Text of the Act to amend the law of the House of Representatives election law
Text of the Act to amend the law of the House of Representatives election law
09/29/2013 12:00 AM
publishes the “morning” text of the draft law amending the election law, the House of Representatives (16) for the year 2005, which is scheduled to be voted on by the House of Representatives in tomorrow’s meeting, as determined by the presidency of the parliament.
The following is the text of the law: the name of the Presidency of the Republic people Based on what passed the House of Representatives and approved by the President of the Republic and according to the provisions of paragraph (First) of Article (61) and item (iii) of Article (73) of the Constitution Act as follows: – No. () of 2013 proposed law amending the election law, the House of Representatives No. (16) for the year 2005 first quarter definitions and goals, Syriacs Article (1) expressions shall have the following for the purposes of this Act shall have the meanings against which the Council: Iraqi Council of Representatives Commission: the Electoral Commission for elections voter: Iraqi who meets the legal requirements and eligibility to vote in the election. voter Diaspora : Iraqi who was تهجيره forcibly removed from his place of residence Permanent to another location inside Iraq after 9/4/2003 for any reason. voter register primary: the record that contains the names and data of voters who are prepared and published by the Commission to look at it and appeals thereon scored the final voters : record of the names and data of voters stainless challenged and that is published after the expiration of the opposition candidate: is all Iraqis were accepted his candidacy officially by the Electoral Commission for elections for membership of the Iraqi Council of Representatives. existing individual: a menu that is entitled to one individual to stand out for elections must be registered with the UNHCR open list: a list containing the names of candidates declared. constituency: each specific area have been allocated a number of seats in accordance with the provisions of this law. center of the election: the place designated by the Commission within the constituency to make the voting process it. article (2 ) This law aims to the following: First: voter participation in the selection of their representatives in the Iraqi Council of Representatives. Secondly: Equality in electoral participation. Third: ensuring the rights of the voter and the candidate in the electoral participation IV: ensure fair elections, freedom and fairness. Fifth: to provide legal protection for the stages and procedures for the electoral process. article (3) This law shall apply to elections to the Iraqi parliament. Chapter II (right to vote) Article (4) first – the election right of every Iraqi, an Iraqi who meets the conditions set forth in this law for the exercise of this right without discrimination on grounds of sex , race, nationality, 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 Individual Votes may be cast by proxy. article (5) requires the voter to be: First: Iraqi nationality. Secondly: full eligibility. III: completed eighteen years of age in the year in which the elections. Fourth: registered in the voters’ register in accordance with the provisions of this Act and the regulations and procedures issued by the Commission of Article (6) being the ballot in a single day in the pan Republic of Iraq Article (7) First: set the date of the elections by a presidential decree and announced in the media all before the deadline for carrying out the duration of not less than ninety days. Secondly: You must hold elections the House of Representatives before the forty-five days from the date of the end of the election cycle earlier, at least. Chapter III (right of nomination) Article (8) A candidate for membership of the House of Representatives to add the requirements that must be met in the voter as follows: First: But under the age of (28) twenty-eight years old when the nomination. Secondly: not to be covered by the law of the Justice and Accountability or any other law to replace it. Thirdly: be of good behavior and not convicted of a felony or misdemeanor involving moral turpitude. Fourth: He must have a bachelor’s degree as a minimum or equivalent. Fifth: only have enriched illegally at the expense of home or money year. Sixth: not to be members of the armed forces or security institutions when his candidacy. article (9) first – send the Commission lists of candidates to the National Commission for Accountability and Justice to decide within (15) Five Ashraoma from the date of receipt. Secondly – subject candidates to authenticate the Commission. Article (10) does not increase the number of candidates on the list twice the number of seats allocated to the constituency. Chapter IV (constituencies) Article (11) First: – composed the House of Representatives (325) seats by one seat each (100,000) one hundred thousand people, and while population census. article (12) Applications must be in accordance with the open-list system shall be entitled to voters to vote for the list or the list and one of the candidates contained therein. article (13) must not be less than the number of women candidates for the quarter in the list and not less than the representation of women in the Council for the quarter. article (14) is the distribution of seats on the competing lists according to Hundt method for the distribution of seats is as follows: – First: – valid votes divided competing lists the serial numbers (4,3,2,1, etc.) .. And the number of seats allocated to the constituency. Secondly: – take into account the guarantee for women (25 percent), at least the number of seats. Thirdly: – in the case of equality of votes the candidates to win the seat last resort to draw in the presence of candidates or representatives of the blocks concerned. Fourth: – seats will be distributed within the list re-sequencing of candidates based on the number of votes obtained by each of them, and be the winner of the first who gets the highest number of votes, and so on for the rest of the candidates. article (15) gives the following components share quota is calculated from the seats in parliament: – First: – five seats for the component Christian by one seat in the governorates (Baghdad, Erbil, Mosul, Kirkuk, Dohuk) Second: – five seats for the component Yezidi. Thirdly: – one seat for the component Mandaean. Fourth: – one seat for a component Shabak. V.: – one seat for a component Armenians. Sixth: – the seats allocated quota for Christians and Sabean Mandaean within a single electoral constituency Article (16) First: – if the vacant seat for a woman is not required to be replaced by a woman, but if that was influential in the proportion of women’s representation. Secondly: – if the vacant seat for a political entity or a list exhausted 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 (17) first – UNHCR registration of voters who meet the conditions set in this Act II – UNHCR preparation and updating of the voter register primary in cooperation and coordination with the UNHCR offices in the region and the provinces. Thirdly – Everyone eligible right to require registration name in the register of voters primary and has a check register his name that did not exist when . IV – Registration will be in person or under the instructions Commission V. – may not be a voter registered in more than one article (18) First: – depend Commission in determining the number of seats in the constituency on the latest data of the Ministry of Commerce. Secondly: – depend Commission in the preparation of voters’ register on the latest database register of voters prepared in accordance with database ration card with the updated voter registration centers until a general census of the population. article (19) log shows voters per constituency 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 (20) first – both did not want his name in the register of voters primary or error occurred in the data بقيده to submit an objection to the National Office of the UN High Commissioner or its branches in the provinces to the inclusion of his name or the correct data of its own 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 register of voters in primary constituencies. Thirdly – pending the UNHCR office in objection within a period determined by the Commission and the decision shall be capable of objection to it before the Board of Commissioners and his decision shall be subject to appeal it in accordance with the law. article (21) becomes a record primary final and is polling whereby after the extended challenge it or resolve the objections submitted thereon and UNHCR publication in the registration centers after the period determined by the. Chapter VI (campaigning) Article (22) electoral propaganda free guaranteed right of the candidate under the provisions of this law, starting from the date of approval of the lists of candidates by the Commission and ends before (24) hours of the start of voting. Article (23) shall be exempt electoral propaganda of any fee. article (24) first – determine the Baghdad Municipality and municipal authorities in the provinces in coordination with the UNHCR places that prevents the exercise of the electoral propaganda, and prevents the publication of any advertisement or programs or pictures of the candidates in the centers and polling stations. Secondly – political entities participating in the elections remove the electoral propaganda and in accordance with instructions issued by the Commission. Article (25) prevents the organization of meetings election held by the candidate or his supporters and the purpose of publicity for the candidate within the period specified in this law in the buildings occupied by the ministries and departments of the various state. article (26) prevents the exploitation of buildings of ministries and various state institutions and places of worship of any propaganda or activities election of candidates. Article 27 prohibits the use of state emblem official meetings and ads, brochures electoral In writings and fees that are used in the campaign. Article (28) shall not staff the state 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 influence voters. article (29) prohibits any form of pressure or coercion or give material or moral gains or promise in order to influence the outcome of the election. Article 30 prohibits spending on campaigning by public money or budget or funds ministries endowment funds or from external support material (31) 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 local authorities that the day of the vote to distribute the work programs by himself or by other Third: 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 (of the electoral crimes) of Article (32) shall be punished by imprisonment for at least (6) six months and a fine of not less than (250000) two hundred and fifty thousand dinars and not exceeding (1000000) million each. First: the deliberate inclusion of the name or names or attributes of fakes in the register of voters or deliberately failed to include the name Unlike the provisions of this law. Secondly: to achieve the inclusion of his name or the name of others without the availability of legal conditions required and proved that he knows that all of reach non-inclusion of another name or delete it. Third: voted in the election and he knows that his name was included in the voters’ register violation of the law or he lost the legal conditions required in the use of his right in the elections IV: deliberately voting on behalf of others. V.: divulges the secret vote voters without consent. Sixth: Use the right to vote more than once. Seventh: is the will of the voter illiterate and wrote a name or referred to the code is which meant the voter or hindered any voter to prevent him from exercising his right election. Article (33) shall be punished by imprisonment for not less than one year are: First: Use of force or threat to prevent voters from the use of his right to him to vote on the face of a particular or to refrain from voting. Second: I give, offer or promise that gives voters the benefit to himself or others for him to vote in a certain or to refrain from voting. Thirdly: Before or request 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 among voters news incorrect behavior of a candidate or his reputation in order to influence the views of voters in the outcome of the election. V.: income to Headquarters allocated for elections carrying a firearm or جارحا contrary to the provisions of this law. Sixth: insulting or defamatory, assaulted beat workers at polling stations . Seventh: tampering with ballot boxes or voter registers or any other documents relating to the electoral process. Eighth: nominated himself for more than a department or electoral list. Article (34) shall be punished by imprisonment for not less than one year and a fine of not less than (1000000) million and not more than (5000000) five million dinars or both of the following: First: acquired or concealed or executed or damaged, spoiled or stolen ballots, voter registration, or result in any way. Secondly: breached freely election or his regime by force or threat. Article (35) 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 own electoral outside of places allocated to them. Article (36) shall be punished by imprisonment for a term not less than one month nor more than one year or a fine 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 with malicious intent of this candidate or influence the electoral process. Secondly: announced the withdrawal of a candidate or more of the electoral process, and he knows that this is an incorrect view to influence voters or transfer of votes the candidate the Third: The assault on the means of election propaganda legally permitted for any reason whatsoever, whether write-off or shredding or otherwise or all of the disposal of such material (37) is punishable by embarking on crimes election provided in this Act Baquba Crime full. article (38) in cases where the contribution of the political entity in the commission of any crime of electoral crimes stipulated in this law, shall be fined of $ 25000000) Twenty-five million. Chapter VIII (General Provisions and Final) Article (39) 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 (40) to the Council of Ministers and the Ministry of Finance disbursement of funds allocated for the elections to Electoral Commission for elections within (15) fifteen days from the date of appointment ballot. article (41) on the Ministries of Education and Higher Education and Scientific Research, and the bodies of accountability, justice and integrity and all relevant departments to answer the inquiries of the Commission’s health candidacy during a maximum period of fifteen days. article (42) of Article (43) The Law Council of Representatives elections No. 16 of 2005, as amended. Article (44) does not work any provision contrary to the provisions of this law is effective from the date approved and 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 this law.