The law on the election of deputies, councilors and
Article 1 - The subject matter of the Law
This law regulates the elections of people's deputies in the National Assembly of the Republic of Serbia, deputies in the assemblies of autonomous provinces, and councilors in municipal and city councils (hereinafter referred to as deputies and councilors).
The Law also regulates the election of the President of the Republic.
Article 2 - Electoral principles
Elections are based on the following principles: universal voting rights, the equality of the right to vote, the right to vote directly, the confidentiality of voting, freedom of choice, political pluralism, the protection of minority rights, the periodicity of elections, control of the elections and protection of the right to vote.
Article 3 - Freedom of choice
Citizens elect deputies and councilors on the basis of a free, universal and equal right to vote. Citizens exercise their right to vote directly, through a secret ballot.
Nobody has the right, on any grounds, to force a citizen to vote or prevent a citizen from voting, to hold him/her accountable for voting, or to request that he/she state for whom he/she voted, or why he/she did not vote.
Article 4 Electoral rights
Citizens elect representative bodies, thus exercising the electoral right as the right to participate in public affairs.
Electoral rights are: the right to take part in elections, the right to protection of the right to vote and the right to electoral communication.
Article 5 - Deputies' and councilors' term of office
Deputies and councilors are elected for a four-year term of office.
ALTERNATIVE: Deputies and councilors are elected for a two-year term of office.
Deputies and councilors decide and vote freely and according to their own beliefs.
Article 6 - Procedures for the election of deputies and councilors
Deputies and councilors are elected in electoral units determined by this Law.
Deputies and councilors are elected on the basis of a list submitted by a political party (party electoral list), a coalition of political parties (coalition electoral list) and groups of citizens (citizens' group electoral list) - (hereinafter referred to as electoral list).
Article 7 - The principles of mandate distribution
The mandates of deputies and councilors are distributed among electoral lists proportionately to the number of votes won by respective lists.
Article 8 - Executive electoral organs
Executive electoral organs are electoral commissions and electoral committees.
Executive electoral organs carry out their work publicly.
Article 9 - The duration of election campaigns
On the day of calling an election, the opening date of the election campaign is determined; the campaign may not last less than 45 days. The campaign includes all public, political, promotional and charitable activities of those who participate in the elections.
The election campaign, together with electoral communication in its entirety, shall end 48 hours before the opening of the polling stations. The ban shall last until the closing of the polling stations.
Article 10 - The protection of electoral rights
Every voter and every participant in the electoral process may exercise the right to the protection of electoral rights.
Executive electoral organs, regular courts and the Constitutional Court of Serbia ensure the protection of electoral rights.
* Every voter and every participant in the election process may appeal to international institutions for the protection of human rights, provided that all the legal remedies available in accordance with national law have been exhausted.
(*This paragraph presupposes that the Constitution should be amended.)Article 11 - Financing the elections
The funds for the election of deputies are provided from the budget of the Republic Serbia or the budgets of autonomous provinces; the funds for the election of councilors are provided from the budgets of municipalities or cities.
No administrative charge is paid on actions, acts, petitions or any documents pertaining to carrying out elections and the termination of a deputy's term of office.
The total funds spent on an election campaign by the participants in the elections must be in accordance with the provisions regulating the financing of political parties.
Article 12 - Subjects of the right to vote
The subjects of the right to vote are the citizens of Serbia who are FRY nationals at the same time, who are eighteen years of age, have full civil capacity and reside on the territory of the electoral unit in which they realize their electoral rights or abroad.
Under the conditions determined by this law, foreign citizens are also the subjects of electoral rights. Foreign citizens have the right to elect councilors. Foreign citizens are eligible for this right if they meet the following conditions: that they are eighteen years of age, that they have full civil capacity, that they permanently reside in FRY, that they have resided in the electoral unit in which they realize their electoral right for at least five years continuously before the election in question.
ALTERNATIVE*: In the first paragraph, the word «citizens of Serbia» could be replaced by the notion of «Serbia nationals».
* If this provision were accepted, it would necessitate amendment of the Constitution of the Republic of Serbia.
Article 13 - Contents of electoral rights
According to the procedures determined by this Law, the electoral rights include the rights of citizens to be elected and to elect; to nominate candidates and to be nominated; to publicly put questions to candidates and receive answers to these questions; to receive timely, true and impartial information about the programs and activities of proponents of electoral lists and of the persons who are on these lists as well as of the election results; to exercise control over elections; to establish election results; to exercise their right to protection of the electoral right, and to use other rights determined by this Law.
Article 14 - The right to vote
The right to vote is the personal right of every voter to vote directly at a certain polling station.
Voting is carried out by a secret ballot.
A voter is under no obligation to use his/her right to vote.
Article 15 - The right to nominate candidates
The right to nominate candidates is the right of a voter to participate freely, as a member of a political party or a group of citizens and in accordance with their regulations, in the nomination of candidates for electoral lists of deputies or councilors.
Article 16 - The right to candidacy
The right to candidacy is the right of a voter to be a candidate on an electoral list for deputies or councilors, provided that, at the moment when the nomination is made, there are no obstacles to candidacy determined by this Law.
Article 17 - The right to exercise control over elections
The right to exercise control over elections is the right of a voter to have direct access to the registry of voters and the list of polling stations in its entirety; it includes the right to monitor the activities of executive electoral organs; the right to appeal to the organs authorized to decide on the protection of electoral rights and the right to resort to legal remedies for the protection of electoral rights.
Article 18 - The right to establish election results
The right to establish election results is the right of a voter, in accordance with this Law, to be a member of executive electoral organs and, in this capacity, to take part directly in the establishment of election results.
Article 19 - The right to electoral communication
The right to electoral communication is the right of citizens to disseminate, receive and seek information on the activities of participants in the election process, electoral and other state bodies, and on all the events relevant to the election.
Beginning with the day of calling an election, the right to electoral communication includes the right of citizens to be informed about the rights to which they are entitled as voters.
Article 20 - The right to protection of electoral rights
Every voter has the right to resort to legal remedies in order to protect the electoral rights determined in Articles 12 - 20 of this Law.
The right to protection can be exercised by the proponents of electoral lists and by members of executive electoral organs.
III THE ELECTION OF THE PRESIDENT OF THE REPUBLIC
Article 21 - Nominating a candidate
The candidate for the President of the Republic of Serbia is to be a person who has active and passive voting rights.
ALTERNATIVE *: A citizen of the Republic of Serbia who is at least 40 years old,* has full civil capacity and has resided on the territory of the Republic of Serbia for a minimum of 10 years may run or be nominated for the post of the President of the Republic. ALTERNATIVE: who has resided on the territory of the Republic of Serbia for a minimum of 5 years.
* If this provision were accepted, it would necessitate amendment of the Constitution of the Republic of Serbia.
A candidate for the post of the President of the Republic may be nominated by a political party, a coalition of political parties or a group of citizens.
The nomination of a candidate for the post of the President of the Republic must be supported by a minimum of 50,000 signatures of citizens possessing the right to vote.
The signatures supporting the nomination of a candidate for the post of the President of the Republic of Serbia must originate from a minimum of 50 municipalities in the Republic of Serbia, on the condition that there be a minimum of 500 signatories from each.
Article 22 - The election of the President of the Republic.
The President of the Republic of Serbia shall be the candidate who has won the majority of the votes, provided that a minimum of fifty per cent of the overall number of voters in the Republic of Serbia voted in the election.
If the requisite minimum of at least fifty per cent of the overall number of voters in the Republic of Serbia voted in the election and no candidate received the requisite majority, the election shall be repeated within 15 days of the previous one.
Two candidates who received the greatest number of votes, or more than two if they received an equal number of votes, shall participate in the second round of the election.
The candidate who receives the greatest number of votes in the second round of the election for the President of the Republic of Serbia, regardless of the number of voters who cast their votes, shall be elected President of the Republic.
Article 23 - Repeating an election
If, in the first round of an election, less than fifty per cent of the overall number of voters in the Republic of Serbia turns out to vote, the entire election procedure shall be repeated within 60 days of the day of the previous election regardless of the number of votes each candidate received.
Article 24 - Application in accordance with the law
The election of the President of the Republic of Serbia shall be conducted in accordance with this Law, unless otherwise specified by this Law.
Article 25 - The electoral unit
The election of deputies or councilors is carried out in electoral units.
The electoral unit comprises a part of the electorate - voters residing on the territory of the electoral unit.
A specified number of deputies or councilors is elected in every electoral unit.
This Law determines the territory of electoral units
Article 26 - Electoral units for the election of councilors of municipal and city councils
Councilors of municipal and city councils are elected in the municipality or city in question as a single electoral unit.
The number of councilors to be elected to a municipal or city council is regulated either by the statute of the municipality or the city in question; the minimum number of councilors is 20 and it cannot exceed 110.
The councilors of a city council are elected on the territory of the city as a single electoral unit.
The Statute of a city regulates the number of city councilors elected to the city council.
Article 27 - Electoral units for the election of deputies to the assemblies of autonomous provinces
Deputies of the assemblies of autonomous provinces are elected in autonomous provinces as single electoral units.
The number of deputies in the Assembly of an autonomous province is regulated by the Statute of the autonomous province; it can be no less than 80, nor greater than 120.
Article 28 - The electoral unit for the election of deputies to the National Assembly
The electoral unit for the election of deputies to the National Assembly comprises the entire territory of the Republic of Serbia.
Article 29 - Changes of electoral units
The borders of electoral units can be changed only in accordance with changes of the territorial organization of the Republic.
The borders of electoral units may not be changed during the period of six months prior to the day of calling an election.
V ELECTORAL DISTRICT AND POLLING STATIONS
Article 30 - The electoral district
One or several electoral districts are formed within every electoral unit.
An electoral district is made up of voters who reside in the part of the territory of the electoral unit where it is located.
An electoral district must have territorial integrity.
An electoral district is made up of 1,000 to 1,200 voters.
Under exceptional, legally justified circumstances, the authorized electoral commission may decide that a polling station should accommodate a number of voters greater than that, but not more then 20% of the maximum number of voters. The commission must justify its decision on this and provide reasons for having decided so.
In the case of mountainous regions, polling stations may accommodate fewer voters than indicated above, but no fewer than 100. Under exceptional circumstances, polling stations could accomodate 50 voters but only under the condition that the election commission must justfy its decision on this.
Article 31 - Decision on the establishment of a voting district
The number of voting districts in an electoral unit and their boundaries are determined by the electoral unit's electoral commission, upon the proposal of the body authorized to maintain the registry of voters.
The electoral commission of the electoral unit in question passes a decision on the establishment of an electoral district and determines the seat of every electoral district within 48 hours of closing the registry of voters. The decision is published in the "Official Gazette of the Republic of Serbia".
Article 32 - The polling station
At least one polling station is designated for each voting district.
A polling station is the room where the voting takes place.
A polling station is located in the seat of the electoral district.
When voters vote for electoral lists for more than one election on the same day, voting is organized at one and the same polling station.
Article 33 - The layout of a polling station
The room where a polling station is located must be sufficiently large to provide for:
Conditions for secure keeping of electoral documentation and technical equipment for carrying out the elections must be provided at the polling stations.
Twenty-four hours prior to the election, during the election and until the electoral committee has concluded its work, no other activities may take place at polling stations.
The following must be visibly displayed at polling stations:
During the voting, it is prohibited to exercise all forms of influence on the voters, both inside the building where the polling station is located and around it, within an area of at least 50 meters from the entrance.
Article 34 - Special electoral districts and special polling stations
Special electoral districts are:
Based on voter registries maintained by authorized organs, within 5 days of the completion of its list of voters, the electoral commission of the electoral unit prepares a special excerpt from the list of voters for:
Authorized electoral commissions pass decisions on special electoral districts and polling stations within 24 hours of having received a special extract from the list of voters. Their decisions are published in the "Official Gazette of the Republic of Serbia".
Article 35 - Registry of polling stations
A record of polling stations is maintained.
The joint record of polling stations is maintained on a permanent basis and it is regularly updated at least once a year, no later than December 15th.
Joint records of polling stations are maintained for the territory of the Republic, the territories of the autonomous provinces, the territory of the city of Belgrade, the territories of municipalities and towns.
The register of polling stations is maintained by the Office of Joint Voter List, established by the Republican Electoral Commission. Authorized municipal services forward the data gathered on the territory of every municipality to the Office of Joint Voter List, where the information is updated and entered in the joint record of polling stations.
The Head of the Office of Joint Voter List is responsible for the accuracy and updating of the records of polling stations.
The Ministry of Justice monitors the maintenance and updating of the records of polling stations.
Following the decision on calling an election, the records of polling stations must be updated.
Article 36 - The data entered in the records of polling stations.
The following data are entered in the records of polling stations: the municipality, the number of the polling station, the name of the polling station, the address of the polling station, the area the polling station belongs to (that of a village, hamlet, settlement, the addresses of voters who vote at that particular polling station).
Article 37 - The principle of the public nature of maintaining the polling station records
Every member of an electoral commission has the right of access to the records of polling stations in their entirety and to the official documents of the authorized organ on the basis of which data are entered in or erased from the polling station records, altered, supplemented or amended.
The records are made available on the premises of the authorized organ in charge of maintaining the official documentation.
The organ authorized to maintain the records of polling stations must forward immediately, following a personal request of a member of an electoral committee, the list of polling stations in electronic form.
If the organ authorized to maintain the records of polling stations fails to comply with the provisions of paragraph 3 of this Article, the member of an electoral commission in question has the right to appeal to the Ministry of Justice within three days of having submitted his/her request.
One day after the calling of an election, the organ authorized to maintain the records of polling stations shall publish the list of polling stations in the "Official Gazette of the Republic of Serbia". At the same time the organ shall inform the participants of the election process that they may have access to the records of polling stations and demand that alterations, additions and corrections be made in the list of polling stations, informing them of the deadline for doing so.
VI MAINTAINING RECORDS OF VOTERS
Article 38 - Voter register
Voter register is a public document in which records are kept of citizens who have the right to vote (hereinafter referred to as voter list).
Article 39 - The principles of maintaining voter lists
The voter list is kept ex officio.
The voter list is kept on a joint, permanent, chronological basis; it is regularly updated at least once a year, no later than December 15th.
The voter list is maintained for the territory of the Republic, the territories of the autonomous provinces, the territory of the city of Belgrade, and the territories of municipalities and towns.
The Office of Joint Voter List, established by the Republican Electoral Commission, maintains the voter list. Authorized municipal services forward the data gathered on the territory of every municipality to the Office of Joint Voter List, where the information is updated and entered in the joint voter list. The Head of the Office of Joint Voter List is responsible for the accuracy and regular updating of the voter list.
The Ministry of Justice supervises the maintaining and updating of the voter list.
Following the passing of a decision to call an election, the voter list must be updated.
Article 40 - Entry of voters into the voter list
All citizens having the right to vote, as well as those citizens who acquire the right to vote on election day, are entered in the voter list.
Citizens are entered in the voter list according to their residence.
Voters who are FRY nationals residing abroad are entered in the voter list according to their last place of residence before leaving the country.
Voters doing their national service or engaged in military maneuvers, voters employed in the institutions and units of the Yugoslav Army and cadets in military schools are entered in the voter list according to their last place of residence.
Voters who are in detention or are serving a sentence in penitentiary institutions are entered in the voter list according their last place of residence.
Article 41 - The data entered in the voter list
The following are entered in the voter list: the name and surname of the voter, the voter's personal citizen identification number or I. D. card number, his/her sex, date and place of birth, the address and residence of the voter, the polling station where he/she is to cast his/her vote and the polling stations where the voter in question voted prior to the coming into effect of this Law.
The data entered in the register are considered to be true. That the contrary is the case may be proved on the basis of evidence specified by the General Administrative Proceedings Act.
Article 42 - The ex officio principle of maintaining voter lists
Entry in the voter list and deletion from this list are done ex officio, based on the data from registers of births, marriages and deaths and from other official records, official documents, and direct verification.
The Ministry of Internal Affairs, registrars and courts are obliged to regularly submit data relevant for maintaining the voter list, at least once every three months ex officio, and under extraordinary circumstances, upon the request of the organ in charge of maintaining the voter list.
The organs that maintain official records on citizens are obliged to submit data which affect the correctness and up-to-date status of the voter list, within seven days of the day of making any changes, to the organ in charge of maintaining the voter list.
The Office of Joint Voter List preserves the documentation relevant to entry in or deletion from the voter list, and to all the changes in the voter list pertaining to voters, and is responsible for it.
Article 43 - The principle of the public character of maintaining the voter list
Voters have the right of access to the voter list and to obtaining excerpts from the voter list; the right to request that changes be made to the voter list and its excerpts, and the right to request being issued a certificate of the right to vote.
Every citizen has the right, based on personal citizen identification number, to obtain data from the joint voter list pertaining to him/her, including the number, name and address of the polling station where he/she is to cast his/her vote, through access to the public computer network or by telephone, from the authorized municipal office.
Every member of the electoral commission has the right to inspect the joint voter list in its entirety and the official documentation of the authorized organ on the basis of which entry in and deletion from the voter list, as well as changes, additions and corrections are made.
The inspection is carried out on the premises of the authorized organ keeping the official documentation.
Upon the request of a member of the electoral commission, the organ authorized to maintain the voter list must forward the list to him/her immediately in electronic form.
If the organ in charge of maintaining the voter list fails to comply with paragraph 5 of this Article, the member of the electoral commission in question has the right to lodge a complaint with the Ministry of Justice within three days.
One day after the calling of an election, the organ in charge of maintaining the voter list announces the voter list. At the same time, it informs citizens that they may inspect the voter list and its excerpts, request entry, deletion, changes, additions or corrections of the voter list, and informs them about the deadline for doing so. This is carried out through a public announcement or through the media.
Abuse of the data from the voter list is strictly forbidden and punishable by law (add the corresponding sanctions).
The joint voter list and the data contained in it are considered to be an official secret.
Article 44 - The procedure for maintaining the voter list
The voter list is maintained as the joint register of voters for the territory of the Republic of Serbia, the territories of autonomous provinces, the territory of the city of Belgrade and the territories of municipalities and towns.
The voter list is processed by computers, using a common data processing methodology. The methodology and the coordination of computer programs and the methodology are determined by a group of experts established by the Republican Electoral Commission. The processing methodology must be publicly presented, verified and published in the "Official Gazette of the Republic of Serbia".
The proponents of electoral lists have the right to request information on the methodology of voter list processing and receive an answer.
Article 45 - The procedure for entry, deletion or change of data in the voter list
The procedure for entry, deletion or change of data in the voter list is carried out in accordance with the provisions of the General Administrative Proceedings Act, unless otherwise specified by this Law.
The organ in charge of maintaining the voter list is obliged to enter data in the voter list within 48 hours of receiving a decision from the authorized organ or the request of an authorized person.
Should the organ in charge of maintaining the voter list refuse to perform entry in the voter list, it must, within the deadline specified in paragraph 2 of this Article, pass a decision on entry refusal. The decision on entry refusal is forwarded to the person who submitted the request within 24 hours of passing the decision.
The authorized person referred to in Article 36 of this Law can lodge a complaint against the decision to refuse entry with the Ministry of Justice within 2 days of having received such a decision.
Administrative proceedings against the decision of the Ministry of Justice may be initiated.
A voter or a participant in the election who claims that incorrect data have been entered in the voter list can, at any time, request from the organ in charge of maintaining the voter list that data in the voter list be corrected.
The organ in charge of maintaining the voter list is obliged to correct incorrect data within 48 hours of having received of the request.
Should the organ in charge of maintaining the voter list refuse to carry out a correction, it passes a decision refusing the request within the deadline specified in paragraph 6 of this Article.
Along with a request for entry, deletion, making amendments or corrections in a voter list, the submitter of the request presents the required evidence.
When the voter list is updated following the calling of an election, a request may be submitted no later than 15 days before election day.
Article 46 - Certificate of the right to vote
A certificate of the right to vote is issued upon the personal request of a voter, as well as ex officio for certain categories of voters.
Every voter has the right to request that he/she be issued a certificate of the right to vote by the organ in charge of maintaining the voter list.
The certificate of the right to vote is issued immediately, or within 24 hours of having received the request.
If the certificate is not issued within the deadline specified, the party in question has the right to lodge a complaint with the Ministry of Justice within 24 hours of the expiration of the above-mentioned deadline.
The organ in charge of maintaining voter lists ex officio, based on the records maintained by the authorized organs, issues a certificate of the right to vote to:
Voters referred to in items 2 and 3 of the previous paragraph cannot vote without a certificate of the right to vote.
Certificates of the right to vote for voters issued ex officio by the organ in charge of maintaining voter lists must be issued no later than 30 days before election day.
If the organ in charge of maintaining voter lists does not send certificates of the right to vote within the deadline specified in the previous paragraph, the voter the proponent of electoral list in question has the right to lodge a complaint with the Ministry of Justice within 24 hours.
Article 47 - Excerpts from the voter list and polling station voter records
The organ in charge of maintaining the voter list, immediately after the list has been closed, and no later than 5 days after its closing, draws up an excerpt from the voter list for every polling station.
The excerpt from the voter list contains: the ordinal number of the voter, his/her name and surname, personal citizen identification or I. D. card number, the voter's sex, the date and place of birth, the address, place of residence, entry number in the voter list, the name of the organ which made the entry, the date of entry, the designation of the polling station for which the excerpt was drawn up and the signature of the authorized person.
An excerpt of the voter list is drawn up in alphabetical order.
For voters referred to in Article 30, paragraph 2, who vote at special polling stations, the organ in charge of maintaining the voter list draws up special excerpts from the voter list.
Along with the excerpts from the list of voters, a record of voters is made for every polling station.
The organ in charge of maintaining the voter list makes a record of voters for every polling station in which, along with the data referred to in paragraph 2 of this Article, space is provided for voters to sign upon receiving ballot papers.
Article 48 - The closing of the voter list
The list of voters is closed 30 days before the voting.
After the closing of the voter list no changes are allowed, except those based upon a court ruling, no later than 24 hours before election day.
Article 49 - Announcing the total number of voters
Following the closing of the voter list, and within a 48-hour deadline, the municipal organ in charge of maintaining the voter list decides on the total number of voters registered in the voter list and submits the data regarding the number of voters in the municipality to the authorized electoral commission. At the same time, it submits certified excerpts from the list of voters and records of voters for every polling station in the municipality to the electoral commission.
The electoral commission, based on data on the total number of voters in the respective municipalities within the electoral unit, decides on the total number of voters on the territory of the electoral unit.
The electoral commission submits the decision on the total number of voters in the electoral unit to the Republican Electoral Commission no later than 48 hours following the receipt of the decisions of authorized municipal organs in charge of maintaining the voter list.
The Republican Electoral Commission, within 24 hours of the receipt of decisions of electoral commissions, issues its decision regarding the total number of voters in the Republic.
The Republican Electoral Commission publishes the total number voters in the Republic of Serbia in the "Official Gazette of Serbia".
The electoral commission of an autonomous province for the election of deputies to the assembly of the autonomous province in question publishes the total number of voters in the autonomous province within 24 hours of the receipt of the decision referred to in paragraph 1 of this Article. The number of voters is published in the Official Gazette of the autonomous province in question.
The electoral commission for the election of councilors to a city or municipality council publishes the total number of voters in the respective city or municipality within 24 hours of the receipt of the decision referred to in paragraph 1 of this Article. The number of voters is published in the official gazette of the municipality or city in question.
The electoral commission for the election of councilors to the Belgrade City Council publishes the total number of voters within 24 hours of the receipt of the decision referred to in paragraph 1 of this Article. The number of voters is published in the official gazette of the city of Belgrade.
Article 50 - Supervision of the maintenance of the voter list
The Ministry of Justice supervises the application of electoral rules regulating the maintenance of the voter list.
When the Ministry of Justice establishes that the voter list is not maintained in accordance with the law, it will instruct the organ in charge to rectify the established irregularities within 48 hours.
VII EXECUTIVE ELECTORAL ORGANS
Article 51 - Application of the General Administrative Proceedings Act
The General Administrative Proceedings Act applies to the electoral procedure and the work of executive electoral organs, unless otherwise determined by this Law.
Article 52 - Types and positions of executive electoral organs
Executive electoral organs are electoral commissions and electoral committees.
Executive electoral organs are independent and autonomous, and their work is based on the Constitution, the law and regulations passed on the basis of the law.
Executive electoral organs are accountable for their work to the organ which appointed them.
All the organs and organizations of the state are obliged to help the executive electoral organs and to provide them with the data they require for their work.
Members of executive electoral organs, as well as the employees of organs and organizations referred to in paragraph 4 of this Article, are obliged to carry out conscientiously and impartially the duties and tasks originating from the electoral procedure, regardless of their party affiliation.
Members of executive electoral organs and their deputies are obliged to undergo training for work in executive electoral organs.
Article 53 - Members of executive electoral organs and their deputies
Executive electoral organs consist of appointed members and authorized proxies.
Executive electoral organs work in a permanent line-up (appointed members) and extended line-up (authorized proxies).
Members of the electoral commission are appointed by the assembly to which deputies or councilors are elected, and members of the electoral committees are appointed by the municipal electoral commission.
The proponents of certified and published electoral lists have, in accordance with this Law, the right to appoint proxies in executive electoral organs.
Two or more proponents of an electoral list can appoint a mutual proxy to the executive electoral organ.
Appointed members and authorized proxies within executive electoral organs have equal rights and duties within these bodies.
Members of executive electoral organs have their deputies, to whom all provisions of this Law regarding the election, rights and duties of the executive electoral organs' members apply.
The composition of executive electoral organs is published in relevant official gazettes.
Article 54 - The secretary of the electoral commission
An electoral commission has a secretary.
The secretary is appointed by the appropriate assembly, from the ranks of law graduates working as legal advisers to the assembly.
The secretary takes part in the activities of the electoral commission without the right to make decisions.
Article 55 - Appointment of executive electoral organs
Members of executive electoral organs are appointed for a four-year period. One and the same person cannot be a member of same electoral commission for two successive terms of office. Every second year half the members of an electoral commission are appointed. The same person can be elected president of the same electoral commission only once.
Members of electoral committees are appointed for every election of deputies or councilors. The term of office of members of electoral committees lasts from the moment when they are appointed to the establishment of the assembly for which the deputies or councilors are elected.
Article 56 - Conditions for appointing executive electoral organs
Every voter can be a member of an executive electoral organ. The same person can be a member of only one electoral commission or electoral committee.
A member of an electoral commission must be a graduate of law.
A regular court judge working in a department dealing with administrative proceedings, or Supreme Court judge may not be a member of executive electoral organs.
Members of executive electoral organs and their deputies cannot be persons who are directly related to each other, regardless of the degree of kinship; persons who are related collaterally, to the third degree of kinship; persons who are related by marriage, to the second degree of kinship. Nor can they be spouses and persons who are related as adoptive parent and adopted child, or as guardian and protégé.
Members of executive electoral organs cannot be candidates for deputies or councilors; nor can they be deputies or councilors in an assembly for which the executive electoral organ in question carries out the elections.
Persons referred to in paragraph 5 of this Article cease to be members of an executive electoral organ the moment they accept the candidacy for deputies or councilors.
Article 57 - Authorized representatives of the proponents of electoral lists
The electoral commission, within 24 hours of the publication of an electoral list, decides which proponent fulfills the conditions for appointing his/her representatives in the extended line-up of the electoral commission.
The decision is forwarded to the proponent of the electoral list within 24 hours of having been passed.
The proponent of the electoral list will choose an authorized representative and his/her deputy for the extended line-up of the electoral commission and notify the commission of the decision. The electoral commission, within 24 hours of receiving the notification, decides which persons shall become its members with full rights.
The authorized representatives of electoral list proponents take part in the activities of the commission and have the right to decide from the moment the electoral commission decides that they have become its members, and no later than 15 days before election day.
Article 58 - The modus operandi of executive electoral organs
The modus operandi of executive electoral organs is determined by this Law, and also by the Rules of Procedure passed by the Republican Electoral Commission.
The rules regulating the work of electoral committees are determined in the Annex to this Law, forming an integral part of it.
A session of the electoral commission is convened by the president of the commission. If the president, or his deputy, fails to do so within the deadline determined by law, any other member of the commission may convene the session.
Executive electoral organs decide by a majority vote of their members. If a split decision occurs, the vote of the president of the executive electoral organ is decisive.
The work of executive electoral organs is public.
When an executive electoral organ decides on objections and complaints, those who submitted objections or complaints are invited to attend the meeting.
A candidate from a certified and published electoral list may not be present during a session of executive electoral organs.
Persons who are accredited to monitor the work of executive electoral organs have the right to attend their sessions.
Article 59 - Calling an election
The President of the National Assembly decides on calling the elections for deputies and councilors. Regular elections must be held no later than 30 days before the expiration of deputies' or councilors' terms of office.
Election day is determined by the decision on calling the election. A minimum of 60 days, and no more than 90 days may pass between the calling of elections and the day on which they are held.
Election day for supplementary elections is determined by the decision on calling these elections. A minimum of 60 days and no more than 90 days may pass between the calling of supplementary elections and the day on which they are held.
Election day must be a Sunday.
Article 60 - Electoral commissions
Electoral commissions of the first instance are municipal electoral commissions.
Electoral commissions of the second instance are:
Article 61 - Appointing members and the composition of electoral commissions
The Republican Electoral Commission, in its permanent line-up, consists of a president and five members appointed by the National Assembly, chosen from the ranks of eminent lawyers, based upon recommendations of groups of deputies. One authorized representative of a proponent of an electoral list who, either independently or in a coalition, proposed at least two-thirds of candidates for deputies from among the total number of deputies elected to the National Assembly, is also appointed to the extended line-up of the Republican Electoral Commission, as well as not more than two representatives of other proponents of electoral lists. A representative of the republican agency authorized for statistical data processing also takes part in the work of the Republican Electoral Commission, with no right to vote.
A provincial electoral commission, in its permanent line-up, consists of a president and five members appointed by the Assembly of the autonomous province, chosen from the ranks of eminent lawyers, based upon recommendations of groups of deputies. One authorized representative of a proponent of an electoral list who, either independently or in a coalition, proposed at least two-thirds of candidates for deputies from among the total number of deputies elected to the Assembly of the autonomous province, is also appointed to the extended line-up of the Provincial Electoral Commission, as well as not more than two representatives of other proponents of electoral lists. A representative of the provincial agency authorized for statistical data processing also takes part in the work of the Provincial Electoral Commission, with no right to vote.
A municipal electoral commission, in its permanent line-up, consists of a president and five members appointed by the provincial assembly, based upon recommendations of groups of councilors. One authorized representative of the proponent of an electoral list who, either independently or in a coalition, proposed at least two-thirds of candidates, is also appointed to the extended line-up of the municipal electoral commission. A representative of the agency authorized for statistical data processing also takes part in the work of the municipal electoral commission, with no right to vote.
When a municipal electoral commission acts as an organ of first instance for the election of people's deputies and councilors, representatives of political parties present in the extended line-up of the corresponding electoral commission are appointed to its extended line-up.
Article 62 - The jurisdiction of the Republican Electoral Commission
The Republican Electoral Commission:
- monitors the realization of the Law on elections, submits recommendations to the National Assembly for changes in electoral regulations and initiates proposals for changing the law on elections;
- establishes the Office of Joint voter list, in charge of maintaining the joint voter list and the joint list of polling stations;
- monitors the maintenance of voter lists and sees to it that they are updated, controlling the up-to-date status at least once a year;
- defines the voter training program and sees to its realization;
- defines the training program for persons involved in the execution of the elections and sees to its realization;
- provides information to voters and participants in the election process;
- adopts rules of procedures regulating its work;
- sees to the lawful execution of the elections and is accountable for it to the National Assembly of the Republic of Serbia;
- coordinates the work of municipal electoral commissions in the procedure of electing people's deputies and the President of the Republic, providing guidelines for carrying out the electoral procedures;
- determines electoral districts;
- determines the seats of electoral districts and announces polling stations for the election of people's deputies;
- determines the content and the form of electoral materials and monitors their printing;
- establishes whether the electoral lists have been drawn up in accordance with the Law;
- passes the decision on the announcement of electoral lists for people's deputies;
- passes the decision on announcing the joint electoral list;
- passes the decision on announcing the candidates for the President of the Republic;
- publicly announces the total number of voters registered in the list of voters and the number of voters at respective polling stations;
- decides on the preliminary results of elections for people's deputies;
- decides on the final results of elections for people's deputies;
- publishes the overall results of elections for people's deputies, as well as the results at every individual polling station, in the "Official Gazette of the Republic of Serbia";
- acts as an organ of the second instance and decides on objections to decisions and acts passed by municipal electoral commissions;
- submits a report to the National Assembly on the results of elections for people's deputies;
- issues certificates to elected people's deputies within 24 hours of the public proclamation of final election results;
- submits the data on the election of people's deputies to the organs in charge of collecting and processing statistical data;
- determines electoral documentation which executive electoral organs are obliged to submit to the Commission;
- decides on entrusting municipal electoral commissions with certain duties and tasks in the election of people's deputies and the President of the Republic;
- takes over and exercises complete jurisdiction of a municipal electoral commission if it fails to exercise its jurisdiction in the election of people's deputies and the President of the Republic in accordance with this Law;
- performs other duties and tasks defined by this Law.
Article 63 - The jurisdiction of provincial electoral commissions
The Provincial electoral commission:
- monitors the realization of the Law on elections, sees to it that the election of deputies to the assembly of the autonomous province is executed in a lawful manner and is accountable to the assembly for this;
- submits reports on the execution of elections for deputies in the assembly of the autonomous province to the provincial electoral commission;
- sees to it that the voter list is updated and controls its up-to-date status in the autonomous province at least once a year;
- organizes and carries out the voter education program;
- organizes and carries out the educational program for persons participating in the execution of elections;
- provides information on the elections for deputies in the Assembly of the autonomous province to voters and participants in the election process;
- coordinates and monitors the work of municipal electoral commissions in the execution of elections of deputies to the AP assembly;
- adopts rules of procedure regulating its work;
- organizes technical preparations for the execution of elections;
- determines electoral districts;
- determines the seats and announces polling stations;
- determines the content and form of electoral materials and monitors their printing;
- determines the number of ballot papers for polling stations, certifies them and, together with a certified excerpt from the voter list, hands them over to the electoral committees, making official note of this in the records;
- determines whether the electoral lists have been drawn up and submitted in accordance with this Law;
- passes the decision on the publication of the electoral list for the election of deputies to the Assembly of the autonomous province;
- passes the decision on the announcement of the joint electoral list;
- decides on the results of the elections for deputies in the Assembly of the autonomous province, the number of votes for every electoral list and the number of mandates that goes to every electoral list;
- publishes the overall results of the elections for deputies in the Assembly of the autonomous province, categorized by municipalities and polling stations, in the official gazette of the province;
- issues a certificate to an elected deputy, no later than 24 hours after the election results have been publicly announced;
- submits a report on the election results to the Assembly of the autonomous province;
- forwards the data to the agencies in charge of collecting and processing statistical data;
- decides on objections to decisions and acts of municipal electoral commissions;
- decides on entrusting municipal electoral commissions with certain tasks in the process of electing deputies to AP assemblies;
- takes over and exercises the jurisdiction of a municipal electoral commission if it fails to exercise its jurisdiction regarding the election of people's deputies;
- determines the electoral documentation that executive electoral organs are obliged to submit to it;
- performs other duties and tasks determined by this Law.
If this provision were accepted, it would necessitate amendment of the Constitution of the Republic of Serbia.
Article 64 - The jurisdiction of municipal electoral commissions
The municipal electoral commission:
- monitors the enforcement of the Law on elections and sees to the lawful execution of the elections in the municipality and is accountable for its work to the municipal assembly;
- submits a report on election results to the municipal assembly;
- sees to it that the voter list is updated and controls its up-to-date status in the municipality at least once a year;
- organizes and carries out the voter training program;
- organizes and carries out the training program for persons participating in the execution of elections;
- provides information to voters and participants in the election process on the election of deputies to the municipal assembly;
- adopts rules of procedure regulating its work.
- organizes technical preparations for holding the elections for deputies, the President of the Republic and councilors;
- determines the content and form of electoral materials and monitors their printing;
- determines electoral districts;
- determines seats and proclaims polling stations for the election of councilors;
- establishes electoral committees and appoints presidents and members of electoral committees;
- determines the number of ballot papers for polling stations in the municipality, certifies them and, together with a certified excerpt from the voter list, hands them over to the electoral committees, making official note of this in the records;
- determines whether the electoral lists have been drawn up and submitted in accordance with the Law;
- passes the decision on the publication of an electoral list;
- passes the decision on the publication of the joint electoral list;
- decides on the election results in the municipality, and the number of votes for every electoral list, as well as the number of mandates that goes to every electoral list;
- issues certificates to elected councilors;
- publicly announces the election results for councilors, both the overall results and by individual polling stations;
- decides on objections to decisions and acts of electoral committees;
- forwards the data to the agencies in charge of collecting and processing statistical data;
- performs other duties and tasks determined by this Law.
When a municipal electoral commission performs duties and tasks in connection with the election of people's deputies for the National Assembly, the President of the Republic, the deputies for provincial assemblies and city and municipal assembly councilors, the jurisdiction of the commission includes:
- seeing to the lawful execution of elections in the municipality; for its work, it is accountable to the authorized electoral commission;
- organizing technical preparations for the execution of elections for people's deputies;
- establishing electoral committees and appointing the presidents and members of electoral committees;
- providing for the distribution, handing over and safekeeping of electoral materials;
- determining the number of ballot papers for polling stations in the municipality, certifying them and, together with a certified excerpt from the voter list, handing them over to the electoral committees, making official note of this in the records;
- deciding on the election results in the municipality, as well as the number of votes for every electoral list, and submitting them to the authorized electoral commission;
- deciding on objections to decisions and acts of electoral committees;
- performing other duties and tasks, based upon authorization of the authorized electoral committee;
Article 65 - Electoral commissions of cities and towns
The provisions of this Law pertaining to municipal electoral commissions are applied accordingly to the election, composition, jurisdiction and modus operandi of electoral commissions of cities and towns.
Article 66 - Electoral commissions and their legal documents
Electoral commissions pass legal documents in the form of decisions and conclusions.
Conclusions are documents issued by electoral commissions with a view to managing the election procedure.
Decisions are documents issued by electoral commissions with a view to determining the rights of participants in the electoral procedure and the facts relevant for establishing election results.
A decision specifically consists of the following: introduction, dispositive clause (stating the actual decision), justification and advice on legal remedies.
The introduction contains the following information: the line-up of the electoral commission, a list of those members of the electoral commission who are present and of other participants in the electoral procedure and other persons authorized to attend and monitor the activities of electoral commissions, the reason for making the decision, and the place and date when it was made.
The dispositive clause contains the actual decision on the rights of candidates or the facts relevant to determining the results established by the commission.
The justification consists of a concise statement concerning the reasons for making that particular decision, the factual findings of the commission, the commission's evaluation of the evidence, and indication of legal provisions applied by the commission.
Decisions of the executive electoral organs are forwarded to the participants in the electoral procedure no later than 24 hours after they have been passed.
Unless otherwise determined by this Law, the participants whose rights are being decided upon can, no later than 24 hours after the decision has been forwarded, lodge a complaint with a second instance body against decisions passed by executive electoral organs.
Administrative proceedings may be initiated against the decision of a second instance body within 24 hours of its having been forwarded.
Article 67 - Conditions for the work of electoral commissions
Conditions for the work of the electoral commission are provided by the municipality on whose territory the seat of the electoral unit is located.
Electoral commissions have an administrative-technical service which works continuously from the day the election is called until the establishment of assemblies.
Article 68 - Electoral committees - appointment and composition
The permanent line-up of an electoral committee consists of a president and at least two members. In the extended line-up, there is one representative for each proponent of electoral lists who has nominated at least two-thirds of candidates for deputies or councilors from among the total number of deputies and councilors elected in the electoral unit, and not more than two mutual representatives of other proponents of electoral lists in this particular electoral unit.
The president and members of the electoral committee have substitutes.
The president of the electoral committee and his/her substitute are appointed by the electoral commission, no later than three days after the deadline for the confirmation of electoral lists. The president of the electoral committee and his substitute are chosen from among voters who exercise the right to vote on the territory of the electoral unit or municipality.
Members of the electoral committee and their substitutes are appointed by candidate nominators from the ranks of voters who exercise their right to vote on the territory of the assembly whose members are being elected. The proponent of an electoral list has the right to appoint one member of the electoral committee who can have not more than three substitutes. Proponents of electoral lists may reach an agreement to appoint a mutual representative in the electoral committee.
Article 69 - Appointment of authorized representatives to the electoral committee
The electoral commission, within 24 hours of the publication of the electoral list, determines which proponent of an electoral list meets the conditions for appointing a representative to the extended line-up of the electoral committee.
The electoral commission forwards the decision on whether the conditions for the appointment of representatives of the electoral list proponents have been fulfilled to the proponents of electoral lists, no later than 24 hours after the decision has been passed.
A proponent of an electoral list will appoint a representative to the extended line-up of the electoral committee and notify the electoral commission of this. The electoral commission, no later than 24 hours after the notification has been handed in, decides on a list of persons who are to join the extended line-up of the electoral committee.
The president of the electoral committee is obliged, within 24 hours of receipt of the notification referred to in paragraph 2 of this Article, to issue certificates to all members of the electoral committee and their substitutes. If he/she fails to do this, notification slip, together with confirmation of acceptance, replaces the certificate of a member of the electoral committee or his/her substitute.
Authorized representatives participate in the activities of the committee and have the right to make decisions from the day when the electoral commission, by its decision, states that they have become members of the electoral committee, and no later than 15 days before the elections.
Article 70 - Jurisdiction of the electoral committee
The electoral committee directly manages voting at a polling station, is responsible for its regularity, provides for voting confidentiality, determines the voting results at the polling station, and performs other duties and tasks determined by this Law.
The electoral committee sees to it that order at the polling station is maintained.
Article 71 - The modus operandi of electoral committees
Provisions of Article 58 of this Law apply accordingly to the activities of the electoral committees.
Both a member of the electoral committee and his/her substitute can participate in the activities of the electoral committee, but only one of them can be present at the polling station and only one of them has the right to vote.
Conditions for the work of the electoral committee are provided by the municipality on whose territory the seat of the electoral committee is located.
Provisions of Article 66 of this Law apply accordingly to decisions and legal acts of the electoral committee.
Article 72 - Relations between the electoral committee and the electoral commission
The electoral committee is accountable for its activities to the electoral commission.
The electoral commission can, through its conclusion, authorize one of its members or substitutes to, exercise control of a polling station during the voting on behalf of the electoral commission.
If a member of the electoral commission establishes irregularities at the polling station, he is obliged to notify the electoral committee and instruct it to dispose of them. Should the electoral committee fail to comply with these instructions, a member of the electoral commission immediately notifies the electoral commission. The electoral commission draws up an official note of the control exercised and the instructions issued by the member of the electoral commission.
Article 73 - Communication and citizens' rights
Citizens have the right to timely, truthful and impartial information provided by the media on all the activities of the participants in the electoral procedure and events relevant to the elections.
Article 74 - The rights of participants in the electoral procedure
Participants in the electoral procedure have the right to have equal access to the media and to timely, truthful and impartial information about their activities.
The use of assets (funds, technical equipment etc.) of state organs, public enterprises, public institutions and funds, except in cases determined by the Law, is not allowed.
Article 75 - Obligations of electoral and other state organs
Electoral and other state organs are obliged to provide all the media with equal access to information relevant to the elections.
Article 76 - Obligations of the media
The media are obliged to honor professional standards in the electoral communication and, in the spirit of tolerance, to ensure that every participant in the electoral procedure has a fair treatment in all their programs or columns.
The media may not allow the participants in the electoral procedure to present programs or candidates in programs and columns other than informational and political.
The media may not refuse to publish or broadcast an electoral message, except in cases determined by the Law.
Article 77 - Paid political advertising
Paid political advertising or leasing slots for electoral presentations is not allowed in the electronic media and in the media financed from public revenues.
Article 78 - Conditions for paid political advertising
The commercial media are obliged to define the conditions for paid political advertising no later than 7 days before the beginning of the election campaign. The conditions must be equal for all the participants, advertising fees must be the same as the lowest commercial fees and may not be altered once they have been established.
Article 79 - Marking paid political advertisements
The commercial media are obliged to visibly mark the contents whose publication was paid for by a participant in the electoral procedure, and to make a note to the effect that the message has been paid for.
Public announcement of the charitable activities political candidates and parties is not allowed during election campaigns.
Article 80 - Publishing public opinion poll results
Publishing public opinion poll results regarding the elections is not allowed 7 days before the voting.
On election day, until the closing of the polling stations, it is not allowed to publish results from previous elections or estimates of the outcome of the election.
Article 81 - The media financed from public revenues
The media financed from public revenues are obliged to provide slots for the presentation of all the participants in the electoral procedure free of charge and under the conditions set by the Rules of Conduct of the Media during Elections.
In order to ensure quality information for the citizens, the media financed from public revenues are obliged to prepare specialized electoral programs or columns (debates, interviews, thematic discussions) in which representatives of different political parties and candidates will be equally represented.
The media financed from public revenues are obliged to provide a timely, truthful and impartial treatment of all the participants in the electoral procedure in their regular political programs and columns and to equally represent the level of importance of their activities.
When electoral candidates are directors, editors and editors-in-chief of news programs or columns in the media financed from public revenues, they cannot perform these functions during the election campaign.
Article 82 - The commercial media
The commercial media which have regular news and political programs or columns, or introduce special electoral programs or columns, are obliged to provide timely, truthful and impartial treatment of all the participants in the electoral procedure.
Article 83 - Rules of Conduct of the Media during Elections
The media are obliged to abide by the Rules of Conduct of the Media during Elections. These Rules are adopted by the National Assembly, based upon the recommendation of the Media Electoral Council, no later than the deadline for calling the election.
In the case of extraordinary elections, the Rules of Conduct from the previous elections apply.
Article 84 - The Media Electoral Council
The activities of the media are monitored by the Media Electoral Council.
The National Assembly elects the Media Electoral Council, no later than the expiration of the deadline for calling the election.
In the case of extraordinary elections, the Council established for the previous election performs the function of the Media Electoral Council.
The Media Electoral Council maintains the same jurisdiction at the local elections.
The activities of the Media Electoral Council start on the day when the election is called and last until the day when the election results are published. During this period, the Media Electoral Council is permanently in session.
The activities of the Media Electoral Council are financed from the Republican budget.
Article 85 - Composition of the Media Electoral Council
Members of the Media Electoral Council are nominated by professional associations of journalists.
One half of the members of the Media Electoral Council are media and legal experts. The other half are professional journalists, with equal representation of the media financed from public revenues and the commercial media which have news and political programs or columns. The members are chosen from the media which cover at least one quarter of the Republic, or proportionately to the circulation.
ALTERNATIVE: Professional journalist organizations and proponents of electoral lists who are represented in the Republican Electoral Commission on a parity basis nominate members to the Media Electoral Council.
Representatives of both the media financed from public revenues and the commercial media which have news and political programs or columns must be equally represented in the Media Electoral Council. The members are chosen from the media covering at least one quarter of the Republic, or proportionately to the circulation.
Article 86 - The supervisory function
In order to perform its supervisory function, the Media Electoral Council must independently organize the monitoring of media activities. For this purpose, the Council employs an independent team of experts to inform it on a daily basis about the enforcement of the Rules of Conduct of the Media during Elections.
The Media Electoral Council is obliged to consider the findings of the expert team, as well as complaints from citizens, participants in the electoral procedure, the media, or other organs of the state.
Article 87 - Decision-making in the Media Electoral Council
The Media Electoral Council passes decisions by a majority vote of the total number of members.
Article 88 - The jurisdiction of the Media Electoral Council
The Media Electoral Council may suggest that the Republican Electoral Commission proclaim the elections irregular in the following cases:
The Council can initiate administrative proceedings against a decision of the Republican Electoral Commission within 24 hours of the receipt of the decision.
Article 89 - Publishing the decisions of the Media Electoral Council
The media are obliged to publish the decisions of the Media Electoral Council regarding violations of the Rules of Conduct on the part of the media in the first subsequent issue/broadcast and to publish or broadcast a correction or issue a denial when requested to do so by the Council.
The media are obliged to publish the assessment of the Council that an electoral or other state body:
Article 90 - Initiating a legal procedure
The Media Electoral Council can initiate proceedings before the authorized court or judicial organ in charge of violations if the media:
Article 91 - Conditions for candidacy
Every citizen of FRY, provided that he/she has full civil capacity, can be a candidate on the condition that, at the time when the nomination is submitted, there are no obstacles to candidacy as determined by this Law, that he/she does not perform the function of a judge, public prosecutor or legal officer, and that he/she is not a member of the police or the armed forces.
The candidate must have residence on the territory under the jurisdiction of the assembly for which he/she is running.
The same person can be a candidate for a deputy or a councilor on one electoral list and in one electoral unit only.
Article 92 - The right to nominate candidates
Political parties registered in FRY and Serbia have the right to nominate candidates for electoral lists, under the conditions determined by this Law; groups of citizens have the same right when it comes to the nomination of councilors.
Political parties can exercise the right to nominate candidates for electoral lists either independently or in coalitions.
Parties forming an electoral coalition by special agreement define their mutual rights and obligations with regard to elections, and particularly with regard to the distribution of mandates won by the joint electoral list. This agreement is binding when it comes to the verification of mandates.
The agreement on rights and obligations of coalition members is submitted to the electoral commission together with the electoral list of the coalition.
Article 93 - Electoral list
The right to nominate candidates is realized through electoral lists.
Every electoral list has its bearer. The bearer of an electoral list is the person whose name is listed under the ordinal number "one" on the list. One and the same person can be the bearer of only one electoral list. The proponent of the electoral list determines the bearer of the list.
The electoral list contains the names of candidates for deputies or councilors. The proponent of the electoral list independently determines the order of the candidates on the list.
Article 94 - The title of the electoral list
The electoral list has its title.
The title of the electoral list is determined according to the title of the political party which submits the electoral list. The title of the list is determined by its proponent.
If two or more political parties submit a joint electoral list, the title of the list is determined by an agreement between the parties forming the electoral coalition.
The proponent of an electoral list presented by a group of citizens, along with the title of the electoral list, which bears the uniform title "electoral list submitted by a group of citizens", provides a more detailed designation of the electoral list and submits it to the electoral commission together with the proposal of the electoral list.
Article 95 - The number of candidates on an electoral list
The number of candidates on an electoral list cannot be smaller than one-fifth, and may not exceed the total number of deputies or councilors elected in the electoral unit.
ALTERNATIVE: If the proponent of an electoral list is a group of citizens, the electoral list may contain fewer than one-fifth of the number of deputies or councilors being elected in the electoral unit.
If the number of candidates on an electoral list exceeds the number of deputies or councilors, candidates are deleted from the list, starting from the bottom and moving upwards, until the number of candidates corresponds to the number of deputies or councilors being elected in the electoral unit.
For the purpose of ensuring equal representation of both sexes on the electoral lists, both sexes are to be equaly represented or on each electoral list at least 30% of the overall number of candidates must be female. The order of female candidates is established in the following manner: one female candidate is placed among the first four candidates, the next one among the next four, and so on until the end of the list.
If an electoral list does not fulfil this condition, it will be considered disorderly and the proponent of the list will be asked to eliminate this shortcoming.
Article 96 - The data registered on the electoral list
The following data about the candidates are entered in the electoral list: name, surname, year of birth, occupation and place of birth.
The names of candidates on an electoral list are listed by ordinal numbers.
Along with the name and data about the bearer of an electoral list, is the designation "bearer of the electoral list".
The person whose signature is kept on file with the organ in charge of political party registration signs the electoral list. When an electoral list is submitted by a group of citizens, the person designated in the coalition's agreement signs the electoral list. An electoral list proposed by a coalition is signed by a person the coalition designates by an agreement.
Article 97 - Submitting the electoral list
The proponent of an electoral list is obliged to submit it to the nearest electoral commission, no later than 30 days before the elections.
The proposed list is submitted to the authorized electoral commission in three copies.
Article 98 - Documentation enclosed with the proposed electoral list
Along with the electoral list proposal, the proponent is obliged to submit the following documentation for every candidate on the list to the electoral commission:
A list of supporters of the proposal of an electoral list contains the names, addresses, personal citizen identification or I. D. card numbers of voters who, by signing, support the electoral list proposal.
Political parties which, in the previous election, independently or in a coalition, acquired the right to a deputy's mandate in the Federal Assembly, the National Assembly or the Assembly of an autonomous province are not obliged to enclose a list of supporters with the electoral list proposal. All the other political parties and coalitions are obliged to enclose a list of supporters with the proposal of an electoral list.
The electoral list is established if it is signed by:
The electoral list of a group of citizens is established if it is signed by:
A voter can, by signing a list of supporters, support only one electoral list for the election of councilors, one electoral list for the election of deputies to the Assembly of an autonomous province and one electoral list for the election of deputies to the National Assembly of the Republic of Serbia. When collecting signatures from citizens, the proponent is obliged to warn voters of this rule.
The methodology for the verification of data referred to in paragraph 5 of this Article, as well as the methodology for verifying the authenticity of signatures is defined more precisely by the Republican Electoral Commission.
Article 99 - Collecting voters' signatures
The proponent of an electoral list is obliged to designate persons authorized to collect signatures from voters who support the electoral list and issues them special authorizations for collecting signatures.
A person who collects signatures is issued a special identification card which he/she is obliged to visibly display.
A person authorized to collect citizens' signatures, with his/her own signature at the end of each page of forms for signature collection, attests that he/she has truthfully registered the data given by respective voters.
Collecting signatures from citizens at their workplace is forbidden, as well as exercising any form of pressure on citizens to support an electoral list with their signatures.
The person collecting signatures submits the personal citizen identification numbers or I. D. card numbers of citizens who have supported an electoral list on a floppy disk. If a personal citizen identification number or I. D. number is found on two lists, the correctness of the data is verified in direct contact with the voter in question.
The person authorized to collect signatures from citizens is held accountable for counterfeiting data from the list of support and for willfully submitting a counterfeit list.
The accountability of the person authorized to collect signatures does not exclude the accountability of the proponent of the list.
Article 100 - Withdrawing electoral list proposal
The proponent of an electoral list can, either partially or entirely, withdraw the electoral list before the day on which the decision on the proclamation of an electoral list goes into effect. The proponent of an electoral list withdraws the list by a petition submitted to the electoral commission.
The candidate nominated on an electoral list can give up his/her candidacy by a petition submitted to the electoral commission before the day on which the decision on the proclamation of electoral list goes into effect. If the bearer of the list withdraws his candidacy, the political party in question designates a new bearer.
Withdrawals of the electoral list proposal and candidacy are irrevocable.
By withdrawing an electoral list, the proponent loses all the rights and obligations based on the list and under the provisions this Law.
Article 101 - Changes in an electoral list after its publication
If, by a valid court order, a candidate is stripped of his/her civil capacity after the decision on the publication of an electoral list has been passed, if a candidate loses FRY citizenship, if he/she changes residence and therefore does not reside on the territory of the electoral unit, if he/she gives up candidacy, or if the candidate dies, the proponent of the electoral list keeps all the rights of a participant of the electoral procedure.
The next candidate on the list of the requisite sex takes the place in the electoral list previously occupied by the candidate referred to in paragraph 1 of this Article.
Article 102 - Investigating an electoral list proposal
The authorized electoral commission investigates the lawfulness, timelines and orderliness of electoral list proposals and, within 24 hours of receiving an electoral list proposal, passes a decision and immediately sends it to all the proponents of electoral lists.
A proposal is considered to be unlawful if it has been presented by a proponent who does not have the right to submit electoral list proposals, if one of the candidates on the list is a person who cannot be nominated for candidacy or if the proposal has been submitted to an inappropriate electoral commission.
A withdrawn proposal becomes unlawful, partially or entirely, on the day of its withdrawal or withdrawal of candidacy.
A proposal is considered to be untimely if it comes to the electoral commission after midnight of the last day set as the deadline for the nomination of candidates or after the expiration of the deadline set for the correction of shortcomings within the proposal.
A proposal is considered to be disorderly if it does not meet the conditions referred to in Articles 95 paragraphs 3 and 4, 96, 97 and 98 of this Law.
Article 103 - Rejection of an electoral list proposal
If a proposed electoral list is untimely or unlawful, the electoral commission shall reject it either in its entirety or partially. The electoral commission passes a formal decision on this matter.
If an electoral list proposal is not in order, the electoral commission shall decide to instruct the proponent of the list to dispose of the shortcomings. In the dispositive clause of the decision, the commission also gives instructions as to which shortcomings should be disposed of. The decision is delivered to the proponent of the electoral list immediately.
Predlagac izborne liste je u obavezi da u roku od 24 casa od prijema recenja otkloni nedostatke u izbornoj listi. Ako predlagac ne otkloni nedostatke, izborna komisija ce svojim recenjem odbaciti predlog izborne liste u delu koji nije uredan. Recenje o odbacivanju predloga izborne liste odnosno dela izborne liste, izborna komisija donosi u roku od 24 casa od prijema podneska podnosioca izborne liste kojim se predlog izborne liste urecuje.
The proponent of the electoral list is obliged to dispose of the shortcomings in the electoral list within 24 hours of receiving the decision. If the proponent does not dispose of the shortcomings, the electoral commission shall decide to reject the part of the proposed electoral list that is not in order. The commission passes the decision on rejecting a proposed electoral list i.e. part of the proposed electoral list, within 24 hours of receiving a petition of the proponent of the electoral list bringing the electoral list proposal into order.
Article 104 - Partial rejection of electoral list proposals
If a part of the proposed electoral list is unlawful or not in order, and the remaining part has no shortcomings, or if the shortcomings of an electoral list have been disposed of before the deadline, the commission, no later than 24 hours after the receipt of proposed electoral list, passes the decision on confirming and publishing the electoral list.
Article 105 - The publication of electoral lists
If the authorized electoral commission establishes that an electoral list has no shortcomings, or if the shortcomings of an electoral list have been disposed of before the deadline, the commission, no later than 24 hours after the receipt of the proposed electoral list, passes the decision to confirm and proclaim the electoral list.
In the decision regulating the publication of the electoral list, the electoral commission states the title of the electoral list, its seat, its proponent and the names of all the candidates on the list.
If the proponent of an electoral list is a group of citizens, it is stated that the proponent is a group of citizens. The name, surname and residence of the first citizen on the list of citizens supporting the proposed list are also stated.
If the proponent of an electoral list is a coalition, along with the title of the list it is stated that the proponent is a coalition, and the members of the coalition are mentioned.
Article 106 - Notification of the media by electoral commissions
Following the passing of a decision to publish the electoral lists, the electoral commission immediately notifies the media of it.
Article 107 - The electoral documentation
The electoral documentation consists of:
The regulations pertaining to the electoral documentation are contained in Annex I of this Law and form an integral part of it.
Annex III of this Law contains the electoral documentation forms.
XI TECHNICAL EQUIPMENT FOR ELECTIONS
Article 108 - Technical equipment
The technical equipment for elections consists of:
The regulations pertaining to technical equipment are contained in Annex II of this Law, forming an integral part of it.
Article 109 - Polling stations at which voters cast their ballots
A voter votes at the polling station at which he/she is registered in the excerpt from the voter list.
Under exceptional circumstances, a voter may vote away from the polling station at which he/she is registered in the excerpt from the voter list, under conditions and in the manner determined by this Law.
The manner of voting away from the polling station, as well as the number of voters who have thus realized their right to vote are registered in the electoral committee's work record.
Article 110 - Notification of voting
The organ in charge of maintaining the voter lists delivers a notification of voting to voters, no later than five days before the voting.
The notification states: the day and time of voting; the number of the polling station at which a voter votes and its address, and the number under which a voter is registered in the excerpts from voter lists.
Article 111 - Conduct at the polling station
The electoral committee is responsible for the lawfulness and regularity of voting as well as for maintaining order at polling stations.
A voter is obliged to abide by the rules of conduct at polling stations.
Nobody may come to the polling station armed, with a (potentially) dangerous tool or under the influence of alcohol.
Voters are not allowed to use pagers, cellular phones or other means of communication at polling stations.
Members of the police on duty may enter a polling station only with the permission of the president of the electoral committee and only if order has been disturbed.
If the provisions of paragraphs 1 to 5 of this Article are violated during the voting, the electoral committee may be dissolved by a decision of the electoral commission.
While polling stations are open and during the voting, members of the permanent line-up of the electoral committee, or their substitutes, must be present at polling stations.
The number of voters who can be present at the polling station at any given moment must be equal to the number of polling booths or screens.
All persons who have no rights or duties related to the election procedure and determined by this Law are forbidden to stay at polling stations.
Representatives of the media, domestic and foreign monitors of the elections, to the extent of their authorization, may monitor the course of voting, provided that they have valid accreditation for election monitoring.
Article 112 - Voting hours
Polling stations open at 07:00 and close at 21:00. During these hours polling stations must be open all the time.
Voters who happen to be at the polling station at the moment when the polling station is closed shall be allowed to vote. In such a case, the electoral committee first has to establish the number and identity of these voters.
If order at a polling station has been disturbed, the electoral committee may decide to stop the voting until order is re-established. The reasons for and the duration of the interruption in voting are noted in the records of the activities of the electoral committee.
Article 113 - The seal of a polling station
Each polling station has its own seal.
The seal is circular in shape and contains the name of the municipality where the polling station is located and the number of the polling station.
Before the opening of the polling station, the electoral committee chooses, by drawing lots, one member of the committee who, in the presence of the other members of the electoral committee, causes visible damage to the seal by cutting or burning the rubber part of it.
The backside of the ballot paper is rubber-stamped immediately before being handed over to a voter.
The seal of a polling station is used to seal all the other election materials.
Article 114 - Controlling the ballot box
The electoral committee controls the ballot box in the presence of the first voter to come to the polling station. The results of the control are written on the control paper which is signed by the members of electoral committee and the voter who witnessed the control of the ballot box.
The control paper is inserted into the ballot box. Thereupon, the ballot box is sealed in the presence of the first voter, and this is noted in the records on the activities of the electoral committee.
Article 115 - Voter identification
Control by means of the optical reading device is applied before entering polling station.
The voter tells the electoral committee his/her name. The voter's identity is established by means of an I. D. card or another form of identification, provided that it has a photograph and the citizens' personal identification number.
After the identity of the voter has been verified , the marking spray is applied.
Along with the I. D., the voter also hands in the voting notification to the electoral committee. A voter who has not received the voting notification, or has not given it to the electoral committee, has the right to vote. The voting notification slip cannot serve as proof of voter's identity.
A voter cannot vote unless he/she shows proofs of his/her identity.
Having confirmed the identity of the voter, the president or a member of the electoral committee circles the ordinal number under which voter is registered in the excerpt from the voter list, explains voting procedure to the voter and gives him/her the ballot paper.
The voter confirms that he/she has received the ballot paper by signing the record of voters.
If voting for several elections is going on at the same time at one polling station, the voter has to prove his/her identity for every election at which he/she wishes to participate.
Article 116 - The voting procedure
A voter votes personally.
A voter may vote for only one of the electoral lists on the ballot paper.
Voting is carried out by circling the ordinal number preceding the title of the electoral list one wishes to vote for, or by circling the title of the electoral list and the name and surname of the bearer of the electoral list.
The voter himself/herself folds the filled-in ballot paper in such a manner that it cannot be seen how he/she voted, puts it into an envelope, inserts the envelope into the appropriate ballot box, and immediately leaves the polling station.
Article 117 - Prohibition of changing the voter list excerpts
No changes to voter list excerpts are allowed on election day.
If it acts contrary to the provisions of paragraph 1 of this Article, the electoral committee shall be dissolved and voting at that polling station shall be repeated.
Upon the recommendation of proponents of electoral lists, the electoral commission of the electoral unit decides whether the provisions of paragraph 1 of this Article have been violated.
Article 118 - Exceptions to the rule of voting personally
A voter who is unable to vote personally (a blind person, a disabled person or an illiterate person) has the right to come accompanied by another person who will fill in the ballot paper according to the instructions given by the voter.
The number of voters and the manner of voting referred to in paragraph 1 of this Article are noted in the record on the activities of the voter commission.
Article 119 - Voting away from polling stations (Absentee voting)
A voter who is unable to vote at the polling station (a disabled or sick person) but wishes to vote, shall notify the electoral committee of this. The electoral committee shall enable, through its proxies for voting by mail, such persons to vote in such a way as shall provide for the directness and confidentiality of voting.
Having been notified about a voter's inability to vote at the polling station, the electoral committee shall, through its proxies for voting by mail, deliver a certified ballot paper, a collective electoral list, a certificate of the right to vote and a special envelope into which a filled-in ballot paper is to be inserted, to the voter.
After the proxies for voting by mail have confirmed the identity of the voter in accordance with Article 118 of this Law and explained the voting procedure, they give him/her the voting documentation and leave the room in which the voter votes.
The voter confirms that he/she has received the electoral documentation by signing the certificate of the right to vote. Having completed the voting, the voter folds the ballot paper and puts it into the official envelope which the proxies seal with a seal applied to sealing wax in his/her presence. Then the sealed envelope containing the ballot paper and the certificate of the right to vote is placed into the official envelope which is sealed by the proxies in the voter's presence.
Proxies deliver the official envelope, which is opened by the electoral committee and, on the basis of the signed certificate of the right to vote, the ordinal number under which the voter is registered in the excerpt from the voter list is circled, while the unopened envelope is inserted into the ballot box.
If the certificate of the right to vote has not been certified by the voter's signature, such a ballot paper shall be considered to be void.
The manner of voting referred to in paragraph 1 of this Article and the number of voters who voted by mail are noted in the record on the activities of the electoral committee.
Votes submitted by mail have to be delivered to the electoral committee no later than midnight on election day.
Article 120 - The voting of voters doing their national service
Voters who are doing their national service or are engaged in military maneuvers, or are performing their duties in units and institutions of the Yugoslav Army during the election, vote at special polling stations in accordance with Article 30, paragraph 3 of this Law.
Article 121 - Voting by mail
Voters who, on the day of election, are away from the electoral unit in which they are registered in the voter list, may vote by mail.
Voters referred to in paragraph 1 of this Article submit a request to be permitted to vote by mail to the electoral committee of the polling station at which they are registered in the excerpts from the voter list.
Immediately upon receipt of this request, the committee delivers a notification on the manner of voting to the voter, along with a ballot paper, the joint electoral list, and a special envelope for the ballot list and an official envelope.
When a voter referred to in paragraph 1 of this Article has voted, he/she puts the ballot paper into the special envelope and closes it. Then he/she puts the envelope containing the ballot paper and the certificate of the right to vote into the official envelope, which he/she then sends to the electoral committee referred to in paragraph 2 of this Article.
The electoral committee, having received the official envelope, opens the envelope and establishes whether it contains a verified certificate of the right to vote and circles the ordinal number under which the voter is registered in the excerpt from the voter list. After that, the sealed envelope containing the ballot paper is inserted into the ballot box.
If there is no rubber-stamped certificate of the right to vote in the official envelope, it is considered that the voter referred to in paragraph 1 of this Article has not voted.
Article 122 - Voting on ships sailing under FRY flag, in diplomatic missions and in consulates
Voters who, being crew members on a ship sailing under the flag of FRY, are outside the territorial waters of the Federal Republic of Yugoslavia on election day, as well as employees of diplomatic missions and consulates of the Federal Republic of Yugoslavia and members of their families living abroad, vote at special polling stations established aboard a ship or in a diplomatic mission or consulate.Citizens of FRY permanently residing abroad vote at polling stations referred to in Article 34, paragraph 2 item 2 of this Law, provided that it is in accordance with the current legal regulations.
The Ministry of Transportation and the Federal Ministry of Foreign Affairs provide conditions for the voting of voters referred to in paragraph 1 of this Article.
Based on the records kept by the authorized ministries and the data provided by the Office of Joint Voter List on voters referred to in paragraph 1 of this Article, the electoral commission is obliged to draw up and certify special excerpts from voter lists as well as certificates of the right to vote for these voters and to deliver them, together with the required number of certified ballot papers, envelopes for ballot papers, joint electoral lists and official envelopes to the electoral committee aboard a ship or in a diplomatic mission or consulate.
For the elections to be held aboard a ship or in diplomatic missions or consulates, the captain of the ship, or an authorized person in a diplomatic mission forms an electoral committee consisting of persons chosen from among the voters aboard the ship or in the diplomatic mission.
Following the closing of the voting procedure, the electoral committee immediately notifies the electoral commission of the results and delivers the electoral documentation as soon as possible.
The executive electoral organ aboard a ship, or in a diplomatic mission or consulate, immediately delivers the sealed official envelopes to the electoral commission.
Article 123 - Voting in detention or in penal institutions
Voters who, on the day of the election, are in custody or are serving sentences in penal institutions, vote at special polling stations determined by the Republican Electoral Commission, upon the recommendation of the Ministry of Justice.
The Republican Electoral Commission appoints members to electoral committees formed in detention or penal institutions.
The Ministry of Justice determines the voting conditions for voters referred to in paragraph 1 of this Article.
Based on the records of the authorized ministry and the data supplied by the Office of Joint Voter List, the electoral commission draws up and certifies special excerpts from the voter list, as well as certificates of the right to vote for these voters, and delivers them to the electoral committee along with the required number of certified ballot papers, envelopes for ballot papers, joint electoral lists and special official envelopes.
The electoral committee immediately delivers the official envelopes to the electoral commission.
The electoral commission notes down the voting results of voters referred to in paragraph 1 of this Article in a special record.
Article 124 - Establishing the election results at a polling station
After the end of voting, the electoral committee engages in the following activities in this order:
The number of voters who cast their votes is established on the basis of the number of control coupons torn off the ballot papers.
A void ballot paper is a ballot paper that has not been filled in, a ballot paper filled in in such a way that it cannot be determined with certainty which electoral list was circled or a ballot paper on which more than one electoral list were circled.
If it is established that the number of ballot papers in the ballot box exceeds the number of voters who voted at the polling station, or that the control paper is missing, the electoral committee is dissolved by the decision of the electoral commission, and voting at that polling station is repeated.
At polling stations where voting is repeated, the results are established after the repeated voting.
Article 125 - The record of the results of voting at a polling station
When the electoral committee establishes the results of voting, it draws up a record where the data referred to in Article 9 of Annex I of this Law are noted down.
The members of the electoral committee sign the record of its activities.
The record is valid if the majority of the electoral committee members sign it. A member of the electoral committee can refuse to sign the record, with an obligatory explanation entered in the record.
Every member of the extended line-up electoral committee gets a copy of the record.
The persons monitoring the work of executive electoral organs have the right to demand a certified copy of the record of the activities of the electoral board.
Article 126 - Forwarding electoral documentation from polling stations to the electoral commission
Having established the results of voting, the electoral committee shall, without delay and within 12 hours of the closing of the polling station, forward the following to the electoral commission: the record establishing the results of voting at the polling station, the excerpt from the voter list, the valid ballot papers in a special sealed envelope, the unused ballot papers in a special sealed envelope, the void ballot papers in a special sealed envelope, and the remaining electoral documentation.
A record is made of the transfer of electoral documentation. The record is signed by the president of the municipal electoral commission and at least two members of the electoral committee who have submitted the electoral documentation.
XIII VERIFICATION OF THE POLLING RESULTS
Article 127 - Control of electoral committee records of the results of voting
Upon receiving the electoral documentation from the polling stations, the electoral commission of the first instance establishes whether the electoral committee records of the results of voting are in order and evaluates the observations entered in the record.
Article 128 - Review of electoral committee records of the results of voting
The electoral commission of the first instance is obliged to pass a conclusion on the review of the electoral committee records of the results of voting if the irregularity of the records is of such nature that it arouses suspicion of the regularity of voting at the polling station. The electoral commission of the first instance shall once again establish the facts concerning the results of voting by reviewing the electoral documentation and counting the ballot papers, and it shall make a record on this.
If the electoral committee record is found to be in order, and a member of the electoral commission presents facts which arouse suspicion of the results of voting at the polling station, he/she is obliged to substantiate this.
Article 129 - Electoral commission record of the results of voting
The municipal electoral commission, based upon reviewed and valid electoral committee records, makes a record of establishing the results of voting on the territory of the municipality.
The results of elections held in the municipality are stated in the record of the results of voting. The record is made in accordance with Article 12 of Annex I of this Law.
The record of the activities of the electoral commission is signed by its members.
The record is valid if the majority of the electoral commission members si