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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
b . No, existing regional/provincial/other boundaries are used
Comments: House of Representatives consists of(328) three hundred and twenty-eight seats are distributed (320) three hundred and twenty seats to the provinces, according to border management in accordance with the schedule attached law shall be eight (8) seats of which the share (quota) for the components.
Source: Electoral Law of the Iraqi Parliament, Article 11(1): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Verified: 2018/04/15
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
d . Conformity with local jurisdiction boundaries
Comments: House of Representatives consists of(328) three hundred and twenty-eight seats are distributed (320) three hundred and twenty seats to the provinces, according to border management in accordance with the schedule attached law shall be eight (8) seats of which the share (quota) for the components.
Source: Electoral Law of the Iraqi Parliament, Article 11(1): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Verified: 2018/04/15
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
a . Legislature (1st chamber)
Comments:
Source: Electoral Law of the Iraqi Parliament, Article 11(1): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Verified: 2018/04/15
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
d . Indirectly elected by legislature
Comments: The Council of Representatives elects the President by a two-thirds majority of the number of its members.
Source: Iraqi Constitution, Articles 61(3) & 70: http://aceproject.org/ero-en/regions/mideast/IQ/Full%20Text%20of%20Iraqi%20Constitution.pdf/view
Verified: 2018/04/15
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
d . Leader of the party which forms the government becomes Head of Government
Comments: The President of the Republic shall charge the nominee of the largest Council of Representatives bloc with the formation of the Council of Ministers within fifteen days from the date of the election of the President of the Republic.
Source: Iraqi Constitution, Article 76(1):http://aceproject.org/ero-en/regions/mideast/IQ/Full%20Text%20of%20Iraqi%20Constitution.pdf/view
Verified: 2018/04/15
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: The President of the Republic is the Head of the State and a symbol of the unity of the country and represents the sovereignty of the country. He shall guarantee the commitment to the Constitution and the preservation of Iraq’s independence,
sovereignty, unity, and the safety of its territories, in accordance with the provisions of the Constitution.
Source: Iraqi Constitution, Articles 61(3), 67 - 75: http://aceproject.org/ero-en/regions/mideast/IQ/Full%20Text%20of%20Iraqi%20Constitution.pdf/view
Verified: 2018/04/15
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments:
Source: Iraqi Constitution, Article 49: http://aceproject.org/ero-en/regions/mideast/IQ/Full%20Text%20of%20Iraqi%20Constitution.pdf/view
Verified: 2018/04/15
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
g . List Proportional Representation
Comments:
Source: Electoral Law of the Iraqi Parliament, Article 12: http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Verified: 2018/04/15
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
b . Separate legislation
Comments:
Source: Electoral Law of the Iraqi Parliament: http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Verified: 2018/04/15
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments:
Source: Richard John, Chief of Party, IFES - International Election Assistance Team Program
Verified: 2007/01/24
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
Comments:
Source: Electoral Law of the Iraqi Parliament, Articles 1 & 2(1): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Verified: 2018/04/15
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source: Iraqi Constitution, Article 20: http://aceproject.org/ero-en/regions/mideast/IQ/Full%20Text%20of%20Iraqi%20Constitution.pdf/view
Verified: 2018/04/15
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB
Comments: b) The Independent High Electoral Commission of Iraq
Source: Regulation on Complaints and Appeal, Section 2(1): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-regulation-no.-16-complaints-and-appeal-2009/view
Rules of Procedures of the Board of Commissioners, Article 2(3h): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-rules-of-procedure-of-the-board-of/view
Verified: 2018/04/15
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level b . Regional level c . Local level
Comments:
Source: Regulation on the Rules of Procedures of the Board of Commissioners, Section 2(1): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-rules-of-procedure-of-the-board-of/view
Verified: 2018/04/15
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
d . A national government department g . Other
Comments: "The Council of Ministers and the Ministry of Finance disbursement of funds allocated for the elections to the Electoral Commission for elections within (15) fifteen days from the date of appointment ballot."
Source: Electoral Law of the Iraqi Parliament, Article 44: http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Verified: 2018/04/15
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
g . Other
Comments: The EMB
"financial Authorities is used as explained below:-
a .Up to 50,000,000(fifty million Dinars) or its equivalent to its exchange rate in Dollar according to the exchange price with approval of the CEO and his/her signature with two authorized persons from the GEO.
b .Expenditures More than 50,000,000(fifty million Dinars),and up to 350,000,000 Dinars or its equivalent to
dollar exchange rate by the acceptance and signature of a used financial committee members of the BOC except the amount of the check related to salaries and polling staff wages, regardless of the amount.
c .More than 50,000,000(fifty million Dinars) or its equivalent to its exchange rate in Dollar, needs the approval of the Board and the signature of the financial committee on the checks.
d . Financial committee is composed of six authorized members of the BOC, even with the attendance of three members the, quorum achieved in all cases.
e . Signing checks requires the signatures of three authorized commissioners all together.
Source: Regulation on the Rules of Procedures of the Board of Commissioners, 11(5): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-rules-of-procedure-of-the-board-of/view
Verified: 2018/04/15
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
c . For an unspecified period
Comments: "Membership of the BOC is terminated in the following cases:- a Death. b Resignation. c Removal. d If a member of the BOC is convicted of a dishonoring crime."
Source: Regulation on the Rules of Procedures of the Board of Commissioners, 12: http://aceproject.org/ero-en/regions/mideast/IQ/iraq-rules-of-procedure-of-the-board-of/view
Verified: 2018/04/15
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: The Independent High Electoral Commission is considered independent and is subject to monitoring by the Council of Representatives.
Source: Iraqi Constitution, Article 102: http://aceproject.org/ero-en/regions/mideast/IQ/Full%20Text%20of%20Iraqi%20Constitution.pdf/view
Verified: 2018/04/15
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: There are 9 members: 8 permanent election Commissioners and 1 Chief Electoral Officer.
Source: Regulation on the Rules of Procedures of the Board of Commissioners, 12: http://aceproject.org/ero-en/regions/mideast/IQ/iraq-rules-of-procedure-of-the-board-of/view
Verified: 2018/04/15
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: Candidates for the membership of the Board of Commissioners must fulfill the following:
1. Must be an Iraqi citizen residing permanently in Iraq
2. Must have at least a first university degree
3. Must not be less than thirty five years old.
4. Must be of good behaviour
5. Must be competent and experienced in the field of administrative work.
6. Must be politically independent
7. Must not be covered by the De-Ba'thification law, and must not have enriched himself on the account of public money or committed a crime against the Iraqi people or be affiliated to a repressive apparatus.
8. Must not have been convicted of a dishonorable crime.
Source: Law of the Independent High Electoral Commission, Section 3(2): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-law-of-the-independent-high-electoral/view
Verified: 2018/04/15
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
e . Legislature
Comments: The Commissioners are selected by the Council of Representatives.
Source: Law of the Independent High Electoral Commission, Section 3(1): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-law-of-the-independent-high-electoral/view
Verified: 2018/04/15
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body g . NGOs/ Civic Organizations
Comments: "UNHCR preparation and updating of the voter register primary in cooperation and coordination with the UNHCR offices in the region and the provinces."
Source: The Independent High Electoral Commission: http://aceproject.org/regions-en/countries-and-territories/IQ/links/the-independent-high-electoral-commission/?searchterm=The%20Independent%20high%20electoral%20Commission
Electoral Law of the Iraqi Parliament, Article 16(2): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Verified: 2018/04/15
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
b . Election time only
Comments:
Source: Electoral Law of the Iraqi Parliament, Article 16(2): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
IFES Program in Iraq Reaches Underrepresented Populations: http://aceproject.org/regions-en/countries-and-territories/IQ/links/iraq-ifes-program-in-iraq-reaches-underrepresented/view
Verified: 2018/04/15
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
m . No information available
Comments:
Source:
Verified: 2018/04/15
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: Voters must be 18 old in the year in which the elections are held.
Source: Electoral Law of the Iraqi Parliament, Article 5(3): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Verified: 2018/04/19
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship e . Other
Comments: The voter must be:
First - Iraqi citizenship.
Second - Full eligibility.
Thirdly - completed eighteen years of age in the year in which the election.
Fourthly - registered in the voters' register in accordance with the provisions of this Act and the regulations and procedures issued by the Commission.
Source: Electoral Law of the Iraqi Parliament, Article 5: http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Verified: 2018/04/19
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: The Independent High Electoral Commission
Source: Voter Registration Update, Exhibition and Challenges For the Iraq Council of Representatives Election Regulation, Article 3: http://aceproject.org/ero-en/regions/mideast/IQ/voter-registration-update-exhibition-and/view
Verified: 2018/04/19
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments:
Source: Electoral Law of the Iraqi Parliament, Article 5(4): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Regulation No. 18, Voting, Counting and Sorting, 3(1):http://aceproject.org/ero-en/regions/mideast/IQ/iraq-regulation-no.-18-voting-counting-and-sorting/view
Verified: 2018/04/19
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
e . Minimum number of candidates f . Other
Comments: In order to participate in the elections, a PE (political party or
organization, individual PE, or coalition) may submit an
application for certification to the IHEC, on the condition of
meeting the conditions stipulated in this regulation.
Source: Electoral Law of the Iraqi Parliament, Articles 13 & 14: http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Certification of Political Entities and Coalitions, for The Iraqi Parliamentary Elections, Part 2: http://aceproject.org/ero-en/regions/mideast/IQ/iraq-certification-of-political-entities-and/view
Verified: 2018/04/19
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
g . No information available
Comments:
Source: Richard John, Chief of Party, IFES - International Election Assistance Team Program
Verified: 2007/01/24
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship f . Registration h . Minimum level of education j . Other
Comments: A candidate for membership of the House of Representatives to add the requirements that must be provided in the voter as follows:
First - that at least the age of thirty (30) years at the nomination.
Second - make it clear that the law covered by the Accountability and Justice Commission or any other law replaced.
Third - if the good conduct and not convicted of a crime involving moral turpitude.
Fourth - that have obtained a certificate Preparatory minimum or equivalent.
Fifthly - must not have been illegally enriched at the expense of the nation or public money.
Source: Electoral Law of the Iraqi Parliament, Article 8: http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Verified: 2018/04/19
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
k . No information available
Comments:
Source: Richard John, Chief of Party, IFES - International Election Assistance Team Program
Verified: 2007/01/24
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
c . Criminal record f . Holding of military office o . Other
Comments: c) Must not have been convicted of a crime that violates honour.
f) Must not be a member of the armed forces upon the candidate's nomination.
o) The candidate must not be covered by the Iraqi De-Ba’athification law; must not have enriched himself illegally at the expense of the state or with public funds; and must be known for his good conduct.
Source: Richard John, Chief of Party, IFES - International Election Assistance Team Program
Verified: 2007/01/24
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1)
Comments:
Source: Certification of Political Entities and Coalitions, for The Iraqi Parliamentary Elections, Article 2: http://aceproject.org/ero-en/regions/mideast/IQ/iraq-certification-of-political-entities-and/view
Electoral Law of the Iraqi Parliament, Article 8: http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Verified: 2018/04/19
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
a . Signature requirement (specify) b . Deposit requirement (specify)
Comments: a) Signature and data requirements: the names, dates and places of birth, addresses, signatures, personal stamps or thumbprints, of no fewer than five hundred (500) persons who are eligible to vote and have not signed in support of another political entity, together with the numbers and dates of their nationality certificates.
b) Deposit requirement: an individual seeking certification as a political entity will pay 2.5 million Iraqi Dinars as a deposit, and a group seeking certification as a political entity will pay 7.5 million Iraqi Dinars as a deposit.
Source: Richard John, Chief of Party, IFES - International Election Assistance Team Program
Verified: 2007/01/24
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
e . No information available
Comments:
Source:
Verified: 2018/04/19
PC015
Question: What is the basis of the public funding?
Answer(s):
f . No information available
Comments:
Source:
Verified: 2018/04/19
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Limit for how much money can be used for the electoral campaign of a candidate: Non-citizens/foreign people are not allowed to contribute
Source: Regulation No. 1, Organizing Expenditure on the Electoral Campaigns, Article 3: http://aceproject.org/ero-en/regions/mideast/IQ/regulation-no.-1-organizing-expenditure-on-the/view
Verified: 2018/04/19
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: The counting process and completing its forms will be conducted after concluding the polling process at each polling station.
Source: Regulation No. 18, Voting, Counting and Sorting, 5(1):http://aceproject.org/ero-en/regions/mideast/IQ/iraq-regulation-no.-18-voting-counting-and-sorting/view
Electoral Law of the Iraqi Parliament, Article 38: http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Verified: 2018/04/19
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
f . Other
Comments: The Board of the Independent High Electoral Commission has the right to issue an order to recount and sort the ballot papers and count the votes of a particular center, or take any other suitable measure any time prior to results certification.
Source: Electoral Law of the Iraqi Parliament, Article 38: http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Verified: 2018/04/19
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
h . No information available
Comments:
Source:
Verified: 2018/04/19
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
d . No information available
Comments:
Source:
Verified: 2018/04/19
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
a . 1 day
Comments: The electoral campaign must stop 24 hours prior to the time of opening the polling centers.
Source: Electoral Law of the Iraqi Parliament, Article 21: http://aceproject.org/ero-en/regions/mideast/IQ/iraq-electoral-law-of-the-iraqi-parliament-2013/view
Regulation No. 19, Media Campaign, Section 2(1): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-regulation-no.-19-media-campaign-2009/view
Verified: 2018/04/19
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments: There are no specific legal provisions in this regard.
Source:
Verified: 2018/04/19
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments:
Source: Iraqi Constitution, Articles 126 (2, 3, 4,), 131, & 142 (3, 4): http://aceproject.org/ero-en/regions/mideast/IQ/Full%20Text%20of%20Iraqi%20Constitution.pdf/view
Verified: 2018/04/19
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: The fundamental principles enshrined in the Constitution may not be amended except after two successive electoral terms, with the approval of two-thirds of the members of the Council of Representatives, the approval of the people in a general referendum, and the ratification by the President of the Republic within seven days.
Articles of the Constitution may not be amended if such amendment takes away from the powers of the regions that are not within the exclusive powers of the federal authorities, except by the approval of the legislative authority of the concerned region and the approval of the majority of its citizens in a general referendum.
Source: Iraqi Constitution, Articles 126 (2, 3, 4,), 131, & 142 (3, 4): http://aceproject.org/ero-en/regions/mideast/IQ/Full%20Text%20of%20Iraqi%20Constitution.pdf/view
Verified: 2018/04/19
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
b . No
Comments:
Source: Iraqi Constitution, Articles 126 (2, 3, 4,), 131, & 142 (3, 4): http://parliament.iq/manshurat/dastoreng.pdf (2012)
Verified: 2018/04/19
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Iraqi Constitution, Articles 126 (2, 3, 4,), 131, & 142 (3, 4): http://aceproject.org/ero-en/regions/mideast/IQ/Full%20Text%20of%20Iraqi%20Constitution.pdf/view
Verified: 2018/04/19
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Iraqi Constitution, Articles 126 (2, 3, 4,), 131, & 142 (3, 4): http://aceproject.org/ero-en/regions/mideast/IQ/Full%20Text%20of%20Iraqi%20Constitution.pdf/view
Verified: 2018/04/19
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Iraqi Constitution, Articles 126 (2, 3, 4,), 131, & 142 (3, 4): http://aceproject.org/ero-en/regions/mideast/IQ/Full%20Text%20of%20Iraqi%20Constitution.pdf/view
Verified: 2018/04/19
DD008
Question: What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
a . Constitutional
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD010
Question: What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
a . Constitutional
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD101
Question: What restrictions, if any, are there in relation to signature collection for a recall?
Answer(s):
f . Not applicable
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD105
Question: Who is responsible for checking the signatures?
Answer(s):
a . Agency/department responsible for the administration of direct democracy mechanisms c . Local authorities
Comments: EMB either at national or local leve
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD106
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a referendum?
Answer(s):
a . Agency/department responsible for the administration of direct democracy mechanisms
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD107
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in an initiative?
Answer(s):
a . Agency/department responsible for the administration of direct democracy mechanisms
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD108
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a recall?
Answer(s):
g . Not applicable
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD109
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a referendum?
Answer(s):
a . Information booklets b . Leaflets and pamphlets c . Radio broadcasts d . TV broadcasts e . Press advertisements f . Website g . Other(specify)
Comments: g) Information in mosques
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD112
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a referendum?
Answer(s):
g . None
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD115
Question: What is the period during which these controls apply for a referendum?
Answer:
a . Fixed time period (specify)
Comments:
Source: IECI Regulations 2005
Verified: 2007/01/03
DD118
Question: Which campaigners, if any, are entitled to some forms of public assistance for a referendum? Specify in the "Comments" section below.
Answer(s):
d . No campaign organisations
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD119
Question: Which campaigners, if any, are entitled to some forms of public assistance for an initiative? Specify in the "Comments" section below.
Answer(s):
d . No campaign organisations
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD120
Question: Which campaigners, if any, are entitled to some forms of public assistance for a recall? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD121
Question: Which forms of public assistance, if any, are provided for a referendum? Specify in the "Comments" section below.
Answer(s):
f . None
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD122
Question: Which forms of public assistance, if any, are provided for an initiative? Specify in the "Comments" section below.
Answer(s):
f . None
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD125
Question: Is the government permitted to campaign either in favour of or against any specific outcome to a referendum, initiatives or recall vote?
Answer(s):
b . No
Comments: Although there were complaints against the use of public resources in support of the constitutional draft
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD015
Question: Who is responsible for managing the administration of direct democracy mechanisms at the national level?
Answer(s):
b . Independent electoral commission
Comments: Independent High Electoral Council will, in all likelyhood retain its central role (legislation/policy/adjudication of complaints/oversight body) although the administration of local referenda (e.g. on the creation of regions) may end up being managed at governorate (provincial) level
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD016
Question: Does this agency/department also manage the administration of national elections?
Answer:
a . Yes
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
a . Yes, in all regions/states/provinces
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD019
Question: Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
a . Yes, in all regions/states/provinces
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
b . Yes, in some municipalities/districts/communes
Comments: Referenda on the status of Kirkuk and other disputes territories (Art.136.2)
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD025
Question: Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
b . Yes, in some municipalities/districts/communes
Comments: Referenda on the status of Kirkuk and other disputes territories (Art.136.2)
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
a . Constitutional amendments
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
k . None
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD029
Question: Which issues, if any, are excluded from being the subject of referendums at the national level?
Answer(s):
k . None
Comments: Exclusion is not specifically mentioned.
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD030
Question: Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
Answer(s):
b . Creation/merger/abolition of sub-national authorities d . Other (specify)
Comments: The adoption of other languages as official languages at local level
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD032
Question: Who is responsible for drafting the mandatory referendum question?
Answer(s):
d . Legislature
Comments: July 2005 being the only experience so far
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD036
Question: Which institution(s) decides on the final form of the ballot text for mandatory referendums?
Answer(s):
b . Independent electoral commission
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD040
Question: What are the requirements for mandatory referendums to pass?
Answer(s):
c . Double majority (simple majority overall plus simple majority in certain number of first tier authorities) (specify below)
Comments: For amendments to the constitution it is required the approval of 2/3 of Council of Representatives members prior to the referendum
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD041
Question: What are the requirements for optional referendums to pass?
Answer(s):
a . Simple majority (>50%)
Comments: For amendments to the constitution it is required the approval of 2/3 of Council of Representatives members prior to the referendum
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD042
Question: In which areas, if any, do regulatory provisions differ between a referendum and a national election? Tick all that apply and specify below in the comments section.
Answer(s):
d . Overseas voting
Comments: Overseas voting was not included in the referendum law
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
a . Always
Comments: Provided that other requirements in constitution are met
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
a . Constitutional amendments
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD047
Question: Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
Answer(s):
j . Other (specify)
Comments: The fundamental principles of the constitution (for 2 terms)
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD049
Question: Who may propose the registration of a citizens' initiative? Please specify in the "Comments" section below.
Answer(s):
a . A number of individuals
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD054
Question: Which, if any, of the following disqualify a proposed title of an initiative?
Answer(s):
c . Discriminatory or inflammatory statements
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD056
Question: Under what circumstances is an initiative checked for constitutionality or legality?
Answer(s):
b . A check only takes place if a challenge to the initiative is submitted
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD057
Question: If a check of the constitutionality or legality of an initiative takes place, who is responsible for undertaking it?
Answer(s):
e . Judiciary
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD058
Question: If a check of the constitutionality or legality of an initiative takes place, when does this happen?
Answer(s):
e . Other (specify)
Comments: Within time line specified by Supreme Court
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD063
Question: Who decides the final ballot text?
Answer(s):
c . Legislature
Comments: This was the case for the October 2005 referendum
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD064
Question: Once an initiative is qualified for the ballot, the vote on it takes place:
Answer:
a . Within a certain time limit (specify)
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD065
Question: Which of the following individuals/positions may be subject to the recall mechanism?
Answer(s):
k . Not applicable
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD066
Question: What are the grounds upon which a recall may be launched?
Answer(s):
g . Not applicable
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD068
Question: If a recall qualifies for the ballot, when is it put to the vote?
Answer:
d . Not applicable
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD069
Question: When does the election to replace an individual who has been recalled take place?
Answer:
c . Not applicable
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD071
Question: Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?
Answer:
c . Not applicable
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD080
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for an abrogative referendum (optional)?
Answer(s):
b . Signatories must be registered electors in a specific electoral district
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD082
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a citizens' initiative?
Answer(s):
b . Signatories must be registered electors in a specific electoral district
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD086
Question: What restrictions, if any, apply in relation to the individuals who can sign the proposal for a recall?
Answer(s):
e . Not applicable
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD091
Question: Where can proposals for a recall be signed?
Answer(s):
g . Not applicable
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD096
Question: What information must signatories provide when signing the proposal for a recall?
Answer(s):
e . Not applicable
Comments:
Source: Jose Maria Aranaz, Legal Advisor, UN-EAD
Verified: 2007/01/03
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments:
Source: Iraqi Constitution, Articles 126 (2, 3, 4,), 131, & 142 (3, 4): http://aceproject.org/ero-en/regions/mideast/IQ/Full%20Text%20of%20Iraqi%20Constitution.pdf/view
Verified: 2018/04/19
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
a . Constitutional changes only
Comments:
Source: Iraqi Constitution, Articles 126 (2, 3, 4,), & 142 (3, 4): http://aceproject.org/ero-en/regions/mideast/IQ/Full%20Text%20of%20Iraqi%20Constitution.pdf/view
Verified: 2018/04/19
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Each region or governorate may adopt any other local language as an additional official language if the majority of its population so decides in a general referendum.
In addition, one or more governorates shall have the right to organize into a region based on a request to be voted on in a referendum submitted in one of
the following two methods: 1) A request by one-third of the council members of each governorate intending to form a region. 2) A request by one-tenth of the voters in each of the governorates intending to form a region.
Source: Iraqi Constitution, Article 4(5), 119: http://aceproject.org/ero-en/regions/mideast/IQ/Full%20Text%20of%20Iraqi%20Constitution.pdf/view
Verified: 2018/04/19
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections d . At specially designated polling stations
Comments:
Source: Regulation No. 18, Voting, Counting and Sorting, 3(1):http://aceproject.org/ero-en/regions/mideast/IQ/iraq-regulation-no.-18-voting-counting-and-sorting/view
Verified: 2018/04/19
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country
Comments: b) Only allowed for parliamentary elections.
Source: Regulation No. 20, The System of Iraqi OCV of the Iraqi COR, Section 2: http://aceproject.org/ero-en/regions/mideast/IQ/iraq-regulation-no.-20-the-system-of-iraqi-ocv-of/view
Verified: 2018/04/19
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
c . Special polling stations
Comments:
Source: Regulation No. 20, The System of Iraqi OCV of the Iraqi COR, Section 2(2a): http://aceproject.org/ero-en/regions/mideast/IQ/iraq-regulation-no.-20-the-system-of-iraqi-ocv-of/view
Verified: 2018/04/19
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source: Regulation No. 18, Voting, Counting and Sorting, 4(2):http://aceproject.org/ero-en/regions/mideast/IQ/iraq-regulation-no.-18-voting-counting-and-sorting/view
Verified: 2018/04/19
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