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这是一起发生在一年前的选举案。案子虽早作定论,但由此引出的选举理论问题仍需探讨,尤其是在即将举行县(市)人大换届选举前夕。2002年12月18日为某县乡镇第六届人民代表大会代表选举日。投票选举当日,某镇甲选区部分选民分别在选票的空栏内填写了乙选区选民陈某(非候选人)。结果,陈某在甲选区“双过半”(即应到选民和获赞成票都超过半数)。围绕陈某能否当选为该镇第六届人民代表大会代表问题,该镇选举委员会出现了两种不同意见。第一种意见认为,陈某的当选结果无效。其理由是:陈某不符合代表候选人提名的法律要求。选举法第29条规定,“全国和地方各级人民代表大会的代表候选
This is a election that took place a year ago. Although the case is a long time to come to a conclusion, the elective theoretical issues still to be explored still need to be explored, especially on the eve of the upcoming general election of county (city) people’s congress. December 18, 2002 is the election day of the sixth county people’s congress of a county. On the day of the vote, some voters in a constituency of a certain town filled out Chen (non-candidate) voters in the B voting list in the blank column of the ballot paper. As a result, Chen in the A district “two-and-a-half” (that is, should go to the voters and the votes are more than half). Around Chen’s election as the town’s sixth session of the National People’s Congress on behalf of the issue, the town election committee appeared in two different opinions. The first opinion is that Chen’s election result is invalid. The reason is: Chen does not meet the legal requirements on behalf of the nomination of candidates. Article 29 of the Electoral Law provides that "candidates for the representatives of the people’s congresses at the national and local levels shall be elected