To what
extent does the new Electoral Code adopted last year ensure the right of the
citizens to vote?

There are essential amendments to the new Code as
compared to previous one. The principle of the law is the same- everybody has
equal right to elect and to be elected except for the cases stipulated by law.
The amendments are essential especially on secrecy of voting. Very strict
punishments are determined for falsifiers and for those people who will abuse
their rights.

There are also essential amendments for media.
The previous Code gave way to a double interpretation on taking photo and video
and it was not clear when one may take photo and what can be photographed. The
present Code determines clearly that the whole electoral process can be
photographed and shot without hindering the commission from work. One may not
photograph only the signed list of the voters taking into account that it
violates the secrecy of voting and one may not photograph the back side of the
polling-booth. And during the summing up and calculating the results it is
allowed to photograph the ballots.

Were the
needs of the disabled taken into account?

The Central Electoral Commission made a number of
decisions. There is only one condition that everybody must be present at the
polling station that is they must come to the polling station. There is a
special decision for those who move with difficulty that if the polling station
is not convenient and it is impossible to enter the polling station, the Head
of the Commission must support them and they can be registered and vote.

In the polling station somebody can help those who
have problems with eyesight. There are special templates for the blind and they
can make their choice easily. If the voter wants somebody to help him/her, they
can ask anyone except the members of the Commission and the proxies. It can be
an observer, a representative from media or another voter. But it is an
indispensible condition that the helper must be registered in the journal and
the same person is not competent to help someone, which means that  one cannot stand and help several voters.

The
Parliamentary Opposition suggested that the signed list of the voters should be
published which wasn’t accepted because it violated the principle of secret
voting. Why are the names of people who had participated to the election kept in
secret?

Every member of the Commission, every observer, proxy
or a media representative now have competence to carry out control and
verification in the polling stations and there is also an institute for
petition of recalculation. If previously this process wasn’t clear, the present
Code gives a wide opportunity for recalculation in case of petitions and
complaints. The side which submits a complaint can make extracts from the
signed lists without Xeroxing, taking a photo or shooting. If the applicant has doubts that some people
voted illegally he/shecan make extracts and find out only after the appeal. And
it is not necessary for them to have the data of all the voters.

Are the
concrete facts and proofs necessary for appeal or they can only have doubts?

First those bags are open on which there are
substantial proofs adjacent to the petition. The Voting District Commission
studying the records and journal entries made by the Precinct Election
Commissions can cast doubt on the work of Precinct Commission and make a
decision to open the bag. There is no clear criterion that in this case it must
be open in other case it mustn’t. The Commission decides by voting whether to
do a recalculation or not.

You said the Electoral Code is all in all a good one, so what problems
arise during the enforcement of law, what problems do the citizens have while
realizing their electoral right?

You know if one wants to abuse they can do it with the
best law in the world irrespective of possible consequences. And if the law is
perfect it doesn’t mean there will be no problems. The elections of the Local
Government Bodies were held by the present Code and there were no serious
omissions or problems. We hope there won’t be any at the State elections.

There were
discussions on 100℅ Proportional and Mixed Electoral systems for a long time.
Taking into consideration the present political situation in Armenia which
electoral system is more appropriate also taking into consideration the
experience of other countries?

I have studied the Electoral Legislation of other
countries. There are 100℅ Proportional and 100℅ Majoritarian and Mixed
Electoral systems. And there is no ideal variant that this is good and that one
is bad. Each country has developed a principle and maybe one is good for one
country and bad for another. The fact remains that our Code determines a mixed
system- one part is proportional one part is majoritarian. And taking into
account that the Central Electoral Commission bears responsibility for the
elections and we must do our best that the elections are legal irrespective of
electoral system.

The
Opposition claims that the Majoritarian electoral system doesn't serve its
purpose.

I cannot interpret what the Opposition or political
Coalition said. Both of them have grounds and one considers the grounds of
another as non substantial. Let the politicians solve the political problems.

One of the
NGOs has recently suggested put “I am against all” variant in the ballots with
the basis that the voice of people who are against all the candidates is lost
as they do so that the ballot is considered invalid. What is your position on
this problem?

Both my position and the position of Central Electoral
Commission is that there cannot be “I am against everyone” variant because a
person goes to elect the future authorities no matter it is a local or state
election. I am deeply convinced that there cannot be a person in Armenia who
doesn’t have an orientation for a candidate, party or ideology. And if they
follow the path of voting against everyone that is set up a boycott against all
the candidates what benefit do they or the community or Armenia have? The
protest action can be done in another way and not voting against everyone. The
aim of elections is to form an authority. And I think it is absurd to go to
elections and vote against everyone.

And what if
it is an election of local government bodies and the voter doesn’t see anyone
from the candidates as a Head of their community what should that voter do?

In that case let them try to be the third candidate
and unite the “I am against everyone” voters round the alternative candidate
even though they collect few votes but there will be an alternative. It is very
easy to sit at home and say I don’t like any of the candidates and I am against
everyone.

They say
that the new electronic voting and the mobile ballot-boxes which are used for a
long time can be the reason of electoral falsifications. How does the law
ensure the state of being free from abuse?

The people who receive inpatient treatment in health
facilities and people who are in places for keeping arrested people vote by
mobile ballot-boxes. The number of those people has been always small. It is
not so that all are ill or arrested on the elections day.

And the electronic voting has been lately introduced
in Armenia. This is also for a limited number of people. Only the employees of embassy
and consular representative offices in Armenia and those members of their
families who have electoral right as well as the employees of legal
representative offices which always act in other countries will vote.

The electronic voting is gathering full speed in all
European countries and what developments it will have in Armenia I cannot say
we haven’t seen shortcomings yet. But if there is a complaint it can be both on
paper voting and electronic voting.

What sanctions
are determined by law for the candidates who will violate the Electoral Code
during the campaign? For example, they will stick a poster in a forbidden place
or do campaign in one day before the election?

If a violation is found out first it should be
abolished by the candidate. For instance, if it relates to the poster the Local
Government Bodies should interfere and in case of need even police. The
punishments can be in the form of administrative fines, they can be even much
stricter. There are judicial disputes in many places after the elections and if
it is proved that the illegal actions of the candidate had an essential effect
on the results of the elections the elections can be recognized as invalid.

Leaving aside the sanctions sticking a poster in a
wrong place may cost a candidate “a pretty penny”. Particularly, now the law
clearly determines the free of charge places for sticking the posters and I
don’t think any candidate will try to stick them in another place and have
problems because of it. In my opinion the candidates will
not act like that.

Interview by Mery Alexanyan