
The Independent Observer initiative has urged Armenia's president not to sign the recently adopted amendments to the country's Electoral Code.
The initiative said the amendments disproportionately restrict voting rights and contradict the Constitution.
Independent Observer called on the president to refrain from signing the legislative package and instead refer it to the Constitutional Court for a review of its constitutionality.
It also urged members of the eighth convocation of the National Assembly to apply to the Constitutional Court to challenge the amendments' compliance with the Constitution.
The initiative further called for an extraordinary parliamentary session to repeal the amendments without delay and to organize broad public consultations with relevant institutions and stakeholders before introducing any future changes, in order to assess both the actual scope of the issue and proportionate solutions.
According to the statement, the amendments are expected to take effect during the upcoming local self-government elections, meaning they would have retroactive adverse consequences for voters participating in the municipal elections scheduled for autumn 2026. It argues that those voters could not reasonably have anticipated that being outside the country for work or other purposes might result in losing their voting rights.
"The ruling parliamentary faction adopted the amendments unanimously within 24 hours, without any prior public discussion, despite their apparent inconsistency with the Constitution, the opinions presented on the matter, and the conclusion of the National Assembly's Expert and Analytical Department.
Although international practice and case law of the European Court of Human Rights include instances where voting rights are restricted based on residence, those cases concern periods measured in decades rather than a timeframe shorter than a single electoral cycle.
...The current rules governing voter registration, including the requirement for valid identification documents and official registration, are measurable, predictable and reversible restrictions. A person can apply to the competent authority within the legally established timeframe and have their name restored to the voter list. However, the latest amendments to the Electoral Code introduce a restriction that, instead of affecting voter registration lists, directly limits the right to vote itself without any objective possibility of restoration.
Thus, both the substance of the amendments and their application contradict the current Constitution. Moreover, in parliamentary elections, these amendments impose less favorable conditions on voters than on candidates.
The amendments also conflict with other provisions of Armenia's Electoral Code. In particular, Article 62 allows electronic voting for military personnel serving abroad on long-term official assignments or studying overseas, yet the provision restricting voting rights does not list military personnel among its exceptions.
The adopted amendments also raise concerns under several provisions of Armenia's Constitution: Article 28 on equality before the law, which guarantees equal treatment of all citizens; Article 29 prohibiting discrimination, since the amendments primarily restrict the voting rights of citizens engaged in seasonal work abroad; Article 48 on voting and referendum rights, under which deprivation of voting rights is permitted only by an individual court ruling for persons declared legally incapacitated or serving sentences for intentional serious or particularly serious crimes; Article 73, which prohibits the retroactive application of laws that worsen a person's legal status; and Article 78 on the principle of proportionality, as neither the parliamentary debate nor any other justification demonstrated why the restriction is necessary or urgent," the statement said.
The National Assembly has adopted in the second and final reading amendments to the Electoral Code and the Law on Referendums. Under the new rules, only Armenian citizens who have been physically present in Armenia for at least 366 days during the 730 days preceding the vote will be eligible to participate in parliamentary and local self-government elections.