December 9, 2009 December 9, 2009
Council approved the Presidency, in its meeting held on 9.12.2009, the law amending the election law No. (16) for the year 2005.
Read as follows:
""Name of the people
) Resolution No. (20)
Based on what passed the House of Representatives in accordance with the provisions of item (I) of Article (61) and the provisions of paragraph (b) of item (V) of Article (138) of the Constitution.
The Presidency Council decided in its meeting held on 9 / 12 / 2009
Version of the following law:
No. (26) for the year 2009
Act to amend the election law No. (16) for the year 2005
Article 1 - the provisions of Article (15) of the Act and replace it with the following:
First: The House of Representatives consists of a number of seats by one seat per one hundred thousand people, according to statistics of the Ministry of Commerce of the provinces in 2005 to be added to the population growth rate (2.8%) each province annually.
Second: Iraqis vote wherever they are the lists of their provinces or their candidates to include voting outside Iraq, the vote of the controls.
III: Granted the following components share (quota) is calculated from the seats reserved for maintaining that does not affect the percentage in the case of their participation in the national lists, as follows:
. A - Christian component five seats are distributed to the governorates of Baghdad, Nineveh, Kirkuk, Dohuk and Erbil.
B - component Yezidi one seat in the province of Nineveh.
C - the component Sabian Mandaeans one seat in the province of Baghdad.
D - the component web of one seat in the province of Nineveh.
Fourth: A proportion (5%) of the compensatory seats Kmhad distributed to lists of seats won by them.
Fifth: The seats are allocated by the quota for Christians within a single electoral constituency.
. Article 2 - are each province according to the limits of official administrative constituencies, and one specializes in a number of seats proportional to population of the province according to the latest statistics approved for the ration card.
Article 3 - canceled materials (9, 10, 11 and 16) and replace them with the following:
First: the nomination in a manner open list no fewer than three candidates in not more than twice the seats allocated to the constituency are entitled to vote on the voters list, or one of the candidates and the nomination may be individual.
Second: The pool of valid votes obtained by the list in the constituency and dividing the electoral denominator to determine the number of seats allocated to that list.
Third: The seats will be distributed to re-sequence candidates based on the number of votes obtained by each of them and be the first winner who gets the highest votes, and so for the rest of the candidates must be a minimum proportion of women than a quarter of the winners in the case of a tie vote in a single list of candidates is to resort to drawing lots.
. Fourth: The seats shall be filled by the winner of the lists obtained a number of seats in proportion to what I got from the vote.
Article 4 - Voting and includes:
. First: military employees of the Ministry of Defense and Interior and all other security institutions and be a way to vote in accordance with the special procedures established by the Independent Higher Commission for Elections and rely on some official lists containing the names, locations and agencies shall do so by the above period of not less than (60) days from the date of the elections, and building it struck from the voter
If you do not send the lists mentioned vote SUPPLIERS associate of ministries and agencies above under universal suffrage in accordance with the voter register.
Second: the inmates and detainees, detainees and depends on their votes on the procedures established by the Electoral Commission for elections based on lists provided by the Ministries of Justice and Interior during a period of not less than (30) days before polling day.
III: patients in hospitals and other clinics and be based on lists provided by these agencies and by direct universal suffrage in accordance with the procedures established by the Electoral Commission for elections.
IV: Displaced vote:
A - voter Diaspora: It is the Iraqi who was forcibly migrated from the place of permanent residence elsewhere in Iraq after 9/4/2003 for any reason.
. B - the method of displaced people vote according to the latest official statistics supplied by the Electoral Commission for elections, the Ministry of Displacement and Migration, trade, which displaced the right to vote for the Chamber that abandonment of which had not been transferred to maintain the ration card, which abandoned it.
Fifth: the Office of the Independent High Electoral power to put your own vote abroad.
Article 5 - First: The provisions of the articles contained in Chapter VI and Chapter VII of the Law No. (36) for the year 2008 on the election of members of the House of Representatives.
Second: The candidate shall be entitled to demand from the Commission in the province to provide him with the number of votes obtained.
Third: A member of the House of Representatives access to information relating to the electoral process and models of counting and sorting the various constituencies.
Article 6 - First: Elections in Kirkuk and provincial questionable records on the scheduled date exception.
Second: Governorates of doubtful records that exceeded the population growth rate of more than (5%) per year to submit a request to question than fifty deputies at least be approved by the House of Representatives by simple majority.
Third: the House Committee members to Kirkuk province and each province of dubious records consist of representatives of the components of that province and a representative member of each of the Ministry of Planning, Interior and Commerce and the Electoral Commission for elections and with the help of the United Nations to review and check the error and the increase in voter registration, and according to official data and the criteria set in the final clauses and Article II of this law to correct the voter to complete its work within one year of work.
Fourth: To not considered the results of the elections in Kirkuk province or any province of dubious records before the completion of the process of checking the electoral register as a basis for any future electoral process or a precedent for any political or administrative.
Article 7 - adopt the following criteria as a basis for the implementation of the provisions contained in Article VI.
First: determine the difference between the number registered in the register of 2004, before the update and the number registered in the 2010 election.
Second: The place of the audit process for the difference in the first additions to the above and in the years (2009,2008,2007,2006,2005,2004) focusing on the following:
1- - additions population (births, deaths, record transfer of the province) for the period 2004-2009.
2 - according to the deportees returned the official records.
3- any other population changes during this period.
Third: adopt the audit process to determine the health of the restrictions and legality and illegal cases and calculated the number of differences and Maimthelh of the seats.
Fourth: The number of members of the House of Representatives who represents the province of Kirkuk, or doubtful, which is determined through the ratio of the population to be adopted by the Board after deducting the number of seats resulting from the violations.
Fifth: The numbers on the owners to maintain the correct record numbers emerging for the maintenance of national quota.
. Article 8 - First: Cancels any provision inconsistent with the provisions of this law.
Second: This law shall be the date of ratification and be published in the Official Gazette.
Tareq al-Hashemi, Adel Abdul Mahdi, Jalal Talabani
Vice President Vice President President of the Republic
For the purpose of holding free, democratic and fair elections in Iraq, these elections in order to raise the level required in accordance with approved international standards and popular demands, initiated this law.
Just for you MrsCK