Special dispensation :

Upon the initiative of President Zine El Abidine Ben Ali, a dispensatory constitutional law was adopted in 1999, allowing, during a transitory phase, to increase the number of candidacies to the Presidency of the Republic for the 1999 elections without the need for the candidate to be endorsed by 30 elected persons. Thus, the top official of a political party, that is its president or secretary general, was entitled, on an exceptional basis, to run as a candidate, on condition that on the day he submits his candidacy, he shall have held that position in his party for at least five consecutive years and that the party has at least one member in the Chamber of Deputies.

Concerning the presidential election of 2004, a constitutional law including dispensatory provisions to paragraph 3 of article 40 of the Constitution was promulgated on May 13, 2003 in order to further relax the candidacy requirements and to reinforce the plurality of presidential candidacies. Thus, failing to fulfill the condition for candidacy presentation provided for in paragraph 3 of article 40 of the constitution, each political party can, on an exceptional basis, present, for the 2004 presidential election, the candidacy of one of the members of its high executive body, on condition that on the day he submits his candidacy application, the concerned person shall have held that position for at least five consecutive years and that the party has one or more members in the Chamber of Deputies. The deputy's membership of a party is that considered at the time he presents his candidacy to the legislative elections.

•  Presentation of candidacies to the Constitutional Council : the declaration of candidacy shall be recorded in a register specially held for that purpose in the Constitutional Council.

The Constitutional Council shall rule on the validity of candidacies, proclaim the result of the elections, and decide on the relevant petitions submitted to it, in conformity with the provisions of the Electoral Code (article 40 of the constitution).

•  The President of the Republic is elected by universal, free, direct and secret suffrage, and by the absolute majority of the valid votes, during the last 30 days of the presidential term (article 39 of the Constitution). In case this majority is not obtained in the first round of elections, a second round shall be held on the second Sunday following the ballot day. Only the first two candidates having obtained the highest number of valid votes in the first round may participate in the second round.

•  the President of the republic is re-electable.