Draft Regulation on the Formation of Electoral Commissions

Alexander Shlyk, the Special Representative for Elections of Sviatlana Tsikhanouskaya, has presented a draft resolution on how electoral commissions can be formed for the new presidential elections in Belarus.

You can download the draft resolution on the formation of commissions in PDF format. Below is the full text of the draft. The draft is open for public discussion – you can comment on it on this page below or write to [email protected].

DRAFT RESOLUTION

Central Commission of the Republic of Belarus for Elections and Republican Referenda

On Approving the Regulation on the Procedure

for the Formation of Electoral Commissions

in the Preparation and Conduct of the 2021 Presidential Elections

in the Republic of Belarus

In accordance with paragraph 3 of part one of Article 33, paragraphs 3 and 4 of Article 11 of the Electoral Code of the Republic of Belarus (hereinafter referred to as the Electoral Code), with the aim of uniformly applying the provisions of Articles 34 and 35 of the Electoral Code, which define the procedure for the formation of electoral commissions and the nomination of representatives to the electoral commissions, the Central Commission of the Republic of Belarus for Elections and Republican Referenda

RESOLVES:

To approve the Regulation on the Procedure for the Formation of Electoral Commissions in the Preparation and Conduct of the 2021 Presidential Elections in the Republic of Belarus (attached).

Chairperson of the Commission                                                                X.X. XXXXXX

Secretary of the Commission                                                                    X.X. XXXXXX

APPROVED

Resolution of the Central Commission of the Republic of Belarus for Elections and Republican Referenda XX.XX.2021 № XX

REGULATION

on the Procedure for the Formation of Electoral Commissions

in the Preparation and Conduct of the 2021 Presidential Elections

in the Republic of Belarus

CHAPTER 1. Principles of Electoral Commission Formation

1. When exercising the right to nominate members of electoral commissions, during the formation of these commissions, and while participating in their operations, process participants must adhere to principles of transparency, legality, openness, voluntariness, non-discrimination, and equality of all electoral process participants.

2. Throughout the nomination and formation of electoral commission members, process participants shall aim to enhance trust in the electoral proceedings and ensure the effective administration of free, fair, and just elections, as well as the full realization of the citizens of the Republic of Belarus’ right to direct involvement in the governance of societal and state affairs.

3. The activities of all electoral process participants involved in the formation of electoral commissions must be conducted openly and transparently, with the compulsory and comprehensive dissemination of information about their work to the citizenry, including through local representative, executive, and administrative bodies.

CHAPTER 2. Bodies and Timelines for the Formation of Electoral Commissions

1. The regional and Minsk city commissions for the Presidential elections of the Republic of Belarus are formed by the presidiums of the regional and Minsk city Councils of Deputies and the regional and Minsk city Executive Committees. These commissions are constituted with 9–13 members no later than XX days before the elections.

2. The district and city commissions for the Presidential elections of the Republic of Belarus are formed by the presidiums of the district and city Councils of Deputies and the district and city Executive Committees, while the district commissions within cities for the Presidential elections are formed by the presidiums of the city Councils of Deputies and the city Executive Committees. These commissions consist of 9–13 members and are established no later than XX days before the elections.

3. The precinct electoral commissions for the Presidential elections of the Republic of Belarus are formed by the district and city Executive Committees, and in cities with district divisions, by the local administrations. These commissions are comprised of 5–19 members and are formed no later than XX days before the elections.

CHAPTER 3. Procedure for Deciding on the Formation of Commissions

1. Decisions by local representative, executive, and administrative bodies are made at joint meetings, provided there is a quorum (at least two-thirds of the members of the presidium of the local Council of Deputies and the executive committee). These decisions are taken by a majority of the members present.

2. Meetings of bodies responsible for forming commissions are open to the public. Local representative, executive, and administrative bodies notify observers, nominees for electoral commissions, nominating bodies of political parties, other public associations, work collectives, and citizens nominating their representatives to the electoral commissions about the time and place of the meeting. Observers, electoral commission nominees, representatives of nominating bodies, political parties, other public associations, work collectives, and citizens, as well as media representatives, must not be restricted from attending, receiving any information, or obtaining copies of documents related to the nomination, determination, and approval of the composition of electoral commissions. Participants at the meetings of local representative, executive, and administrative bodies have the right to make proposals and comments on the formation of commissions, which must be substantively considered during the meeting.

3. Local representative, executive, and administrative bodies ensure the broadcasting on the Internet of meetings and other events related to the formation of electoral commissions.

4. During meetings, minutes are kept that record the discussions, proposals, and remarks of all present. Bodies responsible for forming commissions must immediately post copies of the minutes on the Internet and in the building where the commission formation meetings are held, in a location accessible 24/7 to observers and voters. Once the formation of the commissions is complete, copies of the minutes are promptly sent to the Central Election Commission (CEC) via email.

5. The decision is accompanied by a report on the formation of the commission’s composition, justifying the selection of commission members, the existence and content of protests, additional opinions, proposals, and remarks, and decisions taken following the consideration of these at the meeting.

6. The decision on the formation of the commissions and the report are published in accordance with the election calendar set by the CEC and are immediately made available on the Internet. The decision includes the surname, first name, patronymic of each commission member, the method of nomination to the commission, the commission’s location and phone numbers, and the voting results.

CHAPTER 4. Nomination of Members of Electoral Commissions

1. Political parties, other republican public associations, organizational structures of political parties and other public associations, work collectives of organizations, and collectives of structural subdivisions of organizations, as well as citizens, shall follow the provisions of Article 35 of the Electoral Code regarding their right to nominate representatives to the respective regional, Minsk city, district, city, district within cities, and precinct electoral commissions.

2. A political party, other republican public association, organizational structure of a political party or other public association, work collective of an organization, or collective of a structural subdivision of an organization shall nominate representatives to the electoral commissions from among their members.

3. Groups of citizens possessing voting rights (hereinafter referred to as “citizen groups”) and residing in the relevant territory, shall nominate their representatives from among the residents of the administrative-territorial unit in which the commissions are formed.

4. A political party or its organizational structure, another republican public association or its organizational structure, work collective of an organization or collective of its structural subdivision, and a citizen group are entitled to nominate only one representative to the respective electoral commission.

5. A citizen group must comprise at least 10 citizens, who are not also members of another citizen group.

6. When nominating a representative to the electoral commission from a political party, other public association, organizational structure of a political party or other public association, work collective of an organization, or collective of a structural subdivision of an organization, the bodies forming the respective electoral commissions shall be provided with a protocol (copy of a protocol, excerpt from a protocol) of the meeting (assembly) containing information as prescribed in part seven of Article 35 of the Electoral Code.

7. When nominating a representative to the respective commission, the meeting protocol or statement signed by citizens must be submitted to the bodies forming the commission no later than three days before the deadline for forming the respective commission as established by this regulation.

8. Applications for nominating candidates to the electoral commissions may include additional information on the motivation for nominating candidates, which is mandatory for consideration by the bodies forming the commission composition.

CHAPTER 5. Requirements for the Composition of Electoral Commissions

1. Bodies responsible for forming commissions generally constitute one-third, or the smallest fraction exceeding one-third, of their composition from representatives nominated by political parties and other public associations.

2. This provision does not apply to the formation of precinct commissions outside the Republic of Belarus, nor to those in hospitals and other healthcare organizations providing inpatient medical care.

3. To enhance the trust and representativeness of electoral commissions, priority in determining the composition of commissions is given to candidates nominated by citizen groups.

4. To ensure rotation among commission members, it is recommended that commissions form their executive bodies (chairperson, vice-chairperson, secretary) from individuals who have not previously held leadership roles in electoral commissions. To increase the independence of electoral commission members, consideration should be given to preventing conflicts of interest due to professional hierarchy within the work relations of commission members when determining the executive body.

5. In determining the composition of commissions, forming bodies should take into account any information provided by nominating entities in support of their nominated candidates, as well as information provided by individuals present at the commission formation meeting. Priority may be given to candidates with experience or education in law or related specialties.

6. Public servants may not constitute more than one-third of a commission’s composition. This provision does not apply to the formation of precinct commissions outside the Republic of Belarus. When deciding to include public servants in a commission, the authorized bodies must consider the need to prevent conflicts of interest and potential professional hierarchy.

7. Judges, prosecutors, and heads of local executive and administrative bodies cannot be members of the commission.

8. For elections of the President of the Republic of Belarus held outside its borders, precinct commissions are formed by the heads of the diplomatic representations (consular institutions) of the Republic of Belarus operating in the respective foreign countries.

9. In determining the composition of commissions, forming bodies must consider the need to maintain gender equality. Commissions are advised to form their executive bodies (chairperson, vice-chairperson, secretary) while ensuring gender equality within the executive composition.

CHAPTER 6. Voluntary Participation in Electoral Commissions and Adherence to Ethical Principles

1. The formation of commissions is based on the principle of voluntariness.

2. Members of electoral commissions affirm their voluntary participation in the commissions and accept an ethical code approved by the CEC as an appendix to this regulation. By agreeing to the provisions of the ethical code, commission members confirm their commitment to perform their duties on behalf of all citizens, irrespective of the bodies or citizen groups that nominated them, and to act conscientiously, impartially, and professionally, with the aim of ensuring free and democratic elections.

CHAPTER 7. Conflict Resolution and Appeals Against Decisions on Commission Formation

1. In case of conflicts or an inability to reach a consensus in approving the composition of commissions, local representative, executive, and administrative bodies may seek clarification from the CEC or petition the CEC for assistance in determining the composition of commissions.

2. The decision of the body that formed the commission may be appealed within three days of its issuance to the respective regional, Minsk city, district, or city court by entities that nominated their representatives to the commission. The appeal must be signed by the leader of the political party (or its organizational structure), other public association (or its organizational structure), head of another organization (or its structural subdivision), or by citizens who nominated a representative to the commission through a statement. The court considers the appeal within three days, and its decision is final.