Home > 1.2.1 Equal voting rights > MOLDOVA - Joint Opinión on the Law for Amending and Completing Certain Legislative Acts (Electoral System for the Election of the Parliament)
 
 
 
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Paragraph 48
 

Article 291(31) provides the criteria for opening polling stations abroad. Similar principles are applicable for the opening of polling stations for voters living in Transnistria (Article 292(3)). The decision is made based on a wide margin of appreciation. Even if this rule provides for more relevant criteria to be taken into consideration compared to the draft law assessed in the June 2017 Joint Opinion, it does not provide clear and fixed criteria for the CEC on how to determine the number of polling stations abroad for each location. A possible requirement could be to have a fixed set of polling stations relative to the number of voters registered in advance in the various locations abroad. This would, however, imply that a sufficient number of voters register abroad. For the time being, the provision leaves it to the CEC’s discretion to determine the number of polling stations in each location based upon the relevant statistical data listed in Article 291(31). The Venice Commission and ODIHR reiterate their recommendation to establish clear and fixed criteria for the CEC to follow and to avoid any arbitrary or unreasonable restrictions to the right to vote.