The Electoral Law for Parliamentary Elections

Law for the Elections of the Islamic Consultative Parliament [Majles]

 

Chapter 1: General Principles 

Article 1

The elections for the Islamic Consultative Parliament [Majles] takes place according to the stipulations of this law. The government is required to organize elections such that the election date for the next Majles is before the end of the previous term. Hence, the country will never be without a Majles.

Clause.  The meaning of the word “Majles” in this law is the Islamic Consultative Assembly or Parliament.

Article 2

The number of representatives in the Islamic Consultative Parliament is 290 people. Any increase in this number will be based on Principle 64 of the Constitution.

Clause.   From the total number of representatives, five people will be allocated to religious minorities as follows:

Zoroastrians and Jews each have one representative. Assyrian and Chaldean Christians collectively have one representative. Southern and Northern Armenian Christians each have one representative.

Article 3

The Guardian Council has the responsibility for monitoring the elections of the Islamic Consultative Parliament. Monitoring has two forms: 1) estesvaabi [proactive supervision: meaning that in addition to observation, the monitoring includes the right to make legally binding interventions], and 2) general monitoring. This monitoring occurs during all stages and regarding all affairs of an on-going election.

Article 4

In case more than one year remains in the Majles term, mid-term elections will occur in electoral districts lacking representatives. If the number of active Majles representatives reaches less than four-fifths of the total number of seats, and six months remain to the end of the term, mid-term elections will be held.

Article 5

Officials from the Interior Ministry, provincial governor’s office [Ostandari], and county governor’s office [Farmandari], and district governor’s office [Bakhshdari], will represent the Interior Minister, provincial governor, county governor, and district governor, respectively, in implementing this law.

Article 6

Regarding official employees of the government (including military and national service); government or government-affiliated organizations, companies, and institutions; public institutions; and municipalities, who become Majles representatives: after being elected and receiving their credentials [e’tebaar naameh], their term of office will be considered as part of their government employment history. During their term as MP, they will only receive the salary as Majles representatives.

Clause.  The years in office as Majles representative will be considered as part of the government employment history of those MP’s who, during their time in office or after, are employed by [other] government entities or affiliates.

Chapter 2: Quality of Election

Article 7

The elections will be direct, public, and by secret ballot.

Article 8

Election of a representative in the first stage depends on receiving a majority of at least one-fourth of the total vote.  In the second stage and in mid-term elections, it is by obtaining a relative majority by any measure.

Clause 1.   In case the vote count of two or more candidates is equal, a lottery will determine the election of one or more individuals amongst them. The lottery will occur in a joint meeting of the Executive and Supervisory Boards of the center of the electoral district. The indicated candidates and/or their representatives may be present at the lottery draw.

Clause 2.   In case the elections of one or more electoral district is suspended or voided altogether, and/or the credential letters of candidates-elect are not approved by the Majles, the Interior Ministry – in coordination with the Guardian Council – is required to organize an election simultaneously in all aforementioned electoral districts. This must occur within at most seven months from the election date. The seven-month period will be calculated based on the date when the situation of the last electoral district with suspended elections was specified.

Clause 3.   If, because of death, resignation, and/or any other reason, one or more electoral district loses its representative, the Interior Ministry is required to organize an election in the indicated electoral district within seven months of the announcement by the Parliament. It must do so in coordination with the Guardian Council.

Clause 4.   Candidates-elect in the electoral districts whose Credential Letters are rejected by the Parliament for lack of personal qualifications cannot run again during that same Majles term.

Article 9

If, in the first round of the election, one or several candidates do not receive at least one-fourth majority vote, the election will proceed to a second round. This means that, of the candidates who did not obtain a relative-majority of at least one-fourth the vote, only twice the number of necessary representatives will participate in the second round.

These will be candidates who received the highest number of votes during the first round.

If the number of candidates who remain [after the first round] is less than twice the number of necessary representatives, all of them will participate in the second round of the election.

Clause 1.   If the number of candidates remaining is equal or less than the number of representatives required, the second round election will not occur, and the candidate that obtains at least one-fourth of the total vote will be elected to the Majles.

Clause 2.  No candidate can register to run in more than one electoral district. If any do so, their candidacy is completely invalidated and they are excluded from any form of participation in Majles elections for that term.

Clause 3.   The Interior Ministry will determine and announce the date of the second round of elections in coordination with the Guardian Council. It will do so within one month after the results of the first round elections have been announced and the Guardian Council has confirmed the accuracy of the results.

Clause 4.  All voters in the second round may participate exclusively in the electoral districts in which they voted in the first round. However, individuals who did not vote in any electoral district in the first round may participate in any district during the second stage.

Clause 5.  During mid-term elections of each Majles term, the only people who have the right to vote in an electoral district are those who voted in that electoral district in the original election of that term; and/or have not participated or voted in any electoral districts during the original election.

Article 10

At every election stage, any eligible voter may vote only once upon presentation of his/her birth certificate [as identification].

Clause 1.   Voting in prisons, military bases, and hospitals is also only possible with the presentation of a birth certificate.

Clause 2. The birth certificate of the voter will be stamped.

Clause 3. Voting will occur across all electoral districts in the nation on the same day, for at least 10 hours and it can be extended if necessary.

Clause 4. The Interior Minister is responsible for determining the necessity and duration of voting hour extension in one district or nationally.

Clause 5. Voting must occur on an official holiday.

Article 11

If requested, all ministries, legal institutions, organizations, and offices, government organizations and affiliates, municipalities, and public institutions are required to place their workers and other facilities at the disposal of the Interior Ministry, provincial governors [Ostandaran], county governors [Farmandaran], and district governors [Bakhshdaran] until the completion of the election.  Needless to say, the period of cooperation between the indicated employees and the Interior Ministry will be considered as a period of special assignment for those employees.

Clause 1.   If requested, all the above-mentioned institutions and organs are required to make their workers available to the Guardian Council or boards appointed by it for the purpose of supervising the election. Likewise, the Interior Ministry, provincial governors, county governors, and district governors are required to make any necessary facilities available to the Guardian Council.

Clause 2.  Special assignment pay for the aforementioned workers will be calculated and paid by their respective organizations.

Article 12

Elections for representatives of Zoroastrian, Christian, Assyrian, Chaldean, and Northern Armenian religious minorities will be conducted by the county and district governors of the areas where those minorities reside with central management from the electoral district of Tehran governor’s office.

The elections for Southern Armenians will be conducted by the county and district governors of the areas where this minority resides with central management from the electoral district of the Esfahan governor’s office.

Article 13

In case another election is being held at the same time as the Majles elections, by order of the Interior Ministry, one registration and voting station will be used for both elections with the same poll workers but with separate ballot boxes.

Article 14

The Islamic Republic Radio and Television Broadcasting [Seda va Sima-ye Jomhourie- Eslami] is required to air educational programs relating to the elections that either the Interior Ministry or the central Supervisory Board, appointed by the Guardian Council, deem essential. In addition, they must explain the role of the Majles and the duties of its members. Likewise, they are required to broadcast all declarations and notifications relating to the elections on the national channel or local channels of the Islamic Republic of Iran Radio and Television Broadcasting.

Article 15

By the determination and recommendation of the Interior Ministry and approval of the Guardian Council, Majles elections in electoral districts that have suffered natural disasters – such as floods, earthquakes, war, etc. – will be held in cities where refugees have taken shelter, and if possible, also in the affected electoral districts.  The public will be informed of the details.

Clause.  Special registration and voting stations of the aforementioned electoral districts will be set up in the surrounding counties where there are at least 2,500 refugees within the limits of the county who have settled and have no possibility of returning to their own electoral district due to the aforementioned emergency situation.

Article 16

Within the limits of the law, security personnel are responsible to preserve order and prevent any form of disturbance in the elections.  They are also responsible for the protection of the ballot boxes. They do not have the right to intervene in executive or supervisory affairs of the elections.

Clause.  In case the security forces need reinforcement, the military can assist them upon the approval of the legally qualified authorities.

Article 17

Courts with the appropriate jurisdiction must investigate all cases of election violations and fraud as immediate and extraordinary cases-regardless of their position on the court docket.

Article 18

In the following situations, with the confirmation of the Supervisory Board of the affected electoral district, voter ballots will be invalidated.  The votes will, however, still be counted towards the final vote count. Details will be reported in a set of minutes. The minutes will mention all such votes and the physical ballots will be attached to the minutes:

      1. The ballot is illegible

      2. Votes that have been obtained via buying or selling.

      3. Ballots that are completely filled with names other than the qualified candidates.

      4. Blank ballots.

 Clause.   In electoral districts where the number of necessary candidates is more than one, only illegible names [on the ballot] will be disqualified.

Article 19

In the following situations, with the confirmation of the Supervisory Board of the relevant electoral district, voter ballots will be invalidated and they will not be counted towards the final vote count. Details of all these ballots will be reported in the minutes and the aforementioned ballots will be attached to the minutes:

      1.The ballot box does not have the official seal and stamp of the election.

      2. Votes that are in excess of the total number of registration papers.

      3. Votes of people who have not reached the age of voter eligibility.

      4. Votes cast by using the birth certificate of someone who is deceased or is non-Iranian.

      5. Votes obtained through manipulation or deception (in the ballots, votes, or counting).

      6. Votes cast using a different or fake birth certificate.

      7. Repeat votes.

      8. Votes cast using the birth certificate of someone not present at the ballot box.

      9. Votes that lack the official stamp of the election.

     10. Votes that have been obtained by way of threat.

     11. Votes that have been written on a paper other than the official ballot.

Clause 1.   All votes that are listed in the meeting minutes, but whose corresponding ballot boxes do not contain the registration papers or ballots, are invalidated and are not counted towards the final vote.

Clause 2.   The excess votes mentioned in line 2 (The vote is in excess of the total number of ballots) will be deducted from the total vote ballots by lottery.

Article 20

If names of people who are not official candidates are written on the ballot in addition to the names of official candidates, that ballot will not be invalidated, and only the extra names will be ignored.

Clause 1.  If a candidate’s name has been written more than once on a ballot, it will be counted as only one vote for him/her.

Clause 2.  If some votes placed in the ballot box cannot be recognized and distinguished from each other because of similarity between candidate names, then the total number of votes in that ballot box will be divided evenly amongst the candidates whose names can’t be distinguished. For the remaining vote or votes that can’t be divided, a lottery will determine how to distribute them.

Clause 2 Repeated.   To facilitate the supervision of; to preserve the true votes of the people; and to prevent the violation of the rights of the candidates, the following rule applies:

If a candidate is unfamiliar and unknown in an electoral district, but his last name (or first and last names) is similar to the last name (or first and last names) of a prominent and well-known candidate in that same district, there must be an identifier – like a number (code), occupation, area of residence, father’s name, etc. – to distinguish the lesser-known candidate. That identifier must be included on official publications of the list of candidates. Any vote that does not specify that identifier will not be counted for either candidate.

The aforementioned person can include the identifier in his own electoral advertisements.  If one of the candidates ends his campaign before election day, the other can announce in a newspaper or through a statement that he is still running in order to avoid confusion.

Clause 3.   In cases where two elections are ongoing at the same time, if ballots are cast mistakenly in the wrong box, before anything else, those ballots will be transferred to the appropriate ballot box in the presence of Guardian Council monitors, and afterwards the legal process will be initiated.

Article 21

If the number of names written on a ballot is greater than the number of names necessary, the excess names will not be counted, starting with those at the bottom of the ballot.

Article 22

Before the start of voting, the ballot boxes will be emptied, closed, and sealed with the seal of the Supervisory Board of the electoral district, in the presence of representatives of the Supervisory Board. Before the start of voting, minutes will be drafted at the poll, in which the representatives of the Supervisory Board for the electoral district certify the number of ballot boxes as well as their being empty. If, during the actual voting, the need arises to add an extra ballot box, it must follow a similar process and must be included in the minutes.

Article 23

In consideration of its responsibilities, the Interior Ministry is required to inform the public of all issues related to the elections during the course of the elections.

Article 24

The county and district governors of the centers of electoral districts are required to confirm the vote results with the Supervisory Boards in their electoral district immediately following the end of voting and the counting of the votes. They must then transmit a set of minutes to the Guardian Council and the Interior Ministry detailing the results. Afterwards, they can announce the results via the mass media.

Article 25

The Interior Ministry is the responsible authority for implementing the Majles Election Law and is responsible for the integrity of the elections. For this purpose, the Interior Ministry can dispatch officials for inspecting and controlling the elections process at the electoral districts or the voting and registration branches.

Clause 1.   No institution or apparatus other than the Interior Ministry and the Guardian Council (under the auspices of implementing the elections law or supervision) is allowed to intervene in election affairs or dispatch officials or inspectors.

Article 26

After the end of the elections, five copies of minutes detailing the results and bearing the signatures of the central Executive Board of the election district and the Supervisory Board of the relevant electoral district will be produced. One copy will remain with the central Executive Board of the electoral district, and the rest will be transmitted to the aforementioned Supervisory Board, the Interior Ministry (two copies), and the central Election Supervisory Board.

Chapter 3: Voter and Candidate Eligibility

Article 27

Voters must meet the following criteria:

1.      Citizenship in the Islamic Republic of Iran.

2.      At least 15 years of age.

3.      Being of sound mind.

Article 28

Candidates must meet the following criteria when they register:

1.    Belief in and practical obligation to Islam and the holy system of the Islamic Republic of Iran.

2.    Citizenship in the Islamic Republic of Iran.

3.    Expressed loyalty to the Constitution and progressive principle of the Absolute Guardianship of the Jurisprudent [Velayat-e Motlaq-e Faqih].

4.    A document proving possession of at least an Associate’s degree [fogh-e diplom] or equivalent.

5.    Not having a bad reputation in the electoral district.

6.    Physical health such that they at least enjoy the blessings of vision, hearing, and speaking.

7.    At least thirty years of age and at most seventy-five.

Clause 1.  As stated in the Constitution, religious minority candidates are exempted from the requirement of “a practical obligation to Islam” mentioned in the first line.  Instead, they must prove belief in their professed religion.

Clause 2.   People who have previously served as representatives in the  Parliament in the past are exempt from obligation 4.

Article 29

The persons listed below are prohibited from candidacy by virtue of their occupations:

A.  The persons listed below are deprived of the right to register as a candidate across the nation, unless they resign their post at least two months prior to the election and are not employed in that position in any form:

1.      The President and his advisors and deputies.

2.      The Secretary General of the Expediency Council [Majma’-e Tashkhis-e Maslehat-e Nezam] and his deputies.

3.      Deputies and advisors to the President.

4.      Chiefs-of-Staff of the heads of the three branches of government (executive, legislative, judicial).

5.      Cabinet-level ministers and custodians of ministries.

6.      Deputies and advisors of the ministers.

7.      Directors-general and custodians of the general offices of the ministries; Directors-general of various ministry domains; the chiefs-of-staff of ministers.

8.      Members of the Guardian Council and the central Supervisory Board for the elections.

9.      Head of the Judiciary and his deputies and advisors.

10. The Chief Justice of the Supreme Court and his deputies and advisors.

11. The Attorney General of the country and his deputies and advisors.

12. The head of the Court of Administrative Justice and his advisors and assistants.

13. Head of the National Audit Organization and his deputies and advisors.

14. Directors and custodians of organizations, general offices, and political-ideological offices of the armed forces of the Islamic Republic of Iran and their representatives and assistants throughout the country.

15. Director of the Islamic Republic Radio and Television Broadcasting and his deputies.

16. Director of the Red Crescent Society of the Islamic Republic of Iran and his deputies.

17. Provincial governors.

18. Deputies and Assistants to provincial governors.

19. County governors.

20. District governors.

21. Mayors and heads of municipal districts.

22. Directors and custodians of government organizations.

23. Members of the Board of Directors and CEO’s of banks.

24. Members of the Board of Directors and CEO’s of government or government-affiliated companies whose domains of rights and responsibilities are determined by the public.

25. Director of the Central Bank of Iran and his advisors and deputies.

26. Directors and custodians of Foundations (of the Oppressed [Mostaz’afaan] Martyr [Shahid], 15 Khordad, Housing [Maskan]); Imam Khomeini Assistance Committee; Literacy Campaign [Nehzat-e Savad Aamouzi]; Islamic Promotion Organization [Sazeman-e Tablighat-e Eslami]; the public relations office of the Qom Seminary; Director of the Organization for Prosecuting Economic Fraud [Sazeman-e Ta’ziraat-e Hokoumati]; directors of the Chambers of Commerce, Industries, Mines, and Cooperatives, and their deputies and advisors.

27. Those employed by the armed forces and the Intelligence Ministry.

B.  The following individuals are prohibited from candidacy in election districts that are under their jurisdictions unless they resign their posts two months prior to registration and are not involved in that post in any manner:

1.      Permanent Friday prayers leaders.

2.      Judges.

3.      Directors-general, custodians, and their deputies of general offices of provinces.

4.      Directors-general, custodians, and their deputies of general offices of provincial governors.

5.      Directors and custodians of government organizations and offices and affiliates and their provincial and township deputies.

6.      Directors and custodians of universities and higher education institutions-whether governmental or non-governmental-and directors and custodians of their branches and units.

7.      Members of the board of directors and CEO’s of government and government-affiliated companies in provinces and towns.

8.      Regional custodians and branch directors of banks in provinces and towns.

9.      Custodians of offices of the Islamic Promotion Organization in provincial capitals and towns.

10. Managers of Islamic Republic Radio and Television Broadcasting centers.

C. Members of election Executive Boards and supervisors of the Guardian Council in the elections district under their jurisdiction.

Clause 1.  All officials holding offices that are equivalent to the offices mentioned in section A and B are subject to this article.

Clause 2.  Regarding those whose resignation-based on the laws of employment or obligations of their service-is conditional upon acceptance by relevant officials, acceptance of the resignation is a pre-condition [for candidacy].

Clause 3.  During candidate registration, it is required to present a document demonstrating official acceptance of the resignation and non-employment at the positions, offices, and jobs indicated in section A and B of this article two months prior to registration.

Clause 4. At least three months prior to registration of candidates, the Interior Ministry is required to inform the general public of [these] requirements via the mass media.

Article 30

The following are deprived of the right to candidacy for the Parliament:

1.      Individuals who played a significant role in strengthening the foundations of the previous regime.

2.      Large land owners who have registered unoccupied lands under their own names.

3.      Organizational affiliates and supporters of political parties, organizations, and groups that have been declared illegal by the relevant authorities.

4.      Individuals that have been convicted of efforts against the Islamic Republic of Iran.

5.      Those convicted of apostasy by a qualified judiciary court.

6.      Those reputed for corruption and debauchery.

7.      Those convicted of breaking Sharia law unless there is proof of their repentance.

8.      Drug traffickers and addicts.

9.      Those restricted by law from property/wealth ownership [mahjoorin] and those who are subject to Principle 49 of the Constitution as determined by the courts. [translator’s note: Principle 49 of the Constitution allows government confiscation of wealth accumulated by usury, embezzlement, and other illegal means]

10. Those related to the previous regime such as members of city and town councils, affiliates of Freemason organizations, board of directors of branches of the Rastakhiz and Iran-e Novin political parties and their active members, representatives of the Senate Parliament, members of the National Assembly, and Savak [secret police] officials.

11. Those convicted of theft, treason, embezzlement, and bribery; usurpation of others’ property; and taking financial advantage, as determined by qualified courts.

Chapter Four: Executive Board

 

Article 31

Immediately after the Interior Ministry issues the directive for the start of the elections, county or district governors of the center of the election district will order the formation of Executive Boards for the peripheral electoral districts to the county or district governors of the peripheral electoral districts.

Within six days, they themselves are required – in the presence of the Supervisory Board of the Guardian Council – to form the election Executive Board in the center of the election district: to be headed by the county or district governor and with membership by the director of the registrar’s office of the center of the election district and nine trusted citizens [mo’tamedin]-as described in article 32.

Clause.  In towns and districts that have an Islamic council, one member of the council, as elected by the council, will be one of the indicated trusted citizens.

Article 32

The county or district governor of the center of each election district will recommend 30 local trusted citizens to the responsible Supervisory Board for the purpose of selecting principles and reserve trusted citizens for membership in the Executive Board (the subject of article 31).  These trusted citizens must be residing in the area or be residents who have at least five years’ history of living in the election district.  They may be from all social groups deemed eligible by this law.

The indicated Supervisory Board will issue its written decision regarding their qualification to the county or district governor within a maximum of three days.

The county or district governor of the center of the election district will immediately invite, in writing, the 30 trusted citizens confirmed by the Supervisory Board.  Within a maximum of two days from the date of the invitation, the nominees will hold a meeting.  In the presence of at least two-thirds of the nominees (20 people), as well as the Supervisory Board, the nominees will select from amongst themselves nine individuals as principle trusted citizens and five as reserves for the Executive Board.  These selections are made by hidden vote and a relative majority of the votes.

Clause 1.  If the Supervisory Board does not confirm the trusted citizen nominated by the county or district governor of the center of the election district, the indicated county or district governor is required to nominate twice as many qualified individuals [for this purpose] to the Supervisory Board.  The Supervisory Board is then required to announce its decision in writing within a maximum of 24 hours. If, for a second time, the proposed nominees are not confirmed by the Supervisory Board, and if there are at least 20 qualified individuals, they will select principle and reserve members from among themselves.

In case there is no agreement between the county or district governor and the town Supervisory Board, the provincial Supervisory Board, in coordination with the provincial governor, will select, within 24 hours, the remainder of the 30 trusted citizens.

Clause 2.  The trusted citizens of this article must have faith and practical allegiance to Islam (except in religious minority districts), the Constitution, a good reputation, and literacy. They must not have been active elements in strengthening the previous regime and not be affiliated with illegal groups.

Clause 3.  The number of members of the Executive Board for the central election district and the peripheral election districts, as well as the quality and time provided for their formation, must be the same.

Clause 4. County or district governors of the election district are required to exclude individuals from lists of nominated trusted citizens or voting poll staff who have broken the law in previous elections in their capacity as members of the Executive Boards or voting poll staff.

Article 33

No members of the Executive Board, supervisors of the Guardian Council, and staff of voting and registration branches may have any familial relationships with the candidates in the election district according to the following:

A.     Direct family relations: father, mother, children, siblings.

B.      Indirect family relations: spouse and his/her father, mother, siblings.

Article 34

After accepting membership, members of the Executive Board are required to participate in meetings, sign the meeting minutes and credentials of those elected, and perform other legal responsibilities.

Clause 1.  If either the county or district governor of the election district, or the director of the registrar’s office, fail to attend the meetings, the Executive Board is required to report the instances in the meeting minutes to a superior executive authority and request a decision [on how to proceed].

Clause 2.  In case of absence of the county or district governor of the election district, or the director of the registrar’s office, or emergence of any problems or disputes in the Executive Board that result in the interruption of the elections, the Supervisory Board is required to report the incident immediately to the superior Supervisory Board and request a decision [on how to proceed].

Clause 3.  The Executive Board is required to report any absences by members, including the reason for the absence, to the Interior Ministry in its meeting minutes and work reports.

Article 35

During the elections, whenever one or more trusted citizens of the Executive Board are not present during two consecutive or four total meetings of the Executive Board, or resign their post, and/or prevent the Executive Board from forming a majority, in their place and according to the number of votes received, reserve trusted citizens will be invited by the county or district governor. If, with the invitation of reserve members a majority is still not formed, members will be provided from the pool of the rest of the trusted citizens (up to 30 people).

Article 36

Peripheral Executive Boards will hold a meeting immediately after the selection of the trusted citizens and will determine the number and location of registration and voting branches.  This will be reported to the county or district governor of the center of the election district to be proposed to the Executive Board of the center of the election district.

Article 37

The meetings of central and peripheral Executive Boards will be official with the presence of two-thirds of all members, and decisions are reached with absolute majority of those present.

Clause.  A vote to abstain will count as a vote against [a measure].

Article 38

The Executive Board of the center of the election district, after deciding upon the locations for registration and voting branches in the center of the election district; and evaluation and confirmation of the proposals by the peripheral Executive Boards regarding the number and locations of their registration and voting branches; will initiate the publication of the election bulletin nine days prior to the election.  This will include the following: the date, hours, voter eligibility, penalties, violations, penal code, and location of registration and voting branches throughout the election district.

Clause.  With the approval of the Interior Ministry, the nine-day period may be reduced to seven days in case certain difficulties arise.

Article 39

The county or district governor of the center of the election district is required to forward three copies of the bulletins published throughout the election district to the Interior Ministry. One copy of these bulletins will be forwarded by the Interior Ministry to the central election Supervisory Council selected by the Guardian Council.

Article 40

After publication of the elections bulletin, the Executive Board of the center of the election district and the peripheral districts will select five individuals (and for high volume locations, seven individuals by decision of the Executive Board) from the neighborhood, trusted citizens (who have the ability to read and write) for each voting and registration branch and will introduce them to the county or district governor for issuing the directive [for them to take up their posts].

Clause 1.  Staff of voting and registration branches will select from amongst themselves one chief, one deputy chief, and all other members as secretaries, and must arrange such that one day prior to the election, the station is prepared for voting.

Clause 2.  Location of voting and registration branches printed in the elections bulletin is not subject to change unless setting up the poll or continuing its function at the pre-determined site becomes impossible due to unexpected events or any other reason. In this case, the conditions and reasons for changing the voting and registration branch location is written up by the Executive Board and the supervisors of the Guardian Council, and the new voting and registration-within the shortest possible distance to the previous branch-will be established in a way that will not interrupt access by the voters and will not disrupt identification of the location of the branch as a voting poll.  The transfer of the branch location must be announced to the residents of the neighborhood.

Clause 3.  Establishing voting and registration branches in museums is not permitted.

Article 41

The county or district governor for the center of the election district is required to appoint a representative to each voting and registration branch. He may do this directly or by relegating authority to the county or district governor of peripheral election districts.

Article 42

Election Executive Boards are responsible for the validity of the elections process in their election district.

Clause.  If deemed necessary for the proper administration of voting in the second round, and by consent and approval of the central elections Supervisory Board, the Interior Ministry will issue an order for selection of new trusted citizens for the Executive Boards of an election district.

Article 43

All election affairs of the central district will be administered by the Executive Board of the township election district.

Article 44

With the approval of the Executive Board of the center of the election district, the peripheral Executive Boards may form mobile voting polls for difficult to reach, mountainous, and long-distance regions, as well as  destinations where establishing voting branches is not possible.  The Executive Board of the center of the election district may also, if it finds it necessary, undertake the establishment of mobile polls in the center of the election district and central district; and in both instances, the Supervisory Board must be informed and also, a representative from the Supervisory Board must be confident of the mobile ballot box and to state and confirm the route of the ballot box in the meeting minutes.

Chapter Five: Announcing Candidacy and Reviewing Candidate Eligibility

Article 45

Within seven days from the date of the Interior Ministry directive for the start of the elections, candidates for Majles representative must receive, complete, and submit the special questionnaire for announcing MP candidacy at the county or district governor’s offices of the election district.

The requirements will have previously been announced to the public by the Interior Ministry via the mass media, and county or district governors are required to inform all residents of the election district by the appropriate means.

Clause 1.  Eligible candidates for Majles representative who live abroad must, in addition to going to the embassy, consulate, or associated political office, fill out their candidacy questionnaire in the presence of the qualified personnel of the embassy, consulate, or associated political office.  The embassy must forward the contents of the questionnaire and the complete personal information of the candidate to the Interior Ministry via the Foreign Ministry by telex or the fastest telecommunications method so that-within the legally designated time limit-a legal action will be taken by the Executive Board of the election district in regards to investigating his qualifications.

Clause 2.  Candidates may receive the candidacy form from the Interior Ministry and, after completion, present it at the Interior Ministry.  The Interior Ministry is required to immediately report the details to the county or district governor’s office of the appropriate election district.

Clause 3. Within a maximum of three days after the end of the registration period, a copy of the candidacy form and birth certificate, and two photos of all candidates will be forwarded to the central Supervisory Board by the Interior Ministry.

Article 46

Each candidate may personally and in writing announce his/her withdrawal from the election to the county or district governor’s office of the center of the election district or the Interior Ministry.  The details of the withdrawal will be reported immediately by the Interior Ministry to the central Supervisory Board.  Rescinding of the withdrawal will not be accepted.

Article 47

The county or district governor of the center of an election district is required to report, by the fastest method available, the complete personal information of the candidates in their election district to the Interior Ministry on a daily basis based on the contents of the questionnaire.

The Interior Ministry is also required to forward a copy of the complete personal information of the candidates to the central Supervisory Board on a daily basis.

Article 48

After receiving the personal information of the candidates, the Interior Ministry and the Guardian Council will draft a complete list of them on a daily basis.  The names will be forwarded to the Intelligence Ministry, Prosecutor General, National registrar’s office, Office of Validating Identity, and the International Police for the purpose of background checks to aid in determining candidate eligibility as indicated in this law. Within five days, the indicated centers are required to announce the results of the background checks-with evidence and documentation-to the Interior Ministry and Guardian Council.

Clause.  If necessary, the Interior Ministry may take finger prints from Majles candidates.

Article 49

After receiving the results of the background check from the authorities indicated in article 48, the Interior Ministry is required to report the details to the county or district governors of the centers of election districts in an appropriate manner.  These governors are required to raise the issue-including the exact documentation and results of background checks-in a joint meeting of the Executive Board and the Supervisory Board of the center of the election district.

Article 50

The Executive Boards at the centers of election districts are required, based on the results obtained by necessary on-site investigations, and also based on the reported [background check] results from the Interior Ministry, to review the eligibility of candidates in terms of the qualifications outlined in this law, and to report the full results to the Supervisory Boards.  This must be done by a maximum of ten days after the registration deadline.

Clause.  Rejection of candidates must be based on the law and based on legitimate documentation and records.

Article 51

County or district governors at the centers of election districts are required to issue the opinion of the Executive Board, including the legal justification, to the disqualified candidates within one day.  Also, they are to inform the provincial Supervisory Board-including all documents and records as attachments-via the fastest means available.

Clause.  Disqualified candidates have the right to make their appeal (including its justification) to the provincial Supervisory Board within four days of receiving the result.

Article 52

Reports and appeals will be reviewed within seven days after the deadline for appeals in a meeting of the provincial Supervisory Board.

The result will be written up in the minutes of the meeting.  If the provincial Supervisory Board confirms the opinion of the Executive Board regarding the disqualification of the candidate, the indicated Supervisory Board is required to seek the opinion of the central Supervisory Board as well regarding this matter.

The provincial Supervisory Board will also issue its opinion regarding the qualification of the other candidates to the central Supervisory Board.

Clause 1. After receiving the opinion of the central Supervisory Board, the provincial Supervisory Board is required to report the details of the confirmation or rejection of all candidates (including the legal justification) in a set of meeting minutes to the county or district governors.

Clause 2.  The county or district governor is required to report the opinion of the central Supervisory Board (received via the provincial Supervisory Board) regarding the confirmation or rejection of candidates to the candidates so that, in case of a complaint against the decision, they can appeal in writing to the Guardian Council.

Clause 3. In case the opinion of the central Supervisory Board is to disqualify candidates whose candidacy has been confirmed by the Executive Board of the center of the election district, the candidates can submit their appeal to the Guardian Council.  The Guardian Council will announce its final and binding decision regarding acceptance or rejection of candidates to the Interior Ministry within 20 days of the decision by the central Supervisory Board.

Article 53

If, while investigating the qualifications of candidates or performing their other duties, the trusted citizens of an Executive Board are found to have deviated from their legal obligations, the county or district governor is required-with the knowledge and approval of the central Supervisory Board of the election district, and the knowledge of the Interior Ministry- undertake a process to replace individual trusted citizens of the Executive Board-or form a new Executive Board altogether.  Replacing individual members or altogether replacing the indicated Executive Board will be done according to articles 32 and 35 of this law.

Article 54

In cases where, according to reports and complaints and objections received by the Guardian Council, it is determined that members of an Executive Board have broken rules and regulations, the Guardian Council is required to take legal action that is appropriate and equivalent to the violations.

Article 55

Each candidate individually-or several candidates jointly-may introduce to the Supervisory Board of the election district one representative for the voting branches.  This will be done according to the following:

A.     Elections districts that elect one MP: one representative per each ballot box.

B.      Election districts that elect two MP’s: one representative per two ballot boxes.

C.      Election districts that elect three MP’s: one representative per three ballot boxes.

D.      Election districts that elect four MP’s: one representative per four ballot boxes.

E.      Election districts that elect five MP’s: one representative per five ballot boxes.

F.      Election districts that elect six MPs: one representative per six ballot boxes

Additionally, proportionate to the number of MPs in each election district, one representative per that number of boxes.  These representatives may be present on site at the polling station.  If there is a violation at the polling station, without interfering, they will report in writing the details to the Executive and Supervisory Boards of the district or the town centers.

Presence of these observers from each of the candidates is acceptable until the end of voting hours, counting of the votes, and drafting of the minutes.  Preventing the candidate representatives at the polling stations is illegal and considered a crime, and violators will be prosecuted based on article 83 of this law.

Clause.  The presence of individuals other than officials (officials and staff of ballot boxes; supervisors of the Guardian Council; representatives and inspectors of the Interior Ministry; and representatives of candidates) at the polling stations is prohibited under all circumstances, and is considered illegal.  Security officials and other authorities at the polling station are required to prevent the presence of unauthorized individuals.  Violators are subject to punishments outlined in article 75 of this law.

Chapter Six: Campaigning

 

Article 56

Election campaign activities of candidates will start eight days prior to election day (first and second stage) and may continue until 24 hours prior to the start of the election.

Article 57

Use of any kind of placard, poster, writing on walls, campaign caravans, roaming loudspeakers outside of speech areas, and similar things (not counting photos for pamphlets, biographies, and leaflets, and also speeches and Q&A’s from the candidates and their supporters) are prohibited.

Violators of this article will be subject to three to 30 days in jail.

Clause.  Announcing opinions by well-known personalities [shakhsiatha] in support of candidates is only allowed on the condition that their title and office is not mentioned and the related written document with their signature has been presented to the election Executive Board.

Article 58

No one has the right to tamper with, tear, or destroy campaign notices of candidates that have been attached at permitted locations during the period of legal campaigning.  This act is considered a crime.

Article 59

Starting from the date of the official announcement of Majles candidate names, the following will be prohibited:

Any campaign activity by the Islamic Republic Radio and Television Broadcasting; by Friday prayer leaders; or by any other facility that has an official and governmental capacity. Any campaign activity by government employees during working hours.  Utilizing facilities and resources of ministries and offices, government companies, and companies, organizations, and institutes affiliated with the government and municipalities, and units and institutes that use a public budget (of any amount).  Providing any of these facilities and resources is prohibited and violators will be considered guilty.

Clause 1.  Institutions and entities whose assets come from public property, such as the Foundation of the Oppressed [Bonyad-e Mostaz’afaan] are subject to this article.

Clause 2.  Publications and newspapers belonging to organizations, ministries, offices, entities, and institutions indicated in this article do not have the right to campaign for the candidates even in the form of advertisement.

Article 60

Members of the election Executive and Supervisory Boards do not have the right to campaign for or against any of the election candidates.

Article 61

Attaching announcements, photos, or any campaign notices on traffic and driving signs, hospital signposts, school and other educational institution signposts, and billboards placed on public pathways by governmental entities or affiliates; mailboxes; payphone booths; electricity and telephone polls; private signposts and properties; unless with permission of the owners and proprietors is prohibited.  If such cases are observed, security officials will apprehend the violators and deliver them to judicial authorities for legal pursuit.  Governors’ and district offices must take action to remove such papers and refusal of this duty is considered a crime.

Article 62

The staff of the voting station must remove any advertisement or campaign evidence from the site of the registration and voting stations before voting starts.

Article 63

Election campaign offices may only be established in the centers of counties, cities, and towns.  In major cities, only one location per each municipal district may be established as a campaign office.  In cases where one area falls under several of the mentioned categories, it is considered one category.

Clause 1.  The election campaign committee is a center where the campaign activities of candidates-outlined in the articles in section six of this law-are organized and carried out.

Clause 2.  Establishing an elections campaign office without reporting the location of the office and the name of the person in charge to the county or district governor is illegal.

Article 64

Media and publications are not allowed to write notices or articles against candidates, or write a false story indicating withdrawal by a group or individual candidates.  In either case, the candidates have the right to give their response within 18 hours of the appearance of the indicated publication.  That publication is obliged to publish [the response] immediately, in accordance with the press law [http://www.princeton.edu/irandataportal/legislation /press-law/].  In case that publication does not get printed, the person in charge must, at his own expense, forward the candidate’s response to a similar publication which is required to publish the response in its next issue.

Publication of these types of topics in all other media is also prohibited and the offended candidate has the right to publish his/her opinion [in response].

Article 65

Candidates and their supporters are in no way permitted to negatively campaign against other candidates and may only refer to their own or their favored candidate’s qualifications.  Any kind of public attack on the character and reputation of election candidates is prohibited and offenders will be punished according to the law.

Chapter Seven: Penalties and Violations

 

Article 66

In addition to the penalties outlined in this law, committing the following acts will be considered violations:

1.  Buying or selling votes.

2.  Receiving votes with a birth certificate of someone who is not present.

3.  Issuing threats or enticements during the election process.

4.  Voting with a fake birth certificate.

5.  Voting with someone else’s birth certificate.

6.  Voting more than once.

7.  Recommending the writing of a specific candidate’s name on the ballot by miscellaneous people at the voting station.

8.  Interrupting the elections.

9.  Adding or removing votes and ballots.

10.  Faking and falsification of the registration papers or the vote or meeting minutes.

11.  Recommending the writing of a specific candidate’s name on the ballot by voting station staff, supervisors, and observers.

12.  Changing, converting, forging, stealing, or destroying campaign papers and documents such as registration and ballot papers, meeting minutes, telexes, telephone grams, and telegraphs.

13.  Opening or breaking, without a legal permit, the lock of the storage where ballot boxes are stored or the seal of the ballot boxes.

14.  Relocating, seizing, taking, or destroying election documents without a legal permit.

15.  Creating fear and panic for voters or voting station staff with or without a weapon during the election process.

16.  Interfering in the election process utilizing a falsified post or by any other illegal means.

17.  Taking or not taking any action by the polling station staff that will lead to the destruction of the people’s votes.  This may include refusal to stamp voting papers or birth certificates; or transporting the ballot box to a place other than the announced location.

Clause.  If the violations outlined in this article take place and cause the election process in one or several voting polls to leave its legal course, and affects the final outcome of the election, the details will be reported by the Interior Ministry to the central Supervisory Board, to be taken into consideration by the Guardian Council.

Article 67

In coordination with the Guardian Council supervisors and the Executive Board, judiciary organizations in each election district will take the necessary initiative (within the limits of the law) to prevent fraud.

Clause.  From the time of the registration until the end of the elections, summons and arrests of candidates related to accusations from prior to their candidacy, or to election violations, is not allowed.   Exception can be made in cases where, in the opinion of the head of the Judiciary, not arresting them will lead to injustice, or obtaining the necessary assurance and collateral is not possible.

Chapter Eight: Complaints and Means of Addressing Them

 

Article 68

From the date of forming the Executive Board until two days after the announcement of the election results, Executive Boards of the center of election districts are required to accept any submitted complaints.   They are to attend to these complaints in a joint meeting of the Executive and Supervisory Boards of the election district within a maximum of seven days from the date of receiving them.

Clause 1.  Those who have a complaint against the [overall] manner in which the elections were conducted may submit their documented complaint to the secretariat of the Guardian Council within seven days of the election.

Clause 2.  Only those complaints will be reviewed that include the details of the plaintiff, including name, last name, name of father, occupation, full address, telephone number (in case s/he has a telephone), and the original signature of the defendant.

Clause 3.  If, without having a reason or proof, a plaintiff accuses someone and his/her actions are libelous, it may be subject to legal pursuit.

Clause 4.  The raising and reviewing of complaints against individuals is confidential and publicizing them is prohibited.

Article 69

Complaints submitted to the Executive Board during the election process will not prevent the continuation of the election.

Article 70

If, after reviewing complaints and reports, the Executive Board determines that the election affairs in one or several branches have deviated from the normal course and were not conducted properly, it will void the results from the indicated branch(es) with the approval of the Supervisory Board, if [this invalidation] does not affect the overall outcome of the election.

Clause.  In case voiding all or parts of the votes from one or more ballot boxes affects the outcome of the election, the decision is with the Guardian Council.

Article 71

Before the Interior Ministry submits the election files to the Parliament, all complaints related to the elections will be sent to the central Supervisory Board. After that, the identical election files will be sent to the Parliament.

Clause.  The Guardian Council is required to report all complaints to the Parliament after the credentials are issued.

Article 72

In case investigating the complaints from any one of the election districts leads to the suspension or invalidation of the election, the Guardian Council has the authority to announce [this] via the mass media.

Clause.  Suspension or invalidation of the election in any election district must be based on the law and include valid documentation and proof, and take place with the absolute majority vote of the Guardian Council.

Article 73

Issuing credentials for elected candidates is dependant on the absence of an invalidation ruling from the Guardian Council; and the Guardian Council must announce its opinion on the election’s validity as soon as possible; and the Interior Ministry is required to immediately order the issuance of the credentials.

Article 74

By the order of the Interior Ministry and with the seal and signatures of the Executive Board and Supervisory Boards, credentials for elected representatives will be drafted in five copies (one copy for the Guardian Council) and issued within 48 hours.

Clause.  In case, after the announcement of the Guardian Council’s final verdict, a member of the Executive or Supervisory Boards refrains from signing a credential, he/she will be considered in violation of the law and is to be prohibited from membership in Executive and Supervisory Boards for ten years.  The credential will be considered valid with the signature of the Interior Minister and head of the central election Supervisory Board.

Chapter Nine: Penalties

 

Article 75

Penalty for those who have committed violations of sections 1, 2, 3, 4, 5, 6, 7, and 8 of article 66 will be up to three months imprisonment or a cash fine of one million (1,000,000) to five million (5,000,000) Rials.  They will also be barred from membership in Executive and Supervisory Boards or staff at polling stations for eight years.

Article 76

Penalty for those who have committed violations of sections 9, 10, 11, 12, 13, 14, 15, and 18, of article 66 will be from six months to two years imprisonment or cash fines from three million (3,000,000) to 15 million (15,000,000) Rials.  Potential suspension from government employment from six months to two years; they will also be barred from membership in Executive and Supervisory Boards or staff at polling stations for twelve years.

Article 77

Penalty for those who have committed violations of section 16 of article 66-whether supervisor, deputy, or instigator-will be the penalty defined in article 617 of the Islamic Penal Code (unless the act falls under the sharia law of moharebeh [enemy of God]).

Article 78

Offenders who have committed violations of section 17 of article 66, in addition to the penalties outline in article 555 of the Islamic Penal Code, will be barred from membership in Executive and Supervisory Boards or staff at polling stations for twelve years.

Article 79

Penalty for those who have committed violations outlined in article 11, 24, 34, 40, 53, and 60, and related clauses-while respecting the law of attending administrative violations-includes: docking salary and extraordinary responsibilities or titles for at most one-third of one month up to one year; or temporary suspension from on month to one year.

Clause.  If the offender is not a government employee, s/he is barred from membership in the Executive and Supervisory Boards, as well as staff of voting stations for a period of eight years.

Article 80

Penalty for violators of articles 57 and 58 is a cash fine payment of five-hundred thousand (500,000) to one million (1,000,000) Rials.

 

Article 81

Penalty for violators of articles 59 and its 2nd clause is imprisonment from three to six months or cash fines from 2 million (2,000,000) to 10 million (10,000,000) Rials.  Penalty for violators of the recent section of article 59 and its 1st clause is the penalty outlined in article 598 of the Islamic Penal Code.

Article 82

Penalty for violations of article 61 is from one-hundred thousand (100,000) to two million (2,000,000) Rials cash fine.  If security officials and other responsible officials and authorities refused to carry out their duties as outlined in article 61, in addition to the indicated penalty, they are to be sentenced to a three month suspension.

Article 83

Penalty for those committing violations outlined in article 64-in addition to the penalty outlined in the Press Law [http://www. princeton.edu/irandataportal/legislation/press-law/]-is a cash fine from one million (1,000,000) to five million (5,000,000) Rials.  In case the violation committed includes libel and insult, the offender is subject to the penalty outlined in the Islamic Penal Code.  

Article 84

Penalty for those committing violations outlined in the clause of article 63, will be from five hundred thousand (500,000) to two million (2,000,000) Rials cash fine.

Article 85

Penalty for those committing violations of the topic outlined in article 65, will be from fifty thousand (50,000) to one million (1,000,000) Rials cash fine.

Article 86

In all cases where the violator of any of the topics of this law is a candidate, he or she will be subject to the maximum penalty [stipulated in these articles].

Article 87

In the proper implementation of Principle 99 of the Constitution, and maintaining complete neutrality: during the period of their responsibility, the supervisors of the Guardian Council are required to maintain complete neutrality.  Support of one of the candidates by any of the [Guardian Council] supervisors in any way will be considered a crime.

Clause .  In case the supervisors of the Guardian Council commit any of the violations related to the Executive Board or the voting poll staff, they will be subject to penalties for these boards as outlined in article 66 and the clause of article 53.

Article 88

Penalties in this section are not limited in scope to what is indicated in this law and the judge may, in each case, convict the offender under the penalties indicated in this law plus other penalties as outlined in the fifth book of the Islamic Penal Code (deterrent penalties and punishments), passed on 2/3/1375 [4/22/ 1996].

Chapter Ten: Preparations, Establishment, and Inauguration for the Parliament

 Article 89

After the National Elections Commission [Setad-e Entekhabaat-eKkeshvar] makes a declaration for issuing credentials to the newly elected MPs, county and district governors of the centers of election districts are required to initiate the process of issuing credentials for the Majles representatives of their districts within a maximum of 48 hours.  They are to deliver one copy to the elected candidate or his/her representative (who will be introduced in writing) who will present himself/herself to the governor’s or district office of the center of the election district.

Article 90

After the credentials of two-thirds of all Majles representatives have been received, the General Office of Parliamentary Protocols [Edaareh Kol-e Ghavanin-e Majles-e Showray-e Eslami] will present the details to the Interior Ministry in order to make preliminary arrangements for the inauguration of the Majles.

Article 91

After making the preliminary arrangements for the Majles inauguration, the Minister of Interior will invite the elected MP’s to Tehran.  The elected MP’s are required to introduce themselves to the General Office of Parliamentary Protocols.

Article 92

The Minster of Interior is required to present the election report to the Parliament at its inaugural session.

Article 93

The executive bylaw of this law will be drafted by the Interior Ministry and will be implemented upon approval by the cabinet ministers.

Article 94

Those who were required to resign due to their position and office because of (1) the previous Election Law for the Majles or (2) the Law of Changing the Titles of Members of the Village Islamic Councils that Were Converted to Towns approved on 17/5/1378 [8/8/1999], and resigned their post at the appropriate time may become candidates for the sixth Majles elections.  In addition to these individuals, those who were required to resign based on this law may participate in the sixth Majles elections only if they tender their resignation to the President within ten days after the legislation of this law.

Implementing this law, after being legislated and issued to the president, is compulsory.

Immediately upon the approval of this law, the Interior Ministry is required to inform the public of its details.  This law includes 94 articles and 75 clauses and was passed during the open session of the Parliament on Sunday, the seventh of Azar, 1378 [11/28/1999] and was approved by the Guardian Council on 9/9/1378 [11/30/1999].

Executive Bylaw of the Parliamentary Elections Law 

Chapter One: General Principles

 

Article 1

Any place in this bylaw where the word “Law” is used by itself, it is referring to the Parliamentary Elections Law [Qanun-e Entekhabat-e Majles-e Showra-ye Eslami].

Article 2

In implementing article 3 of the Law, county and district governors are required – from the start of the elections, and after receiving the directives of the Supervisory Boards of the Guardian Council –

to invite [the Supervisory Board members] to prepare the grounds for their complete supervision of all executive stages of the elections.

All meeting minutes that have been signed by the Executive Board are to also be signed by the corresponding Supervisory Board,

and one copy of all meeting minutes of all organizational meetings are to be submitted to the indicated board.

Article 3

After receiving the names of members of the provincial Supervisory Boards from the National Elections Commission, the Election Commissions of provinces will report these names to county and district governors of the centers of election districts and will invite the members [of the Supervisory Boards] to hold a meeting.

Clause 1.  The central Supervisory Board selected by the Guardian Council must submit one copy of the mandate of its supervisors and monitors in the province, town, and district to the National Elections Commission.

Clause 2.  Based on the clause from article 6 of the Law of Guardian Council Supervision over Parliamentary Elections [Qanun-e Nezarat-e Showray-e Negahban bar Entekhabat-e Majles-e Showra-ye Eslami] passed on 9/5/1365 [7/31/1986], in provinces where elections are held in only one district and no provincial Supervisory Board is formed, the central Supervisory Board will take on the responsibilities of the indicated board.  In this case, whenever there is a requirement (according to the law) for communication between the county or district governor of the center of the election district and the provincial Supervisory Board, the governors will [instead] communicate with the central Supervisory Board.

Article 4

Participation of members of the Supervisory Board of the Guardian Council in the meetings of the Executive Board is for confirming the proper implementation of the Parliamentary Elections Law.  Nonattendance in these meetings or refraining from signing the meeting minutes does not impede the election from going forward.

Article 5

In case members of the Supervisory Boards of the centers of election districts and peripheral precincts are not able to participate in the Executive Board meetings, they will draft  meeting minutes and choose a representative from amongst themselves who will bring these minutes to the [Executive Board] meeting.  He will present these meeting minutes to the county or district governor at the central precinct of the election district or of the peripheral precincts for the purpose of registering in election records.  The signature of the indicated representative on all meeting minutes represents the signature of the Supervisory Council.

Article 6

The method for calculating the salary of government employees who – in accordance with article 11 of the Law, and the clause of article 4 of the Law of Guardian Council Supervision over the Parliamentary Elections – cooperate with the Interior Ministry, provincial, county, and district governors’ offices, Executive Boards, Guardian Council and its appointed boards, shall be as follows:

A.     Those government employees assigned to any of the mentioned locations by these offices for at most three months in each stage of the elections will receive their monthly salary and benefits from the relevant office based on the “special assignment bylaw” which is the topic of article 11 of the National Employment Law (Qanun-e Estekhdam-e Keshvari].

B.      For those government employees who cooperate voluntarily with Executive Boards or election Supervisory Boards in the voting, reading aloud, and counting processes, the county or district governor and the representative of the Supervisory Board may recommend a maximum of 100 hours overtime and request a written appreciation certificate from the relevant office for inclusion in the administrative files of the said employee.

C.      The relevant offices are required to provide necessary credit and to pay the salaries of employees covered by this article.

Article 7

To prevent delays in election affairs – and to expedite the transmission of election messages – county and district governors of centers of election districts are required to send the text of their letters and correspondences by using the fastest communications instruments available on site and confirmations are to be sent immediately using the postal service.

Article 8

Other than exceptions outlined in this bylaw, the actions of Tehran and Esfahan governors as governors of centers of religious minorities election districts, will be exactly the same as the actions of all county and district governors of the center of each election districts.

Chapter Two: Formation of Executive Boards

Article 9

Immediately upon receiving the directive for the start of elections, the county and district governors of the centers in election districts are required to report receiving [this directive] to the National Election Commission.

Article 10

Based on article 31 of the Law, immediately upon receiving the directive for the start of the elections, county and district governors of the central precinct in each election district will issue the order for the formation of peripheral Executive Boards to the county and district governors of the peripheral precincts in each election district.

Article 11

In implementing article 32 of the Law and its clauses, county and district governors are required to – immediately after receiving the directive for start of the elections – to select 30 local trusted citizens from various social groups residing in the neighborhood – or residents who have at least five years’ history of residence in the election district – to select the principle and reserve trusted citizens as members of the Executive Board. They are to introduce these candidates to the appropriate  Supervisory Board to approve their qualifications and receive a receipt.

Article 12

Based on article 32 of the Law and its clauses, Supervisory Boards are required – after receiving the list of names of the trusted citizens nominated by county and district governors – to report their written opinion regarding eligibility of the nominees in a maximum of 3 days to the responsible county and district governors.

Clause 1.  If eligibility of trusted citizens is not confirmed, county and district governors are required immediately to introduce other qualified individuals (twice the number of disqualified trusted citizens) to make up the deficit of trusted citizens.

Clause 2. Within a maximum of 24 hours after receiving the names of the new individuals, the responsible Supervisory Board must issue a written opinion regarding qualification or disqualification of the nominated trusted citizens.

Clause 3.  In case, during these mentioned stages (which should not altogether exceeds 4 days) the number of approved trusted citizens reaches at least 20 people, the county or district governor is required to immediately invite them for electing principle and preserve [trusted citizen] members of the Executive Board.

Clause 4.  If the number of approved trusted citizens does not reach 20 individuals, and the county or district governor and the responsible Supervisory Board cannot come to an agreement by the maximum fourth day after the start of elections, the county or district governor is required to report the details to the provincial governor and provincial Supervisory Board for the purpose of compensating the deficit in the number of trusted citizens up to 30 individuals. He must also forward a copy of the report to the National Election Commission.

Clause 5.   Within a maximum of 24 hours after the report from the county or district governor, the provincial Supervisory Board – in coordination with the provincial governor – will select from the eligible trusted citizens the necessary number (as announced by the county or district governor or the responsible Supervisory Board) and immediately report their names to the responsible county or district governor to be issued an invitation.

Clause 6.  If, by the end of the fifth day, the provincial Supervisory Board or provincial governor are not successful in selecting and making up the deficit of the other necessary trusted citizens, the details will immediately be reported to the central Supervisory Board by the provincial Supervisory Board – and to the National Election Commission by the provincial governor.

Article 13

In towns or districts where a town or district Islamic Council has been formed, the county or district governor is required – in carrying out the clause of article 31- to communicate the details to this council and to invite the member introduced by the county or district Islamic Council as one of the 9 trusted citizens to participate in the meetings.

Article 14

While complying with articles 31 and 32 of the Law and their clauses, county or district governors are required to invite the members of the Guardian Council Supervisory Board, the head of the Registrar’s Office, and already qualified trusted citizens, to elect 9 individuals as principle trusted citizens and 5 reserve trusted citizens for the Executive Board.

Clause. Governors who are conducting the elections for religious minorities are required to invite 30 trusted citizens from that minority for selecting the trusted citizens of the Executive Board.

Article 15

Within two days from the date of invitation, county or district governors will call a meeting for the election of trusted citizens of the Executive Board in the presence of members of the Supervisory Board and the head of the Registrar’s Office.  If at least 20 of the invited trusted citizens are present, the meeting will be considered official, and then the trusted citizens present will elect among themselves nine principle (in towns and districts that have an Islamic Council, eight people) and five reserve trusted citizens for the Executive Board.  The election is by secret ballot and a relative majority.

Clause 1.  If the process of choosing and confirming trusted citizens for the Executive Board does not end within four days of the directive for the start of elections – and is deferred to the decision of the provincial Supervisory Board and the provincial governor on the fifth day – the meeting for election of principle and reserve trusted citizen for the Executive Board will take place within one day from the invitation instead of two days.

Clause 2.  The member proposed by the Islamic Council of the county or district is required to attend all meetings of the Executive Board and, like other members, has the right to vote in all decisions.

Article 16

Immediately after the election of the principle and reserve trusted citizens of the Executive Board, county and district governors of the centers of election districts are required to report the details to the National Election Commission.

Article 17

Immediately after the election of the principle and reserve trusted citizens of the peripheral Executive Board, county and district governors of the peripheral precincts of election districts are required to report the details to the county or district governor of the center of the district.

Article 18

Meetings of the Executive Boards of the center of the district and peripheral precincts will take place in the related district or county governor’s office.

Article 19

In the central districts of townships, an Executive Board will not be formed.  The election affairs of the central district will be the responsibility of the township Executive Board in accordance with article 43 of the Law.

Article 20

In the center of the election districts where an independent Registrar’s Office does not exist, the person who is in charge of registrations in the indicated center will be the member of the Executive Board required by article 31 of the Law.

Chapter Three:  Announcing Candidacy, Background Check, Determining Eligibility, and Publishing the Names of Candidates

 

Article 21

Based on article 45 of the Law and its 1st and 2nd clauses, Parliament candidates will go to the county or district governor’s office at the central precinct of the district or the Interior Ministry by the specified deadline.  If outside of Iran, they will go to embassies, consulates, or political representatives of the Islamic Republic of Iran.

They are to present the following documents: a birth certificate containing a photo; 10 pieces of recently taken 3X4 (cm) photos; three copies of all pages of the birth certificate; the original and copy of the last, valid academic degree; and the original and one copy of the military service completion papers, and/or a valid document that clarifies the situation of the military service requirements of the candidate.

The candidate is to receive the candidate questionnaire, and in the presence of the county or district governor, or the county or district governor’s office registrar of the election district, or the registrar at the Interior Ministry, embassy, consulate, or political representative, will complete [the questionnaire] and submit it. Obtaining a receipt for submitting the necessary material for registration, he or she announces his or her readiness to participate in the elections.

Clause 1. In implementing article 45 of the Law, county and district governors are required to inform all residents of the election district of the dates for the beginning and end of candidate registrations, the conditions for eligibility, and the required documents.

They are to do this immediately after the announcement by the Interior Ministry and by using the appropriate means.

Clause 2.  The Interior Ministry is required to immediately forward all documents from candidates who have registered at the Interior Ministry to the county or district governor’s office at the center of the election district.  At the end of that day, they are to also report the names and personal information of the candidates to the election district.

Clause 3.  The Foreign Ministry is required to arrange for the fastest possible means for implementing clause 1 of article 45 of the Law, such that the contents of the candidate questionnaire is reported to the National Election Commission at the end of each day.

Clause 4.  Names and documents of the registered candidates registered outside the country will be reported by the Interior Ministry to the county or district governor’s office of the center of the election district immediately after being received.

Article 22

County and district governors of the centers of the election district are required to accept the candidate registration papers within the designated time and must take care to not accept any more candidate registration papers after the end of the seventh day.

Article 23

At the end of each day, county and district governors at the centers of the election districts are required to report a list of names and personal information of the registered candidates for that day (in one place and in alphabetical order) to the National Election Commission.

Likewise, at the end of the legally defined period for registration, they are required to report the information of all registered candidates (in one place and in alphabetical order) to the National Election Commission.

Additionally, each day immediately after registration, the governors are required to send two copies of the candidate’s questionnaire, two copies off all pages of the birth certificate, and three photos of each candidate – by the fastest possible means – to the Provincial Election Commission.

The Interior Ministry is also required to report copies of the complete information of the candidates to the central Supervisory Board on a daily basis.

Clause 1.  Governors of Tehran and Esfahan will also separately report the list of candidate names and information from each one of the religious minorities to the National Elections Commission.

Clause 2.  In days when they have no applicants for candidacy, county and district governors of centers of election districts are to send the details to the National Election Commission at the end of the day.

Clause 3.  To prevent any delays in the candidate registration material reaching the National Elections Commission, the Provincial Elections Commission is required to deliver, on a daily basis, the documents related to all candidates from the province via a provincial special courier to the National Elections Commission.  Otherwise, delivery of candidate documents to the National Election Commission is obligatory within a maximum of one day after the end of the candidate registration deadline.

Article 24

The Interior Ministry will make an inquiry from the authorities mentioned in article 48 of the Law (within the framework of their responsibilities) using forms that it will fill out based on the framework of the law regarding the eligibility of candidates.

Article 25

Valid justification and documents regarding illegality of parties, organizations, and groups mentioned in clause 3 of article 30 of the Law must be forwarded by the responsible legal centers to the executive and supervisory authorities in accordance with the Law for Necessity of Careful Review of Complaints by Disqualified Candidates in Various Elections [Qanun-e Lozoom-e Residegi-e Daghigh beh Shekayat-e Davtalaban-e Rad-e Salahiat Shodeh dar Entekhabat-e Mokhtalef], apporved in 1378 [1999] by the Expediency Council.

Article 26

Organizational affiliates and supporters (topic of clause 3 of article 30 of the Law); those who had an effective role in strengthening the foundations of the previous regime (topic of clause 1 of article 30 of the Law); and also other cases that are the topic of line 10 of article 30 of the Law, based on the legislation by the Expediency Council dated 22/8/1378 [11/13/1999] regarding the necessity of careful review of complaints by disqualified candidates in various elections or by announcement from the responsible authorities.  [translator’s note: this article appears to be incomplete in the bylaw.  It has been translated as it appears in the original document].

Article 27

After expiration of the deadline for registrations, the county and district governors of centers of election districts are required to invite members of the Supervisory Board of the center of the district for reviewing candidate qualifications.

They are to hold a meeting, and – in consideration of the results of the necessary neighborhood investigations and utilizing the results obtained and reported by the Interior Ministry – determine the eligibility of candidates within at most ten days.  They are to state the results in a set of meeting minutes and to report the results to Supervisory Boards.

Clause 1.  To prevent delays in the process of reviewing candidate eligibility and completing the task within the determined period, it is necessary that the Executive Boards prepare the grounds for this work from the first day of registrations.

Clause 2.  If the Executive Board deems certain candidates to be ineligible based on the results from the necessary neighborhood investigations and by using the results obtained by the Interior Ministry, and by respecting the conditions stipulated in articles 28, 29, and 30 of the Law, it is required to state the details, including the required documents and evidence and reference to the articles and clauses from the law.

Clause 3.  Disqualifications based on failing to meet the condition for practical trust in and allegiance to Islam and the holy system of the Islamic Republic of Iran, must be based on the law.  They must be based on valid documents and evidence that are in accordance with the directive of the Expediency Council regarding “the necessity of careful review of complaints by disqualified candidates in various elections”.  This evidence must be forwarded to the judicial and supervisory authorities by the legally responsible authority.

Clause 4. In implementing line 3 of article 28 of the Law, the Boards reviewing candidate eligibility must do so by considering the criteria for expressing allegiance to the Constitution and the progressive principle of the absolute Rule of the Jurist (Velayat-e Motlagh-eh Faqih] to be either a declaration, announcement, or other methods that (in a documented way) have been declared by the candidate.  They will make the necessary decisions based on the framework of the law.

Article 28

Immediately after receiving the minute notes of the meeting for reviewing candidate eligibility, county and district governors of centers of election districts are required to report the results to the provincial Supervisory Board and the National Elections Commission.  They are to provide one copy of the meeting minutes as an attachment to the evidence and documents being sent to the provincial Supervisory Board and another copy to the National Election Commission by using the fastest means possible.

Clause 1. In order to expedite the job, county and district governors – in addition to sending the text of the meeting minutes by fax – may deliver the original documents to the Provincial Elections Commission for forwarding to the Interior Ministry.

Clause 2.  The Provincial Elections Commission is required to arrange such that within a maximum of one day after the end of the qualifications review by the Executive Boards, the related meeting minutes are sent to the National Elections Commission by special courier.

Article 29

County and district governors of centers of election districts are required to provide a written and confidential report to the candidate stating the reason for his/her disqualification-including the articles from the law that are the basis for the ineligibility.

Clause 1.  If requested by the candidate, the reason and evidence for his/her disqualification must be provided by the reviewing authority based on the Expediency Council directive of 22/8/1378 [11/13/1999].

Clause 2.  County and district governors of centers of election districts must plan in such a way that the result of disqualification of candidates reaches the candidate or his representative in a timely fashion and without delays to the address that he/she has provided.

Article 30

Based on the clause of article 51 of the Law, candidates who have been disqualified by the Executive Board may submit their appeal (along with evidence) to the responsible Provincial Supervisory Board within four days of receiving the details of their disqualification.  If they’d like, they can provide their defense arguments and explanations in person to the members of the provincial Supervisory Board and national Supervisory Board in accordance with the Expediency Council directive of 22/8/1378 [11/13/1999] regarding the necessity of careful review of complaints by disqualified candidates in various elections.

Article 31

In implementing article 52 of the Law, provincial Supervisory Boards will attend to all appeals received from candidates disqualified by the Executive Board within seven days and will state the results in the meeting notes.

Clause 1.  If the provincial Supervisory Boards recommend the disqualification of certain candidates who have been recognized as eligible by the Executive Board, they are required to state the reason for disqualification stating the articles from the Law, and provide the related evidence and documentation in the meeting minutes. They must do this while abiding by the directive regarding the necessity of careful review of complaints by disqualified candidates in various elections.

Clause 2. In order to expedite the work, the provincial Supervisory Boards may prepare the grounds for initiating the process of determining the eligibility of candidates immediately after receiving the meeting notes from the related election districts.

Clause 3.  The provincial Supervisory Boards are required to immediately forward the results of reviewing the appeals of disqualified candidates, and also its opinion regarding candidates who’ve been recognized as eligible by the Executive Board, (which must be done by following the directive regarding the necessity of careful review of complaints by disqualified candidates in various elections) to the central Supervisory Board by using the fastest possible means.

Article 32

Immediately after reporting the details to the central Supervisory Board, the provincial Supervisory Boards are required to follow-up to receive the opinion of the central Supervisory Board.  In accordance with clause 1 of article 52 of the Law, after receiving the opinion of the central Supervisory Board, they must record the details in a set of meeting minutes and immediately forward one copy of it to the responsible county or district governor of the center of the district.

Clause.  Provincial Supervisory Boards must plan and initiate the review process in such a way that all appeals by candidates whose eligibility has been rejected by the Executive Board are reviewed within the seven day period allotted for review.

Article 33

At most 24 hours after receiving the minutes of meetings for reviewing appeals by candidates disqualified by the Executive Board – as well as opinions on other candidates – by the provincial Supervisory Board, the county and district governors of centers of election districts are required to report the details of the disqualification immediately to the candidates.

This report should include the articles of the Law that are the basis of the disqualification, as well as the relevant evidence and documents in accordance with the Expediency Council directive of 22/8/1378 [11/13/1999].

The content of the indicated meeting minutes are to also be sent to the National Election Commission.

Confirming eligibility will also be reported to the indicated candidates.

Article 34

Regarding candidates whose eligibility was confirmed by the Executive Board but the central Election Supervisory Board believes to be ineligibile – as well as all candidates whose eligibility was rejected by the Executive Board and whose disqualifications are confirmed by the central Supervisory Board:

In accordance with clauses 2 and 3 of article 52 of the Law, these candidates may submit their appeals directly to the Guardian Council or via the provincial Supervisory Board within 24 hours after the disqualifications are issued.

Clause.  Regarding candidates whose eligibility has been confirmed by the Executive Board, but the central Supervisory Council has disqualified their candidacy based on legal justifications and substantiation by valid documentation and evidence – and in accordance with the directive regarding the necessity of careful review of complaints by disqualified candidates in various elections: In addition to an appeal in writing, they may present their defense and explanation in person to the Guardian Council.

Article 35

After receiving the decision of the Guardian Council regarding approval or rejection of eligibility of all candidates throughout the country, the National Election Commission is required to forward the details to each appropriate election district at most within one day.

Clause 1.  If the decision of the Guardian Council is to reject a candidate whose eligibility has been confirmed in previous rounds (by the Executive Board and the central Supervisory Board), the details of the rejection, including the articles of the law that justify [the rejection] – and in accordance with the directive regarding the necessity of careful review of complaints by disqualified candidates in various elections – will be reported to the National Elections Commission so the Commission can relay the specifics to the candidate via the center of the election district.

Clause 2.  Candidates subject to clause 1 of this article may present necessary explanations and defense and request a new review by the Guardian Council within at most three days of receiving the specifics of their rejections.

Clause 3.  The Guardian Council is required to review the request within seven days from receiving the request for a repeat review of disqualification, and report the results to the National Elections Commission.

Article 36

After receiving the decision of the Guardian Council regarding the repeat review requested by the disqualified candidates from the National Election Commission, county and district governors of centers of election districts are required to:

Issue the decision of the Guardian Council on the disqualification of all ineligible candidates to the individual candidates; and to publish the name of all candidates approved by the central Supervisory Board and/or the Guardian Council throughout the election district within at most one day.

Clause 1.  Regarding the implementation of the “clause 2 repeated” of article 20 of the Law, which is meant to prevent the violation of the rights of candidates:

If the Executive or Supervisory Board of the center of the election district determines that a candidate in the election district is unknown and unrecognized to the public but his or her last name (or first and last names) are similar to the last name (or first and last name) of another more prominent and famous candidates of that district:

The responsible Executive and Supervisory Boards, in coordination with each other, are required to specify an identifier for the indicated candidate and to communicate this to them for use in their elections campaign material.  Also, to report this identifier to the county/district supervisor of the center of the election district for printing the information in the published list of candidate names.

Clause 2.  If the candidate is known by any name other than the one that appears on his or her birth certificate (which s/he has written in the candidate questionnaire), and this is also confirmed by the Executive Board, the county or district governor at the center of the district is required to indicate that name in the published announcement of the list of candidate names.  The criteria for crediting a vote to each candidate is the last name or the reputed name that has been stated in the published announcement of the list of candidate names.  In case of similarity in names, clause 2 of article 20 of the Law will be implemented.

Article 37

After receiving the decision of the Guardian Council regarding the eligibility of candidates from the Interior Ministry, governors of Tehran and Esfahan are required – at most within one day – to issue the decision of the Guardian Council regarding disqualifications to the affected candidates.

They are to also publish an announcement with the list of names of all candidates from religious minorities – subdivided to each religious group – whose eligibility has been confirmed by the central Board or the Guardian Council.

In accordance with the clause of article 36 of the bylaw, the list is to be published at the center of the election district, and then, in order to prevent delays in peripheral districts, the names of the candidates are to be reported by the fastest communications methods possible to the county and district governor’s offices of election districts of religious minorities, so that the indicated county and district governors can publish the announcement directly and independently for each religious minority.

Article 38

Immediately after the publication of the announcement of the list of election candidates, county and district governors of centers of election districts are required to forward one copy to the central Supervisory Board of the election district, two copies to the National Election Commission, and one copy to the provincial Supervisory Board.

Chapter Four: Campaigning

 Article 39

From the start of registration of candidates to the start of official campaigning, any campaign activity for Parliament candidacy is illegal.

Article 40

Campaigning by candidates will begin eight days before election day and will end exactly 24 hours before the polls open on election day.

Article 41

If election candidates want to use the endorsements of public personalities, it is necessary that: first, the endorsements do not contain the title and offices of the person, and second, a written and signed document by him/her is submitted to the Executive Board.

Article 42

After receiving endorsements by different groups, assemblies, or classes, a candidate may use their stated support in their authorized campaign material.

Article 43

Hanging signs that show the location of the election campaign headquarters of candidates is permissible.

Article 44

Photos for pamphlets, biographies, and brochures – when respecting the following conditions – have no other special limitations regarding type, colored vs. black & white, and permitted campaign writings.

A “pamphlet” is any authorized campaign subject matter and photo that is printed on a piece of paper or cardboard of a maximum size of 20 X 15 cm.  Also, a “biography” or “brochure” is any authorized campaign subjects matter or photo that is published as a book or booklet.  Its size must not exceed 20 X 15 cm.

Article 45

Has been deleted.

Article 46

Attaching any campaign material as banners by associations, groups, parties, and assemblies is allowed only upon the condition that it is meant to persuade and encourage people to participate in the election and does not refer to any specific candidate or candidates.

Article 47

Candidates may also run joint campaign activities by using allowed campaign material.

Article 48

Installation and use of loudspeakers is allowed only in the campaign headquarters of candidates and their public speech locations.  Use of loudspeakers outside of speech areas and campaign headquarters is prohibited.

Article 49

Before the polls open, staff of voting and registration branches are required to remove any kind of advertisements and campaign material of candidates from the area of the polling station and arrange for the area of the polling station to be free of any evidence of campaign material during the hours when the vote is taking place.

Article 50

Forming campaign headquarters is only allowed in the center of districts (whether it is the center of the city or village district) of cities and townships.  In major cities one location may be used as campaign headquarters in each municipality district.  Before forming the headquarters, it is necessary to report the location and name of the person in charge to the county or district governor’s office.

Article 51

Candidates must suitably convince their supporters to avoid tearing or eliminating the campaign material of other candidates and to not campaign against other candidates in any way.

Article 52

Municipalities may – by using local resources – designate appropriate locations for attaching or presenting campaign material for the candidates.

Article 53

County and district governors are required to take action to eliminate campaign material that is installed in prohibited areas by using the security forces or municipality and other local authorities.

Chapter Five: Designating Registration and Voting Locations and Staff

Article 54

Immediately after selection of the principle and reserve trusted citizens and forming the Executive Board, the Executive Boards of the peripheral districts are to hold a meeting to implement article 36 of the Law for determining the number and locations of the polling stations.  They are to report the details in the meeting notes and announce the decisions to the county and district governor of the center of the election district via the county or district governor of the peripheral district.

Article 55

After receiving the meeting minutes specifying the polling stations of the peripheral precincts, Executive Boards of the centers of election districts are required to review and confirm them.  The Executive Boards are to also designate the voting and registration branches of the central precinct of the election district as well and to state the details in a set of meeting minutes.

Clause 1.  Establishing polling stations in areas of historic buildings is prohibited.

Clause 2.  Other than the exceptions in clause 2 of article 40 of the Law, the number and locations of polling stations for the second stage of the election are the same number and locations of stations during the first round.  Any changes in this regard are illegal.

Clause 3.  One exception is stipulated for the second round elections for the sixth session of the Majles: In consideration of their spread-out nature, the Tehran, Rey, Shemiranat, and Eslamshahr elections districts may reduce the number of voting and registration branches during the second round elections to at most one-third the number of branches of the first round.  This must be done with the approval of the Executive and Supervisory Boards.

Article 56

Immediately upon receiving the meeting minutes specifying the voting and registration branches from the Executive Board of the center of the election district, the county and district governors of the centers of election districts, will arrange for publishing the elections announcement in a way such that the contents of article 38 of the Law are exactly followed.  Nine days prior to election day, the elections announcement will be published throughout the election district.

Clause.  As governors for centers of the election districts for religious minorities, Tehran and Esfahan governors can transfer the responsibility for publishing the elections announcement to the county and district governors of peripheral districts of the religious minorities.

Article 57

County and district governors of the centers of the election district will designate areas for attaching campaign material on public pathways and passages throughout the election district by using the facilities of the police, municipalities, and other local resources.

Article 58

In implementing article 39 of the Law, the county and district governors of the centers of the election districts are required to forward three copies of the printed campaign material to the National Elections Commission.  And for the necessary projections at the provincial level, they must forward one copy to the Provincial Election Commission.  The National Election Commission will forward one copy of these publications to the central Elections Supervisory Board.

Article 59

In complying with article 40 of the Law, Executive Boards of the centers of election districts and peripheral districts are required to draft a set of minutes from the meeting held to select the staff of the registration and voting stations.

By decision of the Executive Board, in over-crowded stations, instead of five people, seven people may be chosen as station staff.

Clause 1.  Based on clause 4 of article 32 of the Law, individuals who have committed violations in previous elections may not be selected as polling station staff.

Clause 2.  Based on article 33 of the Law, members of registration and voting branches may not have direct or indirect familial ties with any of the candidates.

Article 60

In accordance with the meeting minutes of the Executive Board, designating the staff of registration and voting branches, county and district governors are required to issue the directive for their services and invite them to pick up the ballot boxes, accessories, and documents for registration and voting.

Article 61

County and district governors will extend an invitation for the polling staff to attend an introductory training about the program and method for registration and voting, and counting the vote.

County and district governors will also arrange for the staff of the polling station to report to the polling station one day prior to the election in order to select a leadership board and prepare the polling station for voting.

Article 62

As much as possible, county and district governors are required to plan in such a way that in far-away and difficult to reach locations, registration papers, ballots, the seal of the elections, and other accessories and necessities for the election are at the disposal of the staff of the polling station one day prior to the voting.

Article 63

In implementing article 41 of the Law, county and district governors of the centers of election districts are required to initiate the process of issuing a directive to designate a representative for the county or district governor.

Clause 1. County or district governor of the center of the election district may relegate the right to choose a representative to the county or district governor of a peripheral district.

Clause 2.  At least five days prior to election day, county and district governors are required to remind their representatives of their responsibilities in an appropriate method and to provide them with the necessary training.

Clause 3. County and district governors will use employees of the governor’s office or, if possible, other government offices, as their  designated representatives at registration and voting stations.

Clause 4.  If the Supervisory Board of the center of the election district designates and introduces a monitor in writing for each of the registration and voting stations in the election district, county and district governors are required to arrange for their being stationed to the registration and voting location in the presence of other staff.

Article 64   

To provide security at the poll, county and district governors are required to select the necessary number of officers with cooperation from the local security forces.  They are to issue the directive for those named and station them on site in the presence of the poll staff and representative of the county or district governor.

Clause. With the approval of the related security council, the security forces may use the armed forces for protecting registration and voting stations if needed.

Chapter Six: Registration, Voting, Reading Aloud, and Counting of Votes

 

Article 65

The program for registration, voting, reading aloud, and counting the votes:

Staff of the voting and registration stations will be present at the station at least one hour prior to the specified time, and will first register the name of the Management Board [Hay’at Rayiseh] on top of the meeting minutes form that has been designated for the voting results of the station.  They will then sign the minutes and open the ballot box in front of the Supervisory Board representative for the election district, the representative of the county or district governor, and the monitor from the Interior Ministry (if county or district governor’s representative or the monitor from the Interior Ministry are present).  After ensuring that the box is empty, wrap, seal, and stamp it with the stamp of the registration and voting station stamp and the stamp of the Supervisory Board.

Also, if the ballot box has been designed and crafted in such a way that it does not need wrapping, the only places that need to be sealed and stamped with the stamp of the elections and the stamp of the Supervisory Board are:

The designated location or locations on the ballot box, after it is closed in the different stages of the voting program;

and the location of the slit for dropping the vote at the end of the program.

 And the program for voting and reading aloud the votes will be done in six stages according to the following:

First  –  The voter arrival stage

Second  –  The validation stage

Third  –  The registration stage

Fourth  –  The voting stage

Fifth  –  The reading aloud and counting stage

Sixth  –  The drafting and completion of the meeting minutes stage

First  – The voter arrival stage

1.      As much as possible, staff of the station must make sure that the voting station is in a location and place that has one door for entry and one door for exit of the voters.

2.      All voters – even those who are in prisons, military bases, hospitals, or similar locations – must be physically present at the voting station, holding the original copy of their birth certificate at the registration and voting stations, and will take turns to enter the area for registering and voting.

Second  –  The validation stage

Validation will take place in two stages:

A-The county or district governor’s representative, or the head of the branch, or any of the secretaries of the registration and voting branch, will observe the birth certificate of the voter, paying attention to the following points:

1.      The birth certificate has not been stamped with the stamp of the on-going election.

2.      The birth certificate belongs to the voting individual and its owner is at least 15 years of age on the election day.

B- The county or district governor’s representative, the head of the voting branch, or any of the secretaries will observe the index finger of voter to confirm that it is not stained by ink that is a sign of voting at another location.  If the voter’s birth certificate has been stamped by the stamp of the on-going Parliament election on the election day, and indicates voting at another branch, or if there is evidence of the stamp ink of another branch on his or her index finger, he or she will be prevented from voting by the order of the county or district governor’s representative.

Third  –  The registration stage

1.      After the validation stage and confirmation that the birth certificate belongs to the voter and that they are eligible to vote, one of the secretaries, based on the information in the birth certificate – and if needed by asking the voter – will record the necessary personal information of the voter on the registration papers.  The secretary will then obtain the voter’s finger print on the registration papers and will sign, date, and stamp them with the seal of elections for the Parliament.

2.      The official responsible for the registration will stamp the voter’s birth certificate at the designated space with the elections stamp and return it to the voter.

3.      For the purpose of collecting data and information on voters (such as age, gender, etc…), the Interior Ministry may create separate forms.  The county or district governor’s representative, or one of the station staff, are required to fill out these data/information forms while registering voters.  In the end, without throwing them in the ballot boxes, these forms will be delivered in an appropriate way to the relevant county or district governor’s office.  The result of these forms will have no bearing on the process of counting the votes and election results.

Fourth  –  The voting stage

1.      After voter registration, the ballot will be stamped with the elections stamp and the Supervisory Board stamp by the official responsible for registration and the Supervisory Board monitor, respectively.  After separating [the ballot from the registration paper], the ballot will be returned to the voter.

After obtaining the ballot, the voter will write on the ballot the first and last name and other specifics of his or her preferred candidate or candidates.  In case the first and last names of the candidates have already been printed on the ballot, the voter will place a mark in front of the names of his/her preferred candidates, and after dropping the ballot in the ballot box, will leave through the exit door of the voting station.

Needless to say, the election registration papers and the special supervisory section [of the ballot] will be kept after being stamped under the joint observation of the voting station staff and supervisors of the Guardian Council.

2.      County or district governor’s representative and staff of the voting and registration branch must ensure that voting and choosing a candidate or candidates takes place privately and completely freely and without the influence of any other individual.  No branch staff, county or district governor’s representative, security officials, monitors of the election district Supervisory Board, or in general any individuals who have any sort of responsibility in the voting station, have the right to write anything or mark in front of any names on the ballots.

In case the voter needs assistance from another individual for writing or marking in front of candidates’ names, he or she  must utilize individuals from outside the branch who he/she trusts and the station staff must validate that no illegal acts are committed.

3.      In case a violation or coercion is observed, the election district Supervisory Board monitor is required to alert the station staff and representative of the county or district governor.  Upon investigating the situation, they must hold the specific person or persons with the aid of the security forces and write down the specifics in the meeting minutes which are delivered along with the offender to judicial authorities.

4.      The county or district governor’s representative or the head of voting and registration branch will take care that no armed individuals enter the voting station.  This will be done by stationing security forces in front of the entrance to the voting branch.

5.      Based on the clause of article 55 of the Law, other than officials and staff of registration and voting branch, supervisors of the Guardian Council, monitors of the Interior Ministry, and candidate representatives, the presence of other individuals in registration and voting branches is prohibited and illegal.  And other than the mentioned officials, other individuals may only be present at the voting location as voters and must leave the premises immediately after voting.  With aid from the security forces, the head of the branch or the county or district governor’s representative are required to prevent the presence of non-authorized individuals in the voting station.

Fifth  –  The reading aloud and counting stage

First-  By hand:

1.      After termination of the voting hours, station staff must  make sure that all voters have thrown their votes in the ballot boxes, and that there are no longer any individuals present in the voting station waiting to vote.  They are to immediately count the number of used registration papers  and unused registration papers and ballots and write the numbers in meeting minutes.

2.      In the presence of the Supervisory Board monitor, the county or district governor representative, and the Interior Ministry monitor, the branch staff will initiate the counting and reading aloud of the votes.  They are required to ensure that job of reading aloud and counting the votes is always done by at least two individuals, such that the necessary care is taken in this task.

Clause 1.  The counting and reading aloud of the votes is in the following way:

Initially, the head of the voting station and his deputy – with cooperation from the secretaries – will count the number of used voter registration papers, and he will confirm that this number matches the number of the special supervisory sections [of the ballot].  The number of both these sections will be recorded in the meeting minutes individually.  Then, they will open the lock and seal of the ballot box and will count the ballots insides the box, without reading aloud the votes, and will initiate the following:

A.     In case the number of ballots inside the box is greater than the number of the special supervisory sections [of the ballot], however many extra ballots there are, that number of ballots will be removed randomly, without being read.  The word “voided” will be written on them with a red marker and they will be voided.  This will also be stated in the meeting minutes of the election and the voided ballots will be attached to them.

B.      If, after doing part A, the number of ballots from the box are still greater than the number of issued registration papers (meaning the section for recording the voter personal information), whatever number extra ballots (without being read) will be removed randomly from the box.  The word “voided” will be written on them with a red marker and they will be voided and will also be stated on and the voided ballots will be attached to the meeting minutes of the election.

C.      In any case, if the number of ballots inside the box is equal to or less than the number of used special supervisory sections [of the ballot] or the voter information registration section, no specific action will be taken and only the number of ballots inside the box will be stated in the meeting minutes.

Clause 2.  After the ballots have been counted as indicated above, the reading aloud of the votes will take place by abiding by articles 18, 19, 20, and 21 of the Law and their clauses and sections; article 2 of the Supplementary Articles to the Law of the Guardian Council Supervision over Parliament Elections; and the supplementary clause to article 20 of the Law of Parliamentary Elections-approved on 13/10/1378 [1/3/2000].

Second: By utilizing computerized vote-counting machines

1.      If, by agreement from the Interior Ministry and the central Supervisory Board, it has been established that the vote counting and reading aloud tasks are to be done by computerized vote counting machines:

The station staff will confirm that all voters have thrown their votes in the ballot boxes and there are no more voters waiting to vote in the station after the termination of the voting hours. The station staff – in the presence of the Supervisory Board representative, the county and district governor’s representative, and the Interior Ministry monitor – will then initiate the counting of the votes as follows:

A-            At first, the head of the branch or his deputy – with the aid of the secretaries – will count the number of used voter registration papers and ensure that their numbers are equal to the number of special supervisory sections [of the ballot].  They will write down the number of both sections individually.  Then they will open the seal and lock of the ballot box and count the number of votes inside the box without reading aloud, and do the following:

B-             In case the number of ballots inside the box is greater than the number of the special supervisory sections [of the ballot], however many extra ballots there are, that number of ballots will be removed randomly without being read.  The word “voided” will be written on them with a red marker, and they will be voided, and this will also be stated on the meeting minutes of the election and the voided ballots attached to it.

C-             If, after doing part B, the number of ballots from the box are still greater than the number of issued registration papers (meaning the section for recording the voter personal information), whatever number extra ballots will be removed randomly from the box (without being read), and the word “voided” will be written on them with a marker, and they will be voided.  This will also be stated on the meeting minutes of the election and the voided ballots attached to it.

D-            In any case, if the number of ballots inside the box is equal to or less than the number of used special supervisory section [of the ballot] or voter information registration section, no specific action will be taken and only the number of ballots inside the box will be stated in the meeting minutes.

2.      In case there are ballots without the elections stamp or Supervisory Board stamp among the votes in the ballot box, the word “voided” will be written on them individually, and, after bundling them, the number of each will be stated in the meeting minutes.

3.      After doing the above, all issued registration papers and ballots – along with one copy of the meeting minutes – will be placed inside the box, and the ballot box, after wrapping, will be stamped and sealed.

4.      The station staff must arrange so the job of counting the issued registration papers and ballot papers inside the box is performed in the presence of the Supervisory Board official and the county or district governor’s representative and take the necessary precautions in this regard.  The special supervisory sections of the ballot will be given to the Supervisory Board official of the branch to be delivered to the Supervisory Board.

5.      Staff of the registration and voting branch – along with the Supervisory Board official of the branch, the county or district governor’s representative, the Interior Ministry monitor, and the officials in charge of security of the boxes – are required to take the ballot and registration paper box or boxes to the pre-determined location where the vote counting machines are maintained for counting and reading aloud the votes.

They are to take them to those locations and if it is not possible for all staff members to be present, the presence of the head or his deputy is obligatory.

6.      After arrival of the voting and registration branch staff at the location of the vote counting machines, the ballot box is opened and the votes inside will be given to the operator of the vote counting machine.  The votes in excess of the number of voter registration sections, special supervisory sections of the ballots, and votes lacking an elections stamp or a supervisory stamp have previously been removed from the box.

7.      All the above points must be comply with articles 18, 19, 20, 21 of the Law, and article 2 of the Law of addendum Supplementary Articles to the Guardian Council Supervisory Law for Parliament Elections, and supplementary clause to article 20 of the Law of Parliamentary Elections-legislated on 13/10/1378 [1/3/2000].

Sixth  –  The drafting and completion of the meeting minutes stage

First –  By hand:

After the counting and reading aloud of the votes is finished, the meeting minutes of voting at the station will be drafted in six copies and the vote count for each candidate will be stated in these meeting minutes.  After being drafted, the minutes will be signed by the representative of the county or district governor, staff of the voting branch, the Supervisory Board official, and the Interior Ministry monitor.  Immediately, one copy of the minutes, along with all used registration papers and read ballots, will be placed inside the ballot box and after wrapping, stamp, and sealing of the box (or boxes) the voting station staff – along with county or district governor’s representative and in the presence of the security forces – will officially deliver the ballot box (or boxes), two copies of the meeting minutes of the voting branch, unused registration papers and ballots, and all other accessories and documents to the Executive Board or its representative.  If, on election day, difficulties or complications have arisen, they must be stated in the meeting minutes and signed by branch staff and representative of the county or district governor and Supervisory Board official and the Interior Ministry monitor.

Second – By computerized vote-counting machines:

After the finish of counting and reading aloud of the votes, the meeting minutes of the results will be drafted in six copies and signed by the operator of the machine and at least the head of the branch or his/her deputy, Supervisory Board official, county or district governor’s representative, and the Interior Ministry monitor.  Immediately, one copy of the minutes, all used registration papers and ballots that have been read aloud, and one copy of the minutes from the planning meeting at the branch will be placed inside the ballot box and, after wrapping, the voting box (or boxes) will be stamped and sealed.

The box(es) will officially be delivered to the Executive Board or its representative along with two copies of the meeting minutes of the voting branch, the remaining unused registration and ballot papers, and the remaining accessories and documents.

If, on election day, difficulties or complications have arisen, it must be stated in the planning meeting minutes at the voting station.

Article 66

The program for registration, voting, reading aloud, and counting of the votes in the second round:

The program for the first round registration, voting, reading aloud, and counting of votes will be repeated in the second round in compliance with the following:

1.      If the birth certificate of the voter has been stamped with the stamp of the elections, it [the stamp] must be from the same election district where the voter is voting in the second round.

2.      If the voter has not voted in any election districts in the first round, and his/her birth certificate is lacking a stamp from the first round, he/she can vote at any election district that he/she prefers.

3.      The birth certificate of the voter may not be stamped with an election stamp from the second round.

4.      In abiding by the contents of the indicated sections, the voter’s birth certificate must be stamped with the stamp of the second round elections.

Article 67

After receiving all ballot boxes and documents and meeting minutes of voting branches of the district, the Executive Boards of districts (excluding districts that are the centers of election districts) will draft the meeting minutes in five copies for the total votes from all branches in the district in the presence of members of the Supervisory Board. They will deliver the necessary documents and ballot boxes – along with two copies of the meeting minutes – to the district governor or caretaker of the district governor’s office to be forwarded to the center of the district.

Article 68

Immediately upon receiving the following, district governors from across the country (excluding district governors of the centers of the election districts) are required to send them to their respective county governors so that by that route they are delivered to the Executive Board of the center of the election district:

-the Executive Board’s meeting minutes of the results of the total vote count in the district

-the forms of results of the vote count in individual voting branches, as well as all documents, accessories, and ballot boxes of each branch

-two copies of the meeting minutes of the results of the district vote count results

-all unused registration papers and ballots

Clause.  In districts in which the administrative division and elections division don’t overlap – as well as those that are peripheral districts of other districts – district governors are required to forward the relevant meeting minutes and other election documents directly to the center of the respective election district.

Article 69

Immediately upon receiving all documents, accessories, ballot boxes, and the meeting minutes of subordinate districts, County governors of peripheral districts are required to arrange for a meeting of the peripheral Executive Board in the presence of the Supervisory Board and to record the overall result of the voting in the center of the township and subordinate districts in a set of meeting minutes.

Article 70

County governors of peripheral districts are required to immediately deliver all documents, accessories, ballot boxes, remaining unused registration and ballot papers, and one copy of the meeting minutes from the meeting of the peripheral Executive Board of the township to the county governor of the center of the election district to deliver to the Executive Board of the center of the election district.

Article 71

After receiving the meeting minutes from the reading aloud of the votes of peripheral districts, the county and district governors of the centers of election districts will deliver – in the fastest possible way – all documents, accessories, and ballot boxes related to them to the Executive Boards of the centers of the election district.  After matching the results, the Executive Board of the district center will immediately draft a set of joint meeting minutes in the presence of the Supervisory Board for the results of the elections of the election district.

Clause.  County and district governors of the centers of election districts are required to keep and protect at a safe location all unused and remaining registration papers and ballot papers that they have received from peripheral districts as well as with what is left at the center of the election district.

Article 72

After receiving the meeting minutes of election results indicated in article 71 of this bylaw, the county and district governors of the centers of election districts will immediately forward them to the National Elections Commission and Guardian Council.  They will then draft an announcement of the election results throughout the election district.

Article 73

In the peripheral districts of religious minorities, immediately upon receiving ballot boxes, documents, and meeting minutes of voting branches, the Executive Boards – in the presence of members of the Guardian Council Supervisory Board – will draft a set of meeting minutes on the total vote count of all the related county and district governor’s office voting stations. They will make these meeting minutes in five copies. Documents, accessories, boxes, meeting minutes, and all remaining unused registration and ballot papers will be delivered to the responsible county or district governor in order to announce the result to the county governor of the center of the election district.

Article 74

Immediately after receiving the meeting minutes for results of voting from the responsible peripheral religious minority Executive Board, county and district governors who are in charge of religious minorities in peripheral districts are required to report its contents to the governor of the center of the respective election district (Tehran or Esfahan).

Subsequently, one copy of the original meeting minutes – with one copy of voting results of all voting branches attached to it – is to be sent to the governor of the center of the election district by the fastest postal method available.

Clause.  Sending ballot boxes and other election documents related to religious minorities to the center of the election district (Tehran or Esfahan) is not necessary.  They will remain in the county or district governor’s offices of the peripheral district.  Needless to say, in case the ballot boxes or other documents are needed by the Executive Boards of the centers of religious minority election districts, county and district governors of the peripheral religious minority election districts are required to immediately make the requested items available to the indicated boards by sending a special courier.

Article 75

Immediately after receiving the results of voting from the peripheral religious minority election districts, the governors of Tehran and Esfahan (centers of the election districts of the religious minorities in the country) will rigorously apply articles 71 and 72 of this bylaw for these districts also.

Article 76

Governors of Tehran and Esfahan will draft a notice announcing the results of religious minority elections and publish the indicated notice in the center of the election district.  They will also immediately report its content to the responsible governors of the peripheral minority districts in order to publish them in the peripheral district also.

Article 77

Immediately after receiving the notice of election results from the governors of centers of election districts for religious minorities, county and district governors of peripheral districts of religious minorities will publish it by the stipulated deadline to inform the related religious minority.  They will publish the notice in the indicated peripheral districts of the county or district.

Chapter Seven –  Addressing Appeals and Verdicts by the Guardian Council

Article 78

In case no complaints about the elections have been received by the end of the legal deadline, the Executive Board of the center of the election district will hold a meeting in the presence of the members of the Supervisory Board.  They will state that no complaints were received and comment on the way the election was conducted in a set of meeting minutes.

Article 79

If complaints are received by the Executive Board of the center of the election district, in abiding by article 68 of the Law, the received complaint will be investigated and the results will be stated in a set of meeting minutes.

Article 80

Upon receiving the meeting minutes of investigations of the  complaints from the Executive Board of the center of the election district, the county and district governors of the centers of election districts will immediately send three copies to the National Elections Commission and one copy to the Supervisory Board of the center of the election district.

Article 81

The National Election Commission will forward two copies of the received meeting minutes to the central Supervisory Board of the election to review and announce the opinion of the Guardian Council.

Article 82

The Guardian Council will announce its opinion regarding the elections in each one of the election districts to the National Election Commission in conformity with the clause of article 72 of the Law.

Article 83

Immediately after receiving it, The National Election Commission is required to issue the Guardian Council decision to the county or district governor to initiate the lawful proceedings.

Chapter Eight: Issuing Credentials for the Elected 

Article 84

After receiving the decisions of the Guardian Council regarding the conduct of the first round of the elections that has been issued to them via the National Election Commission, the county and district governors of the centers of the election districts are required to arrange for a joint meeting of the Executive Board and the Supervisory Board of the center of the election district at most within 48 hours.  They are to report the final result and the conclusion of the program of the first round of the election in the meeting minutes.  And in case there are elected candidates from this stage, they must initiate the process of issuing their Credential Letters.

Article 85

In districts where no Credential Letters are issued for any candidates during the first round elections:

Immediately after receiving each of the meeting minutes conveying the final results of the first round elections, county and district governors of the center of these election districts are required to forward two copies of them to the National Election Commission, one copy to the Supervisory Board of the center of the election district, and to maintain the final copy in the files of the election district.

Article 86

In the election districts where Credential Letters are issued for candidates from the first round:

Immediately after receiving the related meeting minutes, the county and district governors of the centers of these election districts are required to submit one copy of the complete Credential Letter to the elected individual or his/her representative (who has been introduced in writing).

Using a secure courier, two copies from the meeting minutes along with three copies of the Credential Letter, will be sent to the National Election Commission via the Provincial Election Commission.

The county or district governors will subsequently report the final election result to the National Election Commission.

One copy of the meeting minutes is to be delivered to the Supervisory Board of the center of the election district and the remaining copy will be kept in the files at the election district.

Clause 1.  A photo of the elected candidate must be attached to all copies of the Credential Letter and the letter must be stamped with the stamp of the county or district governor’s office of the center of the election district.

Clause 2.  In implementing the clause of article 74 of the Law: After the announcement of the decision of the Guardian Council, if any members of the Executive and Supervisory Boards refrain from signing the Credentials Letter, the county or district governor of the center of the district is required to quickly deliver all copies of the Credentials Letter to the National Elections Commission to obtain the signature of the Interior Minister and the Head of the central Supervisory Board.  These Credential Letters are to be sent by secure courier to the Provincial Elections Commission, which will then forward them to the National Elections Commission.

Clause 3.  In implementing article 74 of the Law, one copy of the Credentials Letter of the elected candidates will be delivered to the Guardian Council by the National Election Commission.

Clause 4.  After the decision of the Guardian Council is issued following the first round, all implementation stages will be repeated in exactly the same manner for the second round.

Chapter Nine: Eliminating Used Registration and Voting Papers

Article 87

After the task of attending to and reviewing the Credential Letters for all elected candidates has been completed by the Parliament, the Interior Ministry is required to order county and district governors of the centers of election districts to destroy the used registration and voting papers inside the ballot boxes of all election districts.

Clause 1. Before issuing the order to destroy used registration and voting papers, the Interior Ministry can, in order to collect data and information about the voters, such as age, sex, marital status, education level, and… make the necessary use of the registration papers of the voters.  Obviously, respecting the secrecy of the ballots is necessary [in this process].

Clause 2.  In order to protect the documents and official papers related to the elections, the National Election Commission is required to arrange for three boxes containing the registration and voting papers and the meeting minutes from the election station results from each province, to be delivered in their entirety to the Center for Documentation of the Islamic Revolution.

Article 88

After receiving the order from the Interior Ministry to destroy all used registration and voting papers for the parliamentary election, county and district governors of centers of election districts are required to destroy the used registration and voting papers in an appropriate way in the presence of the Executive Board, and if possible, the Supervisory Board of the center of the election district.  They must report the details in a set of meeting minutes.

Clause.  So that the ballot boxes from peripheral election districts of religious minorities is maintained at the location of the peripheral district, and does not get sent to the center of the election district, governors of Tehran and Esfahan, as centers of election districts for religious minorities, are required – after receiving the order from the Interior Ministry – to issue the instructions to the subordinate peripheral districts so that the peripheral election districts immediately initiate this action and forward two copies of the corresponding meeting minutes to the center of the election district.  One copy of these meeting minutes – along with one copy of the meeting minutes from the center of the election district – will be sent to the National Election Commission by the governors of Tehran and Esfahan.

Article 89

Instructions and forms related to implementing this bylaw will be official with the approval of the Interior Minister.

This text [bylaw] will replace legislation number 49894/T 22190/H, dated 16/9/1378 [12/7/1999].

Special Article [Madeh Vahedeh] From the time of approval of this law, the limits of the election districts of the Parliament – in abiding by Principle 64 of the Constitution – will be according to the following chart, to include 196 election districts with 270 individuals:

[Translator’s note: the demarcations of election districts are available at the website of the Majles Research Center at

http://rc.majlis.ir/fa/law/show/91348 ]

Clause. The election districts will always abide by any kind of deductions or addendums based on The Law of Definitions and Criteria for National Districts [Qanun-e Ta’aarif va Zavabet-e Taghsimat-e Keshvari] that is done at the level of village [roosta] and rural agglomeration [dehestan].

The above “special article” [Madeh Vahedeh] and one clause was legislated on the Sunday Farvardin 30th, 1366 [4/19/1987] session of the Parliament and approved by the Guardian Council on 3/2/1366 [5/23/1987].

Amendment Bill to the Law of Parliamentary Elections 

To: His Excellency Hojatol Eslam val Moslemin Mr. Karoubi

The Honorable Speaker of the Majles

The Amendment Bill to the Law of Parliamentary Elections – which was proposed by the Interior Ministry and approved by the cabinet of ministers on 20/5/1381 [8/11/2002] – is hereby presented to go through the legal stages and protocol.

Seyyed Mohammad Khatami, President

The Amendment Bill to the Law of Parliamentary Elections Legislated on 7/9/1378 [11/28/1999] (that hereafter will be referred to as the “Law”) and its Later Changes (Amendments on 13/10/1378; 29/1/1378; 4/11/1378; 9/3/1380; 25/8/1378) will be according to the Following:

 

1.     Article 3 will be amended as follows:

Article 3

Based on Principle 99 of the Constitution of the Islamic Republic of Iran, supervision over Parliamentary elections is the responsibility of the Guardian Council and will be carried out according to this law.

2.     The phrase “votes taken without a birth certificate” will be added as line 13 to article 19 of the Law.

3.     The clause of article 25 of the Law will be amended as follows:

Clause.  The president may also select and dispatch monitors to the registration and voting stations for the purpose of monitoring and controlling the election process.

4.     The following text will be article 28 and its first and second clauses and will replace articles 28 and 30 of the Law and their later changes:

Article 28

Barriers to being elected as representative include only the following:

1.      Lack of belief and acceptance of Islam and the system of the Islamic Republic of Iran.

2.      Citizenship of foreign countries.

3.      Lack of loyalty to the Constitution and the progressive principle of the Absolute Rule of Jurist [Velayat-e Motlagheh Faghih].

4.      Age over 75 years or less than 25 years.

5.      Having had an effective role in strengthening the pillars of the previous regime as decided by a court of law.

6.      Confiscation of unclaimed lands as determined by a court of law.

7.      Organizational affiliation with political parties, organizations, and groups whose illegality has been announced by qualified authorities and as determined by a court of law.

8.      Conviction of an attempt against the Islamic Republic of Iran as ruled by a qualified court of law.

9.      Conviction of apostasy by a qualified court of law.

10. Reputation for corruption and known publically for vice or debauchery.

11. Conviction of breaking Sharia law unless [the person] has repented and the repentance has been proven.

12. Drug traffickers and addicts.

13. Having been restricted and convicted under Principle 49 of the Constitution of the Islamic Republic of Iran as determined by a court of law.

14. Affiliation with the previous regime, such as being a representative in the previous Senate or National Assembly or membership in the board of directors of the Rastakhiz and Iran Novin political parties and their provincial, city, and township associations.

15. Conviction of betrayal, theft, and expropriation of other people’s property, and financial abuse as determined by a court of law.

Clause 1.  Religious minorities stipulated in the Constitution of the Islamic Republic of Iran are exempt of the first part of line 1 and must prove their faiths in their own religion.

Clause 2.   The elected candidates must meet the following conditions at the time of registration:

1.      Sufficient ability to read and write.

2.      Physical health at the level of being blessed with vision, hearing, and speech

5.     The following text will be added as article 30 to the Law:

Article 30

Based on Principle 37 of the Constitution of the Islamic Republic of Iran, the principle is that all are innocent unless proven guilty and ascribing the allegations outlined in article 28 of this law to Parliamentary candidates must be based on documents and evidence validated by the qualified authorities.

6.     The following will replace article 29 and its amendment of 25/8/1378 [11/16/1999] as article 29:

Article 29

The following individuals are prohibited from being candidates based on their positions and occupations:

1.      The Interior Minister and his deputies.

2.      Provincial governors and their deputies; county and district governors in the districts under their jurisdictions.

3.      Members of Executive Boards in their respective election districts.

4.      Members of the Guardian Council.

5.      Supervisors of the Guardian Council in the election districts under their responsibility.

6.      Employees of the armed forces.

7.      Members of the Intelligence Ministry throughout the country.

Clause.  The above individuals may only become candidates for Parliament if they resign their posts two months in advance and are in no way active in that post.

7.      Article 32 is amended as follows:

Article 32

County or district governor of the center of the election district will select 30 qualified local trusted citizens for the selection of principle and reserve trusted citizens.  The county or district governor of the center of the election district will immediately invite – in writing – the thirty candidates for trusted citizen.  The nominees will hold a meeting within a maximum of two days from the invitation.  If at least two-thirds (twenty people) of the nominees are present, they will elect from among themselves nine people as principle trusted citizens and five people as reserve trusted citizens for the Executive Board.  The election is decided by secret ballot and a relative majority of the votes.

Clause.  The following situations will preclude an individual from being selected as local trusted citizen:

1.      Lack of belief in and practical allegiance to Islam and the Constitution of the Islamic Republic of Iran.

Clause.  Trusted citizens from the religious minority election districts are exempt from the requirement “Lack of belief and practical allegiance to Islam”.  These individuals must demonstrate faithfulness to their own religion.

2.      A bad reputation.

3.      Not having sufficient literacy

4.      Having had an essential function in enforcing the foundations of the previous regime.

5.      Organizational affiliation with political parties, organizations, and groups who have been declared illegal by qualified authorities.

8.     In clause 2 of article 34, the phrase “and the Interior Ministry” will be added after the phrase “the superior Supervisory Board”.

9.     The phrase “and the Guardian Council” in article 48, in front of the phrases “after receiving the details” and “report”, will be eliminated and the word “lack” will be added in front of the phrase “indicated eligibilities” and the phrase “if necessary” will be added in front of the phrase “in order to”.

10. Article 51 of the Law and its clause will be amended as follows:

Article 51

County and district governors of the centers of election districts are required to forward the views of the Executive Board regarding eligible candidates as well as individuals deemed ineligible to the candidates within one day.

Clause.  Forwarding the opinion of the indicated board to those individuals whose eligibility has not been approved shall be in a confidential manner.  The candidates may, within four days from the date of receiving the decision, submit their documented appeal to the provincial Supervisory Board.

11. Article 52 and its clauses are amended as follows:

Article 52

Reports, complaints, and appeals that are the topic of article 51 of this Law will be reviewed in a meeting of the provincial Supervisory Board within five days after the deadline for receiving them.  The result will be reported in a set of meeting minutes and one copy of the meeting minutes will be sent to the county or district governor immediately.  If the provincial Supervisory Board confirms the decision of the Executive Board regarding the disqualification of a candidate, the indicated Supervisory Board is required to also solicit the view of the central Supervisory Board in this matter.

Clause 1.  The county or district executive is required to issue in writing the points of objection that were the basis of the disqualification to the related candidate within one day of receiving the decision from the provincial Supervisory Board. This is so that in case [of appeal], he or she can submit their appeal in writing within a maximum of four days to the Guardian Council.

Clause 2.  The Guardian Council is to report its final and definitive decision confirming or overturning the verdict of the Executive Board regarding disqualification of the candidates to the Interior Ministry.  The Interior Ministry will issue the announced decision of the of the Guardian Council to the responsible county and district governors within one day in order to publish the list of names of election candidates.

12. Article 53 of this Law is amended as follows:

Article 53

If, in reviewing the legal criteria of the candidates and in carrying out its other responsibilities, the Executive Board does not abide by the legal criteria of the elections, the county or district governor – with the knowledge of the Supervisory Board of the Guardian Council and the Interior Ministry – is required to initiate the process of replacing any one of the trusted citizens of the Executive Board-or initiate the formation of an altogether new Executive Board.  Exchange of some members or complete formation of a new Executive Board will take place according to articles 32 and 35 of the Law.

13. The following text will replace article 55 of this Law:

Article 55

Each one of the candidates individually – or several candidates jointly – may introduce a voting station representative to monitor voting stations. These representatives are to be introduced to the Executive Board of the center of the election district.  The voting stations to be monitored must be designated beforehand according to the following:

A.     One representative per branch in districts that have up to ten candidates.

B.      One representative per two branches in districts that have eleven to twenty candidates.

C.      One representative per three branches districts that have twenty-one to thirty candidates.

D.     One representative per four branches districts that have thirty-one to forty candidates.

E.      One representative per five branches districts that have forty-one to fifty candidates.

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