Home > 1.1.2.3 Registration on the day of the election > UKRAINE - Opinion on the Law on National Referendum
 
 
 
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II. Comments on the test of the law


C. Some specific comments on the concrete articles on the new law on referendum.


5. Voters' lists


As a consequence of this delay for an appeal against inaccuracies in the list, the law allows TCs and PCs to make changes to the voter lists for a referendum, even on the day of voting. Allowing last minute changes to the voter list may open the door to fraud and abuse. The Law should follow the approach of the parliamentary election law, which places jurisdiction over voter list related cases solely in courts in accordance with the Code of Good practice in Electoral matters which provides that :


There should be an administrative procedure – subject to judicial control – or a


judicial procedure enabling electors not on the register to have their names included. In some countries, the closing date for entry in the supplementary register may be, for example, 15 days before the election or election day itself. The latter case, whilst admirably broad-minded, relies on decisions made by a court obliged to sit on polling day, and is thus ill-suited to the organisational needs on which democracies are based.


In any event polling stations should not be permitted to register voters on election day itself.”[1]


[1] CDL-AD(2002)023rev., 1.2.7.iv.