Home > 1.3.2.2.2 Distance voting > KYRGYZ REPUBLIC - Joint Opinion on the Draft Law on Presidential and Parliamentary Elections, The Draft Law on Elections to Local Governments and the Draft Law on the Formation of Election Commissions
 
 
 
Download file    
 
 
Paragraph 93
 

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


R. Mobile voting


The provisions for mobile voting in Article 33 of the draft national elections law are also very broad. Mobile voting is permitted due to health reasons, disability, detention, remote and inaccessible location due to cattle grazing, and “in exceptional cases” to military who are in service on election day. The phrase “exceptional cases” grants an election commission wide discretion in deciding who may vote by mobile ballot box. The OSCE/ODIHR has previously recommended that mobile voting be available only to a voter who cannot attend regular voting due to health or disability reasons. The proposed Article 33 extends the possibility for mobile voting instead of restricting the use of mobile voting. The Venice Commission and OSCE/ODIHR recommend that the phrase “and in exceptional cases” be deleted from Article 33(1).