PRESIDENTIAL ELECTIONS ACT
PROMULGATED STATE GAZETTE
No 82/04.10.1991;
Amended SG No. 98/1991, 44/1996,
59/1998
This Act defines the procedure whereby the President
and the Vice President of the Republic shall be elected.
(1) The elections of President and Vice President
shall be conducted simultaneously and throughout the country on the same
non-workday.
(2) The President and the Vice President shall be
elected on the same list of candidates.
The organization and technical preparation of the
elections shall be carried out by the Council of Ministers, the District
Governors and the mayors.
(1) Candidates for President and Vice President may be
nominated by the political parties and party coalitions through the persons
representing them, or by no fewer than 15,000 voters through an
nomination committee.
(2) To be eligible to nominate candidates for
President and Vice President, a party or party coalition must meet the
requirements of the Political Parties Act, the requirements of the present Act
and of the Election of Members of National Assembly, Municipal Councillors and
Mayors Act.
(3) To nominate candidates for President and Vice
President, voters must form a nomination committee of 5 to 7 voters, which
shall register with the Central Elections Commission.
Candidates for President and Vice President must meet
the requirements of Articles 93 to 95 of the Constitution of the
No later than fifty days before election
day, the National Assembly shall elect a 21-member Central Elections
Commission to conduct the presidential elections. The membership and the
leadership of the Central Elections Commission shall reflect the basic ratio of
parties and coalitions represented in the National Assembly.
(1) The candidates for President and Vice President
shall be entered by the Central Elections Commission in a special register upon
presentation of the following documents:
1. Nomination by the national leadership of the
respective party or party coalition, which shall set
forth the candidate's full name, date of birth,
residence and address, or by the nomination committee of voters with the
candidate’s full name, date of birth, residence and address, and an enclosed
list of names, addresses, IDs and signatures of no fewer than 15,000 voters;
2. Affidavit to the effect that the candidate has
resided in the country for the past five years;
3. The candidate's statement of acceptance regarding
the nomination;
4. Bank document for deposit paid pursuant to Article
6a.
(2) Candidates for President and Vice President shall
be registered no later than thirty-five days before election
day.
(3) The Central Elections Commission shall register
the candidates of parties, party coalitions and nomination committees, as well
as the number of the ballot-paper for the respective list of candidates.
Ballot- papers shall be white.
(4) The number of the ballot-paper of the individual
lists shall be determined by the Central Elections Committee by means of
drawing lots, after their registration.
(5) The documents submitted pursuant to paragraph (1)
shall be filed by sequence numbers. The sequence of submission shall determine
the sequence of entry in the register of the Central Elections Commission.
(1) Upon putting forward a nomination for President
and Vice President the parties, political coalitions and the nomination
committees shall deposit to an account with the Bulgarian National Bank
election non-interest-bearing deposit to the amount of 250,000 Leva.
(2) After announcement of the final election results
by decision of the Central Elections Commission the deposits shall be
reimbursed to the political parties, party coalitions and nomination committees
the candidates of which have received not less than 1 percent of the valid
votes.
(1) In cases of inconsistency with the requirements of
the Constitution and of this Act, the Central Elections Commission shall issue
a substantiated refusal to register the candidate. The nominating body shall be
notified forthwith of such refusal.
(2) The nominating body concerned shall be free to
appeal before the Supreme Court against such refusal of the Central Elections
Commission as under the foregoing Paragraph 1 within three days of receiving
notice thereof.
The Supreme Court shall issue a final ruling within
three days.
No later than twenty-five days before election day,
the Central Elections Commission shall publish the lists of candidates with
their full names, dates of birth, and residence, and the nominating party,
party coalition or nomination committee in State Gazette.
Voting shall be effected by white ballot-papers in
conformity with a sample approved by the Central Elections Commission. A
ballot-paper shall set forth:
1. The number of the ballot-paper determined by the
Central Elections Commission by means of drawing lots;
2. The name of the political party or party coalition,
or the inscription
"инициативен
комитет "
[nomination committee], which
have registered the respective list;
3. The full names of the candidates for President and
Vice President.
The election campaign shall open on the date that the
names of the candidates shall be published in State Gazette and shall close
twenty-four hours before election day.
The elections for President and Vice President shall
be con-ducted on the basis of voter registries.
(1) Voter registries shall be compiled by the
municipal administrations at the municipalities or mayor offices where
population registrars are kept, they shall be printed on the grounds of
centralized data bases and signed by the mayor and the secretary of the
municipality, and respectively by the mayor and if an appointed secretary
exists - by him.
(2) The lists of army conscripts shall be compiled at
the respective military unit under the supervision of the commander who shall
sign and send them to the municipal administration or mayor office on whose
territory the military unit is located no later than thirty-five days before election day.
(3) Generals (admirals), officers, NCOs and hired
civilian employees of the Armed Forces of the
(4) Bulgarian citizens with permanent or temporary
residence abroad shall be entered in voter registries compiled by the
diplomatic and consular missions of the Republic of Bulgaria, after they have
stated their desire to take part in the elections by statement in writing
containing the following data: full name, place and date of birth, ID number,
series and number of passport for travel abroad. The voters may cast their vote
after presentation of passport for travel abroad.
(1) Voter registries shall be compiled for each voting
section separately.
(2) The voter registries shall include the names of
the voters who have address registration on the territory of the respective
municipality or mayoralty at least two months prior to the elections day.
Voters who have changed their address registration after the abovesaid term
shall be entered in the voter registry at their former address registration.
Entered shall be also the names of citizens who are franchised as on the election day.
(3) A voter registry shall list in alphabetical order
the three names, address and Unique Citizens Code Number (ID number) of each
voter. Should in the course of the last six months prior to the elections day
changes occur in the name of the settlement, the street, the quarter, the
housing
complex or in
their numbers, the voter registry shall also list their former names or
numbers.
(4) Each voter shall be entered into only one voter
registry.
(5) The names of persons who by election
day have been disfranchised or have deceased shall be deleted from the
voter registries.
(1) A voter changing his or her place of residence for
more than ten days during the period from making the registry public to
election day, may request the municipal administration or mayor office where he
or she has been entered into the voter registry to be issued a licence to vote
elswhere. Licences for voting elsewhere shall be signed by the mayor or an
official authorized thereby.
(2) A voter who has received a licence to vote
elsewhere shall be deleted from the registry where he or she has been
originally entered and shall be entered by the Sectional Elections Commission
at the place of the temporary sojourn on election day
into a separate list signed by the chairman and the secretary of the
Commission. The entry shall be effected on the basis
of the licence to vote elsewhere and personal passport for this country, and
for army conscripts - of military ID book.
(3) Licences to vote elsewhere may not be issued on election day.
(4) Municipal administrations and mayor offices shall
keep a special register of the licences issued. Recipients of such licences
shall depose an affidavit that they shall vote at only one place.
(1) Registries of voters shall be made public by
municipal administrations and mayor offices at least thirty days prior to election day.
(2) Municipal administrations or mayor offices shall
submit copies of the prepared voter registries at the request of political
parties or nomination committees, having nominated President and Vice President
against payment.
(1) Any voter may request an amendment or adjustment
of the voter registry through entry or deletion of a voter, or elimination of
other mistakes or omissions in the list of voters.
(2) The request as per paragraph (1) shall be
submitted in writing to the mayor or a person authorized thereby not later than
7 days before the elections day. The mayor or the person authorized thereby
shall consider the request within 2 days and take a substantiated decision
which shall be notified forthwith to the applicant and also notified at a
public place.
(3) Within three days of the decision or upon the
expiry of the term as per paragraph (2), any interested person may appeal the
decision before the district court of law. The court shall consier the appeal
at an open sitting within 2 days of receipt thereof and shall summon the
claimant, the mayor or a person authorized thereby, and shall issue a ruling to
be announced immediately. The ruling of the court shall be final.
(4) The adjustments and amendments to the registries
of voters shall be subject to immediate announcement.
The originals of the voter registries and the other
election papers shall be kept by the municipal administration until the next
elections.
Voter registries in hospitals, maternity wards,
sanatoria, rest and recreation facilities, homes for
aged persons and others, as well as on board of vessels sailing under the
Bulgarian flag shall be compiled by the head of the respective facility or the
captain of the vessel on the basis of identity documents (passports). The head
of the facility or the captain of the vessel shall notify the municipal
administration or mayor office of their permanent places of residence about the
entry into the registry there in order to delete them from the respective
registries at the places of their permanent residence. New arrivals at such
institutions on election day shall not be entered in
their voter registry and shall not vote.
(1) One election section shall include up to 1,000
citizens. In settlements with more than 1,000 citizens shall be formed as many
sections as the times the number of 1,000 is contained in the number of
citizens. Where the remaining number exceeds or equals 500 citizens a separate
section shall be formed, and where the remaining number is less than 500
citizens the voters shall be distributed to the neighbouring sections.
(2) As an exception the mayors of municipalities may,
by proposal of the regional elections commissions, form election sections with
less than 500 citizens, but not less than 30 voters.
(1) For the purpose of holding elections the following
shall be formed:
1. Central Elections Commission;
2. Regional elections commissions;
3. Section elections commissions.
(2) Persons included as members of the elections
commissions shall be relieved of their official duties for the time necessary
for work at the respective commissions. They shall be entitled to unpaid
official leave for such period of time, which shall be recognized as length of
service in their specialty with the same employer, or should they request so -
they may use their due annual paid leave. The remuneration of members of the
Central Elections Commission shall be determined by the National Assembly, and
that of members of other elections commissions - by the Central Elections
Commission.
(3) Regional elections commissions shall be appointed
by the Central Elections Commission not later than 45 days prior to the
elections day, by proposal of district governors and in consulation with
representatives for the respective election region, authorized by the national
leaderships of political parties and coalitions represented in the National
Assembly, which have registered lists of candidates for President and Vice
President. Where no agreement has been reached the district governors shall
propose to the Central Elections Commission membership of the regional
elections commissions in compliance with the representation of the political parties
and coalitions in the National Assembly.
(4) Section elections commissions shall be appointed
not later than 35 days prior to the election day, by
proposal of mayors of municipalities in consultation with the local leaderships
of political parties and coalitions represented in the National Assembly. Where
no agreement has been reached, mayors of municipalities shall propose to
regional elections commissions membership of the
section elections commissions in compliance with the representation of political
parties and coalitions in the National Assembly.
(5) By proposal of the representatives of the
political parties and coalitions under paragraphs (3) and (4) as members of the
regional and section elections commissions may also be nominated representatives
of extra-Parliamentary political parties and coalitions, as well as non-party
members.
(1) A regional elections commission shall comprise a
Chairman, two Deputy Chairmen, a secretary and 3 to 7 members. The majority of
the members of the regional elections commission should be lawyers, if
possible.
(2) A section elections commission shall comprise a
Chairman, Deputy Chairman, a secretary and up to 4 members.
(3) In the course of determining the membership and
leadership of regional and section elections commissions the basic ratio shall
be retained as between political parties and coalitions represented in the
National Assembly.
(1) The Central Elections Commission shall:
1. supervise the
implementation of this Act, and shall exercise methodological management of the
operations of regional and section elections commissions, and shall consider
appeals against acts and actions of regional elections commissions. It shall
announce final decisions thereon within 3 days and notify such decisions;
2. set forth the terms and
procedures for participation in the elections of observers from this country
and from abroad, and shall provide them with the respective document;
3. set forth by decision the
terms and conditions for conducting election campaign in the national and local
mass media;
4. supervise the conducting
of the election campaign in the national mass media;
5. register observers of the
candidates for President and Vice President and issue certificates thereto
according to an established specimen;
6. assign by competitive
tender the computer processing of data from the elections and the issue
of bulletin
with elections results;
7. determine the number of
ballot-papers by drawing lots.
(2) (Amended, SG No 59/1998) Decisions of the Central
Elections Commission shall be subject to appeal before the
(3) The regional elections commissions:
1. supervise the
implementation of this Act on the territory of the election region and exercise
control over actions of their section elections commissions, as well as over
the timely and proper formation of election sections;
2. supervise the timely
compilation and announcement of voter registries, as well as the issue of
licences for voting elsewhere;
3. consider appeals against
decisions and actions of the section elections commissions and announce their
decisions within 3 days time period;
4. submit to the Central
Elections Commission the protocols from section elections commissions;
5. control the conduct of the
election campaign in local mass media.
(4) Decisions of the regional elections commissions
shall be subject to appeal before the Central Elections Commission within 3
days of the announcement thereof. The Central Elections Commission shall
consider the appeal within 3 days of its receipt and make decision, which shall
be final and notified forthwith.
(5) Section elections commissions:
1. prepare, organize and
ensure the free and peaceful voting at election sections;
2. count the ballot-papers, prepare in compliance with
a specimen the protocols for voting results and submit them to the respective
regional elections commission within 24 hours following the completion of
voting;
3. consider appeals and
decide on them forthwith.
(6) On elections day the instructions of the Chairman
of the section elections commission shall be mandatory for all persons within
the elections premises. These instructions may be repealed by decision of the
section elections committee.
(7) The protocols of the respective election
commission shall be signed by all members of the commission on each and every
page. Any member of the commission who does not agree with the contents of the
protocol shall sign it by stating dissenting opinion which shall be entered in
the protocol. Where for some objective reasons a member of the commission is
prevented from signing the protocol, that should be
explicitly indicated together with the reasons thereof. The failure of a member
of the commission to sign the protocol for some personal, political or other
reasons shall not invalidate it.
Throughout the election campaign, candidates shall
receive equal coverage in the news programmes of the national mass media.
(1) The election campaign shall start and end with
adresses of the candidates for President and Vice President broadcasted by the
Bulgarian National Television and the Bulgarian National Radio, whereas the
sequence of adresses shall be determined by drawing lots according to procedure
specified by the Central Elections Commission.
(2) The Bulgarian National Television and the
Bulgarian National Radio shall prepare blocks of speeches of not less than two
but not more than six pairs of candidates per day. The candidates on the lists
for President and Vice President shall have seven minutes for their addresses
at the start of the campaign and five minutes at the end of the campaign.
(3) The Bulgarian National Television and the
Bulgarian National Radio shall provide for disputes television and radio broadcast
time of 120 minutes once per week. The topics for disputes shall be specified
in consultation between the observers of the lists of candidates for President
and Vice President registered for participation in the elections by the
political parties and coalitions represented in the National Assembly. The
consultations shall be organized by the General Directors of the Bulgarian
National Television and the Bulgarian National Radio.
(4) Half of the time for disputes under paragraph (3)
shall be distributed between the lists for President and Vice President
registered by the political parties and coalitions represented in the National
Assembly, pro rata to their representation. The other half of the time under
paragraph (3) shall be distributed in equal parts to the lists for President
and Vice President registered by political parties and coalitions which are not
represented in the National Assembly or by nomination committees, but not more
than five minutes per list of candidates.
(5) The order of presentation in the disputes
broadcasted by the Bulgarian National Television and the Bulgarian National
Radio shall be set by drawing lots.
(6) The teams and the conditions for realization of
the disputes shall be determined jointly by the General Directors of the
Bulgarian National Television and the Bulgarian National Radio and the
observers for the lists of candidates for President and Vice President
registered for participation in the elections.
(7) The regional television centers, the regional
radio stations, the municipal and local radio broadcasting units shall provide
up to two hours of television and radio broadcasting time per week for
pre-election broadcasts.
(8) The Bulgarian National Television and the
Bulgarian National Radio, the regional television and radio centers and the
private television and radio stations shall include in their information
broadcasts reports about processions, meetings, concerts and other events
organized by parties, coalitions and independent candidates, in compliance with
the principle of equality in respect of duration, time and variable sequence of
broadcasts.
(1) The regional television centers, the regional
radio stations, the local and municipal radio broadcasting units shall provide
up to two hours television and radio broadcasting time for disputes.
(2) The topics for the disputes, the order for their
realization and the participation of the candidates shall be set according to
the provisions of Article 11a.
(3) Entitled to participation in television and radio
disputes shall be the candidates for President, Vice President and their
observers, within the time period they are entitled to.
(1) In case a second round of elections is to be held,
the candidates shall be entitled to make addresses by broadcasts of the
Bulgarian National Television and the Bulgarian National Radio on the last day
of the election campaign between the two rounds, within a time limit of 10 minutes,
whereas the sequence of addresses shall be determined by drawing lots by
procedure set forth by the Central Elections Commission.
(2) By mutual agreement throughout the period between
the two rounds, within the specified broadcast time by the Bulgarian National
Television and the Bulgarian National Radio, the candidates may hold disputes
of duration up to 90 minutes. The topic of the dispute and the order of its
realization shall be pursuant to the provisions of Article 11a.
(3) The events under paragraphs (1) and (2) shall not
be paid by the candidates.
(1) The participation in the pre-election disputes on
the Bulgarian National Television and the Bulgarian National Radio shall be
paid prior to broadcasting and according to tariffs specified by the Council of
Ministers.
(2) The addresses of the candidates shall be free of
charge.
(3) The television and radio stations and the cable
television operators owned by natural and legal persons may provide broadcast
time for the election campaign of the candidates at equal prices announced in
advance.
(4) Foreign radio stations broadcating from the
territory of the
(1) In case of violations of the order for conducting
the election campaign by the Bulgarian National Television and the Bulgarian
National Radio the candidates concerned may file claims with the Central
Elections Commission. The claims shall be considered provided they have been
submitted within 24 hours of the respective broadcast.
(2) In case of violations of the order for conducting
the election campaign by the regional television centers, radio stations,
municipal and local radio units, the candidates concerned may file claims with
the regional election commission. The claims shall be considered provided they
have been submitted within 24 hours of the respective broadcast.
(3) Decisions of the election commissions in respect
of paragraphs (1) and (2) shall be mandatory for the mass media.
(1) For the purpose of holding elections for President
and Vice Pesident the territory of this country shall be divided into 31
election regions, coinciding with the election regions for the last elections
of people’s deputies.
(2) The voting and calculation of votes shall be effected by election sections to be formed by order of the
mayor of the respective municipality not later than 45 days prior to the
election day.
(3) The regional elections commissions shall set the
numbers of election sections in compliance with the uniform numbers of sections
determined by decision of the Central Elections Commission not later than 30
days prior to the elections day.
(4) The election sections at diplomatic and consular
missions of the Republic of Bulgaria shall be formed by the heads thereof not
later than 14 days prior to the elections day, provided at least 30 voters have
stated their desire to take part in the elections pursuant to Article 10b,
paragraph (4).
(1) The total amount used to finance the election
campaign of each list of candidates may not exceed 2,000,000 levs.
(2) Candidates for President and Vice President shall
be free to receive campaign contributions of up to 50,000 levs each. No foreign
State, nor any foreign natural or corporate person, nor any state-owned
enterprise or joint venture shall finance a candidate's election campaign.
(3) Some 50 percent of the funds provided by the
budget for financing the election campaign shall be allocated in equal parts
among the candidates of parties and coalitions which are represented in the
National Assembly and have nominated their own candidates or joint candidates
with another political party or coalition. The candidates nominated by parties,
coalitions and nomination committees may receive short-term interest-free loans
from the remaining funds of the budget allocated for financing of the election
campaign. The amounts shall be provided upon presentation of bank guarantee.
The candidates for President and Vice President who have obtained less than 1
percent of the valid votes in the elections shall reimburse the amounts
received. The procedure for providing and reimbursement of funds shall
be specified
by the Council of Ministers.
Should a registered candidate be incapacitated by
death or grave illness, he may be replaced by another candidate not later than
7 days before election day. Articles 3 to 7 shall
apply accordingly.
The act of voting shall be recorded in the voter's
passport with the text "Voted for President" and the date of election day.
(1) The results of the first round of balloting shall
be announced by the Central Elections Commission immediately after their
determination and no later than forty-eight hours after the election
day has been declared closed.
(2) If none of the candidates succeed in gaining a
victory, the Central Elections Commission shall announce the two leading
candidates from the lists which have won the highest number of votes and shall
hold a second round of the elections within the time provided by Article 93,
Paragraph (4) of the Constitution.
(3) The election campaign pursuant to the foregoing
Paragraph (2) shall open upon the announcement of the candidates and shall
close twenty-four hours before the day of the second round.
(1) Should any of the leading candidates decline to
enter the second round, the latter shall be contested by the candidates from
the runner-up list established by the Central Elections Commission.
(2) Should any of the leading candidates be
incapacitated by death or grave illness, the Central Elections Commission shall
postpone the election and shall set a new date 14 days after the original date
set for the second round. The national leadership of the respective party or
party coalition shall be free to register a new candidate pursuant to the
procedure under Article 3 hereof within three days from the ruling of the
Central Elections Commission.
(1) The final results of the election for President
and Vice President shall be announced by the Central Elections Commission
within three days as of the date of the second round and shall be proclaimed in
State Gazette within seven days as of the same.
(2) The results shall be announced by lists for all of
the candidates. In the case of a second round election, the results of the
first round of balloting shall be announced as well.
The President and the Vice President elect shall be
sworn in pursuant to Article 76, Paragraph (2) of the Constitution of the
(1) Persons who violate the established order for
conducting the election campaign shall be penalized by fine of 10,000 to
100,000 Leva.
(2) Persons who violate the provisions of this Act on
financing the election campaign and the accounting of funds shall be penalized
by fine of 50,000 to 100,000 Leva.
The acts for ascertainment of administrative
violations shall be prepared by the mayors or the chairmen of election
commissions.
(1) The penal rulings shall be issued by the district
governors.
(2) The penal rulings on acts for ascertainment of
violations in conducting the election campaign in the Bulgarian National
Television, the Bulgarian National Radio, as well as on acts for ascertained
violations in respect of Article 19, shall be issued by the
(3) The ascertainment of violations, the elaboration
of acts, the issuing and appealing of penal rulings shall be pursuant to the
terms and procedure of the Administrative Violations and Penalties Act.
Within a month as of the date of the election, all the
candidates for President and Vice President shall make a statement before the
National Assembly of the sources of finance and the expenses for their election
campaign.
§ 1. The samples of documents and ballot papers
required for the holding of elections under this Act shall be approved by the
Central Elections Commission on proposal by of the Council of Ministers, and
shall be promulgated in the State Gazette.
§ 2. The relevant provisions of the Election of
Members of National Assembly, Municipal Councillors and Mayors Act shall apply
to any matter not settled by this Act.
§ 3. This Act is hereby referred for enforcement to
the Council of Ministers and to the Central Elections Commission for the
Presidential Elections.
This Act was submitted to a vote and duly adopted by
the Grand National Assembly on
Acting Chairman of the Grand National Assembly: Ivan
Gloushkov
Note: The amendments and adjustments have been
introduced with the Amendment Act to the Presidential
Elections Act (SG No 82/1991) which was submitted to a
vote and duly adopted by the 36th National Assembly on November 27th, 1991, and
the State Seal was affixed hereto, and the Amendment Act to the Presidential
Elections Act (SG No 44/1996) which was submitted to a vote and duly adopted by
the 37th National Assembly on May 9th, 1996, and the State Seal was affixed
hereto.