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Elections in Iraq September 21 Iraqi Kurdistan Region Parliamentary Elections Frequently Asked Questions Middle East and North Africa International Foundation for Electoral Systems 1850 K Street, NW | Fifth Floor | Washington, D.C. 20006 | www.IFES.org September 20, 2013 Frequently Asked Questions Who will residents of the Iraqi Kurdistan Region elect on September 21, 2013? ........................................ 1 What is the electoral system to be used in this election? ............................................................................ 1 What is the Iraqi Kurdistan Region Parliament? What is its mandate? ........................................................ 1 What is the legal framework for this election? ............................................................................................ 2 Who is eligible to vote?................................................................................................................................. 2 Who can be a candidate? .............................................................................................................................. 2 How is the election administration structured? ........................................................................................... 3 How was voter registration conducted? How were polling stations allocated to voters? ........................... 3 Who registered as a candidate? ................................................................................................................... 4 What are the rules on campaigning? ............................................................................................................ 4 What rules should media follow during the electoral campaign? ................................................................ 5 Where can one find information about the elections? ................................................................................ 5 What are the basic rules for Election Day? ................................................................................................... 5 What are the types of polling centers and stations? .................................................................................... 6 How many poll workers are in the polling station and what are their duties? ............................................ 7 When will polling stations be set up? ........................................................................................................... 7 What are the poll workers’ first duties on Election Day? ............................................................................. 7 What are the steps for voting? ..................................................................................................................... 8 What will the ballot paper look like? ............................................................................................................ 9 Who can be assisted to cast their votes? ..................................................................................................... 9 When will counting take place? .................................................................................................................. 10 Who will count the votes? .......................................................................................................................... 10 Will election results be publicly displayed? When will election results be announced? ........................... 10 Who will monitor the Iraq Kurdistan Region parliamentary elections? ..................................................... 10 What are electoral offenses? ...................................................................................................................... 11 What is the role of the Iraqi judiciary in the electoral process? How will disputes be adjudicated?......... 11 Resources .................................................................................................................................................... 13 Disclosure: These FAQs reflect decisions made by the Iraqi elections authorities as of September 20, 2013, to the best of our knowledge. This document does not represent any IFES policy or technical recommendations. Elections in Iraq: September 21 Kurdistan Region Parliamentary Elections Frequently Asked Questions Who will residents of the Iraqi Kurdistan Region elect on September 21, 2013? On May 23, 2013, the Kurdistan Regional Government announced that Iraqi Kurdistan Region parliamentary elections would be held on September 21, 2013. Residents of this region will elect representatives to replace members of parliament elected in 2009. The elections will be held in three governorates of the Iraqi Kurdistan Region: Sulaymaniyah, Erbil and Dahuk. One-hundred and eleven parliament seats will be up for election in an open list system. This means a voter can select a specific political entity and a candidate from the list, or just a political entity. Article 10 of Iraqi Kurdistan Region Presidency Law No. 1 of 2005 stipulates the Iraqi Kurdistan Region President will call the Parliament of Kurdistan to convene its first session within 10 days from the announcement of final results. During this first session, the Iraqi Kurdistan Region Parliament will elect the Speaker, Deputy Speaker and Secretary by a vast majority vote of members. What is the electoral system to be used in this election? An open list system will be used in this election. This means a voter may select both a political entity and a specific candidate within a list, or a political entity only. Seat allocation uses the electoral divider method with the remainder of seats awarded to the highest winning party. A "political entity" is defined as one of the following: A party registered under the Parties Law of the Iraqi Kurdistan Region No. 17 of 1993 (as amended), which is presenting a list of candidates for election An individual entity, such as an independent candidate A combination of the two aforementioned entities, such as a coalition of two or more political parties or individuals presenting a unified list of candidates for election The law also stipulates specific seats for minority components: five seats are allocated to Chaldean, Syrian, and/or Assyrian candidates; five seats to Turkmen; and one seat to Armenians. What is the Iraqi Kurdistan Region Parliament? What is its mandate? Kurdistan, also known as the Kurdistan Region or Iraqi Kurdistan, is an autonomous region of northern Iraq. The Iraqi Kurdistan Region Parliament is the governing body of Iraqi Kurdistan. The parliament is made of representatives from various parties and lists elected every four years. It is a 111-member unicameral body; 11 seats are reserved for non-Kurdish minority communities of the Iraqi Kurdistan Region. Parliament holds two sessions per year, each spanning four months. According to Article 121 of the Iraqi Constitution, the Iraqi Kurdistan Region Parliament has the right to exercise legislative powers in accordance with provisions of the Iraqi Constitution, with the exception of exclusive competencies of federal authorities of Iraq. It has the right to issue regional legislation, elect the regional Prime Minister and approve the regional budget, among others. Page 1 of 13 Elections in Iraq: September 21 Kurdistan Region Parliamentary Elections Frequently Asked Questions Law proposals and bills are initiated by the Regional Council of Ministries, or an endorsement from 10 individual members of parliament. Proposals are then voted on and eventually sent to the President of the Iraqi Kurdistan Region for ratification. What is the legal framework for this election? The Iraqi Kurdistan Region parliamentary elections are governed by amended Law No. 1 of 1992 – Law of Iraqi Kurdistan Region Parliamentary Elections. This law outlines basic functions and the term of parliament. Throughout 2013, the law was subject to parliamentary review and was amended seven times. The amendments dealt with several issues, including the structure of the electoral system, adding 11 seats for minority constituents, the status of the Iraqi Kurdistan Region as one constituency and the seat allocation formula. Additionally, the Independent High Electoral Commission issued regulations pertaining to the 2013 electoral process. Who is eligible to vote? To qualify to vote, an Iraqi needs to prove that he or she is: An Iraqi Kurdistan Region citizen at least 18 years of age in the year of the election Legally qualified to register to vote Listed in the voter register The legal qualification criterion requires a person is of sound mind (not ruled by a court as mentally incompetent) and has not been convicted of a crime. A crime is categorized as an action punishable by more than five years of imprisonment. Who can be a candidate? Candidate eligibility is established in amended Law No. 1 of 1992 – Law of Iraqi Kurdistan Region Parliamentary Elections. Eligibility criteria stipulate that a candidate must be an Iraqi citizen who lives in the Iraqi Kurdistan Region and is at least 25 years old. He or she must be able to read and write fluently; have a good moral reputation; and have never been convicted of a crime of “moral turpitude and integrity.” Further, the candidate must have never been convicted or imprisoned due to murder or theft. He or she must not have participated in crimes that were planned and executed by suppressive authorities in the Iraqi Kurdistan Region. The Iraqi Kurdistan Region Ministry of Interior (MoI)