The qualifications for the presidency are specified by Chapter III Section A of the 1987 Constitution of Haiti. The president is elected to a five-year term by popular vote. The president is not to be elected twice in a row: he may serve a second term only after an interval of five years, and must not run for a third term. To be elected president, a candidate must:
be a native-born Haitian and never renounced that nationality;
be the owner of a real property and have one's habitual residence in the country;
reside in the country at least 5 years before election day;
have been discharged of responsibilities if previously handling public funds.
Elections are held on the last Sunday in November in the fifth year of the current president's term. However, the election time is not fixed according to the election held in 2015. If no candidate receives a majority, a runoff election is held between the top two candidates. Runoff candidate who have not withdrawn before the runoff, who have the highest number of votes will become the next president. Each presidential term in office begins and ends on the first February 7 after presidential elections are held. However this is also altered after Michel Martelly became the president on May 11 of 2011.
Duties and powers
The qualifications for the presidency are specified by Articles 136 to 147, part of Chapter III Section B of the 1987 Constitution of Haiti. The president has no powers except those accorded to him in the Constitution. The Constitution mandates that the president see to: the respect for and enforcement of the Constitution and the stability of the institutions; regular operations of the public authorities; the continuity of the State; and the nation's independence and the integrity of its territory. When there is a majority in Parliament, the president must choose a prime minister from the majority party; otherwise, he chooses one after consultation with the two houses of Parliament. In either case, the choice must then be ratified by Parliament. The president terminates the duties of the prime minister when the Government resigns. The president declares war and negotiates and signs peace treaties with the approval of the National Assembly, and signs all international treaties, conventions and agreements, submitting them to the National Assembly for ratification. The president accredits ambassadors and special envoys to foreign powers; receives letters of accreditation from ambassadors of foreign powers; and issue exequaturs to recognize consuls. With the approval of the senate, the president appoints the commander-in-chief of Haitian armed forces, Haitian police forces, ambassadors and consuls to foreign states. With the approval of the Council of Ministers, the president of the Republic appoints the directors general of the civil service, and delegates and vice delegates of Departments and Arrondissements. The president is also the head of Haitian armed forces. The president ratifies laws and has the right to choose between ratifying a law or not. The president could perform or commune sentences in all res judica cases, except ones carried by Supreme Court judges. The president, however, cannot grant amnesty to non-political prisoners.
