#15 EXPAND THE JURISDICTION OF THE ELECTION ADMINISTRATION IN THE FIELD OF ELECTORAL RIGHTS PROTECTION
The election administration and other appellate bodies in the process of protecting electoral rights must have jurisdiction over matters such as the right to vote, the Voters’ Register, the correctness of candidacies, compliance with rules during the election campaign, and determining election results (EC I.3.3.d). The appellate body must have the power to annul elections where irregularities may have affected the results, and in the event of annulment, new elections must be held at annulled polling stations (I.3.3.e). The higher electoral commission must also be able to correct or revoke a decision made by a lower authority (I.3.3.i). In order for these standards to be met, it is necessary to undertake the following:
- Expand the possibilities of the electoral commissions and of the Administrative Court to consider the proposed evidence attached to the objection
During the 2022 elections, the REC took a step forward in terms of protecting the right to vote. When deciding on an objection, it is indispensable to assess the evidence submitted in order to substantiate the allegations. In one part of its decisions, the REC considered the attached evidence and thus significantly improved legal certainty in the election process. It is necessary for this good practice to come to life and be applied in all decisions, as well as to be extended to local electoral commissions when deciding in the first instance.
The competent commissions should take into account other evidence, not only the Minutes of the Polling Station Committee, since the statements of voters should have the same probative value as in every other proceeding; and the statements of members of polling stations committees should be viewed analogously to official notes in administrative proceedings. In particular, public documents should be accepted as evidence and acts of administrative bodies that provide information on allegations in the objection because the election process, although regulated by special laws, is not conducted in a vacuum and the presumption of authenticity of public documents should also have effect before electoral commissions.
It is necessary to enable the submitter of the request / objection to attend the session of the commission at which their case is decided and to make a statement on the minutes regarding the decision and possibly answer the questions of the commission members and thus resolve doubts regarding the allegations from the request / objection. When deciding in the first instance, this presence should always be possible, and in the second and third instance only at the invitation of the commission / court if they deem it necessary for making a decision.
