الـتـنـظيـم القانوني لـتصويـت ناخـبي الخـارج ( دراســـة مــقـــارنــــة )

Rp- Legal Regulation of Voting by Overseas Voters ( A Comparative Study).pdf

Elections are the best democratic means that enables voters abroad to exercise their political rights, including the right to vote, since it is a right guaranteed to all under international and national legislation without discrimination between them.
Which requires the provision of material and technical capabilities in order to choose the best method through which it is applied, since its adoption is not without many challenges and difficulties that may affect the possibility of conducting it easily and easily, which requires work to develop the internal legislation of countries regarding the voting of foreign voters. As well as the practical mechanisms and organizations for the exercise of this right In order to ensure that the voting process is conducted in an atmosphere of tranquility and transparency, it must be surrounded by a wall of legal guarantees represented in electoral appeals that enable voters from abroad to submit complaints and appeals against violations that occur during the various stages of the voting process.Despite the importance of this type of guarantees, the legislator left the matter of organizing it to the Independent High Electoral Commission by issuing regulations and instructions, as well as the criminal guarantees established for the right to vote, which despite the stipulation in the body of the election law and the Iraqi legislator’s attention to them, but he was not successful in addressing them in a way Kamel did not criminalize many of the acts, likened it to the comparative legislation, and did not determine the appropriate penalties for the gravity of the act. In addition to them, there is international and national oversight, which plays an effective role in maintaining the integrity and transparency of the voting process for foreign voters.
Through the study, we concluded that the Iraqi legislation suffers from a legislative shortcoming in dealing with the issue of voting abroad, despite its stipulation in the successive election laws. Therefore, the study recommended the need to benefit from the experiences of comparative legislation, through the statement of the legal regulation of the voting of voters abroad in the core of the election law. The study recommended allowing agents of political parties and candidates to access all stages of the electoral process, and the study called on the Iraqi legislator to determine the authority competent to monitor and supervise the elections and be affiliated with the United Nations to achieve integrity and transparency