| The Elections Act of
the Islamic Consultative Assembly |
| Chapter 2 - The Quality of Elections |
| Article 7: |
| The elections will be enforced publicly and directly with confidential votes. |
| Article 8: |
The election of a member in the first stage is subject to obtaining the majority of at least one forth of total votes (one third in
the previous Majles) and in the second stage as well as middle-period elections , the pro rata majority.
Note 1: In case of the equality of two or some members votes, the measurement for their election is drawing lots being carried out in the common meeting of Executive Boards and Supervisory Board of Election station Center. The said candidates or their representatives are authorized to appear in the casting ceremonies.
Note 2: If the elections of one or more election stations are intercepted or cancelled or the candidate's credentials are not confirmed by the Parliament, The Ministry of the Interior shall be obliged to hold re-elections within 5 months simultaneously in the said station in coordination with Guardian Council. The 5-month respite is commenced from the date when the last station status is determined.
Note 3:
If any station losses one or more members because of death, resign or any other reason, the Ministry of the Interior is obliged to hold the elections in the related station within 5 months after the date declared by the Islamic Consultative Assembly with coordination with Guardian Council.
Note 4: Those elected candidates whose credentials are refused due to the refusal of their competency in Islamic Consultative Assembly are not authorized to take part in the elections of the period of Islamic Consultative Assembly. |
| Article 9: |
If in the first stage of the elections, one or more candidates do no succeed to obtain the majority of one fourth (Previously one third) of the
cast votes, the elections will be held in two stages.
This means that from those candidates who did not obtain the quorum of one forth of the votes, but the highest votes of the first stage, only two times of the required number of the Parliament members can take part in the second stage of elections.
If the number of remained candidates are less than two times of required members, all of them will take part in the elections of second stage.
Note 1: None of the candidates are authorized to nominate in more than one station, otherwise their nomination will be cancelled and they will be deprived from participation in the elections of this period.
Note 2: Being coordinated with Guardian Parliament the Ministry of the Interior declares the date of second stage of elections one month after the declaration of first stage result and the authenticity of the elections shall be confirmed by Guardian Council.
Note 3: All the voters of second stage shall exclusively cast their votes to the same polls of the first stage. Those who have
cast no votes in the first stage, can cast in the second stage.
Note 4: In the middle period elections those ones are entitled to cast that they has
cast in previous elections of the same period or cast in none of the elections stations. |
| Article 10: |
In each stage of elections each qualified person is authorized to cast his/her vote only once by presenting his birth certificate.
Note 1: Polling votes in jails, garrisons and hospitals shall be carried out only by the presentation of birth certificate.
Note 2: The card for casting vote which has been attached to the birth certificate is sealed and then punched.
Note 3: Taking the votes shall be held simultaneous in all stations, all over the country. Its duration is at least 10 hours, which shall be extendable for 2 more hours.
Note 4: The Minister of the Interior is the only authority for discretion of the necessity for extension of taking the votes.
Note 5: Elections shall be held on one day of the public holidays. |
| Article 11: |
All ministries, organizations, departments, legal foundations, governmental institutes or affiliated units, municipalities and public institutes shall be obliged to put their employees and facilities at the disposal of the elections if they were requested by the Home Minister, governor-generals, governor and deputy governor. Obviously their employees' cooperation is considered as their mission.
Note 1: For supervision on the elections, all the organizations and foundations are obliged to offer their employees to Guardian Council and their assigned delegations, as per their request. Also the Ministry of the Interior, Governor-generals' offices, governors' offices and deputy governors' offices shall offer their facilities to them.
Note 2: The mission fee of the said employees shall be payable from the credit fund of their related organization. |
| Article 12: |
| The elections of Jews, Zoroastrians, Assyrian, Caldean Christians and north Armenian elections shall be held in the station of Tehran Governor's Office, but the elections of south Armenian Christians shall be held in the station of Isfahan Governor's Office where the religious minorities reside. |
| Article 13: |
| If the elections of Parliament coincide with another elections, according to the order of the Ministry of the Interior, one nomination and taking vote branch with the same members but separated polls are considered for both elections. |
| Article 14: |
| IRI Broadcasting is obliged to broadcast all the declarations and notices of elections as well as elections training programs at the discretion of the Ministry of the Interior, in addition to display the Parliament role and members' duties. |
| Article 15: |
The elections in the places where stricken by earthquake, war or flood, at the discretion and proposal of the Ministry of the Interior and approval of Guardian Council, shall be held in those cities where the refugees have settled or in the said stations if possible. This is publicly declared.
Note: The nomination and taking vote branches of the said places are set up in those cities in where more than 2500 refugees of the said places have settled there with no possibility to return to their own stations. |
| Article 16: |
The Disciplinary Forces shall be responsible for protection of polls and discipline according to the scope of their legal duties. They are not authorized to interfere in executive or supervisory affairs.
Note: In case of Disciplinary Force requirements and by virtue of the approval of legal competent authorities, military forces may cooperate with disciplinary forces. |
| Article 17: |
| The competent judiciary courts are obliged to arbitrate the elections crimes and violations, extraordinarily. |
| Article 18: |
In the following cases and by the confirmation of
the Supervisory board of the stations the vote papers are cancelled but considered in taken
votes:
- Illegible votes
- The votes achieved by sale and purchase
- he votes which bear the names other than the confirmed
candidates.
- Blank votes
Note: In those stations that the required number candidates is more than one, only the unreadable names will be cancelled.
|
| Article 19: |
In the following cases and by the confirmation of
the Supervisory board the stations the vote papers are cancelled and not considered in taken
votes:
- The poll is not sealed respectively.
- The votes are more than tariff.
- The votes of those persons who are not old enough to cast a
vote.
- The votes cast by the birth certificate of dead persons or foreigners.
- The votes cast by fabrication
- The votes cast by the Birth Certificates of other persons or fabricated
certificates.
- Repeated votes.
- The votes cast by the Birth Certificates of those who are not present.
- The votes which are no sealed by the elections station.
- The votes written on any other paper than the vote sheets.
Note 2: The extra votes mentioned in Item 2 are deducted from vote sheet by lots drawing.
|
| Article 20: |
If any name other than the candidates are written in the vote sheets, it won't be cancelled and only the excessive names are not considered.
Note 1: If the name of a candidate is frequently written in a vote sheet, only one vote shall be considered for him.
Note 2: If the cast votes are not separable due to the similarity of the candidates' names, the votes are divided among those candidates who are called the same. Regarding the remained inseparable votes, drawing lots shall be executed.
Note 3: When two elections coincide, the cast votes to the wrong poll may be transferred to the right one under the supervision of Guardian Council, before taking any action. |
| Article 21: |
| If the written names exceed the stipulated number, the extra names are not considered from the end. |
| Article 22: |
| Before the elections start, empty polls shall be closed and sealed by the seal of the Supervisory Board of Elections. The representatives of the board certify the quantity of empty polls, which is drawn up before the elections start. Whenever it is necessary to add a poll during the elections, all the afore-said formalities shall be carried out. |
| Article 23: |
| During the elections, the Ministry of the Interior shall be obliged to inform the public, of all election related affairs. |
| Article 24: |
| Governors and deputy governors of elections stations shall conform the result of their votes counting with supervisory boards of station, immediately after the completion of the elections and the counting the votes. The result shall be dispatched to the Ministry of the Interior and Guardian Council and finally publicly informed by the mass media. |
| Article 25: |
The Ministry of the Interior is responsible for the execution of Islamic Consultative Acts as well as good circumstance of elections. Therefore the Ministry is authorized to dispatch some representative to elections station or nomination branches during the elections.
Note: No organization is authorized to intervene in the elections or send any agent to the elections station, under the title of Elections Acts Execution or Supervision. |
| Article 26: |
| Immediately at the end of the elections, the result shall be drawn up in five copies signed by executive board of elections station center and supervisory board. One copy remains with executive board, two others are sent to the Ministry of the Interior, one copy to the supervisory board and one to the central supervisory board. |
