-
The High Representative's Decision
Amending the Election Law of Bosnia and Herzegovina and the High Representative's Decision
Enacting the Law on Amendments to the Election Law of Bosnia and Herzegovina was published in
the Official Gazette of Bosnia and
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Amendments to the Election Law were published in the
Official Gazette of Bosnia and
-
Correction of the Law on Amendments to the Election
Law was published in the Official Gazette of Bosnia and
-
The High Representative's Decision Enacting the Law on
Amendments to the Election Law of Bosnia and Herzegovina was published in
the Official Gazette of Bosnia and
-
Amendments to the Election Law was published in the
Official Gazette of Bosnia and
Chapter 2 COMPETENT AUTHORITIES RESPONSIBLE FOR THE CONDUCT OF
ELECTIONS
Chapter 3 VOTERS REGISTER
Chapter 4 CERTIFICATION
Chapter 5 CONDUCT OF ELECTIONS
Chapter 6 PROTECTION OF THE ELECTORAL RIGHT
Chapter 7 RULES OF CONDUCT FOR POLITICAL PARTIES,
COALITIONS, LISTS OF INDEPENDENT CANDIDATES
Chapter 8 PRESIDENCY OF
Chapter 9 PARLIAMENTARY ASSEMBLY OF
House of Peoples of the Parliamentary Assembly of
House of Representatives of the Parliamentary
Assembly of
President
and Vice- President of the Federation of
Chapter 10 PARLIAMENT OF THE FEDERATION OF
House of Peoples of the Parliament of the Federation
of
House of Representatives of the Parliament of the
Federation of
Chapter 11 NATIONAL ASSEMBLY OF THE REPUBLIKA SRPSKA
Chapter
11. A ELECTION OF DELEGATES TO THE
COUNCIL OF PEOPLES OF REPUBLIKA SRPSKA
Chapter 13 CANTONAL ASSEMBLIES, MUNICIPAL
COUNCILS/ASSEMBLIES,
Chapter 14 REPEATED, POSTPONED and EARLY ELECTIONS
Chapter 15 CAMPAIGN FINANCE
Chapter 16 MEDIA
Chapter 17 ELECTION OBSERVERS
Chapter 18 BRCKO DISTRICT
Chapter 19 THE
In accordance with Article II
1, Article IV 1.2. and 4.a. and the Article
V 1.a of the Constitution of
ELECTION LAW OF
This law shall
regulate the election of the members and the delegates of the Parliamentary
Assembly of Bosnia and
The cost and expense for the conduct of the elections
shall be materials cost and expense and reimbursement costs for the operations
of election implementation bodies.
The materials cost and expense shall be the
cost for conduct of elections by the election implementation bodies within
their scope of competence under Articles 2.9 and 2.13 of this Law and the
Decision of the Election Commission of Bosnia and Herzegovina (hereinafter: the
Election Commission of BiH) that regulates the scope of competence of entity
election commissions, pursuant to Article 2.21 of this Law.
The reimbursement
costs of the operations of election implementation bodies shall be the costs
referred to in Article 2.12, Paragraph 7 and Article 2.19, Paragraph 3 of this
Law.
The Budget of the Institutions of Bosnia and Herzegovina and
International Obligations of Bosnia and Herzegovina (hereinafter: the BiH
budget) shall provide for the cost and expense for the conduct of elections by
the Election Commission of BiH referred to in Article 2.9 of this Law.
The budgets of entities and cantons shall provide for the cost and
expense for the conduct of elections of the election bodies referred to in
Article 2.21 of this Law, pursuant to the Decision of the Election Commission
of BiH that regulates their scope of competence as well as the provision of
missing funds for obligations referred to in Paragraph 3 of this Article.
The budgets of municipalities and cities shall
provide for the cost and expense for the conduct of elections by municipal
election commissions referred to in Article 2.13 as well as reimbursement costs
referred to in Article 2.12, Paragraph 7 and Article 2.19, Paragraph 3 of this
Law.”
The Budget of the Brcko
District of BiH shall provide for the cost and expense for exercise of the
competencies of the Election Commission of the Brcko District and reimbursement
costs for the Election Commission and polling stations committees of the Brcko
District of BiH pursuant to the Election Law of the Brcko District of BiH.
The election of
members of all bodies of authority shall be made on the basis of general and
equal voting rights by direct and secret ballots, unless otherwise stipulated
by this law.
Each citizen of
To exercise his
or her right to vote, a citizen must be registered as a voter, pursuant to this
law.
A person can be registered in the Central Voters Register
for only one municipality.
All citizens of
A
citizen of Bosnia and Herzegovina who temporarily resides abroad and has the
right to vote, shall have the right to register and to vote in person or by
mail, for the municipality where the person had a permanent place of residence
prior to his or her departure abroad, provided he or she is registered as a
permanent resident in that municipality at the moment of his or her application
for registration. The proof of residence
shall rest upon the applicant. If the proof
of residence is not attached to the application, this application will be
rejected.
A citizen of
No person who is
serving a sentence imposed by the International Tribunal for the former
Yugoslavia, and no person who is under indictment by the Tribunal and who has
failed to comply with an order to appear before the Tribunal, may register to
vote or stand as a candidate (the candidate for the purpose of this Law refers
to persons of both genders) or hold any appointive, elective or other public
office in the territory of Bosnia and Herzegovina.
As long as any
political party or coalition maintains such a person in a political party
position or function as established in the previous paragraph, that party or
coalition shall be deemed ineligible to participate in the elections.
No person who is
serving a sentence imposed by a Court of Bosnia and Herzegovina, a Court of the
Republika Srpska or a Court of the Federation of Bosnia and Herzegovina and the
Court of the District of Brcko or has failed to comply with an order to appear
before a Court of Bosnia and Herzegovina, a Court of the Republika Srpska or a
Court of the Federation of Bosnia and Herzegovina and the Court of the District
of Brcko for serious violations of humanitarian law where the International
Criminal Tribunal for the Former Yugoslavia has reviewed the file prior to
arrest and found that it meets international legal standards may register to
vote or stand as a candidate or hold any appointive, elective or other public
office in the territory of Bosnia and Herzegovina.
Judges of regular and
Constitutional courts, prosecutors and their deputies, attorneys and their
deputies holding public office, Ombudsmen and their deputies, members of the
Human Rights Courts/Chambers/Councils, members of police and armed forces,
including, but not limited to, the Finance Police, Judicial Police, State
Border Service, and members of internal security and intelligence agencies, and
diplomatic and consular representatives of Bosnia and Herzegovina abroad, may
stand as a candidate for public elected office only if they resign from their
position.
If
a delegate in the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina
holds, at the same time, a mandate of a member of the House of Representatives
of Parliamentary Assembly of Bosnia and Herzegovina, Parliament of the
Federation of Bosnia and Herzegovina, National Assembly of Republika Srpska or
cantonal assembly he/she shall be bound to inform in writing, within 3 days,
the Election Commission of Bosnia and Herzegovina which of the mandates he/she
selected thus terminating other mandates that he/she holds.
If
a delegate in the House of Peoples of the Parliamentary Assembly of Bosnia and
Herzegovina acquires the right to a mandate in the House of Representatives of
Parliamentary Assembly of Bosnia and Herzegovina, House of Representatives of
the Parliament of the Federation of
Bosnia and Herzegovina, National Assembly of Republika Srpska or cantonal
assembly pursuant to Article 9.11 of this Law and if he/she does not inform,
within 3 days, the Election Commission of Bosnia and Herzegovina on waiving of
that right, the mandate shall not be allocated to him/her and it shall be
distributed to the next qualified candidate on the list
of the constituency according to paragraph 2 of Article 9.9 of
this Law. If after a question of the Election Commission the delegate decides
to use that right his/her mandate of a delegate in the House of Peoples of the
Parliamentary Assembly shall cease.
It is incompatible to
hold at the same time more than two (2) public directly or indirectly elected
offices. It is also incompatible to hold at the same time one directly or
indirectly elected office and one position in an executive body of authority.
It is also incompatible to hold more than one position in an executive body of
authority.
A person may not hold public elected office in
For the purpose of this article, an executive office
notably includes the Presidency of Bosnia and Herzegovina, the Council of
Ministers of Bosnia and Herzegovina, the President and Vice Presidents of
the Federation of Bosnia and Herzegovina, the President and Vice Presidents of
the Republika Srpska, the government of the Federation of Bosnia and
Herzegovina including the Prime Minister, the government of the Republika
Srpska including the Prime Minister, the government of the District of Brcko,
the Cantonal government, the Mayor of a city, the Deputy Mayor of a city, the
city government, the Mayor of a municipality, the Deputy Mayor of a
municipality, the Mayor’s cabinet, and other executive functions as defined by law.
A mandate belongs to
the elected office holder and not to the political party, coalition or list of
independent candidates, which nominated him or her on the candidates list. The mandate cannot be terminated except where
prescribed by law.
Should an elected office
holder, during his/her term of office, withdraw from a political party,
coalition or list of independent candidates that participated in the elections
or nominated him/her on its candidates list, the elected office holder shall
become an independent representative.
The term of office of an elected
member of a body of authority at all levels shall terminate before the
expiration of the mandate for which he or she was elected if:
1.
he or she resigns;
2.
he or she dies;
3.
under a valid court decision he or she has been
sentenced to a prison term of six (6) months or longer;
4.
under a valid court decision he or she has been
deprived of the ability to engage in business activities (declared mentally
incompetent);
5.
he or she is elected or appointed to an office which
is incompatible with the office of an elected member of a certain body as
stipulated by law;
6.
for a period of at least two (2) years, he or she
has ceased to be registered to vote in the electoral unit from which he or she
was elected; or
7. for a reason
stipulated by law that he or she loses the right to be elected.
The mandate of an
elected member of a body of authority at any level shall terminate on the day
when one of the reasons for termination established by law occurs. The
competent body shall, within maximum fifteen (15) days after the
reason for termination of the mandate has occurred or become known, confirm the
termination of the mandate. If the member resigns, the resignation shall be
completed on a form produced by the Election Commission of Bosnia and
Candidates of all
political parties, coalitions, lists of independent candidates as well as
independent candidates and other participants in the election process shall
have full freedom to carry out activities during the election campaign in the
whole
No person may be
arrested or detained during the period starting sixty (60) days prior to
election day and on the day of election for investigation or prosecution of
serious violations of international humanitarian law unless: (1) the person has
been indicted by the International Criminal Tribunal for the Former Yugoslavia
(ICTY); or (2) the person has failed to comply with an order to appear before a
Court of Bosnia and Herzegovina, a Court of the Republika Srpska, a Court of
the Federation of Bosnia and Herzegovina and a court of the District of
Brčko for serious violations of humanitarian law where the International
Criminal Tribunal for the Former Yugoslavia has reviewed the file prior to
arrest and found that it meets international legal standards.
Competent bodies at all levels
of authority shall not discriminate against a person because of his or her
affiliation to a political party or coalition or because of his or her support
for an independent candidate or a list of independent candidates.
The application for certification to participate in the elections shall
include a statement signed by the President of a political party, coalition or
the independent candidate(s) stating that the activities of the political
party, coalition or the independent candidate(s) will comply with the General
Framework Agreement for Peace in
The elections at all
levels of authority in Bosnia and Herzegovina shall be held on the first Sunday
in October unless that date conflicts with observance of a religious
holiday of one of the constituent peoples of Bosnia and Herzegovina. Any
election that cannot be held on the first Sunday in October
because of a conflict with a religious holiday shall be scheduled by the
Election Commission of Bosnia and
At
least one hundred and seventy (170) days prior to the holding of an election,
the Election Commission of Bosnia and Herzegovina shall notify all competent
authorities at all levels when an election shall be conducted, unless otherwise
provided by Chapter 13 of this law.
Notwithstanding
the deadline of at least one hundred and seventy (170) days established in the
previous paragraph of this Article for notification to be given by the Election
Commission of Bosnia and Herzegovina to all competent authorities at all levels
when an election shall be conducted, for the first elections to be conducted
under the provisions of this Election Law, this deadline shall be at least one
hundred and sixty nine (169) days prior to the holding of an election.
The Election
Commission of Bosnia and Herzegovina shall publish the dates of the elections
for all levels of authority in the “Official Gazette of Bosnia and
Herzegovina,” Entity official gazettes, “Official Gazette of the District of
Brcko” and in the media.
The competent authorities responsible for the conduct of elections are
the election commissions and the Polling Station Committees.
The election commissions and the Polling Station Committees shall be
independent and impartial in their work.
No member of an election commission or a Polling Station Committee shall
participate in the decision of a case in which the member and/or a close family
member has a personal or financial interest or other conflict of interest,
which may raise doubt as to the ability of the member to act impartially. A “close family member” is defined in Article
14.7 of this law.
All bodies of authority at all levels, officials in Bosnia and
Herzegovina and Embassies and Consulate Offices of Bosnia and Herzegovina shall
be obliged to assist the competent authorities responsible for the conduct of
elections.
Members of election commissions and Polling Station Committees shall be
persons eligible to vote.
Members of
election commissions and Polling Station Committees shall be persons with
appropriate expertise and experience in the administration of elections.
The Election Commission of Bosnia and Herzegovina shall
determine what the required qualifications are for members of election
commissions and Polling Station Committees established in the previous
paragraph.
No person can be appointed
as a member of an election commission or Polling Station Committee who:
1.
is not eligible to
stand as a candidate in accordance with Articles 1.6 and 1.7 of this law;
2.
is a member of the
highest executive political body of a political party or coalition: a
president, deputy president, the general secretary, secretary or members of the
executive board or the central committee;
3.
holds an elected mandate
or is a member of an executive body of authority except as provided for in
Article 2.12 of this law;
4.
stands as a candidate
for the elections at any level of authority; or
5.
has been sanctioned
for a serious violation of the electoral laws or regulations where the person
was found to be personally responsible for the violation, in the previous four
(4) years, starting from the day the decision became final.
The Election Commission of Bosnia and Herzegovina shall decide if the
severity of the violation and the personal responsibility of the individual as
stated in paragraph 5 of this article prohibits the person from being a member
of an election commission or a Polling Station Committee.
Except as provided for in Article 2.12 of this law, the election
commission members shall be appointed for a period of five (5) years and
members may only be appointed to the same election commission for two (2)
consecutive terms of office, unless otherwise specified by this law.
Polling Station Committee members shall be appointed for each election.
Except in the case regulated by Article 19.1 of this law,
the Election Commission of Bosnia and Herzegovina shall consist of seven (7)
members: two (2) Croats, two (2) Bosniacs, two (2) Serbs, and one (1) other
member.
The nominees for the Election Commission of Bosnia and Herzegovina
shall be jointly nominated by the members of the Ad hoc Commission for
Selection and Nomination. The Election Commission of Bosnia and
Herzegovina nominees shall be legal experts with experience in the
administration of elections and/or electoral experts.
Ad hoc Commission for
Selection and Nomination shall have seven members out of whom two shall be
appointed by the President of the High Judicial and Prosecutorial Council from
amongst members of the Council, three members shall be appointed by the
Administrative Commission of the House of Representatives of Parliamentary
Assembly of Bosnia and Herzegovina from amongst members of the Commission and
two shall be appointed by the President of the Election Commission of Bosnia
and Herzegovina from amongst members of the Election Commission of Bosnian
Herzegovina.
The constituent peoples, two
Bosniaks, two Serbs, two Croats and one from amongst the others must be represented
in the Ad hoc Commission for Selection and Nomination.
Ad hoc Commission for
Selection and Nomination shall meet in its
full composition for the purpose of decision making on issues of appointments
regulated by this Law. In accordance with the provisions of this Law, the
announcement and nomination procedure shall follow the Rules of Procedures
established by the Election Commission of Bosnia and Herzegovina. A decision on
the appointment of nominees for the election Commission of Bosnia and Herzegovina
shall be made by two third (2/3) majority votes.
In accordance
with its procedures, the House of Representatives of the Parliamentary Assembly
of Bosnia and Herzegovina shall elect members of the Election Commission of
Bosnia and Herzegovina from the list of nominees. If this list is not submitted
to the House of Representatives thirty (30) days prior to the expiration of the
mandates of the members of the Election Commission of Bosnia and Herzegovina,
then the House of Representatives of Bosnia and Herzegovina shall nominate and
elect the members of the Election Commission of Bosnia and Herzegovina.
In
the event a member of the Election Commission of Bosnia and Herzegovina cannot
perform his/her duties as established in Article 2.15 of this law the Election
Commission of Bosnia and Herzegovina shall notify the House of Representatives.
The House of Representatives of Bosnia and Herzegovina shall in this case
appoint a new member who is of the same Constituent Peoples including others as
the previous member. A new member shall be appointed from the list of nominees
submitted by the Ad hoc Commission for Selection and Nomination.
The President of the Election Commission of Bosnia and Herzegovina
shall be elected from amongst its members.
One Croat, one Bosnian, one Serb and the other member of the Election
Commission of Bosnia and Herzegovina shall each serve as the President for one
fifteen (15) month rotation in a five (5) year period.
The Election Commission of Bosnia and Herzegovina shall establish
Regulations which regulates its work including the election of its
President.
Members of the
Election Commission of Bosnia and Herzegovina shall have immunity and shall not
be held accountable in criminal or civil proceedings in the course of the work
of the Election Commission of Bosnia and Herzegovina. The House of
Representatives of the Parliamentary Assembly of Bosnia and Herzegovina may
revoke the immunity of a member of the Election Commission of Bosnia and
Herzegovina after receiving a recommendation of removal of immunity by the
Election Commission of Bosnia and Herzegovina.
The Election
Commission of Bosnia and Herzegovina is an independent body, which derives its
authority from and reports directly to, the Parliamentary Assembly of Bosnia
and Herzegovina. The Commission shall:
1.
co-ordinate, oversee and regulate the lawful
operation of all election commissions and Polling Station Committees in
accordance with this law;
2.
issue administrative Regulations for the
implementation of this law;
3.
propose a budget for the Election Commission of
Bosnia and Herzegovina and the Secretariat and report on its spending;
4.
be responsible for establishment, accuracy and
maintenance of the Central Voters Register for the territory of Bosnia and
Herzegovina;
5.
certify the participation of political parties,
coalitions, lists of independent candidates and independent candidates for all
levels of elections in Bosnia and Herzegovina;
6.
verify and certify the lists of candidates for all
levels of elections in Bosnia and Herzegovina;
7.
be responsible for the timely printing, distribution
and security of ballots and forms for all levels of elections in Bosnia and
Herzegovina;
8.
define the contents and the form of the ballot for
all levels of elections in Bosnia and Herzegovina;
9.
verify, certify and publish election results for all
levels of elections in Bosnia and
Herzegovina;
10.
issue certificates to persons who receive mandates;
11.
notify an election commission or Polling Station
Committee that it does not comply with or violates a provision of this law and
order the remedial action required to be taken by the competent body;
12.
publicize all Rules of Procedure, Regulations and
election results, voter information and all other information necessary for the
implementation of this law and all electoral laws, in the Official Gazettes and
the media, both inside and outside Bosnia and Herzegovina as appropriate;
13.
conduct all election activities for the elections
for the members of the Presidency of Bosnia and Herzegovina and the members of
the House of Representatives of the Parliamentary Assembly of Bosnia and
Herzegovina;
14.
review the termination of a mandate of an elected
official by the competent body of authority at all levels in order to ensure
that the elected official’s mandate was terminated in accordance with law and
in the case where a member resigns that it is of his or her own volition;
15.
report annually to the Parliamentary Assembly of
Bosnia and Herzegovina on the state of electoral administration in Bosnia and
Herzegovina, the implementation of this law and any proposed amendments to this
law; and
16.
perform all other duties as authorised by law.
The Election
Commission of Bosnia and Herzegovina may annul elections in an electoral unit
or at an individual Polling Station if it is established that irregularities
occurred, during the voting or counting of ballots, which may affect the
election results.
The Election Commission of Bosnia and Herzegovina shall
establish a Secretariat to carry out its professional, administrative and
operational duties. The Election Commission of Bosnia and Herzegovina
Secretariat shall also carry out the professional, administrative and
operational duties for the Election Complaints and Appeals Council and the
Appeal Council.
The Election
Commission of Bosnia and Herzegovina Secretariat shall have a General Secretary
who is appointed by the Election Commission of Bosnia and Herzegovina.
A Municipal Election Commission shall consist of between three (3) or
five (5) members.
The Election Commission of Bosnia and Herzegovina shall determine the
number of the Municipal Election Commission members in accordance with the
number of the registered voters and the size of a municipality.
Other criteria may be used by the Election Commission of Bosnia &
Herzegovina to determine the number of Municipal Election Commission members.
The member of the Municipal Election Commission can be: the president of
a regular Court, the Secretary of the Municipal Council/Municipal Assembly,
persons professionally employed in Municipal administration and other persons
if they meet the conditions established in the Article 2.2 of this Law, and
they do not have the obstacles from the Article 2.3 of this Law.
The members of the Municipal Election Commission shall be appointed by
the Municipal Council/Municipal Assembly, subject to the approval of the
Election Commission of Bosnia and Herzegovina.
Amongst the members of the Municipal Election Commission from the
previous paragraph the Municipal Council/Assembly shall appoint the President,
subject to the approval of the Election Commission of Bosnia and Herzegovina.
Members of
municipal election commissions shall be entitled to a permanent monthly
remuneration. The decision on the amount shall be reached by the municipal
council/assembly on yearly basis given that this amount may not be lower than
the amount provided for the members of the municipal council/assembly.
The Municipal
Election Commission shall:
1.
ensure that all candidates lists for a Municipal
Council/Municipal Assembly are made in accordance with the law, and forward
them to the Election Commission of Bosnia and Herzegovina for its approval;
2.
monitor the work of competent municipal bodies for
the administration of the elections, including the process of voter
registration;
3.
designate Polling Stations in the territory of the
municipality for voting on all levels of authority in Bosnia and Herzegovina;
4.
appoint and train the members of the Polling Station
Committees;
5.
ensure the security of, and deliver to the Polling
Station Committees the polling material for voting at all levels of the
elections in Bosnia and Herzegovina;
6.
as directed by the Election Commission of Bosnia and
Herzegovina notify voters of information necessary for the administration of
elections;
7.
be responsible for the technical arrangements at the
Polling Station and any other technical preparations for the elections;
8.
be responsible for the proper conduct of the
counting of ballots at Polling Stations and municipal counting centres;
9.
compile the results of elections from all Polling
Stations in the municipality, separately for each body for which elections were
administered and forward the results to the Election Commission of Bosnia and
Herzegovina; and
10.
perform all other tasks as authorised by law and by
the Regulations of the Election Commission of Bosnia and Herzegovina.
The composition of an election commission or Polling Station Committee
should be multiethnic, reflecting the population of the constituent peoples
including others bearing in mind the most recent national Census at the
electoral unit for which it is formed.
If the election commission or Polling Station Committee is not composed
in accordance with the previous paragraph, the Election Commission of Bosnia
and Herzegovina shall annul the appointment of the members and inform the
appointing body. The appointing body
shall within seven (7) days of the decision of the Election Commission of
Bosnia and Herzegovina reappoint the body in compliance with the criteria
established in the previous paragraph.
If the election commission
or Polling Station Committee is not properly constituted again, the Election
Commission of Bosnia and Herzegovina shall appoint the members of the election
commission or Polling Station Committee in accordance with paragraph 1 of this
article.
In the event a member of an election commission resigns, dies, becomes
incapacitated, is removed from the commission or cannot be a member of a
election commission or Polling Station Committee as established in Article 2.3
of this law, the new member of the body shall be appointed in the same manner
that the previous member was appointed. The term of appointment shall expire
when the previous member’s appointment would have expired.
The appointment of
a new member of a municipal election commission shall be carried out no later
than thirty (30) days of the date of expiration of the term of the previous
member, and during the election year no later than seven (7) days of the date
of expiration of the term of the previous member.
If a member of a municipal election commission
has a prolonged absence without a valid reason, obstructs the work of the
commission or violates the provisions of this Law or other regulations, the Election
Commission of BiH may remove that member by a two-third (2/3) majority vote of
the total number of members of the municipal election commission. According to
Article 2.12, Paragraph 5, a new member of the municipal election commission
shall be appointed.
If a member of a municipal election commission
has a prolonged absence with a valid reason, a new member of the municipal
election commission shall be appointed pursuant to Article 2.12, Paragraph 5 of
this Law, as his/her replacement for the period of absence.
The
valid reasons in terms of the preceding Paragraph shall include illness,
education, professional training and other reasons regarded valid by the
authority to appoint the municipal election commission.
Except as established by
Regulations of the Election Commission of Bosnia and Herzegovina, all election
commission meetings shall be public. The election commissions shall ensure that
the public is notified of their meetings in a timely manner.
Election commissions and Polling Station Committees, except for the
Election Commission of Bosnia and Herzegovina, shall make decisions by a simple
majority of the total number of members, except as otherwise stipulated by this
law.
Except as otherwise provided by this law, the Election Commission of
Bosnia and Herzegovina shall make a decision by a two-thirds (2/3) vote of the
total number of the members. If a decision cannot be reached by a two-thirds
(2/3) vote of the total number of members at the first meeting, then at the
second meeting a majority of the members shall make the decision.
The Polling Station
Committee shall consist of a President and of two (2) or four (4) members. The
President and the members of the Polling Station Committee shall have
deputies. The appointment of the members
of the Polling Station Committee and their deputies shall be made by the
Municipal Election Commission no later than thirty (30) days
prior to the date of the election. If
the Municipal Election Commission does not appoint the members of the Polling
Station Committee and their deputies in accordance with this article, then the
Election Commission of Bosnia and Herzegovina shall appoint the members of the
Polling Station Committee and their deputies.
Polling Station Committees must consist of
representatives of all political parties and independent candidates certified
for participation in elections.
The provisions of this Article shall
accordingly apply to the Deputy Members of a Polling Station Committee.
Only one representative of a political party
can be a Member of a Polling Station Committee.
Polling Station Committees must consist of at
least one member of a political party belonging to the opposition, including a
representative of a political party, which does not participate in the work of
municipal council/assembly.
Political parties shall deliver the nomination of
candidates for members of Polling Station Committees to Municipal Election
Commission at least thirty (30) days prior to the appointment of Polling
Station Committees.
The President shall manage and be responsible for the lawful work of
the Polling Station Committee.
Members of a
Polling Station Committees shall be entitled to a salary. The decision on the amount
of the salary shall be made by the Municipal Election Commission.
The Polling
Station Committee shall directly manage the conduct of the Polling Station,
ensure the regularity and secrecy of the ballot and record the election results
at the Polling Station.
The President of
the Polling Station Committee shall ensure that the voting process at a Polling
Station proceeds without impediments, in accordance with Chapters 5 and 7 of this law.
Entity Election
Commissions shall be created by Entity law in accordance with this law. Their competencies shall be determined by the Election
Commission of Bosnia and Herzegovina in accordance with this law.
The manner of election
and the composition of all other election commissions shall be determined by
Entity law and in accordance with the provisions of this law.
Voters Register
A citizen of Bosnia and Herzegovina, aged eighteen (18)
or older, exercises his or her right to vote based on his or her registration
into the Central Voters Register. Each
person shall apply for registration personally.
No person may apply for registration on behalf of another person.
The Central Voters Register shall not contain the name of
a person who under a valid decision of a competent authority has been deprived
of his or her ability to engage in business activities, and names of
persons whose BiH citizenship has expired according to law.
The deletion of data from the Central Voters
Register shall be carried out within the scope of competence of the Election
Commission of BiH.
The Election Commission of Bosnia and Herzegovina shall
keep and manage the Central Voters Register for the entire territory of Bosnia
and Herzegovina.
The Central Voters Register
shall include the names and information about all citizens of Bosnia and
Herzegovina who have the right to vote and who have registered to vote. From
the data contained in the Central Voters Register, a Municipal Voters Register
shall be established for each municipality which contains the names and
information about all voters who have registered to vote in person or by
absentee ballot for that municipality.
The Election Commission of Bosnia and Herzegovina may
define Voters Registers for other electoral units for which specific elections
are conducted, based on the data contained in the Central Voters Register.
The competent municipal body shall be responsible for the
proper registration of voters residing within the territory of that
municipality, and the accuracy and validity of data provided for additions to,
changes and deletions from the Central Voters Register.
The Election Commission of Bosnia and Herzegovina shall
be responsible for the registration of voters residing outside the territory of
Bosnia and Herzegovina, and the accuracy and validity of data provided for
additions to, changes and deletions from the Central Voters Register.
The Central Voters Register, Municipal Voters Registers
shall be public documents.
In each municipality,
the competent municipal body, in co-ordination with the Municipal Election
Commission, shall establish one or more voter registration offices in public buildings
or other locations designated for that purpose, and shall arrange for and train
appropriate staff members or other persons as voter registrars, who shall be
authorized to conduct voter registration activities.
Offices where master evidence files
are prepared and maintained may be used as registration offices, as may other
offices generally accessible to the public. A registration office may not be
located in a place of worship, any building owned by or occupied by a political
party, any building that has been used as a place of torture or abuse or
premises in which alcohol is served and consumed.
All voter registrars shall conduct the process of
voter registration in accordance with this law, and in the manner prescribed in
Regulations of the Election Commission of Bosnia and Herzegovina.
A person who has the
right to vote under this law shall be advised of his or her voting rights and
may register to vote, update his or her voter registration information, or
apply to change his or her voting option at a Voter Registration Centre in the
municipality in which he or she is currently residing, regardless of the
municipality for which he or she seeks to register.
For the purpose of this law, permanent residence is
either the citizen’s residence according to the most recent national Census, or
the municipality where a citizen is registered as a permanent resident in
accordance with law.
A citizen of Bosnia and Herzegovina who has the right to
vote, shall register for the municipality in which he or she has a permanent
place of residence, except as otherwise permitted under this law.
A citizen of
Bosnia and Herzegovina who has the right to vote under this law and is
temporarily residing abroad shall register for the municipality where he or she
had permanent residence immediately prior to his or her departure for abroad,
provided he or she is registered as a permanent resident in that municipality
at the moment of his or her application for registration.
The data entered into the Central Voters Register for
citizens of Bosnia and Herzegovina who have the right to vote shall be: last
and first name, date of birth, national identification number, name of the municipality
and settlement where this person has permanent or current residence, the name
of the municipality for which this person is registered as a voter, and serial
number under which the voter is registered.
An application to register to vote for the first time, or
an application for a change in a person's voting option as established in
Articles 1.5 and 3.4 of this law, must be submitted by the applicant
personally.
The
Election Commission of Bosnia and Herzegovina shall regulate the methods and
procedures by which the accuracy of data in the official records maintained by
the competent authorities in Bosnia and Herzegovina and documents submitted for
persons requesting to be entered into the Central Voters Register may be
verified, and shall take appropriate action regarding additions, corrections or
deletion of data from the Central Voters Register, based on its decision or a
decision of the Election Complaints and Appeals Council, or at any time the
Election Commission of Bosnia and Herzegovina determines that there is reason
to question the validity or accuracy of the information or documentation
submitted in an application, or as necessary to maintain the integrity of the
Central Voters Register in compliance with this law.
No
citizen of Bosnia and Herzegovina shall forfeit any right or entitlement
because he or she has registered as a voter, or because his or her registration
to vote for a municipality is not the one in which he or she currently resides.
No
person shall be required to present any document issued to him or her by a
competent municipal body relative to registration or voting for any other
purpose except as is necessary for the purpose of voter registration,
confirmation of registration or voting.
In order to maintain the credibility of the Central Voters Register,
municipal registry offices shall be obliged to deliver data on deceased persons
registered in the municipal registry to the municipal voters registration
immediately or no later than seven (7) days of the date of entering the data in
the death register.
The competent municipal bodies which keep the master
evidence files are obliged, upon comparison of the birth records and the
records of residency of persons currently residing in the municipality, to
provide information on persons who have reached eighteen (18) years of age to
the competent municipal body. The Election Commission of Bosnia and Herzegovina
shall regulate the methods and procedures for informing persons who have
reached 18 years of age about the procedures of voter registration.
The police body which keeps residency evidence is obliged
to provide the competent municipal body with information on all persons who
have reached eighteen (18) years of age and have registered their residence on
the territory of that municipality, as well as information about such persons
who have cancelled their residency in that municipality.
The competent body shall be obliged to
notify the Election Commission of BiH of a valid body
decision by which a person has been deprived of his or her ability to engage in
business activities, or his/her BiH citizenship.
A
member of the military, who has the right to vote under this law, shall register
to vote, update his or her registration information, or apply to change the
municipality for which he or she will vote, at the competent municipal body.
A member of the military, who has registered to vote
in accordance with this law, may vote in an Absentee Polling Station in the
municipality in which he or she is based.
A member of the
military may apply to receive his or her ballot at an Absentee Polling Station
in the municipality in which he or she is scheduled to be posted or transferred
between the date of registration and polling day, if he or she produces
documentary proof of the scheduled posting or transfer at the time of
registration.
If a member of the military produces documentary proof at
the time of registration of a scheduled discharge between the date of
registration and the first polling day, he or she may apply to receive his or
her ballot at an Absentee Polling Station in the municipality in which he or
she intends to cast a ballot.
A person who is
omitted from the Central Voters Register or who believes his or her voter
information is incorrect, may file a complaint with the Municipal Election
Commission requesting inclusion on the Central Voters Register or correction of
the voter’s information in accordance with Chapter six (6) of this law.
Any citizen shall have
the right to inspect the Central Voters Register and submit a complaint about
invalid or inaccurate entries into the Central Voters Register in accordance
with Chapter 6 of this law.
The Election Commission of Bosnia
and Herzegovina shall establish in its Regulations the method and procedure for
entering of voters into the Central Voters Register who:
1.
apply for registration
for the first time, but whose names are not on the most recent national Census;
2.
reside and submit an
application for registration from outside the territory of Bosnia and
Herzegovina, including procedures for their registration by mail;
3.
are homebound due to
old age, illness or disability;
4.
are prisoners or are confined
to institutions and have the right to vote;
5.
are citizens younger
than eighteen (18) years but above an age defined by the Election Commission of
Bosnia and Herzegovina which permits them to register, but not to be listed in
the excerpt of eligible voters on election day.
Articles referring to citizens above eighteen (18) years of age in this
law will be applied to those having reached the age of registration, except for
the Articles on voting right; and
6.
are citizens of Bosnia
and Herzegovina and will attain eighteen (18) years of age after the deadline
for registering to vote, but by election day.
The Election Commission of Bosnia
and Herzegovina shall establish in its Regulations the content, manner of
keeping, manner of correction, amendment, closing, copying and display of the
Central Voters Register, and in particular, the manner in which additions,
amendments and deletions shall be made based on information provided by the
competent municipal bodies responsible for the registration of voters under
Article 3.1 paragraph 6 of this law.
The Election Commission of Bosnia
and Herzegovina, relevant to Regulations established pursuant to the previous
paragraph, shall regulate the method of entering voters into the Central Voters
Register in those cases where the documentation from the master evidence files
has been destroyed, damaged or removed from the municipalities.
The Election Commission of Bosnia
and Herzegovina shall establish the method and procedure for checking the
accuracy of data in the master evidence files maintained by the competent
municipal bodies and documents submitted by persons requesting to be entered
into the Central Voters Register, shall define the proof of evidence necessary
to establish a person’s permanent or current place of residence and the
deadline by which a voter must have registered to vote in order to vote in a
particular election, and shall prescribe the manner of informing persons who
have attained eighteen (18) years of age about the voter registration
procedure.
In order to be eligible to vote in the forthcoming
election, a citizen of Bosnia and Herzegovina who has the right to vote under
this law and is a refugee or temporarily residing abroad may register to vote
by mail provided that he or she completes and submits an application form to
the Election Commission of Bosnia and Herzegovina. This application must be
received prior to the deadline established by the Election Commission of Bosnia
and Herzegovina. The application form
and relevant instructions shall be designed by the Election Commission of
Bosnia and Herzegovina. The completed
application must be accompanied by applicant's proof of identity as prescribed
by this law and must be signed by the applicant.
A
citizen of Bosnia and Herzegovina who has previously registered to vote by mail
is required to confirm his or her registration for each election by submitting
a confirmation form to the Election Commission of Bosnia and Herzegovina. The Election Commission of Bosnia and
Herzegovina shall regulate the content of the form and the manner of
distribution.
A citizen of
Bosnia and Herzegovina who has registered to vote by mail and who returns to
Bosnia and Herzegovina shall apply to update his or her registration record at
the competent municipal body within the municipality to which this person has
returned. If this person has returned to
Bosnia and Herzegovina prior to the deadline by which a person must be
registered to vote in the next election, he or she shall be assigned to the
appropriate Polling Station and added to the excerpt of the Central Voters
Register for that Polling Station. If
this person has returned to Bosnia and Herzegovina after the deadline by which
he or she must be registered to vote in the next election, this person shall be
allowed to vote by a tendered ballot either at a Polling Station within the
municipality in which he or she is registered to vote or at any other Polling
Station specifically designated for this purpose.
In order to participate in the elections political parties, independent
candidates, coalitions and lists of independent candidates shall certify their eligibility
with the Election Commission of Bosnia and Herzegovina.
In order to be certified for the elections for all bodies of authority
at all levels in Bosnia and Herzegovina, an independent candidate or a
candidate on a political party, list of independent candidates or a coalition’s
candidates list shall meet the following requirements:
1.
the candidate must be
registered to vote for the municipality within the boundaries of the electoral unit in which he or she is
standing for office; and
2.
the candidate may only
run for office in one electoral unit at any level of authority and may appear
only on one political party, coalition or list of independent candidates.
For the purpose of
Chapters 9, 10 and 11 of this law, the electoral unit shall be the multi-member
constituency.
In order to participate in
the elections, a political party must be registered with the competent
authority in accordance with the law.
The application for certification must be accompanied by evidence that
the political party is registered with the competent authority. The political party must apply for
certification under the same name that it registered with the competent
authority.
The application
for certification of a political party or independent candidate must include a
list setting out the name, original signature, and National Identity number of
each registered voter who supports the application of the political party or
independent candidate.
The signature
form shall be prescribed by the Election Commission of Bosnia and
Herzegovina. These forms shall be
pre-printed forms and shall contain, a space for the name of the political
party or independent candidate, and sequential serial numbers. Political parties and independent candidates
shall only collect signatures on the forms assigned to them by the election
commission of Bosnia and Herzegovina.
Other forms submitted by a political party or independent candidate
shall not be accepted.
The signature
form shall also include the name, original signature and National Identity
number of the person(s) who are responsible for collecting the supporter’s
signatures.
In
order to be certified for participation in the elections, a political party must
present to the Election Commission of Bosnia and Herzegovina its application
for participation in the elections, which contains at least:
1.
three thousand (3,000) signatures of registered
voters for the elections for the members of the Presidency of Bosnia and
Herzegovina;
2.
three thousand (3,000) signatures of registered
voters for the elections for the members of the House of Representatives of the
Parliamentary Assembly of Bosnia and Herzegovina;
3.
two thousand (2,000) signatures of registered voters
for the elections for the members of the House of Representatives of the
Parliament of the Federation of Bosnia and Herzegovina or for the members of
the National Assembly of the Republika Srpska;
4.
five hundred (500) signatures of registered voters
for elections for the delegates of the Cantonal Assemblies of the Federation of
Bosnia-Herzegovina;
5.
one hundred (100) signatures of registered voters
for the elections for the Municipal Council/Assembly and for the Mayor in a
municipality when the Mayor is directly elected in which the number of
registered voters in the Central Voters Register in the previous elections did
not exceed ten thousand (10,000) voters, or two hundred (200) signatures for
the election in the municipality in which this number exceeded ten thousand
(10,000) registered voters.
6.
fifty
(50) signatures of voters registered for the election of Municipal
Council/Assembly and for the direct election of the mayor in a municipality in
which the number of registered voters in the Central Voters Register at the
last elections did not exceed a thousand (1000) registered voters.
Except
for the elections for the members of the Presidency of Bosnia and Herzegovina,
a political party shall be exempt from the signature requirement established in
Article 4.4 of this law if a member of this political party holds a mandate in
the same body that the political party applies to certify to stand for office.
For
the purposes of this article the political party shall submit a signed
statement from the elected official that he or she was a member of that
political party at the time that he or she received the mandate and that he or
she is still a member of that party together with the confirmation form.
A political party shall submit its application for certification to the
competent authority no later than one-hundred and forty (140) days before the
date of the elections.
The Election Commission of Bosnia and Herzegovina shall
certify the application of a political party for participation in the elections
if the application meets the requirements as established by this law.
If the Election Commission of Bosnia and Herzegovina identifies
incorrect or incomplete information, it shall notify the applicant thereof, who
shall be bound to correct the information within two (2) days. Upon the expiration of this deadline, the
Election Commission of Bosnia and Herzegovina shall decide whether or not to
certify or reject the application for participation in the elections.
If the Election Commission of Bosnia and Herzegovina rejects the
application, the applicant shall have the right to request the Election
Commission of Bosnia and Herzegovina to reconsider the decision within two (2)
days. The Election Commission of Bosnia and Herzegovina shall make a decision
within three (3) days.
If two (2) political parties have identical names or
names that are so similar that it could cause confusion or mislead a voter, the
Election Commission of Bosnia and Herzegovina shall determine which party has
the right to use the name for the purposes of the elections, taking into
account the date each party registered with the competent court.
In order to be certified for the elections, an independent candidate
must present his or her application for participation in the elections to the
Election Commission of Bosnia and Herzegovina containing at least:
1.
one thousand five hundred (1,500) signatures of
registered voters for the elections for the members of the Presidency of Bosnia
and Herzegovina;
2.
one thousand and five hundred (1,500) signatures of
registered voters for the members of the House of Representatives of the
Parliamentary Assembly of Bosnia and Herzegovina;
3.
one thousand (1,000) signatures of registered voters
for the elections for the members of the House of Representatives of the
Parliament of the Federation of Bosnia and Herzegovina or members of the
National Assembly of the Republika Srpska;
4.
two hundred and fifty
(250) signatures of registered voters for the elections for the delegates of
the Cantonal Assemblies of the Federation of Bosnia and
Herzegovina; or
5.
one hundred (100) signatures of registered voters
for the elections for the Municipal Council/Assembly and for the Mayor in the
municipality when the Mayor is directly elected.
6.
fifty
(50) signatures of voters registered for the election of Municipal
Council/Assembly and for the direct election of the mayor in a municipality in
which the number of registered voters in the Central Voters Register at the
last elections did not exceed a thousand (1000) registered voters.
Except
for the signature requirement established for the election for the members of the
Presidency of Bosnia, an independent candidate who holds a mandate in the same
body that he or she is standing for office shall be exempt from the signature
requirement established in Article 4.8 of this law.
An independent
candidate shall submit his or her application for candidacy no later than one
hundred and forty (140) days prior to the election and it shall contain: the
name and surname, address, national identification number, date and signature
of the independent candidate.
The Election
Commission of Bosnia and Herzegovina shall certify the application of an
independent candidate for participation in the elections if the application
meets the requirements as established by this law.
The Election
Commission of Bosnia and Herzegovina shall examine within two (2) days whether the application was submitted in accordance
with this law and certify, reject or request the candidate to correct his or
her application.
If the Election Commission
of Bosnia and Herzegovina identifies incorrect or incomplete information, it
shall notify the applicant thereof, who shall be bound to correct the
information within two (2) days. Upon
the expiration of this deadline, the Election Commission of Bosnia and
Herzegovina shall decide whether or not to certify or reject the application
for participation in the elections.
If the Election Commission of Bosnia and Herzegovina rejects the
application, the applicant shall have the right to request the Election
Commission of Bosnia and Herzegovina to reconsider the decision within two (2)
days. The Election Commission of Bosnia and Herzegovina shall make a decision
within three (3) days.
An independent candidate may not at the same time stand for office as
an independent candidate in more than one electoral unit or run for office on a
political party, list of independent candidates or coalition’s candidates list.
An independent candidate may not withdraw his or her candidacy before
the certification of the election results.
In order to be certified for the elections a political party or
independent candidate must present signatures of support as established in
Articles 4.4 and 4.8 of this law. One
voter may support only one political party or independent candidate on the
signature of support form. The Election
Commission of Bosnia and Herzegovina shall regulate how the signatures of
support shall be checked and verified.
Two (2) or more
certified political parties that choose to form a coalition must submit an application
for certification under one name to the Election Commission of Bosnia and
Herzegovina. If the name of a coalition is identical to or so similar to a
political party or coalition’s name that it could cause confusion or mislead a
voter, the Election Commission of Bosnia and Herzegovina shall determine who
has the right to use the name for the purposes of the elections.
A coalition shall submit its application for
certification no later than one hundred and ten (110) days before the date of
the elections.
The Election Commission of Bosnia and Herzegovina shall
certify the application of a coalition for participation in the elections if it
meets the requirements as established by this law.
If the Election Commission of Bosnia and Herzegovina identifies
incorrect or incomplete information, it shall notify the applicant thereof, who
shall correct the information within two (2) days. Upon the expiration of this
deadline, the Election Commission of Bosnia and Herzegovina shall decide
whether or not to certify or reject the application for participation in the
elections.
If the Election Commission of Bosnia and Herzegovina rejects the
application, the applicant shall have the right to request the Election
Commission of Bosnia and Herzegovina to reconsider the decision within two (2)
days. The Election Commission of Bosnia
and Herzegovina shall make a decision within three (3) days.
A political party that is a member
of a coalition cannot participate as a member of another coalition or as a
separate political party in the same electoral unit.
A coalition shall have the status of
a political party in the electoral process from the day the coalition
application for certification is submitted to until the election results are
certified. A political party that is a
member of a coalition, may not withdraw from the certified coalition until the
election results are certified.
A coalition may keep its previous certified coalition name only if it
consists of the same political parties that comprised the certified coalition
in the previous election.
For
the Municipal Council/Assembly and the Cantonal Assembly elections two (2) or
more certified independent candidates may join together and submit a single candidates
list under one name. The list of
independent candidates shall submit its application for certification no later
than one hundred and ten (110) days before the date of the elections.
The Election Commission of Bosnia and Herzegovina
shall certify the list of independent candidates’ application for participation
in the elections if it meets the requirements as established by this law.
If the Election Commission
of Bosnia and Herzegovina identifies incorrect or incomplete information, it
shall notify the applicant thereof, who shall correct the information within
two (2) days. Upon the expiration of this deadline, the Election Commission of
Bosnia and Herzegovina shall decide whether or not to certify or reject the
application for participation in the elections.
If the Election Commission of Bosnia and Herzegovina rejects the
application, the applicant shall have the right to request the Election
Commission of Bosnia and Herzegovina to reconsider the decision within two (2)
days. The Election Commission of Bosnia
and Herzegovina shall make a decision within three (3) days.
A political party or independent candidate shall enclose government
stamps with its application for certification in the amount determined by the
Election Commission of Bosnia and Herzegovina for every election. The
Certification fee shall be refunded if a political party or independent
candidate wins at least one mandate in the elections or if the application is
rejected. For the purposes of this
article a mandate won by a coalition or independent candidates list shall be
deemed to have been won by each individual political party in the coalition or
each individual independent candidate on the independent candidates list,
regardless of which party in the coalition or which independent candidate on
the list of independent candidates actually received the mandate.
A political party,
coalition, independent candidate or list of independent candidates shall
enclose all the necessary documentation and information as established by this
law with each application in order to certify its participation in the
elections.
The certified political party, coalition or list of independent
candidates shall submit to the Election Commission of Bosnia and Herzegovina
the candidates lists for the election of representatives to the House of
Representatives of the Parliamentary Assembly of Bosnia and Herzegovina and the
candidate(s) for the election of the Members of the Presidency of Bosnia and
Herzegovina.
Candidates lists for elections for all other levels of authority shall
be submitted by the political party, coalition or list of independent
candidates to the competent election commission in the electoral unit where the
political party, coalition or list of independent candidates are certified to
stand for office. After the competent
election commission verifies that the candidates list was submitted in
accordance with law, the election commission shall submit the candidates list
to the Election Commission of Bosnia and Herzegovina for certification.
The certified political party or coalition shall submit a separate
candidates list for each electoral unit.
For the municipal and
cantonal elections the number of candidates on the candidates list of the
political party, coalition or list of independent candidates may be ten percent
(10%) higher than the number of mandates that are to be allocated.
For the multi-member constituencies established in Chapters 9, 10 and
11 of this law the number of candidates on the candidates list of a political
party or coalition may be two (2) higher than the number of mandates that are
to be allocated in that multi-member constituency.
Every
candidates list shall include candidates of male and female gender. The
minority gender candidates shall be distributed on the candidates list in the
following manner. At least one (1) minority gender candidate amongst the first
two (2) candidates, two (2) minority gender candidates amongst the first
five (5) candidates, and three (3)
minority gender candidates amongst the first eight (8) candidates et seq. The number of minority
gender candidates shall be at least equal to the total number of candidates on
the list, divided by three (3) rounded up to the closest higher integer.
The
candidates lists for the House of Representatives of the Federation of Bosnia
and Herzegovina, the President and Vice Presidents of Republika Srpska, and the
National Assembly of Republika Srpska and
the Mostar City Council shall indicate to
which constituent people, or the group of Others, the candidates declare to
belong.
The candidates list shall contain the name, surname, address of
permanent residence, national identification number and signature of each
candidate, signature of the president of the political party or presidents of
the political parties in the coalition.
The name of a
candidate on a political party, coalition or independent candidates list may
not be withdrawn after the candidates list is certified by the Election
Commission of Bosnia and Herzegovina. If
the candidate is incapacitated or rejects the mandate after the election
results are certified by the Election Commission of Bosnia and Herzegovina, the
name of the candidate shall be removed from the candidates list and the mandate
shall be allocated in accordance with Article 9.11, except for lists in cantons
and municipalities which shall be allocated in accordance with Article 12.5. The candidate, or in the event that the
candidate is incapacitated, his or her representative must submit the rejection
of the mandate in writing to the Election Commission of Bosnia and
Herzegovina. A candidate may not
withdraw his or her candidacy before the certification of the election results.
Political parties, lists of
independent candidates and coalition’s candidates lists must be submitted to
the competent election commission referenced in Article 4.18 of this law no
later than ninety-five (95) days prior to the elections.
The competent election commission referenced in Article 4.18 of this
law shall submit to the Election Commission of Bosnia and Herzegovina the
political party, the independent candidates lists and the coalition’s
candidates list no later than eighty-five (85) days prior to the elections.
No later than twenty (20) days after a candidates list has been
submitted to it, the Election Commission of Bosnia and Herzegovina shall review
the candidates list and shall certify or reject candidates on the list. The Election Commission of Bosnia &
Herzegovina shall notify the political party, coalition or list of independent
candidates of any rejected individual candidates. A political party, coalition,
or list of independent candidates shall have five (5) days to correct a
candidates list by replacing candidates or providing further documentation if
requested by the Election Commission of Bosnia and Herzegovina.
If the Election Commission
of Bosnia and Herzegovina further rejects any individual candidates on the
candidates list, the political party, coalition or independent candidates list
shall have the right to request, within two (2) days of the rejection, the
Election Commission of Bosnia and Herzegovina to reconsider the decision. The
Election Commission of Bosnia and Herzegovina shall make a decision within
three (3) days.
From the expiration of the deadline for submission of the candidates
lists until the mandate of the body expires, the political party, coalition or
list of independent candidates may not amend the candidates list.
The Election Commission of Bosnia
and Herzegovina shall keep the record of the applications for certification for
participation in the elections.
All changes of data kept in the record of applications
for certification for participation in the elections shall be reported to the
Election Commission of BiH by a political party, coalition, independent
candidate and list of independent candidates within ten (10) days of the date
of the change.
After the
certification of the submitted candidates lists the Election Commission of
Bosnia and Herzegovina shall publish a list of candidates with the names of the
certified political parties, coalitions, independent candidates and lists of
independent candidates for each election in the sequence of the lottery number
resulting from the lottery established in Article 5.15 of this law. The lists
of candidates shall be published no later than forty-five (45) days before the
election day in the official gazettes. The candidates lists shall also be
posted at the Polling Stations and published in the media.
Each political
party and coalition certified to submit candidates for the House of
Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, the
House of Representatives of the Parliament of the Federation of Bosnia and
Herzegovina, or the National Assembly of the Republika Srpska shall submit a list
of candidates for compensatory mandates to the Election Commission of Bosnia
and Hercegovina. Such list shall be submitted for each of the bodies listed
above for which the political party or coalition is certified, within
five (5) days of the date of certification of the candidates’ lists, as per
Article 4.21 of this Law.
The list of
candidates for compensatory mandates shall include only the names of candidates
already included on the regular candidates lists submitted by the political
party or coalition for one or more multi-member constituencies. Candidates on a
list of candidates for compensatory mandates may be from the list of any
multi-member constituency within the same entity and at the same electoral
level. Lists of candidates for compensatory
mandates shall comply with paragraph four of Article 4.19.
Lists of candidates
for compensatory mandates shall not be published on the ballot, but shall only
be used for purposes of awarding compensatory mandates pursuant to Articles 9.8,
10.6, and 11.6. The lists shall be published by the Election Commission of
Bosnia and Herzegovina in the Official Gazette of Bosnia and Herzegovina.
Voting
shall be conducted at Polling Stations,
unless provided otherwise by this law.
The Polling
Stations shall be designated by the Municipal Election Commission no later than
sixty five (65) days before the election day. The Municipal
Election Commission, immediately after designating the Polling Stations, shall
submit a list of the locations of the Polling Stations to the Election
Commission of Bosnia and Herzegovina.
The Election Commission of Bosnia and Herzegovina may change the
location of a Polling Station if it determines that the location is not an
appropriate location for polling.
A
Polling Station may not be located in a place of worship, a government
building, a building which is owned by or is the seat of a political party, or
a building that has been used as a place of torture or abuse, or premises in
which alcohol is served and consumed.
Each Polling
Station shall be designated by a serial number.
The Municipal
Election Commission shall publicise, no later than fifteen (15) days before the
election day, which Polling Stations have been designated for voting and where
the voters will cast their votes.
A Polling Station
shall be designated in accordance with the number of voters, which should not be greater than one
thousand (1000), taking into consideration the distance of voters from the
Polling Station.
The room designated for polling shall have special space which ensures
the secrecy of ballot.
The Municipal Election Commission shall ensure, in a timely manner, that
the premises designated to be a Polling Station are prepared and open during
the time specified for the voting.
For the purposes of this law, “Polling Station and surrounding area”
shall include the area within fifty (50) metres of the entrance of a building
in which a Polling Station is located.
The Municipal Election Commission, as directed by the Election
Commission of Bosnia and Herzegovina, shall deliver, no later than twelve (12)
hours prior to the opening of polling stations on election day, the polling
material to the Polling Station Committee, including the required number of
ballot boxes, the required number of ballots, the required number of candidates
lists, the excerpt from the Central Voters Register for a specific Polling
Station, and the form of the Polling Station committee Poll Book.
The Polling Station Committee shall be responsible for security of the
polling material from its receipt until the Polling Station Committee has
completed all its duties after the close of the Polling Station, and polling
materials have been delivered to the Municipal Election Commission, in
accordance with this law.
On the day prior to the election day, the Polling Station Committee
shall determine whether the electoral material has been received for the
specific Polling Station as complete and in an orderly condition and whether
polling can commence.
If the conditions from the previous paragraph have not been met, the
Polling Station Committee shall inform the Municipal Election Commission, which
is bound to correct and remove all noticed shortcomings brought to its
attention related to the delivery of the election material.
The Election Commission of Bosnia and Herzegovina shall provide to the
Polling Station Committee a sufficient number of ballots, which shall include a
number of extra ballots in addition to the number of ballots needed for voters
of that Polling Station according to the excerpt from the Central Voters
Register. The manner in which all ballots issued to a Polling Station are
accounted for shall be defined in Regulations issued by the Election Commission
of Bosnia and Herzegovina.
The number of
ballots received and distributed to Polling Stations shall be verified by the
competent Municipal Election Commission in accordance with Regulations issued
by the Election Commission of Bosnia and Herzegovina.
The Election Commission of Bosnia and Herzegovina shall issue
Regulations for the control of ballots.
All members of the Polling
Station Committee or their deputies must attend the entire process of voting,
including establishment of voting results.
The
President of a Polling Station Committee, together with the other members of
the Polling Station Committee, shall take care of order at the Polling Station
and the surrounding area. If order at a Polling Station is breached, the
President of a Polling Station Committee may require assistance by the police.
Voting shall be suspended while police are present at the Polling Station.
The President of a Polling
Station Committee may expel from the Polling Station and surrounding area any
person disrupting order at the Polling Station. Any expulsion from the Polling
Station shall be recorded in the Polling Station Poll Book. The Polling Station Committee shall decide on
expulsion of an observer accredited under Chapter 16 of this law.
It is not allowed to carry
weapons or dangerous objects at the Polling Station and surrounding area,
except for police officers in cases referred to in paragraph 1 of this article.
It is not allowed to bring to the Polling Station and the surrounding
area political insignia and symbols.
A Poll Book shall be
kept during the voting process. The Poll Book is a written document in which
information related to voting and other events occurring at the Polling Station
and the surrounding area, from the opening of the Polling Station until the
establishing of the voting results, is recorded. The form of the Poll Book shall be regulated
by the Election Commission of Bosnia and Herzegovina. The following information shall be recorded
in the Poll Book:
1.
a list of all election
material and the quantities thereof delivered to the Polling Station;
2.
a list of all accredited
observers at the Polling Station;
3.
observations on all
important events occurring at the Polling Station; and
4.
all information
required by this law to be recorded in the Poll Book.
A member of the
Polling Station Committee, a voter or an accredited observer may enter his or
her opinion or objections to the voting process in the Poll Book and sign it
personally. If the person has not signed
the Poll Book personally then his or her opinion or objections will not be
considered.
Before
the polls open, and in the presence of accredited observers, the Polling
Station Committee in the composition as foreseen in the Article 5.5 of this law shall:
1.
display the empty
ballot boxes and seal them;
2.
count and record on
the appropriate forms the total number of voters for the Polling Station based
on the excerpt from the Central Voters Register; and
3.
count and record on
the appropriate forms the total number of all ballots received by the Polling
Station.
Voting shall last continuously during the day commencing at 0700 hours
and ending at 1900 hours. If there is a disturbance of the order, the President of the Polling Station
Committee may interrupt the polling until order is restored. The reasons and
causes of the interruption of polling shall be entered into the Poll Book of
the Polling Station Committee.
The Polling Station shall close at 1900 hours. Voters who are in line at the Polling Station
at the time of closing shall be allowed to cast their vote.
If the polling was interrupted
because of the disturbance of order for three (3) hours or less, the polling
shall be prolonged for the period of the interruption, which shall be decided
by the President of the Polling Station Committee. If the interruption is more
than three (3) hours, then the Municipal Election Commission shall decide the
length of time for which polling shall be prolonged.
If the Polling Station is not opened on time, the voting in that
Polling Station may be extended by the length of time which the delay lasted if
the delay is three (3) hours or less. If the delay is more than three (3)
hours, then the Municipal Election Commission shall decide the length of time
for which voting shall be extended.
The
Election Commission of Bosnia and Herzegovina and the competent authorities
responsible for the conduct of elections shall ensure that the voting shall be
secret and shall be conducted in person, by the way of a ballot.
Members
of the Polling Station Committee shall explain to the voter the manner of
polling and ensure secrecy of the voting.
Members
of the Polling Station Committee shall not exert influence on the decision of
the voter.
A voter shall cast his or her ballot at the Polling Station where he or
she is entered into the excerpt from the Central Voters Register.
If
a voter has the right to vote in accordance with this law, for his or her 1991
municipality, the voter may vote at an absentee Polling Station.
The president or a member of the Polling Station Committee shall
determine the identity of the voter on the basis of a valid identification
document.
A
valid identification document, in terms of the preceding paragraph, shall be
one of the following which includes a photograph:
identification card;
passport;
driver’s license;
military identification
card;
a valid identification
document issued by a host country; or
a refugee card issued by a
host government or other international agency.
If a voter has changed his or her name, he or she shall be obliged to
present a certificate of name change issued by the competent body, in addition
to one of the above stated identification documents.
A member of the
Polling Station Committee shall be obliged to identify the voter, shall mark
his or her name and surname in the excerpt from the Central Voters Register,
the voter shall sign the excerpt from the Central Voters Register and a member
of the Polling Station Committee shall issue the appropriate ballot(s).
The Election
Commission of Bosnia and Herzegovina shall determine the form of the ballot for
elections at all levels of authority including the Bosnia and Herzegovina,
Entity, the District of Brcko, canton
and
municipal levels.
The ballot shall allow
a voter to vote for only one of the following options:
1.
an independent candidate, if there are any; or
2.
a political party, coalition, or independent
candidates list, if there are any; or
3.
within one list of candidates of one political
party, coalition, or list of independent candidates, the opportunity to mark
one or more candidates on the one list chosen by the voter. Where a voter has
validly marked one or more candidates on one list, the list shall be considered
to have received one valid vote for the purpose of allocating mandates.
A ballot shall
contain only the following elements:
1.
date of the election;
2.
name of the body for which election is being made;
3.
names of political parties, coalitions, lists of
independent candidates and independent candidates in the sequence specified in
the collective list based on the lottery conducted to determine their order on
the ballot, and names of all the candidates; and
4.
instructions on the manner of using and marking the
ballot.
A lottery number shall be drawn for each political party, coalition,
list of independent candidates and independent candidate to determine their
order on the ballot. The lottery number shall be used for the political party
or coalition at every level of elections in which this political party or
coalition appears on the ballot. The Election Commission of Bosnia and
Herzegovina shall publicise the location, date, and time at which the lottery
for ballot order shall be held.
Representatives of political parties, coalitions, lists of independent
candidates, independent candidates, and other accredited observers may attend
the lottery.
A voter shall vote in a
special place which ensures the secrecy of the voting.
A ballot shall be invalid
if:
1.
it is not completed or is completed in such a way
that it is not possible to reliably ascertain for which political party, coalition,
independent candidate, list of independent candidates a voter has cast his or
her vote; or
2.
names of candidates have been added in writing; or
3.
more than one political party, coalition, or
independent candidate or list of independent candidates has been marked; or
4.
the voter can be identified based on markings added
by the voter to the ballot, such as a signature; or
5.
the voter marks the ballot in a manner other than as
provided by Article 5.14.
If a voter cannot be
found on the excerpt from the Central Voters Register because the voter
registered to vote out of country and has returned to vote in person in Bosnia
and Herzegovina, the voter’s name will be added to a special form that consists
of all the categories of data as the excerpt of the Central Voters
Register. The voter will sign the
excerpt of the Central Voters Register, and the voter will have the right to
vote by tendered ballot in accordance with the other provisions of this law.
The voter’s identification
documentation shall be retained until the voter returns the tendered ballot in
the sealed envelope. The voter’s ballot
will be placed in a special envelope by the voter, on which is written
information from which the voter’s right to vote can be verified, and which shall
be sealed before being placed by the voter in the ballot box. After the close
of the polling and after opening the ballot boxes in accordance with this law,
the Polling Station Committee shall count the number of tendered ballots found
in the ballot box and record the number in the Poll Book and shall package and
forward all sealed envelopes to the Municipal Election Commission. The Municipal Election Commission shall
forward the packages of sealed envelopes from each Polling Station in the
municipality to the Election Commission of Bosnia and Herzegovina. The Election Commission of Bosnia and
Herzegovina shall confirm that the voter is registered to vote out of country
and the voter’s right to vote before the envelope is opened and the ballot is
counted. If it cannot be confirmed that
the voter is registered to vote out of country and has the right to vote, then
the envelope shall not be opened or counted.
Upon request of voters who are blind, illiterate or bodily
incapacitated, the President of the Polling Station Committee shall approve the
procedure wherein another person, selected by the voter concerned, may assist
the voter in signing the excerpt from the Central Voters Register, and casting
his or her ballot.
The helping person may not be a member of the Polling Station
Committee, an accredited observer, or an observer of a political party,
coalition, list of independent candidate or independent candidate.
The person helping the voter shall print his or her name and sign the
excerpt from the Central Voters Register next to the name of the voter whom he
or she assisted. The person helping the
voter does not need to be a registered voter.
A person may, in terms of
Paragraphs 1 and 2 of this article, help only one voter.
A citizen of Bosnia and Herzegovina who has the right to vote and is
abroad shall have the right to vote by mail.
The Election Commission of Bosnia and Herzegovina shall regulate the
manner and procedure of voting by citizens by mail.
The Election Commission of Bosnia and Herzegovina shall establish
Regulations for voting by citizens of Bosnia and Herzegovina who have the right
to vote and are homebound due to old age, illness or disability, or are
prisoners or confined to institutions.
The Election Commission
of Bosnia and Herzegovina shall establish Regulations for counting ballots and
establishing the voting results for ballots cast by voters who have voted by
tendered ballots, absentee ballots, ballots cast by prisoners or voters
confined to institutions, and homebound voters unable to come to the Polling
Station due to age, illness or disability, and ballots cast by mail.
All other ballots
shall be counted at the Polling Stations, except where the Election Commission
of Bosnia and Herzegovina determines that ballots should be counted at one or
more centralised counting centres. The
Election Commission of Bosnia and Herzegovina shall establish Regulations for
counting ballots and establishing the results at a centralised counting centre.
The voting results at a centralised counting centre shall be posted at the
counting centre so that the results can be publicly viewed, and the
copies of voting results shall be delivered to accredited observers at the
centralized counting upon their request.
The Election
Commission of Bosnia and Herzegovina shall appoint a director of the
Centralised Counting Centre and three deputies. The director and deputies shall
be from different constituent peoples of Bosnia and Herzegovina and one shall
be a representative of Others. The director and deputies shall be persons
experienced in electoral matters and shall not be active members of any
political party.
Ballots shall be
counted in a manner that would not violate the secrecy of the vote.
When ballots are counted at
the Polling Station, after completion of the voting process and closure of the
Polling Station, the Polling Station Committee shall start establishing the
voting results.
The Polling Station Committee shall count first unused and
spoiled ballots and put them into separate packages to be sealed.
The Polling Station Committee shall then count separately, the number
of voters who signed the excerpts from the Central Voters Register, the number
of voters who signed the special form described in Article 5.18 of this law,
and the total number of voters who appeared at the Polling Station to vote, and
shall record this information on the appropriate forms. The Polling Station
Committee shall then open ballot boxes one by one, and count the total number
of tendered ballot envelopes, if applicable, and the total number of regular
ballots contained in the ballot box. The
Polling Station Committee shall then count the number of valid votes cast for each
political party, coalition, list of independent candidates, independent
candidate, and the number of votes for each candidate on a candidates’ list,
and the number of invalid ballots.
After the close of an absentee Polling Station, the Polling Station
Committee shall classify the ballots according to municipalities for which the
voters voted, and forward them to the competent
Election Commissions. The
Election Commission of Bosnia and Herzegovina shall regulate the manner and
procedure of classifying the ballots according to the Municipalities as well as
their forwarding to the competent Election Commissions.
Except in the case in which the Election Commission of Bosnia and
Herzegovina determines that the count shall be fully or partly conducted in
counting centres in accordance with Article 5.22 paragraph 2 of this law, the
following information shall be recorded on the appropriate forms by the Polling
Station Committee after the close of the Polling Station and the counting
procedures have been completed:
1.
the total number of all ballots cast;
2.
the total number of valid votes cast for each
political party, coalition, list of independent candidates and independent
candidate;
3.
the total number of votes for each individual
candidate on a candidates list;
4.
the total number of invalid ballots, stating
separately the number of ballots that are invalid because they are blank and
the number of ballots that are invalid due to markings;
5.
the total number of spoiled ballots;
6.
the total number of tendered ballots contained in
the ballot box if appropriate; and
7.
the total number of unused ballots.
The Polling Station
Poll Book and the appropriate forms shall be signed by all members of the
Polling Station Committee. If a member refuses
to sign, then the President or one of the signing members shall record this and
the reason the member will not sign, and
copies of voting results shall be delivered to accredited observers of
activities of the Polling Station Committee, upon their request.
After the establishment of the voting results, a Polling Station
Committee shall forward immediately to the competent Municipal Election
Commission, and no later than twelve (12) hours after the close of the Polling
Station, the Polling Station Poll Book, the excerpt from the Central Voters
Register, all the special forms described in Article 5.18 of this law, all
tendered ballots, valid ballots, invalid ballots, separately unused and spoiled
ballots, and all other forms required by the Election Commission of Bosnia and
Herzegovina. The President of the
Polling Station Committee shall retain a copy of the report of results.
The President of the Polling Station Committee shall post the voting
results at the Polling Station so that the results can be publicly viewed.
The
Polling Station Committee shall deliver all remaining election materials to the
Municipal Election Commission.
On
the receipt of all the election related documents and materials from the
Polling Station Committees, the Municipal Election Commission shall establish a
consolidated summary of the results of voting within the area of the
municipality for the bodies at all levels of authority at which the elections
were conducted and shall make a report accordingly, which shall be submitted to
the Election Commission of Bosnia and Herzegovina within twenty-four (24) hours
after closing of the polls. The
consolidated summary of results for the municipality shall contain the same
information as required under Article 5.25 of this law. A copy of the consolidated summary of results
shall be retained by the Municipal Election Commission, and shall be
distributed to the other electoral bodies as defined in Regulations of the
Election Commission of Bosnia and Herzegovina.
The Municipal Election Commission shall post the consolidated summary
of the results so that the consolidated summary can be publicly viewed, and copies of
comprehensive voting results shall be delivered to accredited observers of
activities of the Municipal Election Commission, upon their request.
While establishing the election results for the bodies at each level of
authority, the Election Commission of Bosnia and Herzegovina shall take into
account a ballot cast by mail by a voter abroad, provided the ballot is
delivered to the Election Commission of Bosnia and Herzegovina by postal
authorities by a time and date to be determined by the Election Commission in
its regulations. In order to be
acceptable, the ballots are to be postmarked by election day.
By mail ballots that are not delivered in compliance with the previous
paragraph shall not be counted.
In order for a timely delivered by mail ballot to be counted, it must be
returned by a voter who has been determined to be properly registered to vote
by mail, sealed in the ballot envelope to ensure secrecy of the person’s vote,
and accompanied by a copy of an identification document described in Article
5.12 of this law.
The Election Commission of Bosnia and Herzegovina shall establish
Regulations for the validation of the election results.
The Election Commission of Bosnia and Herzegovina shall establish,
within a period of time as determined by its Regulations, the election results
for the bodies at all levels of authority.
The Election Commission of Bosnia and Herzegovina shall provide in its
Regulations the order of establishing the election results for the bodies of
authority at every level, the time lines for the establishment of the election
results, the manner of making the detailed tabulation of results available to
the public and announcing the election results.
The detailed tabulation of election results, without violating the
secrecy of the vote required by Article 5.10, shall include results at the
polling station level.
After the announcement of
the election results by the Election Commission of Bosnia and Herzegovina, a
Municipal Election Commission, a certified political party, coalition, list of
independent candidates, or independent candidate may request that a recount of
ballots be conducted by the Election Commission of Bosnia and Herzegovina in
specified electoral units in which the political party, coalition, list of independent
candidates, or independent candidate stood for election. An accredited observer
may request that a recount of ballots be conducted by the Election Commission
of Bosnia and Herzegovina in a Polling Station at which the observer observed.
A certified political party, coalition, list of independent candidates,
independent candidate, or observer may also request that a recount of ballots
be conducted by the Election Commission of Bosnia and Herzegovina of absentee
ballots, ballots cast outside Bosnia and Herzegovina or tendered ballots.
A group of fifty (50) or more voters who voted at the same Polling
Station may request that a recount of ballots be conducted by the Election
Commission of Bosnia and Herzegovina in the Polling Station at which they
voted.
A Municipal Election Commission may request that a recount of ballots
be conducted by the Election Commission of Bosnia and Herzegovina in a Polling
Station in its municipality.
The Election Commission of Bosnia and Herzegovina shall consider a
request for recount if the request meets each of the following
requirements:
1.
the request is in writing and signed by the
accredited observer, group of fifty (50) or more voters who voted at the same
Polling Station, independent candidate,
president of the political party, leaders of the list of independent
candidates, any of the presidents of political parties which formed a coalition
or a majority of the members of the Municipal Election Commission;
2.
the request states with specificity the facts which
justify a recount, including the specific articles of this law which were
disregarded or violated;
3.
the request states with specificity the approximate
number of ballots believed to have been affected;
4.
the request states how the results would have been affected
by the violation of this law, and
5.
the request is presented to the Election Commission
of Bosnia and Herzegovina within three (3) days of the date the Election
Commission of Bosnia and Herzegovina announced the election results.
The Election Commission of Bosnia and Herzegovina may order a recount,
on its own initiative, even if no request for recount has been made under
paragraph 1 of this article or if the request for recount has been deemed
invalid under paragraph 3 of this article.
The Election Commission of Bosnia and Herzegovina shall order a recount
if it is established that this law was violated and the violation affected the
allocation of mandates.
In the event the Election Commission of Bosnia and Herzegovina orders a
recount of the ballots, it shall specify the ballots which shall be the subject
of the recount and the dates, locations, and procedures for the recount. Candidates of the political parties,
coalitions, lists of independent candidates and independent candidates
appearing on the ballot for which a recount is being conducted, and other
accredited observers may be present for the recount.
After completion of a
recount of ballots, the Election Commission of Bosnia and Herzegovina shall
establish the election results for the bodies of authority at all levels.
The
protection of the electoral right is secured by the election commissions, the
Election Complaints and Appeals Council and the Appellate Division of the Court
of Bosnia and Herzegovina.
Any individual, political party or coalition who has a
legal interest, or whose right established by this law was violated, can file a
complaint with the competent authority no later than three (3) days after the
violation occurred, except as otherwise provided by law.
The competent authority may, upon receiving
information concerning the violations, initiate a procedure by virtue of its
authority against a political entity and employees of the election
administration because of the violations of the code of conduct stipulated by
Article 7.3 of this Law.
The
initiative for the procedure, in the terms of the previous Paragraph, may be launched
by any person (a citizen, the police, a non-governmental organization) through
the competent Municipal Election Commission, in a written form, where
information on the place, the time, the content of the violation and the name
of the perpetrator shall be mandatory information.
The complaint shall be filed in writing. It shall contain a brief description of the
violation and evidence that confirms the allegations of the complaint. The complaint also must be signed by the
complainant. If the complainant is a political party or a coalition, it shall
be signed by the President or the authorised representative of the political
party or the coalition.
The complaint
shall be sent to all parties who are named. The parties named in the complaint
shall have the opportunity to respond in writing within forty-eight (48) hours
after receiving the complaint. The authorised bodies may order a hearing of the
parties.
The Election Commission of Bosnia and Herzegovina shall
establish Rules of Procedure for adjudicating complaints filed with any
election commission.
The
Municipal Election Commission shall have first instance competence in all
matters in its municipality that are not expressly allocated to the Election
Complaints and Appeals Council pursuant to Article 6.6.
It shall adjudicate the complaint and make a decision no
later than forty-eight (48) hours from the expiration of the deadline referred
to in Article 6.3 paragraph 2 of this law. It shall immediately notify the
complainant and the other parties of the decision.
It shall reject a complaint filed by a person who is not
entitled to do so under Article 6.2 of this law or a complaint which is not
submitted in a timely manner.
Municipal Election Commissions may order corrective
actions to be taken to remedy complaints as established in Articles 6.4 of this
law, which shall include but are not limited to the adding or deleting a
voter(s) name from the Central Voters Register, removing an individual from the
voter registration staff or Polling Station Committee, correcting its own
decision or a decision of a lower level body or ordering an individual or party
to halt activities that are in violation of this law.
The Election Complaints and Appeals
Council is a body established by this law, which shall have first instance
competence on:
1.
violations of the
Rules of Conduct as established in Chapter 7 of this law, excluding violations
of Chapter 7 of this law that occur at Polling Stations, and
2.
violations of the
rules established in Chapter 15 of this law.
The Election Complaints
and Appeals Council shall be competent to adjudicate appeals against decisions
of Municipal Election Commissions regarding violations of the code of conduct
at a Polling Station stipulated by Chapter 7 of this Law.
If a complaint or appeal is
submitted to the Election Complaints and Appeals Council and it is not within
its competence, then the Election Complaints and Appeals Council shall refer
the complaint or appeal to the Election Commission of Bosnia and Herzegovina or
the competent Municipal Election Commission.
If a complaint or appeal is manifestly ill founded, the
Election Complaints and Appeals Council may refuse to hear the complaint or
appeal by a vote of at least three (3) members.
A complaint or an appeal shall be undoubtedly unfounded when
allegations from the complaint or the appeal are obviously contradicting the
facts.
The decisions of all election commissions
may be appealed to the Election Commission of Bosnia and Herzegovina, except
when violations have been alleged of the Rules of Conduct established under
Chapter 7 of this law that occur at the Polling Station. These decisions shall
be appealed to the Election Complaints and Appeals Council pursuant to Article
6.6.
An appeal shall be submitted no
later than forty-eight (48) hours upon the receipt of the decision. Rules
established in article 6.3 of this law for complaints are also applicable to
all appeals.
When adjudicating an appeal the
Election Commission of Bosnia and Herzegovina and the Election Complaints and
Appeals Council may proceed on the facts established or conduct hearings. The Election Commission of Bosnia and
Herzegovina and the Election Complaints and Appeals Council may allow parties
to present additional evidence or base their decisions on the written record of
the lower commissions.
When a complaint that alleges
violations of the Rules of Conduct established in Chapter 7 of this law or
violations of the rules established in Chapter 15 of this law is filed directly
with the Election Commission of Bosnia and Herzegovina, the Election Commission
of Bosnia and Herzegovina shall refer the complaint to either the Election Complaints
and Appeals Council or the competent Municipal Election Commission.
The
Election Complaints and Appeals Council shall consist of five (5) members: one Croat member, one Bosniac
member, one Serb member, one representative of Others and a member from the
Election Commission of Bosnia and Herzegovina. Except in the case regulated by
Article 18.2 of this law, the members of the Election Complaints and Appeals
Council shall be selected by the Election Commission of Bosnia and Herzegovina from
amongst judges or legal experts with the appropriate expertise and experience
in the administration of elections. The President of the Election Complaints
and Appeals Council shall be selected by the Election Commission of Bosnia and
Herzegovina from amongst its members.
The President of the
Election Complaints and Appeals Council may not also at the same time be the
President of the Election Commission of Bosnia and Herzegovina. The President of the Election Complaints and
Appeals Council may not participate when the Election Commission of Bosnia and
Herzegovina reviews a decision of the Election Complaints and Appeals Council.
Members
of the Election Complaints and Appeals Council shall be elected for a five (5)
year term and may not be elected more than twice consecutively.
Article
2.1 paragraph 2 and Article 2.8 shall apply to the members of the Election
Complaints and Appeals Council. However, the Election Commission of Bosnia and
Herzegovina shall have the authority to revoke the immunity of a member of the
Election Complaints and Appeals Council.
The Election Complaints and Appeals Council shall have
the authority to prohibit an individual from working in a Polling Station, Voter
Registration Centre, or Municipal Election Commission or other election
commission established in Article 2.21 of this law.
The Election Complaints and Appeals Council shall have
the authority to impose the following penalties subject to the approval of the
Election Commission of Bosnia and Herzegovina:
1.
fines not to exceed ten thousand (10,000)
convertible marks;
2.
removal of a candidate from a candidates list when
it is determined that the candidate was personally responsible for the
violation; and
3.
de-certification of a political party, coalition,
list of independent candidates or independent candidate(s).
The Election Complaints and Appeals
Council shall set forth the legal and factual basis for its decision in a
written decision and shall notify all interested parties. Decisions of the
Election Complaints and Appeals Council shall be published and the decisions
shall be final and binding except as provided for in Article 6.6 of this law.
The Election Complaints and Appeals
Council shall regulate, in its Rules of Procedure, the manner of decision
making, adopting and publishing of its decisions. These Rules of Procedure
shall be adopted by consensus of the Council subject to the approval of the
Election Commission of Bosnia and Herzegovina.
The Election Commission of Bosnia
and Herzegovina shall have the authority when deciding complaints or appeals to
order remedial action to be taken by an election commission, a Voter
Registration Centre or a Polling Station Committee. The Election Commission of
Bosnia and Herzegovina shall also have the authority to impose the following
penalties:
1.
fines not to exceed ten thousand (10,000)
convertible marks;
2.
removal of a candidate from a candidates list when
it is determined that the candidate was personally responsible for the
violation;
3.
de-certification of a political party, coalition,
list of independent candidates or independent candidate(s); and
4.
prohibit an individual from working in a Polling Station,
Voter Registration Centre, or Municipal Election Commission or other election
commission established in Article 2.21 of this law.
If an election commission or the Election Complaints and Appeals
Council believes that a criminal act has been committed concerning the
electoral process, it shall report the act to the competent Public Prosecutor,
in accordance with the laws of the Entities and the District of Brcko.
When submitting the report, the election commission or the Election
Complaints and Appeals Council shall also refer to the evidence that is known
to it, as well as undertake the necessary measures to preserve the traces of
the alleged criminal act, objects with regards to which or by the means of
which the alleged criminal act has been committed and other evidence.
The
Appellate Division of the Court of Bosnia and Herzegovina shall be competent to
hear appeals from a decision of the Election Commission of Bosnia and
Herzegovina or the Election Complaints and Appeals Council. An appeal must be
submitted to the Appellate Division of the Court of Bosnia and Herzegovina no
later than ten (10)
days after a decision is received from the
Election Commission of Bosnia and Herzegovina or by the Election Complaints and
Appeals Council.
Political parties,
coalitions, lists of independent candidates and independent candidates have the
right to:
1. conduct the
election campaign in a peaceful environment;
2. organise and hold
public meetings in which they can freely express their positions in order to
gain support from the voters; and
3. publish and distribute
placards, posters and other materials related to the election campaign.
For the purposes
of public meetings as stated in sub-paragraph (2) of the previous paragraph,
permits from the competent body shall not be required, but the organiser shall
notify the competent body responsible for public order and peace twenty-four
(24) hours prior to holding such an event.
The competent bodies
are obliged to ensure equitable treatment of political parties, coalitions,
lists of independent candidates and independent candidates in their requests to
use public places and public facilities for campaign purposes, including
holding meetings, display of notices, placards, and posters and other materials
which have such purpose.
It is forbidden to remove,
cover, destroy or alter any printed notice, placard, poster or other materials,
which are in accordance with the law and are used for the purpose of election
campaigning by political parties, coalitions, list of independent candidates,
or independent candidates.
Competent bodies shall
not allow political parties, coalitions, list of independent candidates and
independent candidates to display notices, placards and posters, or to place
their names or slogans related to the election campaign in or on government
buildings, on or above public roads, and on traffic signs.
Candidates and supporters of political parties, lists of independent
candidates, and coalitions, as well as independent candidates and their
supporters, and election administration officials are not allowed to:
1.
carry or display weapons at political meetings,
Polling Stations and the surrounding area, or during any gatherings related to
the activities of political parties, coalitions, list of independent candidates
and independent candidates in the election process;
2.
disturb gatherings of other political parties,
coalitions and independent candidates, as well as to incite others to conduct
such activities;
3.
prevent journalists from carrying out their duties, in
accordance with the rights of their profession and the election rules;
4.
promise any financial reward with the purpose of
gaining support of voters, or to threaten supporters of other political
parties, coalitions, list of independent candidates or independent candidates;
5.
induce a person to vote who does not have the legal
right to vote;
6.
induce a person to vote more than once in the same
election, or to vote in the name of another person; or
7.
use language which could provoke or incite someone
to violence or spread hatred, or to publish or use pictures, symbols or any
other materials that could have such effect.
Impersonating any
political party, coalition, list of independent candidates or independent
candidate is prohibited.
Commencing twenty-four (24) hours prior to opening
of the Polling Stations, and until they close, political parties, coalitions,
list of independent candidates and independent candidates are prohibited from
engaging in public political activity, which includes but is not limited to:
1.
holding meetings for the purpose of election
campaigning;
2.
presenting at the Polling Station and the
surrounding area, any kind of materials for the purpose of influencing voters;
3.
making use of the local or international media for
the purposes of influencing voters; and
4.
using megaphones or other public address systems for
the purpose of influencing voters
5.
any activity that interferes with or obstructs the
election process.
The members of the Presidency of Bosnia and Herzegovina directly
elected from the territory of the Federation of Bosnia and Herzegovina – one
Bosnian and one Croat shall be elected by voters registered to vote for the
Federation of Bosnia and Herzegovina. A voter registered to vote in the
Federation may vote for either the Bosnian or Croat Member of the Presidency,
but not for both. The Bosnian and Croat member that gets the highest number of
votes among candidates from the same constituent people shall be elected.
The member of the Presidency of Bosnia and Herzegovina that shall be directly elected from the territory
of RS - one Serb shall be elected by voters registered to vote in the
Republika Srpska. Candidate who gets the
highest number of votes shall be elected.
The mandate for the members of the Presidency of Bosnia and Herzegovina
shall be four (4) years.
The “ticket”, for the purposes of this chapter, shall consist of the
name of the candidate for the member of the Presidency.
The Chair of the
Presidency of Bosnia and Herzegovina shall be changed every eight (8) months by
the principles of rotation among the members of the Presidency.
If a Member of the Presidency vacates his or her office for any reason,
or is unable to permanently or temporary carry out his or her functions due to
incapacitation, then the Member’s replacement for the Presidency shall succeed
to the office of Presidency held by the Member in accordance with the Law on
Filling a Vacant Position of the Presidency of Bosnia and Herzegovina during
the mandate (Official Gazette BiH No. 21/00).
A Member of the Presidency who misses one-third (1/3) of the regularly
scheduled meetings of the Presidency, over a period of twelve (12) months,
shall be deemed to have resigned.
Mandate of a new member of the Presidency shall be
completed when the mandate of the replaced member would be completed. The new Member
of the Presidency shall assume the rights, duties, and responsibilities of the
Member of the Presidency he or she succeeds to, including Chairmanship of
sessions of the Presidency.
It shall require
a decision of the Constitutional Court of Bosnia and Herzegovina to determine
that a Member of the Presidency is unable to permanently carry out his or her
functions due to incapacitation.
The
Constitutional Court of Bosnia and Herzegovina may decide that a Member of the
Presidency is unable to carry out his or her functions due to temporary
incapacitation.
In the event that
a Member of the Presidency is unable to carry out his or her functions due to
temporary incapacitation, as determined under paragraph 1 of this article, then
the Member’s replacement shall assume the rights, duties, and responsibilities
of the incapacitated Member of the Presidency until a decision is made by the
Constitutional Court of Bosnia and Herzegovina that this Member is no longer
temporarily incapacitated.
The way of election of the delegates to the House of Peoples of the Parliamentary
Assembly of Bosnia and Herzegovina is regulated in the provision of the Article
19.16.
The House of Representatives of the Parliamentary
Assembly of Bosnia and Herzegovina shall consist of forty-two (42) members,
twenty-eight (28) of whom shall be directly elected by voters registered to
vote for the territory of the Federation of Bosnia and Herzegovina, and
fourteen (14) of whom shall be directly elected by voters registered to vote
for the territory of the Republika Srpska.
The mandate of members of the House of Representatives of the
Parliamentary Assembly of Bosnia and Herzegovina shall be four (4) years.
Of the twenty-eight (28) members who shall be directly elected by
voters registered to vote for the territory of the Federation of Bosnia and
Herzegovina, twenty-one (21) shall be elected from multi-member constituencies
under the proportional representation formula set forth in Article 9.6 of this
law, and seven (7) shall be compensatory mandates elected from the territory of
the Federation as a whole according to Article 9.7 of this law.
Of the fourteen (14) members who shall be directly elected by voters
registered to vote for the territory of the Republika Srpska, nine (9) shall be
elected from multi-member constituencies under the proportional representation
formula set forth in Article 9.6 of this law, and five (5) shall be
compensatory mandates elected from the territory of the Republika Srpska as a
whole according to Article 9.7 of this law.
A voter shall have one
ballot for the proportional representation mandates in the multi-member
constituency for which the voter is registered.
The twenty-one (21)
mandates from five (5) multi-member constituencies for the House of
Representatives for the Parliamentary Assembly of Bosnia and Herzegovina, from
the territory of the Federation of Bosnia and Herzegovina, are as follows:
Constituency 1
consists of Cantons 1 and 10, and shall elect three (3) members.
Constituency 2
consists of Cantons 7 and 8, and shall elect three (3) members.
Constituency 3
consists of Cantons 5 and 9, and shall elect four (4) members.
Constituency 4 consists
of Cantons 4 and 6, and shall elect six (6) members.
Constituency 5
consists of Cantons 2 and 3, and Brčko District, and shall elect five (5)
members.
The nine (9) mandates from three (3) multi-member constituencies for
the House of Representatives for the Parliamentary Assembly of Bosnia and
Herzegovina, from the territory of the Republika Srpska, are as follows:
Constituency 1 consists of the municipalities of Bosanska Krupa / Krupa
na Uni, Bosanski Novi / Novi Grad, Bosanska Dubica / Kozarska Dubica, Prijedor,
Bosanska Gradiška / Gradiška, Laktaši, Srbac, Prnjavor, Bosanski Petrovac /
Petrovac, Sanski Most / Srpski Sanski Most, Banja Luka, Čelinac, Drvar /
Srpski Drvar, Ključ / Ribnik, Mrkonjić Grad, Jajce / Jezero, Skender
Vakuf / Kneževo, Kotor Varoš, Šipovo, Kupres / Srpski Kupres and Kostajnica,
and shall elect three (3) members.
Constituency 2 consists of the municipalities of Derventa, Bosanski
Brod / Srpski Brod, Odžak / Vukosavlje, Bosanski Šamac / Šamac, Orašje / Srpsko
Orašje, Modriča, Gradačac / Pelagićevo, Bijeljina, Doboj,
Gračanica / Petrovo, Lopare, Ugljevik and Teslić, and Brčko
District and shall elect three (3) members.
Constituency 3 consists of the municipalities of Kalesija / Osmaci,
Zvornik, Šekovići, Vlasenica, Bratunac, Srebrenica, Sokolac, Han Pijesak,
Ilidža / Srpska Ilidža, Stari Grad Sarajevo / Srpski Stari Grad, Novo Sarajevo
/ Srpsko Novo Sarajevo, Trnovo (RS), Pale (RS), Rogatica, Višegrad, Mostar /
Srpski Mostar, Nevesinje, Kalinovik, Gacko, Foča / Srbinje, Goražde /
Srpsko Goražde, Čajniče, Rudo, Stolac / Berkovići, Ljubinje,
Bileća, Trebinje and Milići, and shall elect three (3) members.
Political parties,
coalitions, and independent candidates, certified in accordance with Chapter 4
of this law, may stand for election in a constituency.
Every
independent candidate for a constituency mandate shall run with a deputy on a
single ticket. The deputy shall have no
authority or power except where the deputy succeeds to the mandate of the
elected candidate as provided in Article 9.10 of this law.
Mandates
are allocated in each constituency in the following manner: For each political party and coalition, the total
number of valid votes received by that political party or coalition shall be
divided by 1, 3, 5, 7, 9, 11, et seq., as long as necessary for the allocation
in question. The numbers resulting from this series of divisions shall be the
“quotients”. The number of votes for an
independent candidates is the quotient for that candidate. The quotients shall be arranged in order from
the highest quotient to the lowest quotient.
Mandates shall be distributed, in order, to the highest quotient until
all the constituency mandates for the body have been distributed.
Political parties,
coalitions, lists of independent candidates and independent candidates cannot
participate in the allocation of mandates if they do not win more than 3% of
the total number of valid ballots in an electoral unit.
Compensatory mandates
shall be allocated in the following manner:
Only political parties
and coalitions may take part in the distribution of compensatory mandates. First, the total number of mandates for the
legislative body to be allocated for the territory of the respective Entity,
reduced by the number of mandates won by independent candidates, is distributed
according to the formula set forth in Article 9.6 of this law.
From the number of
mandates a list of a political party or coalition has won according to this
procedure, the number of mandates won by the same party or coalition, according
to the procedure set forth in Article 9.6 of this law, is deducted. The remaining number is the number of
compensatory mandates the list wins.
If a political party
or coalition receives a negative number of mandates according to the procedure
in the previous paragraph, the political party or coalition keeps the mandates
won in the constituencies, but does not receive any compensatory mandates. In case one or more lists get a negative
number of mandates, the mandates to be distributed according to the procedure
of this article is decreased correspondingly to preserve the correct number of
mandates in the House of Representatives of the Parliamentary Assembly of
Bosnia and Herzegovina elected from the territory of the respective Entity.
Compensatory
mandates won by a political party or coalition according to Article 9.7 of this
law are allocated one by one to unelected candidates on the political party or
coalition’s list of candidates for compensatory mandates, beginning at the top
of the list, until all mandates are distributed or until the list is exhausted.
If
a tie occurs because the quotients are identical in the distribution according
to Articles 9.6, 9.7, and 9.8 of this law, the mandate shall be allocated on
the basis of the drawing of a lot.
Mandates won by a list
shall be distributed first amongst candidates on the list who individually
received at least five percent (5%) of the total number of valid votes received
by that list, these mandates being awarded in the order of the highest number
of votes to the lowest number of votes.
If there are still mandates to be distributed to a list and the
candidates remaining are those who received less than five percent (5%) of the
total valid votes received by that list, then distribution of the mandates
among the remaining candidates from the list will be done according to their
order on the list.
If a political party
or coalition does not have enough eligible candidates on the list to fill seats
allocated to it, the mandate shall be transferred to the party or coalition’s
list in another constituency according to the procedure set forth in Article
9.8 of this law.
If an elected independent
candidate’s mandate terminates in accordance with the provisions of Article
1.10 of this law, then the independent candidate’s deputy shall succeed to the mandate
held by the independent candidate. The
deputy shall complete the mandate of the independent candidate and shall assume
the rights, duties, and responsibilities of the independent candidate. If the deputy is unable to accept or complete
the mandate for any of the reasons set forth in Article 1.10 of this law, then
the mandate shall remain vacant until the next regularly scheduled elections.
If an elected
political party or coalition candidate’s mandate terminates in accordance with the
provisions of Article 1.10 of this law, then the mandate shall be given to the
next candidate from the same constituency list in accordance with Article 9.9
paragraph 2 of this law. A vacancy in a compensatory mandate shall be filled
from the party’s compensatory mandate list.
If there are no more
candidates on the same constituency list, then the mandate shall be given to
the same political party or coalition’s list in another constituency in
accordance with Article 9.9 paragraph 3 of this law. If there are no more candidates remaining on
any list for the political party or coalition, then the mandate shall remain
vacant until the next regularly scheduled elections.
The constituencies and
the number of mandates allocated to each constituency established in this
chapter shall be reviewed every four (4) years by the Parliamentary Assembly of
Bosnia and Herzegovina to ensure that they are drawn, bearing in mind
geographical constraints, in a manner that complies with democratic principles,
notably proportionality between the number of mandates and the number of
registered voters.
In election of the President and Vice- Presidents
of the Federation of BiH, at least one third of the delegates of the
constituent peoples’ caucuses to the House of Peoples of the Federation shall
nominate delegates for the office of the President and Vice-Presidents.
The joint slates for the office of
President and Vice-Presidents of the Federation of BiH shall be formed from
among the candidates referred to in Article 9.13.
The House of Representatives of the
Parliament of the Federation of BiH shall vote on one or several joint slates
composed of three candidates including one candidate from among each
constituent peoples. The slate which receives the majority of votes in the
House of Representatives of the Parliament of the Federation of BiH shall be
elected if it gets majority of votes cast in the House of Peoples of the
Parliament of the Federation of BiH including majority of votes of each
constituent peoples’ caucuses.
If the joint slate presented
by the House of Representatives does not receive the necessary majority in the
House of Peoples, this procedure will be repeated. If in the repeated procedure
the joint slate which receives majority of votes in the House of
Representatives is rejected again in the House of Peoples that joint slate
shall be considered to be elected.
The delegates to the House
of Peoples of the Parliament of the Federation of BiH from the rank of Others
may participate in the election of candidates for the President and Vice-
President. However, on this occasion, no caucus of Others shall be formed and
their vote shall not be counted in calculating the specific majority in the
caucuses of the constituent peoples.
The
mandate of the President and Vice- President shall be for four (4) years provided
that the mandate does not expire earlier.
The House of Representatives of the Parliament of the
Federation of Bosnia and Herzegovina shall consist of ninety eight (98)
members, directly elected by voters registered to vote for the territory of
the Federation of Bosnia and Herzegovina.
The mandate of members of the House of Representatives of the Federation
of Bosnia and Herzegovina shall be four (4) years.
A certain number of members shall be elected from multi-member
constituencies under the proportional representation formula set forth in Article
9.6 of this law. There shall be compensatory mandates from the territory of the
Federation of Bosnia and Herzegovina as a whole according to Article 9.7 of
this law. The House of Representatives of the Parliament of the Federation of
Bosnia and Herzegovina shall determine, based solely on the guidelines set
forth in Article 10.2 of this law, what shall be the number of mandates and
boundaries for multi-member constituencies and the number of compensatory
mandates.
A minimum number of four
(4) members of each constituent people shall be represented in the Federation
House of Representatives.
A
voter shall have one ballot for the proportional representation mandates in the
multi-member constituency for which the voter is registered. This ballot shall also count for the
allocation of compensatory mandates under Article 10.5 of this law.
The House of Representatives
of the Parliament of the Federation of Bosnia and Herzegovina shall determine,
based solely on the guidelines set forth in this article, the number of
mandates and boundaries for multi-member constituencies and the number of
compensatory mandates.
Of the ninety eight (98) mandates for the House of
Representatives of the Parliament of the Federation of Bosnia and Herzegovina,
between twenty-three percent (23%) and twenty-seven percent (27%) shall be
compensatory mandates. The remaining mandates shall be allocated in
multi-member constituencies.
There shall be a minimum of
ten (10) multi-member constituencies. A
multi-member constituency shall have a minimum of three (3) members and
a maximum of fifteen (15) members. The
Brcko District shall be included in one of the multi-member constituencies.
The number of mandates for a
constituency shall be determined as follows: The number of registered voters
for the House of Representatives of the Parliament of the Federation of Bosnia
and Herzegovina, as determined by the Election Commission of Bosnia and
Herzegovina, shall be divided by the total number of constituency mandates to
be allocated. The number of registered
voters for a constituency shall be divided by the quotient resulting from the
previous division to determine the number of mandates to which the constituency
is entitled. Mandates which cannot be
allocated based on whole numbers shall be allocated to constituencies on the
basis of the highest remainders.
Political parties,
coalitions, and independent candidates, certified in accordance with Chapter 4
of this law, may stand for election in a constituency.
Every independent candidate for a constituency mandate shall run with a
deputy on a single ticket. The deputy
shall have no authority or power except where the deputy succeeds to the
mandate of the elected candidate as provided in Article 9.10 of this law.
Mandates are allocated in each multi-member constituency under the
formula set forth in Article 9.6 of this law.
Compensatory mandates shall be allocated under the formula set forth in
Article 9.7 of this law.
A
compensatory mandate won by a political party or coalition according to Article
10.5 of this law is allocated one by one to unelected candidates on the
political party or coalition’s list of candidates for compensatory mandates,
beginning at the top of the list, until all mandates are distributed or until
the list is exhausted.
Unless each
constituent people receives a minimum of four (4) mandates, the later
compensatory mandate(s) shall be given to the candidate(s) of the relevant
constituent people(s) from the compensatory list of the political party or
coalition having received the highest number of votes and having eligible
candidates of the relevant constituent people left on the list.
If
a political party or coalition does not have enough eligible candidates of the
relevant constituent people on its compensatory list to fill the seats
allocated to it, the mandate shall be transferred to the party or coalition’s
list having received the highest number of votes and having such candidates left
on its compensatory list(s). If no candidate from the relevant constituent
people(s) can be found on any compensatory lists, the seat(s) shall be
transferred to the party or coalition’s list having received the highest number
of votes and having such candidates left on another list(s) in accordance with
Article 9.9, paragraph 2 of this law.
If
a tie occurs because the quotients are identical in the distribution according to
Articles 10.4, 10.5, and 10.6 of this law, the mandate shall be allocated on
the basis of the drawing of a lot.
Mandates won by a list
shall be distributed amongst candidates on the list in the manner set forth in
Article 9.9 paragraph 2 of this law.
If
a political party or coalition does not have enough candidates on the list to
fill seats allocated to it, the mandate shall be transferred to the political
party or coalition’s list in another constituency according to the procedure
set forth in Article 9.8 of this law.
If an elected independent
candidate’s mandate terminates in accordance with the provisions of Article
1.10 of this law, then the vacancy shall be addressed in the manner set forth
in Article 9.10 of this law.
If a political party or
coalition candidate’s mandate terminates in accordance with the provisions of
Article 1.10 of this law, then the mandate shall be addressed in the manner set
forth in Article 9.11 of this law.
When allocating
mandates to fill mandates terminated in accordance with article 1.10 of this
law, a minimum representation of four (4) members of each constituent people
shall be ensured.
The following rules will
apply and supersede the solutions specified in Articles 9.10 and 9.11 of this
Law whenever the application of these articles would bring the representation
of a Constituent people below the minimum spelled out in Article 10.1 of this
law:
1.
If an elected independent candidate’s mandate
terminates, then the independent candidate’s deputy shall succeed to the
mandate held by the independent candidate in accordance with Article 10.8 of
this law, provided that the deputy comes from the same constituent people as
the independent candidate.
Should
the deputy not come from the same constituent people, the vacancy shall be
filled from the political party or coalition having received the highest number
of votes in the same constituency and having eligible candidates of the
relevant constituent people left on its list in accordance with article 9.9,
paragraph 2 of this law.
If
the political party or coalition does not have enough eligible candidates on
the list in the same constituency to fill seats allocated to it, the mandate
shall be transferred to the party or coalition’s list having received the
highest number of votes and having such candidates left on its list(s) in any
other constituency in accordance with article 9.9, paragraph 2 of this law.
2.
If an elected political party or coalition candidate’s
mandate terminates, then the mandate shall be given to the next candidate from
the same constituency list and belonging to the same constituent people as the
original candidate in accordance with Article 9.9, paragraph 2 of this law.
Should
there be no more candidates on the same constituency list belonging to the same
constituent people, then the mandate shall be given to the list of the same
political party or coalition in another constituency that received the highest
number of votes, in accordance with Article 9.9, paragraph 2 of this law.
If
there are no more candidates on any of the party or coalition’s lists, then the
mandate shall be given to the political party or coalition from the same
constituency that received the highest number of votes and has eligible
candidate(s) belonging to the same constituent people as the original candidate
on its list, in accordance with Article 9.9, paragraph 2 of this law.
Should
there be no more candidates from the same constituency belonging to the same constituent
people as the original candidate, then the mandate shall be given to the
political party or coalition in any of the constituencies, that has received
the highest number of votes and has eligible candidates belonging to that
constituent people in accordance with Article 9.9, paragraph 2 of this law.
3.
If an elected political party or coalition
candidate’s compensatory mandate terminates, then the mandate shall be given to
the candidate on the same compensatory mandate list who belongs to the same constituent
people in accordance with Article 9.8 of this law.
Should
there be no more eligible candidates belonging to the same constituent people
on the same compensatory mandate list, then the mandate shall be given to the
party or coalition that has received the highest number of votes and that has
an eligible candidate belonging to the same constituent people on its
compensatory mandate list. The mandate shall then be allocated in accordance
with Article 9.8 of this law.
The constituencies and
the number of mandates allocated to each constituency established in this
chapter shall be reviewed every four (4) years by the Parliament of the
Federation of Bosnia and Herzegovina to ensure that they are drawn, bearing in
mind geographical constraints, in a manner that complies with democratic
principles, notably proportionality between the number of mandates and the
number of registered voters.
The
Cantonal Legislature shall elect fifty eight (58) delegates to the House of
Peoples, seventeen (17) from among Bosniaks, seventeen (17) from among Serbs,
seventeen (17) from among Croats and seven (7) delegates from the rank of
Others.
The representatives from among Bosniaks, Croats,
Serbs and Others in each Canton’s Assembly shall elect delegates of their
respective constituent peoples in that Canton.
Each party represented in the respective caucuses of
the constituent peoples and Others or each member of one of these caucuses
shall be entitled to nominate one or more candidates on a list for election of
delegates of that particular caucus from that Canton.
Each list can include a larger number of candidates
than is the number of delegates to be elected on the condition that the
legislature of the Canton has a larger
number of delegates from among Bosniaks, Croats, Serbs and Others than is the
number of delegates from amongst Bosniaks, Croats, Serbs and Others that ought
to be elected to the House of Peoples.
The number of delegates from each constituent people
and group of others to be elected to the House of Peoples from the legislature
of each canton shall be proportionate to the population of the canton as
reflected in the last census. The Election Commission will determine, after
each new census, the number of delegates elected from each constituent people
and from the group of Others that will be elected from each canton legislature.
For each canton, the population figures for each
constituent people and for the group of Others shall be divided by the numbers
1,3,5,7 etc. as long as necessary for the allocation. The numbers resulting
from these divisions shall represent the quotient of each constituent people
and of the group of Others in each canton. All the constituent peoples’
quotients shall be ordered by size separately, the largest quotient of each
constituent people and of the others being placed first in order. Each
constituent people shall be allocated
one seat in every canton. The highest
quotient for each constituent people in each canton shall be deleted from that
constituent peoples‘ list of quotients. The remaining seats shall be allocated
to constituent peoples and to the Others
one by one in descending order according to the remaining quotients on their
respective list.
The election of delegates to the House of Peoples of
the Federation of Bosnia and Herzegovina shall take place as soon as a Cantonal
Assembly convenes after the elections for the Cantonal Assemblies and no later
than one month after validation of the results in accordance with Article 5.29
of this Law.
Each delegate in the Cantonal
Assembly shall cast one vote for a list within his/her appropriate caucus.
The vote shall be cast as a secret
ballot.
The
results of vote shall be communicated to the Election Commission of Bosnia and
Herzegovina for the final allocation of seats. Mandates shall be distributed,
one by one, to the lists or candidate with the highest quotients resulting from
the proportional allocation formula referred to in Article 9.6 of this Law.
When a list wins a mandate, the mandate shall be allocated from the top of the
list.
If the required number of delegates
to the House of Peoples from among each constituent people or from the group of
Others in a given cantonal legislature are not elected then the remaining
number of Bosnian, Croat, Serb or Other delegates shall be elected from the
other canton until the required number of delegates from among each constituent
people is elected.
The Election Commission of BiH shall
re-allocate, immediately after completion of the first round of election of the
delegates to the House of Peoples in all cantons, the seats that cannot be
filled from one canton. The Election Commission of BiH shall re-allocate that
seat to the non-elected candidate who has the highest quotient on all lists
running for the appropriate constituent people or for the others in all
cantons.
If there is a vacancy due to death,
resignation, or permanent incapacitation of a delegate in the House of Peoples
of the Parliament of the Federation of Bosnia and Herzegovina, then the vacancy
shall be filled by the next eligible candidate from the same list which
contained the candidate who died, resigned or is permanently incapacitated.
If there are no remaining candidates
on the list, then the mandate shall be allocated to the non-elected candidate
with the highest quotient from another list running as candidate for the
appropriate constituent people or for the others in the same canton.
If there is no such candidate the
Election Commission of Bosnia and Herzegovina shall re-allocate the seat in accordance
with Article 10.16,
paragraph 2 of this Law.
The mandate of a delegate to the
House of Peoples of the Federation of Bosnia and Herzegovina shall be four (4)
years.
National Assembly of the
Republika Srpska
The National Assembly of the Republika Srpska shall
consist of eighty-three (83) members, who shall be directly elected by voters
registered to vote for the Republika Srpska. A certain number of members shall
be elected from multi-member constituencies under the proportional
representation formula set forth in Article 9.6 of this law. There shall be compensatory mandates from the
Republika Srpska as a whole according to Article 9.7 of this law. The National Assembly of the Republika Srpska
shall determine, based solely on the guidelines set forth in Article 11.2 of
this law, what shall be the number of mandates and boundaries for multi-member
constituencies and the number of compensatory mandates.
A minimum number of four (4) members of each constituent people shall be
represented in the National Assembly of Republika Srpska.
A voter shall
have one ballot for the proportional representation mandates in the
multi-member constituency for which the voter is registered.
The mandate of members of the National Assembly of the Republika Srpska
shall be four (4) years.
The National Assembly of the Republika Srpska shall determine, based
solely on the guidelines set forth in this article, the number of mandates and
boundaries for multi-member constituencies and the number of compensatory
mandates.
Of the eighty-three (83) mandates for the National Assembly, between twenty-three
percent (23%) and twenty-seven percent (27%) shall be compensatory
mandates. The remaining mandates shall
be allocated in multi-member constituencies.
There shall be a
minimum of six (6) multi-member constituencies.
A multi-member constituency shall have a minimum of four (4) members and
a maximum of fifteen (15) members. The Brčko District shall be included in
one of the multi-member constituencies.
The number of
mandates for a constituency shall be determined as follows: The number of registered
voters for the Republika Srpska, as determined by the Election Commission of
Bosnia and Herzegovina, shall be divided by the total number of constituency
mandates to be allocated. The number of registered voters for a constituency
shall be divided by the quotient resulting from the previous division to
determine the number of mandates to which the constituency is entitled.
Mandates which cannot be allocated based on whole numbers shall be allocated to
constituencies on the basis of the highest remainders.
Political parties,
coalitions, and independent candidates, certified in accordance with Chapter 4
of this law, may stand for election in a constituency.
Every independent candidate for a constituency mandate shall run with a
deputy on a single ticket. The deputy
shall have no authority or power except where the deputy succeeds to the
mandate of the elected candidate as provided in Article 9.10 of this law.
Mandates are allocated in each constituency under the formula set forth
in Article 9.6 of this law.
Compensatory mandates shall be allocated under the formula set forth in
Article 9.7 of this law.
A
compensatory mandate won by a political party or coalition according to Article
11.5 of this law is allocated one by one to unelected candidates on the
political party or coalition’s list of candidates for compensatory mandates,
beginning at the top of the list, until all mandates are distributed or until
the list is exhausted.
Unless each
constituent people receives a minimum of four (4) mandates, the later
compensatory mandate(s) shall be given to the candidate(s) of the relevant
constituent people(s) from the compensatory list of the political party or
coalition having received the highest number of votes and having eligible
candidates of the relevant constituent people left on the list.
If
a political party or coalition does not have enough eligible candidates of the
relevant constituent people on its compensatory list to fill the seats
allocated to it, then the mandate shall be transferred to the party or
coalition’s list having received the highest number of votes and having such
candidates left on its compensatory list(s). If no candidate from the relevant
constituent people(s) can be found on any compensatory lists, the seat(s) shall
be transferred to the party or coalition’s list having received the highest
number of votes and having such candidates left on another list(s) in
accordance with Article 9.9, paragraph 2 of this law.
If a tie occurs because the quotients are identical in the distribution
according to Articles 11.4, 11.5, and 11.6 of this law, the mandate shall be
allocated on the basis of the drawing of a lot.
Mandates won by a list shall be distributed amongst candidates on the
list in the manner set forth in Article 9.9 paragraph 2 of this law.
If a political party or
coalition does not have enough candidates on the list to fill mandates
allocated to it, the mandate shall be transferred to the political party or
coalition’s list in another constituency according to the procedure set forth
in Article 9.8 of this law.
If an elected independent candidate’s mandate terminates in
accordance with the provisions of Article 1.10 of this law, then the vacancy
shall be addressed in the manner set forth in Article 9.10 of this law.
If a political party or coalition candidate’s mandate terminates in
accordance with the provisions of Article 1.10 of this law, then the mandate
shall be addressed in the manner set forth in Article 9.11 of this law.
When allocating
mandates to fill mandates terminated in accordance with article 1.10 of this law,
a minimum representation of four (4) members of each constituent people shall
be ensured.
The
following rules will apply and supersede the solutions specified in Article
9.10 and 9.11 of this Law whenever the application of these articles would bring
the representation of a Constituent people below the minimum spelled out in
Article 10.1 of this law:
1.
If an elected independent candidate’s mandate
terminates, then the independent candidate’s deputy shall succeed to the
mandate held by the independent candidate in accordance with Article 11.8 of
this law, provided that the deputy comes from the same constituent people as
the independent candidate.
Should
the deputy not come from the same constituent people, the vacancy shall be
filled from the political party or coalition having received the highest number
of votes in the same constituency and having eligible candidates of the
relevant constituent people left on its list in accordance with article 9.9,
paragraph 2 of this law.
If
the political party or coalition does not have enough eligible candidates on
the list in the same constituency to fill seats allocated to it, the mandate
shall be transferred to the party or coalition’s list having received the
highest number of votes and having such candidates left on its list(s) in any
other constituency in accordance with article 9.9, paragraph 2 of this law.
2.
If an elected political party or coalition
candidate’s mandate terminates, then the mandate shall be given to the next
candidate from the same constituency list and belonging to the same constituent
people as the original candidate in accordance with Article 9.9, paragraph 2 of
this law.
Should there be no more
candidates on the same constituency list belonging to the same constituent
people, then the mandate shall be given to the list of the same political party
or coalition in another constituency that received the highest number of votes,
in accordance with Article 9.9, paragraph 2 of this law.
If
there are no more candidates on any of the party or coalition’s lists, then the
mandate shall be given to the political party or coalition from the same
constituency that received the highest number of votes and has eligible
candidate(s) belonging to the same constituent people as the original candidate
on its list, in accordance with Article 9.9, paragraph 2 of this law.
Should
there be no more candidates from the same constituency belonging to the same
constituent people as the original candidate, then the mandate shall be given to
the political party or coalition in any of the constituencies, that has
received the highest number of votes and has eligible candidates belonging to
that constituent people in accordance with Article 9.9, paragraph 2 of this
law.
3.
If an elected political party or coalition
candidate’s compensatory mandate terminates, then the mandate shall be given to
the candidate on the same compensatory mandate list who belongs to the same
constituent people in accordance with Article 9.8 of this law.
Should
there be no more eligible candidates belonging to the same constituent people
on the same compensatory mandate list, then the mandate shall be given to the
party or coalition that has received the highest number of votes and that has
an eligible candidate belonging to the same constituent people on its
compensatory mandate list. The mandate shall then be allocated in accordance
with Article 9.8 of this law.
The constituencies and
the number of mandates allocated to each constituency established in this
chapter shall be reviewed every four (4) years by the National Assembly of the
Republika Srpska to ensure that they are drawn, bearing in mind geographical
constraints, in a manner that complies with democratic principles, notably
proportionality between the number of mandates and the number of registered
voters.
The composition
of the Council of Peoples is parity-based so that each constituent people shall
have the same number of representatives.
The Council of Peoples shall be composed of twenty
eight (28) members, eight (8) from among Bosniaks, eight (8) from among Serbs,
eight (8) from among Croats and four (4)
representatives of the group of Others.
The members of the Council of Peoples shall be
elected by their respective caucus in the National Assembly.
In the event that the number of members elected to
one caucus of the Council of Peoples exceeds the number of the representatives
of the respective caucus of the National Assembly, an additional number of
members shall be elected by a caucus to be established for that purpose from
among all members of
the appropriate constituent peoples in the Municipal Assemblies in Republika
Srpska.
Any political party represented in the caucuses of
the their respective constituent peoples and the Others or any member of one of
these caucuses, including ad hoc members elected in accordance with Article 11.11,
Paragraph 2, shall have the
right to propose one or more candidates on the list for election of members of
that relevant caucus.
Any list may contain a number of candidates that is
larger than the number of members to be elected.
No delegate in the National Assembly or councillor
of the Municipal Assembly may be a candidate.
Each delegate in the National Assembly shall cast
one vote for a list within his or her caucus.
The vote shall be cast as a secret ballot.
The results of the votes shall be communicated to
the Election Commission for the final allocation of seats.
Mandates shall be distributed, one by one, to the lists
or candidate with the highest quotients resulting from the proportional
allocation formula provided for in Article 9.6. of the Election Law of BiH.
When a list wins a mandate, the mandate shall be allocated from the top of the
list.
If there is a vacancy due to death, resignation or
permanent incapacitation of a delegate to the Council of Peoples in the
Republika Srpska, then the vacancy shall be filled by the next eligible
candidate on the same list as the delegate who died, resigned or is permanently
incapacitated.
If there are no remaining candidates on the list,
the mandate shall be allocated to the non-elected candidate with the highest
quotient from another list running as candidate for the appropriate constituent
people or for the Others.
If there is no such candidate, new elections for the
appropriate constituent people shall be held, in accordance with Articles 11.12
and 11.13. of this law.
The election of delegates to the Council of
Peoples of the Republika Srpska shall take place as soon as the National
Assembly convenes and no later than a month after the validation of the results
in accordance with Article 5.29 of this law.
The mandate of a delegate to the Council of Peoples
of the Republika Srpska shall be for four (4) years, provided that such mandate
does not expire earlier.
The
mandate of the Council of Peoples shall terminate as a result of reduction of
the mandate of the National Assembly or dissolution of the National Assembly.
The President and
two (2) Vice Presidents of Republika Srpska shall be directly elected from the
territory of Republika Srpska by voters registered to vote for Republika
Srpska.
A voter
registered to vote for the President of the Republika Srpska may vote for one
candidate only.
The candidate
from each constituent people receiving the highest number of votes shall be
elected. Among these three (3) candidates, one from each constituent people,
the candidate receiving the highest number of votes shall be elected President,
and the two candidates receiving the second and third highest number of votes
shall be elected Vice Presidents.
The mandate for the
President and Vice Presidents of Republika Srpska shall be four (4) years.
Cantonal
Assemblies, Municipal Councils/Assemblies, and City Councils/Assemblies
Mandates for Cantonal
Assemblies and Municipal Councils/Assemblies and City Councils/Assemblies shall
be allocated under the proportional representation system set forth in Article
13.5 of this law.
The number of members
of a Municipal Council/Assembly shall be as follows:
1.
A municipality with a
number of registered voters less than eight thousand (8,000), shall have
between eleven (11) and seventeen (17) members.
2.
A municipality with a
number of registered voters between eight thousand (8,000) and twenty thousand (20,000), shall have
between seventeen (17) and twenty-five (25) members.
3.
A municipality with a
number of registered voters more than twenty thousand (20,000), shall have
between twenty-five (25) and thirty-one (31) members.
The number of members
of a Cantonal Assembly shall be as follows:
1.
A canton with a number
of registered voters less than seventy-five thousand (75,000), shall have
between twenty (20) and twenty-five (25) members.
2.
A canton with a number
of registered voters between seventy-five thousand (75,000) and two hundred
thousand (200,000), shall have between twenty-five (25) and thirty (30)
members.
3.
A canton with a number
of registered voters more than two hundred thousand (200,000), shall have
between thirty (30) and thirty-five (35) members.
A political party,
coalition, independent candidate, or list of independent candidates, certified
by the Election Commission of Bosnia and Herzegovina, may stand for election
for mandates allocated under this chapter.
Allocation of mandates
for the Cantonal Assembly and the Municipal Council/Assembly shall be conducted
in accordance with Article 9.6 of this law.
If a political party,
coalition, or list of independent candidates is distributed mandates equal to the
number of candidates on its list and there are still mandates to be
distributed, then the remaining quotients of that political party, coalition,
or list of independent candidates shall be ignored in distributing the
remaining mandates. If an independent candidate wins a mandate, then the
remaining quotients of that independent candidate shall be ignored in
distributing the remaining mandates.
If a tie occurs
because the quotients are identical, the mandate shall be allocated on the
basis of the drawing of a lot.
Mandates won by a list
shall be distributed first amongst candidates on the list who individually
received at least five percent (5%) of the total number of valid votes received
by that list, these mandates being awarded in the order of the highest number
of votes to the lowest number of votes.
If there are still mandates to be distributed to a list and the
candidates remaining are those who received less than five percent (5%) of the
total valid votes received by that list, then distribution of the mandates
among the remaining candidates from the list will be done according to their
order on the list.
If the mandate of a candidate from the list of a political party,
coalition, or independent candidates terminates in accordance with Article 1.10
of this law, then the mandate shall pass to the next candidate as set forth in Article
13.5 paragraph 4 of this law. If
the mandate of an independent candidate who did not stand on a list of
independent candidates terminates in accordance with Article 1.10 of this law,
then the mandate shall remain vacant.
The Mayor may either be
elected by an indirect election by the Municipal Council/Assembly or by a
direct election by the registered voters in that municipality. If the Entity laws stipulate that there
shall be a direct election of the Mayor then the election shall be conducted in
accordance with paragraph two of this article.
If the Entity laws stipulate that the election of the Mayor shall be
elected indirectly by the Municipal Council/Assembly then the election shall be
conducted in accordance with paragraph 3 of this article. If the Entity laws do not stipulate how the
Mayor shall be elected then the Mayor shall be elected by an indirect election
as established in paragraph 3 of this law.
If the Mayor is directly
elected then the Election Commission of Bosnia and Herzegovina shall determine
the form of the ballot.
If the Mayor is indirectly
elected then he or she shall be elected by a majority vote of the total number
of members of the Municipal Council/Assembly. Each member of the Municipal
Council/Assembly may nominate a candidate for the position of the. In the event
a candidate does not receive a majority vote of the total number of members, a
second election shall be conducted. If
no candidate receives a majority of votes of the total number of members, a
third election shall be conducted. The member that receives the most votes in
the third election shall be elected. In the event that there is a tie, the
youngest of the tied candidates shall be elected Mayor.
In the event that the
indirectly elected Mayor resigns, dies or is removed by the Municipal
Council/Assembly, the Municipal Council/Assembly shall elect a new Mayor in
accordance with paragraph 3 of this article.
(deleted)
(deleted)
The members of the City
Council/Assembly shall be elected by the Municipal Councils/Assemblies which
form the City.
Mandates for the City Council/Assembly
shall be allocated to candidate lists according to the system of proportional
representation of political parties, coalitions, lists of independent
candidates or groups of members as set forth in Article 13.5 of
this law. Distribution of mandates amongst the candidates from the same list
shall be done according to the order on the list of candidates for this
election.
Each City Council/Assembly
shall elect a Mayor and a President of the City Council/Assembly as set forth
in Article 13.7 paragraph 3 of this law.
The mandate of
the Municipal Councils/Assemblies and the Cantonal Assemblies shall be for four
(4) years.
(Paragraph 2
deleted)
The election of the members
of the City Council/Assembly shall take place as soon as the Municipal
Councils/Assemblies convenes after the elections for the Municipal
Councils/Assemblies.
When officials managing
Administrative bodies in the Municipal, Cantonal and City executive bodies are appointed
by the Mayor or President of Government of the Canton, or when
the Municipal or City Executive Board is elected by the Municipal or City
Assembly, the composition of the population of the municipality, canton or city
shall be taken into consideration.
CHAPTER 13A
PARTICIPATION
OF MEMBERS OF NATIONAL MINORITIES IN THE ELECTIONS FOR MUNICIPAL LEVEL
Members of all national minorities in Bosnia
and Herzegovina shall have the right to elect their representatives in
Municipal Councils/Municipal Assemblies.
Members of all national minorities which make up to 3% of the total
population of a municipality shall be guaranteed at least one seat in a
Municipal Council/Municipal Assembly.
Members of all national minorities which make over 3% of the total
population of a municipality shall be guaranteed at least two (2) seats in a
Municipal Council/Municipal Assembly.
The number of members of national minorities elected in a Municipal
Council/Municipal Assembly shall be established through the Municipal Statute
on the basis of the last census conducted by the state of Bosnia and
Herzegovina.
Political parties, coalitions, lists of independent candidates,
independent candidates, national minorities associations and citizen groups
consisting of at least forty (40) citizens who have a general right to vote
shall have the right to nominate candidate members of national minorities to
Municipal Councils/Municipal Assemblies.
Only those candidates representing a national minority shall be elected
if their names are on the special list of national minority candidates
stipulated by Paragraph 5 of this Article.
The candidate with a highest number of votes from the list of national
minority’s candidates shall represent that national minority.
During the allocation of mandates, first the
mandates guaranteed to national minorities, as stipulated by Paragraphs 2, 3, 4
and 7 of this Article, shall be allocated, and only then the regular mandates
pursuant to Article 9.6 of this Law.
If a mandate is not allocated to a member of a
national minority, that mandate shall remain vacant.
The
General Provisions of this Law shall apply to all matters not regulated by this
Chapter.
Repeated elections shall be conducted using the same candidate lists
and the same excerpts from the Central Voters Register which were used in the
annulled elections and shall be conducted on a date determined by the Election
Commission of Bosnia and Herzegovina which shall be no later than fourteen (14)
days from the day of annulling the elections.
Postponed elections shall be conducted if, in an electoral unit or at a
Polling Station, the voting did not take place on the day designated for voting.
Postponed
elections shall be scheduled by the Election Commission of Bosnia and
Herzegovina.
Postponed
elections shall, as a rule, be conducted within seven (7) days, and no later than
thirty (30) days, from the day designated for voting in the regular elections.
In the event an
elected body is dissolved, in accordance with the relevant Constitution, the
Election Commission of Bosnia and Herzegovina shall conduct early elections in
the manner and through the procedure stipulated in this law for the conduct of
regular elections.
The mandate for a body elected in
early elections shall terminate on the date the dissolved body for which the
early elections were held would have terminated had the body not been
dissolved.
The Election Commission of Bosnia and Herzegovina shall establish any
deadlines that are necessary to hold elections under this chapter.
Campaign
Finance
A
political party and independent candidate that participates in the elections
for bodies of authority at all levels in Bosnia and Herzegovina shall be
obliged to file with the Election Commission of Bosnia and Herzegovina, at the
time of submission of the application for certification to participate in the
elections a financial report for the period beginning three months prior to the
date of submission. In addition, no
later than thirty (30) days after the Election Commission of Bosnia and
Herzegovina publishes the election results, a financial report shall be
submitted to the Election Commission of Bosnia and Herzegovina for the period
beginning on the day of submission of the application for certification until
the certification of the results. These
reports shall contain the following:
1.
All cash at hand;
2.
All income and disbursements based on: memberships;
contributions from abroad; contributions from individual and legal entities; contributions
in the form of goods and services (hereinafter referred to as “in-kind
contributions”); returns on its own assets and entrepreneurial activities;
credits; loans; donations; rebates; refunds; other operating expenditures; and
other sources for the reporting period as determined by the Election Commission
of Bosnia and Herzegovina;
3.
Identification of the person or source of any
payment and in-kind contribution, as well as the identification of a person who
received that payment, in excess of one hundred
(100) convertible marks, together with the date and amount of any such
receipt;
4.
The total amount of all account payables, and total
amount of disbursements in the following categories: direct costs for political
campaign; operating expenses; costs associated with the entrepreneurial
activity, and other costs; and
5.
the amount and nature of outstanding debts and
obligations owed by or to the person who files a report and where such debts
and obligations are settled for less than their reported amount or value, a
statement as to the circumstances and conditions under which such debts or
obligations were extinguished.
The Election
Commission of Bosnia and Herzegovina shall issue Regulations in order to
implement this chapter, whereby it shall specify in detail the content, form,
manner and other details of reporting.
All persons who
are required to file reports must also file such additional reports as required
by the Election Commission of Bosnia and Herzegovina or by the Law on Party Financing.
Every political
party, coalition or list of independent candidates, shall appoint a competent
person who shall be in charge for filing reports and record-keeping, and who
shall be authorized to receive communications from the Election Commission of
Bosnia and Herzegovina.
Those who file reports
shall inform the Election Commission of Bosnia and Herzegovina about appointing
the competent person referred to in paragraph 1 of this article within three
(3) days of his or her appointment, and must file the amendments within three
(3) days, of any changes to his or her status.
The competent
person shall sign each such report and shall be responsible for keeping records
that support the reports, and must make such reports available to the Election
Commission of Bosnia and Herzegovina upon request.
An independent candidate shall be
directly responsible for filing reports with the Election Commission of Bosnia
and Herzegovina.
The Election Commission
of Bosnia and Herzegovina shall make all reports available to the public, and
shall take appropriate actions to ensure that all citizens have easy access to
information contained within the reports.
The Election
Commission of Bosnia and Herzegovina shall have the authority to investigate
instances of non-compliance with the provisions of this chapter, and may order
individuals to answer written questions, to provide documentary and other
evidence, and to provide testimony in connection with any investigation that
the Election Commission of Bosnia and Herzegovina may initiate. The Election
Commission of Bosnia and Herzegovina may initiate investigation or take
appropriate implementing actions, on its own initiative or in response to a
complaint filed by a person.
The Election
Commission of Bosnia and Herzegovina shall have jurisdiction with respect to
enforcing this chapter, and shall have power to make determinations that a
political party, coalition, list of independent candidates or an independent
candidate, or any other person has violated provisions of this chapter, and it
shall have power to assess civil penalties against any political party,
coalition, list of independent candidates or independent candidate for
non-compliance with the mentioned provisions, or to take appropriate
administrative action within its general authority under this law.
Before assessing
a civil penalty or taking administrative action, the Election Commission of
Bosnia and Herzegovina shall seek to achieve voluntary compliance with the
political party, coalition, list of independent candidates or independent
candidate determined to be in violation.
Every candidate
standing for elected office at the level of Bosnia and Herzegovina or the Entity
level shall be obliged, no later than fifteen (15) days from the day of
accepting candidacy for the elections, to submit to the Election Commission of
Bosnia and Herzegovina, on a special form, a signed statement on his or her
total property situation, containing:
1.
current income and sources of income, including all
incomes, wages, profit from property, contributions as defined in Article 14.1
of this law, account receivables and other incomes realised in Bosnia and
Herzegovina and abroad for a period of the past twelve (12) months;
2.
property, including money, bank accounts, business
documentation, shares, securities, bonds, real property, personal property,
occupancy right and other property and possessions which exceed five thousand
(5,000) convertible marks, in Bosnia and Herzegovina and abroad; and
3.
disbursements and other liabilities, including all
debts, liabilities, promissory notes, loans and guarantees of such liabilities
in Bosnia and Herzegovina and abroad.
The statement should
include the property situation of the candidates and close members of his or
her family: spouse, children and members of the family household whom it is the
candidate’s legal obligation to sustain.
All candidates elected
at all levels of authority except the level of Bosnia and Herzegovina and the
Entity level shall be obliged to submit to the Election Commission of Bosnia
and Herzegovina, within thirty (30) days from the verification of mandates, a
signed statement of their property situation referred to in Article 14.7 of
this law on a special form.
The Election
Commission of Bosnia and Herzegovina shall make the forms containing the
statements on total property situation available to the public. The Election
Commission of Bosnia and Herzegovina shall not be responsible for objections or
complaints regarding the information contained in the forms.
The Election
Commission of Bosnia and Herzegovina shall issue an instruction regulating in
detail the design and the manner of filling in forms from Articles 14.7 and
14.8 of this law.
The Election Commission of Bosnia and Herzegovina shall
announce, ninety (90) days before the election, the number of voters entered on
the Central Voters Register for each electoral race. No political party, coalition, list of
independent candidates or independent candidate shall, based on the number of
voters announced by the Election Commission of Bosnia and Herzegovina, spend
more than one (1) convertible mark per voter in each electoral race for the
purposes of the election campaign.
For the purpose of applying the previous paragraph, each
of the following is an electoral race: a
municipality election, a canton election, the election for a multi-member
constituency of the National Assembly of the Republika Srpska, the election for
the President and Vice President of the Republika Srpska, the election for a
multi-member constituency of the House of Representatives of the Parliament of
the Federation of Bosnia and Herzegovina, the election for a multi-member
constituency of the House of Representatives of the Parliamentary Assembly of
Bosnia and Herzegovina, and the election for the members of the Presidency of
Bosnia and Herzegovina from each entity.
Media
During the sixty
(60) days prior to election day, for the competent State authorities
at all levels in Bosnia and Herzegovina, broadcast media shall equitably and
fairly present political parties, coalitions, lists of independent candidates and
independent candidates and provide information about the issues related to the
campaign and the electoral process.
Competent
authorities at all levels shall ensure impartiality in their relation toward
the media during the electoral campaign.
All public broadcast media shall
provide, during the thirty (30) days prior to election day, free broadcast time
for direct access by political parties, coalitions, list of independent
candidates and independent candidates, subject to Regulations of the Election
Commission of Bosnia and Herzegovina. The Regulations of the Election
Commission of Bosnia and Herzegovina shall determine the amount of broadcast
time allocated to the political parties, coalitions, lists of independent
candidates and independent candidates, the time period and duration of the
broadcasts, and the geographic regions to which the broadcasts shall be
transmitted.
All broadcast
media shall broadcast statements and information by the Election Commission of
Bosnia and Herzegovina free of charge for the purpose of informing voters about
all aspects of the electoral process as set forth by the Election Commission of
Bosnia and Herzegovina.
Paid political
advertisements in the electronic media are allowed in the period of sixty (60)
days prior to elections. A political advertisement, in the sense of this
Article, shall be defined as broadcasting of a political video clip.
Public electronic media shall provide equal
conditions for paid political advertisements of political parties, coalitions,
independent candidates and lists of independent candidates standing for
elections up to three (3) minutes per week.
Private electronic media shall provide equal
conditions for paid political advertisements of political parties, coalitions,
independent candidates and lists of independent candidates standing for
elections up to five (5) minutes per week.
The electronic media shall ensure that paid political
advertisements are clearly separate from the rest of the program and they shall
not be counted within the limit on the allowed time for commercials set by the
BiH Communications Regulatory Agency. Prices of political advertisements must
not be higher than the existing commercial price list of the electronic
media.
The electronic media shall receive
orders for paid political advertisements directly from political parties,
coalitions, independent candidates and lists of independent candidates standing
directly for elections, without intermediaries, i.e. through designated private
or legal persons.
No media coverage
of any political campaign activity shall take place in the whole territory of
Bosnia and Herzegovina during the period beginning twenty-four (24) hours prior
to the opening of the Polling Stations.
The campaign silence period
shall continue until the close of Polling Stations.
Results of public
opinion research related to the voting and elections shall not be released
during the period beginning seventy-two (72) hours prior to the opening of
Polling Stations and until the close of polling.
The
competent media regulatory body that is responsible for the implementation of
laws and regulations concerning the media shall have jurisdiction over all
election related media violations as provided for in this law and any other
media regulatory law. The media
regulatory body shall refer a matter to the
Election Complaints and Appeals Council when it is alleged that there has been
a violation of this chapter, by political entities.
Complaints against
violations of Article 16.1, Paragraph 2 of this Law shall be decided by the
Election Complaints and Appeals Council.
Representatives of
international observers, associations of citizens, political parties,
coalitions, lists of independent candidates and independent candidates
(hereinafter “observers”) may observe all electoral activities in Bosnia and
Herzegovina provided that they are accredited in accordance with this law.
Observers shall have access
to relevant documents and public election commission meetings, shall be free to
contact any person at any time during the entire period of the electoral process,
and shall have access to all Voter Registration Centres, Polling Stations,
Counting Centres, and other relevant locations as specified by the Election
Commission of Bosnia & Herzegovina
Observers shall be
impartial and politically neutral while observing electoral activities.
Observers shall not in any way interfere with electoral activities and they
shall respect the secrecy of the ballot.
An observer may have only two (2) representatives at the same time at a
public election commission meeting, Voter Registration Centre, Counting Centre,
Polling Station, or any other relevant location, as specified by the Election
Commission of Bosnia & Herzegovina.
Observers, while
observing electoral activities, shall wear official accreditation identification
and an observer shall not wear or carry any insignia or mark that identifies
him or her with a particular political party, coalition, list of independent
candidates or independent candidate.
The Election
Commission of Bosnia and Herzegovina shall accredit and issue accreditation
identification for International Observers. The Election Commission of Bosnia
and Herzegovina shall establish Regulations in order to determine the criteria
and the application process for the accreditation of international observers.
The Election
Commission of Bosnia and Herzegovina shall accredit and issue accreditation
identification to associations of citizens.
The Election Commission of Bosnia and Herzegovina shall establish Regulations
in order to determine the criteria for accreditation of the associations of
citizens and the distribution of accreditation identification. The application for accreditation shall
include:
1.
a signed statement by
the authorised person of the association of citizens that the association is
not established or sponsored by or engaged in any activities on behalf of a
registered political party, coalition, list of independent candidates or
independent candidate; and
2. the names and
national identification numbers of the nominated observers.
The competent election commission shall accredit a registered political
party, coalition, list of independent candidates or independent candidate to
act as observers in the electoral unit in which the political party, coalition,
list of independent candidates or independent candidate has registered to stand
for office.
The Election
Commission of Bosnia and Herzegovina shall accredit observers who will observe
the work of the Election Commission of Bosnia and Herzegovina and the Central
Counting Centre(s).
Entity and
Cantonal Election Commissions shall accredit observers who will observe the
work of their commissions.
A Municipal
Election Commission shall accredit observers who will observe the work of the
Municipal Election Commission, Voter Registration Centres, Polling Stations,
and any other relevant location in its jurisdiction.
The political
party, coalition, list of independent candidates or independent candidate shall
submit the names and national identification numbers of the nominated observers
to the competent election commission.
The Election Commission of Bosnia and Herzegovina shall establish
Regulations concerning the accreditation identification’s design, and the manner
that it is to be used by the observer.
The final deadline for
submission of an application for accreditation of observers shall be
established by the Election Commission of Bosnia and Herzegovina, and
the deadline concerning requests for the accreditation of observers.
An observer who
has been denied accreditation by a Municipal, Cantonal, or Entity Election
Commission may within three (3) days from the day of receipt of the
decision submit a complaint with the Election Commission of Bosnia and
Herzegovina, which will resolve it within seven (7) days from the day of the receipt.
An observer may
submit a complaint of any violation of this law to the competent election commission,
Polling Station Committee or the Election Complaints and Appeals Council.
Brcko District
This law shall
stipulate the principles governing the elections in the Brčko
District.
The territory of
the Brčko District shall be one constituency.
A citizen of Bosnia and
Herzegovina who is registered to vote for the Brčko District shall have
the right to vote:
1.
for the Members of the
Presidency of Bosnia and Herzegovina and the House of Representatives of the
Parliamentary Assembly of Bosnia and Herzegovina by casting the appropriate
ballot in the Entity for which the voter is a citizen;
2.
in the elections of
the Entity of which the voter is a citizen; and
3.
in District elections
for the District Assembly and any other District electoral offices
The cost and expense
for the conduct of elections in the Brčko District shall be provided for
in the budget of the institutions of Bosnia and Herzegovina and international
obligations of Bosnia and Herzegovina, the Federation of Bosnia and
Herzegovina, the Republika Srpska and the Brčko District, depending on the
level for which the elections are conducted.
(deleted)
(deleted)
The City of Mostar
This
law shall govern the elections of the councillors to the Council of the City of
Mostar (hereinafter: “the City Council”). The principles outlined in this
Chapter will apply to elections in the City of Mostar, notwithstanding Chapter
13 of this Law.
The
City Council shall be composed of 35 members. The councillors in the City
Council shall be elected in a city-wide electoral constituency and city area
electoral constituencies, in the manner set forth in Article 19.4 hereof.
‘A
city-wide electoral constituency’ shall for the purpose of the preceding
paragraph cover the entire territory of the City, as defined in Article 5 of
the Statute of the City of Mostar.
For
the purpose of paragraph 1 of this Article, “city areas electoral
constituencies” shall be the former city municipalities, as defined by Article
7 and 15 of the Statute of the City of Mostar.
The City of Mostar shall have one Election Commission established in
accordance with the provisions of this Law pertaining to Municipal Election
Commissions.
Seventeen (17) councillors shall be elected from a city-wide electoral constituency.
A minimum of four (4) councillors of each constituent people and one (1)
councillor from the group of “Others” shall be elected from the city-wide
electoral constituency.
Three (3) councillors shall be elected from each of the six city area
electoral constituencies.
The city area electoral constituency 1 shall consist
of the former City-Municipality Mostar North.
The city area electoral constituency 2 shall consist of the former
City-Municipality Mostar Stari Grad.
The city area electoral constituency 3 shall consist of the former
City-Municipality Mostar Southeast.
The city area electoral constituency 4 shall consist of the former
City-Municipality Mostar South.
The city area electoral constituency 5 shall consist of the former
City-Municipality Mostar Southwest.
The city area electoral constituency 6 shall consist of the former
City-Municipality Mostar West.
Each constituent people or the group of ”Others” shall not have more than
fifteen (15) representatives in the City Council.
The mandates to be filled from the city-wide electoral constituency shall
first be allocated under the formula set forth in Article 9.6, paragraph 1 of
this Law. If the allocation of mandates from the city-wide electoral
constituency does not allow minimum representation of any of the constituent
peoples and/or of the group of “Others”, as provided for under Article 19.4,
paragraph 1 of this Law, the following method shall apply:
1.
the last mandate(s) to be
allocated from the city-wide electoral constituency required to fill the quotas of any of the
constituent peoples and/or the group of “Others” shall be allocated to the
candidate(s) from the relevant constituent people(s) and/or group of “Others”
having received the highest number of votes on the list of the political party,
the list of independent candidates or the coalition’s list to which the mandate
was allocated under Article 9.6, paragraph 1 of this Law. If the mandate would,
under the formula set for the in Article 9.6, paragraph 1 of this Law, be
allotted to an independent candidate, item 2 of this Article will apply.
2.
If the political party,
list of independent candidates or coalition to which the mandate(s) was allocated
under Article 9.6, paragraph 1 of this Law does not have enough such eligible
candidate(s) on its city-wide electoral list or if the mandate would, under
Article 9.6 of this Law, be allocated to an independent candidate, the mandate
shall be transferred either:
-
to the political
party(ies), list(s) of independent candidates or coalition(s) having such
candidates left on its list;
or
-
to (an) independent
candidate(s) from the relevant constituent people or from the group of
“Others”,
which/whoever ha(s)(ve) the next highest quotient as defined in Article
9.6 of this Law.
3.
If no candidate from the
relevant constituent people(s) or the group of “Others” can be found in
accordance with items 1 and 2 of this Article, the mandate(s) shall be
transferred to either:
-
the political party, list
of independent candidates or coalition’s list having such candidate(s) left on
a list for any city area constituency after the seats filled from the area
constituencies have been allocated in accordance with Article 19.6 of this Law;
or
-
the independent
candidate(s) from the relevant constituent people or from the group of “Others”
running for any city area constituency,
which/whoever ha(s)(ve) received
the highest quotient as defined in Article 9.6 of this Law.
Article
9.6, paragraph 2 shall not apply when allocating mandate(s) under this Article.
The mandates filled from the city areas electoral constituencies are
thereafter allocated under the formula set forth in Article 9.6 of this Law. Mandates
shall be allocated individually, starting with the highest placed candidate in
each city area constituency, and proceeding in similar fashion to fill each
available seat from each city area constituency. The sequence of filling the
mandate allotted to each city area constituency, for each of the three
successive steps, shall be determined by the drawing of lots. The drawing of
lots shall be organized by the Election Commission of Bosnia and Herzegovina.
If the allocation of a mandate from the city areas electoral constituency
would lead to the representation of a constituent people and/or the group of
Others beyond the quota provided for under Article 19.4, paragraph 4 of this
Law, the following method shall apply:
1. The mandate shall be re-allocated to the candidate
who does not belong to the said constituent people and/or to the group of
“Others” having received the highest number of votes on the list of the
political party, the list of independent candidates or coalition’s list to
which the mandate was allocated under Article 9.6, paragraph 1 of this Law. If
the mandate would, under the formula set for the in Article 9.6, paragraph 1 of
this Law, be allotted to an independent candidate, item 2 of this Article will
apply.
-
to the party, list of
independent candidates or coalition’s list having a candidate who does not
belong to the said constituent people and/or to the group of “Others” left on
its list;
or
-
to the independent
candidate(s) who does not belong to the said constituent people and/or to the
group of “Others”,
which/whoever has the next highest quotient as defined in Article 9.6 of
this Law.
-
the political party, list
of independent candidates or coalition’s list having such candidate(s) left on
a list for any other city area constituency after the seats filled from that
city area constituencies have been allocated in accordance with Article 19.6 of
this Law;
or
-
the independent
candidate(s) from the relevant constituent people or from the group of “Others”
running for any city area constituency,
which/whoever
ha(s)(ve) received the highest quotient as defined in Article 9.6 of this Law.
Notwithstanding Article 13.7 of this
Law, the Mayor of the City of Mostar will be indirectly elected in accordance
with the Constitution of the Federation of Bosnia and Herzegovina.
Transitional and Final Provisions
Until the High Representative’s mandate terminates or he or she so
decides, the Election Commission of Bosnia and Herzegovina shall consist of
four (4) members from Bosnia and Herzegovina representing each of the
constituent peoples including others and three (3) members selected from the
International Community.
The nominees from
Bosnia and Herzegovina for the Election Commission of Bosnia and Herzegovina
shall be jointly nominated by the members of the Ad hoc Commission for
Selection and Nomination. The nominees for the Election Commission of
Bosnia and Herzegovina shall be legal experts with experience in the
administration of elections and/or electoral experts.
Ad hoc Commission
for Selection and Nomination shall meet in its
full composition for the purpose of decision making on the nomination of
members of the first Election Commission of Bosnia and Herzegovina. The
procedure of nomination shall be conducted in accordance with the Rules of
Procedure adopted by the Election Commission of Bosnia and Herzegovina pursuant to Article 2.5 paragraph 2 of this
Law. The list of nominees shall be finally approved by the High
Representative.
In accordance
with its procedure the House of Representatives of the Parliamentary Assembly
of Bosnia and Herzegovina shall appoint the members of the Election Commission
of Bosnia and Herzegovina from the list of nominees.
If the members of
the Election Commission from Bosnia and Herzegovina have not been appointed by
15 September 2001 the High Representative shall appoint the members from Bosnia
and Herzegovina.
The international
members of the Election Commission of Bosnia and Herzegovina shall be appointed
by the High Representative.
Until the High
Representative’s mandate terminates or he or she so decides, the members of the
Election Complaints and Appeals Council shall be appointed by the House of
Representatives of the Parliamentary Assembly of Bosnia and Herzegovina in
consultations (with consent of) with the High Representatives.
Upon its appointment, the Election Commission of Bosnia and Herzegovina
shall assume immediate jurisdiction over past elections conducted under the
Rules and Regulations of the Provisional Election Commission and the elected
mandates awarded pursuant to those Rules.
Except for Chapter 15, the Election Commission of Bosnia and Herzegovina
shall have full authority to enforce the appropriate provisions of the Rules
and Regulations of the Provisional Election Commission governing the municipal
elections in 2000. This law shall not govern the matters addressed in Chapter
15 of the Rules and Regulations of the Provisional Election Commission and the
Election Commission of Bosnia and Herzegovina shall have no jurisdiction over
such matters.
The Election Commission of Bosnia and Herzegovina shall also have full
authority to enforce the appropriate provisions of Rules and Regulations of the
Provisional Election Commission, which regulated the general elections held in
the year 2000 and the presidential elections held in 1998.
The initial basis
of the Central Voters Register shall be the voters register for the entire
territory of Bosnia and Herzegovina which was used by the Provisional Election
Commission at the time this law goes into full force and effect The Election
Commission of Bosnia and Herzegovina shall coordinate with the Provisional
Election Commission and the Organization for Security and Cooperation in Europe
to obtain the voters register which was last used by the Provisional Election Commission. Persons already registered in the voters
register which was last used by the Provisional Election Commission do not have
to register again in order to exercise their rights as a voter, except where
the person has moved, changed his or her name, asks for a correction to be made
to the data contained in the Central Voters Register, or chooses to change the
municipality for which he or she wants to be registered, in accordance with
this law.
For the first
elections conducted under the jurisdiction of this law, Articles 4.5 and 4.9 do
not apply.
Article 4.14
applies to coalitions which previously registered to participate in any
election supervised by the Provisional Election Commission.
Article 5.25 of the Provisional Election Commission Rules and Regulations
as published on 10 August 1998 shall apply to the rotation of the members of
the Presidency of Bosnia and Herzegovina elected on 12/13 September 1998, until
the elections are conducted in 2002 for the Members of the Presidency to Bosnia
and Herzegovina.
Until
otherwise decided by the High Representative or the Parliamentary of Bosnia and
Herzegovina pursuant to paragraph seven of this article, a citizen of Bosnia
and Herzegovina who is a displaced person and has the right to vote, shall have
the right to register and to vote in person or absentee for the municipality in
which the person had his or her permanent place of residence according to the
last Census conducted by the State of Bosnia and Herzegovina, except in the
case where the person can provide proof of a change of his or her permanent
residence in accordance with the law, in
the period from the last Census conducted by the State of Bosnia and
Herzegovina until that person acquired status as a displaced person, or in
person for the municipality of his or her current residence, under the
condition that he or she became a resident of that municipality at least six
(6) months prior to the election day.
A citizen of Bosnia and Herzegovina who is a displaced
person and has the right to vote under this article, shall register depending
on the voting option this person chooses, for the municipality where he or she
had a permanent place of residence according to the last Census conducted by
the State of Bosnia and Herzegovina, except in the case where this person can
provide proof of a change of his or her permanent residence in accordance with
the law, in the period from the last Census conducted by the State of Bosnia
and Herzegovina until this person acquired status as a displaced person, or for
the municipality where this person has current residence and provides proof
that he or she has registered as a current resident at least six (6) months
prior to the election day.
The citizen of Bosnia and Herzegovina who is occupying a
house or an apartment for which s/he does not have an ownership or occupancy
right, while an enforcement document is issued by a competent court or
administrative authority on the restitution of a house or an apartment, or CRPC
decision , has no right to vote in the place of current domicile, until s/he
abandons real-estate property owned by other, and may register to vote only in
the municipality where s/he had the permanent residence in accordance to the
last Census in Bosnia and Herzegovina.
Current residence, for the purpose of this article, is
the municipality where a displaced citizen of Bosnia and Herzegovina has
temporary residence, until conditions are met for his or her return to the
municipality where he or she had permanent residence according to the last
Census conducted by the State of Bosnia and Herzegovina.
Until otherwise decided by the High Representative or the
Parliamentary of Bosnia and Herzegovina pursuant to paragraph seven of this
article, a citizen of Bosnia and Herzegovina who is a refugee and who has the
right to vote shall have the right to register and to vote in person or by mail
for the municipality in which the person had his or her permanent place of residence
according to the last Census conducted by the State of Bosnia and Herzegovina,
except in the case where the person can provide proof of a change of his or her
permanent residence in accordance with the law, in the period from the last
Census conducted by the State of Bosnia and Herzegovina until that person
acquired refugee status.
A citizen of Bosnia and Herzegovina who has refugee
status and has the right to vote under this article, shall register for the
municipality where he or she had a permanent place of residence according to
the last Census conducted by the State of Bosnia and Herzegovina, except in the
case where he or she can provide proof of a change of his or her permanent
residence in accordance with the law, in
the period from the last Census conducted by the State of Bosnia and
Herzegovina until that person acquired refugee status.
The special
rights to register and to vote provided to displaced persons and refugees in
this article shall expire on a day determined by the High Representative. If the High Representative does not so decide
before his or her mandate terminates, then the special rights to displaced and
refugee voters shall continue until so decided by the Parliamentary Assembly of
Bosnia and Herzegovina.
The following factors
should be considered before deciding on the expiration of the special rights to
vote granted to displaced persons and refugees:
1.
Status of implementation of property laws;
2.
Number of persons registered as displaced persons;
3.
Factors establishing sustainability of return which
include safety of returnees, access to education and services,
non-discrimination in employment and labour relations and functioning of the judicial system.
No person may stand as a candidate, hold an elected mandate
or an appointed office, who fails to
vacate real estate property which is owned by a refugee or displaced person, or
fails to leave an apartment where a refugee or displaced person has an
occupancy right, or failed to leave an apartment,
which is under the administration of the
municipal administrative authority responsible for housing or responsible body of the RS Ministry of
Refugees and Displaced Persons for use as alternative accommodation, within
a deadline specified by:
1)
an administrative decision;
2)
an enforcement decision issued pursuant to a
Commission for Real Property Claims of Displaced Persons and Refugees (CRPC)
certificate; or
3)
a court decision whereby the property is to be
returned to the owner or when the said decision is in favour of the request for
the return of possession of an apartment to the occupancy right holder.
No person may
stand as a candidate, hold an elected mandate or an appointed office, who fails
to vacate real estate property which is owned by a refugee or displaced person,
or fails to leave an apartment where a refugee or displaced person has an
occupancy right, within 120 days of the filing with the competent
administrative body of a request for enforcement of a CRPC certificate which
confirms the ownership or occupancy right of that displaced person or refugee. In no case
will a person be in violation of this article unless he or she has received 30
days notice by the election commission of Bosnia and Herzegovina of the
existence of a request for an enforcement decision of a CRPC certificate.
Until
the High Representative’s mandate terminates or he or she so decides the
exclusions in the following four paragraphs shall have effect:
No person who has been removed by the
Provisional Election Commission or the Election Appeals Sub-Commission, for
having personally obstructed the implementation of the General Framework
Agreement for Peace or violated the Provisional Election Commission Rules and Regulations shall be permitted
to be a candidate in the elections or hold an elected mandate or an appointed
office.
No
person who has been removed from public office by the High Representative shall
be permitted to be a candidate in the elections or hold an elected mandate or
an appointed office.
No military officer or former military officer
who has been removed from service pursuant to Chapter 14 of the Instructions to the Parties issued by
COMSFOR under Article VI Paragraph 5 of Annex 1A to the General Framework
Agreement for Peace, shall be permitted to be a candidate in the elections or
hold an elected mandate or an appointed office.
No person who has been de-authorized or de-certified by the IPTF
Commissioner for having obstructed the implementation of the General Framework
Agreement for Peace, shall be permitted to be a candidate in the elections or
hold an elected mandate or an appointed office.
Until
the High Representative’s mandate terminates or he or she so decides the
Election Commission of Bosnia and Herzegovina shall ensure that the application
for certification of any political party and any other documents submitted
under Article 4.3 of this Law and under the internal regulations of the
Election Commission, do not include a person referred to in Article 18.9A,
paragraphs 2 and 3.
Should the documents referred to in paragraph 1 of this Article show that
such a person holds a central party position, that political party shall not be
eligible for certification.
The Election Commission of Bosnia and Herzegovina may
allow political parties that registered for the municipal elections in 2000 to supplement
their candidates list with additional names. Supplemental lists shall be
submitted pursuant to rules and regulations adopted by the Election Commission
of Bosnia and Herzegovina.
The Entities
shall bring their laws and regulations in compliance with this law within
forty-five (45) days after the entering into force of this law.
Pursuant
to Article 6.3 of this law, the Election Commission of Bosnia and Herzegovina
and the Election Complaints and Appeals Council shall adopt regulations and
procedures necessary for the conduct of elections within sixty (60) days after
the bodies are constituted, and which shall be published in the Official
Gazette of Bosnia and Herzegovina and the official gazettes of the Entities.
The election of the President and Vice Presidents of Republika Srpska,
the President and Vice Presidents of the Federation of Bosnia and Herzegovina,
the election of the delegates to the Council of Peoples of Republiks Srpska,
and the election of the delegates to the House of Peoples of the Federation of
Bosnia and Herzegovina shall be regulated in a manner consistent with the
constitutions of the Entities.
If the Entities fail to establish multi-member constituencies,
according to Article 19.11 of this law, by December 31 2001 the following
multi-member constituencies shall be used for elections held in 2002.
Of the ninety eight (98) members of the House of
Representatives of the Federation of Bosnia and Herzegovina who shall be
directly elected by voters registered to vote for the territory of the
Federation of Bosnia and Herzegovina, seventy three (73) shall be elected from
among twelve (12) multi-member constituencies, and twenty five (25) shall be
compensatory mandates elected from the territory of the Federation of Bosnia
and Herzegovina as a whole. The mandates shall be distributed in accordance
with Articles 9.6 to 9.9 of this law.
The seventy three (73)
multi-member constituency mandates for the House of Representatives of the Federation
of Bosnia and Herzegovina shall be allocated according to the following:
Constituency 1 consists of Canton 1 and elects nine
(9) members.
Constituency 2 consists of Canton 2, part of
Canton 3 (Gradacac, Gracanica, Doboj-East) and voters from Brcko District who
have registered to vote for to the Federation of Bosnia and Herzegovina and
elects five (5) members.
Constituency 3 consists of part of Canton 3
(Lukavac, Srebrenik, Tuzla, Celic) and elects seven (7) members.
Constituency 4 consists of part of Canton 3
(Teocak, Banovici, Zivinice, Kalesija, Sapna and Kladanj) and elects four (4)
members.
Constituency 5 consists of part of Canton 4
(Doboj-South, Tesanj, Maglaj, Zepce, Zavidovici, Zenica and Usora) and elects
eight (8) members.
Constituency 6 consists of part of Canton 4
(Kakanj, Vares, Olovo, Visoko and Breza) and elects four (4) members.
Constituency 7 consists of Canton 5 and part
of Canton 9 (Novi Grad-Sarajevo, Ilidza, Hadzici and Trnovo) and elects six (6)
members.
Constituency 8 consists of Canton 6 and elects
nine (9) members.
Constituency 9 consists of Canton 7 and elects
eight (8) members.
Constituency 10 consists of Canton 8 and
elects three (3) members.
Constituency 11 consists of part of canton 9
(Ilijas, Vogosca, Centar-Sarajevo, Stari Grad-Sarajevo, Novo Sarajevo) and
elects seven (7) members.
Constituency 12 consists of Canton 10 and
elects three (3) members.
Of the eighty three (83) members of the National
Assembly of the Republika Srpska who shall be directly elected by voters
registered to vote for the territory of the Republika Srpska, sixty two (62)
shall be elected from among six (6) multi-member constituencies and twenty one (21) shall be compensatory
mandates elected from the territory of the Republika Srpska as a whole. The
mandates shall be distributed in accordance with Articles 9.6 to 9.9 of this
law.
The sixty-two (62)
multi-member constituency mandates for the National Assembly of the Republika
Srpska shall be allocated according to the following:
Constituency 1 consists of
municipalities Bosanska Krupa / Krupa na Uni, Bosanski Novi / Novi Grad,
Bosanska Dubica / Kozarska Dubica, Prijedor, Bosanska Gradiska / Gradiska, Laktasi, Srbac, Prnjavor, Sanski
Most / Srpski Sanski Most, and Kostajnica and elects thirteen (13) members.
Constituency 2 consists of
municipalities Bosanski Petrovac / Petrovac, Banja Luka, Celinac, Drvar /
Srpski Drvar, Kljuc / Ribnik, Mrkonjic Grad, Jajce / Jezero, Skender Vakuf /
Knezevo, Kotor Varos, Sipovo, and Kupres / Srpski Kupres and elects twelve (12)
members.
Constituency 3 consists of municipalities
Derventa, Bosanski Brod / Srpski Brod, Odzak / Vukosavlje, Modrica, Doboj,
Gracanica / Petrovo, and Teslic and
elects ten (10) members.
Constituency 4 consists of municipalities Bosanski
Samac / Samac, Orasje / Srpsko Orasje, Gradacac / Pelagicevo, Bijeljina,
Lopare, Ugljevik, and voters from Brcko District who have registered to vote
for the Republika Srpska and elects nine (9) members.
Constituency 5 consists of
municipalities Kalesija / Osmaci, Zvornik, Sekovici, Vlasenica, Bratunac,
Srebrenica, Sokolac, Han Pijesak, Ilidza / Srpska Ilidza, Stari Grad / Srpski
Stari Grad, Novo Sarajevo / Srpsko Novo Sarajevo, Trnovo (RS), Pale (RS),
Rogatica, and Milici and elects eleven (11) members.
Constituency 6 consists of
municipalities Visegrad, Mostar / Srpski Mostar, Nevesinje, Kalinovik, Gacko,
Foca / Srbinje, Gorazde / Srpsko Gorazde, Cajnice, Rudo, Stolac / Berkovici,
Ljubinje, Bileca, and Trebinje and elects seven (7) members.
The Parliamentary Assembly of Bosnia
and Herzegovina shall conduct a review of financial penalties and expenses
limitations established by this Law at least every four (4) years and determine
whether they are in compliance with the economic and financial situation in
Bosnia and Herzegovina.
Financial penalties established by
this Law are income of the budget of the Institutions of Bosnia and
Herzegovina.
Until the final regulation of the
procedure for the election of the delegates to the House of Peoples of the
Parliamentary Assembly of Bosnia and Herzegovina, their election shall be
conducted in accordance with the Constitution of Bosnia & Herzegovina.
Until Annex 7 of the GFAP has been fully implemented,
the allocation of seats by constituent people normally regulated by Chapter 10,
Subchapter B of this law shall be done in accordance with this Article.
Until a new census is organized, the 1991
census shall serve as a basis so that each Canton will elect the following
number of delegates:
1) from the Legislature of Canton number 1, Una-Sanai
Canton, five (5) delegates, including two (2) Bosniacs, one (1) Croat and two
(2) Serbs shall be elected.
2) from the Legislature of Canton number 2, Posavina
Canton, three (3) delegates, including one (1) Bosniac, one (1) Croat and one
(1) Serb shall be elected.
3) from the Legislature of Canton number 3, Tuzla
Canton, eight (8) delegates, including three (3) Bosniacs, one (1) Croat, two
(2) Serbs and two (2) Others shall be elected.
4) from the Legislature of Canton number 4,
Zenica-Doboj Canton, eight (8) delegates, including three (3) Bosniacs, two (2)
Croats, two (2) Serbs and one (1) Other shall be elected.
5) from the Legislature of Canton number 5,
Bosnian-podrnije Canton – Gorazde, three (3) delegates, including one (1)
Bosniac, one (1) Croat and one (1) Serb shall be elected.
6) from the Legislature of Canton number 6, Central
Bosnia Canton, six (6) delegates, including one (1) Bosniac, three (3) Croats,
one (1) Serb and one (1) Other shall be elected.
7) from the Legislature of Canton number 7,
Herzegovina-Neretva Canton, six (6) delegates, including one (1) Bosniac, three
(3) Croats, one (1) Serb and one (1) Other shall be elected.
8) from the Legislature of Canton number 8, West
Herzegovina Canton, four (4) delegates, including one (1) Bosniac, two (2)
Croats and one (1) Serb shall be elected.
9) from the Legislature of Canton number 9, Canton
Sarajevo, eleven (11) delegates, including three (3) Bosniacs, one (1) Croat, five
(5) Serbs and two (2) Others shall be elected.
10) from the Legislature of Canton number 10,
Herzceg-Bosnia Canton, four (4) delegates, including one (1) Bosniac, two (2)
Croats and one (1) Serb shall be elected
This Election Law
shall enter into force eight (8) days after its publication in the Official
Gazette of Bosnia and Herzegovina. This Election Law shall also be published in
the Official Gazettes of the Entities and the Official Gazette of the District
of Brcko.
[1] High Representative Decision
139/02 - bold
High
Representative Decision 148/02 -
underline
High
Representative Decision 151/02 -
italic, underline
Law on Amendments to the Election Law, Official
Gazette of BiH 20/02 – italic
High
Representative Decision 181/04 - bold,
underline
Law on Amendments to the Election Law, Official
Gazette of BiH 4/04 – italic, bold
Law on Amendments to the Election Law, Official Gazette of BiH 20/04 – italic, bold, underline