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

D. Limitations on Candidacy Rights

OSCE/ODIHR noted in its previous assessments that provisions as contained in Articles 21, 28, and 46 of the draft national elections law permit the cancellation of registration of a candidate for a variety of reasons; in many instances, the reasons for cancellation are disproportionate and the grounds are too wide.[1] A variety of campaign violations can be the basis for cancellation of registration.[2] Although wrongful acts should be punished, cancellation of registration is disproportionate. In addition to possible abuse by authorities, these provisions could be potentially misused to “cancel” electoral opponents.

[1] Assessment of the Election Code as Amended by the Legislative Assembly in the Second Reading on 25 December 2003, Kyrgyz Republic (15 January 2004), at page 4; Assessment of Pending Amendments to the Election Code, Kyrgyz Republic (5 November 2003), at page 4.

[2] Article 21(2)(3) prohibits the “use of telephone” “that belong to government bodies” for the purpose of campaigning. Thus, making telephone calls on a government telephone could be the basis for cancellation of candidate registration.