Observation of the presidential and early parliamentary elections in Bulgaria (14 November 2021)
Election observation report
| Doc. 15428
| 06 January 2022
1 Introduction
1. The Bureau of the Parliamentary
Assembly, at its meeting on 6 September 2021, decided to observe
the presidential and the early parliamentary elections on 14 November
2021 and to set up an ad hoc committee composed of 20 members (SOC-7;
EPP/CD-6; EC/DA-3; ALDE-3; UEL-1) as well as the two co-rapporteurs
of the monitoring committee. It also decided to maintain, to the
extent possible, the same list of members and chairperson of the
ad hoc committee, Mr Alfred Heer (Switzerland, ALDE), as for previous
observations of elections in 2021 (parliamentary elections on 4
April and early parliamentary elections on 11 July). The list of members
of the ad hoc Committee is set out in Appendix 1.
2. In line with the co-operation agreement signed between the
Assembly and the European Commission for Democracy through Law (Venice
Commission) on 4 October 2004, a representative of the Venice Commission
was invited to join the ad hoc committee as legal adviser.
3. The usual partners of the Assembly in the framework of the
International Election Observation Mission (IEOM), Organization
for Security and Co-operation in Europe Parliamentary Assembly (OSCE
PA) and Office for Democratic Institutions and Human Rights (ODIHR),
decided to not deploy election observation missions. Therefore the
Assembly was the only international parliamentary organisation observing
the presidential and early parliamentary elections in Bulgaria.
4. On 12 and 13 November 2021, the ad hoc committee (“PACE delegation”)
met with leaders and representatives of political parties and coalitions,
members of the ODIHR Election Assessment Mission, members of the
Central Election Commission and representatives of NGOs and the
media, before observing the ballot on 14 November. The programme
of the meetings is set out in Appendix 2.
5. On polling day, the PACE delegation split into 11 teams which
observed the vote in Sofia and its surroundings, as well as in the
regions of Batak, Blagoevgrad, Dubnitsa, Karlovo, Kustendil, Mezdra, Pazardzhik,
Pernik, Plovdiv, Pravets, Samokov, Slivnitsa and Velingrad. The
next day, the PACE delegation issued a press release (Appendix 3).
6. The PACE delegation concluded that the presidential and early
parliamentary elections held in Bulgaria on 14 November 2021 were
competitive and fundamental freedoms were respected. However, public
interest and trust in the electoral process is undermined by the
long-standing issue of vote-buying and also by the failure of the
political process to produce a government.
2 Political
background
7. The Parliamentary Assembly
has observed all parliamentary and presidential elections in Bulgaria
since 1990. Concerning the parliamentary elections held on 4 April 2021,
the PACE delegation, observing within the framework of an IEOM,
concluded that they were competitive and efficiently run despite
the difficult circumstances caused by the Covid-19 pandemic, and
fundamental freedoms were respected. However, the massive use of
State resources gave the ruling party a significant advantage. The
long-term international observers and many interlocutors informed
the PACE delegation about some long-standing problems, such as allegations
of vote-buying, ‘controlled’ voting, and voter intimidation, attempted
particularly among economically and socially vulnerable groups.
The PACE delegation said it expected the relevant Bulgarian authorities
to undertake proper investigations regarding such serious cases,
before the next nationwide elections, to restore confidence in the
democratic election process
8. Before 4 April 2021, the political landscape in Bulgaria was
dominated by two major political parties: Citizens for European
Development of Bulgaria (GERB) and Bulgarian Socialist Party (BSP),
alternating in government for the past 15 years. The 4 April elections
brought significant changes to political scene previously marked
by these two parties’ dominance, with new political parties – There
Is Such A People (ITN), and two new coalitions, Democratic Bulgaria
(DB) and Rise Up! Thugs Out! (ISMV), entering the parliament.
9. In the 4 April 2021 elections, six parties and coalitions
had passed the 4% threshold and entered the parliament: Citizens
for European Development of Bulgaria (GERB) – 75 seats (25.8%);
There are such a people (ITN) – 51 seats (17,4%); Bulgarian Socialist
Party (BSP) – 43 seats (14,79%); Movement for Rights and Freedoms
(MRF) – 30 seats (10,36%); Democratic Bulgaria coalition (DB) –
27 seats (9,31%); Coalition “Stand Up! Get out!” (ISMV) – 14 seats
(4,65%).
10. However, the parliament failed to form a new government. Therefore,
on 12 May the President of Bulgaria dissolved the National Assembly
and called early parliamentary elections on 11 July.
11. A PACE delegation observed the early parliamentary elections
on 11 July within the framework of an IEOM and concluded that they
were competitive and fundamental freedoms were generally respected.
The voting process in polling stations was well organised, but an
election is not to be assessed by election day alone. The recent
significant amendments, introduced very quickly and just a short
time before the elections, brought mandatory machine voting, without
carrying out a study on its use in the April 4 elections. While
the use of new technologies in electoral processes can be considered
as a positive development, nevertheless the PACE delegation is convinced
that new technologies alone cannot restore Bulgarians’ trust in
a truly democratic electoral process and cannot, on their own, exclude
cases of political corruption, scandals, and other long-standing
problems.
12. The result of the early parliamentary elections of 11 July
was that the same as April 2021 elections, six parties and coalitions
passed the 4% threshold: There are such a people (ITN) – 65 seats
(24,08%); Citizens for European Development of Bulgaria (GERB) –
63 seats (23.51%); Bulgarian Socialist Party (BSP) – 36 seats (13,39%);
Democratic Bulgaria coalition (DB) – 34 seats (12,64%); Movement
for Rights and Freedoms (MRF) – 29 seats (10,71%); Coalition Rise
Up! Get out!” (IMV) – 13 seats (5,01%). The turnout was of 42,19%.
13. Once again, the parliament failed to form a new government.
Therefore, on 14 September the President of Bulgaria dissolved it
and called early parliamentary elections on 14 November, which was
the scheduled day for the presidential election.
3 Legal framework
14. The PACE delegation recalls
that Bulgaria signed and ratified the European Convention on Human Rights
(ETS No. 5) and its Protocol (ETS No. 9), which enshrine a number
of principles crucial for an effective and meaningful democracy,
such as the right to free elections (Article 3 of the Protocol 1),
freedom of expression, freedom of assembly and association, as well
as the prohibition of discrimination (Articles 10, 11 and 14 of
the Convention).
15. The main piece of legislation governing both the parliamentary
and the presidential elections is the Election Code of 2014 which
has been amended many times since then.
16. In addition to the Constitution of Bulgaria and the Election
Code, other pieces of legislation are relevant for elections in
Bulgaria: Direct Citizen Participation in State and Local Government
Act; Political Parties Act; Local Self-government and Local Administration
Act; and Administrative Violations and Sanctions Act.
17. Four issues relating to the common framework for both elections
pose a legal problem:
- Since
2016 voting is compulsory but there is no sanction for persons who
do not vote.
- There is provision on the ballot for a voter to indicate
‘I do not support anyone’. Such votes count towards the turnout
but not in the final result.
- There are polling stations abroad. A previous cap of 35
Bulgarian polling stations per country was found by the Constitutional
Court to be unconstitutional and was removed, initially for other
EU States and since the April 2021 amendments, for all States.
- Machine voting is now the only method available in all
polling stations which have more than 300 voters. This change was
challenged before the Constitutional Court in 2021 without success.
18. Concerning the presidential election, the legal provisions
are in the Constitution and from the Election Code, Part 1, all
of Chapter 16 and parts of Chapter 15.
19. The president and the vice-president are elected jointly through
a nationwide majoritarian system for a five-year term. More than
half of registered voters should cast ballots for the election to
be valid. Any Bulgarian citizen entitled to vote is eligible to
be a candidate providing that he/she is at least 40 and has resided
in the country for the five years preceding the election.
20. The president and the vice-president are to be elected simultaneously
from national candidate lis ts registered by political parties and
coalitions or by nomination committees in the case of independent candidates.
They are to be elected on the same ticket, on the same conditions
and by the same procedure.
21. According to the “Methodology for determining the voting results
upon elections of the President and the Vice-President”, “the pair
of candidates, which has gained more than one-half of the valid
votes, […] if more than one-half of the voters have participated
in the voting, will be elected.” There has to be a second round
if no candidate list wins in the first round.
22. The president and the vice-president shall be eligible for
only one re-election to the same office.
23. Concerning the parliamentary elections, they are regulated
by Chapter Fifteen of the Election Code of Bulgaria.
24. The National Assembly of Bulgaria is a unicameral body composed
of 240 members. Members of parliament are elected through an open-list
proportional system from 31 multi-mandate constituencies. The electoral
threshold is 4% of valid votes at national level, while independent
candidates have to pass the electoral quota calculated on the basis
of the Hare-Niemeyer method. Voters can therefore express preferences
within a list. A candidate benefits from the preference vote if
the number of received votes is at least 7% of the votes cast for
the candidate list.
25. Every citizen above the age of 18, with the exception of those
placed under judicial interdiction or serving a prison sentence,
shall be free to elect State and local authorities and vote in referendums.
There is a Venice Commission recommendation that this restriction
on voting by prisoners should be limited to most serious crimes.
In 2016 the European Court of Human Rights decided that this blanket
restriction is disproportionate and in breach of Article 3 of the
Protocol to the Convention for the Protection of Human Rights and Fundamental
Freedoms (ETS No. 9).
26. Any citizen aged at least 21 can stand for elections to the
National Assembly, providing that he or she is not sentenced, whatever
the severity of the crime. Moreover, “a candidate for a National
Assembly seat holding a state post shall resign upon the registration
of his candidacy”. Moreover, there is a ban on citizens with dual nationality
from standing at Parliamentary elections. There is a Venice Commission
recommendation that this provision be removed.
27. There are no provisions related to gender equality in the
Election Code of Bulgaria.
4 Election administration,
voters lists, registration of parties and coalitions
28. The presidential and parliamentary
elections are administered by a three-level structure of electoral management
bodies: the Central Election Commission (CEC); 31 constituency (regional)
election commissions; and around 12 000 section (precinct) election
commissions.
29. According to the Article 46 of the Election Code as amended
in April 2021, the CEC consists of 15 members, including a chairman,
vice-chairmen and a secretary, nominated by the parties and coalitions proportionally
represented in parliament. The members shall be appointed by a decree
of the president of the republic after public consultations and
a procedure determined by the president, on the basis of a proposal
of the parties and coalitions represented in parliament.
30. The CEC appoints regional election commissions upon each election
of: national representatives: for each multi-member constituency;
members of the European Parliament for the Republic of Bulgaria
and president and vice-president of the Republic: for each district
according to the districting of the territory of Bulgaria for the
last elections of national representatives to the National Assembly.
31. The composition of a regional election commission shall consist
of a chairperson, a deputy chairperson, a secretary and members.
The representatives of any single party or coalition may not have
a majority in the regional election commission. The chairperson,
the deputy chairperson and the secretary may not be of one and the
same party or coalition. In constituencies of up to nine members
of parliament, the election commission will be composed of 13 members.
In constituencies with ten or more than ten members of parliament,
the election commission will be composed of 17 members.
32. The section election commission shall consist of a chairperson,
a deputy chairperson, a secretary and members. The representatives
of any single party or coalition may not have a majority in the
section election commission. The chairperson, the deputy chairperson
and the secretary may not be of one and the same party or coalition.
The number of members of section election commissions, including
a chairperson, a deputy chairperson and a secretary, shall be for
voting sections with up to 500 voters inclusive, up to seven members, but
not fewer than five; and for voting sections with more than 500 voters,
up to nine members, but not fewer than five.
33. The voters lists are compiled by the municipal administrations.
Each voter shall be entered on a single list and registered according
to his/her permanent address. A separate voters’ list shall be compiled
for each voting section.
34. If a voter is not registered on a voters list but is entitled
to vote, he or she will have to justify this right by presenting
to his/her section election commission a declaration in a standard
form to the effect that the said voter has not voted and will not
vote elsewhere.
35. Special voters lists are established for the purpose of voting
outside polling stations, namely in medical-treatment facilities,
specialised institutions, prisons and navigation vessels. There
are also specific voters’ lists established for voting abroad based
on applications filled in by Bulgarians living abroad and applying
to exercise the voting right through diplomatic and consular missions.
36. Students can vote in the place they are studying. On 28 January
2021, the Law on the Measures and Actions During the Emergency Situations
was amended to allow those in quarantine or hospitalised due to
the Covid-19 pandemic to request a mobile ballot or vote in special
polling stations.
37. The CEC is responsible for constituency delimitation. The
number of mandates in each constituency is based on the last census
but must comprise at least four mandates. The Venice Commission
and the ODIHR expressed concern that this minimum may affect the
equality of the suffrage.
38. The parties, coalitions and nomination committees shall rank
the candidates on candidate lists by multi-member constituency.
The candidates of the parties and coalitions shall be entered in
the register of candidate lists and shall be registered by the number
under which they are ranked on the candidate list. The coalitions shall
contest the elections on a single candidate list in each separate
multi-member constituency. The number of candidates on one candidate
list may not exceed the double number of seats in the multi-member constituency.
39. The CEC is responsible for registering candidates. In case
of registration denied by the CEC, the decision can be challenged
before the Supreme Administrative Court.
40. The candidates for president and vice-president may be proposed
for registration by a party, a coalition or a nomination committee.
Independent candidates shall be registered if their candidature
is supported by not fewer than 2 500 voters, and each voter may
participate in only one list.
41. 18 women were candidates in the presidential elections, 4
competing for president and 14 competing for vice-president. This
was comparable to the representation of women in parliament in 2017
and in April and July 2021 (57-55-59 seats).
42. The CEC held regular sessions, did broadcast the sessions
online, met deadlines and adopted most decisions on time. However,
there was lack of transparency in its activity, some sessions were
muted, protocol decisions were not published on time. Partisan composition
was blamed for slowing down the decision-making process.
43. 11 874 regular polling stations were organised, with machine
voting in 79% and with 19% voting with two machines. 751 polling
stations were organised abroad in 68 countries, out of which 208
with voting machines.
44. 6 708 189 voters were registered on the preliminary lists.
Allegedly mainly Roma were not able to vote due to lack of permanent
address and/or ID cards. 56 668 voters were registered abroad. Additional
registration on election day was possible.
45. The CEC registered 23 Presidential candidates and 27 coalitions
and parties. One party (Bulgarian Summer) was denied registration
due to the lack of a bank account.
46. The regional election commissions registered 5 067 individual
candidates (candidates are allowed to run in two constituencies)
and 2 independent candidates. The Stara Zagora DEC denied registration
to Democratic Bulgaria candidates’ list. The CEC upheld the decision
which was subsequently cancelled by the Administrative Court of
Stara Zagora.
5 Election campaign
environment, financing, and media coverage
47. The official election campaign
started 30 days before election day. The Election Code prescribes
that the election campaign is conducted in Bulgarian language only,
which is the State language of Bulgaria.
48. Funding of political parties, coalitions and candidates is
based on public funds as well as on the financial resources of the
party or of the coalition, on financial resources of the candidate(s)
and of contributions by natural persons.
49. Anonymous contributions, contributions by legal persons, contributions
from abroad (by natural persons as well as States, State-owned companies
and foreign non-profit organisations), and contributions from religious
institutions are banned.
50. By decision of 27 April 2021, the Constitutional Court has
declared unconstitutional all legal provisions that allow parties
to receive donations from companies. It is clear from its decision
that it is not funding by legal entities as such that contradicts
the Constitution, but the way in which it is currently regulated
by law, namely 1) the absence of donation ceilings and 2) the possibility
for direct or indirect financing of political parties by the State
and municipalities outside the budget funding defined in the law.
The Court also held that such budget funding must not only be an
option but is required by the Constitution: It is the constitutional
duty of the State to create conditions for a democratic political
life based on the principle of political pluralism. The decision
by the Constitutional Court had immediate effect.
51. The total amount of campaign funding for presidential elections
cannot exceed BGN 2 000 000 for a party, a coalition and a nomination
committee. The financial limit for campaign funding for parliamentary elections
are BGN 3 000 000 for a party or coalition and BGN 200 000 for a
nomination committee.
52. The National Audit Office has the authority to oversee political
party and campaign expenses.
53. Public service broadcasters are required to cover elections
in accordance with the principles of equitability and objectivity
and allocate free airtime to each contestant. The election coverage
by private broadcasters is largely unregulated.
54. Public funding is provided for media advertisement to the
parties, coalitions and nomination committees that have registered
a candidate.
55. The law stipulates that “it shall be prohibited to use the
coat of arms or the flag of the Republic of Bulgaria or of any foreign
State, as well as any religious signs or designs, in any campaign
materials.”
56. Another provision states that “it shall be prohibited to make
political insinuations in commercial advertising to the benefit
or to the detriment of any party, coalition or nomination committee
or candidate.”
57. The media legal framework generally provides for a sound frame
to protect the right to freedom of expression and freedom of the
media. Detailed rules in the Election Code provide for free airtime
and paid airtime on the public broadcasters.
58. On 12 and 13 October 2021, the CEC approved the Agreements
on the media coverage of the elections signed by the Bulgarian National
Television (BNT) and the Bulgarian National Radio (BNR) with parties’ representatives
and on 17 October it adopted the Rules for the election media coverage
of BNT and BNR.
59. The PACE delegation was told that, as result of the ‘equal
participation’ principle, all contestants were offered equal airtime
on BNT and BNR. However, they were not covering the election campaign
in their news bulletins, which raised the concern of some political
parties. Wide paid coverage marked the election campaign, though
less than previous elections.
60. While candidates enjoy direct access to the media, a lack
of genuine editorial coverage and journalistic mediation was noted
in past elections. The delegation learned that self-censorship was
still a practice, allegedly not to lose advertisements.
61. The campaign focused on topics such as the pandemic, energy
prices, inflation, corruption cases, healthcare, education, foreign
policy and vaccination. The general atmosphere was calm, and there
was only one reported case of violence. There was a lack of debate
among contestants.
6 Polling day
62. Since the amendments of April
2021, all votes in precincts with more than 300 voters were to be
cast by use of voting machines (11 936 in total). The amendments
allow casting paper ballots “as an exception” but does not define
any conditions when the exception can be invoked. The voting machines
work by a smartcard given to the voter by staff. The voter can change
his/her vote once. The voter puts an electronic receipt into a special
machine voting box and gives the smartcard back.
63. In the polling stations observed by the PACE delegation, members
of the polling station commissions were co-operative and the voting
was calm, transparent and well organised; however, some technical
problems with the functioning of the voting machines were observed
and some organisational shortcomings. In a number of polling stations
observed there was clearly confusion on the responsibility towards
operating the voting machines. Some people had difficulties in using
them, and the absence of a chair in front of the voting machines increased
the stress put on the elderly voters. The long time needed for some
voters led often to queuing. Moreover, the design of the process
on the screen led to some voters excluding themselves from one of
the two elections. Particularly difficult situations were observed
in polling stations in the Roma community, where the degree of illiteracy
is very high and a number of incidents occurred. In some polling
stations there were unauthorised persons present, one of them saying
he was “from the municipality”. The secrecy of voting was not always
made possible. No local observers were present in most of the polling
stations observed.
64. The fact that in those polling stations where failures of
the voting machines (59 in total) led to using “classic” paper ballots
could have allowed carousel voting.
65. The results of the early parliamentary elections of 14 November
2021 were as follows:
Party or coalition
|
votes
|
%
|
seats
|
We continue the change
|
673 170
|
25.67%
|
67
|
GERB
|
596 456
|
22.74%
|
59
|
Movement for rights and
freedoms (MRF)
|
341 000
|
13.00%
|
34
|
Bulgarian Socialist Party
(BSP)
|
267 817
|
10,21%
|
26
|
There are such a people
|
249 743
|
9.52%
|
25
|
Democratic Bulgaria
|
166 968
|
6.37%
|
16
|
Vuzrajdane (Revival)
|
127 568
|
4.86%
|
13
|
66. The turnout was of 40,23%.
67. The result of the first round of the presidential election
was as follows:
Candidates
|
votes
|
%
|
Rumen Radev – Iliana
Yotova
|
1 322 385
|
49.42%
|
Anastas Gerdjikov – Nevena
Miteva-Mateeva
|
610 862
|
22.83%
|
Mustafa Karadayi – Iskra
Mihaylova
|
309 681
|
11.57%
|
Kostadin Kostadinov –
Elena Guncheva
|
104 832
|
3.92%
|
Lozan Panov – Maria Kasimova
|
98 488
|
3.68%
|
68. The turnout was of 40,50%.
69. A second round of the presidential election took place on
21 November. The PACE delegation was not able to observe the second
round of the Presidential election. The results were as follows:
Candidates
|
votes
|
%
|
Rumen Radev – Iliana
Yotova
|
1 539
650
|
66.72%
|
Anastas Gerdjikov – Nevena
Miteva-Mateeva
|
733 791
|
31.80%
|
70. The turnout was of 34,84%.
7 Conclusions and recommendations
71. The PACE delegation concluded
that the presidential and early parliamentary elections held in
Bulgaria on 14 November 2021 were competitive and fundamental freedoms
were respected. However, public interest and trust in the electoral
process is undermined by the long-standing issue of vote-buying
and also by the failure of the political process to produce a government.
72. The delegation was aware of the challenges posed by the organisation
of a third poll in a single year, after the elections of 4 April
and 11 July, especially during a period when the Covid pandemic
continued to have a strong impact on Bulgarian society.
73. The delegation heard from its interlocutors about the persistence
of long-standing issues affecting electoral processes in Bulgaria
such as, for example, the widespread problem of vote control and
vote-buying (in particular in economically fragile communities such
as the Roma), together with the practical difficulties of effectively
combating this practice. The use of machine voting might have reduced
the opportunities for vote-buying. The PACE delegation understood
that the unusually extensive use of mobile box voting during the previous
elections, mostly in these communities, was considered by some as
a means to further facilitate vote control and buying. It found
such kind of practices as a matter of grave concern.
74. The PACE delegation welcomed the fact that the ministry of
the Interior, over the last few months, began a campaign of action
in this area. The existing legal provisions concerning vote-buying
should obviously be seen to be enforced. However, some interlocutors
of the delegation did question whether political interests were
behind this action.
75. The delegation was also informed about issues linked to the
machine-voting system which, according to some interlocutors, limit
the participation of voters who are not familiar with modern technologies.
It noted that the mysterious discovery of hundreds of such machines
on several government-owned premises, only days before election
day, together with the unconvincing explanations offered by the
authorities, raised serious questions about the possibility of electoral
fraud.
76. With regard to technical problems it observed, the PACE delegation
considers that there is a need for special trainings for the members
of the polling stations to better familiarise them with new technologies.
77. The fact that in those polling stations where failures of
the voting machines (59 in total) led to using “classic” paper ballots
could have allowed carousel voting.
78. The PACE delegation wishes to thank the Bulgarian authorities
for the support received in organising the election observation
mission and assures them that the Assembly and the Venice Commission
will continue to co-operate to bring further improvements to Bulgaria’s
electoral legislation and practices.
Appendix 1 – Composition of the ad hoc committee
Chairperson: Mr
Alfred HEER, Switzerland
Socialists, Democrats and Greens Group
(SOC)
- Mr Pierre-Alain FRIDEZ,
Switzerland
- Mr Pedro CEGONHO, Portugal
- Mr Yunus EMRE, Turkey
- Mr André VALLINI, France
- Ms Marina BERLINGHIERI, Italy
Group of the European People’s Party (EPP/CD)
- Mr. Viorel BADEA, Romania
- Mr Corneliu-Mugurel COZMANCIUC, Romania
- Mr Jacek PROTASIEWICZ, Poland
- Mr Francesco SCOMA, Italy
- Mr Raivo TAMM, Estonia
- Mr Vladimir VARDANYAN, Armenia
Alliance of Liberals and Democrats for
Europe (ALDE)
- Mr Fabien GOUTTEFARDE,
France
- Mr Alfred HEER, Switzerland / Suisse
- Mr Damien COTTIER, Switzerland
- Mr Jean-Pierre GRIN, Switzerland
- Mr Arminas LYDEKA, Lithuania
European Conservatives Group and Democratic
Alliance (EC/DA)
- Mr Alberto RIBOLLA,
Italy
- Mr Ulrich OEHME, Germany
Group of the Unified European Left (UEL)
Venice Commission
- Mr Richard BARRETT,
member
Secretariat
- Mr Bogdan TORCĂTORIU,
Administrator, Secretary of the ad hoc committee, Election Observation
and Interparliamentary Cooperation Division
- Ms Danièle GASTL, Assistant, Election Observation and
Interparliamentary Cooperation Division
- Mr Michael JANSSEN, Legal advisor, Venice Commission
Appendix 2 – Programme of the ad hoc committee
(12-15 November 2021)
Friday, 12 November 2021
15h00-16h00 Meeting of the delegation
- welcome remarks by Mr Alfred
Heer, Head of the delegation
- presentation on legal aspects by Mr Richard Barrett, member
of the Venice Commission
- briefing on practicalities by the Secretariat
- distribution of the observation forms
16h00-17h15 Presentation
by the ODIHR Election Assessment Mission
17h15-18h15 Exchange of views with representatives of NGOs
active in the field of election Observation:
- Institute for Public Environment Development: Ms Lilian
Nikoforova
- Institute for Social Integration: Ms Katya Koleva
- Centre for Liberal Strategies: Dr Daniel Smilov
- Lab on electoral systems and techniques: Dr Stoycho Stoychev
- Lab on electoral systems and techniques: Prof. Kjell Englbrekt
18h15-19h15 Exchange of views with representatives of the
media
- Newspaper Dnevnik – Mr
Petar Karaboev
Saturday, 13 November 2021
9h00-11h50 Consecutive meetings with leaders and
representatives of political parties and coalitions:
- 9h00-9h20: Citizens for European
Development of Bulgaria (GERB) – support to the Election initiative
committee of Prof. Anastas Gerdjkov: Mr Daniel Mitov, Ms Ekaterina
Zaharieva, Mr Georg Georgiev
- 9h25-9h45: Bulgarian Socialist Party (BSP) – support to
the Election initiative committee of Mr Rumen Radev: Mr Ivan Ivanov,
Mr Yavor Bozhankov
- 9h50-10h10: Coalition “We continue the change”- support
to the Election initiative committee of Mr Rumen Radev: Mr Assen
Vasilev, Mr Kiril Petkov
- (10h15-10h35: There is such a people – support to the
Election initiative committee of Mr Rumen Radev (no show))
- 10h40-11h00: Democratic Bulgaria coalition – support to
the Election initiative committee of Mr Lozan Panov: Ms Nadejda
Yordanova
- 11h05-11h25: Movement for Rights and Freedoms (MRF, whose
party leader, Mr Mustafa Karadayi, is a presidential candidate):
Mr Halil Letifov, Mr Yordan Tsonev
- 11h30-11h50: Coalition “Rise! We are coming!”- support
to the Election initiative committee of Mr Rumen Radev: Mr Dimitar
Delchev, Mr Danail Georgiev
12h00-12h45 Meeting with the Central Election Commission:
Ms Elka Stoyanova, Mr Dimitar Dimitrov, Mr Emil Voynov
12h45 Meeting with drivers and interpreters
Sunday, 14 November 2021
Election Day – observation in polling stations
Monday, 15 November 2021
10h00-11h30 Meeting of the delegation
- debriefing
- adoption of a statement
Appendix 3 – Statement by the ad hoc committee
Bulgaria: statement by the PACE delegation
observing the presidential and early parliamentary elections
15/11/2021
The presidential and early parliamentary elections held in
Bulgaria on 14 November were competitive and fundamental freedoms
were respected. However, public interest and trust in the electoral
process is undermined by the long-standing issue of vote-buying
and also by the failure of the political process to produce a government,
concluded a delegation from the Parliamentary Assembly of the Council
of Europe (PACE).
The 19-member delegation, led by Alfred Heer (Switzerland,
ALDE), met with leaders and representatives of political parties
and coalitions, members of the ODIHR Election Assessment Mission,
the Chairperson and members of the Central Election Commission,
and representatives of NGOs and the media, before observing the
ballot on 14 November.
The delegation was aware of the challenges posed by the organisation
of a third poll in a single year, after the elections of 4 April
and 11 July – which PACE also observed – especially during a period
when the Covid pandemic is having such a strong impact on Bulgarian
society.
It heard from its interlocutors about the persistence of long-standing
issues affecting electoral processes in Bulgaria such as, for example,
the widespread problem of vote control and vote-buying (in particular
in economically fragile communities such as the Roma), together
with the practical difficulties of effectively combating this practice.
The use of machine voting might have reduced the opportunities for
vote-buying. The delegation understood that the unusually extensive
use of mobile box voting during the recent elections, mostly in
these communities, was considered by some as a means to further
facilitate vote control and buying.
The PACE delegation welcomed the fact that the Ministry of
the Interior, over the last few months, began a campaign of action
in this area. The existing legal provisions concerning vote-buying
should obviously be seen to be enforced. However, some interlocutors
of the PACE delegation did question whether political interests were
behind this action.
The delegation was also informed about issues linked to the
machine-voting system which, according to some interlocutors, limit
the participation of voters who are not familiar with modern technologies.
It noted that the mysterious discovery of hundreds of such machines
on several government-owned premises, only days before election
day, together with the unconvincing explanations offered by the
authorities, raised serious questions about the possibility of electoral
fraud.
On election day, the PACE delegation split into 11 teams which
observed the vote in Sofia and its surroundings, as well as in the
regions of Batak, Blagoevgrad, Dubnitsa, Karlovo, Kustendil, Mezdra,
Pazardzhik, Pernik, Plovdiv, Pravets, Samokov, Slivnitsa and Velingrad.
In the polling stations observed, members of the polling station
commissions were co-operative and the voting was calm, transparent
and well organised; however, some technical problems with the functioning
of the voting machines were observed and some organisational shortcomings.
Some people had difficulties in using the voting machines. The design
of the process on the screen led to some voters excluding themselves
from one of the two elections.
The PACE delegation wishes to thank the Bulgarian authorities
for the support received in organising the mission and assures them
that PACE and the Venice Commission will continue to co-operate
to bring further improvements to Bulgaria’s electoral legislation
and practices.
A report on the observation of the 14 November elections will
be presented to the plenary session of the Parliamentary Assembly
of the Council of Europe, meeting in Strasbourg, in January 2022.