Home > 1.3 Free suffrage > TÜRKIYE - Joint Opinion on Amendments to the Electoral Legislation and Related "Harmonisation Laws" Adopted in March and April 2018
 
 
 
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Paragraph 52
 

Under the March amendments, it is possible, based on a request by the governor or president of the provincial election board, for the SBE to relocate or merge polling stations based on security concerns up to one month before the elections (Law on Basic Provisions on Elections and Voter Registers Article 14.16).41 The involvement of governors, who are high level civil servants, raises additional concerns about impartiality in the election administration. In addition, the legislation does not include strict, clear, objective parameters for its application with the aim to ensure that the right to vote is not unduly restricted. The term “if it is deemed necessary in terms of the election security” leaves room for a wide margin of appreciation, which could be abused, and lacks the transparency necessary to maintain stakeholder confidence in the process. In addition, there is no requirement that voters be notified of the new polling location. The relocation of a polling station may make it difficult for voters to exercise their right to vote. This provision was extensively used in the 2018 elections, with some opposition parties and civil society claiming the relocations were used to limit access to the vote of the Kurdish population, and numerous formal complaints were lodged challenging relocations.42 The Venice Commission and ODIHR recommend that this provision to relocate or merge polling stations based on security concerns be reconsidered, to establish strict, clear, objective criteria in the legislation for its application with the aim to ensure that the right to vote is not unduly restricted.


 


41 The SBE decided in 2015 that the relocation of polling stations on security grounds was unconstitutional and inconsistent with international standards on voting rights, noting the state is responsible for providing security at assigned voting places.
42 The ODIHR final report on the 2018 early presidential and parliamentary elections notes that the SBE did not publish the number and location of the BBCs that were relocated, the number of voters affected, or the justification for the decisions. The SBE informed the ODIHR that 120,000 voters were affected in the east and southeast, while the HDP claimed 320,000 voters were affected.