Bethlehem / Special investigation Report for PNN – By Monjed Jadou A journalistic investigation conducted by the Palestine News Network (PNN), in cooperation with Palestine Press Operator, has found that the new electoral law governing the 2026 local elections restricts voter freedoms in several respects, introduces politically driven conditions, creates dual layers of competition, weakens voters’ ability to choose council heads, and lowers the electoral threshold.
The investigation also identified a number of key negative outcomes, most notably that the law contributes to strengthening tribalism at the expense of professionalism — a challenge acknowledged by the system itself. The debate, however, extends beyond legal provisions to a broader question: who is reshaping the law and recalibrating the balance of power in their favour? The findings suggest that traditional political forces stand to benefit the most.
Analysis of the law’s structure and provisions, based on interviews conducted by PNN, indicates that established political actors are better positioned to adapt, given their existing organisational bases, their ability to form cohesive electoral lists, and their experience in managing alliances both within and beyond those lists.
Although some leaders of these forces, including Fatah, deny that the law was designed to serve their interests, the nature of the list-based system inherently favours organised actors over independents. The law appears to redistribute power rather than expand it. It does not so much broaden participation as it reconfigures influence within tribal-based lists, shifting the centre of gravity from structured political parties to flexible alliances, and from political programmes to social influence.
While the law is presented as a step towards modernising the electoral system, available evidence suggests it strengthens actors capable of adapting, while weakening less organised groups or those rejecting its conditions.
Views gathered from candidates, political factions and electoral experts reveal that, despite amendments, the new local elections law continues to face fundamental criticism, particularly regarding restrictions on political freedoms, the reinforcement of tribal dynamics, increased complexity of the electoral system, potential instability of councils, and limitations on voter choice.
Some respondents pointed to limited positive aspects. However, the overall assessment indicates that the law, in its current form, has yet to evolve into an electoral model that reflects Palestinian aspirations for a more just and representative democratic system. Political conditions and restrictions on freedoms Mustafa Barghouti, Secretary-General of the Palestinian National Initiative, argues that the law, despite amendments introduced following a ruling by the constitutional court, still imposes politically defined commitments on candidates. He describes this as a violation of basic constitutional principles and of citizens’ rights to freedom of opinion and expression.
Barghouti said this was a key reason behind his movement’s decision to boycott the elections, stressing opposition to any infringement on the constitutional foundations of the electoral process.
He clarified that the issue is not recognition of the Palestine Liberation Organisation, which he said is widely accepted, but rather the requirement for candidates to commit to a specific political programme. Such a condition, he argued, imposes particular viewpoints on candidates and is therefore unacceptable.
He added that these requirements — particularly those in earlier drafts related to commitments tied to international legitimacy — were intended to exclude entire political forces, especially those opposing agreements such as Oslo.
“How can political groups be asked to endorse positions that contradict their convictions as a condition for participation?” Barghouti asked, describing the approach as unrealistic and unacceptable.
He warned that such conditions could extend beyond local elections, potentially paving the way for the exclusion of broader political forces from future legislative and presidential elections.
Barghouti also pointed to declining participation, noting the absence of candidates in dozens of local bodies, particularly in rural areas, which he described as a serious indicator of dysfunction in the electoral process. No direct election of mayors Maher Qanawati, a candidate in the Bethlehem municipal elections, criticised the mechanism for selecting mayors, noting that the law does not allow for their direct election by voters.
He said it would have been preferable to allocate a separate list for mayoral candidates, enabling voters to make a direct choice rather than selecting a mayor indirectly through lists.
Qanawati added that the current system reproduces previous shortcomings, making council compositions unpredictable and potentially leading to internal instability.
He also highlighted the issue of unsuccessful mayoral candidates remaining as council members, arguing that this does not serve effective governance.
Despite some improvements, he said the law still does not grant voters full freedom in choosing leadership, thereby constraining democratic practice. Dual competition within electoral lists Hanna Hanania, head of an electoral list in Bethlehem, said the new system has created a dual layer of competition: one between different lists, and another among candidates within the same list.
He warned that internal competition could generate tensions, factions and alliances within lists, potentially leading to negative social repercussions after the elections.
Hanania noted that while the law requires 15 candidates per list, voters can only select five, pushing candidates to form internal alliances to secure votes. These dynamics, he said, could lead to internal disputes and complications following the elections. Electoral threshold concerns Hanania also criticised the reduction of the electoral threshold from 8% to 5%, saying it has led to an increase in the number of competing lists, including weaker ones, which could complicate results and make it more difficult to form stable councils.
He added that this could complicate the formation of municipal councils, necessitating post-election alliances that may ultimately weaken stability within councils — a pattern, he said, already evident in previous election cycles. Limited voter choice Despite the introduction of a preferential voting system, candidates argue that voters remain constrained, as they can only vote for a single list and cannot select candidates across different lists.
Hanna Hanania said the system still falls short of full democratic practice, even though it allows voters to influence the ranking of candidates within a list.
He added that the model is not well suited to Palestinian cities, particularly Bethlehem, warning that it may reinforce tribal tendencies rather than encourage civic-based electoral choices.
According to Hanania, the system risks pushing a significant segment of society to vote along family or clan lines, undermining efforts to promote merit-based candidate selection.
He noted that, in the current electoral landscape in Bethlehem, many candidates have already relied on family or clan backing, with extended families often rallying behind a single representative. In his view, candidates should instead be selected based on competence and their ability to serve the city, with voting grounded in merit rather than social affiliation. Fatah response: Law part of broader political restructuring Amid mounting criticism, Mohammad Al-Laham, a member of Fatah’s Revolutionary Council, offered a different perspective, linking the law to the broader political context rather than purely technical electoral considerations.
Al-Laham said the decree amending the electoral system was issued in the absence of a functioning legislative council, describing it as a “law by decree.” He added that municipal elections are tied to a wider political process aimed at renewing legitimacy across the Palestinian political system, including the Palestinian National Council, alongside internal considerations within Fatah and external international factors. A new law yet to be tested Al-Laham acknowledged that the law has sparked debate, describing it as “unfamiliar” even within the Arab world, particularly in relation to the voting mechanism that allows voters to select five candidates from lists of 13 or 15.
However, he argued that the law should be judged only after it is implemented, suggesting it could yield better outcomes than previous systems, despite what he described as experimental elements. Expanding choice or “excessive democracy”? Responding to criticism over the system’s complexity, Al-Laham conceded that there are concerns, particularly regarding the wide range of choices available to voters within lists, which he described as potentially amounting to an “excessive dose of democracy.”
At the same time, he pointed to positive aspects of the law, including lowering the age of candidacy, creating opportunities for youth participation, and enhancing women’s representation. Political conditions “not unique to Palestine Addressing criticism over requirements for candidates to recognise the Palestine Liberation Organisation, Al-Laham defended the provision, arguing that it is consistent with international practice. He said that many democratic systems impose restrictions on certain political actors, citing examples such as Germany, where some groups are barred from participating in elections.
According to Al-Laham, adherence to a general political framework is part of the “political norms” of any system, and those who fall outside these parameters cannot be part of the political process.
He added that political forces that previously participated in elections — including opposition groups — had, in practice, engaged with the existing political framework as a foundational reality. Tribalism: a recognised challenge Despite defending the law, Al-Laham acknowledged a significant issue regarding the rise of tribal dynamics, noting that clan-based lists have emerged in several areas.
He cited the town of Beit Fajjar, west of Bethlehem, where three clan-based lists were formed to contest the elections, describing this as a negative indicator of the current electoral environment.
Al-Laham said the law, in its current form, has contributed to this trend, with tribal-based lists becoming more visible across various localities. He admitted that attempts to integrate tribal structures into national political work have not produced the intended results.
Instead, he said, the outcome has been reversed, with tribal structures in some cases shaping political activity, rather than being integrated into it — a development he described as a “setback” for the national movement, including Fatah. Rejecting claims the law favours Fatah Responding to accusations that the law was tailored to benefit Fatah, Al-Laham rejected the claim, noting that the movement did not field electoral lists in some cities, including Bethlehem.
He added that many municipalities have moved towards consensus arrangements, with elections in some areas proceeding without real competition, giving the process a more social and institutional character rather than a purely political one. Debate continues, judgement deferred Al-Laham stressed that the ongoing debate surrounding the law — both politically and within civil society — is natural and legitimate.
However, he emphasised that any final assessment should come only after the elections are held, particularly given what he described as “sensitive and difficult” political conditions, making the upcoming elections a pivotal moment in the Palestinian political landscape. Central Elections Commission responds: Technical development, judgement after results Amid widespread criticism from candidates and political factions over the local elections law, the Central Elections Commission has offered a different account, describing the latest amendments as a step towards improving the electoral process, despite the challenges they present.
Fareed Taamallah, spokesperson for the Central Elections Commission, said 2026 saw the issuance of a presidential decree introducing “one of the most significant changes” to the electoral system. He explained that the new law combines two electoral systems within the same phase: an open-list proportional representation system in municipalities, and a majoritarian (individual candidacy) system in village councils.
According to Taamallah, this shift created both technical and procedural challenges for the commission, which had to adapt its systems, upgrade its electronic infrastructure, and raise voter awareness, given the differing voting mechanisms across local bodies. Addressing procedural criticism: Facilitation, not complication Responding to concerns about procedural complexity, Taamallah said some amendments were introduced to simplify the process rather than complicate it.
He noted that reducing the nomination period from 10 days to seven — with an additional three days allocated for correcting applications — allows errors to be addressed without rejecting entire lists, as had occurred in the past.
He also said granting the commission flexibility in determining the voting mark, instead of limiting it to a single symbol such as an “X”, aims to reduce invalid ballots — a recurring issue in previous elections.
Other amendments include setting a ceiling on campaign spending and separating voter registration from publication and objection phases, measures the commission says are intended to enhance organisation and ensure integrity. Political conditions: Amendments to ease controversy On one of the most contentious issues — politically driven conditions — Taamallah said the law initially required candidates to sign a declaration recognising the Palestine Liberation Organisation as the legitimate representative, prompting objections from some factions.
He added that the wording was later amended and softened in an attempt to address these concerns, which, he said, contributed to some groups reconsidering their election boycott. Commission’s role: Implementation, not advocacy Taamallah stressed that the Central Elections Commission is not a political body and is not responsible for defending the law or persuading the public of its merits.
“Our role is to implement the law as it stands,” he said, adding that the commission’s responsibility is to ensure the process is “accessible, straightforward and available to all”, enabling citizens to exercise their right to vote and run for office without obstacles. Voter turnout: The ultimate measure Taamallah said the success or failure of the law cannot be judged in advance, but should instead be assessed based on voter turnout.
A low turnout, he said, would indicate shortcomings, while higher participation could reflect the law’s relative success in encouraging engagement.
He added that the open-list system may push candidates to make greater efforts to win votes, potentially boosting participation.
Responding to claims of low participation
Addressing concerns about widespread disengagement, Taamallah said the number of candidates and submitted lists is comparable to figures recorded in the 2017 and 2020 elections, suggesting there has been no dramatic decline.
He noted that around 70% of eligible voters — more than one million Palestinians — are expected to take part, despite elections being held in roughly نصف local bodies, which nonetheless include the largest voter populations. Evaluation deferred, debate to continue Taamallah said the commission plans to launch a broad public discussion after the elections, involving political parties, candidates, civil society organisations and the media, to assess the experience and draw lessons.
Workshops will also be held to examine challenges that emerged during implementation, with the aim of proposing recommendations for future legal reforms.
Expert analysis: Between technical reform and structural flaws
In an independent analytical reading, Taleb Awad placed the new law within its historical context, describing it as a significant shift in the Palestinian electoral system, albeit one that still contains fundamental flaws.
Awad explained that the law was issued by presidential decree at the end of 2025, following cabinet approval, in the continued absence of a functioning legislative council — reflecting the ongoing reliance on exceptional legislative processes since the المجلس’s suspension in 2007. From majority to mixed system Awad traced the evolution of the electoral system, noting that Palestine adopted a majority system in 1996 before shifting to closed-list proportional representation in 2005.
The new law introduces a mixed system: a majority system for village councils and an open-list proportional system for larger municipalities.
He said this transition gives voters greater influence in selecting candidates within lists, but also increases the complexity of the electoral process.
Open lists: Expanding choice or complicating outcomes?
Awad explained that the open-list system allows voters to choose candidates within a list, not just the list itself, strengthening voter influence over outcomes.
However, he warned that the system could complicate vote counting, intensify competition within lists, and create new dynamics that may affect council stability.
Political conditions: An unnecessary point of contention
Echoing criticism from political actors, Awad argued that introducing politically driven conditions — particularly in Articles 16 and 17 — was unnecessary.
He said adherence to the Basic Law and the Declaration of Independence would have been sufficient, without imposing additional conditions that could be interpreted as restricting the right to run for office.
Women’s representation: Progress, but below target
Awad noted that the law maintains the women’s quota, with amendments increasing female representation to around 24.5%.
While this marks progress compared to previous levels, he said it remains below the internationally recommended threshold of 30%, highlighting the need for further review in the future. Candidacy restrictions: Barriers to participation In another key aspect, election expert Dr Taleb Awad highlights a set of restrictions that may hinder broader participation, most notably the requirement for candidate lists to be fully completed, whereas previously “half plus one” had been sufficient. He also points to increased, non-refundable candidacy fees and the minimum age requirement of 25.
Awad argues that such conditions may limit opportunities for youth and independent candidates. He suggests lowering the minimum list threshold to three candidates, reducing the candidacy age to 21, and reconsidering the fees as measures that could improve inclusivity within the system. Participation Figures… A Complex Reading Awad notes that elections are set to take place across 207 local bodies, including 91 municipalities and 116 village councils. The number of registered voters stands at approximately 1.06 million, representing around 69% of eligible voters in the West Bank.
However, he stresses that these figures require careful interpretation, particularly given the absence of competition in several localities, where only one list—or a number equal to the available seats—has been registered. Local Elections… Not a Substitute for General Elections Despite their importance, Awad emphasises that these elections cannot be viewed as a substitute for long-overdue general elections, both legislative and presidential, which have not been held for nearly two decades.
He argues that meaningful reform requires a comprehensive overhaul of the electoral legal framework, rather than piecemeal amendments.
Analytical Conclusion: Partial Reform in an Incomplete System
Awad concludes that the new law represents an attempt to modernise the electoral system after nearly 20 years of experience. However, he stresses that it still requires broad national consensus, a comprehensive legal review, and a better balance between representation and governance effectiveness. Overall Conclusion of the Investigation Between criticism highlighting restrictions on freedoms and the strengthening of clan-based dynamics, and official defence framing the law as a step toward improving the electoral process, expert analysis suggests a middle ground: a law that is evolving, but not yet complete.
Ultimately, critics argue that despite some amendments, the law continues to constrain the democratic process, reshaping it within complex political and social dynamics. The key question remains: Will these elections mark a step toward broader representation, or expose the limits of democracy at the local level?