Home > 1.1.2 Voters' registration and registers > BULGARIA- Joint Opinion on the Draft Election Code
 
 
 
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Paragraph 46
 

VI. Voter lists and voter registration


It also appears that Articles 39 and 40 may be circumvented completely as long as a voter “is entitled to vote”. Article 264(4) provides that a voter, who is not entered on the voter list but is entitled to vote, shall be entered on the supplementary list and allowed to vote. Arguably, the entitlement to vote is established by presenting a decision, according to Article 39, or a certificate, according to Article 40. However, Articles 264(4) and 252(3) allow a citizen, who has been abroad, to vote on election day according to the polling station of the voter’s permanent address, upon presentation of an identity document and signing of a declaration that the person “shall not vote elsewhere”. These articles do not explicitly require a decision or a certificate. Thus, it can be argued that the entitlement to vote is guaranteed to  any citizen who meets the requirements of Article 42 of the Constitution. Regardless of this possibility, the election commissions should not be forced to make this interpretation and the draft Code should state clearly what proves the entitlement to vote, so that polling station commissions can properly administer voting. It is recommended that Articles 264 and 252 clearly state what documentation is necessary to establish the entitlement to vote.