Constitutional Assembly elections were held in Iceland on 27 November 2010. The Supreme Court invalidated the results of the election on 25 January 2011 following complaints about several faults in how the election was conducted. However, it was decided on 25 February 2011 that the elected assembly members would instead be appointed to a Constitutional Council with effectively the same role. The proposed changes to the constitution were approved in a referendum in October 2012.
As of 2024[ [update]], the changes had not been implemented, despite continued public support.
Background.
This would be the first time in Iceland's history that a body had reviewed broad areas of the constitution. It was given the mandate to examine:
The Constitutional Assembly was also empowered to address additional matters beyond "reviewing the Constitution of the Republic".
The Assembly was required to convene by 15 February 2011 and finish its work no later than 15 April 2011. The 25 members were to be elected using the single transferable vote system under the Weighted Inclusive Gregory Method. Over 500 candidates filed to run in the election, more than double the most optimistic estimates.
Electoral system.
The elections were held using single transferable voting in one multi-member electoral district covering the whole island.
Results.
Turnout in the elections was only 36%. Fifteen men and ten women were elected, fulfilling the required quota of 40% women. Had fewer women been elected, up to six women (who had been closest to being elected under the regular method) would have been declared elected to achieve gender parity.
Quota (amount that made candidate certain to be elected) was approximately four percent of valid votes.
The 25 members elected to the Constitutional Assembly were:
Aftermath.
Annulment.
The Supreme Court of Iceland ruled the election to the Constitutional Assembly null and void with a decision on 25 January 2011. Six Supreme Court Justices examined complaints about the election process. The Justices were: Garðar Gíslason, Árni Kolbeinsson, Gunnlaugur Claessen, Jón Steinar Gunnlaugsson, Páll Hreinsson and Viðar Már Matthíasson.
The court received complaints from Óðinn Sigþórsson, Skafti Harðarson and Þorgrímur S. Þorgrímsson. The complaints regarded various faults of the election process, according to the complainants. The court found five separate faults on the election process. It considered two of them to be serious.
The Supreme Court referred to the fact that it was the role of the legislature to establish clear and unambiguous rules for the conduct of public elections which take into account the circumstances resulting from their special nature. It was however not lawful for the government to deviate from the clear provisions of the laws concerning elections, because of the number of candidates or because of new procedures thought suitable for electronic tallying of votes.
The Court further pointed to case law supporting its decision. The Court referred to the fact that in Icelandic jurisprudence there was precedent for declaring elections null and void when the election process was in breach of law and suited to violate election secrecy. For example, elections in Helgafellssveit regarding the unification of municipalities had been declared null and void. That judgement was reached because the ballot paper was of such a make that it was possible to see writing though it, even though it was folded. In its reasoning in that case the Supreme Court said:
 "The ballot paper does thus not ensure, that the election is secret in accordance to Article 17 of Act no. 8/1986, which is among fundamental provisions in Icelandic law concerning public elections, pursuant to Article 87. and Article 91. of Act no. 80/1987 and Article 31. of the Icelandic Constitution. A fault in this regard is by its very nature conductive to influence the outcome of elections"
Another precedent from jurisprudence where elections have been declared null and void because of faults in election secrecy is the election to a Municipal Commission in Geithellnahreppur 25 June 1978. Like the precedent the Supreme Court referred to in its decision on the Constitutional Assembly, the ballot papers were of such a make that it was possible to see writing through them when folded. The Supreme Court stated:
 "We concur with the District Court decision, that the ballot paper was not of the make that is prescribed by law in Article 50. of Act no. 52/1959, pursuant to Article 1. of Act no. 5/1962, pursuant to Article 1. of Act no. 5/1966 and the principal rule of Article 7., 2. para, of Act no. 5/1962, and does not ensure, that the elections are secret. The provisions of Article 15., 1. para., of Act no. 58/1961, which stipulates, that these elections should be secret, is certainly among the fundamental provisions in Icelandic law concerning public elections."
According to Þorvaldur Gylfason (the most popular candidate in the election) this was 'a bizarre technical complaint about the way the election to the constituent assembly had been conducted'.
After receiving their election certificate (kjörbréf) on 2 December 2010, the elected delegates were informed on 27 January 2011, that the election certificates had been revoked by the National Election Commission. The following day, all of the Commission members tendered their resignation citing the circumstances that had arisen and the harmony necessary for the Commission to carry out its functions.
Parliament appoints the members.
Parliament began the same day to deliberate whether and how to continue the process. It was decided on 25 February 2011 that the elected assembly members would be appointed by Parliament to a Constitutional Council with basically the same role. A resolution passed which appointed most of the delegates that had been elected. The Parliament voted thus:
All members of Parliament for the Independence Party were against this solution. Six of the seven who abstained were members of the governing coalition.
Proposed constitutional amendments.
The changes proposed by the Assembly included:
The constitution draft was finished on 29 July 2011 and presented to the Althing on the same day. The proposed changes were approved in a referendum on 20 October 2012.
References.
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