Amman – The delay in issuing regulations governing municipal and joint municipal services council elections is raising potential legal and political challenges that could affect the integrity of the electoral process and equal opportunities among candidates.
Experts have warned that continued uncertainty could affect voters’ rights and create room for early electoral activities that may give traditional political forces an advantage over new candidates.
Although the delay does not, in itself, constitute a legal justification for postponing the elections, experts told Al-Ghad, its repercussions could include shortening the time available to prepare and challenge voter lists and weakening competition based on municipal programs.
The issue could also undermine public confidence in the electoral process, particularly as Jordan prepares to transition to the implementation of the new Local Administration Law without compromising the legal rights and guarantees of voters and candidates.
Postponing Elections Must Be Based on Applicable Legislation
University of Jordan constitutional law professor Dr. Laith Nasrawin said the delay in issuing executive regulations does not, by itself, constitute sufficient legal grounds for postponing municipal elections. The regulations are intended to implement the provisions of the law and their delay should not become a means of disrupting electoral deadlines.
In comments to Al-Ghad, he stressed that provisions in the 2026 Local Administration Law concerning circumstances preventing elections from being held cannot be invoked before the law enters into force, despite its approval through a Royal Decree and publication in the Official Gazette.
Accordingly, any decision to postpone the elections or declare them impossible to hold must be based on the legislation in force at the time the decision is made, Nasrawin said.
He explained that the Independent Election Commission can undertake preparatory measures falling within its legal mandate based on the legislation and regulations in force when those measures are taken. It cannot rely on provisions of the new law before it enters into force, as its enactment and publication alone are insufficient to produce executive legal effects under it.
Nasrawin added that the new law maintains the validity of regulations, instructions and decisions issued under the previous law until they are repealed, amended or replaced. This reflects the legislature’s intention to ensure legislative continuity and prevent a legal vacuum during the transition to the new law.
From a legal perspective, he stressed that delays in issuing executive regulations cannot alter the eligibility requirements for voters or candidates, because these are determined by law. Executive regulations cannot amend them or introduce substantive new conditions that conflict with the law.
However, he noted that the transition from the previous Local Administration Law to the new legislation could result in differences in some electoral conditions and procedures, making it necessary to consider the date on which the applicable law enters into force.
According to Nasrawin, the fundamental legal safeguard is respect for the principles of legality, equality and equal opportunity, without affecting legal positions that were lawfully established under previous legislation unless there is a valid legal basis for doing so.
He stressed that the absence of new electoral regulations does not create a legal vacuum that would allow municipalities’ resources and facilities to be used for electoral purposes. Legislation protecting public funds, ensuring proper use of public facilities and preventing abuse of authority remains applicable.
Using municipal funds and property to serve individuals intending to run for office, or granting them advantages unavailable to others, could constitute a legal violation depending on the nature of the conduct and the applicable legislation.
He emphasized that oversight of public funds does not begin with the issuance of electoral regulations. Rather, it is based on permanent legal rules requiring public bodies to remain neutral and prohibiting the use of their resources to serve private electoral interests.
Nasrawin also warned that delays in preparing and approving voter lists could affect citizens’ ability to exercise their electoral rights, particularly if they result in shorter periods for reviewing the lists, submitting objections or correcting errors.
The right to vote, he explained, is not limited to allowing citizens to cast their ballots on election day. It also includes ensuring that their names are included in voter lists and enabling them to challenge any error affecting their electoral status.
Therefore, any delay in approving voter lists must not undermine the legal safeguards granted to voters, and the deadlines and procedures established by applicable laws and regulations must be respected, he said.
He stressed that competent oversight bodies may document violations occurring before the issuance of the new electoral regulations and later rely on such documentation where the conduct constituted a violation of legislation in force at the time.
Legal responsibility, he explained, is not necessarily linked to the beginning of the electoral process, but to the existence of a legal provision prohibiting an act or establishing liability for it.
Acts that do not constitute violations under legislation in force at the time cannot subsequently be criminalized on the basis of regulations issued later, in accordance with the principle that criminal provisions do not apply retroactively.
This makes it important, under his legal interpretation, to distinguish between documenting an event as evidence that it occurred and establishing legal liability for it, which requires a legislative basis that was in force when the act took place.
Legitimate Questions
Former Secretary-General of the Ministry of Municipal Affairs, engineer Marwan Al-Faouri, said the delay in issuing regulations governing municipal elections is not merely a procedural or administrative matter, but one with political and social implications for the entire electoral environment.
He said municipal elections represent one of the most important forms of popular participation in public affairs and are the level of government closest to citizens’ daily lives and interests.
In comments to Al-Ghad, Al-Faouri said the delay raises legitimate questions about equal opportunities among candidates, the readiness of the parties involved and the impact on public confidence in the electoral process.
He warned that the absence of clear explanations regarding rules and procedures could benefit better-organized traditional forces with stronger local presence, given their established networks, influence and ability to mobilize early.
By contrast, the situation could leave new candidates, particularly young people, women and reform-minded figures, facing hesitation and uncertainty. Their decisions on forming campaign teams, preparing programs and communicating with voters require clarity regarding candidacy requirements, procedures and deadlines, Al-Faouri said.
He added that delays could create room for early and unofficial electoral activity, whether through social gatherings, coalition-building or mobilizing support under various labels, potentially undermining equal opportunities even if such activity does not constitute an explicit legal violation.
He expressed concern that limited preparation time could weaken substantive debate over municipal programs, allowing tribal and personal considerations to take precedence over competence and the ability to deliver results.
This, according to Al-Faouri, does not diminish the importance of Jordan’s social and tribal structures or their national role. However, he stressed that municipal elections should be based on competing programs and visions for developing cities and municipalities, rather than simply competing over leadership positions and seats.
The more serious concern, he said, is that continued delays and uncertainty could lead to lower voter turnout. Citizens who lack a clear picture of the electoral process and do not see serious and organized preparations for the elections may lose some of their interest and confidence in the value of participation.
If this actually affects turnout, Al-Faouri called for the issue to be examined carefully, as it could reflect growing negative sentiment among a broad segment of citizens toward elections and local governance institutions.
He stressed that municipalities are no longer merely service institutions responsible for paving roads, collecting waste, regulating markets and issuing licenses. They should also be viewed as environments where community, political, cultural and intellectual leaders emerge.
Municipal work, he said, serves as the first school for practicing public responsibility and a field where individuals learn management, dialogue and decision-making while gaining first-hand understanding of citizens’ daily concerns, problems, aspirations and local issues.
He noted that elected municipal councils should serve as an important source of talent and leadership for Parliament and state institutions. Such leaders are not developed in closed offices or away from society, but through direct engagement with citizens’ concerns and needs and by earning their trust through work and achievement.
Regarding public confidence, Al-Faouri stressed that continued uncertainty does not serve the electoral process. Citizens need a clear vision, a defined timetable and stable and fair procedures.
On coordination among the relevant authorities, Al-Faouri rejected the idea that the delay itself is conclusive evidence of an institutional problem, noting that legislative or technical considerations may require additional time.
Nevertheless, he stressed the importance of informing the public of the reasons for the delay and the expected timeframe for issuing the regulations, reassuring citizens that the relevant authorities are working according to a clear and comprehensive plan.
This call, he said, does not mean rushing the regulations at the expense of legal soundness. Rather, they should be finalized and announced without unnecessary delay while allowing sufficient time for everyone to prepare.
Al-Faouri said he hopes Jordan will enter a new era of municipal elections in which the process does not end with the announcement of winners, but instead marks the beginning of a national path that produces new leaders, renews political life and restores the value of popular participation.
Source: Al-Ghad
