OSCE/ODIHR and Venice Commission Remarks and Recommendations on the Electoral Code Published

What are the remarks and recommendations of the OSCE / ODIHR and the Venice Commission on the government-initiated Election Code. 

The 26-page joint report is already known.

The document discusses several important changes, including the concerns of partners, some of which are related to the composition of election commissions.

"…Although some of the distinctive recommendations related to specific changes in the legal framework previously put forward by the ODIHR and Venice Commission are discussed in this legislative initiative, many fundamental issues remain unresolved. More comprehensive and systemic reform is still needed," the document said. 

It also states that the current legislative amendment initiatives are not based on a comprehensive review of the legislation and "more focused on overcoming the political stalemate and resolving the concerns that have arisen since the October 31, 2020 elections." 

ODIHR and the Venice Commission make the following key recommendations for further improvement of the draft amendments to the Election Code:

1.    To consider introducing a qualified (e.g. two-thirds) parliamentary majority vote or a double majority requirement (requiring a majority among MPs both of the ruling parties and the opposition parties) for the election of the chairperson and non-partisan members of the Central Election Commission (CEC), with a final anti-deadlock mechanism. To require higher credentials for non-partisan CEC members and ensure a diverse membership in the selection commission that undertakes a transparent, merit-based nomination process.

2.    To remove the specific restrictions of the right for a party to appoint a member to the CEC under draft Article 13(1)b) and c), i.e. the conditions that the party is entitled to state funding and that at least one of the party members actually “carries out activities of the member of the Parliament” thus excluding parties boycotting Parliament.

3.    To further amend the draft provisions on the selection process of members of District Election Commissions (DECs) and Precinct Election Commissions (PECs), so as to ensure, inter alia, a transparent, genuinely merit-based process for the appointment of non-partisan members as well as the right for a party to appoint a member to an election commission – where applicable – without the conditions that the party is entitled to state funding and that at least one of the party members actually “carries out activities of the member of the Parliament”, in line with recommendation B.

4.    To clearly set out in the law on what grounds the removal of party-nominated election commission members may be based.

Furthermore, ODIHR and the Venice Commission recommend:

5.    prohibiting both the presence of partisan representatives and campaign activity in the areas around polling stations on election day;

6.    adopting a comprehensive regulatory framework that specifies clear and objective criteria for granting and conducting recounts and annulments to ensure transparent, fair and uniform practice in the counting and tabulation of results and handling of postelection disputes;

7.    facilitating the timely handling of election disputes in the courts by allowing electronic submission of complaints to the courts, submission until midnight on the deadline day, and the possibility for remote hearings;

8.    further extending the timeframes for submission and adjudication of appeals and ensuring that technical formalities do not prevent due consideration of complaints;

9.    addressing previous Venice Commission and ODIHR recommendations requiring singlemandate electoral districts to be of equal or similar voting population;

10.    establishing a detailed and comprehensive regulatory framework for the use of new voting technologies. In light of the limited time remaining before the 2021 local elections, it may be that a pilot project for certain electronic technologies is the only viable option for the next elections.