LAW ON THE ELECTION OF COUNCILLORS AND
REPRESENTATIVES
(1998, 2000 and 2001 and including amendments of
20 July 2002 and 11 September)
I. BASIC PROVISIONS
II. SUFFRAGE
III. CONSTITUENCIES
IV. CALLING FOR
ELECTION
V. ELECTION
ADMINISTRATION BODIES
VI. PROPOSAL
AND CONFIRMATION OF ELECTORAL LISTS
VII. PRESENTATION OF SUBMITTERS OF ELECTORAL LISTS AND CANDIDATES FROM
ELECTORAL LISTS
VIII.
ADMINISTRATION OF THE ELECTION
IX.
ESTABLISHING AND ANNOUNCING OF ELECTION RESULTS
X. TERMINATION
OF THE TERM OF OFFICE, REPEATED ELECTION, FILLING VACANT SEATS OF COUNCILLORS
AND REPRESENTATIVES AND EARLY ELECTION
XI. PROTECTION
OF SUFFRAGE
XI a OBSERVERS OF THE ELECTION
XII. ELECTION
ADMINISTRATION AND ELECTION CAMPAIGN EXPENSES
XIII. PENAL
PROVISIONS
XIV.
TRANSITIONAL AND FINAL PROVISIONS
- BASIC PROVISIONS
Article 1
This Law
regulates the election and termination of office of councillors in the
assemblies of municipalities, the capital city and the administrative centre,
and the representatives in the Parliament (MPs) of the Republic of Montenegro
(hereinafter referred to as the Republican Assembly), and the protection of
suffrage.
Article 2
- Citizens
elect councillors and representatives on the basis of their free,
universal, equal and direct suffrage, by a secret ballot.
- No
one has the right, on whatever grounds, to take a citizen to account for
voting, or to ask him who he has voted for or why he has not voted.
Article 3
- In
the assembly of a municipality, the capital city and the administrative
centre (hereinafter referred to as the Municipal Assembly), 30 councillors
shall be elected and an additional councillor per every 5,000 voters.
- The number
of councillors shall be determined by the Municipal Assembly by a special
resolution, at the latest on the day of calling for the election.
- One
representative per every 6,000 voters shall be elected in the Republican
Assembly.
- The
number MPs shall be determined by the Republican Assembly by a special
resolution, at the latest on the day of calling for the election.
Article 4
- Councillors
and MPs shall be elected in the constituencies on the basis of a list
submitted by political parties (a party electoral list), coalitions of
political parties (a coalition electoral list), and lists submitted by
groups of citizens (an electoral list of a group of citizens) (hereinafter
referred to as an electoral list).
- Seats
for councillors and representatives shall be distributed in proportion to
the number of votes obtained.
Article 5
- Councillors
and MPs shall be elected for a four year term of office.
- Councillors
and MPs shall make a decision and vote in accordance with their
conviction.
- Councillors
and MPs cannot be recalled.
Article 6
- Citizens
have the right to be informed via media on the election programmes and
activities of submitters of electoral lists, as well as about candidates
on electoral lists.
- To
enable citizens to exercise their right to suffrage referred to in
paragraph 1 of this Article, the media shall be obliged to ensure equality
in informing about all the submitters of electoral lists and the
candidates from electoral lists.
- The
election campaign in the media and by the way of public gatherings shall
cease 24 (twenty four) hours prior to the polling date.
Article 7
The election
administration bodies conducting the elections shall be polling boards and
election commissions.
Article 8
The protection of
suffrage shall be provided by election commissions, the Constitutional Court of
the Republic and competent courts.
Article 9
- The
funds for conducting the election shall be provided for in the municipal
budget for the election of councillors and in the republican budget for
the election of representatives.
- All
deeds, enactments, petitions and other documents regarding the
administration of the election and termination of term of office of
councillors and representatives shall be tax exempted.
-
SUFFRAGE
Article 10
Suffrage in
virtue of this Law shall include the following rights of citizens: to elect and
be elected; to nominate and be nominated; to make decisions on the nominated
candidates and electoral lists; to publicly put questions to the candidates; to
be informed in time, truthfully, completely and objectively about the
programmes and activities of submitters of electoral lists, as well as exercise
other rights provided by this Law.
Article 11
- A
citizen of Montenegro, who has come of age, has the business capacity and has been
the permanent resident of Montenegro for at least twenty four months prior to the polling day shall
have the right to elect and be elected a representative.
- A
citizen of Montenegro, who has come of age, has the business capacity and
has been the permanent resident of Montenegro for at least twenty four
months prior to the polling day, and a citizen residing on the territory
of the municipality, as the constituency, for at least 12 months prior to
the polling day, shall have the right to elect and be elected a
councillor.
- CONSTITUENCIES
Article 12
- The
election of councillors is conducted in a municipality as a single
constituency.
- The
election of MPs is conducted in the Republic as a single constituency.
- In
the Republic, as a single constituency, four MPs shall be elected, out of
the total number of MPs, at the polling stations defined by the special
resolution passed by the Assembly.
- CALLING FOR ELECTION
Article 13
- The
election of councillors and MPs is called for by the President of the Republic of Montenegro (hereinafter referred to as the President of the Republic).
- The
Decision on calling for the election shall define the time-limits for the
election procedures prescribed by this Law, as well as the date for the
polling day.
- The
Decision on calling for the election shall be publicised in the
"Official Gazette of the Republic of Montenegro".
Article 14
- The
election of councillors and representatives shall be held no less than 15
(fifteen) days prior to the termination of the term of office of
councillors and representatives whose term of office is still valid.
- No
less than 60 (sixty) days and no more than 100 (hundred) days shall pass
between the days of calling for the election and the polling day.
- The
term of office of councillors and representatives whose mandate is
expiring shall end on the day of verification of terms of office of the
newly elected councillors and representatives.
- The
terms of office shall be verified within 15 (fifteen) days of the polling
day.
Article 15
- In
the event of dissolution of the Parliament of the Republic or passing a
decision on shortening the mandate of the Republican Parliament, the
President of the Republic shall call for elections on the day following
the day of its dissolution i.e. the day following the day of coming into
effect of the decision of shortening its term of office.
- The
provision referred to in paragraph 1 of this Article shall be applied in
the event of the termination of the term of office of the Municipal
Assembly, the dissolution of the Municipal Assembly or the termination of
the term of office of councillors based on the decision of the Municipal
Assembly.
Article 16
Provisions referred
to in Article 14, paragraphs 2,3, and 4 of this Law,
shall also be applied in the event of the dissolution of the Republican, or the
Municipal Assembly, and in the event of the termination of the term of office
of representatives based on the decision of the Republican Assembly or of
councillors based on the decision of the Republican Assembly or of councillors
based on the decision of the Municipal Assembly.
- ELECTION ADMINISTRATION BODIES
Article 17
- The
bodies in charge of administering the election shall perform their duties
in conformity with the law.
- The
bodies administering the election shall be responsible for their work to
the body that appointed them.
- All
agencies and organisations are obliged to offer help to the bodies
administering the election and provide them with the data necessary for
their work.
- Republican
and local agencies, other agencies and organisations are obliged to offer
professional and technical assistance to the bodies administering the
election and provide them with the data necessary for their work.
Article 18
- The
election bodies may operate in their permanent composition (appointed
members) and their extended composition (‘authorised representatives’).
- Any
submitter of the verified and proclaimed electoral list shall have the
right to appoint authorised representatives to the election administration
bodies.
- Two
or more submitters of an electoral list may appoint a joint authorised
representative to an election administration body.
Article 19
Election
commissions shall be appointed after the constitution of a newly elected
parliament for the term of office of four years, while polling boards shall be
appointed for each election of councillors and representatives.
Article 20
To the posts of
the chairman, the secretary, the appointed and authorised members of the
election administration bodies and their deputies may only be appointed the
persons who have suffrage.
Article 21
The election administration
bodies take decisions by a majority of votes of their members.
Article 22
- The
work of the election administration bodies is public.
- The
election body members and other persons monitoring the operation of the
election bodies are obliged to act in conformity with the law and the
rules of conduct set down by the Republican Election Commission.
- Should
any of the election body members and persons monitoring the operation of
the election bodies break the rules of keeping order at the polling station,
or in any other way disrupt the work of an election body, the election
body may remove them and enter the data on this in the Record.
- Election Commissions
Article 23
The election commissions
are: Municipal Commissions and the Republican Election Commission.
Article 24
- Permanent
members of a Municipal Election Commission shall be appointed by the
Municipal Assembly upon the proposal of the municipal body in charge of
the selection and appointment of these members.
- The
composition of a Municipal Commission shall be publicised in the
"Official Gazette of the Republic of Montenegro – Municipal Ordinances".
Article 25
- A
Municipal Election Commission is composed of: the chairman, the secretary,
five permanent members and one authorised representative of each of the
submitters of electoral lists.
- Also
appointed in the permanent composition of polling boards shall be one
representative of each of two opposition parties in the respective
assembly, which won the largest number of votes in the last election.
- Also
appointed are deputies of the chairman and permanent members of a
Municipal Election Commission.
- An
authorised representative of a submitter of an electoral list may have a deputy.
- The
chairman and members of a commission, as well as authorised
representatives of submitters of electoral lists, in the event of their
absence or inability to perform their tasks and duties in the commission,
may be replaced by their deputies.
- The
chairman of a commission, his deputy and the secretary,
as well as the members of a commission are selected from graduate
lawyers, and the deputies of members, as a rule, from graduate lawyers.
Article 26
- On
the day of rendering the decision on the proclamation of the electoral
list, the Municipal Election Commission shall pass a decision on which of
the submitters of the electoral list have fulfilled the conditions for
appointing their representatives in the extended composition of this body.
- The
decision on whether a submitter has or has not fulfilled the conditions
for appointing its representative in the extended composition shall be
submitted to each of the submitters of electoral lists by the Municipal
Election Commission within 24 (twenty four hours) of passing such a
decision.
- The
submitter of the electoral list shall appoint its authorised
representative in the extended composition of a Municipal Election
Commission and notify the Commission of this, and the Commission shall,
within no later than 24 (twenty four) hours of the delivery of the above
stated notification, render a decision stating their new members by name.
Authorised representatives participate in the work of a commission and
make valid decisions 15 (fifteen) days prior to the polling day.
Article 26a
In the event
that the election for councillors and representatives are conducted together,
the submitter of the verified electoral list for the election of
representatives shall have the right to appoint his authorised representative
in the extended composition of municipal bodies administering the election,
even if he is not a submitter of the list for the election of councillors.
Article 27
A Municipal
Election Commission shall:
- see
that the election be conducted legally;
- do
logistics for the administration of the election;
- determine
polling stations for the election of councillors and representatives;
- form
polling boards and appoint the chairman and members of polling boards for
the election of councillors and representatives;
- determine
the number of ballot papers for each polling station, stamp them, and
together with the verified extract from the register of electors deliver
them with a written record to the polling boards;
- determine
whether the electoral lists for the election of councillors and
representatives have been made and submitted in conformity with this Law;
- confirm
and proclaim the electoral lists for the election of councillors;
- publicise
the number of electors in the municipality and by individual polling stations;
- establish
the results of the election of councillors and the number of votes for
each electoral list, as well as the number of seats won by each electoral
list for the election of councillors;
- issue
certificates to elected councillors;
- establish
the overall results of the election of councillors in its constituency by
each polling station and submit a report on this to the Republican
Election Commission;
- publicise
the results of the election of councillors,
- submit
the report to the Municipal Assembly on the results of the election of
councillors;
- submit the data on the results
of the election of councillors to the bodies in charge of the collection
and processing of statistical data.
Article 28
- The
Municipal Election Commission shall adopt a rule-book on its work.
- The
conditions for the work of the Municipal Election Commission are provided
by the Municipal Assembly.
Article 29
- Permanent
members of the Republican Election Commission are appointed by the Republican
Assembly, upon the proposal of the Republican Assembly body in charge of
the selection and appointment of commission members.
- The
composition of the Republican Election Commission is publicised in the
"Official Gazette of the Republic of Montenegro".
Article 30
- The
Republican Election Commission is composed of: the chairman, the
secretary, nine permanent members and one authorised representative of
each of the submitters of electoral lists.
- Also
appointed in the permanent composition of the Republican Election
Commission shall be one representative of each of two opposition parties
in the Parliament which won the largest number of votes in the last
election.
- Deputies
are appointed to the chairman and permanent members of the Republican
Election Commission.
- An
authorised representative of the submitter of an electoral list may have a
deputy.
- The
chairman and the Commission members, as well as authorised representatives
of submitters of electoral lists, in the event of their absence or
inability to perform their tasks and duties in the Commission, may be
replaced by their deputies.
- The
chairman and members of the Commission, their deputies and the secretary
are selected from graduate lawyers.
Article 31
- On
the day of rendering the decision on the proclamation of the electoral
list, the Republican Election Commission shall pass a decision determining
which submitters of the electoral list fulfil the conditions for
appointing their representatives in the extended composition of this body.
- The decision
on whether a submitter of the electoral list has or has not fulfilled the
conditions for appointing its representative in the extended composition
shall be submitted to the submitters by the Republican Election Commission
within 24 (twenty four) days of rendering such a decision.
- The
submitter of the electoral list shall appoint its authorised
representative in the extended composition of the Republican Election
Commission and notify the Republican Election Commission of this, and the
Republican Election Commission shall, within 24 (twenty four) hours of the
delivery of notification, render a decision stating its new members by
name.
- Authorised
representatives participate in work and make valid decisions as from 15
(fifteen) days prior to the election day.
Article 32
The Republican
Election Commission shall :
- see
that the election be conducted legally and the provisions of this Law are
uniformly implemented;
- monitor
and offer professional advice on the implementation of this Law;
- co-ordinate
the work of the Municipal Election Commissions, give instructions with
regard to the implementation of this Law, and supervise their work;
- set
down unified standards for the election material;
- set
down the forms for carrying out election procedures provided by this Law;
- determine
the manner of proclamation of electoral lists;
- determine
the manner of handling and keeping the election material;
- judge
whether the lists for the election of representatives have been made and
submitted in conformity with this Law;
- render
a decision on proclamation of the lists for the election of
representatives;
- announce
the total number of voters and their number by municipalities and polling
stations;
- establish
the results of the election of representatives and the number of votes by
respective electoral lists, as well as the number of seats belonging to
each list for the election of representatives;
- announce
the overall results of the election of representatives, as well as the
results by each polling station in the Republic;
- submit
a report to the Republican Assembly on the election of representatives;
- issue
certificates to the elected representatives;
- submit
data on the election of representatives to the bodies in charge of the
collection and processing of statistical data, and
- perform other activities
provided by this Law.
Article 33
The Republican
Election Commission shall take over responsibilities within the competence of
the Municipal Election Commission in case it fails to carry out its duties with
regard to the election of representatives in conformity with this Law.
Article 34
- The
Republican Election Commission shall adopt the rule-book on its work.
- The
conditions for the work of the Republican Election Commission shall be provided
by the Republican Assembly.
- Polling Boards
Article 35
- Polling
Boards are composed of: the chairman, four permanent members and one
authorised representative of each of the submitters of electoral lists;
- Also
appointed in the permanent composition of polling boards shall be one
representative of each of two opposition parties in the respective
assembly, which won the largest number of votes in the last election.
- Deputies
are assigned to the chairman and permanent members.
- The
chairman and members of polling boards, as well as authorised
representatives of submitters of electoral lists, in the event of their
absence or inability to perform their tasks and duties in the polling
board, shall be replaced by their deputies.
- A
Polling Board is appointed for each polling station not later than 10
(ten) days prior to the polling day.
- The
decision on the appointment of electoral boards, shall be submitted to the
submitters of confirmed electoral lists by the Municipal Election
Commission within 24 (twenty four) hours of rendering such a decision.
Article 36
- On
the day of rendering the decision on the proclamation of the electoral
list, the Municipal Election Commission shall pass a decision on which of
the submitters of the electoral lists have fulfilled the conditions for
appointing their representatives in the extended composition of the
Polling Boards.
- The
Municipal Election Commission shall submit to the submitters of the
electoral list the decision on whether it has fulfilled the conditions for
appointing a representative in the extended composition of the Polling
Board within 24 (twenty four) hours of setting up the polling station. A
submitter of an electoral list shall appoint its authorised representative
in the extended composition of the Polling board and notify the Municipal
Election Commission of this, and the Municipal Election Commission shall,
not later than 24 (twenty four) hours of the delivery of such
notification, render a decision stating the names of persons becoming the
members of the extended composition of the Polling Board.
- An
authorised representative participates in the work of the Commission and
makes valid decisions as from five days prior to the polling day.
Article 37
- The
Polling Board shall be in charge of direct administering the voting at the
polling station, ensure the regularity and secrecy of voting and establish
the results of voting at the polling station.
- The
Polling Board shall be in charge of keeping order at the polling station
during voting.
- The
Polling Board shall be in charge of keeping order at the polling station
during voting.
- The
Polling Board shall charge two of its members with the duty of
administering the voting outside the polling station.
- More
detailed rules on the Polling Board activities shall be set down by the
Republican Election Commission.
- PROPOSAL AND CONFIRMATION OF
ELECTORAL LISTS
- Candidacy
Article 38
- The
political parties registered in the Republic of Montenegro, either separately or as a coalition, as well as groups of citizens,
shall nominate candidates foe their electoral
list on the basis of prescribed number of electors’ signatures.
- The
political parties shall propose the electoral lists on terms defined by
this Law.
Article 39
- One
person may be nominated as a candidate for the election of councillors on
only one electoral list and in only one constituency.
- One
person may be nominated as a candidate for the election of representatives
on only one electoral list.
- One
electoral list shall contain no less than 2/3 (two thirds), and no more
than the total number of candidates elected.
- Extraordinary
from Paragraph 3 of this Article, on the electoral list of the group of
citizens or the political party representing the Albanians in Montenegro,
there shall be at least 1/3 (one third) and at most the whole number of
candidates that shall be elected.
- The
submitter of an electoral list may freely determine the order of
candidates on the list.
Article 40
- A
submitter of the electoral list may withdraw the list no later than by the
date set for the confirmation of the general electoral list.
- Upon
the withdrawal of the list, the term of office of the authorised
representatives of the submitter of the electoral list in all the election
administration bodies shall cease, as well as all rights pertaining to him
in this regard according to the provisions of this Law.
- A
candidate may withdraw his candidacy not later than by the date set for
rendering the decision on the proclamation of the electoral list.
Article 41
- If
after rendering the decision on the proclamation of the electoral list, a
candidate may be stripped of his business capacity by a finally-binding
court decision, lose Yugoslav and/or Montenegrin citizenship, withdraw his
candidacy, or if he may die, the submitter of an electoral list shall lose
the right to nominate another candidate.
- The
position of the candidate referred to in paragraph 1 of this Article shall
be taken by the candidate who is next on the electoral list.
- Title, Confirmation and Proclamation of the Electoral List
Article 42
- The
title of the electoral list shall be determined according to the name of
the political party submitting the electoral list.
- If
two or more political parties submit a joint electoral list, the name and
other rights and responsibilities of the submitters of a joint electoral
list shall be specified by way of an agreement, which shall be submitted
to the relevant election commission together with the electoral list.
- Together
with the title of the electoral list of a group of citizens, the submitter
shall also determine a more precise appellation of the list.
- The
title of the list referred to in paragraphs 1-3 of this Article may
include the name and surname of the person designated as the first
candidate on the list, supported by his written consent.
Article 43
- The
electoral list for the election of councillors and/or representatives
shall be deemed confirmed if supported by at least 1% of the electors out
of the total number of electors in the constituency, based on the data
about the electors of the last election prior to the decision on calling
for the election, regardless of whether the last election was the
presidential or the parliamentary election.
- Exceptionally
to the provision referred to in paragraph 1 of this Article, for the
political parties or groups of citizens representing the Albanians in
Montenegro, the electoral list for the election of councillors shall be
deemed confirmed if supported by at least 200 (two hundred) electors, and
the electoral list for the election of representatives if supported by
signatures of at least 1,000 (one thousand) electors.
- Electors
signing the lists for the election of councillors must be permanent
residents of the respective municipality.
- Electors
signing the lists for the election of representatives must be permanent
residents on the territory of the Republic.
- The
Republican Election Commission shall prescribe the content and layout of
the form for the signatures of electors referred to in paragraphs 1 and 2
of this Article.
Article 44
An elector may
support with his signature only one electoral list for the election of
councillors and only one list for the election of representatives.
Article 45
The collection
of signatures for the proposal of candidates for the electoral list within the
election campaign is initiated and performed by political parties, as well as
by citizens, individually or collectively.
Article 46
- The
electoral list for the election of councillors shall be submitted to the
Municipal Election Commission, and the list for the election of
representatives to the Republican Election Commission, as early as 20
(twenty) days of the days of calling for the election, and not later than
25 (twenty five) days prior to the polling day.
- The
following documents shall be submitted together with the electoral list to
the election commission:
- a
written statement of the candidate of his acceptance of the candidacy;
- the
certificate of suffrage for each candidate on the electoral list;
- the
certificate of permanent residence of each candidate;
- the
list of electors’ signatures supporting the electoral list;
- a
written consent of the first candidate if his name is included in the
title of the electoral list;
- the decision of the authorised
body of the political party which has verified the electoral list.
- The
electoral list together with the above stated documents shall be submitted
directly to the relevant election commission.
Article 47
- Immediately
upon the receipt of the electoral list, the competent election commission
shall determine whether it has been submitted in the prescribed term, and
whether it has been composed in conformity with the provisions of this
Law.
- If
the competent election commission finds that the electoral list has not
been submitted in time, it will render a decision on rejecting the
electoral list.
- If
the competent election commission finds that the electoral list has
certain defaults, it shall render, within 48 (forty eight) hours of the
receipt of the electoral list, a decision ordering the submitter of the
electoral list to eliminate them within 48 (twenty four) hours of the
delivery of the decision. The decision shall suggest the measures that are
to be taken in order to eliminate those faults.
- If
the competent election commission finds that the faults in the electoral
list have either not been eliminated at all, or have not been eliminated
within the prescribed period, it shall render a decision, within the next
24 (twenty four) hours, on refusing to proclaim such an electoral list.
Article 48
- If
the competent election commission finds that the submitted electoral lists
have no faults or that the faults have been eliminated, it shall render a decision
confirming and proclaiming the electoral list.
- The
decision referred to in paragraph 1 of this Article shall, without delay,
be delivered to the submitter of the electoral list.
Article 48a
Verified and
proclaimed electoral lists participate on an equal basis at all the polling
stations in the Republic as a single electoral constituency, in conformity with
this Law
General
Electoral List
Article 49
- Upon
the confirmation and proclamation of submitted electoral lists, the
competent election commission shall compose the general electoral list
comprising all the electoral lists with names of all the candidates.
- The
order of candidates on the general electoral list shall be determined by
the chairman of the election commission by drawing lots, in the presence
of authorised submitters of confirmed electoral lists.
- The
general electoral list shall be publicised by the competent election
commission not later than 15 (fifteen) days prior to the polling day.
- REPRESENTATION OF SUBMITTERS OF
ELECTORAL LISTS AND CANDIDATES FROM ELECTORAL LISTS
Article 50
- The
submitters of electoral lists shall have the right to inform the citizens
on an equal basis about their programmes and activities in the media
within the same daily slots and daily columns.
- No
property (money, technical equipment, facilities etc.) of state
authorities, state-owned enterprises, public institutions and funds, or of
the Chamber of Commerce and Economy of Montenegro can be used for the
presentation of electoral lists.
Article 51
- From
the day of calling for the election until the termination of the election
campaign, Radio-Television of Montenegro shall provide, within its
political and information programmes that could be watched and heard all
over the Republic, special programmes of equal length broadcast at the
same time, in which submitters of the electoral lists shall present
themselves, and present and expound their political programmes.
- The
state-owned enterprise referred to in paragraph 1 of this Article shall on
no conditions be allowed to broadcast the presentation of political
programmes in commercial, entertainment or any other programmes except
political and information programmes.
Article 52
From the day of
calling for the election until the termination of the election campaign,
"Pobjeda", the state-owned publishing company, shall provide equal
space, columns and terms in its daily paper for each submitter of the electoral
list to present themselves and present and expound their political programmes.
Article 53
- Radio-Television
of Montenegro shall announce all promotion rallies of the submitters of
electoral lists for the election of councillors and representatives free
of charge during the election campaign, and in conditions and on terms
providing equal position for all the submitters of the electoral lists.
- The
state-owned publishing company "Pobjeda" shall announce all
promotion rallies of the submitters of the electoral lists for the
election of councillors and representatives free of charge during the
election campaign, on terms referred to in paragraph 1 of this Article.
Article 54
The media that
on commercial basis publicise the submitters’ notices promoting the election,
political programmes and candidates, shall indicate on each notice that it is a
,,paid notice,, .
Article 55
The rules on
presentation of political parties in the election campaign shall be set down by
the Republican Assembly not later than 30 (thirty) days prior to the expiry of
the date of calling for the election, or the day following the day when the
Assembly is dissolved, or when it renders the decision on shortening its term
of office.
Article 56
- The
editors and presenters of political, information and specialised
programmes shall, during the election campaign, independently and
objectively present all the candidates, and the presenters must have an
impartial attitude to all the political, social-welfare and ethnic and
cultural programmes.
- In
agreement with the submitters of electoral lists, the editors referred to
in paragraph 1 of this Article shall determine the programme of their
presentations, in accordance with the Law and the criteria of the
editorial policy.
- In
conformity with the provision referred to in paragraph 1 of this Article,
and in conformity with paragraph 2 of Article 6 of this Law, programmes
shall be organised providing direct public confrontation of political
programmes of the submitters of electoral lists, as well as the candidates
on these lists.
Article 57
- All
other media founded by the Republic, the administrative capital, the
capital city and municipalities, in conformity with this Law, shall
provide equal terms for the presentation of all the submitters of
electoral lists and candidates on those lists.
- The
media referred to in paragraph 1 of this Article, together with the
representatives of their founders and submitters of electoral lists, shall
set down more detailed rules for the presentation of the submitters of
electoral lists, their election programmes and candidates on these lists.
Article 58
Submitters of
electoral lists and the candidates on these lists shall have the right to
organise, during the election campaign and on equal terms, conferences and
other public gatherings with the purpose of presenting and promoting their
election programmes, electoral lists as well as the candidates on those lists,
in conformity with the regulations on public order and peace.
Article 59
- During
the election campaign, the media founded by the Republic, the
administrative capital, the capital city and municipalities shall,
depending on their financial and technical means at their disposal, and on
equal terms, inform about the activities of submitters at all of their
conferences and other public gatherings in which they present their
election programmes and their candidates for the election of
representatives.
- The
submitters of electoral lists and the media referred to in paragraph 1 of
this Article shall, by an agreement, set down the ways and terms on
reporting from a public gathering as well as the terms by which the
submitters of the electoral lists should inform the media of a public
gathering to be held.
Article 60
During the
election campaign, the submitters of electoral lists and the candidates on
these lists shall have the right to prepare election posters, public notices,
photographs, leaflets, promotional messages and the like, and publicly display
them, with no prior permission needed, in places designated by a competent
municipal body.
Article 61
The audio
election campaign shall be used at a time and in such a manner so as not to
disturb the citizens and infringe their right to peace, in conformity with the
regulations of public order and peace.
Article 62
During the
election campaign, the media shall publicise the findings of competent state
bodies stating that a certain media has violated the principles of equality,
parity and objectivity of their informing the citizens about the election
programmes and candidates of political parties and other submitters of
electoral lists.
Article 63
- During
the period of seven days prior to the polling day, it shall be forbidden
to publicise in the media the results of polls, research and analyses with
regard to the citizens’ personal estimate of the election results.
- On
polling day, before closing the polling stations, it is forbidden to
publicise preliminary results or the estimates of the election results.
Article 64
The provisions of
this chapter shall also apply to the media founded by legal and physical
entities performing their activity in conformity with the provisions of the
Public Information Law.
- ADMINISTRATION OF THE ELECTION
- Polling Stations
Article 65
- Voting
for the election of councillors and representatives is conducted at
polling stations.
- Polling
stations are set up by the Municipal Election Commission upon the proposal
of the authority in charge of keeping the Register of Electors not later
than 20 (twenty) days prior to the polling day.
- Polling
stations must be arranged in a way providing enough space for all the
members of the Polling Boards to have insight and access to the ballot box
and the election material at all times.
- Not
later than 10 (ten) days prior to the polling day, the Municipal Election
Commission shall announce which polling station have been set up and which
electors shall vote at a particular polling station.
Article 66
- A
polling station is set up for up to 1,000 electors.
- More
detailed rules with regard to polling stations are set down by the
Republican Election Commission.
Article 67
- An
elector shall cast his vote at the polling station where he is entered in
the extract from the Register of Electors.
- The
obligation referred to in paragraph 1 of this Article shall apply also to
the electors who are doing their national service or are taking part in a
military exercise, or electors who are performing duties in units or
institutions of the Yugoslav Army.
- Exceptionally
to the provisions referred to paragraph 1 of this Article, an elector may
cast his vote outside the polling station where he is entered in the
extract from the Register of Electors by post, on terms prescribed by this
Law.
- The
procedure of voting outside the polling station, as well as the number of
electors who have exercised their right to vote in this manner, are
entered in the Record on the Work of the Polling Board.
- More
detailed rules on voting by post are set down by the Republican Election
Commission.
Article 68
- A
local authority in charge of keeping the register of Electors shall
deliver the notice on the election to electors not later than 5 (five)
days prior to the polling day.
- A
local authority referred to in paragraph 1 of this Article shall deliver the
notice on the election to electors’ address by post.
- Each
elector is delivered an invitation stating the date and time of polling,
the number and address of the polling station at which he should cast his
vote, as well as the number under which he is entered in the extract from
the Register of Electors.
Article 68a
- At
polling stations, transparent ink-spray and ultra-violet light machine are
used.
- The
voter who refuses to be tested by transparent ink-spray will not be
allowed to vote by the polling board.
- The
manner of using the spray referred to in paragraph 1 of this Article shall
be determined by the Republican Election Commission.
Article 69
- Every
voter shall vote in person.
- A
voter is allowed to vote only once during elections
- Voting
shall be done on a certified ballot paper.
- The
voter shall confirm receiving the voter ballot by signing the special book
of voters, which content shall be defined by the Republican Election
Commission.
- No
person shall be allowed to enter the polling station carrying arms or
dangerous implements.
- At
the polling station and within the area of 50 (fifty) metres from the
polling station, it is forbidden to display political party symbols and
other promotional material that may effect the decision of electors.
- Should,
during the voting procedure, the rules referred to in paragraphs 1-6 of
this Article be violated, the polling board may be dissolved. In the event
of the dissolution of the polling board, voting at that polling station
shall be repeated.
- The
member of the polling board in charge of identification of voters, as well
as other members of the polling board shall not be allowed to announce, in
any form and particularly by addressing loudly he first and last names of
voters, as well as their ordinal numbers in the voters’ register.
Article 69a
- Voting
shall be done by secret ballot.
- Should
the polling board fail to organise the polling station in the manner that
provides for full secrecy of balloting (polling booth/cabin), such polling
board shall be dissolved and voting at that polling station shall be
repeated.
- A
voter shall enter his vote on the ballot paper solely in the area intended
for that purpose (screen / room divider / booth / cabin) such that no one
shall be able to see who he has voted for.
- Should
it happen that a voter infringes the secrecy of voting by casting his vote
in public, out of the area envisaged for voting or by showing his ballot
paper in public to the polling board ad making it visible who he as voted
for, the president of the polling board, based on a decision of the
polling board, shall be obliged, in the presence of the polling board and
after separation of the control coupon, to make such a ballot paper
invalid by crossing it out, folding it in a separate envelope and dropping
it in the ballot box instead of the voter.
- The
event of voting referred to in Paragraph 4 of this Article shall be
entered by the president of the polling board into the record book.
- Closer
guidance on measures securing the secrecy of the vote shall be defined by
the Republican Election Commission.
Article 70
- Polling
stations in the constituency shall be opened at 8 a.m. and
closed at 9 p.m. During this interval, the polling stations must be open
non-stop.
- The
electors who are present at the polling station at the time of its closing
shall be allowed to cast their vote, and the polling board shall
previously determine the number and identity of the such
voters.
- Should
the rules referred to in paragraphs 1 and 2 of this Article be infringed
during the polling, the Polling Board shall be dissolved and a new Polling
Board appointed, and polling at that polling station shall be repeated.
Article 71
- Should
the order at the polling station be disturbed, the Polling Board may
interrupt the polling until order is restored. The reasons for and
duration of interruption shall be entered in the Record on the work of the
Polling Board.
- The
police on duty shall not be allowed to enter the polling station during
polling.
- Exceptionally
to the provisions referred to in paragraph 2 of this Article, the Polling
Board chairman, upon the prior consent of the Polling Board, may ask the
police on duty to enter the polling station, only if order and peace are
disturbed at the polling station.
- If
polling is interrupted for more than one hour, it shall be prolonged for
the time of duration of the interruption.
Article 71a
- The
use of telephones, mobile phones and pagers shall not be allowed in the
voting premises.
- Members
of the polling board and persons who supervise
the work of bodies in charge of administration of elections, shall not be
allowed to keep any kind of records at the polling station on voters who
have voted as well as to use copies of the voters’ register or any other
auxiliary records on voters.
- Should
a member of the polling board or a person who supervises the work of a
body in charge of administration of elections proceed contrary to
provisions of Paragraphs 1 and 2 of this Article, the president of the
polling board shall give him a warning and, if after such a warning that
persons continues to disturb the work, the president of the polling board,
based on a decision of the polling board, shall remove him and record that
in the record book of the work of the polling board. Should it happen that
a member of the polling board is removed from the premises,
the president of the polling board shall be obliged to enable the presence
of his deputy and thus further the work of the polling board.
Article 72
- While
the polling station is open and polling is in progress, all members of the
Polling Board or their deputies must be present at the polling station.
- Each
polling station shall have a special room where it is possible to ensure
the secrecy of voting.
- In
the room in which the voting is conducted only as many voters can be
present at a time as there are polling booths at a polling station.
- Persons
having no rights or duties with regard to the administration of the
election, as prescribed by this Law, are forbidden to remain at the
polling station.
- If
the rules referred to in paragraphs 1-4 of this Article have been
infringed, a complaint can be lodged to the Municipal Election Commission
that shall then decide whether voting at that polling station shall be
repeated.
- Election Material
Article 73
- The
ballot paper shall contain :
- indication
of the constituency;
- the
ordinal number placed before each individual electoral list;
- the
titles of electoral lists according to the order determined on the general
electoral list;
- a
remark stating that the electors are to cast their votes for one electoral
list only, which is done by circling either the title of the list or the
name and surname of the first candidate on the list;
- In
addition to the data referred to in paragraph 1 of this Article, the
ballot paper shall contain, at the back and in the upper right corner,
also the title of the municipality, the title of the polling station, the
indication of the number of the polling station, as well as the stamp of the
Polling Board containing the title and the number of the polling station.
Article 73a
- The
ballot paper shall be printed in such a manner as to have two parts : a control coupon in the form of a separate
section containing the uniform serial number, and a paper ballot.
- The
uniform serial number must not be printed on the ballot paper.
- The
control coupon and the ballot paper shall be separated by punching.
- The
range of serial numbers on the control shall equal the number of electors
entered in the Register of Electors; the number of ballot papers,
according to the sequence of serial numbers on the control coupon, shall
be determined for each polling station in the corresponding constituency.
- The
control coupon of the ballot paper shall be printed of such a width which
shall be not more than one half of the ballot paper’s width.
- The
Republican Election Commission shall, within unique standards foe election
material, define the thickness (weight) of ballot paper as to secure the
secrecy of the vote.
Article 74
- The
competent election commission shall determine in more details the form and
layout of ballot papers, the manner and control of printing, verification
and distribution of ballot papers, as well as the destruction of matrices.
- The
competent election commission shall determine the number of ballot papers
that must be identical to the number of electors entered in the Register
of Electors, as well as the number of reserve ballot papers.
- The
number of reserve ballot papers shall not be more than 3% of the total
number of electors in the corresponding constituency.
- Serial
numbers on the control coupons of the reserve ballot papers shall be
determined in the range between the first next serial number after the
total number of electors in the corresponding constituency, and the serial
number which is identical to the sum of the total number of electors and
the number of reserve ballot papers in the corresponding constituency.
- The
Republican Election Commission shall determine the colour of ballot papers
for the election of councillors and representatives.
- The
ballot papers for the election of councillors shall be verified by the
Municipal Election Commission, and the ballot papers for the election of
representatives shall be verified by the Republican Election Commission.
Article 75
- The
Municipal Election Commission shall prepare in due time the election
material for each Polling Board, and particularly the number of ballot
papers required, the general electoral lists, extracts from the Register
of Electors, special and official envelopes for voting, as well as the
form of the Record of the Work of Polling Boards.
- The
delivery of the election material shall be performed not later than 48
(twenty eight) hours prior to the polling day.
- The
competent municipal body shall be in charge of setting up the polling
stations and preparing for each Polling Board the necessary number of
ballot boxes with the means of sealing and other instruments needed for
voting. On polling day, before the beginning of polling, the Polling Board
shall determine whether the election material for that Polling Board is
complete and in proper state, whether the polling station has been
organised in such a way to ensure the secrecy of voting, and whether
polling may start, and shall enter all this in the record of the Work of
Polling Board.
Article 76
- The
general electoral list, with the titles of electoral lists and names of
all the candidates, must be displayed in a visible place at a polling
station during polling.
- The
contents, form and manner of display of the
general electoral list referred to in paragraph 1 of this Article shall be
prescribed by the Republican Election Commission.
Article 77
- The
representatives of submitters of electoral lists and the candidates for
councillors and representatives shall have the right of insight into the
election material, particularly into the extracts from the Register of
Electors, the records of the Work of Polling Boards, the records of
election commissions and ballot papers. The inspection of the election
material is carried out in the offices of the Republican Election
Commission, as well as of the bodies keeping the election material.
- Opening
of the wrappings containing the election material and the envelopes with ballot
papers shall be conducted by the Municipal Election Commission in its
permanent composition, in the presence of an authorised representative of
the party filing the request for the inspection of the election material.
- Upon
the completion of the inspection of the election material, the election
material shall be packed and sealed in the manner prescribed in the
Article 91 of this Law.
- At
the request of a submitter of an electoral list, the bodies keeping the
election material are obliged to allow the photocopying of the material at
the expense of the party filling the request.
- The
insight into the election material may be carried out within 5 (five) days
of the polling day.
- The
insight into the election material and photocopying of the material, after
the expiration of the term referred to in paragraph 5 of this Article, may
be carried out by a parliamentary party upon filing a request.
Article 78
- The
election material shall be kept for the period of at least 4 (four) years.
- Exceptionally
to the provision referred to in paragraph 1 f this Article, the ballot
papers shall be kept for 90 (ninety) days or until the termination of the
procedure on the infringement of rights during the election.
- The
manner of keeping and using the election material is prescribed by the
Republican Election Commission.
- Polling
Article 78a
- Prior
to the opening of a polling station, the Polling Board shall determine by
drawing lots the permanent member of the Polling Board who shall, in the
presence of other members of the Polling Board, make a deliberate damage
to the stamp of the Polling Board, by cutting or burning the rubber matrix
of the stamp, which shall be used for stamping the ballot papers at the
back, at the place determined for placing the stamp, immediately before a
ballot paper is delivered to the elector.
- The
member of the Polling Board in its permanent composition
who performs the operation of sealing of ballot papers, shall be
determined by the Polling Board by drawing lots.
- The
damaged seal of the Polling Board shall not be put on the control coupon
of a ballot paper.
- The
ballot papers shall be arranged according to the sequence of serial
numbers on the control coupons and shall be delivered to the electors
during polling according to that sequence.
Article 79
- The
ballot box must be transparent.
- The
Polling Board shall check the ballot box in the presence of the elector
who is first to come to the polling station. The result of this control is
entered into the control slip which shall be signed by both the members of
the Polling Board, and the first elector.
- The
control slip is placed in the ballot box which is then sealed in the
presence of the first elector, and this is entered into the Record of the
Work of the Polling Board.
- Upon
opening of the ballot box, it shall first be checked whether it contains a
control slip. If the ballot box does not contain the control slip, the
Polling Board shall be dissolved, a new one appointed, and voting at that
polling station shall be repeated.
- The
form of the control slip is prescribed by the Republican Election
Commission.
Article 80
- The
elector shall first state his name and surname, and prove his identity by producing
either his ID or some other means of identification (passport, driver’s
licence) with a photograph and a personal identification number or the
number of ID in it.
- The
elector may not cast his vote without producing a proof of his identity.
- After
having confirmed the identity of the elector, the chairman or a member of
the Polling Board shall circle the ordinal number before his name in the
Extract from the Register of Electors, explain the voting procedure to
him, and hand him over the ballot paper.
Article 81
- Members
of a Polling Board may in no way influence the decision of the elector.
- Members
of a Polling Board shall explain the voting procedure to the elector again
if requested so by the elector.
- Members
of a Polling Board shall take special care that the elector is not
disturbed by anyone while marking out his ballot paper, and that the
secrecy of voting is completely ensured.
- Should
any of the rules referred to in paragraphs 1-3 of this Article be
infringed, the Polling Board shall be dissolved, and voting at that
station shall be repeated.
Article 82
- An
elector may cast his vote for only one electoral list on the ballot paper.
- Voting
is performed by circling the ordinal number before the title of the chosen
electoral list, or by circling the title of the list, or by circling the
name and surname of the first candidate on the list.
- An
elector shall fold the marked ballot papers himself in such a manner as to
conceal who he has voted for, and to leave free the control coupon, and
after that, taking into his hand a folded ballot paper, go to the member
of the Polling Board determined by drawing lots and, if needed, to the
member determined by the Polling Board, to take off the control coupon
from the ballot paper, along its punched part. The elector shall then
place the ballot paper into an appropriate ballot box and leave the
polling station.
- The
member of the Polling Board referred to in paragraph 3 of this Article
shall be obliged to arrange the control coupons separated from the ballot
papers according to the sequence of serial numbers and to keep them in the
manner prescribed by rules set down by the Republican Election Commission.
Article 83
- No
alterations to the extracts from the Register of Electors may be made of the
day of composing the certified extract from the Register of Electors for
each polling station, to the day of conducting the election, as well as on
the polling day.
- If
any of the activities are performed in contravention to the provision
referred to in paragraph 1 of this Article, the Polling Board shall be
dissolved, and voting at that polling station shall be repeated.
Article 84
- An
elector who cannot cast his vote in person (for reasons of his blindness,
disability or illiteracy) has a right to bring another person with him who
shall, in his stead, and according to his instructions, mark the ballot,
that is perform the voting procedure.
- Voting
referred to in paragraph 1 of this Article shall not be performed either
by a member of the Polling Board or an authorised representative of the
submitter of the electoral list.
- The
manner of voting referred to in paragraph 1 of this Article shall be
entered into the record.
Article 85
- An
elector who cannot vote at the polling station (handicapped persons or
those prevented in some other way) shall inform the Polling Board whether
he wishes to vote. The Polling Board shall, trough its member in charge of
voting outside polling stations, enable such an elector to cast his vote,
by post, in a manner ensuring directness and secrecy of voting.
- After
being informed of the elector’s inability to come to the polling station
to cast his vote, the Polling Board shall, through its member in charge of
voting by post, deliver to the elector the official envelope containing
the stamped ballot paper, general electoral list, and a special envelope
in which to put his marked ballot paper.
- After
an elector has voted, he shall place the ballot paper in the separate
envelope which is then sealed and wax-stamped in his presence by the
member of the Polling Board. The closed envelope containing the ballot
paper is then placed into the official envelope which is sealed in the
presence of the elector by the member of the Polling Board.
- The
member of the Polling Board in charge of voting outside polling stations
shall deliver the official envelope to the Polling Board which shall then
open it, circle the ordinal number before the elector’s name in the
extract from the register of Electors, and place the closed envelope
containing the ballot paper into the ballot box.
- The
manner of voting of the electors referred to in paragraph 1 of this
Article is entered in the record.
- More
detailed instructions on the manner of voting referred to in paragraph 1
of this Article shall be prescribed by the Republican Election Commission.
Article 86
[Repealed]
Article 87
- The
electors who are in detention or serving a prison sentence shall vote at a
special polling station determined by the Republican Election Commission
in agreement with the management body in charge of enforcing penal
sanctions.
- Extracts
from the Register of Electors are provided, and the composition of the
Polling Board and the manner of voting of persons referred to in paragraph
1 of this Article determined by the Republican Election Commission.
Article 88
The electors
who at the time of the election are temporarily resident abroad shall vote at
the polling station in the region of their last permanent residence on the
territory of the Republic of Montenegro, before leaving the
country.
- ESTABLISHING AND ANNOUNCING OF
ELECTION RESULTS
- Establishing Election Results
Article 89
- After
the voting has been finished, the Polling Board shall proceed to establish
the election results in its polling station. The Polling Board determines
the number of unused ballot papers and places them into a separate
envelope which is then sealed.
- The
Polling Board shall then determine the number of control coupons separated
from the ballot papers and place them into a separate envelope which is
then sealed.
- Based
on the extract from the Register of electors, the Polling Board determines
the number of electors who have voted.
- When
the ballot box is open, and after the control slip has been checked, valid
ballot papers are separated from the invalid ones.
- The
data referred to in paragraphs 2,3 and 4 if this
Article shall be entered into the Record by the Polling Board, prior to
the opening of the ballot box.
- The
Polling Board states the number of invalid ballot papers, then the number
of valid ballot papers, as well as the number of votes for each electoral
list, and enters it into the Record.
- The
following shall be deemed invalid ballot papers: unmarked ballot papers,
ballot papers marked in such a way that it is not clear which electoral
list an elector has voted for, as well as the ballot paper in which more
than one electoral list have been circled.
- If
it is determined that the number of ballot papers found in the ballot box
is larger than the number of electors who have cast their vote, or if it
is determined that the number of ballots in the ballot box is larger than
the number of the control coupons, or if it is determined the existence of
two or more control coupons with the same serial number, or a serial
number not belonging to that polling station, the Polling Board shall be
dissolved and a new one appointed, and polling at that polling station
shall be repeated. The election results at that polling station shall be
determined after the repeated polling.
Article 90
- After
the Polling Board has established the election results, the following
shall be entered into the Record of its work : the number of ballot papers
received; the number of unused ballot papers; the number of used ballot
papers; the number of valid ballot papers; the number of votes for each
electoral list; the number of electors according to the extract from the
Register of Electors; the number of electors who have voted according to
the Register of Electors and the number of electors who have voted by
post.
- Also
entered in the Record are the remarks and opinions of the Polling Board
members, as well as all other facts that may be relevant to polling.
- The
Record of the Work of the Polling Board shall be signed by all the members
of the Polling Board.
- Each
member of the Polling Board shall receive a copy of the Record of the Work
of the Polling Board.
Article 91
- The
Polling Board shall place unused, invalid and valid ballot papers in
separate envelopes with the indication of its content and which shall then
be sealed. The complete election material containing the Record of the
Work of the Polling Board, extract from the Register of Electors, ballot
papers, control coupons separated from the ballot papers, the stamp of the
Polling Board, as well as other remaining election material shall be
placed in another envelope and sealed.
- After
the election results have been established, the Polling Board shall deliver,
immediately, and not later than 12 (twelve) hours following the closing of
the polling station, to the Municipal Election Commission the election
material referred to in paragraph 1 of this Article.
Article 92
- Upon
receipt of the election material from the polling stations, the Municipal
Election Commission shall establish the following: the total number of
electors entered in the register of electors; the number of electors who
have voted at the polling stations; the number of electors who have voted
by post; the total number of ballot papers received; the total number of
invalid ballot papers; and the number of valid ballot papers; the total
number of votes for each electoral list for the election of councillors.
- On
the basis of polling results at the polling stations in the constituency,
the Municipal Election Commission shall establish the preliminary results
for the election of councillors within 12 (twelve) hours of the receipt of
reports from polling stations.
- On
the results of the election of representatives at the polling stations
determined by the special decision of the Parliament of the Republic,
Municipal Election Commission composes a separate report
- The
Municipal Election Commission shall establish the results of voting for
representatives at polling stations within its region, within 12 (twelve)
hours of the delivery of the Report from the polling stations at the
latest, and shall submit a report, together with the Record of its work,
to the Republican Election Commission.
- The
Republican Election Commission shall establish the preliminary results of
the election of representatives, within 12 (twelve) hours of the delivery
of the reports of the Municipal Election Commissions.
- Allocation of Seats
Article 93
- The
Municipal Election Commission for the election of councillors and the
Republican Election Commission for the election of representatives,
shall establish the total number of votes each electoral list has won and
the number of seats belonging to each list.
- Each
list shall be apportioned a number of seats in proportion to the number
votes it has won.
Article 94
Only electoral
list that have won more than 3% (three percent) of votes of the total number of
the electors who have voted in the constituency shall take part in the apportioning
of the seats, unless otherwise prescribed by this Law.
Article 94a
- At
the polling stations determined by special decision of the Parliament of
the Republic, only electoral lists that have won at least 3% of votes of
the total number of electors who have voted at these polling stations
shall take part in the apportioning of the seats.
- The
electoral list which fulfils the condition to participate in the
apportioning of seats at the polling stations determined by special
decision of the Parliament of the Republic, in the final apportioning of
seats shall be added the votes of the electors that the list has won at
other polling stations in the Republic, on condition that at those polling
stations it has not fulfilled the condition to participate in the
apportioning of seats, i.e. it has participated without winning a seat.
- Votes
that an electoral list has won which, according to the number of votes
won, does not participate in the apportioning of seats, i.e. participates
without winning a seat at the polling stations determined by special
decision of the Parliament if the Republic, shall be added to the votes
that the list has won at other polling stations in the Republic, on
condition that at those polling stations it does participate in the apportioning
of seats.
- Allocation
of seats referred to in Article 12, paragraph 3 of this Law is conducted
in conformity with Article 95 of this Law.
Article 95
- The
number of seats apportioned to an individual electoral list shall be
determined by dividing the total number of votes each electoral list in
the constituency has won by 1, 2 and ..... through to the number which corresponds to the number
of councillors and representatives that are elected in the constituency.
The quotients thus arrived at are sorted by size, and taken into account
are as many largest quotients as there are councillors and representatives
elected.
- Each
electoral list shall be apportioned as many seats as the number of such
quotients it has.
- If
two or more electoral lists get the same quotient on the basis of which
they would be apportioned a seat, it shall be decided by drawing lots
which electoral list shall be apportioned that seat.
Article 96
- The
seats within the total number of seats an electoral list has won shall be
apportioned by apportioning one half of the seats to the candidates on the
electoral list according to the order of on the list, and the remaining
seats to the candidates on the list in accordance with the decision of the
submitters of the electoral list.
- When
an electoral list has won an odd number of seats, the number of seats
apportioned to the candidates on the list according to their order on the
list shall be increased by one.
Article 97
In case that,
according to the results of polling established in the manner referred to in
the Article 95 of this law, a particular electoral list should win a larger
number of seats than the number of candidates on the list, those seats shall be
apportioned to the electoral lists having the next largest quotient.
Article 98
- The
Municipal Election Commission shall establish the final results of the
election of councillors within 12 (twelve) hours of expiry of the terms
for filing objections and claims, and of the decision on these objections
and claims becoming final and executive.
- The
Republican Election Commission shall establish the final results of the
election of representatives within 12 (twelve) hours of expiry of the term
for filing the objections and claims, and of the decisions on these objections
and claims becoming final and executive.
- Announcing Election Results
Article 99
- The
Municipal Election Commission for the election of councillors and the
Republican Election Commission for the election of MPs shall publicly
announce the final election results including the following:
- the
number of electors entered in the register of electors,
- the
number of electors who have voted at the polling station;
- the
number of electors who have voted outside the polling station
- the
number of electors who have voted;
- the
number of ballot papers received;
- the
number of unused ballot papers;
- the
number of used ballot papers;
- the
number of invalid ballot papers;
- the
number of valid ballot papers;
- the
number of votes individual electoral lists have won;
- the number of seats individual
electoral list have won.
- Final
results of the election of representatives are publicised in the
"Official Gazette of the Republic of Montenegro", and of the
election of councillors in the "Official Gazette of the Republic of
Montenegro – Municipal Ordinances" within 15 (fifteen) days of
polling day at the latest.
Article 100
The elected
councillors and representatives shall be issued by the Municipal Election
Commission and the Republican Election Commission respectively, the certificate
that they have been elected councillors or representatives on the day of the
verification of their term of office.
- TERMINATION OF THE TERM OF
OFFICE, REPEATED ELECTION, FILLING VACANT SEATS OF COUNCILLORS AND REPRESENTATIVES
AND EARLY ELECTION
- Termination of Term of Office
Article 101
- Councillors
and representatives’ terms of office shall be terminated before the expiry
of the term for which they have been elected in the following cases:
- if
they resign;
- if
they have been convicted, by a finally-binding court decision, to an
unconditional prison sentence of not less than six months, or to a prison
sentence for a criminal act rendering them unworthy of this office:
- if
they have been stripped of their business capacity by a finally-binding
court decision;
- if
they take over a function that is incompatible with the office of a
councillor and a representative, in conformity with the Constitution and
this Law;
- if
their Yugoslav and Montenegrin citizenship is revoked;
- if
they die;
- if
they cease to be members of political parties on whose electoral lists
they have been elected:
- if a ban is placed on the
activities of the political party on whose electoral list they have been
elected.
- The
term of office of councillors or representatives shall be terminated on
the day of advent of any of the events referred to in paragraph 1 of this
Article.
- The
termination of the term of office shall be stated by the competent
assembly at its first session following the receipt of notification of
reasons for the termination of the term of office of a councillor or
representative.
- A
councillor or representative whose term of office had terminated pursuant
to paragraph 1, item (iv) of this Article, may
remain on the electoral list and may gain the term of office of a
councillor or representative again, in accordance with this Law.
- Repeated Election
Article 102
- The
repeated election shall be conducted if the competent election commission annuls
the election at an individual polling station.
- In
the case referred to in paragraph 1 of this Article, the polling is
repeated at the individual polling station only.
- The
repeated election shall be conducted in the manner and according to the
procedure for the administration of election provided by this Law.
- The
repeated election shall be called for by the competent election
commission.
- In
case the election is repeated, the final results shall be established
after the repeated voting is finished.
Article 103
- The
repeated election is conducted within not more than 7 (seven) days of the
day the election is annulled.
- Electoral
lists for the administration of repeated election may not be changed.
- Filling Vacant Seats of Councillors and Representatives
Article 104
- If
the term of office of a councillor ore representative is terminated for
reasons stated in Article 101 of this Law, the seat shall be awarded to a
new councillor o representative, in the manner set down in this Article.
- If
on the electoral list from which a councillor or representative has been
elected there remains the same or larger number of candidates than the
number of councillors or representatives whose term of office has been
terminated, elected shall be the candidate whom the submitter of the
electoral list decides.
- If
on the electoral list from which a councillor or representative has been
elected there are no other candidates, the candidates from the list having
the next largest quotient shall be deemed elected a councillor or
representative.
- The
term of office of a new councillor or representative shall last until the
expiry of the term of office of a councillor ore representative whose term
of office has been terminated.
- The
candidates referred to in paragraphs 2 and 3 of this Article shall be
required, prior to the confirmation of their terms, to present a written
consent that they accept the term.
4. Early
Election
Article 105
- In
the event of dissolution of the Republican Assembly, or of the passing of
the decision to shorten the term of office of the Republican Assembly, the
early election shall be called for.
- The
early election shall be conducted in the manner and according to the
procedure for the administration of election set down by this Law.
- PROTECTION OF SUFFRAGE
Article 106
The bodies in
charge of administering the election are obliged to notify the electors during
the election procedure of their electoral right and the manner of protection of
these rights.
Article 107
- Every
elector, candidate and submitter of the electoral list have
the right to lodge a complaint to the competent election commission for
reasons of the infringement of the electoral rights during the election.
- The
complaint referred to in paragraph 1 of this Article shall be lodged
within 72 (seventy two) hours of the hour at which the decision was made
or the act performed.
- The
complaint referred to in paragraph 1 of this Article is lodged directly to
the competent election commission.
Article 108
- A
complaint against a decision, act or failure of the Polling Board shall be
lodged to the Municipal Election Commission.
- A
complaint against a decision, act or failure of the municipal Election
Commission shall be lodged to the Republican Election Commission.
Article 109
- The
competent election commission shall render a decision within 24 (twenty
four hours) of the hour of receipt of the complaint and shall deliver it
to the submitter of the complaint.
- If
the competent election commission finds that the complaint is justified,
it shall annul the decision or the act.
- If
the competent election commission fails to render a decision on the
complaint within the terms set down by this Law, the complaint shall be
deemed justified.
Article 110
- Against
the decision of the competent election commission by which the complaint
has been rejected or refused, a complaint may be lodged to the Republican
Election Commission.
- A
complaint may be lodged to the Constitutional Court against the decision of the Republican Election Commission
rejecting or refusing the complaint
Article 111
All the
procedures with regard to the delivery of decisions, conclusions, and other
records, documents, means of identification, petitions and the like shall be
regulated in accordance with the rules regulating the delivery in the
administrative procedure, unless otherwise prescribed by this Law.
XI a OBSERVERS OF THE ELECTION
Article 111a
Authorised
representatives of the local non-governmental organisations registered for
observing the exercise of political rights and freedoms,
shall be allowed to monitor the course of the election and the work of the
bodies in charge of administering the election, in conformity with this Law.
Article 111b
- Local
non-governmental organisations that show interest in observing the
election, shall apply to the Republican Election Commission which shall,
within 48 (forty eight) hours from the receipt of an application, issue
official authorisations or render a decision rejecting the issuance of such
an authorisation.
- The
application referred to in paragraph 1 of this Article shall include the
name of the organisation, the certificate of entering the registry, the
number and composition of the observer’s representatives.
- The
applications shall be lodged no later than five days prior to the
election.
Article 111v
Authorised
representatives of foreign countries and relevant international organisations
and non-governmental institutions, registered for observing the election and
the exercise of the suffrage, may monitor the course of the election and the
work of the bodies in charge of administering the election, in conformity with
provisions prescribed by this Law.
Article 111g
- Foreign
observers referred to in Article 111v of this Law, who wish to observe the
election, shall lodge an application for monitoring the election to the
Ministry of Foreign Affairs of the Republic of Montenegro, 10 (ten) days
prior to the polling day at latest.
- The
application referred to in paragraph 1 of this Article shall include the
name of the country the observer comes from, the title of the
organisation, the certificate of entering the registry, the number and
composition of the representatives and time/duration of their stay.
- The
Ministry of Foreign Affairs shall, on the day following the receipt of the
application, forward the application to the Republican Election
Commission.
- The
Republican Election Commission shall, within 48 (forty eight) days from
the receipt of the application, issue the official authorisations for
observing the election or render a decision refusing the issuance of such
an authorisation.
Article 111d
- To
the persons referred to in Articles 111a and 111v of this Law, the
Republican Election Commission shall issue identification cards bearing
the name and surname of the observer, the name of the country he comes
from and the title of the organisation/institution he belongs to.
- The
person to whom the identification card is issued,
shall be obliged to carry it in a conspicuous manner.
Article 111dj
- The
bodies in charge of administering the election shall be obliged to provide
for an undisturbed attendance/observing of the election by foreign and
local observers.
- The
Polling Committee shall enter into the Record the presence of observers at
the polling stations.
Article 111e
The Republican
Election Commission shall, on the proposal of the election administration
bodies, take away the authorisation and identification card from any person who
fails to observe the rules with regard to the maintenance of order at the
polling stations, or rules on the work of the election administration bodies.
- ELECTION ADMINISTRATION AND
ELECTION CAMPAIGN EXPENSES
Article 112
- Assets
for the work of election administration bodies, the election material and
other expenses for the administration of the election of the election
shall be provided by the Municipal Assembly for the election of
councillors, and the Republican Assembly for the election of representatives.
The request to be allocated these assets, together with the specification
of the total expenses, is submitted by the competent election commission.
- The
Republican Election Commission shall determine the criteria and allocate
the assets to municipal election commissions for performing necessary
activities in administering the election of representatives.
- The
Republican election Commission shall determine the manner of and control
the spending of assets referred to in paragraph 2 of this Article.
- Assets
allocated as a fee to persons working in election administration bodies
shall be exempted from paying taxes and contributions.
Article 113
The elected
representative, or councillor proposed by a group of citizens and the political
party for the elected representative, or councillor from the list of that
political party, shall be awarded an allowance the amount of which is
determined by the Republican or the Municipal Assembly.
Article 114
- State
and local administration bodies shall make their premises, equipment,
means and other facilities for conducting the election campaign available
and provide equal conditions for their using to all the submitters of
electoral lists.
- Within
10 (ten) days of calling for the election, the bodies referred to in
paragraph 1 of this Article shall define, by an agreement with the
submitters of electoral lists, the conditions and manner of using the
facilities referred to in paragraph 1 of this Article.
- PENAL PROVISIONS
Article 115
- Any
person taking an elector to account after the election for voting or
asking the elector to say who he has voted for and why he has not voted
for shall be fined or imprisoned for up to one year for the criminal act.
- If
the act referred to in paragraph 1 of this Article is committed by a
member of an election commission, a polling board or another carrying out
duties with regard to the election, such a person shall be punished with a
prison sentence from three months to three years.
- Any
person who, for the purpose of presentation, popularisation or attacking a
particular electoral list, orders the use or uses army forces, military
bodies, police, judiciary and state agencies and facilities and equipment
of these bodies, as well as employees of these bodies and other persons
working or co-operating with these bodies, if they execute such orders,
shall be punished with a prison sentence of three years.
- If
the criminal act referred to in paragraph 3 of this Article is committed
by the President of the Republic, the President of the Assembly, the
President and members of the Government, the President and members of the
Constitutional Court, the President and members of the Supreme Court, the
State Prosecutor and his deputies, as well as relevant governmental
officials on the Federal Republic of Yugoslavia, shall be punished with a
prison sentence of up to five years.
Article 116
- On
any person committing any of the following acts shall be imposed a fine of
five-fold to twenty-fold minimum wage in the Republic or sentenced to imprisonment
of up to 60 (sixty) days :
- agitating
contrary to the provision of Article 6 of this Law;
- accepting
the candidacy contrary to the provisions of Article 39 of this Law,
- signing
when nominating a candidate contrary to the provision of Article 44 of
this Law;
- using
the property for the presentation of electoral lists contrary to the
provision of paragraph 2, Article 50 of this Law;
- disturbing
the work of the Polling Board, conducting the election, voting, or the
work of the election commission;
- remaining
at the polling station after voting in spite of the warning of the
Chairman of the Polling Board, contrary to the provision of Article 72 of
this Law;
- coming to the polling station
armed or with dangerous instruments, contrary to the provisions of Article
69.
- Together
with the punishment for the infraction of the Law referred to in paragraph
1, item 7 of this Article, he person who has committed this act shall also
be punished with taking away the arms or dangerous weapons.
Article 117
- A fine
of fifty-fold to three hundred-fold minimum wage in the Republic shall be
imposed on a state media or any other public media if it :
- does
not act in conformity with the provisions of Articles 51, 52, 53, 56, 57
58 and 62 if this Law;
- acts contrary to the provisions
of Article 63 of this Law.
- A
fine of five-fold to twenty-fold minimum wage in the Republic shall also
be imposed on the authorised official at the state media or any other
public media for committing acts referred to in paragraph 1 of this
Article.
- TRANSITIONAL AND FINAL PROVISIONS
Article 118 (A15)
Exceptionally,
the elections to be held in Montenegro until 31 December 2002 shall be administered by the bodies in charge of
administering elections appointed in accordance with the transitional and final
provisions of this Law.
Article 119 (A16)
- The
permanent members of the Republican Election Commission shall include: the
chairman, the secretary and eight members.
- The
Chairmen of the Republican Election Commission shall be appointed at the
proposal of the (political) party which won the largest number of
representatives’ mandates in the previous elections.
- The
Secretary of the Republican Election Commission shall be appointed at the
proposal of the (political) party that won the second largest number of
representatives’ mandates in the previous elections.
- Appointed
in the permanent composition of the Republican Election Commission shall
be one representative each of all (political) parties represented in the
Assembly of the Republic of Montenegro.
Article 120 (A17)
- The
permanent members of the Municipal Election Commission shall include: the
chairman, the secretary and eight members.
- The
Municipal Election Commission shall be appointed according to criteria and
in the manner as defined in Article 16 of this Law.
- If
some of the political parties represented in the Assembly of the Republic of Montenegro does not have a political interest to delegate its
representative in the permanent composition of the Municipal Election
Commission, it can cede its place in that Municipal Election Commission to
some other political party about which it is obliged to inform a competent
Municipal Assembly.
- The
Chairmen of the Municipal Election Commission shall be appointed at the
proposal of the (political) party, i.e. coalition which won the largest
number of councilors’ mandates in the previous elections. If the coalition
electoral list won the largest number of mandates in the previous
elections the Chairman of the Municipal Election Commission shall be appointed
at the proposal of the party which, within the coalition, won the largest
number of mandates.
- The
Secretary of the Municipal Election Commission shall be appointed at the
proposal of the (political) party which won the second largest number of councilors’
mandates in the last election.
- In
the case of an even number of mandates, won by the coalition electoral
list and a party which submitted an independent electoral list, the
Chairman of the Municipal Election Commission shall be appointed at the
proposal of the (political) party, i.e. coalition which won the larger
number of votes.
- In
the case of an even number of mandates, won by the coalition electoral
lists, the Chairman of the Municipal Election Commission shall be
appointed at the proposal of the coalition whose electoral list won the
larger number of votes.
- In
the case of an even number of mandates, won by the parties which in the
last election submitted an independent electoral list, the Chairman of the
Municipal Election Commission shall be appointed at the proposal of a
(political) party which won the larger number of votes.
Article 121 (A18)
- The
permanent members of the polling board include: the president and four
members.
- Each
political party represented in the relevant Assembly shall be entitled to
a number of posts of the Chairman of the Polling Board according to the
proportional representation of the councilors’ mandates in the Assembly,
while the Municipal Election Commission shall by drawing lots determine
the polling stations for which a certain party would propose its
representative for the Chairman of the polling board.
- The
two permanent members of a Polling Board shall be appointed at the
proposal of the party, i.e. coalition, having majority in the relevant
Municipal Assembly.
- In
the permanent composition of a Polling Board appointed shall be
obligatorily one representative each of the two opposition parties,
represented in the relevant Assembly, which won the largest number of
votes at the last election.
- If
in the relevant Municipal Assembly there just one opposition party, two
representatives of that party shall be elected the permanent members of
the Polling Board.
Article 122 (A19)
The decisions
which have already passed and the actions which have already been taken by the
Republican Election Commission and the Municipal Election Commissions in the
outgoing composition shall be deemed a constitutional part of the unique
electoral process which shall be continued by the Republican Election
Commission and the Municipal Election Commissions appointed in accordance with
this Law.
Article 123 (A20)
In the Early
Elections to be held in the year 2002, election of four representatives, in
line with Article 12 Paragraph 3 of this Article, shall be held at the polling
stations which shall be determined by the Parliament of the Republic of Montenegro with a special
decision.
Article 124 (A21)
- The
Municipal Assembly, i.e. the Board of Commissioners in Podgorica and the
Board of Commissioners in Tivat, shall appoint the Municipal Election
Commissions within seven days of the day this Law entering into force.
- The
Assembly of the Republic of Montenegro shall within the time period envisaged by Paragraph 1 of this
Article appoint the Republican Election Commission.
Article 125 (A22)
The provisions
of the Law on Amendments to the Law on Election of the Councillors and
Representatives ("Official Gazette of the Republic of Montenegro, no. 41/2002")
which are not in conformity with the provisions contained in this Law shall be
declared null and void.
Article 126 (A23)
It is of the
public interest that, pursuant to Article 109 Article 2 of the Constitution of
the Republic of Montenegro, provisions of this Law be enforced at the Early
Elections of Representatives in the Parliament of the Republic of Montenegro,
Elections of Councillors in the Capital City - Podgorica, and Elections of
Councillors in the Municipal Assembly of Tivat, which have already been called
for.
Article 127 (A24)
This Law shall
enter into force on the day of its publication in the "Official Gazette of
Montenegro’.