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OO RUEHBC RUEHDA RUEHDE RUEHDH RUEHIHL RUEHKUK
DE RUEHGB #2979/01 3141307
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O 101307Z NOV 09
FM AMEMBASSY BAGHDAD
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5399
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INFO RUCNRAQ/IRAQ COLLECTIVE
RUCNDT/USMISSION USUN NEW YORK 0921

UNCLAS SECTION 01 OF 03 BAGHDAD 002979 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KDEM PGOV IZ
SUBJECT: IRAQI PARLIAMENT PASSES ELECTION LAW 
 
REF: BAGHDAD 2967 
 
This message is Sensitive but Unclassified; handle 
accordingly.  Not for distribution on the Internet. 
 
¶1.  (U) This message provides a correction to Reftel in para. 
¶8. 
 
¶2.  (SBU) SUMMARY:  On November 8, Iraq's Council of 
Representatives finally passed an election law that will 
enable Iraq to hold elections on January 21, 2010 -- five 
days later than originally planned but well within the 
requirements of the Constitution.  In a significant milestone 
for Iraqi democracy, the election law calls for an open list 
election in multiple districts, a measure expected to enhance 
transparency of electoral politics and accountability of 
elected officials.  Five percent of the overall seats will be 
allocated to compensatory or "at large" seats -- and eight of 
these nationwide seats will be designated for minority 
parties.  The law includes specific provisions for voting for 
displaced persons, refugees, military, prisons, and 
hospitals.  The provision on voting rules for Kirkuk was 
finally agreed after weeks of difficult, and sometimes 
harrowing, negotiations (septel).  Technical experts continue 
to review the elements of the law, but UNAMI election experts 
give an initial indication that the law can be successfully 
implemented on time for elections to be held January 21.  END 
SUMMARY. 
 
Extended Deliberations 
---------------------- 
 
¶3.  (SBU) The law passed November 8 is an amendment of the 
2005 election law (law number 16).  Except where specific 
provisions were changed, the January 2010 election will be 
conducted under the terms of that law.  In a dynamic, 
somewhat chaotic, session, 195 MPs proceeded through a series 
of "options" votes to define the terms of the law.  The 
session was shown live on local television, with the public 
able to watch which parliamentarians voted for the new 
provisions. 
 
Size of Parliament, Compensatory Seats and Minorities 
--------------------------------------------- -------- 
 
¶4.  (SBU) The COR first took up the issue of how to determine 
the number of seats for the next COR, deciding on one seat 
per 100,000 inhabitants, per Article 49 of the Constitution, 
with the number of inhabitants based on the latest Ministry 
of Trade statistics.  (Comment: We estimate this will make a 
COR of 323 members, though Iraqi policymakers will have to 
confirm this.  End Comment.).  Parliamentarians voted that 
five percent of the seats should be compensatory seats, and 
that of those seats, eight should be given to minority 
components as follows:  five for the Christian component, one 
each in Baghdad, Ninewa, Kirkuk, Dahuk and Erbil 
governorates; one for the Yezidi component in Ninewa 
governorate; one for the Sabean Mandean component in Baghdad 
governorate; and one for the Shabak component in Ninewa 
governorate. 
 
Multiple Districts, Open List 
----------------------------- 
 
¶5.  (SBU) Parliamentarians then voted for the election to be 
conducted in multiple districts, according to the boundaries 
of the 18 provinces, with each district allotted seats 
proportional to the governorate population as per the latest 
statistics used for the Public Distribution System (food 
ration cards).  Parliamentarians also determined that 
nomination of candidates shall be based on the open list 
system.  The open list system as defined in the law requires 
that the party list may not be fewer than three candidates 
nor more than double the number of seats allocated to the 
electoral district.  The voter may vote for only a party list 
or for a party list and a specific candidate.  Individual 
Qor for a party list and a specific candidate.  Individual 
candidacy is permitted.  MPs also voted that vacant seats 
should be given to the winning lists based on the proportion 
of the votes they acquired. 
 
Special Needs Voting 
-------------------- 
 
¶6.  (SBU) For military or personnel of the Ministry of 
Defense, the Ministry of the Interior and other security 
institutions, voting shall be conducted through special 
procedures set by the Independent High Electoral Commission 
(IHEC) and based on official lists provided by the relevant 
ministries no less than 60 days before election day.  For 
inmates, detainees and prisoners, the Ministries of Justice 
 
BAGHDAD 00002979  002 OF 003 
 
 
and Interior will provide lists of qualified voters no less 
than 30 days prior to election day.  Patients and hospitals 
and other health institutions will be permitted to vote with 
special needs voters according to procedures to be set by 
IHEC. 
 
Voting for Displaced Persons and Refugees 
----------------------------------------- 
 
¶7.  (SBU) The COR voted to include a definition of an 
internally displaced person (IDP) that matches the definition 
used in the 2008 Provincial Election Law:  "A displaced voter 
is an Iraqi who has been forcibly displaced from his/her 
permanent place of residence to another place inside Iraq 
after 9 April 2003 for whatever reason."  Voting for 
displaced persons shall be conducted in accordance with the 
latest official statistics provided to the IHEC by the 
Ministry of Displacement and Migration (MODM) and the 
Ministry of Trade (Note: MOT administers the PDS food ration 
card system.  End Note.)  Displaced persons will have the 
right to vote in their place of original residence unless 
they have already transferred their PDS food ration card to 
the governorate where they currently live.  As for 
out-of-country voting -- which includes voting for refugees 
-- parliamentarians voted that IHEC shall have the authority 
to formulate instructions for all out of country voting. 
 
Candidate Qualifications 
------------------------ 
 
¶8.  (SBU) Parliamentarians also agreed on rules for who may 
run as a candidate in the upcoming elections.  Candidates 
must be Iraqi citizens, legally competent and at least thirty 
years old.  Candidates must hold, at minimum, a secondary 
school certificate or equivalent.  Candidates must not have 
been convicted of a crime involving moral turpitude; may not 
be a member of the Armed Forces or security agencies at the 
time of candidacy; and shall not be covered by the provisions 
and procedures of the deBa'athification law.  Candidates 
should be able to prove, by a judicial order, that they have 
not illegally accumulated wealth at the expense of the nation 
and public funds.  Candidates may request the IHEC 
Governorate Electoral Office to provide him with the number 
of votes he received.  Members of the COR are entitled to 
access all information related to the electoral process and 
vote counting systems in the electoral districts. 
 
Provisions for Kirkuk 
--------------------- 
 
¶9.  (SBU) Parliamentarians then voted to accept the following 
special provisions for voting in Kirkuk.  The elections in 
Kirkuk and provinces and other governorates with disputed 
voter registries shall be conducted according to the 2009 
voter registry.  Provinces with disputed voter registries are 
those where the rate of population growth has exceeded 5 
percent annually.  A request to contest voter registries in a 
specific governorate must be presented by at least 50 
representatives and approved by a simple majority in the COR. 
 The COR shall form a committee for Kirkuk province, and each 
province with a disputed voter registry, that shall consist 
of representatives of that province, as well as 
representatives from the Ministries of Planning, Interior, 
Trade and the IHEC, with assistance from the United Nations. 
The committee(s) will review and verify errors and increases 
in voter registries in accordance with official data and 
criteria contained in the final provisions of this law to 
correct the voter registry.  The committee(s) will complete 
its work within a year of the date of its formation. 
Finally, the election results of Kirkuk province, or any 
province whose registries are questioned, before the 
Qprovince whose registries are questioned, before the 
verification process is complete, shall not be considered as 
a basis for any electoral process in the future or a 
precedent for any political or administrative status. 
 
¶10.  (SBU) MPs also agreed that the following standards shall 
be adopted as a basis for carrying out the special provisions 
for Kirkuk province.  The difference between the number of 
registered voters in the 2004 registry before it is updated 
and the number of voters registered in the 2010 elections 
shall be determined.  The verification process for additions 
in the years 2004, 2005, 2006, 2007, 2008, and 2009 shall be 
conducted by focusing on the following:  (1) Populations 
increases (births, deaths, transfer of registration from the 
province) from 2004 to 2009, (2) Returning displaced 
individuals according to official records, and (3) Any 
demographic changes during this period.  A scrutiny process 
shall be conducted to determine the validity and legality of 
records as well as any illegal cases. The difference shall be 
calculated and reflected in the number of seats.  The number 
 
BAGHDAD 00002979  003 OF 003 
 
 
of the Kirkuk members of the COR -- or a governorate with a 
disputed voter registry -- shall be determined through 
population ratios to be adopted by the Council after 
subtracting seats resulting from violations.  The correct 
numbers of the province's seats shall be allocated and any 
numbers of registered voters over the province's numbers 
shall be added to the national share. 
HILL