Participation of Political Parties in the Elections

Published in 2014 by: Al Quds Center for Political Studies

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ISBN: 978-9957-427-30-6 Contents

Introduction �� 5

First: Constitutional Amendments �� 7 (1) Independent Electoral Commission �� 7 (2) Transfer of the competence to consider challenges to the validity of election victories of members of the Lower House to the judiciary �� 7 (3) Ordinary Electoral Law �� 8

Second: The New Electoral Law Number 25 of 2012: Rules and Applications �� 9 (1) Local districts �� 10 (2) Characteristics of the national lists �� 10 a- Type of list �� 10 b- Number of nominees in the national list �� 10 c- System of higher remainder �� 10 d- Ratio of deduction in the participating lists �� 12 (3) Local, regional and international monitoring of the elections �� 13 (4) Political money �� 17 (5) Financial disclosure �� 17

Third: Position of the political parties towards the new electoral law �� 19 (1) Opposition parties �� 19 (2) Moderate parties �� 20

Fourth: Impact of the electoral law on the participation of political parties in the elections �� 21 (1) Boycott of the Islamic Action Front and other political parties of the elections �� 21 (2) One vote and boycott of the elections �� 21 (3) Participation of political parties in the elections �� 23

Fifth: Results of the participation of political parties in the elections �� 25

Sixth: The view of the political parties of the effects of the electoral law and the distribution of seats on the representation of political parties �� 28 (1) Evaluation of the electoral law and the participation of political parties in the elections of 2013. �� 28 (2) View of the political parties of the development of the electoral law �� 32 Seventh: Orientations of the political parties towards developing the political parties Law of 2012 �� 37

References and Sources �� 40

Annexes �� 41 Introduction

This study seeks to explore the impact of the new electoral law of 2012, particularly insofar as the method of distributing the electoral seats between the electoral districts, on the representation of political parties in the Jordanian Lower House of Parliament. It is a known fact that the previous electoral laws since the adoption of the one vote system in 1993, used to have the effect of marginalizing the electoral standing of political parties, alongside reinforcing the effect of tribal, ethnic, familial and religious allegiances and loyalties, and the influence of financial capability on electoral influence.

Nevertheless, the adoption of the new electoral law of a mixed system combining between the vote of the local district and another vote for a closed relative list, in the shadow of better conditions at the level of the soundness and integrity of the electoral process provided by the constitutional amendments of 2011, was considered a development that may open the door for enhancing the parliamentary weight of political parties. However, the practical effects of the new electoral system were far short not only of ambitions, but also of the minimum expectations.

First: Constitutional Amendments

The most prominent constitutional amendments related to elections after which the new electoral law Number 25 of 2012 was promulgated were as follows:

(1) Independent Electoral Commission: One of the constitutional amendments related to elections stipulated in Article (67), the second paragraph1 to establish an independent commission by law which would oversee the parliamentary electoral process and would manage it in all its stages, while also overseeing any other elections to be decided by the Council of Ministers. Moreover, the law governing the formation and activity and jurisdiction of the Independent Electoral Commission2 was enacted on 9 April 2012. The said Law Number 11 of 2012 stipulates that the Commission possesses a juristic personality and financial and administrative independence. The Commission has a board of commissioners3 consisting of a chairman and four members to be appointed by royal decree for a non-renewable term of six years.

A committee chaired by the prime minister and with the membership of the Speaker of the Senate, Speaker of the Lower House, and the chairman of the judicial council is responsible for preparing a list of names suggested for being appointed to the council to be referred to the King. The board shall issue the executive instructions necessary for applying the provisions of the Law of the Commission and any regulations issued pursuant thereto (see Annex 1). Among the responsibilities of the Board is to issue a detailed report on every election in all its phases, and to refer it to the King, and to have it published (cited) in the Official Gazette.4

(2) Transfer of the competence to consider challenges to the validity of election victories of members of the Lower House to the judiciary The constitutional amendments of 2011 through Article 71 assigned to the judiciary represented by the Court of Appeal the right to adjudicate whether a member of parliament was validly elected, instead of the Lower House itself. The period for contesting the validity of the election of a member of parliament is 15 days, where

1 According to the amendment cited in the Official Gazette, Issue Number 5117, date 1/10/2011. 2 The Independent Electoral Commission Law, Official Gazette, Issue Number 5152, 9/4/2012. 3 A royal decree was issued appointing the board of commissioners of the Independent Electoral Commission on 6/5/2012 as follows: Mr. Abdel Ilah Al-Khatib, chairman, Mr. Riyadh AL-Shak`a member, Mr. Atef Al-Btoush, member, Mr. Muhammad Ali Al- Alawneh, member, Mr. Eid Al-Juway`ed, member. (Published in the Official Gazette, Issue Number 5158, on 16/5/2012). 4 The detailed report on the events of the elections 2013 was published in the Official Gazette, Issue No. 5221, on 5/5/2013.

8 the contesting elector, whether a candidate or not, must present his appeal to the Court of Appeal to which is affiliated his electoral district, indicating the reasons for challenging the validity of the election.

The Court of Appeal shall render its decisions within 30 days from the date of filing the appeal, and its decisions shall be final and irrevocable. The Court shall either dismiss the appeal or accept it in principle, and in such case it shall announce the name of the winning member of parliament. And in case it becomes evident to the court as a result of its considering the appeal presented to it that the election procedures in the district regarding which the appeal is made are not compliant with the provisions of the law, in such case it is authorized to render a decision invalidating the election in that district irrespective of the number of candidates.

During the period subsequent to announcing the final results of the parliamentary elections and publishing (citing) them in the Official Gazette on 29 January 2013, a total of 31 appeals were submitted challenging the validity of the elections to parliament. The results of the appeals were distributed as follows: 6.45% of the total cases were filed by the appellant after the expiry of the term of appeal, and accordingly it was obligatory to dismiss them because they are outside of the legal term, and 2.23% were withdrawn based on the request of the attorney of the appellant, and 87.10% were accepted in form but were dismissed in substance, and the number of appeals that were accepted in form and on merit were only 3.23%, that is one appeal, which was related to the sixth district in the Karak Governorate (Faqqou` province), and the court invalidated the local election.5

(3) Ordinary Electoral Law The new electoral law of 2012 is considered the first ordinary electoral law in the history of the Kingdom which is not enacted as a temporary law. And in view of the constitutional amendments of the year 2011 which limited the jurisdiction of the government to promulgate temporary laws, this lays the ground for a new phase in which Parliament restores its legislative jurisdiction insofar as the electoral law.

5 See the detailed report on the events of the elections 2013 in the Official Gazette, Issue No. 5221, on 5/5/2013, pp. 2148-2151.

9 Second: The new electoral law Number 25 for 2012: Provisions and applications

The new electoral law met an old demand by virtue of including a distribution of parliamentary seats among electoral districts as an integral part of the Law,6 contrary to past practices in which the allocation of parliamentary seats for electoral districts used to take place by virtue of a regulation issued by the Council of Ministers.

The most prominent amendments of the new law were as follows:

ÓÓThe transformation of the electoral system from the one vote system irrespective of the number of the seats of the electoral district, to the mixed system, which There was no change to combines between a single vote for the the status of local electoral voter in the local district, and another vote constituencies in the to be given to a closed list at the level of new Elections Law. The the Kingdom (general district), while 108 constituencies maintained seats were allocated for the local districts, their number, a total of compared to 27 seats for national lists. 45 constituencies, as well as their allocated seats, ÓÓIncrease the number of seats allocated for ranging between one and the woman's quota from 12 to 15 seats. seven. Thus a seat was allotted for each one of the twelve governorates and for each one of the three Bedouin (badia) districts in the north, middle region and the south. The Law safeguarded the method of reckoning the victory in the election in favor of the candidate attaining the highest percentage of votes relative to the number of voters in her electoral district. And in light of this distribution of seats, which raises the number of the seats of the Lower House of Parliament to 150 seats, the percentage of seats allocated for national lists amounts to 18%, while the seats of the women's quota reaches 10%, and the seats of local districts amount to 72%. It may be noted that the contest for the general district is available to all the categories of voters without exception, while the local districts are subject to exceptions relating to the Badia desert districts, and the quotas of Christians, Circassians and Chechens.

6 Paragraph (a) of Article Eight of the Electoral Law stipulated that "the Kingdom is divided into a number of local electoral districts allocated for which is one hundred and eight parliamentary seats, as per the table enclosed with this Law."

10 (1) Local districts: No change was done on the characteristics of local electoral districts in the new electoral law. Actually, the districts maintained their number, namely 45 districts, and the seats allotted for them, which range between one to seven seats.

(2) Characteristics of the national lists:

A. Type of list The national lists are considered closed, in the sense that the voter who votes for the list actually gives his vote to the list as a whole rather than to any particular candidate in the list. This implies that the seats won by the list are actually given to the candidates according to the sequence of their names in the list.

B. Number of candidates in the national list: Given that the number of seats allocated for the national lists is 27 seats, the electoral law has adopted the principle whereby the maximum limit for nomination is 27 persons. However, the Law has not specified whether it would be possible to allow for the formation of lists of a number that is less than 27. This has generated public debate, in which the Minister of Political Development, Bassam Haddadin, argued that it is impermissible to set a minimum limit for nomination so long as the Law itself did not set such limit for nomination, presuming that any number of voters ranging between 1-27 candidates are entitled to form an electoral list.7 Due to this deficiency in the Law, the Independent Electoral Commission decided to refer to the special diwan for the interpretation of laws which offered an interpretive decision8 stating that the law stipulated that the number which should not be exceeded is 27, but it allows the Commission to assume responsibility for setting a number of less than 27 candidates in the list for purposes of accepting the applications for nomination in the lists. Accordingly, the Commission, upon consulting with the various political circles and forces and non-governmental organizations decided for the minimum extent of candidates to be nine.

C. The higher remainder system: Article (52) of the Electoral Law stipulated that the seats allocated for the lists in the general electoral district are to be distributed through a special committee provided for in the Law according to the proportion of votes that each list obtained. However, this Article did not say anything about the method of dealing with remainders of the votes that were not translated into correct numbers of seats.

7 Khabbirni Website, 15/10/2012, date of reading 3/6/2013. 8 Explanatory Decision Number (8) of 2012, Official Gazette, Issue number 5184, dated 18/10/2012, p.5003.

11 Hence, the executive instructions9 issued by the Independent Electoral Commission The implementation of the assumed responsibility for addressing higher remaining system, this deficiency, and hence Article (16/D) along with the high number of those Instructions stated that : "in case of lists, totaling 61, and the the distribution of the twenty seven seats absence of the deduction is not completed then the final number of rate, led to the low number the distributed sears would be reached by of votes for many of the lists adding to the lists the seat of the higher that won parliamentary remainder, and then to the list of the higher seats. The last list to win a remainder that follows, and so forth until parliamentary seat secured the distribution of the twenty seven seats is only 14,012 votes. completed."

The application of the higher remainder system led, in the shadow of the high number of lists which amounted to 61 lists, coupled with an absence of a ratio of deduction, to the low number of votes of numerous lists which won a parliamentary seat, and the last of the lists that won a parliamentary seat had obtained 14,012 votes only (see Annex 2).

To illustrate the effect of the higher remainder on the results, we may compare it to another The implementation of the method, namely the D`Hondt method which higher means method would is known by the name of the higher averages have led to an increase in method. While each of 17 lists won a seat the number of seats for the notwithstanding that the number of votes five strongest lists, from one of each one of them is less than the average seat to two seats. number of votes necessary for winning a seat (47,705 votes), the number of lists which have a chance of winning seats according to the D`Hondt method notwithstanding that the number of votes is less than the average number of votes necessary for winning a seat, is 10 lists. (see Annex 3).

And given that the relative lists system is originally designed for political parties, the essence of the difference between the two methods, is that the higher remainder method seeks to improve the chances of small political parties to enter the parliament, while the higher averages method seeks to exclude the small political parties from parliament, and to increase the seats of large political parties so as to enable them to secure the majority necessary for forming a government without there being a need for forming a coalition with small political parties. Thus the application of the higher averages method would have led as is shown in Annex (3), to an increase in the number of the seats of the stronger five lists as follows:

9 Executive Instructions Number (9) for the year 2012.

12 The list of: "Jordan is Stronger" and the list of "Watan-Homeland" will win two additional seats, while each of Al-Wasat Al-Islami and Al-Ettihad Al-Watani and Al-Tayyar Al-Watani Party would win an additional seat.

D. Ratio of deduction of the participating lists: The electoral law and also the executive instructions issued by the Independent Commission were devoid of a determination of the ratio of deduction (or the platform of representation) for the participating lists, and those who do not obtain them are not entitled to be candidates for winning any seat, despite the fact that it is customary for the electoral lists to be associated with a specific deduction ratio, and the difference is represented in the value of the deduction ratio, because in case the deduction ratio is low, this would serve some of the lists which do not receive high numbers. However, the absence of the deduction ratio, in the election of 2013, benefited a number of very weak lists insofar as the number of votes which they won.

Following is an explanation of the results that could lead to adopting two examples of the decisive platform, the first of a ratio of 2%, and the second of a ratio of 5%. In the first case (see Annex 4), the decisive ratio precludes from competition all the lists that got a number of votes less than 23,497 votes, which would restrict the competition lists to the first highest 14 lists, the last of which is the list of "Ahl Al-Himma" which won 24,115 votes. This result is reflected in the increase in the number of seats won by the lists with the higher numbers, whereby each of Al- Wasat Al-Islami, Al-Ettihad Al-Watani, Al-Tayyar Al-Watani and Al-Inqath lists obtain an additional seat, while each of Al-Urdun Aqwa and Watan lists win two additional seats.

As for the case in which a platform of representation of 5%is adopted (see Annex 5), the outcome of this, appears more extreme, and this reflects the weakness of the numbers of the various lists in general, where this ratio excludes from the competition all the numbers that obtained less than 58,743 votes. This connotes restricting the winning lists to the first four lists by the number of votes, and this in one sense leads to excluding the Al-Tayyar Al-Watani party which is headed by Abdel Hadi Al-Majali from winning, despite its gaining more than the average number of votes necessary for winning, and leads to a big increase in the number of seats of the first four lists by the number of votes, where each of Al-Wasat Al- Islami, Urdun Aqwa, and Watan lists receive five additional seats, while the Al- Ettihad Al-Watani list receives three additional seats.

Perhaps the worst consequence of the absence of the decisive ratio, is that the votes of the weak lists and those not nominated for winning any seat, remain within the calculus of the distribution of seats, whereby the stronger lists are deprived of

13 benefiting from them, and in this case, the chances increase for the weak lists to win seats even if they do not receive the average number of votes necessary for winning a parliamentary seat.

For example, if a decisive ratio of 1% is adopted, then apparently none of the winning lists would be affected, because this ratio is equal to 11748 votes, and accordingly the lists that did not get this number of votes are excluded from competition for the seats allocated to the national lists. And in view of the fact that the number of votes of the last winning lists is 14,012, thus all the winning lists retain their chance to compete for the seats of the general district; actually, three lists that do not win will be in the competition arena because they possess a number of votes exceeding the decisive ratio. However, the surprise does not lie here, but is rather the consequence of eliminating the votes of all the lists which did not get a decisive ratio upon redistribution of the seats anew in the absence of the lists which did not obtain a decisive ratio. From a practical angle, this process will lead to depriving the last two lists of the winning lists from the two seats which they obtained, and those two seats will go to the list of "Urdun Aqwa" headed by Rula Al-Hroub, while the other seat will go to the list of "Watan" headed by Atef Al-Tarawneh.

(3) Local, regional and international monitoring of the elections: The electoral law, insofar as the matter of local and international monitoring, sufficed itself with what was stipulated in the Independent Electoral Commission Law in this regard, and the Electoral Law mentioned only the observers in Article 47/b which defines the contents of the minutes of the local electoral district.

Article (12/K) of the of the Independent Electoral Commission stipulates that among the jurisdictions of the Commission is for it to accredit the local and international observers of the electoral process. This responsibility is considered Local and international among the significant developments witnessed commissions monitored by the electoral process, given that the all phases of the electoral legislation in the past never included electoral process. These permitting local and international monitoring commissions focused of the elections; actually, the authorities used in the beginning on the to adopt a negative position towards the issue importance of compliance of monitoring to a point of claiming that it with international conflicts with the sovereignty of the state over conventions in each phase the electoral process. Hence, the most that of the electoral process was permitted in the past was what was called phases. monitoring the elections outside of the voting and counting of votes centers.

14 In accordance with its jurisdictions and powers, the Independent Electoral Commission issued executive instructions Number (2), and Number (3) for 2012 particular to accrediting local and international observers of the electoral process.

The instructions particular to local observers include the standards which must be present in the institutions or coalitions which wish to monitor the electoral process, such as not being connected financially or organizationally or administratively with any of the political parties participating in the electoral process.

It is obligatory for the local observer to comply with code of conduct particular to the monitoring process, and to also comply with the international principles relating to the monitoring of the impartiality of the elections by the institutions or coalitions. Moreover, the instructions particular to international observers, in the governmental and non-governmental organization wishing to monitor the electoral process set as a condition for the latter to possess experience in the field of monitoring elections. Moreover, the international organization undertakes for the observers affiliated to it to comply with the code of conduct adopted in New York by the United Nations on 27/10/2005.

The monitoring of the electoral The commissions that monitored process began concurrently with the electoral process agreed that the the beginning of the first phase electoral campaign was not highly represented in the registration of competitive. voters and the issuance of election (voting) cards which continued from 7/8/2012 until 15/10/2012, after extending this phase for two consecutive times. Three local teams partook in monitoring the first phase, namely: The Civil Coalition for Monitoring the Election (RASED), led by Hayat Center for Civil Society Development, and the Nazaha Coalition for Monitoring the Elections led by Hawiyya Center for Human Development, and the national team for monitoring and observing the elections led by the National Center for Human Rights. The number of local observers accredited by the Commission during the voting day reached 7300 observers belonging to 12 institutions, where 34% of the observers were women.

As regards international monitoring missions, these were 12 institutions, including: The European Union Mission for Monitoring Elections, the National Democratic Institute, the International Republican Institute, the Carter Center (United States), the elections network in the Arab World, and the Arab League. Local and international organizations monitored all the phases of the electoral process, and these organizations focused at the outset on the importance of compliance with international conventions in every stage of the electoral process. Thus light was shed, in the stage of voter registration, on the necessity of the participation of the

15 highest number possible of those entitled to vote. The monitoring teams leveled the criticism, in this context, that several segments were excluded from registration to vote.

The reports of the observers in the phase of voter registration focused on aspects which they perceived as involving weakness in the legal aspect, including registration by proxy. Moreover, it was noted that the Commission did not oversee the registration process directly, such because the law does not grant it this right, in addition to a set of observations related to technical and procedural errors which occurred in the registration process.

Moving to the nomination phase, the monitoring reports concurred in their local and international aspects that the nomination process was harmonious with international standards, and that the observations recorded do not impinge on the integrity of the elections, given that the observations are related only to the sequence of the nominees and the names of the lists.

As regards election campaigns, the local and international monitoring reports The monitoring reports concurred that there were numerous applauded the voting and infractions marring this phase, and the sorting process, pointing out reports, pertaining to these infractions, that they were significantly mentioned the issue of political money, different in the 2013 elections. given that the election campaigns, based on what was stated in the monitoring reports, witnessed numerous forms of utilizing political money such as the buying of votes, and attracting persons to join the national lists without their bearing any costs. The reports of the observers also referred to not conforming with legislation related to applying penalties on those that violate the law.

In another context related to election campaigns, the report of the Carter Center referred to an absence of programs in the election campaigns, considering the meetings witnessed in the election campaigns as encounters to bring together families rather than to discuss political, economic and social issues. On its part, the European Union focused in its report on the media and its role in the election campaigns, alluding to many points of weakness witnessed by media activity in the elections.

The entities that monitored the elections concurred that the election campaigns were not highly competitive, due to several reasons highlighted by the international and local monitoring reports, such as the differences in the financial capabilities of the candidates, the influence of the tribal factor, in addition to the absence of many political powers from participation. Moreover, the role of the media was

16 not effective, where seriousness was lacking in treating public issues and reform programs.

Concerning the voting and counting process, the reports of the observers lauded it, and stated that it was very different in the election of 2013, and that the voting process witnessed noticeable development and was more accurate than the previous electoral experiences. The monitoring reports attributed this to the development witnessed by the voting mechanism. Moreover, the local reports lauded the Independent Commission for the guarantees it provided ensuring the integrity of the elections.

As regards the negative aspects which were monitored during the voting and counting processes, they were similar in the various reports. However, the local reports were more elaborate in addressing the precise details relating to the day of voting. For example, Rased monitored the violations witnessed on election day and mentioned the place and time of their occurrence. Actually, the local and international monitoring reports agreed that the voting process took place with ease, and that the negative aspects and violations do not impinge on the fairness of the elections.

In general, the international reports laid emphasis on the factors influencing the elections without extensively addressing the events of the electoral process, while the local reports were more detailed in dealing with the events of the electoral process, and offered solutions through the recommendations that they presented.

In view of the recommendations presented by the local and international monitoring reports, it may be observed that there is consensus on a set of recommendations related to the standards and principles which are considered one of the elements of the success of the electoral process, such as the necessity of reinforcing participation and striving to train those working in the elections, in addition to a consensus to amend the legislation governing the political process whether insofar as what relates to the Electoral Law or the Political Parties Law, to reinforce freedoms, to amend the laws particular to access to information, and the undertaking of more constitutional amendments. Moreover, the local and international reports focused on the procedural aspect of the electoral process through presenting numerous recommendations related to the voting mechanism, voter registration, and election campaigns.

On the other hand, the international reports of observers focused on the aspect related to contestations and complaints, where they made several recommendations in this regard, in addition to presenting recommendations related to political reform in general in a manner distant from the events of the electoral process such as what relates to non-discrimination against woman, and limiting the role of security bodies.

17 (4) Political Money: The term 'political money' refers to the illegitimate use of money in the elections. The term also includes the substantial or exaggerated used of money in election campaigns, or in offering services or assistance to the voters in periods prior to the election campaign. However, the law does not take a stand on what is classified as "electoral crimes."

The Electoral Law of 2012 did not classify the activities within the cases of buying loyalties or votes under the appellation of "electoral crimes," as did the Electoral Law which preceded it, Number 9 of 2010. Even so, the new law is more strict than its predecessor in terms of two aspects: the first aspect relates to setting a minimum punishment for one who gives directly to a voter or indirectly or loans or offers or undertakes to pay him a sum of money or offer a favor or any other benefit in order to make him vote in a particular way or to refrain from voting or to influence a third party to vote or to refrain from voting. The minimum punishment referred to is hard labor for a period not less than three years, while the previous law sufficed itself to prescribe the maximum penalty which remained as is in the new law, namely hard labor for a period not in excess of seven years.

As for the other aspect whose punishment witnessed a stricter form, it is particular to requesting directly or indirectly a sum of money or a loan or a favor or any other benefit for himself or for another with the aim of voting in a particular way or to refrain from voting or to influence another to vote or to refrain from voting. This means that the punishment of one who asks for money has become equal to one who offers money to buy votes, which is hard labor for a period not less than three years and not in excess of seven years, while the punishment for one who requests money in the previous law ranged between imprisonment for a period not less than three months and not in excess of one year, or a fine that is not less than two hundred Dinars and not in excess of 500 Dinars or both those punishments.

(5) Financial Disclosure: The Electoral Law did not include any reference to the issue of financial disclosure related to the resources of the candidates and the electoral lists allocated for spending on electoral campaigns. However, the Independent Electoral Commission has chosen to adopt the principle of disclosure in its executive instructions out of a keenness to more expansively apply the standards of integrity and transparency.

In light of the acceptance of the nomination request submitted by the candidates of the local districts and lists, the Independent Electoral Commission demanded, pursuant to the executive instructions Number (11) for 2012 particular to the rules of election campaigns, supplying the Commission with a financial disclosure

18 including requests for financing the election campaign of each candidate and each list and The Election Law did not the facets of their expenditure in a manner make reference to financial that does not contradict the law and executive disclosure for the resources instructions within 10 days from the date of of the candidates and lists, accepting the nomination application, where allocated for spending the Commission at the time publicized the on electoral campaigns. names of the candidates and the lists which However, the Independent supplied it with the disclosure referred to Elections Commission, above with a view to informing public preferred to apply the opinion. disclosure principle in its Executive Instructions, Upon reviewing the financial disclosures10 in order to implement a of the candidates of the local districts, 488 wider system of integrity candidates disclosed the sources of funding and transparency criteria. of their campaigns out of 606 candidates, that is 118 candidates did not comply with the requirement of financial disclosure. And concerning lists, 58 lists complied with providing disclosure out of 61 lists.

10 See the detailed report on the events of the elections 2013 in the Official Gazette, Issue No. 5221, dated 5/5/2013

19 Third: Position of Political Parties towards the New Electoral Law

The enactment of the new Electoral Law for 2012 was generally not accepted by the political parties because it did not bring what is new concerning the "one vote" at the level of the local districts, and the addition pertaining to the electoral system, was restricted to adding the relative list at the level of the Kingdom by seventeen seats which was then modified to become 27 sears. Following is a sample of the reactions of political parties to the law.

(1) At the level of opposition parties: In the wake of the ratification of Parliament of the new Electoral Law in June 2012, the Islamic The passing of the Action Front, in a press conference,11 called new Election Law of on King Abdullah the Second to revoke the 2012 was not general Law. The secretary general of the said Party, accepted by political Hamzeh Mansour, said that "there is no value to parties, because it did parliamentary life that is the product of a law that not stipulate anything was created with deformity that is unparalleled new in terms of the on the face of the earth," regarding this law as “single vote” for the "unconstitutional to start with, insofar as the local constituencies. absence of the principle of equality between Jordanians insofar as rights, and the strength of the electoral vote which ranges between the sound one and the seven and what is in between."

Mansour considered that "the motivation behind the ratification of this Law is the insistence to possess power exclusively, and to deprive the people of its right to accountability, and to choose its legislative assembly which expresses its will," and he emphasized that "behind the veil of creating fear of the rise of the Islamists, and the safeguarding of gained rights, the one vote system was devised, and the trumpets of the regime extolled it, and considered it a qualitative leap forward.. with seventeen seats for the national list."

The Jordanian Popular Democratic Unity Party issued a press release on 19 June 2012, in which it commented on the ratification by the Lower House of the articles in the draft Electoral Law which was dedicated to having the single vote, stating

11 The press conference was held on 26/6/2012 (see the news item under the title "Islamic Action Front calls on the king to revoke the one vote law and to form a salvation government, the Islamic Action Front website, date of reading: 30/5/2013).

20 that the demand of the political forces and the reformist powers was clear in terms of the necessity of transcending and nullifying the one vote Law and its catastrophic effects on society, and called for the adoption of a democratic election law that relies on proportionate representation ensuring broader popular representation and instilling the principle of programs as a foundation of elections. The statement stated that "the ruling parties and all the forces opposing reform endeavored to ignore this demand and aborting it and emptying it of substance by adopting the one vote, and embellishing it with what is called the national list of 17 seats, such to market it as if it is a great accomplishment that is responsive to popular demand."

(2) At the level of moderate political parties: Al-Hayat Party demanded in a statement issued on 26 June 2012 of King Abdullah the Second to nullify the Electoral Law in harmony with the emphasis of the king that the one vote Law is not suitable, and that what is needed is a law which fulfills the goals of the political process, namely elected parliamentary governments. The party stated that what was hoped for was for the electoral law to be a modern law as demanded by His Majesty, but unfortunately it was a disappointment and contrary to the reform process in its entirety,. The statement added that the law in its present form does not encourage participation in the electoral process.

King Abdullah the Second did not block the law upon its promulgation, but rather, he directed the government to enhance the share of the lists of the seats which were only 17 in number. Accordingly, the government implemented the wish of the monarch by proposing a draft law amending the electoral law to the Parliament by increasing the number of seats by only 10 additional seats, whereby the share of the national lists became 27 seats. The Parliament agreed to this amendment.12 However, this amendment did not in substance change the opposing or critical positions of the political parties towards this law.

Thus Marwan Al-Fa`ouri, chairman of the political committee of Hiz Al-Wasat Al-Islami, stated in a press conference13 in which the political party presented its national list in the parliamentary elections, "we Hizb Al-Wasat Al-Islami, emanating from our call for political reform since 2001 to date, have accepted participation despite our criticism of the electoral law, particularly the closed proportionate list." Al-Fa`ouri added, "the reform of the electoral law did not fulfill the ambitions of the political parties and non-governmental organizations," stressing that the closed proportionate list Law was unjust and damaging to partisan and national endeavor, and emphasizing the necessity of reforming the electoral Law.

12 The amendment was issued in the law amending the electoral law particular to the Lower House Number 28 for 2012 (The amending law was cited in the Official Gazette, issue number 5169, dated 25/7/2012, p.3442). 13 "Al-Haqiqa Al-Duwaliyyah" cited it on 16/12/2012.

21 Fourth: Impact of the Electoral Law on the participation of Political Parties in the Elections

(1) Boycott of the Islamic Action Front and other political parties and forces of the elections Political parties and powers boycotted the elections at the level of nomination and The reasons announced voting, most importantly the Islamic Action for the boycott varied Front which is the political arm of the between objection to the Muslim Brothers, the Jordanian Communist Election Law, described Party, the Popular Unity Party, the National as the “partial single vote” Constitutional Party, Al-Hayat Party, the system, and demands for National Reform Front and popular and youth fundamental political movements. and constitutional reform embodying the phrase “the The declared reasons for boycott ranged people are the source of all between protest at the electoral law powers”. characterizing as the segmented one vote system, and demands for radical political and constitutional reform embodying the meaning of "the people are the source of sovereignty." The Communist party had announced refraining from participating in the elections due to the rise in fuel prices in the period preceding the elections after being inclined to boycott the elections because of the law.

(2) One vote and boycott of the elections: The boycott by the Islamic Action Front of the 2013 elections, on grounds that they mainly relied on the "one segmented vote," was not the only one, for preceding it was its boycott of the elections of the thirteenth Lower House in 1997. Notwithstanding that there are always interpretations offered by the observers of the boycott by the Islamic Action Front of the parliamentary elections that are utterly unrelated to the one vote system, it would be beneficial to become acquainted with their approach on this issue.

22 Murad Adayleh,14 member of the executive bureau of the Islamic Action Front says in this connection that the "one vote" Law has produced since 1993 to the present time a series of crises, and did not foster the sound representation of the people; he bases this on the dissolving of the fifteenth parliament (2007-2009), and sixteenth parliament (2010-2012). Moreover, the other parliaments did not produce a situation of general satisfaction. Al-Adayleh spoke about the elections of 1997, referring to the fact that 14 political parties, unions and organizations boycotted them. He also referred to what he called the royal parlance against the one vote.

He explained that the aim of imposing the one vote is to exclude the political forces, especially the Islamic force, and not to form big political blocs even if supportive of the regime, because the latter prefers dealing with individuals.

Al-Adayleh underscored the repercussion of the "one vote" on the country, insofar as having harshly affected society, and produced fragmentation in Jordanian society. He said that the solutions in the shadow of such situation have become more difficult, concluding that Jordan needs between 5-10 years to deal with the effects of the one vote law.

Al-Adayleh referred to the decline in confidence over the previous years in the institutions of the state, whereby the government and parliament seek the protection of the royal throne institutions, pondering the question, what is the fate of Jordan if this condition of lack of confidence persists?! Thus he expresses the view that the electoral law should be addressed whereby it produces members of parliament who are perceived by Jordanians as their genuine representatives, and hence listen to them.

Al-Adayleh referred to the function of parliamentary elections in renewing political elites irrespective of their intellectual backgrounds, and the role of the elites as intermediaries between government and the people, and that confidence in those elites has almost evaporated.

Emanating from his emphasis that political participation means involving people in solving the crises of the country at cumulative economic, political, and social levels, Al-Adayleh said that the electoral law constitutes the foundation of reform, and this requires nullifying the one vote and adopting a new formula or equation which rests on the principle of at least two votes for the voter, pointing out that the Islamic Action Front will not change its position regarding the boycott unless the law is amended by cancelling the one vote with all that it entails in terms of injustice, discrepancies in representation and the fragmentation of society.

14 From the interjection of Murad Al-Adayleh in a discussion group of political parties held at the headquarters of Al-Quds Center on 1/6/2013.

23 (3) Participation of Political Parties in the Elections The majority of Jordanian political parties numbering 23 parties have participated in the 2013 parliamentary elections. Actually, 14 political parties participated by offering candidates whether in the national lists at the level of the general district or candidates in the local districts. There were four parties which supported the process of participation in the elections, but they did not offer candidates. Those parties are the Jordanian National Party, Freedom and Equality Party, Justice and Reform Party, and the Reform Party (see Table no.1).

The political parties participating in the elections at the level of the general district presented 11 lists, that is the equivalent of 18% of the total national lists. It may be mentioned that one of the lists, namely the Democratic Awakening list represented a coalition of four political parties, namely: Jordanian Democratic People's Party "Hashd", represented in the list by the first Secretary of party Abla Abu Ilbeh who headed the list, alongside five party members. The nine remaining candidates were distributed between the three other political parties; the Jordanian Arab Resurrection Socialist Party (Baath), (4), Arab Progressive Resurrection Party (2), Popular Democratic Movement Party (2). The total nominated party lists included 204 candidates from among the total candidates numbering 819, that is the equivalent of almost a fourth of the candidates.

The party lists included female candidates of a number ranging between one to two candidates with the exception of one list which was devoid of any female candidates. Thus the total number of female candidates was 15 from the total number of female candidates of the national lists, numbering 86 female candidates, or a ratio of 17.4%. This indicates that the lists of political parties were not differentiated from other lists as relates to the candidature of woman.

Table (1) Lists of political parties nominated for the 2013 elections arranged in descending order according to the number of candidates Number Total number No. Party Name List Name List No. of female of candidates candidates The Jordanian United 1. United Front 25 27 2 Front Party JORDAN NATIONAL 2. NATIONAL UNION 40 26 2 UNION PARTY Al-Wasat Al-Islami Al-Wasat Al- 3. The Islamic Middle 23 23 2 Islami Party

24 Number Total number No. Party Name List Name List No. of female of candidates candidates The Jordanian The Jordanian 4. 8 22 2 National Party National Party

The Jordanian 5. National Action 37 21 1 National Action Front Party 6. Alresala Party Citizenship 50 20 2 Jordanian Democratic 7. (6) of 14 1 People's Party The Arab Socialist 8. (4) of 14 Ba'ath Party Al-Ba'th Progressive Democratic 9. 29 (2) of 14 Party Promoting The Direct Democratic 10. (2) of 14 Nationalistic Movement Party 11. Al-Rafah Party Al-Rafah / 41 12 - The Arab Islamic 12. Democratic Duaa Party 21 09 1 Movement- Duaa Justice and Justice and 13. 1 09 1 Development Party Development Jordanian National 14. National Unity 12 21 1 Youth Party Total Number of lists = 11 (18.0%) 204 (24.9%) 15 (17.4%)

As regards the nominations of the political parties at the level of local districts, the figures provide a somewhat positive impression by virtue of the candidature of not less than one hundred party candidates. However, the reality is not on par with the said impression, and this is reflected in the reluctance of political parties in declaring their numbers of candidates, and even the numbers of winners from those parties.

This is attributable to several reasons, including the fact that the nominees of the parties are not all party members, given that among them are many who are merely friends of the party. On the other hand, those candidates including the party members did not enter the election under the banner of their parties or the parties nominating them, such in the hope of investing their social influence by obtaining tribal or familial support. This actually raises a serious inquiry about the feasibility of this pattern of nomination without their being a declared party program.

25 Fifth: Results of the Participation of Political Parties in the Elections

The number of winning party lists was seven, totaling 10 parliamentary seats. The biggest The number of winning of the winning party lists was Al-Wasat Al- party lists totaled Islami Party which won three seats, followed seven, with a total of 10 by the National Federation Party which won parliamentary seats. two seats, while each one of the other five lists won one seat, as is shown in table (2). The seats won by the party lists represent 37% of the total seats allocated for the lists in the general district. This ratio is almost equal to the ratio received by the party lists in combination (36.8%) of the total votes of the general district, which means that the party lists did not achieve any additional gains compared to the non-party lists.

Table (2) of political parties nominated for the 2013 elections arranged in descending order according to the number of votes obtained Number of Number of No. Party Name List Name List No. Votes winners The Islamic Middle Islamic Middle 23 114,458 3 Party JORDAN NATIONAL NATIONAL 40 68,149 2 UNION PARTY UNION The Jordanian National Jordanian National 8 48,970 1 Party The Jordanian United United Front 25 32,840 1 Front Party Jordanian National National Unity 12 31,477 1 Youth Party The Jordanian National National Action 37 19,606 1 Action Front Party Alresala Party Citizenship 50 14,012 1

26 Number of Number of No. Party Name List Name List No. Votes winners Jordanian Democratic - People's Party The Arab Socialist - Ba'ath Party Democratic Al-Ba'th Progressive 19 13,917 Awakening - Party The Direct Democratic Nationalistic - Movement Party The Arab Islamic Democratic Duaa Party Bloc 21 6793 - Movement- Duaa Justice and Justice and 1 6734 - Development Party Development Al-Rafah Party Al-Rafah 41 4781 - Total: Number of votes of party lists = 316,737 from 860,569 Votes (36.8% of the total) Number of Winners = 10 of 27 Seats (37% of the total)

As regards the results of the nominations of the political parties at the level of the local Regarding the results of the districts, the total seats which those political party nominations at the parties received through those whose local constituencies level, candidature, whether they are actually the total number of seats members of a party or friends numbered secured by political parties 45 seats. Table (3) shows the names of the through those they adopted seven parties which won one seat or more. as candidates, whether real As for the parties which won the significant party members or friends, part of those seats, they are the National was 45 seats. Federation Party which won 14 seats, followed by the National Current Party, Al- Wasat Al-Islami Party each of which won 13 seats. As for the remaining four parties, the Unified Jordanian Front won two seats, and each one of the three other parties won one seat.

Concerning the women winners from among the nominees of the parties, their number was two, one of whom won competitively, namely Dr. Mariam Al-Lozi, and the other won through the woman's quota allocated for the Zarqa Governorate, namely Rudayna Al-Atiyya.

27 Table (3) Nominees of the Political Parties in the Local Districts No. Party Name Number of Winners 1. The Islamic Middle Party 13 2. JORDAN NATIONAL UNION PARTY 13 3. National Current Party 14 4. The Jordanian United Front Party 2 5. Alresala Party 1 6. The Arab Socialist Ba'ath Party 1 7. Al-Ba'th Progressive Party 1

28 Sixth: View of the Political Parties of the Effects of the Electoral Law and the Distribution of Seats on the Representation of Political Parties

(1) Evaluation of the Electoral Law and the Participation of Political Parties in the 2013 Elections The evaluations of the political parties of the results of the elections focused Party assessments of the election principally on the results of the national results focused primarily on list given that it is the main addition to the results of the national list, the electoral law. Actually, the parties considered the main addition to were surprised by the plethora of the Election Law. The parties nominated lists and the limited number were surprised by the large of seats which they won. Abdel Hadi Al- number of lists running and the Majali,15 head of the National Current limited number of seats secured. Party, expressed the view that the result which he obtained within the national list surprised public opinion by being only one seat,.. in addition to the fact that all the winning parliamentarians in the individual districts came by the same legal method and form which obtained in all the elections of the one vote parliaments, that is, their "social weight and personal influence" ensured their success, as he put it. As regards the national list, he said that "it also produced a parliamentary output that is close to the point of being identical with what was produced by the individual districts," basing this on the fact that in the House "no genuine partisan blocs appeared, not genuine blocs with programs," stressing that the blocs were "formed by the same method through which the previous parliaments were formed..This constituted a dilemma in dealing with the concept of the parliamentary government." Al-Majali regarded the national list as representing "a relatively substantive change, which rendered the idea of the list as an irreversible fact, but the national list in its present form does not affect parliamentary life."

15 See a working paper for him entitled "Experience of the electoral lists… lessons and conclusions," presented in a conference organized by Al-Quds Center for Political Studies in cooperation with the Konrad Adenauer Foundation with support from the European Union, under the title, "Analytical readings of the parliamentary elections and government" in Amman, on 23/2/2013.

29 The head of the Consultative (shura) Council of the Islamic National Front, Ali Abu Al-Sukkar,16 said that the latest parliamentary elections took place without a national consensus on the electoral system., but in fact ignored the aspirations of the Jordanians to attain a fair law that is capable of producing a genuine parliamentary body. He added that the decision of the Islamic movement and some of the popular and national and party forces to boycott the elections, was a political action par excellence, through which the movement won the confidence of the street and credibility in terms of being committed to its principles and what it espouses, according to him. In his view the elections proved the credibility of the position of the Islamic movement, namely that this law cannot produce a genuine parliament with blocs possessing programs, and that the elections cannot take place without interference and with transparency.

Proportionate Lists for Political Parties: The political parties did not agree on an issue like it agreed on the necessity of The political parties agreed restricting the proportionate national list mostly on the need for limiting to the political parties, particularly in the the relative national list to shadow of the dearth of the number of political parties, particularly in seats allocated for them. view of the limited number of seats allocated for them. Wasef Azar,17 a leader of the Jordanian Unified National Front Party, explained that the arrangements concerning the national lists were inclined towards adoption only by political parties, but personal interests intervened to make them a list available to all who wish. He added that in principle the big parties should themselves form the lists, and the small parties who cannot do this, should form a coalition and form a list, pointing out that some lists, even if associated with parties, do not by necessity have party goals and platforms.

On his part, Marwan Al-Fa`ouri18, chairman of the political committee of Al-Wasat Al-Islami Party, stressed that the proportionate electoral lists should not be open to all because they are intrinsically a special system particular to the participation of parties, especially since the number of seats allocated for proportionate lists was very weak, and should be increased.

16 See a working paper for him entitled "Anticipated orientations of the Islamic movement in the coming phase and its vision for the venture of a parliamentary government," presented in a conference organized by Al-Quds Center for Political Studies in cooperation with the Konrad Adenauer Foundation with support from the European Union, under the title, "Analytical readings of the parliamentary elections and government" in Amman, on 23/2/2013.

17 From an interview with him dated 9/6/2013. 18 From an interview with him dated 10/6/2013.

30 And Dr. Hazem Qashou`,19 secretary general of Al-Risala Party, said that the presence of 61 lists contributed to dispersing the votes, and that this reveals the negative aspect of keeping the national lists open to all and not confining them to political parties.

Abla Abu Ilbeh,20 first secretary of "Hashd" emphasized, that the proportionate list at the level of the general district should have been restricted to political parties, because the function of the proportionate list which was officially promoted was to develop party activities and political parties with a view to form elected party governments. However, the results produced by the experiment of the proportionate national list were dismal.

Higher Remainder System, and Platform of Representation: The adoption of the higher remainder for reckoning victory, and not adopting The adoption of the higher the representation platform has led to remaining system to calculate the loss of big lists of the chances for the win, and the lack of a getting additional seats. Abdel Hadi Al- representation threshold, Majali (National Current Party) said in led to the large lists losing this connection, "I express my lack of opportunities to secure understanding of the method in which additional seats. the Independent Commission counted the votes which the lists got, and the method through which the ratio and share of each list of the seats were determined."

Marwan Al-Fa`ouri (Hizb Al-Wasat AL-Islami) criticized the system of reckoning victory particular to the national lists, stating that it is illogical for a list to win by 14 thousand votes while the average necessary for victory is around 48 thousand votes, because this comes at the expense of big lists through the number of their votes.

Sahel Irsheidat,21 secretary general of the National Current Party agreed with this view, and stated that insofar as the distribution of the seats of the general district Article 52 of the Electoral Law stipulates that the national lists win seats according to the proportion of votes. He mentioned that the average share of the parliamentary seat from the national list votes is around 48 thousand votes, while certain lists won parliamentary seats by getting 14 thousand votes, and he expressed the belief that "this is unconstitutional!" Irsheidat explained that the Independent

19 From an interview with him dated 8/6/2013. 20 From an interview with her dated 12/6/2013. 21 From an interjection by him in the conference "Analytical readings of the parliamentary elections and government," 23/2/2013.

31 Electoral Commission proposed to the secretaries general of the political parties two ways to reckon the victory: the method of the higher remainder adopted by the Commission, and the higher average method D`Hondt which it believes is the superior way. This is what we wrote and officially presented to the Commission on 1/10/2012, but it did not adopt it. Irsheidat added that his party also warned of the absence of a representation platform which the political parties must surmount to become qualified to compete for the parliamentary seats allocated for the general district, pointing out that this would lead to the dispersal of the votes, and the big lists would not benefit from this.

Irsheidat concluded by saying that in his view this approach which is random and erroneous is what led to the losses of the political parties or the big lists."

Political Money: The subject of political money was a leading concern for the political parties which perceive The topic of political it as a breach of the integrity and fairness of the funds was a priority elections. Thus while it is the view of Marwan among the interests Al-Fa`ouri (Al-Wasat Al-Islami) that there of political parties, were no effective mechanisms for combating considering them a electoral crimes related to political money violation of the integrity and the seizure of election cards, Muhammad and equity of the Al-Shomali,22 secretary general of the Welfare elections. Party (Hizb Al-Rafah), finds that "buying votes is a disease," and he explained his suffering as a head of a national list, with numerous groups who demand money in return for selling their votes,. He said that neither the electoral law nor the Independent Electoral Commission laid down a mechanism ensuring curtailing the buying of votes and people's allegiances.

Sami Shreim,23 the assistant secretary general of the Jordan Unified Front went farther than this, by stating that political money was not confined to buying the votes of the poor and the weak and needy, but also, in the latest parliamentary elections, bought political, social and union elites, conceding that this should lead to a reassessment of those elites.

Dr. Abdel Majid Al-Aqtash,24 the second winner in the list of the National Current Party, expressed a somewhat different approach to political money, where he

22 From his interjection in a discussion group of political parties at the headquarters of Al-Quds Center for Political Studies, dated 1/6/2013. 23 From an interjection by him in the conference "Analytical readings of the parliamentary elections and government," 23/2/2013. 24 From an interjection by him in the conference "Analytical readings of the parliamentary elections and government," 23/2/2013.

32 considered political money as "a means to achieve desired goals throughout the world," and that this is not confined to Jordan. He pondered: what is the way for achieving an objective which a person of wealth or influence may seek? He replies that here the means and objectives vary. He added that we saw in Jordan that political money was extensively used, but the government and the quarters that monitor political money, adopted a selective method in dealing with this matter, and in pursuing some of those who use political money. Even this selectivity was not fair in this sense. While the National Current Party emphasized that "there should be strong and effective mechanisms for combating political money, alongside a clear mechanism that defines ceilings for the spending of election campaigns in a manner ensuring justice between the contestants."

Notwithstanding all of the foregoing concerning political money, Dr. Hazem Qashou` (Al-Risala Party), believes that the decisions of the Independent Electoral Commission to refer those accused of buying the votes of the voters and seizing their cards to the prosecutor general who took the decision to detain them for questioning in those cases, constituted for the future a deterrent step that is of great significance in confronting political money.

(2) View of the Political Parties of the Development of the Electoral Law Notwithstanding the fact that the basic The single vote system developments of the electoral law which were at the local constituency gaged in the positions of the political parties, level, in addition to focused on the national list and the distribution being the main reason of the seats of the Lower House between the announced for the local districts and the general district, it must be boycott of a number of stated in this context that the one vote system parties and forces of at the level of the local district, in addition to the 2013 elections, was representing the main declared reason for the objected to by other boycott by a number of political parties and political parties that forces of the 2013 elections, it evokes the did participate in the opposition of another number of political parties elections. even if they had participated in the elections.

Thus Wasef Azar (Unified Jordanian Front) emphasized that the one vote is unacceptable because it serves the families and tribes and does not provide real opportunities for competition, calling for the voter to have more than one vote in the local districts with a view to providing a genuine competitive climate.

Muhammad Al-Shomali (Welfare Party-Hizb Al-Rafah) said on his part in this context that the one vote should be cancelled completely. However, Dr. Hazem

33 Qashou` (Hizb Al-Risala) has a different approach entailing giving the voter in the local districts two votes leading to a situation where the large and well organized party is the one that reaps the benefits of multiple votes.

As regards developing the electoral law as a part of the reform process, Abla Abu Ilbah (Hashd Party), is of the view that political and social reform should not be presented to society as disparate points, but should rather be an integrated system, because this would contribute to spreading the culture of change gradually and comprehensively.

The assistant secretary general for political affairs in the National Federation Party, Youssef Sarhan,25 sheds light on the importance for initiating the reform process through the seventeenth Lower House, by reforming the bylaw of the House, and to ensure that it provides for the parliamentary blocs to be a framework for the participation of political parties in parliamentary activity, in addition to the necessity of adopting a code of conduct for the parliamentarians.

Wasef Azar (Jordan Unified Front) underlined the necessity of changing the parties and their orientations, to the maximum extent possible, but he points out the importance of planning to develop the role of political parties in Parliament in accordance with the goals aspired to, whereby we gradually reach, after an agreed upon number of years, even if it is twenty years, a complete electoral system of proportionate lists.

Abla Abu Ilbeh (Hizb Hashd) is of the view that the position of the Islamic Action Front The political parties linking its participation in the elections to wholeheartedly agree constitutional amendments and amending the on the need to limit the law through a royal commission and not the electoral lists in the parliament, could hinder the opportunity to general constituency to develop the law based on a reformist view, party lists, and not keep because it would be possible to produce them open to everyone, resistance to change. because the 2013 elections experience was hard on Abu Ilbeh stated that the opposition parties are the parties, as the ten not essentially in agreement on the alternative party lists that ran in the to the one vote law, notwithstanding the elections won only 37% of possibility of agreeing on a specific proposal the seats allocated for the such as distributing the seats of parliament national lists. between the individual districts and the national lists. However, this proposal may not

25 From his interjection in a discussion group of political parties at the headquarters of Al-Quds Center for Political Studies, dated 1/6/2013

34 reflect the favored choice of each party, She mustered the example of "Hashd" which in principle favors the adoption of a proportionate representation system at the level of the Kingdom, while the Islamic Action Front is inclined to the open list which was applied in 1989 but with amendments. On its part, the Communist party and the Popular Unity party favor the proportionate lists at the level of the governorate.

Abu Ilbeh underlined the importance of developing the electoral law, and is of the view that if the law was more developed this would have been reflected not only in the composition of the Lower House, but also in the performance and composition of government, and the general performance of the state.

In what follows we shall address a number of detailed proposals particular to the vision of the parties to develop the electoral law and the national proportionate list system:

A. A National List for Parties: The political parties believe it is necessary for The political parties are in complete agreement the relative list to remain on the necessity of restricting the electoral closed, i.e. the voting is lists in the general district to the party lists, for the list and not for the and not making them open to all, because the candidate on the list, as experience of the 2003 elections was harsh this will allow the political for all the parties, given that the ten party parties to arrange the lists which were nominated in the elections names of their candidates only won 37% of the seats allocated for the according to their national list. The position of the National importance to the party. Current Party, was distinguished by the statement of its member Abdel Hadi Al-Majali that if there is a constitutional prohibition preventing confining the list to just the parties, then it should be overcome, that is, the constitution should be amended. On the other hand, the political parties perceive the necessity for the proportionate list to be closed, that is for voting to be for the list and not the candidate in the list, because this would guarantee to the political parties to arrange the names of their candidates according to their importance for the party, whereby the chances of victory are compatible with the importance of those personalities to the party. However, some election experts who are not members of a party stress the contrary, namely the importance for the list to be open, that is the voter votes for his/her favorite candidate within the list, because this would guarantee to the parties the possibility of forming coalitions and forming coalition lists without being preoccupied with arranging the names on the list, while also guaranteeing for the list to achieve the maximum extent of possible votes, because every nominee will do his utmost to win.

35 B. Number of Seats Allocated for the National List: The political parties primarily demand the establishment of the proportionate list in Some election experts who the general district of the political parties are not party members because the number of seats allocated for stressed the importance of this list is modest, namely 27 seats, or the keeping the list open, i.e. equivalent of only 18% of the total seats of the vote can vote for his the Lower House. favorite candidate within the list, as this will enable Nevertheless, the parties also propose an the parties to form alliances increase in the number of seats allocated for and alliance lists without the national list. Thus the opposition parties focusing on arranging the under the aegis of the higher coordination names on the list. This will committee of the opposition parties propose also guarantee that the that the membership of the Lower House be list secures the maximum distributed equally between the individual amount of possible votes as districts and the national district, and this is each candidate on this list also advocated by the Islamic Wasat Party, will apply all effort possible while the other parties exhibit flexibility to win. in this regard insofar as being prepared to accept a lower ratio, for the National Current Party proposes for the share of the proportionate lists to range between 40-50% of the seats of the Lower House. Hizb Al-Risala proposes allocating 100 seats for the local districts compared to 50 seats for the national lists, and the party supports the idea for the competition not be at the level of governorates as electoral districts, rather than at the level of the Kingdom as a general district. The Welfare Party proposes a ratio ranging between 30-35%, and would even accept 25%.

By contrast, the National Federation Party takes a different position by proposing for the share of national lists to be 75% of Opposition parties under the number of seats of the Lower House, the umbrella of the Higher to be distributed exclusively between the Coordination Committee for three lists that obtain the highest votes Opposition Parties proposed equally, provided that those lists include that the membership in candidates from the various basic districts Parliament is equally of the Kingdom, in addition to Circassion, distributed among the Chechen and Christian nominees. Youssef individual constituencies Sarhan (National Federation Party) explains and the general that the formula proposed by the party constituency. requires for the number of candidates in the list not to exceed 25% of the seats allocated for the national lists, and to include the woman's quota within the national list.

36 C. The Higher Remainder System, and the Representation Platform: Notwithstanding the importance of the method of reckoning the victory and the decisive ratio (representation platform), few parties have accorded it the interest that it deserves, and in the forefront of those is the National Current Party, where Saleh Irsheidat pointed out that his party sought to persuade the Independent Electoral Commission to adopt the higher average method (De Hont) in reckoning victory of the national electoral lists, which is the method that led the party to get another parliamentary seat. Marwan Al-Fa`ouri (Al-Wasat Al-Islami Party) demanded a modification of the mechanism of reckoning victory without specifying his favored option, and regarding the representation platform, Abdel Hadi Al-Majali supported the necessity for there to be a deceive ratio (minimum) for the number of votes which each list receives in order to compete for the lists seats, or it is inadmissible for there to be a nomination of any party list which did not collect a specific number of signatures of the constituents. On his part, Dr. Hazem Qashu` (Hizb Al-Risala) proposed that the decisive ratio in the first phase to be between 1-1.5% in order to expand the base of participation, and it may be possible to increase it subsequently.

Number of Votes for the Voter: There is no agreement between the parties concerning the number of votes which a voter must have in the shadow of the present situation of the demarcation of the electoral districts, for there are those who demand two or three votes for the local There is no agreement among district, and there are those who demand the parties with regard to a vote for the national list and a vote the number of votes that for the local district and a vote for the the voter should enjoy in governorate. This discrepancy is partially the current division of the due at least to the differences in choices electoral constituencies. Some concerning the electoral system favored demand two or three votes by the parties. per local constituency and others demand a vote for the In general many parties demand more national list, one for the local than one vote in the local district, which constituency and one for the is something clearly expressed by Abdel governorate. Generally, many Hadi Al-Majali (National Current Party), parties demand more than one where he demanded "adding one vote for vote in the local constituency. the voter so as to possess two votes in the local districts (indivudal), or re-divide the districts whereby each district would have one or two seats."The opposition parties to a great extent concur about the presence of another choice for some, namely for there to be a reversion to the governorates as electoral districts and then each voter would be given two votes.

37 Seventh: Orientations of the Political Parties to Develop the Electoral Law of 2012

The amendment of the political parties Law simultaneously with the amendment of the The amendment of the electoral law has become an inherited tradition Political Parties Law despite the fact that every new electoral law in parallel with the emerges stricter than its predecessor in terms amendment of the Election of the conditions for licensing a political Law has become a tradition, party. And concerning the discussion of the although every new Parties amendments proposed by the parties to the Law is stricter than its electoral law, Muhammad Al-Shomali26, predecessor with regard to the secretary general of the Welfare Party the terms and conditions for regards it as impossible to separate the licensing the political party. electoral and political parties laws from each other, calling for the imperative of also amending the political parties law. However, he expressed the belief that there is no political will to develop political party life, as exemplified by the fact that there continue to be institutions which set as a condition lack of membership of a party to obtain a job or a benefit.

On the issue of the financing of political parties, Dr. Hazem Qashu`27, secretary general of Hizb Al-Risala explains that the financial sum allocated for political parties is good as a start but is insufficient for defraying the basic costs of opening offices in the governorates where the minimum number of founding members is five hundred. And whereas Qashu` explained The political parties have that the cost of opening the seven offices called for the financing requires on average 70 thousand dinars of electoral campaigns annually, Al-Shomali (Welfare Party) agreed from the treasury, and with what Qashu` stated, and said that the for granting parties fifty thousand dinars barely cover the rent financing that takes into and salaries of the administrators, favoring consideration the number of the idea of considering the ratio of women votes and seats secured. and youth in the party as incentives for funding.

26 From his interjection in a discussion group of political parties at the headquarters of Al-Quds Center for Political Studies, dated 1/6/2013. 27 From an interview with him dated 8/6/2013.

38 As regards the issue of financing election campaigns, Marwan A;-Fa`ouri,28 chairman of the political committee of Hizb Al-Wasat Al-Islami, called for funding the election campaign from the Treasury, and granting parties funding that takes into consideration the number of votes it got in the elections, and the number of parliamentary seats won. Moreover, he said that it would be appropriate to give an advance payment to the political parties to defray the basic costs of the election campaign as is done in certain countries, and later the advance payment is settled after the elections are held.

Abla Abi Ilbeh,29 the first secretary of "Hashd" party sees that the funding of political parties should be by virtue of law and not a regulation, saying that her party supports the idea of funding the election campaigns of political parties. Dr. Hazem Qashu` (Hizb AL-Risala) expressed his belief in the importance of adopting the incentives system in order to encourage the party lists with platforms, pointing out that one who participates in the elections is not like one who doesn't, and the party that possesses money for spending on its campaign communicates its message to the public more effectively. He called for funding political parties while taking into consideration the criterion of the number of votes and seats which the party was able to get. He also called for encouraging the private sector in its juristic capacity to donate to political parties, such by deducting donations from the expenses subject to taxation.

Regarding the official frame of reference of political parties, the latter favor replacing that The parties prefer to of the Ministry of Interior, by a supervisory replace the frame of entity similar to the independent electoral reference provided by commission, or by the authority of the Ministry the Ministry of Interior of Political Development. Muhammad Al- with a monitoring Shomali (Welfare Party) supported the principle commission similar to of substituting the procedures of licensing that of the Independent provided for in the Law by the principle of Elections Commission, disclosure, and also on the basis of having only or the frame of reference 50 founding persons rather than 500, because of the Ministry of Social what is important here is for the licensing of the Development. political party not to fetter the constitutional right to form political parties.

Abdel Hadi Al-Majali,30 head of the National Current Party, called for the creation of the legislative and political environment suitable for developing parity life

28 From an interview with him dated 10/6/2013. 29 From an interview with him dated 12/6/2013. 30 See a working paper for him entitled "The electoral lists experience.. Lessons and conclusions," presented in a conference organized by Al-Quds Center for Political Studies in cooperation with the Konrad Adenauer Foundation with support from the European Union, under the title, "Analytical readings of the parliamentary elections and government" in Amman, on 23/2/2013.

39 and making it a rewarding option for the citizens, where many parties concur on demanding for the door to be open for working with the youth sector in universities, such based on the premise that this would be a strong springboard for political and party development in the country, while Qashu` (Hizb Al-Risala) called for forming a council of the heads of political parties to regularly meet with the government.

40 References and sources

1. Detailed report on the elections of 2013 in the Official Gazette, Issue No. 5221, dated 5/5/2013.

2. Proceeding of the conference "Analytical readings of the parliamentary elections and government," organized by Al-Quds Center for Political Studies in cooperation with Konrad Adenauer Foundation and the support of the European Union, in Amman, 23/2/2013.

3. Colloquium on political parties, Al-Quds Center for Political Studies, 1/6/2013.

4. Interview with the secretary general of Hizb Al-Risala, Dr. Hazem Qashu`, on 8/6/2013.

5. Interview with the member of the leadership of the Jordanian Unified Front Wasef Azar, dated 9/6/2013.

6. Interview with the chairman of the political committee of Hizb Al-Wasat Al- Islami, Marwan Al-Fa`ouri, on 10/6/2013.

7. Interview with the first secretary of the Jordanian Democratic Popular Party "Hashd" Abla Abu Ilbeh, on 12/6/2013.

41 Annexes

Annex (1):

Responsibilities and jurisdictions of the Independent Electoral Commission31

1. Drawing up the general policy of the Commission.

2. Setting the date of voting after the King issues his command to carry out the parliamentary elections.

3. Ratifying the timetable, plans and programs necessary for implementing the elections with integrity, transparency and impartiality.

4. Taking the measures necessary for registering the voters and candidates in accordance with the provisions of the electoral law, including the procedures for checking and updating the records of the votes and organizing the objections in this regard.

5. Publishing the tables of the voters and the names of the candidates on the website of the Commission and any other means of publication to be determined by the electoral law.

6. Laying down the principles of the election campaigns and propaganda and their procedures, while monitoring them in accordance with executive instructions.

7. Raising the awareness of the voters about the importance of participating in political life including election processes.

8. Appointing the chairmen and members of any committees necessary for implementing the parliamentary elections process in accordance with the stipulations of the electoral law.

31 In accordance with Article Twelve of the Independent Electoral Commission Law Number 11 for 2012.

42 9. Adopt the specification of each of the ballot box, the voting papers, and the official stamps of the voting committee.

10. Setting the standards for accrediting the representatives of candidates at the voting and counting centers.

11. Accredit the representatives of civil society organizations, media people and any local and international observers to follow up the progress of the parliamentary elections and monitoring them in accordance with executive instructions.

12. Extending the voting period in accordance with the provisions of the electoral law.

13. Formulating executive instructions for publicizing the preliminary results and organizing objections in accordance with the provisions of the electoral law.

14. Announcing the final results of the elections.

15. Issuing a final detailed report on each parliamentary election in all its phases, and present it to the King, and to also publish it in the Official Gazette.

16. Adopting the annual report on the activity and tasks of the Commission and sending a copy thereof to both the Council of Ministers and Parliament.

17. Approving the contracts and agreements to which the Commission is party. Forming provisional committees for specific responsibilities to assist in undertaking responsibilities and powers.

18. Proposing the necessary draft laws necessary for the activity of the Commission.

19. Any responsibilities or powers regarding which there is a stipulation in this law or any other legislation.

43 Annex 2:

Winning national lists in the 2013 elections, and the number of votes obtained

Total Total Number Number of Number No. List Name List No. Number of of Female Votes of Seats Candidates Candidates The Islamic 23 23 2 114,458 3 Middle Party Urdun Aqwa 42 11 1 100,159 2 Watan 31 27 2 94,682 2 National Union 40 26 2 68,149 2 National 08 22 2 48,970 1 Current Party Salvation 57 20 2 37,208 1 Vocational and 15 20 3 36,555 1 Labor Cooperation 35 10 2 35,565 1 The Dignity 04 11 2 33,858 1 Bloc Unified Front 25 27 2 32,840 1 National Unity 12 21 1 31,477 1 Building 13 12 2 30,938 1 People 17 15 2 28,894 1 Ahl Al-Himma 11 12 1 24,115 1 Free Voice 14 25 2 23,222 1 Home Voice 02 12 1 20,290 1 National Action 37 21 1 19,806 1 Holy Jerusalem 58 15 3 17,834 1 Al-Bayarek 34 19 3 16,604 1 Dawn 03 09 - 16,303 1 National Unity 32 23 4 14,620 1 Youth Bloc Citizenship 50 20 2 14,012 1

44 Annex 3:

Results of the distribution of seats among national lists in the 2013 elections according to the D'Hondt method

Number Divided Divided Divided Divided Number No. List Name of Votes by 1 by 2 by 3 by 4 of Seats The Islamic 1. 114,458 114458 57229 38153 28614.5 4 Middle Party 2. Urdun Aqwa 100,159 100159 50080 33386 25039.75 4 3. Watan 94,682 94682 47341 31560 23670.5 4 National 4. 68,149 68149 34075 22716 3 Union National 5. 48,970 48970 24485 2 Current Party 6. Salvation 37,208 37,208 18604 1 Vocational and 7. 36,555 36,555 18278 1 Labor 8. Cooperation 35,565 35,565 17783 1 The Dignity 9. 33,858 33,858 16929 1 Bloc 10. 32,840 32,840 16420 1 11. National Unity 31,477 31,477 1 12. Building 30,938 30,938 1 13. People 28,894 28,894 1 14. Ahl Al-Himma 24,115 24,115 1 15. Free Voice 23,222 23,222 1 16. Home Voice 20,290 20,290 National 17. 19,806 19,806 Action Holey 18. 17,834 17,834 Jerusalem 19. Al-Bayarek 16,604 16,604 20. Daylight 16,313 16,313 The National Reconciliation 21. 14,620 14,620 Youth Bloc

22. Citizenship 14,012 14,012

45 Annex 4:

Table showing the results of adopting the representation platform by 2%

Number of No. List’s Name % Seats Head of List Votes 1 The Islamic Middle Party 114,458 4.304 4 Mohammad Alhajj 2 A stronger Jordan 100,159 3.767 4 Rolla Alhroob 3 Watan 94,682 3.561 4 Atef Al-Tarawneh Mohammad Al- 4 National Union 68,149 2.563 3 Khashman Abdelhadi 5 National Current Party 48,970 1.841 2 Almajali Ahmad Al- 6 Salvation 37,208 1.399 2 Rqaibat Mazen Al- 7 Vocational and Labor 36,555 1.374 1 Jawazneh 8 Cooperation 35,565 1.337 1 Mujhem Al-Sqour 9 The Dignity Bloc 33,858 1.273 1 Ali Al-Azazmeh 10 Unified Front 32,840 1.235 1 Amjad Almajali Mohammad 11 National Unity 31,477 1.182 1 Karim al-Zboun 2 Building 30,938 1.163 1 Hasan Obaidat 13 People 28,894 1.086 1 Mustafa Shnaikat Ahl Al-Himman (People of 14 24,115 0.906 1 Raed Al-Khalaileh determination) The representation platform by 2% excludes the lists that get less than 23,497 votes in the competition for winning any seat

46 Annex 5:

Table showing the results of the representation platform by 5%

No. List’s Name Number of Votes % Seats Head of List

The Islamic Middle Mohammad Al- 1. 114,458 8.187 8 Party Hajj

Urdun Aqwa (A 2. 100,159 7.164 7 Rula Al-Hroob stronger Jordan)

3. Watan 94,682 6.772 7 Atef Al-Tarawneh

Mohammad Al- 4. National Union 68,149 4.874 5 Khashman

5 The representation platform by 5% excludes the lists that get less than 58,743 votes in the competition for winning any seat

47 48