PROVISIONAL SOVIET ELECTION LAW

9 August 1933

[Text] Chapter 1 General Provisions

Article 1 The election of soviets of all levels in the territory of the Chinese Soviet Republic shall be governed by the provisions of this Law.

Article 2 During the period of war the election of the Red Army shall be governed by a special chapter of this Law.

Article 3 The proletariat is the vanguard of the soviets, leading the peasantry in the overthrow of the Kuomintang regime of the landowning bourgeoisie and establishing the workers' and peasants' democratic dictatorship of the Soviet political power. In order to strengthen the leadership of the proletariat in soviet organs, the workers, in comparison with other residents, shall enjoy superior rights in the proportion of their number of deputies in relation to the number of residents.

Chapter 2 The Right To Elect and the Right To Be Elected

Article 4 All citizens residing in the territory of the Chinese Soviet Republic and having reached the age of 16 years on election day shall enjoy the right to elect and to be elected without any distinction as to their sex, religion and nationality provided that they possess one of the following qualifications:

(1) All hired laborers and their families as well as all persons who live by their own labor and their families (such as workers, employees, poor peasants, middle peasants, independent laborers, urban poor residents, etc);

(2) Those in the active service of the Army, Navy and Air Force of the Chinese Soviet Republic and their families;

(3) Persons of the above two categories who have lost their laboring power or jobs at the time of the election.

Note: The families of persons of all categories in this Article shall not have the right to elect and to be elected if they have been deprived of their right of election owing to the origin of their birth.

Article 5 Persons who violate the provisions of one of the following articles shall not have the right to elect and to be elected:

(1) Those who hire the labor of others for profit (such as rich peasants and capitalists);

(2) Those who do not live by their labor but depend for their living on the profits of their capital, land, and other properties (such as evil gentry, landlords, and capitalists);

(3) Landlords, agents of capitalists, middle men (such as intermediaries and brokers) and compradores;

(4) All persons who engage in the profession of propagating religion and superstition such as missionaries of various religions, priests, monks, taoist priests, geomancers and magicians;

(5) Police spies, gendarmes, bureaucrats, warlords and all reactionary elements who have participated in opposing the interests of workers and peasants in the Kuomintang government and other reactionary governments;

(6) Insane persons;

(7) Those who have been convicted of a crime by court and whose period of sentence has not been completely executed or whose period of deprivation of the right of election has not expired;

(8) The families of persons of all categories mentioned in Paragraphs 1, 2, 3, 4 and 5 of this Article.

Note: The families of persons who engage in the profession of propagating religion and superstition under Paragraph 4 of this Article shall still have the right to elect and to be elected if they live by their own labor.

Article 6 Persons of all categories mentioned in Article 4 of this Law who violate the provisions of one of the Paragraphs from 1 to 7 of Article 5 of this Law shall likewise be deprived of the right to elect and to be elected.

Chapter 3 Election Procedures

Article 7 An election shall be held by the soviet of a locality at a fixed date in accordance with the decision of the Central Executive Committee.

Article 8 An election shall be held only in the presence of the representative of the election committee.

Article 9 Prior to the conduct of an election the registration of electors must be carried out so that a list of the names of electors and those who have been deprived of their right of election as well as a list of the total number of residents in the election district shall be publicly announced by the local soviet 5 days in advance of the election.

Article 10 After the completion of registration of electors, each elector must be notified of the time and place of the election meeting and must be registered in front of the place of the election meeting.

Article 11 A worker shall take the organization of his production or his occupation and industry as the unit to hold the election meeting. Those who are unable to take their production as the unit to conduct the election must demarcate their district by their street and designate a place to hold the election meeting. A peasant takes his house (farm hamlet) as the unit to hold the election meeting. If a small house has too few people, it can be combined with one or several of the neighboring houses to hold the election meeting.

Article 12 The families of workers shall participate in the election in conjunction with the basic person at the same place and acquire equal qualification of an elector with the basic person. If the family of a worker does not live with the basic person at the same place, he or she shall participate in the election at the place of his or her work or residence.

Note: The family of a worker who has been deprived of the right of election cannot participate in the election.

Article 13 An election meeting shall be held only with the presence of more than half of the total number of electors of the locality. If the number of electors has not reached a quorum, the election meeting must be postponed and the election committee shall fix a date and convene another election meeting. If another election meeting is to be convened, the electors must again be notified of the time and place of the election meeting.

Article 14 If a second election meeting is convened, it can be held regardless of whether or not a quorum has been reached and elect the number of deputies to be elected at the meeting.

Article 15 No written ballot is used in the election and voting is decided by a show of hands. Those who receive a majority of hands are elected.

Article 16 The presidium of the election meeting shall be composed of three persons two of whom shall be elected by the election meeting and one shall be the representative of the election committee. The representative of the election committee shall be the ex officio chairman of the presidium of the election meeting. A secretary shall be nominated by the presidium to keep the record of the election meeting.

Article 17 When an election meeting is declared to be in session, the chairman shall announce the number of persons present based on the register at the time of entering the meeting place to see if a quorum has been reached.

Article 18 The agenda of an election meeting shall be as follows:

(1) Election of regular deputies.

(2) Election of alternate deputies.

(3) Passing of proposals.

Note 1: When a vote is taken on a proposed candidate, the method of individual voting shall be adopted in each case and no vote shall be taken on the entire slate all at once.

Note 2: A vote cannot be taken on a regular deputy and an alternate deputy at the same time. The election of a regular deputy must be completed before the election of an alternate deputy.

Article 19 The record of an election meeting must be signed or stamped by all members of the presidium and the secretary.

Article 20 The record of the election meeting, the attendance register and all other documents relating to the election must be collected and sent to the election committee for transmittal to the municipal soviet or district executive committee for examination after the conclusion of the election.

Chapter 4 Procedure for Election of Soviets of all Levels and Criteria of Number of Deputies

Article 21 A township soviet shall be composed of deputies elected by the electors of the entire township at various election meetings. Each 13 worker residents may elect one regular deputy. Each 50 other residents may elect one regular deputy.

Note: In a township with a population of less than 500, the proportion between the number of deputies and residents may be reduced as follows: each 8 worker residents may elect one regular deputy and each 32 other residents may elect one regular deputy.

Article 22 A municipal soviet under a district shall be composed of deputies elected by the electors of the entire municipality at various election meetings. Each 13 worker residents may elect one regular deputy.

Article 23 A municipal soviet directly under a county shall be composed of deputies elected by the electors of the entire municipality at various election meetings. Each 20 worker residents may elect one regular deputy. Each 80 other residents may elect one regular deputy.

Article 24 A municipal soviet directly under a province shall be composed of deputies elected by the electors of the entire municipality at various election meetings. Each 100 worker residents may elect one regular deputy. Each 400 other residents may elect one regular deputy.

Article 25 A municipal soviet directly under the Central Government shall be composed of deputies elected by the electors of the entire municipality at various election meetings. Each 500 worker residents may elect one regular deputy. Each 2,000 other residents may elect one regular deputy.

Article 26 A district soviet congress shall be composed of deputies elected by the townships' soviets and the Red Army attached to the district. With respect to deputies to the district soviet congress, each 200 town and village residents may elect one regular deputy. Workers should make up to 25 per cent of the composition of deputies.

Note: If a district soviet has a municipal soviet under it, deputies from the municipal soviet should be added to it. Each 50 municipal residents may elect one regular deputy.

Article 27 A county soviet congress shall be composed of deputies elected by district soviet congresses and municipal soviets directly under a county as well as deputies elected by the Red Army attached to the county. With respect to deputies to the county soviet congress, each 400 municipal residents may elect one regular deputy and each 1,600 town and village residents may elect one regular deputy. Workers should make up to 30 percent of the composition of deputies.

Article 28 A provincial soviet congress shall be composed of deputies elected by county soviet congresses, and municipal soviets directly under a province as well as deputies elected by the Red Army attached to the province. With respect to deputies to the provincial soviet congress, each 1,500 municipal residents may elect one regular deputy and each 6,000 town and village residents may elect one regular deputy. Workers should make up to 25 percent of the composition of deputies.

Article 29 The National Soviet Congress shall be composed of deputies elected by the deputies of provincial soviet congresses, county soviet congresses directly under a province and municipal soviets directly under the Central Government as well as deputies elected by the Red Army. With respect to deputies to the National Soviet Congress, each 4,500 municipal residents may elect one regular deputy and each 6,000 town and village residents may elect one regular deputy. Workers should make up to 30 percent of the composition of deputies.

Article 30 In localities where the number of residents has not reached a quorum, if their number is more than half of a quorum, they may elect one regular deputy, and if their number is less than half of a quorum, they may elect one alternate deputy.

Article 31 Each five regular deputies may elect one alternate deputy in addition. An alternate deputy may attend meetings and has the right to speak but not the right to vote. If a regular deputy for any reason leaves or is dismissed from his post, he shall be replaced in order by an alternate deputy.

Article 32 District, county and provincial soviet congresses, in addition to electing deputies to the county, provincial and National Soviet Congress, shall also elect the executive committees of soviets of their respective levels. The National Soviet Congress shall elect the Central Executive Committee.

Article 33 The qualifications of deputies to the district, county, provincial and National Soviet Congress shall be examined by examining committees organized by the soviet congresses of their respective levels. The qualifications of deputies of township and municipal soviets shall be examined by examining committees organized the plenum of the township and municipal congresses.

Article 34 The membership of the soviet executive committees of various levels shall be regulated as follows:

A district executive committee may not exceed 35 members.

A county executive committee may not exceed 55 members.

A provincial executive committee may not exceed 95 members.

The Central Executive Committee may not exceed 581 members.

Note 1: With respect to deputies of the Red Army to the soviet congresses of various levels, the criteria of their number and procedure shall be specially regulated by Chapter 5 of this Law.

Note 2: The criteria of the number of deputies from counties directly under the Central Government to the National Soviet Congress shall be regulated by special order of the Central Executive Committee.

Chapter 5 Procedure of Elections and Criteria of Number of Deputies of the Red Army

Article 35 As the Red Army has no fixed points of station during the war period, its personnel cannot participate in the elections of township or municipal soviets. Therefore, it is necessary to adopt provisional measures of accommodation which are specially provided in various articles of this Chapter.

Article 36 The Worker-Peasant Red Army attached to the district soviet government (such as guerrilla units, etc.) shall directly elect deputies to the district soviet congress.

The Worker-Peasant Red Army attached to the county soviet government (such as Independent Regiments, etc.) shall directly elect deputies to the county soviet congress.

The Worker-Peasant Red Army attached to the provincial soviet government or although not attached to the provincial soviet government but charged with long-term work in the province (such as Independent Divisions and various Army Groups in Hunan-Hupeh-Kiangsi, Hunan-Kiangsi, Fukien-Chekiang-Kiangsi and other soviet areas) shall directly elect deputies to the provincial soviet congress. Regional Armies of the Red Army shall directly elect deputies to the National Soviet Congress.

Note: Guards units such as Guards Company, Guards Regiment, Political Defense unit, etc. shall participate in the elections of municipal and township soviets of their localities with their number of deputies equal to that of workers.

Article 37 The criteria of the number of deputies from the Red Army shall be provided as follows: each 25 persons may elect one regular deputy to the district soviet congress; each 100 persons may elect one regular deputy to the county soviet congress; each 400 persons may elect one regular deputy to the provincial soviet congress; and each 600 persons may elect one regular deputy to the National Soviet Congress.

Note: The criteria of the number of alternate deputies shall be governed by the provisions of Articles 30 and 31 of this Law.

Article 38 The election work of the Red Army shall be carried out by the election committee composed of 3 to 5 persons appointed by the political bureau of a regiment or the political commissar of an independent division or the political instructor of a battalion.

Article 39 The election of deputies to the district soviet congress shall take the company or battalion as the unit and shall be conducted by an election meeting. The election of deputies to the county or provincial soviet congress shall take the battalion or regiment as the unit and shall be conducted by an election meeting. The election of deputies to the National Soviet Congress shall take the regiment as the unit and shall be conducted by an election meeting.

Note: The procedure of elections and the work of the election committees shall be governed by the provisions of the various articles in Chapters 3 and 7 of this Law.

Chapter 6 Approval and Cancellation of Basic (Municipal and Township) Elections and Recall of Deputies.

Article 40 Only elections carried out in accordance with the procedure prescribed by this Law shall be considered valid and shall be approved.

Article 41 After a municipal soviet and a district committee have received all documents of an election, a special committee shall be organized to examine them. If it is found that certain parts of an election have violated the provisions of this Law, the right to cancel those parts of the election shall be vested with the municipal soviet and the district executive committee. If the entire election is found to be in violation of the provisions of this Law, the right to cancel the election shall be vested with the soviet executive committee of the next higher level.

Article 42 When the validity of an election is in dispute, it shall be settled by the municipal soviet and the district executive committee. If it cannot be settled by the municipal soviet and the district executive committee, it shall be submitted to the soviet executive committee at the next higher level for settlement.

Article 43 If an election is in violation of the provisions of this Law, every elector may make a complaint to a municipal soviet or a district executive committee. When such a complaint is received by the municipal soviet or the district executive committee, it must be examined at once. If it cannot be settled, it may successively be appealed to the next higher levels.

The Central Executive Committee shall be the final organ of appeal in an election.

Article 44 If deputies of a municipal soviet or a township soviet violate the trust of the electors in the performance of their duties or commit an act of crime, they may be dismissed by the municipal or township soviet at a meeting of the plenum. The electors have the right to recall the deputies elected by them at any time and may elect others in their place. In such cases they must report to the soviet executive committee at the next higher level for examination.

Chapter 7 The Election Committee and Its Work

Article 45 An election committee is the special organ to conduct elections. Its organization has two types as follows:

(1) The municipal election committee to manage the election work of the entire municipality composed of 7 to 11 members.

(2) The district election committee to manage the election work of the various townships of the entire district composed of 9 to 13 members.

Article 46 The election committee is composed of representatives of the government and various mass organizations. Its members shall be passed by the municipal soviet or the district executive committee at a meeting of its presidium and shall be examined and approved by the presidium of the county executive committee.

Article 47 Citizens who work or live in a locality shall be eligible for membership of the election committee of that locality. Under special circumstances the government at the next higher level may transfer someone from another locality.

Article 48 The chairman of a municipal soviet, township soviet and district executive committee may not be a member of the election committee.

Article 49 A member of the election committee need not leave his original post and may temporarily be relieved of his work at election time and devote himself exclusively to the conduct of the election.

Article 50 The election committee will not establish a separate office and may conduct its business in the district executive committee or the township soviet and make use of all of its technical and staff personnel. In case of necessity it may hire additional technical and staff personnel.

Article 51 Prior to an election the election committee should carry out the following work:

(1) It shall register electors. Organized electors may be registered through their own organizations (such as trade unions, poor peasant groups, etc.). Unorganized electors shall be registered by the registrars of the election committee. Registration forms should be filled out according to the register of the electors.

(2) After the conclusion of registration special personnel shall be designated by the election committee to examine the registration forms and a list of the names of the electors shall be published at the locality and on public grounds by the local soviet government 5 days in advance of the election. The number of regular and alternate deputies to be elected from the district shall also be published at the same time.

(3) The time and place of the election meeting shall be publicly announced 3 days before the election meeting and the electors of the district shall be so notified.

(4) It shall prepare proposals to be passed by the election meeting.

(5) It shall prescribe the order in which the various organizations, organs and houses (fifty hamlets) shall hold their election meetings, arrange the meeting hall and appoint registrars at its entrance.

(6) It shall through the local soviet government publish the list of the names of persons who have been deprived of their right of election 5 days in advance of the election.

Article 52 The election committee must appoint its representative to attend every election meeting. The election meeting should be declared in order

by the representative appointed by the election committee and he shall be the ex officio chairman of the presidium of the election meeting.

Article 53 The first item on the agenda of the election meeting shall be the report by the representative of the election committee on the provisions relating to the right to elect and to be elected in accordance with Articles 4, 5 and 6 of this Law.

Article 54 After the election the election committee shall collect and forward all the documents of the election to the municipal soviet or the district executive committee for safekeeping and examination. It shall also submit a report summing up the election to the municipal soviet or the district executive committee.

Article 55 The election committee shall be declared dissolved after the conclusion of the election.

Chapter 8 Election Expenses

Article 56 A budget on the expenses of an election shall be prepared by the election committee at various levels, examined by the municipal soviet or the district executive committee and reported to the soviet government at the next higher level. The expenses of elections shall be paid out of the election fund allotted by the Treasury.

Article 57 With respect to the election expenses of the Red Army, a budget shall be prepared by the election committee and sent to the political department at various levels for examination and approval.

Article 58 The election committee shall be responsible for submitting a final account report on all expenses incurred in elections to the organ of disbursement.

Chapter 9 Supplementary Provisions

Article 59 This Election Law shall come into effect in the Central soviet area from the date of its promulgation. In other soviet areas which have not yet been merged with the Central area it shall come into effect from the date of receipt of this document.

Mao Tse-tung, Chairman
Hsiang Ying, Chang Kuo-t'ao, Vice Chairmen

9 August 1933
°Red Reactionary Documents; No 3, 1935
11,667