III. DISCUSSION OF THE DRAFT NATIONAL ELECTIONS LAW AND THE DRAFT ELECTION COMMISSIONS LAW
D. Limitations on Candidacy Rights
A basic principle embodied in OSCE commitments is that voters should have the opportunity to choose in genuinely democratic elections, from among the citizenry, those persons who are to govern. Inherent in this principle is the possibility that the voters may not choose the best candidates for governance. However, it is vital that, in a democracy, the right to choose belongs to the people. Voters are best suited to judge the intellectual capacity, honesty, integrity, and general persona presented by candidates. Articles 21, 28, and 46 severely limit the rights of voters as well as the rights of candidates. The Venice Commission and OSCE/ODIHR recommend that the possibility to cancel a candidate’s registration should be limited to the situation where the candidate does not possess the legal requirements for candidacy (citizenship or age) or to severe violations of the election legislation, and that Articles 21, 28, and 46 be accordingly amended.