Editor in Chief: Moh. Reza Huwaida Friday, March 29th, 2024

Draft Electoral Law Unveiled

Draft Electoral Law Unveiled

KABUL - Under a draft electoral law, political parties would compete for a third of parliamentary seats in provinces, with independent candidates running for remaining two-thirds of berths, an official said on Wednesday.
The draft law, finalized by the Independent Election Commission ('IEC), had been submitted to the Ministry of Justice for vetting, spokesman for the poll panel Noor Mohammad Noor told a news conference in Kabul.
Over the past 10 years, presidential and parliamentary elections were held in compliance with legislative decrees, which placed no restrictions on political parties' nominees and independent runners.

One article of the draft law says political parties will nominate two candidates for each seat in a particular constituency and send their names to the election commission within the stipulated time.
The candidates named by political parties will have to meet provisions of the law and the procedures set for independent contestants.

If a candidate fails to win a seat, announces a withdrawal, resigns or changes party, the commission will introduce another contender on the list who has secured many votes in the relevant constituency.
If a member of the Wolesi Jirga, provincial council, district council, municipality or local council dies, a by-election will take place on the vacant seat on condition that the office tenure is a year away from completion.
Noor said under the legislative decree, if a Wolesi Jirga member died, was killed or stood down for any reason, his/her seat would remain vacant.

The draft law says candidates are bound to pay money in guarantee in line with the required procedure." A presidential candidate has to pay 2.5 million Afghanis. In case of his/her success or winning at least 5 percent of votes, the minimum required number, the candidate will get back the money."
Similarly, a Wolesi Jirga candidate has to pay 30,000 Afghanis, refundable if he/she secures at least two percent of votes. But the money paid by political parties' nominees will be returned if they bag four percent of the ballots.

Under the legislative decree, a presidential candidate receives the money paid if he wins 10 percent of the votes and a Wolesi Jirga candidate has to poll three percent.
Municipality candidates in large provinces will have to pay 100,000 Afghanis and in other provinces 12,000 to 50,000 afs. Candidates for village council and municipality council polls have to pay from 2,500 to 20,000 afs.

The money paid would be returned if a candidate gets two percent of ballots.
The draft electoral law says candidates failing to secure the minimum number of votes will have their money confiscated. It asks the Central Statistics Office (CSO) to submit a detailed report on population figures to the IEC after being approved by the Cabinet.

The draft says at least 25 percent seats in each, district and local council have been reserved for women.
If procedures and rules in a constituency are not respected, the IEC and the Electoral Supervisory Commission (ESC) will call a fresh election. In the legislative decree, the ESC is referred to as Election Complaints Commission (ECC).

The draft says voters, candidates, observes, political parties and civil society activists can register complaints of irregularities with IEC. Election results will be approved and announced by the ESC after evaluating all the complaints.
It adds the ESC has to be created at least 120 days ahead of elections to monitor irregularities and other issues. The process will be carried out by ESC deputy head, Independent Human Rights Commission (IHRC) deputy chief, members of civil society and UN officials of Afghan origin under the supervision of IEC chief.

The ESC -- created in line with a decree from the president -- will include two members from the Supreme Court, as many from the United Nations and one from the Independent Human Rights Commission (IHRC). Any decision made by ESC regarding electoral complaints will be final.
The proposed law says Wolesi Jirga and ""'Meshrano Jirga administrative boards' elections be conducted by the election commission, which will initiate a procedure in line with a law that does not contradict internal procedures of parliament.

The president can call a general election, keeping in view the prevailing political, economic and social issues. But a decision on the issue will be referred to the IEC at least three months before the vote takes place.
IEC chief Fazal Ahmad Manawi said the draft electoral law is appreciably different from the legislative decree in terms of content. The draft law could be enforced after being approved by parliament and the president. (Pajhwok)