On April 5, a working group established by order No. 45 of the speaker of Parliament of March 7, submitted two draft amendments to the Law on Parliamentary Elections.
Headed by Chairman of the Standing Committee on State Structure N.Enkhbold, the working group consists of parliamentarians T.Dorjkhand, L.Munkhbaatar, S.Odontuya, D.Togtokhsuren and O.Tsogtgerel.
At the request of Chairman of the Democratic Party (DP) caucus in Parliament O.Tsogtgerel to submit a separate bill, they handed over two draft amendments to the law to Speaker of Parliament G.Zandanshatar.
50:50 MIXED ELECTORAL SYSTEM PROPOSED
Legislator N.Enkhbold presented the working group’s bill. He emphasized the need to create an electoral system that has a positive effect on the stability of state policies and operations, improve the legal basis for conducting a parliamentary election by a mixed majoritarian and proportional system, revise the relations connected with the election activities by ensuring the right of citizens to vote and be elected guaranteed by the Constitution in order to eliminate the negative political, social and economic consequences.
In accordance with the bill, 38 members of Parliament will be elected from constituencies established in accordance with the law. The remaining 38 members shall be selected from the list of candidates of parties and coalitions registered to participate in the elections. In other words, the bill envisages a mixed electoral system. It also provides detailed regulations on nominations, registration of candidates, publication of ballots, voting, counting, results and seat allocation. With the adoption of the draft amendment, citizens residing in foreign countries where Mongolian embassies, Permanent Missions of Mongolia to international organizations, Consulate General, Consulates, and Consular Missions are located will have the right to participate in elections and vote. Accordingly, the structure, powers and working procedures of the non-permanent election organizations, as well as the list of voters in foreign countries, collecting and counting of votes, are included in the draft law.
The bill sponsors noted that the bill will eliminate difficulties and legal uncertainty related to the activities of expressing, accepting and registering party participation in elections. It will also increase the transparency, and control of voter list creation and presentation, as well as the participation of government organizations and parties involved in elections, they believe.
On a day of polling, voters who are not able to vote in their respective khoroo, such as students and shift workers, will vote in advance based on the specific requirements to ensure their right to vote. Moreover, when nominating candidates by party or coalition list, they shall nominate candidates based on the order of the list with a 1:1 gender ratio. At least 30 percent of all candidates from parties and coalitions must be women, according to the working group.
They view that with the approval of the draft amendment to the law, the mixed electoral system and its legal framework will be improved, and in terms of the application and organization of the law, it will become clear and coherent, and the law will be coordinated.
DP SUGGESTS 48:28 MIXED SYSTEM
Chairman of the DP caucus in Parliament O.Tsogtgerel reported, “In accordance with the Law on Parliamentary Election, 20 percent of candidates must be women, but there is a practice where less than 20 percent of elected members are women. Therefore, there is a need to create an effective coordination scheme on gender quotas. Creating conditions for fair elections is just as important as choosing the right electoral system.”
The DP caucus reflected the following regulations in its bill:
• To legislate a mixed electoral system, electing 48 people from constituencies and 28 people from lists.
• 48 mandates will be allocated on the principle of constituencies. A candidate with the most votes will be elected, and if he or she gets less than 28 percent of the votes, a re-voting will be held.
• The principle of nomination remains.
• Concurrent candidacy for constituencies and lists is prohibited.
• At least 40 percent of all candidates nominated by parties and coalitions should be women.
• When nominating by party or coalition list, nominate based on the order of the list with a 1:1 gender ratio.
• The list should be open.
• To make election results of parties and coalitions nominated by the list.
• The head and members of the election committees must be certified public administration and service officials
• Citizens who voted in the elections must have the ink mark on their fingers
Relations related to parliamentary elections were first regulated by the Law on Parliamentary Elections approved in 1992, which laid the legal basis for elections. In accordance with Article 21 of the Constitution, the Law on Parliamentary Elections must be amended by June 20.
