President Won't Sign Electoral Code Amendments, Will Not Appeal to Constitutional Court

The President of the Republic will not sign the law, nor will he appeal to the Constitutional Court to determine its compliance with the Constitution.

The statement from President Armen Sarkissian's office is presented for your attention. On April 2, 2021, the law on amendments and additions to the constitutional law "Electoral Code of the Republic of Armenia" was submitted to the President's signature by the National Assembly.

The President discussed the law with the leaders of several parties, political figures, and a representative of the Central Election Commission, considering their opinions and remarks.

Studies by the President's office concluded that the law does not appear problematic in terms of constitutionality. At the same time, the President has the following principled observations regarding the law:

• The law was adopted solely through the voting of the political majority in the National Assembly.
• The President has repeatedly stated that the organization of snap elections aimed at overcoming the crisis should be preceded by a comprehensive process of amendments to the Constitution and the Electoral Code, which requires reasonable time and should be conducted in accordance with the principles of democracy, taking into account the opinions shaped through broad public and political discussions.
• The regulations related to the electoral process should be aimed at best representing the interests of voters in forming the National Assembly.
• According to the Venice Commission's approach, changes to electoral legislation should take place at least one year before elections.
• The Venice Commission has also expressed its position that the stability of the electoral system is one of the most important principles; it is also crucial to have enough time for in-depth public discussions regarding changes to the electoral code, with the participation of all interested parties.
• The law replaces one type of proportional electoral system with another. Specifically, the current procedure for participating in elections with territorial electoral lists is excluded.
• Without the territorial list procedure, the proportional electoral system can be effective in states that have established a political culture where parties have a clear program, where the public has the opportunity and sufficient time to familiarize themselves with the programs, and where elections are conducted based on the presented programs.
• While such a change in the current situation in the Republic of Armenia may lead to competition not among parties and their programs, but among individuals leading those parties.

In light of the above, the President will not sign the law, nor will he appeal to the Constitutional Court regarding its constitutionality.