Home > 1.1.3 Submission of candidatures > KYRGYZ REPUBLIC- Joint Opinion on the Draft Electoral Law
 
 
 
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Paragraph 23
 

A. Electoral system for the distribution of parliamentary mandates


After distribution of the three special mandates to the political party leader and two other candidates, mandates are then distributed to candidates who “obtained more than 10 per cent of votes from total amount of votes cast for party list in electoral constituency […] in a sequence of number of received votes.” This provision in Article 90 has to be considered with Article 56, which regulates the marking of the ballot, and Article 60, which regulates the counting of ballots. In the English translation of these articles, it appears the voter has four voting options: (1) a positive “+” vote for a preferred candidate on the list; (2) a negative “cross out” vote against a candidate on the list; (3) “against all”, which would be a vote against all parties and candidates, or (4) for a political party without changing the order on the list through a “+” or “cross out”. Article 60(21) provides that the “net” positive preferences for a candidate are calculated after deducting the candidate’s negative “cross outs”. Thus, the sequence of mandate distribution among open list candidates is not based solely on positive preferences of voters but also includes negative expressions of dislike for a particular candidate.It seems that several preference votes and/or crossing-outs are possible, but the text, or at least its translation, is unclear whether preference votes and crossing-outs may be combined. The Venice Commission and OSCE/ODIHR recommend clarifying whether they may be combined.