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Draft

Submitted by President

of the Republic of Belarus

Law of the Republic of Belarus On Amendments to Electoral Code of Belarus

Article one. To introduce into the Electoral Code of the Republic of Belarus adopted on February 11, 2000 (National Register of the legal-acts of the Republic of Belarus, #25 2/145) the following amendments:

1. Parts three, four, and five of article 13 [Public Openness During Preparagraphtion and Holding of Elections and Referendum and Recall of a Deputy of the Chamber of Representatives, a member of the Council of the Republic and a Deputy of the Local Council of Deputies] to be stated as follows:

"While conducting elections, referenda or recalls of a deputy of the Council of the Republic the observers - deputies of the Chamber of Representatives and members of the Council of the Republic, deputies of local Councils of Deputies, proxies of candidates for position of the President of the Republic of Belarus and of deputies, representatives o? political parties, other public associations, labour collectives, citizens, foreign (international) observers, as well as mass media representatives - shall have the right to be present in accordance with the procedure established by the Central Commission for the conduct of elections and national referendums. The observers are entitled:

Observers are not entitled to:

Foreign (international) observers from other nations and international organizations are invited to the Republic by the Belarus president, House of Representatives, Council of the Republic, Council of Ministers, Ministry of Foreign Affairs, and Central Election Commission.

Foreign (international) observers are accredited by the Central Election Commission. The term of foreign (international) observers starts on the date of their accreditation and ends on the date of the publication of the final results of the elections, referendum, and recall of the deputy of the House of Representatives and the member of the Council of the Republic.

Foreign (international) observers conduct their observation in accordance with the procedure, outlined by paragraph four of the article. Foreign (international) are entitled to have the meetings with candidates and candidates' proxies and, following the day of the elections, to express their opinion on the Belarus electoral code, referendum, House of Representatives deputy and Council of the Republic member recall elections, hold press conferences and approach mass media.

Foreign (international) observers are not entitled to use their status to engage into activities that are not associated with the observation of preparation and conduct of elections, referendum, recall elections.

The Central Election Commission is entitle to void accreditation of an international (foreign) observer in case the latter violates the Belarus legislation or universally recognized principles and/or provisions of the international law.

Mass media cover preparation and conduct of elections, referendum, and recall elections in accordance with the Belarus law. Media representatives are entitled to be present in the meetings of the commissions, on the premises of the voting facility, in the meetings of deputies of local oblast primary-level Soviets, in the meetings of Minsk City Soviet deputies in connection with the election of the members of the Council of the Republic or Council of the Republic member recall elections.

Individuals listed in paragraph 3 of the article are not authorized to intervene into the work of commissions, into the meetings of the local Soviets of primary level and Minsk City Soviet deputies. In case these individuals interfere with the work of commissions, with the meetings of local oblast primary-level Soviets of primary level, Minsk City Soviet deputies, with the conduct of voting, they can be expelled from the meeting of the commission or from the voting facility by a decision of the chairpersons of the relevant commissions, presiding chairpersons of the meetings of meetings of deputies of local oblast primary-level Soviets, deputies of Minsk City Soviet deputies."

2. In item 2 of part 6 of article 24 [Powers of Local Executive and Administrative as Well as of Representative Bodies in Organizing the Preparation of Elections, Referendum or Recall of a Deputy or a Member of the Council of the Republic] to replace the words "assist in organizing" [meetings of candidates for the position of the President of the Republic of Belarus and for deputies with, the electors...] with "create conditions for the conduct of..."

3. In Article 45 [Election Agitation and Agitation for Referendum and Recall of a Deputy or a Member of the Council of the Republic]:

To change the wording of paragraph 7 of the article: from "promote the conduct of ..." to "provide conditions for the conduct of..."

To add another paragraph to the article following paragraph 8 containing the following:

"While conducting presidential or parliamentary elections the relevant election commissions produce consolidated posters containing biographical date for all presidential or parliamentary candidates running in the same constituency. The posters are to be located at the polling stations and other specified by the law places. The production costs for the posters are covered by resources allocated from the national budget for the preparation and conduct of elections";

accordingly, parts 9,10,11, and 12 to be considered parts 10., 11,12,13.

4. In part six of article 49 [Liability for Violation of the Requirements of this Code] the wording "citizens of Belarus, as stipulated in part 3 of article 13 of the Code" to be replaced with "observers."

5. In article 52 [Holding of Vote at the Polling Station]:

Part 5 to be revised to:

"During the voting the elector shall check the square located to the right of the last name of the candidate he/she supports. If the voter votes against all candidates, he/she checks the square to the right of the "Against all candidates" line. During voting at a referendum, the participant of the referendum checks the box under the 'yes' word to vote for the issue (draft decision) subject to national referendum and the box under the 'no' word to vote against the issue to be decided upon in the referendum. The elector who votes for recall of a deputy shall check the box under 'for recall,' whereas the one voting for the preservation of the powers of the deputy shall check the box under 'against recall.'" In part 6 of the article:

the wording 'one to be crossed out' to be replaced 'beneath which an empty square is placed';

to add to this part the following: "voting for a candidate, the voter checks the square beneath the 'yes' word, while voting against a candidate, the voter checks the square beneath the 'no' word.

6. In article 54 [Voting at the Place of Stay of the Elector or the Participant in the Referendum during Elections or Referendum]:

The second sentence of part one to be revised as follows:

'For this purpose, the precinct election commission shall have not more than 3 portable boxes.';

to add to paragraph two of part two the following:

'voters or participants in the referendum can request organization of voting at the place of their location at any moment following the establishment of the constituency commissions, whereas on the day of elections not later than two hours before the closing of the polling stations.'"

7. Part nine of article 55 [Count of Votes at the Polling Station during Elections of the President of the Republic of Belarus, Deputies of the Chamber of Representatives and Deputies of Local Councils of Deputies and the Referendum] to state as follows:

In case of elections or referendum, ballot papers different from the established sample, ballot papers having no signatures of the persons who are members of the precinct commission on their reverse side shall be recognized as invalid; in case of holding of elections of the President of the Republic of Belarus and deputies of the Chamber of Representatives and deputies of local Soviets also ballot papers in which, as a result of voting, more than one square has been checked or none of the squares have been checked or, in case there is one -name, if both squares are checked or unchecked; and in case of the referendum - also ballot papers in which none of the boxes or both of the boxes are checked. When decision is taken to recognize a ballot paper invalid, the precinct commission shall vote on the issue."

8. In article 61:

part 6 of the article to be revised to:

"The surname, first name, and patronymic, the date of birth, place of residence, series and number of passport or the personal details of a candidate's proxy supporting the presidential candidate are to be filled out on the signature list. The information on this citizen is to be entered into the list by hand. The citizen will date this information with his own hand. The signatures are to be numbered";

Paragraph nine of part 14 to be revised to "signatures of voters, if information about them is not filled out by hand or pen, as well as information not, entered personally by voters";

9. In Article 62 in part one to exclude the words "not later than six months" and the words "primary organization" shall be replaced with the words "organizational structure";

Part two and part three shall be as following:

"Nominating candidates to deputies of oblast, Minsk city, region, city (oblast subordination cities) of the Councils of deputies from political parties is carried out by the respective supervising bodies of oblast, Minsk city, region, city organizational structure, created in the set order before the announcement of elections, provided that on the territory of the respective electoral constituency for elections to oblast, Minsk city Council of deputies, and for elections to the regional and city (oblast subordination cities) Council of deputies on the territory of the respective region, city there is an organizational structure of a political party, nominating a candidate to deputies which has been founded in the established order before the announcement of elections.

Nomination of candidates to deputies of city (regional subordination cities), small towns and village Councils of deputies is done by the regional, city supervising bodies of political parties, and also during the meetings of their lower standing structures, located on the territory of these local Councils of deputies, provided that the regional, city and lower standing organizations structures were founded in the established order before the announcement of elections".

10. In the first sentence of part one Article 65 to exclude the words "residing on the territory of the respective electoral constituency".

11. In Article 66:

Part one - the words 'primary organization' shall be replaced with the words 'organizational structure';

in Part two: the words "primary organization" shall be replaced with the words 'organizational structure';

after the words 'date of foundation' the words 'state registration or putting on a record list' shall be added after the words 'envisaged by the Central Electoral Commission' the words 'declaration of income and property in the form, approved by the Council of Ministers of the Republic of Belarus;

in part three the words 'a document, certifying that an organizational structure of a political party, which nominated a candidate to deputies, and that he is a member of this party, stating the date of the foundation and the exact address of the primary organization of the political party, which nominated its candidate to deputies; biographical data of the person, who has been nominated as a candidate to deputies with the information data, asked for by the Central Electoral commission' shall be replaced with the words

'a document, certifying that in the constituency or on the territory of the region or city there is an organizational structure of the political party with the date of its foundation and state registration or the date when it was put on a record list and exact address; a document, certifying that a candidate to deputies is the member of the party which nominated him; biographical data of the person, nominated as a candidate to deputies providing the information asked for by the Central electoral commission; declaration on income and property of those persons who were nominated as candidates in oblast, Minsk city and regional, city (oblast subordination cities) Councils of deputies in the form, approved by the Council of Ministers of the Republic of Belarus';

following 'Central Commission" to add to part four of the article the following: 'and income or property statement by individuals nominated as candidates to deputies of the House of Representatives, candidates to deputies of regional, Minsk city, district, city (oblast subordination cities) Soviets in accordance with the form adopted by the "Council of Ministers of the Republic of Belarus."'

12. In article 68:

to part four to add 'income or property statement in accordance with the form adopted by the Council of Ministers of the Republic of Belarus' following the words 'as stipulated by the Central Election Commission';

in part five to replace 'primary organizations' with "subordinate organizational structures';

following the words 'include biographical' to add to part six 'and income and property statements.'"

13. In article 70 to replace "primary organizations" with "subordinate organizational structures."

14. In article 71 to replace "primary organizations" with "subordinate organizational structures."

15. In article 72 to add to part the following:

"To the right of the information about each candidate, an empty square is placed. At the end of the list of candidates a line is placed reading 'Against all candidates' with an empty square to the right of it."

16. Article 100, Paragraph 6: to add the following "...as stipulated by the Central Commission", "as well as a declaration of income and assets in the format approved by the Council of Ministers of the Republic of Belarus shall be submitted..."

17. Article 101, Paragraph 1: "...this person's biographical data and declaration of income and assets, and with regard to the persons, specified in Article 99..."

18. Article 104, Paragraph 4: At the end of the list of candidates there will be line reading "Against All Candidates" with an empty square to the right of the phrase."

19. Article 105, Paragraph 2: "The ballot papers shall be filled out inside a booth or a room for secret voting. During the voting, the voter will place a mark of their choice inside the empty squares to the right of the names of their chosen candidates, choosing no more than eight names, or else in the square to the right of the line reading "Against All Candidates".

20. Article 106, Paragraph 3: "The ballot papers differing from the established form and the ballot papers with filled squares exceeding the number of candidates to be elected to the Council of the Republic exceeding the number of members..."

21. Article 115, Paragraph 4: to be revised to include "the signature list shall display the surname, first name, and patronymic, the date of birth, place of residence, series and number of passport or the personal details of a witness who is a citizen of the Republic of Belarus, possessing voting rights, supporting the proposed referendum. The information on this citizen is to be entered into the list by hand. The citizen will date this information with his own hand. The signatures are to be numbered."

22. Article 118, Paragraph 1: "The ballot paper shall contain the exact wording of the question (draft decision) offered for the referendum and shall specify the voting options by the words "for" and "against" beneath the empty squares provided."

23. Article 136, Paragraph 2: "the signature list shall display the surname, first name, and patronymic, the date of birth, place of residence, series and number of passport or the personal details of a witness who is a citizen of the Republic of Belarus, possessing voting rights, supporting the recall of a deputy. The information on this citizen is to be entered into the list by hand. The citizen will date this information with his own hand. The signatures are to be numbered."

24. Article 139, Paragraph 1: after the words "against recalling" insert the words "beneath the empty squares provided."

25. Article 155: paragraph 13 to be revised to:

Observer is a deputy of the House of Representatives, member of the Council of the Republic, deputy of local Soviet, a proxy of a presidential or parliamentary candidate, as well as the person authorized by the political party, another public association, labor collective and citizens to observer the holding of elections, referendum or recall of the deputy in accordance with the procedure stipulated by the present Code;

Paragraph fourteen to be revised to :

"Foreign (international) observer is the person representing a foreign state or an international organization who acquired in conformity with this Code the right to be observing the holding of elections or referendum in accordance with the procedure stipulated by the present code";

Article 2: This legislation takes effect from the day of its official publication.

President of the Republic of Belarus