The head of state returned for a new discussion in the National Assembly provisions from the Law on Amendments to the Electoral Code adopted on February 5, 2026. Iliana Yotova disagrees with the changes that limit the number of sections to be disclosed in countries outside the European Union.
The President points out that wherever they are, the citizens of Bulgaria have all the rights and obligations under the Constitution and the state is obliged to ensure equality in the exercise of the right to vote. This was announced by the press center of the Presidency.
The Law Commission adopted the changes to the Electoral Code on second reading, limiting non-EU sections to 20
According to the adopted texts, an upper limit of 20 sections is introduced, which can be formed outside the territory of the diplomatic and consular representation, regardless of the number of submitted applications. “The thus adopted changes put at risk the principle of universality of the right to vote proclaimed in Article 10 of the Constitution”the president wrote in his reasons. She cited a decision of the Constitutional Court, according to which “the state is obliged to provide conditions for the free and unhindered exercise of the electoral right of every Bulgarian citizen […] The constitutional guarantee of the inalienability of the right to vote excludes the possibility […] to create by law obstacles of a procedural nature that make it difficult or impossible to exercise it”.
In his reasons, the head of state also states that the changes deliberately create barriers to the exercise of the right to vote by Bulgarian voters outside the European Union – the difficulties may be related to the remoteness of the polling station, the large number of citizens who expressed a desire to vote, and the number of those who can actually exercise this right within the election day. Thus, these Bulgarian citizens will be hindered or prevented from fulfilling the principle of compulsory voting, written in the Electoral Code, says Yotova.
Up to 20 sections in non-EU countries: How will Bulgarians vote abroad and what are their concerns
According to the head of state, the proposed changes also violate the principle of equality enshrined in the Constitution. The President points out that the different legal regime for creating polling stations presupposes a difference in the opportunities of Bulgarian citizens to exercise their right to vote and puts Bulgarians living outside the European Union in a less favorable position. “The Constitution of the Republic of Bulgaria does not provide for such unequal treatment of Bulgarian citizens living abroad”, recalls Yotova in his reasons.
“Instead of the electoral right of Bulgarian citizens being a way to include all of them in the political governance of the country, barriers are artificially and unjustifiably created to the exercise of their basic constitutional right”. she points out.
Prof. Mihail Konstantinov: Limiting the sections abroad is not a deprivation of the right to vote
In his reasons, the head of state also emphasizes the danger that changes to the Electoral Code will further shake public confidence in the integrity of the electoral process. “The changes are also in opposition to repeated statements by representatives of state institutions, politicians, non-governmental organizations, citizens striving for optimal efforts to increase voter turnout”, the president points out.
Here is the full text of the reasons:
GROUNDS FOR RETURN FOR A NEW DISCUSSION IN THE NATIONAL ASSEMBLY OF PROVISIONS OF THE ELECTION CODE AMENDMENT LAW PASSED BY THE 51ST NATIONAL ASSEMBLY OF
Dear People’s Representatives,
In the grounds of Decision No. 1 of 13.03.2025 of the Constitutional Court under the Code of Criminal Procedure No. 33/2024 and the annexed to it k.d. No. 34/2024, No. 35/2024, No. 36/2024 and No. 37/2024 (Official Gazette, SG No. 22/15.03.2025) contain a number of findings about problems in individual stages of the elections and during voting and reporting of the election results, which imply legislative intervention. For these reasons, I fundamentally share the need to carry out an analysis and evaluation of elections and, based on the conclusions, to take legislative measures to improve the electoral process. I also support the decision of the National Assembly to suspend the examination of the General Bill No. 51-553-37-7 of 15.01.2025 on amendments and additions to the Election Code (EC). In a short period before elections, no or only minimal and urgent amendments and additions should be made to the IC. However, I cannot support the changes made to § 2 and the related § 1 and § 3 of the Electoral Code Amendment Act (Electoral Code Amendment Act) passed on 5 February 2026, which create a limit on the number of sections to be disclosed in countries that are not members of the European Union (EU). I believe that the changes limit the subjective electoral right of Bulgarian citizens in violation of its established limits in Art. 10 and Art. 42, cf. Art. 6, para. 1-2 of the Constitution.
My reasons for this are as follows:
§ 3 of the ZI IC amends Art. 14 of the IC, which determines the conditions for the formation of polling stations outside the country. The current regime of formation of sections in diplomatic and consular representations, as well as outside them – for the territory of the EU member states, is preserved. For countries that are not members of the EU, the legal regime is changed, deleting the possibility of ex officio creation of sections in the places where at least one electoral section was formed in the elections held up to 5 years before the election day, in which no less than 100 voters voted in the elections for the National Assembly and for the President and Vice President of the Republic. The possibility, at the discretion of the heads of diplomatic and consular missions, to create sections based on the total number of submitted applications or the total number of those who voted in previous elections is removed, including when the number of submitted applications for a specific seat is less than 40. An upper limit of 20 sections is introduced, which can be formed outside the territory of the diplomatic and consular mission, regardless of the number of submitted applications.
The changes thus adopted put at risk the proclamations in Art. 10 of the Constitution principle of universality of the electoral right. In its practice, the Constitutional Court noted that the state is obliged to provide conditions for the free and unhindered exercise of the electoral right of every Bulgarian citizen […] The constitutional guarantee of the inalienability of the right to vote excludes the possibility […] to create by law obstacles of a procedural nature that make it difficult or impossible to exercise it (Decision No. 3 of 23.02.2017 pursuant to the Code of Criminal Procedure No. 11/2016, Promulgated, SG No. 20/07.03.2017).
It is obvious that the exercise of the right to vote abroad takes place under specific conditions, which are reflected as differences in the legal framework – different from the general regime for the formation of electoral divisions operate, different rules for the formation of electoral divisions in diplomatic and consular missions compared to their formation outside them, etc., resulting both from the specific conditions in foreign countries and from the significant financial, human and time resources that the state must commit to opening divisions at different points of the world.
At the same time, I believe that this special regime should be constitutionally permissible. When the legislator mechanically sets an upper limit of 20 sections in non-EU countries, regardless of the number of voting applications submitted, and when it is known in advance that in previous elections in some of these countries even more than 100 sections were formed and many more voters voted than could vote in 20 sections, the conclusion is inevitably forced that barriers are deliberately created to exercise the right to vote for Bulgarian voters residing in countries outside EU. In some cases, the difficulties would be related to the remoteness of the polling station where the citizen can vote; in other cases, the exercise of his right to vote may even be impeded due to the large number of citizens who have expressed a desire to vote and the number of citizens who can actually exercise this right within the duration of the election day. It is true that those living abroad have the opportunity to exercise their right to vote on the territory of our country, but there is a considerable Bulgarian diaspora residing in countries that are far from their homeland, and voters may be objectively prevented from taking a long journey. Thus, Bulgarian citizens living on the territory of non-EU countries will be hindered or prevented from fulfilling Art. 3, para. 1 of the IC, which introduces the principle of compulsory voting.
The proposed changes violate the proclaimed in Art. 6, para. 1 – 2 of the Constitution principle of equality. Bulgarian citizens living in EU member states and those residing in non-EU countries are treated unequally in terms of their right to participate in national elections. In EU member states, when 40 voting applications are submitted, a section is necessarily disclosed, and in certain cases also when the number of applications is smaller. A section is also revealed based on the number of voters in elections within the previous five years. For non-EU countries, sections will be opened at the proposal of the diplomatic and consular missions based on their judgment only in cases of at least 40 applications, with a limit on the number of sections introduced. They cannot be more than 20 sections, regardless of the number of submitted applications.
The different legal regime for the creation of polling stations presupposes a difference in the opportunities of Bulgarian citizens to exercise their right to vote and puts Bulgarians living outside the EU at a disadvantage. The Constitution of the Republic of Bulgaria does not provide for such unequal treatment of citizens living abroad. On the contrary, equality has been elevated to a fundamental constitutional principle and fundamental right. The Constitution mandates that similar cases be treated equally, and the same is a manifestation of both the principle of equality and that of the rule of law (Decision No. 12 of 2018 under Coll. No. 1 of 2018). Citizens of the Republic of Bulgaria, wherever they are, have all rights and obligations under the Constitution. The state is obliged to ensure this equality in the exercise of the right to vote.
All of us – representatives of state institutions, politicians, non-governmental organizations, citizens – have repeatedly stated our desire to make optimal efforts to increase voter turnout. High voter turnout is a guarantor of the legitimacy of the elected bodies. The adopted changes make it more difficult to exercise the right to vote for Bulgarian citizens residing in countries outside the EU, where there is traditionally a greater interest in participating in the elections. Thus conditions are created for Bulgarian citizens to be demotivated to participate and voter turnout to be additionally negatively influenced.
The right to vote is a basic democratic right. The rules by which it is exercised must be predictable, stable over time, as the principle of the rule of law requires. In this context, changing the rules for the formation of sections outside the country immediately before elections, undertaken without the presence of prior public discussion and without the presence of an in-depth parliamentary debate, significantly deviates from the standards of predictability, stability and security of the electoral legislation arising from the principle of the rule of law.
In its democratic transition, Bulgaria has consistently recognized the values derived from EU and Council of Europe law, which oblige the national legislature to regulate free and fair elections in which the maximum number of voters can participate. In contrast to these standards, the changes considered here limit the electoral right of Bulgarian citizens. Instead of being a way to include all Bulgarian citizens in the political governance of the country, barriers are artificially and unjustifiably created to the exercise of a basic constitutional right for some of them.
Last but not least, it should be noted that there is a real danger that the changes in the IC discussed here will further shake public confidence in the electoral process. I am convinced that the National Assembly does not aim for such a result, but the adoption of legislative changes hastily and immediately before early parliamentary elections creates an unreasonably high risk of its occurrence.
Dear People’s Representatives,
For the stated reasons, I exercise my right under Art. 101, para. 1 of the Constitution of the Republic of Bulgaria to return for a new discussion in the National Assembly § 1, § 2 and § 3 of the Law on Amendments to the Electoral Code, adopted by the National Assembly on February 5, 2026.
Editor: Stanimira Shikova
date:2026-02-11 13:47:00
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