Roadmap for the Election of New Governors

Dr. Youssef Mohammed Sadiq

The local elections were held on December 18, 2023, after a ten-year hiatus. This was a clear boycott by broad segments of the population, some of which were political, such as the Sadrist movement, and others individual, driven by citizens’ discontent with the mismanagement of those in power for more than two decades since the fall of the previous dictatorial regime. Despite this, the electoral process this time proceeded without major complaints raising doubts about the results, and the process was welcomed internationally.
The Independent High Electoral Commission announced the final results of these elections at the end of last week, thus opening the door for early consultations between the winning blocs to enter into negotiations to form local governments. However, there is considerable ambiguity regarding how to validate the results of the local elections and the mechanisms for electing council heads, governors, and their deputies, due to the long hiatus in local elections on the one hand, and the numerous laws related to them, and their repeal or amendment, on the other. The following is a summary of the successive stages of the election process for council chairmen and governors in governorates not organized within the region:

First: Certification of Election Results
Unlike the Iraqi Council of Representatives elections, the results of provincial council elections are certified by the Board of Commissioners of the Independent High Electoral Commission. After the Commission announces the results on December 28, 2023, a three-day period is allowed for the submission of appeals (which ended on December 31, 2023). These appeals are adjudicated by the Election Judicial Authority in accordance with Article 19 of the Independent High Electoral Commission Law No. 31 of 2019, as amended, and Article 6 of the Electoral Complaints and Appeals System No. 8 of 2023, issued by the Board of Commissioners of the Independent High Electoral Commission, within a period not exceeding three weeks in most cases. The Board of Commissioners then ratifies the election results in accordance with Article 10/Seventh of the Independent High Electoral Commission Law No. 31 of 2019, as amended.

Second: The First Session of the Provincial Councils and the Election of the Council Chair
The first session of the Provincial Councils shall be held under the chairmanship of the eldest member upon invitation from the Governor within fifteen days of the date of ratification of the election results. If the Governor fails to call the session, it shall be held automatically on the sixteenth (16) day. The President and Vice President of the Provincial Council shall be elected by an absolute majority of the Council members, in accordance with Article (7/First) of the Law on Governorates Not Organized into a Region No. 21 of 2008, as amended.

Third: Election of Governors and Their Deputies
The governor and his deputies for governorates not organized within a region shall be elected, in accordance with Clause (Seventh) of Article 7 of the Law on Governorates Not Organized Within a Region No. 21 of 2008, as amended, within thirty days of the date of the first session of the governorate councils, by an absolute majority of council members. If no candidate obtains this majority, the governor shall be elected from among the two candidates who received the highest number of votes in the first ballot, by a majority of votes in the second ballot, provided that the quorum for the session is met, which is the presence of an absolute majority of members in the session, pursuant to Article 19 of the aforementioned law.
The following conditions must be met for a candidate for the position of governor and his deputies, in accordance with Articles 5 and 25 of the aforementioned law :
1. Must be a fully qualified Iraqi citizen, thirty years of age or older at the time of nomination.

Hold at least a university degree.
2. Have the basic qualifications necessary to lead an administrative institution.
Have at least (10) years of experience in their field of work, including experience in developing and implementing public policies and building economic, social, and environmental capacities.
3. Must be of good conduct and not have been convicted of a felony or misdemeanor involving moral turpitude.
4. Must be a citizen of the governorate, as registered in the civil registry, or have resided there continuously for a period of no less than ten years, provided that their residency is not for the purpose of demographic change.
5. Must not be a member of the armed forces or security institutions at the time of nomination.
6. Must not be subject to the provisions and procedures of de-Baathification or any other law replacing it.
7. Must not have gained illicit enrichment at the expense of the nation or public funds by a court order.

The provincial council may elect the governor and his two deputies from within or outside the council. The governor’s appointment shall be issued by presidential decree within fifteen days of his election date. He shall then assume his duties, in accordance with Article 26 of the Law of Governorates Not Organized into a Region No. 21 of 2008, as amended. The governor shall issue an appointment order for the two deputies within fifteen days of their election by the council, in accordance with Article 27 of the same law. It should be noted that the governor has no more than five assistants for administrative and technical affairs. They carry out the tasks assigned to them by the governor and work under his supervision, in accordance with Article 33 of the aforementioned law.

Fourth: Kirkuk Governorate
Kirkuk Governorate and other disputed areas represent a special case since the agreement on the Transitional Administrative Law, particularly Article 58 thereof, and the adoption of the permanent Iraqi Constitution in 2005, as stated in Article 140 thereof. Successive provincial council election laws have included specific provisions regarding the conduct of local elections in Kirkuk Governorate, such as Article 13 of Law No. 4 of 2023, the third amendment to the Law on Elections to the House of Representatives and Provincial and District Councils No. 12 of 2018. Clause (Fourth) of the aforementioned article states: “Power shall be shared with fair representation, ensuring the participation of the governorate’s components, regardless of the election results.” Therefore, fair representation of the components present in Kirkuk Governorate must be taken into account in the election of the provincial council chairman and his deputy, the governor and his deputies, and other local government positions in this governorate.

In conclusion, it must be stated that the above outlines the legal mechanisms and timelines for the process of forming local governments. There is no doubt that these legal timelines are contingent on political agreements between the winning blocs in these recent elections, especially in governorates where no political bloc was able to secure an absolute majority for the provincial council