Home > 2.7 Election funding > ARMENIA - Joint Opinion on Draft Amendments to the Electoral Code and Related Legislation
 
 
 
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Paragraph 75
 

75. In addition to their previous, pending recommendations, the Venice Commission and ODIHR make the following key recommendations:
A. Further amending the provisions on elections during emergencies (draft Article 7.1 of the Electoral Code), namely: 1) prioritising the temporary halt of the electoral process (its suspension) over its complete termination; fully terminating the electoral process should only be considered as an ultimate option when no other less drastic alternatives are available or when the suspension exceeds a set period of time; 2) avoiding the suspension of elections after voters have already cast their votes; [paragraph 27]
B. Reconsidering the current and new draft provisions of Article 13 of the Electoral Code in the light of international standards and best practice on personal data protection; the publication of the list of the voters who actually participated in the elections should be avoided, and regarding the publication of voter lists before elections, other solutions which protect the personal data in a better way should be considered; [paragraph 39]
C. Making it clear in the law that de-registration of candidates and party lists is allowed only as an exceptional measure for the most serious, clearly described, violations of campaign finance regulations; [paragraph 51]
D. Reconsidering the proposed architecture of political finance oversight split between two different bodies (the Oversight and Audit Service and the Commission for the Prevention of Corruption); in case the currently proposed solution is nevertheless maintained, a clear delineation of responsibilities between the two bodies should be introduced. In any case, the monitoring mechanism must be provided with sufficient tools and resources, including an appropriate number of staff specialised in financial auditing, as well as a clear mandate and obligation to audit financial reports of political parties and electoral contestants, to verify the accuracy of the information submitted, and to initiate investigations of possible irregularities. [paragraph 55]