Home > 6 Political parties > ARMENIA - Joint Opinion on the Draf Electoral Code (As of 18 April 2016)
 
 
 
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Paragraph 68
 

The Venice Commission and OSCE/ODIHR have previously recommended that the Electoral Code should not allow de-registration of candidates for minor violations and that candidate de-registration should be allowed only in extraordinary circumstances, which should be clearly and exhaustively defined in the Electoral Code.These recommendations are partially addressed in the draft code. Article 19.8 of the draft code provides that the election commission which registered the candidate or list of candidates may apply to court to revoke registration in case of continuous violations that may impact the results of elections, or when the consequences of an action are impossible to eliminate and the violation impacts the outcome of elections. However, Article 88.2 provides that registration of a political party (alliance) shall be revoked upon the judgment of the court where the provisions of Article 19.8, 26.1, or 27 have been violated. Since Article 27 regulates the use of the means of campaign funds, Article 88.2 may allow de-registration for minor campaign finance violations. Article 88.1(5) provides that the CEC may revoke the full candidate list if the number of candidates of even one district electoral list falls below three. This provision may be regarded as a disproportionate sanction. It is recommended that the draft code allow de-registration of candidates and party lists only as an exceptional measure for the most serious violations of law.