The full text of the Parliamentary Elections

The full text of the Parliamentary Elections Act



11/05/2013 10:22
Published site of the Iraqi Media Network (IMN) The full text of the parliamentary elections law voted by the House of Representatives.

The law age of the candidate and the method of calculating the votes in addition to the number of seats in each province.
Proposed law to amend the House of Representatives election law No. (16) for the year 2005
Behalf of the people

Presidency of the Republic

Based on what passed the House of Representatives and approved by the President of the Republic and based on the provisions of paragraph (First) of Article (61) and item (iii) of Article (73) of the Constitution Act the following: -

No. () for the year 2013
Act to amend the House of Representatives election law No. (16) for the year 2005
Chapter One
Definitions and goals, Syriacs
Article (1)
Expressions shall have the following for the purposes of this Act shall have the meanings set out against which

Council: Iraqi Council of Representatives

Commission: Electoral Commission for elections

Voter: Iraqi who meets the legal requirements and eligibility to vote in the elections.

Voter Diaspora: Iraqi who were forcibly تهجيره of permanent place of residence to another place inside Iraq after 9/4/2003 for any reason whatsoever.

Record primary voters: the record that contains the names and data of voters and which is prepared and published by the Commission for him and appeals thereon

The final voter register: Record the names and data of stainless voters to appeal, which is published after the end of the objection period

Candidate: It is every Iraqi nomination was accepted officially by the Electoral Commission for elections for membership of the Iraqi Council of Representatives.

Individual menu: a menu that is entitled to one individual to stand for election to be registered with the Commission

Open list: a list containing the names of candidates declared.

Constituency: each specific area allotted a number of seats in accordance with the provisions of this law.

Election Center: the place designated by the Commission within the constituency to make the voting process.
Article (2)

This law aims at the following:

First: voter participation in the selection of their representatives in the Iraqi Council of Representatives.

Second: equality in the electoral participation.

Third: ensuring the rights of the voter and the candidate in the electoral participation

Fourth: ensure fair elections, freedom and fairness.

Fifth: to provide legal protection for the stages and procedures of the electoral process.

Article (3)

This law applies to the Iraqi Council of Representatives elections.

Chapter II

(Right to vote)

Article (4)

First - the right of every Iraqi election and an Iraqi who meets the conditions set forth in this law for the exercise of this right without discrimination because of sex, race or national origin, color, religion, sect, belief or opinion, or economic or social status

Secondly - practiced every voter the right to vote for the election in a free, direct and secret and individual may not vote by proxy.

Article (5)

A voter must be:

First: Iraqi nationality.

Second: Full eligibility.

Third: completed eighteen years of age in the year in which the elections.

Fourth: registered in the register of voters and in accordance with the provisions of this Act and the regulations and procedures issued by the Commission.

Article (6)

Ballot in a single day in the whole of the Republic of Iraq.

Article (7)

First: - elections must be held before the House of Representatives 45 days from the date of the previous election cycle, at least.

Second: - Elections of the Iraqi Council of Representatives for the third session no later than 01/05/2014

Third: - determines the date of the elections by a decision of the Council of Ministers and in coordination with the Electoral Commission, and approved by the House of Representatives and issued a presidential decree and announced in the media all before the deadline for conducting the duration of not less than 90 days.

Chapter III

(Right of nomination)

Article ([You must be registered and logged in to see this image.]

The candidate for membership in the Council of Representatives to add the requirements to be provided in the voter as follows:

First: that at least the age of (30) thirty years old when the nomination.

Second: make it clear that is covered by the law of the Accountability and Justice Commission or any other law to replace it.

Third: be of good behavior and not convicted of a crime involving moral turpitude.

Fourth: to be the holder of a certificate Preparatory minimum or equivalent.

Fifth: He must not have illegally enriched at the expense of home or public money.

VI: It can not be members of the armed forces or security institutions when his candidacy.

Article (9)

First - send the Commission lists of candidates to the national body for accountability and justice for its decision within (15) five Ashraoma from the date of receipt.

Secondly - the candidates are subject to approval by UNHCR.

Article (10)

No more than the number of candidates on the list twice the number of seats allocated to the constituency.

Chapter IV

(Constituencies)

Article (11)

First: - Icton the House of Representatives (328) three hundred and twenty-eight seats are distributed (320) three hundred and twenty seats to the provinces according to border management and in accordance with the schedule attached to law and be ([You must be registered and logged in to see this image.] eight seats, including the share (quota) of the components.

Second: - granted the following components share (quota) of the seats allocated is calculated that does not affect the percentage in the case of their participation in the national lists, as follows:

A - component Christian (5) Five seats are distributed to the province of Baghdad, Mosul and Kirkuk, Dohuk and Erbil.

B - Yezidi component (1) and one seat in the province of Nineveh.

C - the component Sabian Mandaean (1) and one seat in the province of Baghdad.

D - the networking component (1) in the province of Nineveh.

Third: - seats are allocated quota of Christians and Sabian Mandaean within a single electoral constituency.

Article (12)

Applications must be in a manner open list and not less than the number of candidates for three voters are entitled to vote for the list or the list and one of the candidates may be individual filtration.

Article (13)

First: - must not be less than the number of women candidates for 25% on the list and not less than the proportion of women's representation in the Council of 25% including the minority quota.

Second: - required when submitting the list that takes into account the sequence of women by a woman after all three men.


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Article (14)

First: - seats are distributed on competing lists according to the system Saint Akowalmadl, as follows: -

Valid votes divided competing lists the serial numbers (1.6,3,5,7,9 ....... etc.) and the number of seats allocated to the constituency.

Second: - take into account the guarantee for women (25%), at least the number of seats.

Third: - the distribution of seats within the list re-sequencing of candidates based on the number of votes obtained by each of them, and be the first winner gets the highest number of votes, and so on for the rest of the candidates.

Fourth: - in the case of an equality of votes the candidates to win the seat last resort to draw in the presence of candidates or representatives of the blocks concerned.

Article (15)

First: - if the vacant seat for a woman is not required to be replaced by a woman, but if that was influential on the representation of women.

Second: - if the vacant seat belonged to a political entity or exhausted List candidates allocate the seat to another candidate for a political entity that received the minimum number of votes scheduled for a seat.
Chapter V
(Voter registration)
Article (16)
First - the Commission of voter registration for those who meet the conditions stipulated in this Law
Second - The Commission shall prepare and update a record primary voters in cooperation and coordination with the UNHCR offices in the region and the provinces.

Third - Everyone eligible right to require registration name in the register of voters and has a primary verification of registration to be named, said did not exist in it.

IV - Registration will be in person or under the instructions of the Commission.

V. - may not be a registered voter in more than one constituency.

VI - the Electoral Commission for elections during the voter registration update the mobile use of the difference on the homes of citizens to ensure the participation of the largest possible number of citizens in the process of modernization.
Article (17)
Adopt the Commission in the preparation of the voter register on the latest voter registration database prepared in accordance with the ration card database with updated voter registration centers until a general census of the population.
Article (18)
Displays the register of voters for each constituency are listed the names of the voters in the order of the alphabet by the Commission in a prominent place within the registration centers to facilitate access to it.
Article (19)
First - both did not want his name in the record or primary voters went wrong in بقيده data to submit an objection to the National Office of the High Commission or its branches in the provinces to the inclusion of his name or correct its own data in the record.
Secondly - submit an objection in writing in accordance with the provisions of this law within a period determined by the Commission starts from the date of record of primary voters in the constituencies.
Thirdly - decided by the UNHCR office in objection within a period determined by the Commission and his decision shall be capable to challenge it before the Board of Commissioners and his decision shall be subject to appeal it in accordance with the law.
Article (20)
Primary record becomes final, under which the ballot is extended after the contest it or resolve the objections submitted thereon and UNHCR publication in the registration centers after the period determined by the.
Chapter VI
(Campaigning)
Article (21)
Free electoral propaganda guaranteed right of the candidate under the provisions of this law starts from the date of approval of the lists of candidates by the Commission and ends before (24) hours of the start of voting.
Article (22)
Electioneering shall be exempt from any fees.
Article (23)
First - define the Municipality of Baghdad and relevant municipalities in the provinces, in coordination with the Office of the places where the practice is prohibited election propaganda, and prevents the publication of any advertisement or programs or pictures of the candidates in the polling centers and stations.
Secondly - the political entities participating in the elections campaigning and removal in accordance with instructions issued by the Commission.
Article (24)
Prevents the organization of meetings convened by the electoral candidate or his supporters and the purpose of publicity for the candidate within the period specified in this law in buildings occupied by ministries and various government departments.
Article (25)
Prevent the exploitation of buildings of ministries and various state institutions and places of worship and religious symbols of any propaganda or electoral activities of political entities and candidates.
Article (26)
Prohibits the use of the official state emblem in meetings and electoral advertisements and flyers in the writings and fees that are used in the election campaign.
Article (27)
May not be to the staff of government departments and local authorities to use their influence career or state resources or means or instrumentalities for the benefit of themselves or of any candidate, including its security and military campaigning or influencing voters.
Article (28)
It is prohibited to exercise any form of pressure or coercion or give material or moral gains or promise in order to influence the outcome of elections.
Article (29)
Prohibits electioneering spending of public money or from the budget of ministries, endowment funds, or funds of external support.
Article (30)
Firstly: It is not permissible for any candidate that the day of the vote to distribute the work programs or publications, cards or other documents by himself or by others.
Secondly: It is not permissible for any of the employees in government departments or members of the local authorities that the day of the vote to distribute the work programs by himself or through others
Thirdly: It is not permissible to place ads or software distribution business cards or leaflets or on behalf of a candidate is not registered in the lists of candidates approved by the Commission.
Chapter VII
(Electoral crimes)
Article (31)
Shall be punished by imprisonment for a term not less than (6) six months and a fine of not less than (250000) two hundred and fifty thousand dinars and not more than 1,000,000 million dinars each.
First: Do not include the name or the names or attributes of fakes in the register of voters or deliberate non-inclusion of name in violation of the provisions of this law.
Second: to achieve the inclusion of his name or the name of others without the availability of the required legal conditions and proved that he knows it all to reach the non-inclusion of another name or delete it.
Third: voted in the election and he knows that his name was included in the register of voters in violation of the law or that he has lost the legal conditions required in the use of the right in elections
Fourth: deliberately to vote on behalf of others.
Fifth: divulges the secret vote without voter consent.
Sixth: Use the right to vote more than once.
Seventh: illiterate is the will of the voter wrote name or referred to is code that meant the voter or hindered any voter to prevent him from exercising his right election.

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Article (32)
Shall be punished by imprisonment for not less than one year of:
First: the use of force or threat to prevent voters from the use of his right for him to vote on a particular face or to refrain from voting.
Second: I give, offer or promise that gives voters the benefit for himself or for any other reason to vote on a particular face or to refrain from voting.
Third: before or request the benefit for himself or for someone else who was in charge of the performance of a public service in the electoral process.
Fourth: publish or broadcast between voters incorrect news about the behavior of one of the candidates or reputation in order to influence the views of voters in the election result.

Fifth: the ad hoc headquarters income pregnant elections a firearm or جارحا the contrary to the provisions of this law.
Sixth: libel or defamation or assaulted beating on workers at polling stations.
Seventh: tampering with ballot boxes, voter records or any documents relating to the electoral process.
Eighth: nominated himself for more than a circle or electoral list.
Article (33)
Shall be punished by imprisonment for not less than one year and a fine not less than (1000000) million and not exceeding (5000000) five million dinars or both of the following:

First: acquired or concealed or not, damaged or spoiled or stolen ballots, voter registration or are not Ntejthma any way.

Second: breach of freedom of the election or his regime by force or threat.
Article (34)
Shall be punished by imprisonment for not less than one month or a fine not exceeding one million dinars each commented data, images, or bulletins electoral outside their allocated places.
Article (35)
Shall be punished by imprisonment for not less than one month nor more than one year or a fine of not less than (1000000) million and not exceeding (5000000) five million dinars or both of the following: -

First: the deliberate attack on the pictures of the candidates or their programs published in the places allocated to them for another account or a specific destination in order to harm this candidate or influence the course of the electoral process.

Second: announced the withdrawal of a candidate or more of the electoral process, and he knows that it's incorrect in order to influence voters or converting votes the candidate

Third: the attack on media campaigning legally permitted for any reason whatsoever, whether write-off or shredding or otherwise or all of such behavior

Article (36)

Punishable by embarking on election crimes stipulated in this Law Crime full sentence.

Article (37)

In cases where the contribution of the political entity in the commission of any crime of electoral crimes stipulated in this law, shall be punished by a fine of $ (25,000,000) Twenty-five million.

Chapter VIII

(General and Final Provisions)

Article (38)


Conducted the screening process promised to vote and completion of the forms their own immediately after the voting process at each station of the polling stations and provide the representatives of political entities paper copy them after the ratification of the station manager election, and attached the form at the Designated flags in all polling stations and the UNHCR to open centers counting sub- for the purpose of re-counting for all stations and polling stations and representatives of political entities provides a paper copy of the results of counting and sorting.
Article (39)

Elections may be postponed in a circle or more if circumstances so require and have the delay at the request of the Council of the Electoral Commission and the decision of the Council of Ministers and approved by the House of Representatives.


Article (40)

Your vote will be before (48) hours prior to universal suffrage and includes: -

First: - employees of the Ministry of Defense and Interior, and all other security in accordance with the special procedures established by the Commission and adopt them on the official lists provided by the competent authorities covered in your vote before (60) days from the date of the ballot and deleted their names from the register of voters of the year.

Second: - inmates and detainees based on lists provided by the Ministry of Interior and Justice, within a period of not less than 30 days from the date of the ballot and removed their names from the voter register.

Third: - patients admitted to the hospitals and other clinics and be based on lists provided by these entities by direct ballot in accordance with Commission procedures.

Fourth: - Displaced vote according to the latest official statistics supplied to the Commission from the Ministry of Displacement and Migration and trade whereby immigrant is entitled to vote in the place where the vote for the original constituency that abandoned them.

Article (41)

First - Elections are held in Baghdad, Mosul, Basra, Dhi Qar, Babylon, Sulaymaniyah, Anbar, Arbil, Diyala, Kirkuk, Salah al-Din, Najaf, Wasit, Qadisiyah, Maysan, Dohuk, Karbala, Muthanna, if the increase in their records 5 % or more annually from representatives of members of the House of Representatives for the province and the membership of a representative from each of the Ministry of Planning, Interior and Commerce and the Independent Higher Commission for Elections and with the help of the United Nations to review and audit error and the increase in voter registration, according to official data and standards contained in this Act to correct the voter register to be completed Committee work within a year of its history.

Second: - The election results to not be considered in the above provinces of doubtful provinces in their records before the completion of the audit records of the voters as a basis for any future electoral process or precedent for any political or administrative mode.

Article (42)

First: - determines the difference between the number of registered in the register of 2004 before the update and the number registered in the 2014 elections.

Second: - conducted an audit of the difference in the above first and additions for the years (2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012 and 2013) Baturkz as follows:

1 - additions population (births, deaths and transfer of registration from the province) for the period from 2004 to 2013.

2 - returning deportees, according to official records.

3 - any other demographic changes during this period.

Third: The process is based health checks to see restrictions and legality and non-legal cases and counted the number of differences and representative of the seats.

Fourth: The number of members of the House of Representatives representing Kirkuk and Nineveh, Salahuddin and other provinces in the records is doubtful that will determine through the ratio of the population to be adopted by the Council after subtracting the number of seats resulting from the violations.

Fifth: The owners maintain the correct numbers and registration numbers beyond maintaining the national quota.

Article (43)

In the event of the adoption of electronic voting based instructions issued by the Commission to conduct the voting process and the counting and sorting.

Article (44)

The Council of Ministers and the Ministry of Finance disbursement of funds allocated to hold the elections to the Electoral Commission for elections within (15) fifteen days from the date of appointment ballot.

Article (45)

The Ministries of Education and Higher Education and Scientific Research, and the whole accountability, justice and all relevant departments to answer queries run health Commission during a maximum period of fifteen days.

Article (46)

The Commission may issue instructions to facilitate the implementation of the provisions of this law.

Article (47)

The Law of the House of Representatives elections No. 16 of 2005, as amended.

Article (48)

Does not work any provision contrary to the provisions of this law and is effective from the date of ratification and shall be published in the Official Gazette.

Reasons

In order to hold free and fair elections are conducted high level of transparency, and for the purpose of representation of the will of the voter is true, and to allow for fair competition and away from external influences and for the purpose of promoting the democratic process initiated

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