#09 PREVENT PRESSURE ON VOTERS AND ENSURE FREEDOM OF CHOICE
The Code of the Venice Commission establishes the mandatory secrecy of voting (VC I.4). Any control of one voter over another must be prohibited, and the records of voters must not be published (I.4.b, c), while violation of the secrecy of the ballot must be punished. (I.4.d). In order for these standards to be met, it is necessary to undertake the following:
a. Directly prohibit by the law parallel evidence at the polling station as they jeopardise the secrecy of voting
It is necessary to supplement article 55 of the Law on the Election of Members of the Parliament by a provision stating that it is forbidden at the polling station to keep records of persons who casted their votes other than the official excerpts from the voters’ register (by writing down names or ordinary number from the excerpt from the voters’ register of people who voted or who did not vote), and putting into penal provisions of the same Law that whoever violates this provision would be fined with 10.000 to 30.000 dinars.
b. Additionally improve legal provisions relating to the prohibition of pressure on employees in public companies and public administration
Article 49, paragraph 4 of the Law on Public Companies has been amended by specifying that unscrupulous conduct of directors is the basis for dismissal. Another cases have not been foreseen, it is necessary to do so. Also, amendments to article 49 consider exerting pressure on employees and otherwise engaged personnel in a public company in connection with support to political entities or candidates in the elections as unscrupulous conduct of a director. The amendments also include situations in which a director was aware that an employee or otherwise employed personnel used the resources of the public company or used pressure to promote political entities or candidates in the elections, but took no action despite his/her competence to prevent it.
c. Improve the protection of personal data of citizens in order to prevent electoral pressure
It is necessary to ensure an adequate protection of citizens’ personal data in order to prevent them from pressures they are exposed to by various political entities. This pressure is reflected in disturbing phone calls and other types of disturbances. It is therefore indispensable to prevent and stop this unacceptable type of political entities’ acting. It is necessary that obligees of the Law on Personal Data Protection cease to transfer citizens’ data base and that political entities stop using this data base for any other purposes that those intended for in the first place.