Translation: Municipal Elections Law 2024

In anticipation of the forthcoming municipal elections in NES, planned for 11th of June 2024, DAANES passed a new law explaining the election process. The elections have been called in accordance with the publication of the New Social Contract in December 2023.

Municipal Elections Law

Law No. 5 of 2024

This legislation outlines the fundamental principles and procedures pertaining to municipal elections, encompassing the voting system, the procedures for electing the co-chairs of the municipality and members of the municipal council, and provisions related to the electorate, candidacy and election.

Section One – Objectives and the Electoral System

Article 1: Objectives

In accordance with the stipulations of this legislation, the following terms are defined:

1. Election: The voters exercise their right to elect the co-chairs and members of the municipal council.
2. Commission: The High Electoral Commission of the North and East of Syria Region.
3. Voter: Every individual who is a resident of the DAANES areas, as well as those who are either undocumented or stateless if they meet the legal and eligibility conditions, are eligible to vote in the elections.
4. Voter Register: The register that contains the names and data of voters and is prepared by the High Electoral Commission, or whomever its delegated to do so.
5. Electoral card: The card issued by the High Electoral Commission which contains the personal data of the voter, on the basis of which they cast their vote.
6. Ballot paper: The paper issued by the High Electoral Commission which includes the names of the candidates for the elections.
7. Candidate: Every citizen who is registered in the civil register of the DAANES and whose nomination has been officially accepted by the Commission.
8. Individual list: The list in which one individual has the right to run for elections.
9. Closed list: The list in which a voter cannot choose specific names within one list.
10.  Open list: The list that includes the names of all candidates and enables the voter to choose the candidate they want to elect.
11.  Polling center: The place designated by the Commission within the electoral district to conduct the secret and direct voting process.
12.  Provisional announcement: The list that includes the names of the candidates accepted by the High Electoral Commission.
13.  Final announcement: The list containing the names of the candidates finally accepted by the High Electoral Commission.

Article 2: Electoral system

The electoral process takes place in accordance with the rules of free, direct, equal, secret and inclusive voting and public counting and sorting.

Article 3: Electorate

Under this law, each city and town is considered an electoral district for the purpose of electing municipal co-chairs and municipal council members.

Article 4: Members for municipal councils

The number of municipal council members in cities and towns is determined by the most recent census, as follows:

1. 16 members in municipalities with a population of up to 10,000 people.
2. 20 members in municipalities whose population ranges from 10,001 to 20,000 people.
3. 26 members in municipalities whose population ranges from 20,001 to 50,000 people.
4. 30 members in municipalities whose population ranges from 50,001 to 100,000 people.
5. 36 members in municipalities whose population ranges from 100,001 to 250,000 people.
6. 40 members in municipalities whose population ranges from 250,001 to 500,000 people.
7. 46 members in municipalities with a population ranging from 500,001 to 1,000,000 people.
8. 50 members in municipalities with a population of more than 1,000,000 people.

Article 5: Accepting and announcing nomination applications

1. The Electoral Commission Committee of each canton determines the number of members for each municipal council in its canton, according to the rules mentioned in the previous article of this law. Each council also has reserve members numbered at half the number of council members.
2. The Canton Electoral Commission Committee announces the names of the candidates whose candidacy has been accepted for the municipality co-chair positions and municipal council membership positions, and sends the names to the Commission Committees in cities and towns, which in turn announce the names in due course.

Article 6:

The date of the municipal elections is determined and announced by the High Electoral Commission.

Article 7: Voter

Conditions to vote:

1. The person must be 18 years of age or older.
2. The person must be a resident of the DAANES area and must have been a legal resident for at least 5 years.. 
3. The person must have full legal capacity.
4. The person must have an electoral card in accordance with the provisions of this law.

Section Two – Nomination

Article 8:

1. Every citizen can run for the municipality co-chair positions or the municipal council membership positions, whether on a party list or independently, according to the following conditions:

a) The person must be 18 years of age or older.

b) The person must be a resident of the DAANES areas and must have been legally residing in the center of the electoral district in which they are running for a period of not less than five years.
c) The person must have full legal capacity.

2. Political parties shall inform the High Electoral Commission of the approved method for determining their candidates.
3. Each political party and political coalition may present two candidates for the co-chairs of the municipality. In the case that one or both of the names are rejected, the party and political coalition have the right to present alternative names.

Article 9:

The [local] Commission Committee receives the list of candidates, issues a stamped receipt and posts the list ten days before the start of the elections until 18:00 on the day of the election.

Article 10:

1. Those who wish to stand as independent candidates for the co-chairs of the municipality or for membership of the municipal council must submit their application for candidacy, accompanied by documents certifying the fulfillment of the conditions for candidacy in accordance with what is established by law, to the co-chairs of the Electoral Committee of the municipality to which they belong, which will forward them to the Canton Electoral Commission.
2. Electoral committees in cities and towns announce lists of candidates as temporary lists in the electorate to which they belong, in accordance with the usual procedures.
3. A political party and political coalition applying to run for each list shall pay an amount of two million Syrian pounds to the public treasury as a non-refundable fee.
4. An independent candidate applying for candidacy shall pay an amount of five hundred thousand Syrian pounds to the public treasury as a non-refundable fee.

Article 11: Objections to the candidates

1. Objections regarding candidates may be submitted to the Canton Electoral Commision Committee
2. The Commission takes specific procedures regarding appeals in accordance with the provisions of the High Electoral Commission Law.

Article 12: Scrutiny of nomination applications

1. If, as a result of reviewing the conditions and procedures for candidacy, the Canton Electoral Commission Committee finds that there is a deficiency or discrepancy in the candidacy conditions stipulated in this law, it must notify the concerned candidate and the political parties and political coalitions of this, and the candidate has the right to correct the deficiency until the last day of the nomination period and the closing of the nomination period.
2. If the nomination request is rejected, the candidate has the right to appeal the rejection decision in accordance with the Law of the High Electoral Commission.
3. Political parties and coalitions must appoint a representative to communicate, coordinate, report and submit appeals before the Commission Committee of the canton, city or town.

Article 13: Announcement of candidates

1. After the end of the nomination period and the decision on appeals, the Canton Electoral Commission Committee announces the names of all candidates on the twentieth day preceding voting day.
2. The withdrawal of a candidate shall not be considered after the announcement of the names of the candidates, except after the close of the elections, and his withdrawal shall become effective after the counting of the votes, and this procedure shall also apply in case of death.

Article 14: Nomination of municipal council members and co-chairs

Co-chairs of people’s councils and communes can run for the position of municipality co-chair position or the position of membership in the municipal councils, without resigning from their positions in order to run. Their duties are suspended until the elections are completed. If one of them wins, they resign from their former position to carry out their new duties. As for workers, they can return to their previous jobs after the end of their term.

Section Three – Election Procedures

Article 15:

1. A single ballot paper is used in elections for the positions of municipality co-chair and membership in the municipal councils, and may contain closed, open or individual lists that include the names of candidates for the elections.
2. Ballot papers are prepared according to the following specifications:
   • Ballot papers are printed on specially manufactured papers bearing the Electoral Commission’s watermark by the High Electoral Commission or the Canton Electoral Commission Committee with the permission and supervision of the High Electoral Commission.
   • The ballot paper is divided according to the number of existing lists into a number of columns of equal width and length, separated by a distance of 1 cm.
   • The phrase “political parties and political coalitions” will be written at the top of the ballot papers that will be used in the municipal elections, and in the event that there are independent candidates, the phrase “political parties, political coalitions and independent candidates” will be written. These must be written in the presence of representatives of the political parties participating in the elections.
   • The logo of each party is printed at the beginning of its column and the name of the party is printed in full under the logo.
   • Subsequently, a 2 cm-long line should be drawn beneath the name, commencing at the point of the line break.
   • A circle with a diameter of 2 cm should be drawn, with a line of the same length extending below it. Subsequently, the names of the party’s candidates should be inscribed.
   • Ballot papers, of a number that exceeds the number of voters assigned to that center by 1% as a reserve, shall be sent to each center, numbered and stamped by the High Electoral Commission or the Electoral Commission that printed the ballot papers, with an equal number of envelopes and a list of the names of the candidates for council members.

Article 16: Voting method

1. The voter enters the secret booth to cast their vote by a “yes” stamp which is given to them along with the ballot papers.
2. The voter casts their vote for the party or independent candidate by stamping the circle under the name of the party or independent candidate on the ballot paper.
3. The voter folds the ballot paper, places it in an envelope, seals it then puts it into the ballot box and returns the stamp to the head of the voting center.
4. The voter places their right index finger in the ink and makes a finger print next to their name in the voter register list.

Article 17:

Electoral Commission Committees in cantons, cities and towns collect election records of the voting centers and determine the number of voters in that electorate as follows:

1. The total number of voters, the number of voters who cast their votes and the total number of ballot papers, both those considered invalid and valid.
2. The number of ballot papers that were not counted and were considered invalid and were not counted.
3. The total number of valid ballot papers.
4. The number of valid ballot papers that show the number of valid votes obtained by each of the political parties and independent candidates participating in the elections and are placed in their respective records.

Section Four – Post-Voting Work

Article 18: Determining the winners for the positions of co-chairs of the municipality

1. The election record pertaining to the elections of the co-chairs is collected and is sent by the ballot box committees to the Canton Electoral Commision Committee.
2. The names of the two candidates which had the largest number of votes from the list of co-chairs will be announced as co-chairs of the municipality.

Article 19: Determining the winners of the positions of municipal council membership

1. Each list gets winning seats in proportion to the number of votes it obtained from the total number of voters in the electorate.
2. The winner of the position on the list is determined by the order of the names on the list.
3. In the event that seats are not filled with integer numbers from all lists, the largest remainder method is adopted for the remaining seats allocated to the electoral district.
4. In the event of a tie between two lists or two candidates, the co-chairs of the city election commission shall draw lots from among the tied candidates to determine the winner.
5. The reserve members of the municipal council should number around half of the number of elected council members, and shall be determined as reserve members of the municipal council according to the number of votes they receive.
6. The Electoral Commission Committees in cities and towns announce the names of the municipal co-chairs and municipal council members – along with the original and reserve winners, and a copy of the results in each city or town is sent to the canton to which it belongs for approval in accordance with the usual procedures. A copy of them is posted on the door of the Canton Electoral Commission Committee for a week.

Article 20: Cancellation of elections or dismissal of election record 

1. If the objection to one of the election records is related to the casting, counting, or sorting of votes between political parties and independent candidates, and it is decided to dismiss the election record as a result of the recounting and calculation, then a new record shall be drawn up in that regard and the new results reached by the Committee shall be approved.
2. If it is decided to cancel an election held in an electorate due to a violation of electoral procedures, new elections will be held in that electorate. The Canton Electoral Commision Committee announces the decision to cancel the elections and immediately announces that the elections will be held in that district after the decision becomes final within 30 days after this announcement.
3. In the event that the membership of one of the winners is to be canceled for any reason, the Commission shall determine the next eligible winner in the order of succession established by the last winner.

Section Five – Electoral Results, Filling Vacancies and Re-elections

Article 21: Announcing the election results

The High Electoral Commission announces the election results on the basis of documents sent to it by the Canton Electoral Commission Committees

Article 22: Filling vacancies in the municipal council

1. In the case of a vacant seat in the municipal council, the co-chairs of the municipality request the competent Electoral Commission Committee to confirm the name of the reserve member who will join the council within five days from the date of the vacancy.
2. The member will be invited within three days to begin their duties, and the reserve member will complete the remaining term of the initial member’s membership.
3. Vacancies are filled from the same party to which the initial member belongs.

Article 23: Filling vacancies in the co-chair positions

1. If the position of one of the two co-chairs of the municipality becomes vacant for any reason at least one year before the end of the municipal council’s term, the High Electoral Commission will be notified by the municipal council to hold general elections for the vacant position.
2. If the remaining period is less than a year, the municipal council shall meet upon an invitation from the co-chairs of the Canton Federation of Municipalities to elect a new co-chair from among the municipal council’s members, within a maximum period of one month from the date of the vacancy, and the local council shall be notified of this.

Article 24: Re-elections

Municipal elections will be re-run in the following cases:

1. Before the end of the election period, when a decision is made to cancel the election held in an electorate due to a violation of electoral procedures.
2. When the municipal council is dissolved by a decision of the city or town council.
3. Following the induction of the reservists, the number of council members falls to less than half of the total number of members.
4. When one of the cases in points 2 and 3 of this article takes place, the co-chairs of that council shall notify the Canton Electoral Commission Committee in the canton of the necessity of repeating the elections, then the Canton Electoral Commission Committee decides to hold new elections in accordance with the usual legal procedures.
5. If the period remaining until the end of the municipal council’s electoral cycle is less than six months, then the council will continue to perform its duties until the end of the electoral cycle.

Section Six – General Laws

Article 25: Freedom of campaigning 

1. Campaigning in municipal elections is free in accordance with the provisions of this law.
2. The period of time during which electoral advertisements may be broadcast begins 20 days before election day and ends at 18:00 on the day before voting day.
3. It is prohibited to carry out public campaigning by mouth on public roads, in places of worship, in buildings and facilities where public services are provided and in areas other than those designated by the Canton Electoral Commision Committee.
4. The Canton Electoral Commision Committee determines the squares in which oral campaigning can be carried out publicly, in a way that does not lead to disruption of traffic and shopping.
5. The Electoral Commission Committee in cities and towns determines the areas, days, hours and times for holding meetings and notifies the Internal Security Forces, based on the request of political parties and independent candidates to carry out oral campaigning publicly.
6. Closed meetings may be held in the name of political parties or independent candidates participating in the elections.

Article 26: Electoral offices

1. As of the date of the commencement of electoral campaigning, political parties and independent candidates participating in the elections are entitled to establish electoral offices within the electorate in which they are participating, provided that they notify the Commission of the address of their electoral office and the name of the individual responsible for it.
2. Buildings and facilities belonging to professional organizations, public institutions, associations, cooperative federations and unions cannot be used for this purpose.

Article 27: Announcing and advertising places

1. It is permissible for political parties and independent candidates to affix party flags, banners, posters, and similar materials to electoral offices from the commencement of the campaign period until its conclusion.
2. Political parties and independent candidates may, from the start of the campaigning period until its end, hold open and closed meetings. In the course of electoral campaigning, they have the right to use flags, banners, posters, and advertising materials, and to hold parties.
3. With the exception of the places mentioned above, campaigning advertisements and campaigning materials may not be hung or pasted except in places designated by the Electoral Commission’s committees in cities and towns, and anyone who violates will be subject to a fine of one million Syrian pounds.
4. In the period following the announcement of the election results, candidates are required to remove all materials related to electoral propaganda. This period may not exceed fifteen days. In the event of non-compliance, the Electoral Commission Committee, in coordination with the municipality, will remove the offending material at the expense of the candidates.

Article 28: Candidates’ agents

The names of the agents submitted by the independent candidates and the political entities shall be approved according to the following:

1. The Commission’s committees in cities and towns approve the names of agents at the ballot boxes.
2. The Commission’s committees in the cantons approve the names of agents in the cantons centers for counting, sorting, and preparing reports.

Article 29:

This law shall be effective from the date of its promulgation by the DAANES Democratic Peoples’ Council. 

07.04.2024

Original version in Arabic.