The draft Code retains use of the “removed persons list”, which is a list of persons who have been removed from the regular voter list because they were no longer meeting the requirements to be registered to vote. The use of this list was noted as problematic in the 2011 OSCE/ODIHR election observation report on the presidential and municipal elections. Article 39 of the draft Code provides a procedure for a voter to seek removal from the “removed persons” list and inclusion on the voter list. Although ‘removal’ from the “removed” list may result in addition to the voter list, the maintenance of two separate lists does not appear to provide any additional protections for voters or to increase the accuracy of the voter lists. However, Articles 39 and 40 of the draft Code do include a procedure, as recommended in the 2011 OSCE/ODIHR election observation mission report, for a voter to challenge his or her inclusion on the list of “removed persons”. Article 39 requires the “removed person” to file a written application, on a standard form, with the mayor or lieutenant mayor of the municipality. The application is to be examined “without delay” and the decision reasoned and pronounced. A refusal of exclusion from the “removed person” list can be appealed to the respective administrative court within 24 hours of its day of receipt. The appeal shall be decided “without delay” and is not subject to further appeal. Based on the decision to remove a voter from the “removed person” list, Article 39(6) provides that the voter is added to the voter list delivered to the polling station election commission. The OSCE/ODIHR and the Venice Commission recommend that consideration could be given to abolish the “removed persons list”.