Deputies to the National People's Congress (NPC) are members of the highest
organ of state power in China and are all elected in accordance with law.
All citizens of the People's Republic of China who have reached the age of 18
have the right to vote and stand for election irrespective of nationality, race,
sex, occupation, family background, religious belief, education, property
status, or length of residence, except persons deprived of political rights
according to law.
According to the Electoral Law, deputies to county- and township-level
people's congresses are directly elected by voters, while deputies to people's
congresses above the county-level are elected by deputies to people's congresses
at the next lower level; deputies to the NPC are elected by people's congresses
in provinces, autonomous regions and central-administered municipalities. The
armed forces conduct separate elections.
Deputies to the NPC should be elected by secret ballot, and the number of
candidates should be greater than the number of elected deputies by between one
fifth and a half. All parties and people's groups may jointly or separately
recommend candidates for NPC deputies, and more than ten people's deputies may
recommend a candidate. People's congresses above the county level, in electing
deputies to people's congresses at the next higher level, may elect people other
than their deputies.
The number of deputies to the NPC should not exceed 3,000, and the
distribution of the NPC deputies should be decided by the NPC Standing
Committee. The number of NPC deputies in Hong Kong and Macao special
administrative regions and the electoral procedures there should be subject to
regulations made separately by the NPC Standing Committee.
The election committee should collect and publicize a namelist of candidates
for NPC deputies 20 days before the election, and publicize a namelist of formal
candidates five days before the election. Electors may vote for or against or
abstain from voting, or elect deputies other than the candidates. Candidates who
stand for election as deputies to a people's congress can be deemed elected if
they receive more than half of the votes cast by electors or deputies present.
If the number of candidates who receive more than half of the votes cast exceeds
that of deputies to be elected, only those with the greatest number of votes
should be deemed elected.
Results of the election should be declared valid or invalid by the presidium.
Expenses for the election should be paid by the State Treasury, and election is
to be presided by the NPC Standing Committee.
The NPC deputies are subject to
supervision by their electoral units, which also have the right to recall the
deputies they have elected. An NPC deputy may submit his or her resignation
letter to the standing committee of the people's congress which elected him or
her.
A by-election should be held according to law by the
same electoral unit to choose a new deputy for the position of a deputy who
falls vacant for various reasons during his or her tenure.