III. Comments on the Text on the Draft Electoral Law 

J. Voting, counting and establishment rules

Article 96¹ of the draft electoral law creates a separate provision for establishing the results in election precincts abroad. The procedures for preparing the protocol and the contents are similar, but not identical, to existing Article 96 for in-country single-mandate districts.  However, point 8 of Article 96¹ of the draft electoral law states that it is “forbidden to declare the elections invalid in the abroad election precincts”. This provision, as written, suggests that results from election precincts abroad, even if proven to be the result of fraud, must be accepted and considered in tabulations. This provision is inconsistent with previous recommendations of the Venice Commission and the OSCE/ODIHR that mechanisms be in place for invalidation where irregularities may have affected the outcome. The Venice Commission and the OSCE/ODIHR recommend that Article 96¹ be revised to be consistent with other provisions for invalidation in the draft electoral law.