Global Initiative to Enfranchise People with Disabilities: Kosovo - www.electionaccess.org
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Kosovo
Kosovo has an electoral law devoted to special needs and special circumstances voting. For detailed procedures regarding voter assistance, homebound voting and other issues, see the link at the bottom of this page.

General Right to Vote
Constitution
(2008)

  • Article 45 states, “1. Every citizen of the Republic of Kosovo who has reached the age of eighteen, even if on the day of elections, has the right to elect and be elected, unless this right is limited by a court decision. 2. The vote is personal, equal, free and secret.”

Specific Inclusion of People with Disabilities
Constitution
(2008)

  • Article 24, section 2 states, “No one shall be discriminated against on grounds of race, color, gender, language, religion, political or other opinion, national or social origin, relation to any community, property, economic and social condition, sexual orientation, birth, disability or other personal status.”

Electoral Law
On General Elections in the Republic of Kosovo
(2008)

  • Article 59, section 3, subsection c states, “[The Central Elections Commission (CEC) shall] establish appropriate procedures and undertake activities to ensure that all persons with disabilities are able to exercise their right to vote and participate fully in electoral processes in Kosovo...”
  • Article 99, section 1 states, “The CEC shall establish special needs voting rules for...a) homebound voters: eligible voters who cannot leave their home to vote in person at a regular PS due to physical, medical, or any other kind of disability; b) voters confined to an institution: eligible voters who are hospitalized, elderly people in specially designated homes for the elderly, persons of diminished mental capacity in institutions of health care, inmates in prisons and detainees in detention centers.”
  • Article 107, section 3 states, “When conducting the voter education campaign, CECS shall pay particular attention to target the rural, the disabled and the illiterate voters.”

Exclusion Based on Intellectual Disability
Electoral Law
On General Elections in the Republic of Kosovo
(2008)

  • Article 5, section 2, states, “No person may vote if he or she... c) has been declared mentally incompetent by a final court decision.“
  • Article 67, section 5 states, “No person may be appointed to serve as a member of a MEC, or may continue to serve once appointed, if he or she...(e) has been declared mentally incompetent by a final court decision.”
  • Article 75, section 3 states, “A person is not eligible to be appointed as a PSC member if s/he is:...e) has been declared mentally incompetent by a final court decision.“

Voter Assistance
Electoral Law
On General Elections in the Republic of Kosovo
(2008)

  • Article 83, section 6 states, “PSs [Polling Stations] shall be located in an accessible place to allow voters to form and stand in a queue and should, when possible, have level access so that disabled persons shall have unimpeded entry and exit. PSs shall have adequate lighting and protection from the elementary accidents.”
  • Article 89, section 5 states, “A voter who is disabled in such a way so as it is not able to mark or cast the ballot and/or illiterate may be assisted to vote by another person chosen by the voter if they so request assistance. Such person shall only assist one voter and shall not be a member of the PSC or an accredited observer.”



 
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