#17 GIVE OBSERVERS GREATER POWERS TO MONITOR THE ELECTION PROCESS

Domestic and foreign observers should have the widest opportunity to participate in the election process (VC 3.2.a). Observation should not be limited to the Election Day itself, but should include the candidate and voter registration process, as well as election campaigns, and should allow for irregularities to be identified before, during or after elections, especially during the vote count (3.2.b) The observer’s access to the voting process should be clearly defined by the law (3.2.c). In order for these standards to be met, it is necessary to undertake the following:

  1. Allow by the Law to all civil society organisations dealing with topics of general, public importance to observe the election process

    According to the current legal solution (Article 161, paragraph 1 of the Law on the Election of Members of the Parliament), only citizens’ associations whose goals are achieved in the field of elections can be accredited to monitor the work of election bodies. Having in mind the complexity of the election process and the fact that the election process by its nature includes several different processes that permeate different areas of activity in society, it is necessary to amend the mentioned article of the Law on the Election of Members of Parliament to enable civil society organisations dealing with related topics, of general and public importance, such as media freedoms, fight against corruption, public administration reform, protection of human rights, etc., to be accredited to observe the work of election administration bodies.

  2. The instructions for conducting the elections must contain instructions on filling in the minutes on the observers

    The election process in 2022 is the first election process in which a new legal solution has been applied – a form on observers filled in by the president of the polling station committee, but also by an observer if they have objections to the voting process and the work of the polling station committee. In order to avoid doubts of the members of the polling committee about the nature of this document and the distribution of responsibilities (who signs what and when), it is necessary to add a special chapter to the Instructions for conducting elections with instructions on the nature of these minutes and ways of their filling. During the Election Day on April 3rd, a number of cases were recorded when members of polling stations did not know how to fill in the minutes on observers, nor what observers were allowed to write in the minutes.