site.btaUPDATED President Vetoes Election Code Revisions Limiting Number of Voting Sections Outside EU

Bulgarian President Iliana Iotova has imposed a suspensory veto on amendments to the Election Code that limit to 20 the number of voting sections in any country which is not an EU Member State, not counting the voting sections at Bulgarian embassies and consulates, the head of State's Press Secretariat said on Wednesday.

The revisions in question, moved by Vazrazhdane, were passed conclusively by Parliament on February 5.

In the reasoning to the veto, Iotova argues that regardless of their whereabouts, Bulgarian citizens enjoy all rights and obligations under the Constitution, and the State is obliged to ensure equality in the exercise of franchise, the press release says.

The President reasons that the amendments as adopted jeopardize the principle of universal suffrage proclaimed in the Constitution. She cites a Constitutional Court decision enjoining the State to ensure to each Bulgarian citizen conditions to exercise their franchise freely and without obstacles of any nature whatsoever. "The constitutional guarantee of the inalienability of the right to vote precludes the possibility of creating by law any procedural obstacles that impede or forestall its exercise," Iotova points out. 

The head of State points out that the revisions deliberately bar Bulgarian voters outside the EU from the exercise of their right to vote. "The difficulties may be posed by the remote location of the voting section, the large number of citizens who have expressed a wish to vote, and the number of those who can effectively exercise this right to polling day. Such Bulgarian citizens will thus find it difficult or impossible to comply also with the principle of compulsory voting as included in the Election Code," the reasoning reads.

According to the President, the proposed amendments furthermore breach the principle of equality enshrined in the Constitution. She notes that the different legal regime for setting up voting sections discriminates against Bulgarians resident outside the EU with regard to the possibility to exercise their right to vote. "The Constitution of the Republic of Bulgaria does not provide for such discriminatory treatment of expatriate Bulgarians," Iotova recalls.

"Instead of the citizens' franchise being a way to enlist all Bulgarian nationals in the country's political governance, artificial and unjustified barriers are set up to the exercise of a fundamental constitutional right," the President argues.

She also highlights the risk of the Election Code revisions shaking further public trust in the integrity of the election process. "The amendments are moreover contrary to an aspiration stated repeatedly by government officials, politicians, NGOs and member of the public to maximize efforts to increase voter turnout," Iotova notes.

The bill is now going back to Parliament for further consideration. The vote by which the amendments were passed on February 5 was 117 in favour, 82 against, and 10 abstentions. The minimum number of votes required to override a presidential veto is 50 per cent plus one of all 240 lawmakers, i.e. 121.