Senegal's Constitutional Council: No 30-Day Delay for Local Elections

• Noo Lank has called on President Bassirou Diomaye Faye to fix the date of local elections without delay.
• The term of local councilors and mayors elected in January 2022 is set to expire in January 2027.
• The Electoral Code imposes strict deadlines for various aspects of the electoral process, including setting bail and convening voters.
• Noo Lank has threatened to take 'any useful judicial action' if the elections are not held within the prescribed deadlines.

Le secrétaire général de Noo Lank souligne les répercussions concrètes du retard. L'article L.216 oblige à fixer le montant de la caution au plus tard 150 jours avant le scrutin, l'article L.217 la mise en place de la Commission de réception des candidatures au plus tard 88 jours avant, et les articles L.227 et L.261 la convocation des électeurs par décret publié au Journal officiel au moins 90 jours avant.

The term of the local councilors and mayors elected on January 23, 2022 is set to expire in January 2027. However, President Bassirou Diomaye Faye has yet to sign the decree convening the elections. This silence comes amidst a complex political context: the head of state has referred the issue of merging legislative and local elections to the Constitutional Council for advice, despite no longer having a parliamentary majority since his break with the Pastef on May 22, 2026. Furthermore, a dissolution of the National Assembly is possible from late November 2026 onwards.

In an analysis published on August 10, 2026, Seydina Mouhamadou Malal Diallo, a jurist and general secretary of Noo Lank, argued that the Electoral Code imposes a rigorous schedule. According to him, Articles L.205 and L.237 stipulate that the election must take place within 30 days preceding the expiration of the fifth year of the mandate and 'in any case' during this period. He deduced that the normal window for holding elections would extend from December 24, 2026, to January 23, 2027.

Four possible dates were mentioned for local elections: December 27, 2026, or Sundays on January 3, 10, and 17, 2027. This interpretation diverges from that of Aminata Touré, leader of the presidential majority, who advocated for an organization possible throughout 2027. For the jurist, such an interpretation is not compatible with the letter of Articles L.205 and L.237, even if the Code admits a derogation from the 30-day deadline when circumstances require it.

The Electoral Code imposes strict deadlines for various aspects of the electoral process. Article L.216 requires setting the amount of bail no later than 150 days before the election, while Article L.217 mandates establishing the Commission for Receiving Candidatures no later than 88 days in advance. Articles L.227 and L.261 also stipulate that the convocation of voters by a decree published in the Official Journal must occur at least 90 days prior to the election.

In the event of an election scheduled for December 24, 2026, the deadline for setting bail would have expired around July 27; if held on January 23, 2027, this deadline would fall around August 26. Minister of the Interior Mohamedou Makhtar Cissé has suggested that the presidential decree convening the elections can be signed up to two months before the expiration date, a position deemed insufficient by Noo Lank in light of other deadlines already engaged.

The jurist emphasizes that the derogation provided for in the Code cannot justify indefinitely postponing the election. In case of non-fixation within the deadlines and if signs of an illegal delay confirm, Noo Lank would consider 'any useful judicial action'.

The situation highlights the importance of respecting electoral deadlines to ensure compliance with the Electoral Code. The potential for delays raises concerns about the implications for citizens and organizations involved in the electoral process. Noo Lank's call for prompt action by the President underscores the need for vigilance in interpreting electoral law, particularly in light of the complex political context surrounding the elections.

The analysis also serves as a reminder to civil society organizations, citizens, and political actors to remain vigilant against any opportunistic interpretation of electoral law. The stakes are high, with potential consequences for the electoral process and the democratic fabric of the country.

Lawyers should be aware of the potential for electoral delays and the implications for compliance with the Code électoral, particularly in relation to deadlines for setting election dates and notifying citizens.

Source: Original reporting via Xibaaru