Coercing candidates to renounce the mandate to be criminalised, scope of observers to be expanded — Package of amendments to the Electoral Code based on the positive opinion of the Venice Commission submitted to the National Assembly
24/10/2024

During the regular session of the National Assembly, Acting Minister of Justice Armenuhi Harutyunyan presented the package of the draft Law "On making amendments and supplements to the Electoral Code of the Republic of Armenia" and related laws. Armenuhi Harutyunyan noted that adoption of the legislative initiative arises from the 2021-2026 Programme of the Government, as well as the Strategy for Judicial and Legal Reforms. The package is the result of almost two years of research and discussions with a fairly wide range of the public, and it has also received the positive opinion of the Venice Commission. In case the draft Law is adopted, it will be easier for citizens to exercise their voting rights, meaning if it is impossible to vote in their registered community, they will be able to change their polling station through an electronic application and vote at a new polling station through the use of an electronic notification, without a paper-based statement of information. It is proposed to criminalise coercing candidates participating in elections to recuse themselves or waive their mandate. The dates of regular and snap elections will be joined to better organise the electoral process. During recount of the voting results, priority will be given to the applications of candidates, proxies and members of the respective election commission, and, first and foremost, the results of the polling stations for which the application for recount was submitted, will be recalculated. Acting Minister of Justice Armenuhi Harutyunyan emphasised that the draft Law will expand the scope of subjects for carrying out the observation mission. From now on, funds and foundations will also be able to be accredited. The legislation will clarify what will happen to elections in case state of emergency or martial law is declared. Taking into consideration the fact that martial law or state of emergency can significantly change the situation in the country, including the political situation, it is proposed to terminate the electoral process in these cases and resume after the martial law or state of emergency is over, providing the opportunity to take into account the new realities. In all other cases, the electoral process will be suspended and continued from the point where it stopped, with some exceptions.
In her closing remarks, Armenuhi Harutyunyan expressed gratitude for the opportunity to discuss the extensive package, touching upon the questions and comments of the Deputies. She mentioned that in the period between the first and second readings, within the scope of the working group, the Ministry of Justice is open and willing for discussions and the adoption of effective decisions.