Home > 1.2 Equal suffrage > SERBIA - Joint opinion on the constitutional and legal framework governing the functioning of democratic institutions - Electoral law and electoral administration
 
 
 
Download file    
 
 
Paragraph 39
 

Article 11 of the Law on the Unified Voter Register (LUVR) allows for ex officio amendments to the voter register based on the residence data provided by the Ministry of Interior. In certain cases, the police may establish that a citizen does not permanently reside at a particular address and, as a part of an administrative procedure, this results in his or her exclusion from the permanent register, and, subsequently, he or she is automatically removed from the voter register. While the LUVR prescribes permanent residence as a prerequisite for inclusion in the voter register, the constitution and LEMP (and other election laws) do not include such a requirement. Some election stakeholders indicated that the removal of voters from voter lists due to lack of permanent residence might negatively affect minority voters. The Venice Commission and ODIHR recommend that the LUVR be harmonised with the constitution, the LEMP, and other election laws. Further, at any juncture, if the ex officio removal of a voter from the voter register is permitted by law, the law should further prescribe how it is documented by election authorities, what information the citizen is provided and ensure that all removals are based on reasonable, objective and non-discriminatory criteria.