It should be noted that the concern, expressed in both the 2004 and 2007 opinions, over the recording of official information on an individual voter’s disability, remains. This concern is due to Article 108(6) of the Electoral Code, which regulates voting by a voter who cannot vote without assistance. Clause (6) of Article 108 requires the identification of such voters in official state documentation that “proves the type and category of disability”. Although this may be intended to assist voters with specific needs, the requirement for an official government label of “disability” in order to vote is not consistent with international standards. The Venice Commission and the OSCE/ODIHR recommend that the law facilitate voting by a person with a disability without imposing the stigma that may be associated with an official state declaration of the person’s disability.
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