III. DISCUSSION OF THE DRAFT NATIONAL ELECTIONS LAW AND THE DRAFT ELECTION COMMISSIONS LAW

B. Limitation on Electoral Rights

The Venice Commission and OSCE/ODIHR recommend that Article 3 of the draft national elections law be amended so that denial of suffrage rights can occur only where a person has been convicted of committing a crime of such a serious nature that forfeiture of political rights is indeed proportionate to the crime committed and only where a judge has made a specific determination that the circumstances of the individual case require forfeiture of voting rights. The forfeiture should be for an established period of time, likewise proportionate, and restoration of political rights should occur automatically after the expiration of this period of time. Legal barriers to candidacy must always be scrutinized as they limit voter choice and prevent candidates from seeking public office based on disqualifying conditions that may be unrelated to the character of the office.