Parliament

The apportionment of seats in the Iraqi Parliament is proportional to each province’s population with a deputy for each 100,000 Iraqis, noting that the 2005 statistics of the Ministry of Commerce estimate the annual population growth in each governorate at 2.8%. Currently, there are 325 members in Parliament. According to the Constitution, deputies represent the entire Iraqi population and are elected by direct secret ballot.

Duration of Mandate

Iraqi Parliament is elected for a four-year term of office starting from the first session it convenes and expiring by the end of the fourth year.

Electoral District

Iraq’s 18 governorates are adopted as electoral districts. Each district is apportioned a number of seats with 1 seat for each 100,000 people as shown in the following Table 1. However, 5% of the seats (15 seats) are awarded as compensatory seats to the lists based on the countrywide proportion of seats won at the governorate-level tier. 8 out of the compensatory seats are distributed as follows:

• Christian: 5 seats distributed over the governorates of Baghdad, Ninawa, Kirkuk, Dahuk and Erbil
• Yazidi: 1 seat in Ninawa
• Shabak: 1 seat in Ninawa
• Sabean: 1 seat in Baghdad

Source: Iraqi electoral law

Candidacy and Victory

Open candidate lists with no less than 3 candidates and no more than twice the number of seats allocated to each district are used in elections and voters have the right to vote for the entire list or for one of its candidates. Running independently is also optional.

In order to determine the number of seats for every list, the electoral divider shall divide the total number of valid votes cast in each governorate. The sequence of the names of candidates shall be rearranged within the open list based on the number of votes received by each candidate from top to bottom and the women’s quota shall not be less than ¼ of the winners. In case of a tie between candidates of the same list, the winner will be decided by drawing lots.

Emigrants’ Vote

Iraqis living overseas may register at their place of residency and participate in elections.

Military Personnel’s Vote

Contrary to the voting systems that ban the military from voting as, for example, in Lebanon, the Iraqi electoral law grants its military members in the ministries of defense and interior and all the Iraqi security entities the right to cast their ballots.

Prisoners’ Vote

Inmates and detainees are also permitted to participate in the parliamentary elections.

Separation between Government and Parliament Positions

According to the law, the membership of a deputy in Parliament expires immediately if he assumes the position of President of the Republic, Prime Minister or Minister. If a parliamentary seat falls vacant for whatever reason (resignation, death, judicial verdict), another candidate is chosen by the head of the list to which the seat was assigned to fill the vacuum. This move is slammed by many as being a violation of the adequacy of representation, as the choice might fall on the candidate with the lowest number of votes at the expense of more deserving candidates.

Voting Age

Iraqis of 18 years of age and above have the right to participate in the elections.

Terms of Candidacy

• Candidates must be at least 30 years old and holders of the Iraqi citizenship.
• Candidates must be holders of a secondary diploma or its equivalent.
• Candidates must not be convicted of any disgraceful crime.
• Candidates must not be members of the Baath Party with senior military positions.

Women’s Quota

The electoral law has a binding quota for women imposing the presence of a woman at the end of every 3 winners on the list. ¼ of Parliament’s members must be women.

Elections’ Oversight

The Independent High Electoral Commission, an independent public entity subjected to the control of Parliament and having the legal authority to announce and implement electoral rules and referendums, supervises the parliamentary elections in Iraq. The Commission was established in 2004 and is considered the exclusive electoral authority in Iraq. It consists of 9 members elected by Parliament.