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

T. Determination of election results

Article 37(3) provides that if no candidate, or list of candidates, in an election received more votes than “the number of votes cast against all candidates”, or “all lists of candidate”, then a repeat election[1] is conducted. However, “repeat elections are conducted for which previous candidates (and list candidates) cannot be nominated.” This is problematic. The apparent rationale for this provision is that the “losing” candidates and lists do not have enough support to be placed on the ballot for the repeat election. This rationale, carried to its logical extension, would bar all losing candidates, and lists of political parties, from ever competing in subsequent elections. The possibility to vote against all candidates or all lists is in itself questionable and does not solve any particular problem. Article 37(3) is not a reasonable limitation on candidacy and is contrary to the principle of universal and equal suffrage.The Venice Commission and OSCE/ODIHR recommend that Article 37(3) be amended to allow “losing” candidates and political party lists to compete in repeat elections.

[1] The phrases “repeat voting” and “repeat elections” are used to describe both second round run-off elections and new elections held due to invalidity of voting results. This is confusing and creates uncertainty in the legal provisions applicable to both types of elections. For the purposes of this assessment, “repeat voting” is assumed to describe a second round run-off in the originally scheduled election. “Repeat election” is assumed to be a new election held due to invalidity of the first elections.