THE CROATIAN PARLIAMENT
3178
Pursuant to Article 88 of the Constitution of the Republic of Croatia, I hereby issue the
DECISION
PROMULGATING THE ACT ON THE ELECTION OF MUNICIPALITY HEADS, MAYORS, COUNTY PREFECTS AND THE MAYOR OF THE CITY OF ZAGREB
I hereby promulgate the Act on the Election of Municipality Heads, Mayors, County Prefects and the Mayor of the City of Zagreb passed by the Croatian Parliament at its session on 5 October 2007.
Class: 011-01/07-01/158
Reg. no.: 71-05-03/1-07-2
Zagreb, 12 October 2007
The President of
the Republic of Croatia
Stjepan Mesić, m.p.
ACT
ON ELECTION OF MUNICIPALITY HEADS, MAYORS, COUNTY PREFECTS AND MAYOR OF CITY OF ZAGREB
I. GENERAL PROVISIONS
This Act shall stipulate the method, terms and procedure for the election of municipality heads, mayors, county prefects and the Mayor of the City of Zagreb as the holders of executive powers in local and regional self-government units as well as the exercise and protection of voting rights.
Municipality heads, mayors, county prefects and the Mayor of the City of Zagreb shall be elected directly in the elections, by secret ballot for a period of four years. Municipality heads, mayors, county heads and the Mayor of the City of Zagreb shall have their deputies who shall be elected together with them and at the same time, using the same method and the same procedure.
The right to vote for a municipality head, mayor, county head and the Mayor of the City of Zagreb shall be granted to all voters with permanent residence on the territory of a local, i.e. regional self-government unit in which elections are held.
The right to be elected as a municipality head, mayor, county prefect and the Mayor of the City of Zagreb shall be granted to all voters who on the day the elections are scheduled have had registered permanent residence for a period of at least 6 months on the territory of a local, i.e. regional self-government unit in which elections are held.
Nobody can be a candidate and candidate’s deputy at the same time.
Nobody can run for office in a unit of both local and regional self-government at the same time.
The term of office of a municipality head, mayor, county prefect and the Mayor of the City of Zagreb elected in both regular and early elections shall last up to the day of the announcement of the official election results for a new municipality head, mayor, county prefect and the Mayor of the City of Zagreb.
Regular elections of municipality heads, mayors, county prefects and the Mayor of the City of Zagreb shall be held every four years, at the same time as the elections of the members of representative bodies in local and regional self-government units.
Elections shall be called by the Government of the Republic of Croatia by means of a decision setting the date they are to be held.
The period from the day elections are called to the day they are held should last no less than 30 and no more than 60 days.
The term of office of municipality heads, mayors, county prefects and the Mayor of the City of Zagreb and their deputies could cease even before it expires, pursuant to the provisions of the acts that govern local and regional self-government.
In case the term of office of a municipal head, mayor, county prefect and the Mayor of the City of Zagreb ends before it expires, new early elections will be called.
The new elections will be called within the period of 60 days from the day the term of office ended.
In case the term of office of a municipal head, mayor, county prefect and the Mayor of the City of Zagreb ends in the calendar year in which regular elections are to be held, but before they have been held, early elections will not be held in that local, i.e. regional self-government unit. The rights, obligations and responsibilities of a municipal head, mayor, county prefect and the Mayor of the City of Zagreb will be assumed by a deputy until regular elections are held.
In case the term of office of a municipal head ends with impeachment, the term of office of his/her deputy shall end, as well.
In case the term of office of the deputy ends as well, the Government shall appoint a commissioner.
The Commissioner of the Government of the Republic of Croatia shall assume office of a municipal head, mayor, county prefect and the Mayor of the City of Zagreb until new elections.
While in office, a municipal head, mayor, county prefect and the Mayor of the City of Zagreb and their deputies cannot be the members of the representative bodies of the same or different local, i.e. regional self-government unit.
While in office, a municipal head, mayor, county prefect and the Mayor of the City of Zagreb and their deputies cannot be:
– the President of the Republic of Croatia,
– the President, Vice-president and a member of the Government of the Republic of Croatia,
– the President, Vice-president and a judge of the Constitutional Court of the Republic of Croatia,
– the Governor, Deputy Governor and Vice-governor of the Croatian National Bank,
– the Auditor General and his/her deputy,
– the Ombudsman and his/her deputy,
– a judge,
– the Chief State Prosecutor and Deputy Chief State Prosecutor or a Public Prosecutor and Deputy Public Prosecutor,
– the Secretary and Deputy Secretary of the Croatian Parliament,
– the Secretary and Deputy Secretary of the Government of the Republic of Croatia,
– the Secretary General of the Constitutional Court of the Republic of Croatia,
– the Secretary of the Supreme Court of the Republic Croatia,
– the State Secretary,
– the Ombudsman for children and his/her deputy,
– the Gender Equality Ombudsman and his/her deputy,
– an Assistant Minister,
– a Secretary General,
– the Deputy Secretary of State in central state administrative offices,
– the director, deputy and assistant director of state administrative organizations,
– the president and vice- president of the Croatian Privatization Fund,
– the director and deputy director of the Croatian Pension Insurance Fund,
– director, deputy and assistant director of the Croatian Institute for Health Insurance,
– the Rector and Deputy Rector of a university,
– the Chief State Treasurer,
– the chief of the office staff, director of the agency and administration of the Government of the Republic of Croatia,
– the director of an institute appointed by the Government of the Republic of Croatia,
– an official in the Office of the President of the Republic appointed by the President of the Republic of Croatia,
– the director, an official and employee in administrative bodies of the same or different local, i.e. regional self-government unit,
– a member of the board of directors of a company in which the majority stake is owned by a unit of local, i.e. regional self-government,
– the director and an employee of an institution founded by a unit of local, i.e. regional self-government.
A person execising an incompatible office has the right to run for office, and if elected, he/she has to tender his/her resignation from the incompatible office before assuming office as a municipality head, mayor, county prefect and the Mayor of the City of Zagreb.
In case the person from paragraph 1 of this Article does not hand in his/her resignation from the incompatible office, he/she will not be allowed to assume office as a municipality head, mayor, county prefect and the Mayor of the City of Zagreb. The provisions of paragraphs 1 and 2 of this Article shall also apply to deputies of a municipality head, mayor, county prefect and the Mayor of the City of Zagreb.
Persons on active duty in the armed forces, officials and employees in Croatian Armed Forces shall not be allowed to run for office of a municipality head, mayor, county prefect and the Mayor of the City of Zagreb or their deputies.
Freedom to express their voting intentions and secret ballot will be guaranteed to voters.
A voter is free to announce his/her voting intentions.
Nobody can be called to account because he/she has or has not voted.
II. NOMINATION
Candidates for a municipality head, mayor, county prefect and the Mayor of the City of Zagreb and their deputies can be nominated by political parties registered in the Republic of Croatia.
Two or more political parties can nominate the same mutual candidate.
Political parties shall nominate candidates in accordance with the Statute or a special decision.
Voters can nominate independent candidates for a municipality head, mayor, county prefect and the Mayor of the City of Zagreb and their deputies.
In order for party and independent nominations to be valid, the following should be collected:
– 50 signatures of voters for a municipality head in a municipality with up to 1,000 inhabitants,
– 100 signatures of voters for a municipality head in a municipality with over 1,000 inhabitants,
– 500 signatures of voters for a mayor of a town with less than 35,000 inhabitants.
– 1,000 signatures of voters for a mayor of a town with over 35,000, and less than 100,000 inhabitants,
– 2,000 signatures of voters for a mayor of a town with over 100,000 inhabitants,
– 2,500 signatures of voters for a county prefect,
– 5,000 signatures of voters for the Mayor of the City of Zagreb.
Voters´ signatures shall be collected on a proper form.
In addition to the signature of a voter, the form shall also contain his/her first and last name, fixed address of a voter, as well as the number and place of issuance of the valid identity card.
The content and shape of the form shall be prescribed by the State Election Commission of the Republic of Croatia (hereinafter: the State Election Commission).
The proposals for nominations have to be submitted to a competent election commission on a proper form within 12 days from the day on which elections were called.
Nominations shall contain the first and last name of candidates and deputies, addresses of registered permanent residence, as well as the numbers and places of issuance of valid identity cards.
In addition to nominations, the statements of candidates and deputies on accepting a nomination shall also be submitted.
Statements on accepting a nomination shall be certified by a notary public or competent election commission.
In addition to the first and last name of a candidate, a nomination shall also contain the name of a political party or coalition nominating the candidate.
Together with the first and last name of a candidate nominated by voters the term “independent candidate” should be stated.
When accepting a nomination a competent election commission shall check whether the nomination is fully in accordance with the provisions of this Act and obligatory instructions of the State Election Commission.
In case the competent election commission determines that the nomination has not been submitted pursuant to the provision of paragraph 1 of this Article, it shall call the submitter to eliminate the identified shortcomings within 48 hours.
The competent election commission can order the submitter of a nomination to eliminate the shortcomings even within a shorter period of time if the deadline for submitting nominations expires in less than 48 hours.
In case a candidate or deputy dies before the deadline for submitting nominations expires, and before the general electoral list has been published, the submitter can nominate another candidate or deputy without obligation to collect and submit the forms with signatures to the election commission, which are, pursuant to the provisions of this Act, required in order for a nomination to be valid.
By means of a decision a competent election commission shall determine which nominations are valid pursuant to the provisions of this Act and shall publish them in the press.
Nomination that have not been submitted on time and are not valid shall be dismissed, i.e. rejected by the competent election commission by means of a decision.
A competent election commission shall make and publish the general electoral list of valid nominations 48 hours after the deadline for submitting nominations has expired. On the general electoral list nominations will be stated according to the alphabetical order of candidates´ last names.
The election campaign shall start on the day the general electoral lists of nomination are published, and ends 24 hours before elections.
Candidates have the right to present and explain their election platforms during the election campaign.
Candidates have the right to the election campaign under equal conditions.
Local mass media are obliged to enable all candidates participating in the elections to present and explain their election platforms as well as to run their election campaign freely under equal conditions.
On the day preceding elections and on the day of elections until the polls (hereinafter: polling places) are closed at 7 pm, no election campaign as well as neither the announcement of preliminary results nor assessment of election results are allowed.
On the day of elections polls of public opinion and voting intentions can be taken, but the results of these polls cannot be announced before 7 pm.
The right to reimbursement of costs for the election campaign shall be granted to those candidates who have won in the elections at least 10% of votes from the total number of voters who have gone to the polls.
Reimbursement of costs for the election campaign shall be paid from the budget of a local, i.e. regional self-government unit.
The amount of the cost reimbursement for the election campaign shall be set by the Government of the Republic of Croatia by means of a special decision.
The Government of the Republic of Croatia shall make the decision 20 days before the election day at the latest.
The decision of the Government of the Republic of Croatia shall be published in the Official Gazette.
The decision shall also apply to the early elections of a municipal head, mayor, county prefect and the Mayor of the City of Zagreb.
The election campaign shall be financed by private means and donations of Croatian natural and legal persons.
Candidates and deputy candidates are forbidden to accept donations from anonymous sources.
In order to cover costs of the election campaign, candidates and deputies are not allowed to accept donations in money, other means, or services from other countries, political parties from other countries, foreign citizens, legal entities from other countries, public limited companies, legal entities with public authorities and state majority-owned companies, legal entities in which the Republic of Croatia or a unit of local, i.e. regional self-government holds a majority stake, i.e. shares of public and other institutions founded by the Republic of Croatia or a unit of local, i.e. regional self-government, an association of employees and employers, an association of a foundation represented by government officials or officials of local, i.e. regional self-government, legal entities with public authorities, religious communities, charity and other non-profit association and organizations, the budget of local, i.e. regional self-government units, companies owned or co-owned by a unit of local, i.e. regional self-government and institutions founded by the state of a unit of local, i.e. regional self-government.
In case assets have been paid to the account of a candidate or deputy that are not in accordance with paragraph 1 of this Article, a candidate or deputy is obliged to inform a competent election commission about that and immediately pay the assets to the budget of a unit of local, i.e. regional self-government.
It is forbidden to condition the launching, financing or completing of a project in a unit of local, i.e. regional self-government by voting for a certain candidate.
Candidates and deputy candidates are obliged to submit an interim report on the sources and amount of assets accumulated for financing their election campaign to the competent election commission of a unit of local, i.e. regional self-government 7 days before the election at the latest.
Candidates and deputy candidates are obliged to submit the final report on the sources and amount of assets spent on their election campaign to the competent election commission of a unit of local, i.e. regional self-government within 14 days from the announcement of official election results.
The competent election commission of a unit of local, i.e. regional self-government shall publish a comprehensive report on the sources and amount of assets for the election campaign of all candidates in the local press and local mass media.
III. ELECTION OF MUNICIPALITY HEAD, MAYOR, COUNTY PREFECT AND MAYOR OF CITY OF ZAGREB
A municipality head, mayor, county prefect and the Mayor of the City of Zagreb are elected by means of the first-past-the-post electoral system, in which the whole territory of a municipality or town, county and the City of Zagreb forms one electoral constituency.
A municipality head, mayor, county prefect and the Mayor of the City of Zagreb are elected by the majority of the votes of all the voters who have cast a vote. The candidate who wins in elections over 50% of the votes of the voters who have gone to the polls (the first round of elections) will be elected as a municipality head, mayor, county prefect and the Mayor of the City of Zagreb.
In case none of the candidates wins the majority of votes in the first round of the election, a re-election will be held (the second round of elections) on the fourteenth day after the first round of the elections.
The two candidates who won the majority of votes in the first round of elections shall participate in the second round.
In case the second and third candidate on the list win the same number of votes and it cannot be determined which candidate has the right to participate in the second round of elections, the election procedure will be repeated in its entirety.
In case one or both of the candidates with the majority of votes in the first round withdraw from the second round of elections, the right to participate in the second round of elections shall be given to the next candidate considering the number of votes.
The candidate shall make a written statement on withdrawing from the second round of elections and submit it to a competent election commission within two days after the decision on carrying out the second round of elections was made.
The election commission is obliged to inform the next candidate who, considering the number of votes, acquires the right to participate in the second round of elections without delay.
The election commission shall then announce within 24 hours which candidates, considering the number of votes, shall participate in the second round of elections.
In the second round of the elections the candidate who wins the majority of votes of the voters who have cast a vote shall be elected.
In case in the second round both candidates win the same number of votes, the elections shall be repeated in the third round using the method and procedure prescribed for the second round of elections.
In case in the third round both candidates win the same number of votes, the election procedure shall be repeated in its entirety.
In case one of the candidates who have the right to participate in the second round dies in the period from the first round of elections to the second round, the election procedure shall be repeated in its entirety.
Candidates participating in the second, i.e. the third round of elections, have the right to an election campaign pursuant to the provisions of this Act.
IV. BODIES RESPONSIBLE FOR CARRYING OUT ELECTIONS
The bodies responsible for carrying out elections are the State Election Commission and election commissions in local and regional self-government units as well as electoral committees appointed for the election of the members of representative bodies of local and regional self-government units (hereinafter: electoral bodies).
The election of a municipality head is carried out by a municipal election commission and electoral committees.
The election of a mayor is carried out by a city election commission and electoral committees.
The election of a county prefect is carried out by a county election commission and electoral committees.
The election of the Mayor of the City of Zagreb is carried out by the City Election Commission and electoral committees.
In case elections are held at the same time as the election for members of representative bodies of local and regional self-government units, special electoral bodies will not be appointed. The same electoral bodies shall conduct all election activities.
The same electoral bodies shall carry out the repeated and early elections.
Members of election commissions and electoral committees, and deputy members can be only those persons who have a voting right and are not candidates in the elections.
Members of election commissions and electoral committees and deputy members have the right to pecuniary compensation for their work.
The amount of the compensation will be determined by the State Election Commission.
The decision shall also be applied to the election of a municipality head, mayor, county prefect and the Mayor of the City of Zagreb.
Unless otherwise stipulated by this Act, the provisions of the Act governing the election of the members of representative bodies shall be applied to the appointment, content and scope of work of election commissions in local and regional self-government units.
V. CONDUCT OF ELECTIONS
The voting shall be conducted at the polling places on the territory of a municipality, town and the City of Zagreb.
A polling place cannot be a religious facility, a rented or leased facility or a facility permanently used by a political party as well as the premises on which alcoholic beverages are served and consumed.
Polling places are set by a competent election commission depending on the number of voters and geographical distance, in order to ensure that all voters can reach the polling places and that they can vote on the election day.
Each polling place shall have its number determined by a competent election commission.
The list of polling places stating which voters will vote where shall be published at least eight days before the elections in the press and at places where citizens usually gather in public.
A special room for voting shall be set for each polling place.
Polling places have to be arranged and equipped in such a way in order to ensure the secrecy of voting.
For each polling place a special room shall be set for voting arranged and equipped in such a way in order to ensure the secrecy of voting, and in which only the state symbols can be prominent in accordance with the Constitution of the Republic of Croatia and the Act on the Coat of Arms, Flag and Anthem of the Republic of Croatia and the sash of the President of the Republic of Croatia (“Official Gazette”, no. 55/90), such as the coat of arms of the Republic of Croatia and the flag of the Republic of Croatia as well as the symbols of counties, towns, i.e. municipalities pursuant to their Statute.
General electoral lists with the names of candidates and deputy candidates for a unit of local, i.e. regional self-government have to be put on a prominent place at each polling place.
VI. VOTING AND DETERMINING VOTE RETURNS
The voting shall be carried out in person using a ballot paper at a polling place.
Ballot papers are printed in a state printing office under direct supervision of the State Election Commission and are marked with a serial number.
A ballot paper contains the following:
– the number of a candidate,
– the first and last name of a candidate and deputy,
– the name of a political party or coalition nominating a candidate and deputy, i.e. the sign “independent candidate”,
– a serial number.
On a ballot paper candidates are listed according to the alphabetical order of the last names of candidates and deputy candidates.
A person can vote only for candidates stated on a ballot paper.
A ballot paper is filled out by encircling the number before the first and last name of the candidate a voter shall vote for.
A valid ballot paper is such a paper from which the candidate for whom a voter has voted can be determined with certainty and without any doubt.
An invalid ballot paper is the following:
– a ballot paper, which has not been filled out,
– a ballot paper from which the name of the candidate for whom a voter has voted cannot be determined with certainty and without any doubt,
– a ballot paper on which a voter has voted for two or more candidates.
The voting shall last from 7 am to 7 pm when the polling places shall close. Voters who happen to be in a queue at a polling place at 7 pm will be allowed to vote.
During the voting all members of an electoral committee and their deputies have to be present at a polling place.
Everybody is obliged to keep peace and order at a polling place. It is forbidden to run an election campaign, intimidate, try to persuade or in any other way influence voters.
The president of an electoral committee is entitled and obliged to take care of keeping peace and order during the voting and take all necessary actions in order to re-establish peace and order, which have been disrupted.
The president of an electoral committee is entitled to send off from the polling place a voter disrupting peace and order or making other persons´ voting harder or impossible.
The president of an electoral committee can ask for police help. Police officers who have been asked to help can bring in weapons at a polling place.
Before a voter starts to vote, the president of an electoral committee or a member authorized by him/her shall determine the identity of a voter based on a valid identity card or passport and check whether the voter has been registered to the electoral roll.
The identity of a voter being determined and registration of a voter to the electoral roll being checked, the president of an electoral committee or a member authorized by him/her, shall hand in a ballot paper to the voter and allow him/her to vote.
The president of an electoral committee or a member authorized by him/her shall encircle a number on the electoral list, which means that the voter has been given a ballot paper and has voted.
In case the president of an electoral committee or a member authorized by him/her determines that a voter has not been registered on the electoral roll, he/she will not allow him/her to vote, unless the voter proves that he/she has the right to vote at that polling place by means of a certificate of a competent authority, and the president or the other authorized member of an electoral committee is obliged to inform the voter about the method of voting with a certificate.
The certificate, on the basis of which the non-registered voter has voted, shall be submitted to the electoral committee before voting and shall be a component part of the election material.
The voting of the voter referred to in paragraph 1 of this Article shall enter separately into the record of the work of the electoral committee.
A voter who due to a physical disability or because he/she is illiterate cannot vote on his/her own, can come to a polling place with a literate person who will vote on his/her behalf, upon his/her authorization and according to his/her instruction.
A voter who due to a severe illness, physical disability or general weakness cannot come to a polling place shall inform an electoral committee about that. The president of the electoral committee shall designate two members of the electoral committee or deputy members who will visit the voter and enable him/her to vote.
The secrecy of the voter’s voting has to be ensured.
The voting of voters pursuant to the provisions of paragraph 1 of this Article shall enter separately into the record of the work of the electoral committee.
Upon the end of the voting the electoral committee shall first count all the unused ballot papers and put them in a special envelop that will be closed and sealed.
After that, the electoral committee shall determine, according to the electoral roll, i.e. the excerpt from the electoral roll and based on the record, the total number of the voters who have voted, start opening the polling box and counting votes.
In case when counting votes at a polling place it is determined that the number of votes according to the electoral roll is higher than the number of votes according to ballot papers, the voting results according to ballot papers are valid.
In case when counting votes it is determined that a smaller number of voters have voted than the number of the votes in a polling box, the electoral committee shall be dissolved and a new one appointed, and the voting at that polling place shall be repeated after 14 days. In case the voting has to be repeated, the returns at that polling place shall be determined within 24 hours from the repeated voting.
When an electoral committee determines the voting results at a polling place, the following shall enter into the record of its work:
– the number of voters according to the electoral roll, i.e. the excerpt from the electoral roll,
– the number of voters who went to the polls according to the electoral roll, i.e. with a certificate,
– the number of voters who voted outside the polling place,
– the number of voters who voted at the polling place with help of another person,
– the total number of voters,
– the total number of votes given to each candidate and
– the number of invalid ballot papers.
All other facts relevant to the voting shall also enter into the record of the work.
Remarks to the record can be given by all members of an electoral committee and deputy members.
The record shall be signed by all members of an electoral committee.
In case a member of an electoral committee or a deputy member refuses to sign the record, an official remark shall be made stating the fact that a member refused to sign the record and the reasons for the refusal, in case stated by the member of the electoral committee or deputy member.
The record of the work and all other election materials shall be submitted by an electoral committee to the election commission of a municipality, town, i.e. the City of Zagreb, within 12 hours from the closure of polling places at the latest.
An election commission shall determine the voting results at the polling places on its territory within 24 hours from the closure of the polling places at the latest.
When electing a county prefect, the election commission of a municipality, i.e. town shall submit the voting results on its territory, together with the record of the work to a competent county election commission, using the method and within a period set by the county election commission.
An electoral commission shall take the record on its work noting the following:
– the number of voters registered to the electoral roll, i.e. excerpt from the electoral roll on its territory,
– the number of valid and invalid ballot papers,
– the number of votes given to each candidate.
Every member and deputy member of an election commission can put remarks into the record.
The record shall be signed by all members of an election commission.
In case a member of an election commission or a deputy member refuses to sign the record, an official remark shall be made stating the fact that a member refused to sign the record and the reasons for the refusal, in case stated by the member of the election commission or deputy member.
The election returns for a municipality head, mayor, county prefect and the Mayor of the City of Zagreb shall be determined by a competent election commission of a unit of local, i.e. regional self-government based on the voting results at all polling places in a unit of local, i.e. regional self-government.
When the election commission determines the voting results, it shall immediately announce:
– the number of voters registered to the election roll of a local, i.e. regional self-government unit,
– the number of votes given to each respective candidate,
– the number of invalid ballot papers,
– the first and last name of the candidate elected as a municipality head, mayor, count prefect and the Mayor of the City of Zagreb,
– the first and last name of the candidate elected as a deputy municipality head, mayor, count prefect and the Mayor of the City of Zagreb.
The election returns shall be immediately published in the local media, local radio station and newspapers, as well as on the notice board of a local, i.e. regional self-government unit.
VII. RIGHTS AND OBLIGATIONS OF OBSERVERS
Political parties, voters who have nominated candidates, non-governmental organizations and international organizations doing business in the Republic of Croatia have the right to monitor elections. The right to monitor elections particularly covers the monitoring of election campaigns, special printing and use of election material, whole election procedure, voting, work of electoral bodies and insight into the complete election material.
An observer set by a political party is obliged to show a certificate of the political party that has appointed him/her to the electoral body that he/she shall monitor. The certificate shall be issued and signed by a person authorized to represent a political party, i.e. a representative authorized by that person.
An observer set by voters nominating an independent candidate is obliged to show the consent of the independent candidate to the electoral body that he/she shall monitor.
Non-governmental organizations intending to monitor elections are obliged to request an approval to monitor election commissions and electoral committees from a competent county election commission within 20 days from the day elections were called at the latest.
The State Election Commission shall make a decision on issuing an approval to monitor its work.
A request to issue an approval shall be appended to a transcript or copy of the decision on the entry into the Register of Associations.
The decision on the request of a non-governmental organization shall be immediately submitted by the competent election commission to the address of the organization or to an authorized person of the organization.
An observer designated by a non-governmental organization allowed to monitor elections is obliged to show the electoral body that he/she shall monitor a certificate of the non-governmental organization that has designated him/her.
The certificate shall be issued and signed by a person authorized to represent the organization, i.e. a representative authorized by that person.
The certificate shall also contain the number and date of the approval to monitor an electoral body and the election commission that has issued the approval.
The status of a foreign observer will be given to an observer designated by an international organization doing business in the Republic of Croatia (a foreign observer) by the State Election Commission by means of an approval.
Before monitoring the election procedure foreign observers are obliged to show the president or a member of the electoral body they are to monitor the approval referred to in paragraph 1 of this Article.
Before monitoring elections observers are obliged to show the president or a member of the electoral body they are to monitor the following:
– an observer of a political party – a certificate of the political party designating him/her,
– an observer of an NGO – an identity card issued by a competent election commission,
– a foreign observer – an identity card issued by the State Election Commission.
In case a competent election commission has not issued an identity card to an observer of a non-governmental organization, on the basis of a duly submitted request, the observer shall be identified by way of the decision of a competent county election commission giving the approval to the NGO to monitor elections and by way of a decision of the authorized NGO on the appointment of the observer.
During the whole time of the election monitoring an observer is obliged to wear his/her identity card, which has been issued by a competent election commission, on a clearly visible place.
The electoral body that shall be monitored cannot forbid the monitoring, but it can limit the number of observers in case insufficient premises or other compelling reasons do not allow all observers to monitor the election at the same time.
At least one observer per polling place or electoral body has to be ensured for political parties, voters who have nominated candidates, non-governmental organizations and international organizations.
An observer shall have the right to monitor the whole election procedure, voting, work of electoral bodies and the right to have insight into all election materials.
During the whole time of the election monitoring an observer is obliged to obey the provisions of this Act as well as written and oral instructions of the State Election Commission, election commissions in local and regional self-government units and electoral committees.
Electoral bodies are obliged to allow each observer to monitor and supervise their work equally and without restraint.
An observer shall have the right to attend the work of an election commission during sessions, warn about the identified irregularities and request their removal.
An observer shall have the right to make written, well-reasoned remarks on the work of an electoral body. Remarks shall be appended to the record of the work of the electoral body.
An observer shall have the right to request a copy or transcript of the record of the work of the electoral body he/she has monitored.
An observer is not allowed to obstruct the work of an electoral body.
The president of an electoral body shall orally warn the observer who has been obstructing the work of the electoral body.
The president of an electoral body shall have powers to send off the observer, in case he/she continues to obstruct the electoral body despite the fact that he/she has been warned.
An observer monitoring the work of an electorate committee shall have the right to attend the work of the electorate committee when preparing polling places before the opening, voting, counting votes and determining voting results.
An observer shall have the right to make written, well-reasoned remarks to the record of the work of an electorate committee. The electorate committee is obliged to accept the remark of the observer, append it to the record of the work of the electorate committee and issue a certificate stating this.
An observer can monitor the submitting of election materials to a competent election commission by an electoral committee.
An observer is allowed to come to and go from a polling place, without obstructing the voting procedure and the work of an electoral committee.
An observer can be present at the voting and counting of votes, warn about irregularities and request their removal, as well as make remarks for the record of an electoral body.
An observer shall have the right to obtain a copy of the record of the electoral body that he/she has monitored.
An observer shall not be allowed to:
– answer the enquiries of voters. An observer is obliged to direct a voter, who approaches him/her, to the president or a member of an electoral committee,
– wear marks, badges, photos, promotional or other material that could influence voters,
– make a sound or video recording of the work of election bodies,
– influence voters in an active or a passive way. An observer cannot be a candidate in the election.
VIII. ELECTION EXPENSES
Assets required for regular and early elections of municipality heads, mayors, county prefects and the Mayor of the City of Zagreb shall be ensured in the budget of a unit of local, i.e. regional self-government.
Local and regional self-government units are obliged to ensure assets for elections in the financial plan and budget for the calendar year in which regular elections are to be held.
The election commission of a unit of local, i.e. regional self-government shall dispose of assets required for elections.
An election commission shall set the method for using the assets, supervise their allocation and spending and grant them to electoral committees.
IX. PROTECTION OF ELECTORAL RIGHTS
The Constitutional Court of the Republic of Croatia shall monitor the constitutionality and regularity of the election of a municipality head, mayor, county prefect and the Mayor of the City of Zagreb and resolve election disputes pursuant to the provisions of the Constitutional Act on the Constitutional Court of the Republic of Croatia and the provisions of this Act.
A complaint about irregularities in the nomination or election procedure can be made by political parties, candidates and deputy candidates, a minimum of 100 voters or at least 5% of the electorate in a unit of local, i.e. regional self-government in which elections are held.
Complaints about irregularities in the procedure of nomination and election of a municipality heads and mayors shall be resolved by a county election commission.
Complaints about irregularities in the procedure of nomination and election of a county prefect and the Mayor of City of Zagreb shall be resolved by the State Election Commission.
Complaints about irregularities in the procedure of nomination and election of municipality heads, mayors, county prefects and the Mayor of the City of Zagreb shall be submitted to a competent election commission within 48 hours counting from the expiry of the day when the action about which a complaint has been filed was performed.
The competent election commission is obliged to make a decision on the complaint within 48 hours from the day when the complaint was submitted, i.e. from the day when election materials about which a complaint has been filed were submitted to it.
In case the competent election commission, while resolving the complaint, determines that there have been irregularities that can significantly influence the election returns, the actions in process shall be cancelled and these actions will have to be repeated within a period that has to ensure that the elections are held on the day for which they are called.
In case there is no possibility of repeating the cancelled actions from the previous paragraph or in case these irregularities apply to the voting procedure, and they have significantly affected the election returns, the competent election commission shall declare the election void and set a period within which a repeated election shall be held.
An election dispute about the decision of the competent election commission can be launched by filing an appeal to the Constitutional Court of the Republic of Croatia.
An appeal can be filed by political parties, candidates and deputy candidates, a minimum of 100 voters or at least 5% of the electorate of the unit of local, i.e. regional self-government in which elections have been held.
The appeal is to be filed to the Constitutional Court of the Republic of Croatia through a competent election commission within 48 hours from the day the disputed decision was received.
The Constitutional Court shall make a decision on the appeal within 48 hours from the receipt of the complaint.
The complaint and appeal in the procedure of the protection of electoral rights shall not postpone the performance of election actions pursuant to this Act.
No fees shall be paid for depositions and decisions in the procedure of the protection of electoral rights pursuant to the provisions of this Act.
X. PENALTY CLAUSES
A fine in the amount of 3,000.00 kuna shall be given for an offence to:
– a natural person for the violation of the time of reflection (Article 26).
A fine in the amount of from 10,000.00 to 30,000.00 kuna shall be given for an offence to:
– a candidate in the elections for the violation of the time of reflection (Article 26).
A fine in the amount of from 100,000.00 to 500,000.00 kuna shall be given for an offence to:
– a legal person for the violation of the time of reflection (Article 26).
A fine in the amount of from 10,000.00 to 30,000.00 kuna shall be given for an offence to:
– a responsible person in a legal entity for the violation of the time of reflection (Article 26).
XI. TRANSITIONAL AND FINAL PROVISIONS
On the first day of the implementation of this Act the provision of Article 38 of the Act on the Election of the Members of the Representative Bodies of Local and Regional Self-Government Units (“Official Gazette” no. 33/01, 10/02, 155/02, 45/03, 43/04, 40/05 and 44/05 – revised version) shall cease to have effect.
The provisions of Articles 69 to 81 of this Act governing the rights, obligations and responsibilities of observers, as well as the method according to which they are determined, shall also apply to the election of the members of the representative bodies of local and regional self-government units.
This Act shall enter into force on the eight day after the day of its publication in the Official Gazette, and shall be implemented from the day the decision on calling the first, next, regular elections of municipality heads, mayors, county prefects and the Mayor of the City of Zagreb becomes effective.
Class: 015-01/05-01/11
Zagreb, 5 October 2007
THE CROATIAN PARLIAMENT
The Speaker of
the Croatian Parliament
Vladimir Šeks, m.p.