Increased Control of the Guardian Jurist over the Electoral Institution

The issuance of general electoral policies by the leader of the Islamic Republic has paved the way for a new round of legal and legislative efforts to exert greater control over elections and intensify organized and structural disruptions in the path of free, fair, fully competitive, healthy, and effective elections. The Islamic Republic, due to the impacts of the Islamic Revolution and the establishment of the electoral institution after the Constitutional Revolution, cannot completely eliminate elections, nor does its interests dictate such a course. However, from the very beginning, it has sought to impair the electoral process and has reduced it to indirect appointments and the selection of representatives of the Guardian Jurist through the use of control mechanisms such as the Guardian Council, legal and extralegal interventions of the Guardian Jurist, media hegemony, and a repressive mass society under the guise of Hezbollah. Yet, this flawed electoral structure has always posed problems for the institution of the Guardian Jurist due to structural conflicts and the growing divergence within the system and increasing internal tensions, preventing the complete paralysis and total obstruction of the influence of the people and political and social forces opposing the current situation. An examination of the contents of the general electoral policies drafted by the Expediency Discernment Council and finalized with Khamenei's evaluation indicates that discussions regarding the ceremonial nature of the presidency, the re-establishment of the prime minister's position, or the election of the president by the parliament have been dismissed. However, this directive, which is expected to initiate the drafting of new laws and the reform of the current electoral laws in the coming months, contains key points that increase the limitations of elections and widen the gap between them and the standards of free and fair elections based on universal documents. Of course, there are positive aspects in these general policies, such as the emphasis on free and healthy elections, the necessity of providing documentation for disqualifications, respecting people's rights, non-interference of military and intelligence forces and governing institutions, prohibition of destruction, increasing public awareness, bribery and threats, and equitable access to political and media resources, but these remain largely rhetorical. Given the other contents and characteristics of the legal and real structure of power, they not only do not go beyond words and writings but also lead to practical outcomes that are contradictory to them. Some points are also significant in terms of form and technicality, including determining electoral districts in accordance with the geographical distribution of the population and electoral justice, utilizing new information technologies, scheduling elections simultaneously with a two-year interval, and taking necessary arrangements to minimize the prohibition of candidacy for active individuals. However, there are other headings that can serve to further deprive elections of their true meaning. Important points are elaborated below: A section of the general policies is dedicated to overseeing electoral expenses and examining how financial resources are secured and spent. This principle is necessary, but in the structure of the Islamic Republic, given the lack of impartiality of the judiciary, the implementation of this policy practically makes it difficult to secure national resources for critical forces outside the official power channels. It can be predicted that the willingness to financially support moderate factions of the government may decrease due to fears of retaliatory reactions from the dominant power sector. In the general policies, a section is also dedicated to strict control over preventing the receipt of advertising and financial resources from foreigners. The non-use of foreign financial resources in domestic political processes, including elections, is a correct and defensible discussion. However, given the political confrontations of the government and the media framing by circles close to the institution of the Guardian Jurist in baseless accusations and their judicial and security fabrications, the implementation of this principle will turn against critical forces and those outside the main power bloc. On the other hand, considering the monopoly of television networks and the one-sided use of public media platforms, the use of foreign Persian-language visual networks offers advantages for civil society and forces seeking change. Implementing this resolution without considering this point and clarifying the boundaries of distinction between receiving advertising assistance and the professional functioning of media will further constrain electoral freedom and justice. Of course, in this regard, activists of these networks must also be careful not to create the suspicion of propaganda from their media activities. Prevention of electoral and security crimes Given the non-judicial approach of the judiciary and the degradation of the country's intelligence apparatus to the guardians of the ruling current, this clause has also turned against critical forces, and based on this issue, the electoral activities of some candidates may be prematurely terminated under pretexts. The frameworks and rules of the electoral game are limited to factors such as increasing the authority and stability of the system. Given the undemocratic and totalitarian nature of the political system, attention to this issue practically narrows the competitive scope in elections according to the discretion of the Guardian Jurist as the backbone of the system. The increase in the powers of the Guardian Council in presidential elections has established that the criteria and necessary conditions for presidential candidates will be determined in detail by the Guardian Council. Given the contractionary and closed view of this council, the circle of those who can test their luck for entering the building on Pasteur Street is effectively narrowed. The expansion of the scope of intervention and activity of the Guardian Council In the general electoral policies, the scope of the Guardian Council's activities in parliamentary, Assembly of Experts, and presidential elections has visibly increased, further disrupting the functional structure of elections and diverging from the standards of real elections. According to statements by Abbasali Kadkhodai, the spokesperson for the Guardian Council, this body seeks to use this opportunity to stabilize and expand its supervisory and upper position over elections, justified in the context of better implementation of the announced electoral policies and taking fundamental steps to increase informed participation and ensure the stability and authority of the Islamic Republic. For the first time, the supervisory responsibility has been explicitly extended to after elections and during the parliamentary term in the general electoral policies. Article 13 specifies the necessary mechanisms for the proper execution of representative duties, adherence to the oath, prevention of financial, economic, and ethical abuses, and taking necessary actions in case of loss or discovery of the loss of conditions for parliamentary representation in the elected representatives. Although no specific institution is mentioned as responsible for this matter, given the leadership's tendencies and the increase in the powers of the Guardian Council, it can be predicted that loyalist forces will organize movements to draft new electoral laws by assigning this responsibility to the Guardian Council. The sensitivities and opposition of some members of parliament, including Ali Motahari and Mahmoud Sadeghi, in this regard are noteworthy. Now it remains to be seen how conditions in the parliament will unfold. Of course, under normal circumstances, it is unlikely that the parliament will consent to this issue, but signals from high power sources can change the equations. Overall, the issuance of the general electoral policies, which was approved by the Expediency Discernment Council under the presidency of Akbar Hashemi Rafsanjani, has brought the likelihood of changing the supervisory oversight in the tenth parliament to zero. Monitoring developments strengthens the perception that while the realization of all programs at the top of the power pyramid seems unlikely, the reform and amendment of electoral law within the framework of adherence to the general electoral policies as a superior document will inevitably proceed along the path of increasing the gap with the standards of free and fair elections.