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The Constitutional Court Declares Unconstitutional Texts in the Electoral Code

The Constitutional Court declared some of the texts in the Electoral Code unconstitutional.

The court issued a decision in a case initiated at the request of representatives of the 48th National Assembly, from “Continuing the Change” and “Democratic Bulgaria” regarding changes adopted at the beginning of December 2022. This becomes known from a message published on the website to the court.

The Constitutional Court decided that the provision of Art. 212, para. 5 in the part where it is said that machine voting is not produced in sections outside the country “in cases where there is no person to whom the Central Electoral Commission has assigned activities for the technical provision and maintenance of the technical voting device, who knows the Bulgarian language , to install and maintain the technical devices for machine voting.”

PP and DB refer to the Constitutional Court for changes to the Electoral Code

The condition in Art. was also declared unconstitutional. 213b, para. 1 to provide access to the source code and system documentation for the electronic machine voting system, as well as all other software tools applicable in the electoral process, to persons designated by the parties and coalitions “who received more than four percent of the actual votes of the last parliamentary elections held”.

The Constitutional Court rejects the request of the people’s representatives to declare unconstitutional the condition that citizens in sections with less than three hundred voters do not have the opportunity to choose whether to vote by paper ballot or by machine. Also denied is the motion to declare it unconstitutional for the CEC to count the results of the machine voting by counting the machine voting ballots.

2023-12-07 14:48:27


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