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

S. Voting procedures

Article 31(7) provides that, in polling stations with less than 500 registered voters, a voter is not required to provide documented proof of personal identification if the voter’s identity and residence can be established by two members of the precinct election commission and approved by the chairperson. It is not possible to ascertain from the review of the draft national elections law the number of total voters who might be able to vote without identification documents. Polling station turnout from past elections should be reviewed in order to determine the potential total number of voters who may be able to vote without identification documents. Secondly, it is of concern that the final decision on whether a person may vote without identification documents belongs to the precinct election commission chairperson. It would be more appropriate for a decision on the fundamental issue of who can cast a ballot without identification documents be made by a vote of the commission. The Venice Commission and OSCE/ODIHR recommend that consideration be given to amending Article 31 to address these concerns while keeping the need for identification as a general requirement.