Palestinian Election Laws: Between Participation, Inflation, and Authoritative Control

Finally, the electoral system for the Palestinian National Council for the year 2026 and the amended Law No. 10 for the amended Law No. 1 of 2007 regarding general elections were published in the official gazette on 18/6/2026; as an official documentation that cannot be reversed, and any changes to them require a new decision of the same legislative nature. The recent amendments to the general election law include significant positive aspects, particularly the lowering of the candidacy age, increasing women's representation within electoral lists, alongside reducing the threshold percentage to 1%, which enhances opportunities for participation and representation in any upcoming electoral entitlement. However, on the other hand, there are some minor observations about them:

(1) Treating the Possibilities of the State of Palestine as a Great Power
The Palestinian legislator deals with the treasury of the State of Palestine with great leniency or the studies presented to him do not inform him of the impacts or financial costs and repercussions of the "legislative preparation" for increasing the number of members of the Legislative Council "House of Representatives of the State of Palestine" from 132 members to 200 members, an addition of 68 seats. It is noteworthy that Palestinians began their term in the Legislative Council with 88 members in 1996, and in 2005 the Legislative Council was increased by the 2005 election law by 44 members, or a third of the members. The increase with the added number in the law decision becomes greater than the first council by 112 members, meaning that the average increase over thirty years reaches 127%, thus the number of Legislative Council members will be 455 members by the year 2056. Moreover, the proposed size of the Legislative Council is considered high compared to the population and legislative institutions in neighboring countries with similar population numbers.
A thorough reading does not stop at the numerical increase and its recurrence but also on the balance between political desire and the financial capacity of the state; as every numerical increase in MPs is accompanied by an increase in public spending from the general treasury or, more accurately, from the pockets of taxpayer citizens, as each member of the council requires a monthly salary and tasks, in addition to at least three employees to assist him in performing his duties, even if he recruits employees in the security and civil service sectors, and needs facilities or privileges defined by Palestinian law, all at the expense of the general treasury. Additionally, this number "200 members" requires a new headquarters for the Legislative Council able to hold its public sessions and committee meetings, especially since the old council building was not designed to accommodate this number. Not to mention employing a sufficient and qualified number in the new Legislative Council headquarters to meet the technical, procedural, and logistical needs for the proper functioning of the inflated Legislative Council. All of this will be at the expense of taxpayers amid an economic crisis that hits the pockets of citizens and a financial deficit in the public treasury that undermines the ability to provide essential services.
 
(2) Error or Forgery in Legislative Announcements
On the fourteenth of this month, it was published on the Palestinian News Agency "Wafa" that the president had issued an amended decision-Law regarding the elections, and at the same time the decision-law signed by President Mahmoud Abbas was leaked or published as customary. However, there were changes between the two texts regarding amendments to articles 5 and 7 of the new law, especially since the news published by "Wafa" did not include the additions published in the official gazette. In this case, an investigation is required to ensure that what was stated in the official gazette did not contain errors upon publication, or that there was forgery in the decision-law published bearing the signature of the Palestinian president. This case requires transparency, especially in the current critical phase of the Palestinian people's history; otherwise, there will be skepticism about everything that will be issued later in terms of legislative texts or decrees and decisions.     
 
(3) The Relationship Between the Head of State and the Organization Needs Addressing
The general election law and the electoral system for the Palestinian National Council did not resolve the issue of the mechanisms for the election and status of the head of the Organization and the head of state, a matter in the Palestinian political system; the head of the organization is chosen from among the members of the elected executive committee according to the basic system of the PLO by the elected national council members, meaning that the members are originally elected, while the head of state is directly elected separately from the members of the Legislative Council according to published constitutional election laws, and thus is not a member of the Legislative Council according to the format in the electoral system. So how will he be a member of the national council representing the Palestinian territories? The same applies to who will have superiority, especially if the head of the organization and the head of state are two different individuals, which is an inevitable issue under this system. Members of the executive committee are no longer members of the national council by virtue of their position, except in one case where the head of the organization is from the diaspora and runs for the presidency of the State of Palestine in the electoral districts of the Palestinian territories, meaning he must be registered in two electoral registers, one inside and one outside, which is an electoral crime as he has "used his voting right more than once".
 
(4) Women's Quota and Lack of Respect for National Council Decisions
Regardless of the error in the legislative phrasing in Article 3 of the amended election law, which is sufficient if only paragraph one states: "Every candidate list for the elections must include a minimum representation of women of no less than 30% of its candidates, provided that one woman is listed among every three candidates listed throughout the list," while the second paragraph in the same article is an unnecessary addition since the first paragraph already indicates that the existing quota is a minimum; it is undesirable in legislative phrasing to emphasize what has already been established. In this case, the text assuring the 30% women's quota will be on the nomination lists rather than guaranteeing it in the Legislative Council, which makes it inconsistent with the decision of the National Council and the Central Council that women's presence (the quota) in the representative council should not be less than 30% of the total seats in the Legislative Council.

(5) Concurrent Legislative and Presidential Elections to Alleviate Financial Burdens
Conducting legislative and presidential elections concurrently on the same day, after completing the necessary political and technical preparations to ensure their success, provides Palestinians with a comprehensive opportunity to determine their political options while simultaneously reducing the financial burdens associated with organizing two separate electoral processes, and ensuring a more efficient management of the electoral process. However, announcements indicate the separation of the election of the president from the election of the Legislative Council, which means adding financial burdens on taxpayers and the public treasury.
 
(6) Addressing Procedural and Political Issues to Ensure Elections Are Held
The success of any upcoming elections requires addressing a set of political and procedural challenges, primarily the mechanisms for holding elections in the Gaza Strip, updating the electoral register, ensuring the participation of voters who have been displaced or prevented from reaching their original places of residence, in addition to addressing the issue of Palestinian participation in Jerusalem and the potential for Israel to obstruct the electoral process there.
 
(7) The Timing of Elections Needs to be Revisited
The timing of the elections is a significant factor, especially if it coincides with the upcoming Israeli elections, as the current Israeli government may refuse to facilitate their conduct in Jerusalem, weakening any international pressure to urge the Israeli government, particularly since it will be transitional after the Knesset elections and knowing the results and subsequent changes that will occur. Delaying the elections until early next year to clarify the feasibility of holding elections may provide an opportunity to deal with a new Israeli government that may be more responsive to international pressures to adhere to previous agreements regarding elections in Jerusalem.
 
(8) The Political Condition and Its Risks
A political condition was added in the amended election law that may lead to reluctance to participate in the electoral process, which represents an entry point to end the political division between the West Bank and Gaza Strip. On the other hand, this could create political isolation for certain political and social factions that may resort to clandestine actions, which could lead to vertical divisions within the Palestinian people causing future civil shocks. Not to mention that these conditions contradict the provisions of Article 9 and Article 26 of the amended basic law on one hand and the commitments of the State of Palestine which are signed to the International Covenant on Civil and Political Rights on the other hand. In my opinion, limiting it to what was agreed upon in the latest agreement between Palestinian factions that took place in Beijing in 2024 may be beneficial or more defendable in internal circles as it is a non-exclusionary condition agreed upon by all Palestinian factions without exception.
 
(9) Financial Conditions Hindering Candidacy
The General Election Law No. 1 of 2007 imposes contradictory financial conditions; Article 39 imposes a deposit of three thousand dollars for anyone running for president, while Article 49 imposes a deposit of ten thousand dollars on candidate lists. Meanwhile, the election system of the national council imposes in Article 25 a deposit of six thousand dollars. Not only is this a financial burden, but it discriminates between members of the Palestinian people inside and outside on one hand and fails to appreciate the importance of the powers the president has if he wins.
 
(10) Discrimination Among Factions on Lists Hindering Broader Participation
The General Election Law and the electoral system of the national council show discrimination between independent electoral lists and political frameworks by conditioning independent lists to obtain signatures from 3000 registered voters in the electoral register, especially since many Palestinian factions failed to secure seats in the Legislative Council in 2006 and in 1996 which does not grant them the "right of distinction" used in some countries to gain government financial support in their electoral campaigns. This condition is set in systems that seek to hinder citizens' engagement in public life, which are largely extinct and faded, and it contradicts the rights of political participation guaranteed in the Palestinian Basic Law.
 
(11) Precondition for Identifying Spending Amounts and Sources for the Election Campaign
The General Election Law, among the conditions for submitting candidacy requests for electoral lists, stipulates in its Article 50 the obligation to specify "the amounts spent on the election campaign and their source" as prior scrutiny of the validity of the candidacy. At the same time, Articles 68 and 69 define the sources and limits of spending on the election campaign in the context of post-oversight on the spending process and obtaining funding for electoral lists. The preemptive technical hindrance prevents broad participation in the electoral process, especially since there is a thirst for participation in elections after a long absence of the electoral process, in addition to the fact that it favors traditional factions that receive a significant portion of their finances from the public treasury as monthly financial shares compared to independent lists that are essentially a gathering of dispersed individuals wishing to unite for the purpose of participating in the electoral process or contributing to the formulation of public policies, often lacking funding sources except for those who have private wealth, which may help them represent social sectors or the majority of citizens; as if the Palestinian legislator prefers the wealthy at the expense of others from the Palestinian people.
 
In my opinion, these observations, among others, are worthy of attention, consideration, investigation, and scrutiny by the Palestinian legislator; especially since it has opened the door for amendments to the election law, and there is a desire for conducting public elections "legislative and presidential", and the need to broaden participation in public life and manage public affairs, and strengthen and solidify the Palestinian political system towards realizing the Palestinian state.