"Akhbar al-Yawm"

Acclamation or Election? Legal Insights into Municipal Consensus in Lebanon

Jihad Ismail explains voter rights via "Akhbar al-Yawm"

In light of growing calls for municipal consensus in several towns and villages, constitutional expert Dr. Jihad Ismail clarified the legal and democratic implications of such arrangements.

In an interview with the "Akhbar al-Yawm" agency, Dr. Ismail emphasized that the foundational principle of Lebanon’s municipal law is election by the people, with consensus or acclamation considered a rare exception. According to Article 26 of Law No. 665/1997, acclamation is only legally valid when four conditions are strictly met: All candidates must formally file for nomination, the number of candidates must exactly match the number of available seats, the deadline for nominations must pass without any additional candidates, and finally, a formal declaration of victory must be issued by the governor or district commissioner. 

Despite its legality, Ismail added that the process remains open to judicial scrutiny. Referring to a key ruling by the State Shura Council (Decision No. 506/2005), he noted that the Council has the authority to review not only the results of an election but also the entire chain of administrative steps that lead up to it. This means that even in cases of acclamation, where no actual voting takes place, citizens retain the right to challenge the legitimacy of the process, especially if it involved any form of pressure or procedural irregularities.

Addressing concerns over coercion, Ismail explained that consensus must be genuinely voluntary. Any effort to pressure potential candidates into withdrawing would violate Article 74 of the parliamentary electoral law, which also governs municipal elections in areas not otherwise specified. The law strictly prohibits all forms of intimidation, defamation, or inducement by promises or material gain.

"While acclamation may be permitted under specific conditions, it must not result from undue influence", he said. "Otherwise, it undermines the very basis of fair democratic participation".

Ismail concluded by highlighting the constitutional tension between legality and democratic values. He pointed to a 2023 Constitutional Council decision (No. 6/2023) which reaffirmed that elections are the ultimate expression of democracy, empowering citizens to participate in local governance and exercise sovereignty. From this perspective, elections must always take precedence over acclamation, which deprives voters of their right to choose and weakens the democratic fabric of municipal representation.

"Consensus may sometimes reflect unity", he said, "but democracy demands participation".