The Joint Recommendations (paragraphs 59 to 63) raise concerns over three Articles of the Code that sanction some violations of the Code with the cancellation of the candidate registration. Candidacy can be cancelled in cases when:
Article 36: “a contestant in an election receives on his/her account undeclared funds from abroad or has knowingly used such funds […]”; in such a case, the CEC will ask the Supreme Court to nullify the registration of the contestant.
in case of repeat elections following nullification of elections by the Constitutional Court (Article 93) or the CEC (in Article 138), both articles stipulate that “electoral candidates who committed fraud shall be excluded from the voting ballots”.
