III. DISCUSSION OF THE DRAFT NATIONAL ELECTIONS LAW AND THE DRAFT ELECTION COMMISSIONS LAW
G. Electoral deposits for presidential candidates
The amount of the electoral deposit for a presidential candidate is “in the amount of thousand times of the established by the legislation calculated index”. This is interpreted to mean 1,000 times the minimum monthly wage. This could prevent the candidacy of many individuals due to their economic or social standing. It also creates the perception that the law only permits the wealthy to participate as candidates in elections. The right to participate in government, including the right to be a candidate for President, should be broad, inclusive, and not limited to a few members of society. In addition, a high electoral deposit may have a discriminatory impact on women, as women are often economically disadvantaged in comparison with men.[1] The fact that the deposit is refundable after the elections to candidates who receive a certain percentage of votes does not remedy the problem. The Venice Commission and OSCE/ODIHR recommend that the amount of the electoral deposit be carefully considered. Although the amount of an electoral deposit should be sufficient to discourage spurious candidates, the deposit requirement should not result in the denial of suffrage rights.
[1] See “Consolidated Summary and Chair’s Conclusions, OSCE Human Dimension Seminar, Participation of Women in Public and Economic Life,” 13-15 May 2003. Available at: www.osce.org/documents/odihr/2003/07/518_en.pdf. See also OSCE/ODIHR Handbook for Monitoring Women’s Participation in Elections at http://www.osce.org/odihr/elections/35151.