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POL-03

This is a proposal for discussion, not an enacted law.

Ali Zuweid's Political Programme

Proposed legislation · State, Constitution, Justice, Rights and Governance

Electoral System, Electoral Commission and Ballot Integrity Bill

A comprehensive replacement bill unifying the principal framework for Council of Representatives elections and the Independent High Electoral Commission, and rebuilding registration, representation, voting, counting, tabulation, transparency and appeal rules on a verifiable basis.

Document number
POL-03
Version
1.0
Publication / last updated
5 October 2026
Scope
Republic of Iraq

Executive Summary

This bill proposes comprehensive electoral legislation replacing the current fragmentation between Council of Representatives, Governorate and District Council Elections Law No. (12) of 2018, as amended, and Independent High Electoral Commission Law No. (31) of 2019, as amended, while preserving the Commission's legal personality and continuity of its staff and contracts. Reform centres on three interconnected objectives: a fairer representation system, an independent Commission accountable without political subordination, and voting and results that candidates, voters and observers can verify from the polling station to the final outcome.

For general seats, the bill uses each governorate as an electoral constituency, open lists and proportional representation under the original Sainte-Laguë formula (1, 3, 5, 7...), replacing the initial divisor (1.7) that gives larger lists a greater advantage. It retains individual candidacy and the constitutional minimum for women's representation, developing a combined safeguard beginning with at least 40% women on lists and ending with women comprising no less than one quarter of the Council of Representatives. It also lowers the candidacy age to 25 and removes the university-degree requirement as an unnecessary restriction on political rights, while keeping qualifications publicly available to voters.

The bill implements Article (49/First) of the Constitution following the availability, for the first time in decades, of a final national population census. Final results of the 2024 Population and Housing Census, announced in November 2025, put the Iraqi population at 45,778,662. Federal Supreme Court Decision 35/Federal/2017 interpreted one seat per one hundred thousand by reference to the Iraqi population, not the number of voters. The bill therefore establishes an ongoing calculation rule and sets 458 seats as the reference number for the first election meeting the transition period, with component seats included in the total. This is legislative implementation of the constitutional formula under the bill's rounding rule, not an independent political choice to enlarge the Council.

For election administration, the bill retains the judicial model at the core of the Board of Commissioners introduced by the 2019 Law, but prohibits open-ended extensions, sets a single six-year term, and separates the Board's policy and oversight role from professional electoral administration headed by an executive director selected through open competition. It also requires publication of decisions, votes, contracts and electoral data and strengthens financial auditing, integrity and conflict-of-interest safeguards.

Ballot integrity rests on a clear rule: the paper ballot is the original legal record, while electronic devices are supporting tools. The bill requires complete manual counting and tabulation at the polling station, publication of the results form image and data within 24 hours, a documented chain of custody, independent system testing, source-code escrow, and no sole supplier control over the results system. It also introduces a mandatory random audit of at least 10% of polling stations, with expanded auditing or recounting where discrepancies could change a seat.

For complaints and appeals, the bill sets decision deadlines, creates a five-judge electoral judicial panel, and makes cancellation of votes or polling stations an exceptional remedy requiring a proven material violation. It protects valid votes from being lost because of immaterial administrative errors. This policy draws on Iraq's Constitution, the Commission's regulatory experience in the 2025 elections, and observations by the European Union's 2021 election observation mission concerning results transparency, eligibility restrictions, campaign finance and dispute resolution.

Legislative Gaps and Reasons for Reform

Principal gaps addressed by the bill
AreaCurrent positionProposed remedy
Number of Council of Representatives seatsFixed at 329 despite a population-linked constitutional rule and a new final census.A calculation rule tied to the latest final census; the current reference number is 458.
Seat allocationModified Sainte-Laguë begins at 1.7 and favours larger lists.Original Sainte-Laguë 1,3,5... with one governorate as the constituency for general seats.
Candidate eligibilityAge and education restrictions exceed the basic constitutional threshold.Age 25, no university-degree requirement, and transparent qualifications.
Commissioners' tenureProvisions and time limits have in practice produced repeated Board extensions.One six-year term without extension, with a limited 90-day caretaker period.
Administration and implementationOverlap between the Board and executive administration in some powers.A policy and oversight Board and professional electoral administration led by an executive director who is not a Board member.
Identity and registrationHeavy reliance on a separate electoral card.Transition to the unified national identity card and continuous voter registration with privacy safeguards.
Technology and resultsCounting and transmission devices used with fragmented verification rules.Paper as the legal original, complete manual counting, published station forms, at least 10% auditing, and controls on source code and suppliers.
DisputesMultiple stages and deadlines that may be unclear to voters and contestants.Uniform deadlines, published decisions and proportionality standards for cancelling votes and rerunning polls.

The bill does not assume Iraq's problem is purely technical. Trust is also lost when rules change close to polling day, the public cannot recalculate results from station level, spending rules cannot be monitored, or eligibility depends on conditions not directly related to sound representative functions. Reform therefore combines law, institutions, data, technology and the judiciary.

Proposed legislative policy

The document chooses reform practicable within the present constitutional structure, rather than a highly complex experimental electoral system. The governorate remains the principal parliamentary constituency and lists remain open, but original Sainte-Laguë replaces the 1.7 divisor to reduce mathematical bias towards large lists without introducing an artificial national threshold. Individual candidacy remains available, and preferential votes cannot become merely a closed party ranking.

The Commission's Board retains the judicial model established after the crisis of confidence in administration of the 2018 elections. Abrupt replacement with political quotas would revive the problem the 2019 Law sought to overcome. The bill instead addresses institutional weaknesses: the Board does not run daily operations, its term cannot be extended indefinitely, and executive administration becomes professional and stable even when Board members change.

The bill is not opposed to automation. It makes technology auditable: electronic verification, automated counting and rapid transmission are permitted, but no opaque result may lack an independently verifiable source. Every final number must trace back to a station form, paper ballot, chain of custody and amendment log.

Text of the bill

Statement of reasons

To guarantee citizens' exercise of their political rights under Article (20) of the Constitution; implement Articles (49), (56), (93) and (102); align the number of Council of Representatives members with the population criterion following announcement of the final results of the 2024 General Population and Housing Census; achieve fairer and more stable representation; organise the Independent High Electoral Commission on the principles of independence, impartiality and professionalism; strengthen the integrity of voter registration, voting, counting, tabulation and announcement of results; establish effective guarantees of transparency and judicial oversight and prevent the use of public resources, vote buying and electronic manipulation; and consolidate fundamental provisions dispersed across several enactments into an integrated legal framework, this Law is enacted.

General Explanatory Memorandum

1. Why a Comprehensive Replacement Law?

Electoral rules have become dispersed across the amended election law, the amended Commission law and a series of regulations and instructions. Multiplicity is not inherently wrong, but substantive matters affecting political rights must remain in legislation rather than being altered by executive instructions. The Bill places eligibility, seat totals and allocation methods, Commission independence, voter registration, counting, appeals and technological safeguards in a single law, leaving operational details to instructions.

2. Seat Numbers after the 2024 Census

The Bill does not rely on a politically determined population estimate. The Ministry of Planning announced a final Iraqi population of 45,778,662. Applying the constitutional rule yields 457.786 seats, with the remainder exceeding fifty thousand rounded up to 458. To avoid a change close to an election, the Bill makes this total applicable only if a year has elapsed after the Law before the electoral timetable; otherwise, it applies in the following term. If a fixed ceiling on the number of representatives is desired in future, the safer course is an explicit constitutional amendment, rather than disregarding the constitutional formula through ordinary legislation.

3. Why the Original Sainte-Laguë Method?

The modified version beginning with 1.7 raises the effective barrier for small lists and independents. The original version is more mathematically neutral between lists, while constituency magnitude remains a natural constraint on excessive fragmentation. As the governorate is a multi-member constituency, the system preserves the local dimension and gives each list a share closer to its vote share.

4. Eligibility and Candidacy

The Bill lowers the candidacy age to 25 and removes a university degree as a legal requirement because Parliament is a body of political representation, not a profession requiring a uniform qualification. Qualifications remain disclosed to voters, while substantive disqualifications relating to corruption, crime, armed service and judicial office remain in place. This approach accords with the recommendations of the European Union mission, which called after the 2021 elections for the removal of unreasonable restrictions on the right to stand for election.

5. The Commission: Independence and Accountability

Article (102) makes the Commission independent and subject to Council of Representatives oversight. Oversight does not imply administrative subordination. The Bill therefore permits parliamentary hearings, financial auditing and discussion of the budget and reports, but prohibits Parliament or the Government from issuing orders concerning a candidate, complaint or result. It also prohibits open-ended political extensions, replacing them with a limited caretaker arrangement where a successor cannot be constituted on time.

6. Results That Can Be Reconstructed from Station Records

The central transparency test is whether an independent observer can start with the published images of station forms and arrive at the announced total. The Bill therefore requires publication of each station's data and form image and prohibits any amendment unconnected to a clear electronic log. This directly addresses the transparency problems in aggregation and announcement of results recorded by the European Union mission in 2021.

7. Technology without Surrendering Sovereignty to the Supplier

The Law addresses the most serious vulnerability in modern electoral systems: reliance on devices and software that the electoral administration cannot audit independently. It therefore requires code deposit, verification of software versions through digital hashes, a prohibition on sole supplier administrative accounts, and independent testing, while retaining paper ballots and manual counting as the legal reference.

8. Protection of Persons with Disabilities

The Bill does not tie voting rights to a broad concept of “capacity” that could automatically exclude persons with intellectual or psychosocial disabilities. It confines disenfranchisement to a specific judicial judgment and supports independent or assisted voting according to the voter's choice. This accords with Article (29) of the Convention on the Rights of Persons with Disabilities and international observations addressed to Iraq concerning political participation.

Alignment with Existing Legislation

Legislation Requiring Alignment after Enactment
LegislationAction
Council of Representatives, Governorate and District Council Elections Law No. 12 of 2018, as amendedRepeal and replacement by this Law, while preserving prior legal effects.
Independent High Electoral Commission Law No. 31 of 2019, as amendedRepeal while preserving the Commission's legal personality, employees and contracts.
Political Parties Law No. 36 of 2015Align campaign finance, donation, accounting and disclosure rules with POL-04 once enacted.
Governorates Not Incorporated into a Region Law No. 21 of 2008, as amendedAlign council membership numbers, qualifications and replacement provisions with the new local election rules.
Council of Representatives and its Formations Law and Rules of ProcedureAlign replacement, first-session and register provisions with the new seat total.
Data and Technology Crime LawsApply privacy and cybersecurity safeguards to voter databases and electoral systems without creating censorship of political opinion.

Transitional Provisions and Implementation Requirements

Within 30 days: Establish the legal and technical transition team and inventory regulations in force, contracts, assets and data centres.

Within 90 days: Publish the plan for transitioning from a separate electoral card to the unified national card, together with the data protection and digital chain-of-custody plan.

Within 180 days: Issue the core regulations covering voter registration, candidacy, campaigns and finance, polling and counting, technology, observers and agents, complaints and appeals, and electoral procurement.

One year before the first election: Publish the seat total, its population-based allocation and the calculation rule, and establish the substantive rules that may not be changed close to polling day.

Financial and Implementation Implications

The Bill does not put forward a falsely precise total cost, because expenditure depends on the date of the first election, the size of the Council of Representatives actually applied, and equipment and logistics contracts. Its effects should be separated into three categories. The first is the parliamentary impact: moving from 329 to 458 seats increases recurring expenditure associated with Council membership and its formations. This results from applying the constitutional formula following a new census, rather than from administrative expansion of the Commission. The Council of Representatives and Ministry of Finance must prepare a published standard cost per seat before the final vote on allocations for the term in which the new total will apply.

The second is the transitional electoral impact: updating systems, integrating the register with the national card, cybersecurity auditing, staff training, publishing station results and expanding manual auditing. A substantial share can be financed by redirecting expenditure on the separate electoral card and reducing parallel systems once integration with national identity is complete.

The third is the cost of preventive integrity measures: code deposit, independent auditing, secure storage, data publication and the internal integrity unit. These items should be measured against the costs of repeat polling, disputes and lost confidence, rather than treated as cosmetic additions. The Law requires the Commission to present, before each electoral cycle, a detailed electoral budget by function and contract, compared with actual expenditure in the previous cycle.

Relevant Standards and Comparisons

The Bill rests on recognised principles of democratic elections: universal, equal, free and secret suffrage, independent administration, effective judicial remedies and stability of fundamental rules. The Venice Commission's Code recommends that fundamental elements of electoral systems, electoral commission membership and constituency boundaries should not be changed during the year preceding an election, as reflected in Article (5) of the Bill. United Nations Human Rights Committee General Comment No. (25) also establishes that Article (25) of the Covenant requires a genuine opportunity for citizens to vote and stand for election without unreasonable restrictions.

The European Union Election Observation Mission to Iraq in 2021 found the elections technically well managed and generally competitive, but recorded problems concerning restrictions on electoral rights, unregulated spending, transparency of aggregation and results, and the limits and deadlines of dispute resolution. The Bill therefore preserves the structures that worked and focuses on weaknesses amenable to legislative and measurable remedies.

Sources and references

  1. Constitution of the Republic of Iraq, 2005 — Iraqi Council of Representatives
  2. Iraqi Official Gazette, Issue 4718, 8 May 2023 — Law No. 4 of 2023, Third Amendment to the Council of Representatives, Governorate and District Council Elections Law No. 12 of 2018
  3. Ministry of Justice — Announcement of Issue 4718 and Law No. 4 of 2023
  4. Iraqi Council of Representatives — Laws and Legislation Search Database
  5. Independent High Electoral Commission — Commission Law No. 31 of 2019
  6. Ministry of Justice — Publication of Issue 4752 containing Law No. 34 of 2023, First Amendment to the Commission Law
  7. Iraqi Council of Representatives — Law No. 13 of 2024, Second Amendment to the Independent High Electoral Commission Law No. 31 of 2019
  8. Council of Representatives — Minutes of the 13 January 2025 Session Extending the Board of Commissioners' Term
  9. Independent High Electoral Commission — Regulations and Instructions for the Iraqi Council of Representatives Elections, 2025
  10. Independent High Electoral Commission — Final Results of the Iraqi Council of Representatives Elections, 2025
  11. Independent High Electoral Commission — Federal Supreme Court Ratification of the Final Council of Representatives Election Results, 2025
  12. Independent High Electoral Commission — Tests of Voting with the Unified National Card, 28 September 2026
  13. Federal Supreme Court — Decision 73 and Consolidated Cases/Federal/2023 concerning Challenges to the Election Law
  14. Ministry of Planning — Final Results of the 2024 General Population and Housing Census, Announced on 26 November 2025
  15. Iraqi Council of Representatives — Text of Federal Supreme Court Decision No. 35/Federal/2017 on the Interpretation of Article 49/First of the Constitution
  16. Ministry of Justice — Iraqi Official Gazette, Issue 4824, containing Halabja Governorate Establishment Law No. 7 of 2025
  17. Ministry of Justice — Iraqi Official Gazette, Issue 4825, containing Presidential Decree No. 21 of 2025 Establishing Halabja Governorate
  18. European Union Election Observation Mission to Iraq, 2021 — Final Report and Recommendations
  19. United Nations Human Rights Committee — General Comment No. 25 on Article 25 of the International Covenant on Civil and Political Rights
  20. Venice Commission — Code of Good Practice in Electoral Matters
  21. Office of the United Nations High Commissioner for Human Rights — Convention on the Rights of Persons with Disabilities, Article 29

Ali Zuweid's Political Programme · POL-03

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