THE LAW ON THE ELECTION
OF MEMBERS OF PARLIAMENT
I - BASIC PROVISIONS
This Law shall
regulate the election and termination of term of office of Members of
Parliament of the
Citizens shall
elect Members of Parliament on the basis of their free, universal, equal and
direct suffrage, by secret ballot.
No one shall
have the right, on whatever grounds, prevent a citizen from or force him into
voting, take a citizen to account for voting, or ask him who he has voted for
or why he has not voted.
The Parliament
of the
Members of
Parliament shall be elected in the
Parliamentary
seats shall be allocated in proportion to the number of votes won in the
election.
Citizens shall
have the rights to be informed in the media about the election programmes and
activities of submitters of candidate lists as well as about the candidates on
candidate lists.
It is the duty
of the media to ensure equal representation in information among all the
submitters of candidate lists and the candidates from the lists.
The election
campaign in the media and by way of public rallies and publication of results
estimates shall be forbidden for 48 (forty eight) hours prior to the polling
day, including the polling day until the closure of polling stations.
The election
administration bodies conducting the election shall be the Republican Election
Commissions and polling boards.
The protection
of suffrage shall be the duty of the Republican Election Commission, the
Supreme Court of Serbia and competent courts.
The funds
needed for the administration of the election of Members of Parliament shall be
provided by the republican budget.
II - SUFFRAGE
Suffrage, as
used in this Law, shall include the following rights of citizens: to elect and
be elected in the procedure determined by this Law; to nominate and be
nominated as candidates; to make decisions on the nominated candidates and
candidate 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 candidate lists and candidates on candidate lists,
as well as exercise other rights provided by this Law.
A citizen
permanently residing in the Republic of Serbia, who is at the same time a
Yugoslav citizen, has come of age, has the business capacity shall have the
right to elect and be elected a Member of Parliament
A Member of
Parliament shall not simultaneously be a holder of a judicial position or other
function appointed by the Parliament of the
As from the
date the term of office of a Member of Parliament is confirmed his seat the
function of the person appointed by the Parliament of the
III - REGISTERS OF ELECTORS
In the
The register of
electors shall be the public document kept ex officio.
A citizen shall
be entitled to insight into the register of electors and shall have the right
to request alterations of it (entry into, deletion from, modification of or
addition to the register of electors).
The register of
electors shall be a central and permanent document, updated every calendar
year, by 31 March, at the latest.
The Minister in
charge of administrations shall prescribe in greater detail the method of
updating data (corrections, submission, conclusion, rewriting, display etc.) or
registers of electors.
A voter shall
be entered in only one place in the register of electors.
Entered in the
register of electors according to their residence shall be voters as well as
persons who shall come of age during the validity of the register of electors,
a note of which shall be made giving the exact date of reaching maturity, i.e.
acquiring suffrage.
Persons
temporarily away from their permanent residence (refugees) shall be entered
into the register of electors at the place where they have been registered as
persons having that status.
Also entered in
the register of electors shall be Yugoslav citizens temporarily residing
abroad. They shall be registered according to their last permanent address
before going abroad.
Citizens
serving the army or those at a military exercise,
shall be entered into the register of electors according to their last
permanent residence.
Persons
deprived of their business capacity by a legally binding court decision shall
not be entered into the register of electors. If such persons have been entered
into the register of electors, their names shall be deleted from it. When they
are returned their business capacity by a legally binding court decision, they
shall be entered into the register of electors again.
An entry into
or deletion from the register of electors shall be done ex officio, on the
basis of data from registers of births and deaths, other official records,
public documents and by direct inspection.
An entry into
and deletion from the register shall be done at the request of a voter also
having other valid evidence.
The register of
electors shall be kept in volumes. Volumes of the register of electors shall be
kept separately for each settlement.
The register of
electors shall contain the following: ordinal number, name, personal
identification number, sex, year of birth, permanent
residence (street and house number, village, hamlet, settlement), space left
for the voter's signature and space for notes.
The register of
electors can also be kept in the form of a file, or in the form of a data basis
on the magnetic tape, or on a magnetic disk.
When the
register of electors is kept in the ways referred to in
When the
register of electors is kept in the ways referred to in
When the body
in charge of keeping the register of electors establishes the fact that the
register of electors contains the name of a deceased person or of a person having
changed permanent residence and thus not living on the territory of the
constituency any longer, that name shall be deleted from the register of
electors.
The deletions
referred to in
The Decision
referred to in
The competent
municipal body of the place where the voter has previously been entered into
the register of electors shall be notified of the entry into the register of
electors of the voter who has moved into the territory of the municipality.
A voter shall
be deleted from the register of electors on the basis of a notice referred to
in
Appeals to the
Decision referred to in Article 17 shall rest within the authority of the
ministry in charge of administration.
Within three
days from the date of calling for the election the body in charge of keeping
the register of electors shall inform citizens through either a public
advertisement or the media that they can have insight into the register of
electors and request an entry into, deletion from, modification to, amendment
to or a correction of the register of electors.
The request
concerning the entry, deletion, modification, amendment or a correction of the
register of electors shall be submitted to the body in charge of keeping the
register of electors together with the evidence.
The body in
charge of keeping the register of electors shall pass the decision concerning
the request referred to in
Within 48 hours
of the date the request was forwarded, a petition can be filed against the
decision referred to in
The petition
referred to in
The court decision
shall be irrevocable and executive.
The register of
electors shall be concluded not later than 15 days prior to the polling day.
The register of
electors shall be concluded by the decision of the body in charge of keeping
the register of electors.
The decision
referred to in
When the
register of electors is kept in the ways referred to in Article 16 of this Law,
the decision on the conclusion of the register of electors shall be entered
into the data specified in
The decision
referred to in
The Republican
Election Commission shall publish the exact number of votes in the
"Official Gazette of the
After the
register of electors is completed, entry into, deletion from, alterations of
and amendments to or correction of the register of electors shall be publicized
on the basis of the decision of the municipal court having jurisdiction over
noncontentious procedure.
The Republican
Election Commission shall enter a voter in the register of electors on the
basis of the competent court not later than 48 hours prior to the polling day
and publicize in the "Official Gazette" the final number of voters.
The body in
charge of keeping the register of electors shall compile an authenticated
extract from the register of electors for each polling station which is
forwarded to the Republican Election Commission within 24 hours of the hour the
decision to conclude the register of electors was passed.
The extract
from the register of electors shall be compiled in accordance with Article 15,
The body
referred to in
The Ministry in
charge of administration shall supervise the compliance of those provisions of
the Law on the Election of Member of Parliament that refer to registers of
electors 20 days prior to the polling day at the latest.
For polls that
are conducted simultaneously as many authenticated extracts from the register
of electors shall be issued as there are polls.
IV. CALLING FOR THE ELECTION
The election of
Member of Parliament shall be called for by the President of the Parliament of
the
The decision on
calling for the election shall be published in the "Official Gazette of
the
Not fewer than
45 of more than 90 days shall pass from the date of calling for the election
and the polling day.
The election of
Member of Parliament shall be held not later than 30 days prior the termination
of the term of office of Members of Parliament whose term of office is
expiring.
The term of office
of Member of Parliament whose mandate is expiring shall end on the day of
verification of terms of office of the newly elected Members of Parliament.
The mandates of
the Member of Parliament shall be verified on the basis of the certificate of
the election for the member of parliament and the
report of the Republican Election Commission on the election within 30 days
from the polling day.
A three member
committee shall be appointed at the constituting session of the Republican
Parliament of the
On the basis of
the report of the commission referred to in
V. ELECTION
ADMINISTRATION BODIES
1. Position of election administration bodies
The election
administration bodies shall act as autonomous and independent bodies performing
their duties in conformity with the law and regulations enacted on the basis of
the law.
The election
administration bodies shall be responsible for their work to the body that
appointed them.
All state
agencies and organizations shall offer help to the bodies administering the
election and provide them with the data necessary for their work.
The election
administration bodies shall operate in permanent and extended composition.
The election
administration bodies shall work in their extended composition from the day
their composition is determined until the end of the election.
Election
administration bodies shall make decision by the majority of votes of their
members of permanent, or extended composition.
No political
party, party coalition or other political organization shall have more than a
half of their members in the permanent composition of all election
administration bodies.
Members of the
Republican Election Commission and their deputies shall be appointed for a four
year term of office, and members of polling boards and their deputies for each
election.
Members and
deputies of the members of election administration bodies shall not be persons
mutually directly related, regardless of the level of kinship, or collaterally
related conclusively with the third level of kinship, and in father or
mother-in-law relation conclusively with the second level of kinship, or the
spouses and persons in the mutual relation of adopter or the adopted person, or
guardian and protege.
If the election commission, or polling board is composed in
contravention of the provision contained in
Deputies of
members of the Republican Election Commission and of members of polling boards
shall have the same rights and duties as the members they are replacing.
The right to
vote in the Republican Election Commission or the polling board shall be
exercised only by the member of that body, or his deputy in his absence.
Members of
bodies for the administration of the election of Members of Parliament and
their deputies must have suffrage.
The term of
office of members of election administration bodies and of their deputies shall
terminate when they accept the nomination for Members of Parliament.
The work of
election administration bodies shall be public.
Persons
monitoring the work of election administration bodies shall act in accordance with
the rules prescribed by the Republican Election Commission.
When persons referred to in
The candidate
from a proclaimed and confirmed candidate list shall not attend the work of
election administration bodies.
2. Republican Election Commission
Members of the
permanent composition of the Republican Election Commission shall be the
president and sixteen members appointed by the Parliament of the Republic of
Serbia at the proposal of political party groups at the Parliament of the
Republic of Serbia, and of the extended composition an additional
representative of each submitter of candidate list.
The Republican
Election Commission shall have a secretary appointed by the Parliament of the
The Republican
Election Commission shall also include a representative of the republican body
in charge of statistics who shall participate in the work of the Commission
with no decision making rights.
The President,
members of the Republican Election Commission and its secretary shall have
deputies.
The President,
members of the Republican Election Commission and their deputies must have a
degree in law.
The Republican
Election Commission shall pass a decision stating whether a submitter of
candidate list fulfills the conditions to appoint his representatives into the
extended composition of this body within 48 hours following the hour the
candidate list is proclaimed.
The decision
stating whether the submitter of candidate list has or has not fulfilled the
conditions to appoint his representatives shall be forwarded by the Republican
Election Commission to the submitter of candidate list within 24 of the hour
the decision is passed.
The
representative of a submitter of candidate list referred to in
The composition
of the Republican Election Commission shall be published in the "Official
Gazette of the
The Republican
Election Commission shall:
1) see that the election be legally administered;
2) organize
technical preparation for the election;
3) monitor the
implementation of this Law and provide explanations in that regard;
4) set unified standards for the election material;
5) prescribe
forms and rules for the administration of electoral activities prescribed by
this Law;
6) prescribe the type of spray referred to in Article 68,
7) determine and publicize in the "Official Gazette of the
8) form polling boards and appoint the president and members of
polling boards;
9) establish the number of ballot tickets for the polling
stations, authenticate them and submit, together with an authenticated extract
from the register of electors, to the polling boards against the records;
10) determine
what electoral documentation shall be submitted to it;
11) establish whether the candidate list has been complied and
filed in accordance with this Law and proclaim candidate lists;
12) pass the
decision on the proclamation of candidate lists;
13) defined the
method of safekeeping and handling of election material,
14) establish and publicize the results of the election;
15) determine the
number of seats won by each candidate list;
16) submit the
report to the Republican Parliament of the
17) submit data
to the bodies in charge of compiling and processing of statistical data;
18) perform other functions prescribed by this Law.
The Republican
Election Commission shall adopt rules on its work.
The forms
referred to in Items 4 and 5 of this Article shall be placed at disposal by the
Republican Election Commission to the participants in the election within five
days of the date the election is called for.
The conditions
for the work of the Republican Election Commission shall be provided by the
Parliament of the
3. Polling Board
The permanent
composition of polling boards shall include the following: the president and at
least two members, and the extended composition of an additional representative
of each submitter of candidate list.
The president
and members of polling boards shall have deputies.
Polling boards
shall be appointed not later than 10 days prior to the election
day.
The Republican
Election Commission shall pass a decision within 48 hours of the hour the
decision proclaiming the candidate list by which it shall determine which
submitter of candidate list has fulfilled the conditions to appoint
representatives into the extended composition of polling boards.
The decision
stating whether the conditions for appointing the representatives of submitters
of candidate lists have been fulfilled shall be forwarded to the submitter of
candidate list by the Republican Election Commission within 24 hours of the
hour the decision was passed.
Representatives
of submitters of candidate lists referred to in
Submitters of
candidate lists can make a mutual agreement and appoint a joint representative
into a polling board.
Polling boards
shall directly administer polling at the polling station, ensure regularity and
secrecy of vote, establish the results of voting at a polling station and
perform other operations as determined by this Law.
Polling boards
shall see to the keeping of order at polling stations during the election.
More detailed
rules about the work of polling boards shall be prescribed by the Republican
Election Commission.
In the event
that simultaneous elections are held for the Members of Parliament of the
Parliament of the
4. Representatives of submitters of candidate
lists in the election administration bodies
The submitter
of candidate list referred to in Articles 33 and 36 of this Law shall appoint
representatives in the election administration bodies and inform of that the
bodies that have appointed election administration bodies.
After receiving
information on the persons becoming members of the extended compositions,
election administration bodies in their permanent composition shall determined names
of persons becoming their members within 24 hours of the hour the information
was obtained.
If the
submitter of candidate list fails to appoint a representative of the election
administration body not later than five days prior to the polling day, the body
shall continue to operate and validly make decisions without representatives of
the submitter of candidate list.
VI. CANDIDATE LIST
1. Candidacy
Candidates
shall be nominated under the conditions prescribed by this Law by registered
political parties, party coalitions or other political organizations
(hereinafter referred to as "political parties") either
separately or jointly as well as by groups of citizens.
On behalf of a
political party, or a group of citizens, the proposal referred to in
The proposal
referred to in
A submitter of
candidate list can withdraw the list until the day the joint candidate list is
determined at the latest.
Upon withdrawal
of the candidate list there shall terminate the function of the representative
of the submitter of candidate list in all the election administration bodies as
well as all the rights pertaining to him in accordance with the provisions of
this Law.
2. Title, determination and proclamation of the
candidate list
The title of
the candidate list shall be determined according to the name of the political
party submitting the list. The title can include the name and surname of the
person chosen by the political party to be the first candidate on the candidate
list.
If two or more
political parties submit one joint candidate list, the title of the list and
the maximum of two holders of candidate list shall be appointed by their mutual
agreement.
Together with
the title of the candidate list of a group of citizens, the submitter shall
determine a more specific sign of the list, and can include in the title the
name and surname of persons chosen by the group of citizens to be holders of
the candidate list.
The person
chosen to be the holder of candidate list can be the candidate for the Member
of Parliament.
The person
chosen as holder of candidate list can be nominated a candidate for other state
body the election for which is simultaneously conducted.
An candidate list shall be considered confirmed when supported by at least
10,000 voters' signatures.
The Republican
Election Commission shall prescribe the layout and content of the form used for
signatures referred to in
A voter can
support with his signature the candidate list of just one submitter. Every
signature referred to in
The fee for the
authentication of signatures shall be determined by the Ministry of Justice of
the
The candidate
list shall be submitted to the Republican Election Commission not later than 15
days prior to the polling day.
Together with
the candidate list, the Republican Election Commission shall also be submitted
the following documentation:
1) certificate of suffrage for each candidate from the
candidate list containing the name and surname, date of birth, profession and
the personal identification number;
2) written statement of acceptance of the candidacy by the
candidate;
3) statement of the candidate's permanent residence;
4) certificate of permanent residence;
5) authorization of the persons submitting the candidate list;
6) certificate of citizenship;
7) signatures of voters having supported a certain candidate
list given on a special form and authenticated by the court.
The Republican
Election Commission shall proclaim the candidate list of a single political
party (party candidate list), the list of two or more political parties
(coalition candidate list), or of a group of citizens (candidate list of a
group of citizens) immediately after it receives the candidate lists and
corresponding documentation, but not later than 24 hour of the hour of receipt
of the candidate list.
The decision on
the proclamation of candidate lists referred to in
If the Republican
Election Commission finds that the candidate list has not been submitted in
time, it shall pass the decision on its rejection.
If the
Republican Election Commission finds that an candidate list is incomplete and
cannot proclaim the candidate list in accordance with this Law, it shall adopt
the conclusion within 24 hours of the hour of receipt of the candidate list
giving instruction to the submitter of that candidate list to complete the list
within 48 hours of the hour of receipt of the conclusion at the latest. The
conclusion shall contain the instructions to the submitter of candidate list as
to how to remove the imperfections in the list.
If the
Republican Election Commission finds that the candidate list contains
weaknesses envisaged by this Law or that the imperfections have not been
removed, or have not been removed by the set deadline, it shall pass the
decision rejecting the proclamation of the candidate list within the next 48
hours.
3. Joint candidate list
The joint
candidate list shall be determined by the Republican Election Commission. The
joint list shall contain all the candidate lists with names of all the
candidates and data concerning the year of birth, occupation and permanent
residence.
The order of
candidate lists, together with names of all the candidates, shall be determined
according to the order in which they have been proclaimed.
The joint
candidate list shall be published in the "Official Gazette of the
Each submitter
of candidate list shall have the right, within 48 hours of the date of
publication of the joint candidate list, to inspect through the authorized
person the submitted candidate lists and accompanying documentation.
VII. REPRESENTATION OF
SUBMITTERS OF CANDIDATE LISTS AND CANDIDATES FROM CANDIDATE LISTS
Submitters of
candidate lists shall have the right to inform the citizens through the media
about the programmes and activities as well as about the nominated candidates,
in accordance with the provisions of this Law.
Organizations
broadcasting the radio and television programme that are founded by the
Republic of Serbia shall have the duty, starting from the date of calling for
the election, ensure representation of submitters of candidate lists and
candidates from candidate lists as well as representation and explanation of
electoral programmes of the submitters of candidate lists in accordance with
this Law in the political information programmes that can be seen and heard on
the whole of the territory of the Republic.
Organizations
referred to in
Editors and
hosts of political information programmes and special programmes of
organizations referred to in Article 49 of this Law shall have the duty during
the election campaign to independently and objectively represent all the
candidates, and the programme hosts must have an impartial attitude to all the
political, social and ethnical - cultural programmes of political parties whose
candidates are represented.
In accordance
with the provision referred to in
Two representatives
each of the Public radio and television broadcasting company founded by the
Republic of Serbia, the Government of the Republic of Serbia and political
parties having seats in the Parliament of the Republic of Serbia shall reach
the agreement as to the number and duration of programmes aimed at the
representation of political parties, political organizations and groups of
citizens intending to participate in the election.
The agreement
referred to in
The media
referred to in
VIII. ELECTION
ADMINISTRATION
1. Polling stations
Voting for the
Members of Parliaments shall be conducted at polling stations. Polling stations
shall be determined for up to 2,500 and not fewer than 100 voters. More
detailed rules concerning the polling stations shall be determined by the
Republican Election Commission.
A voter shall
vote at the polling station where he was entered into the extract from the
register of electors.
Not later than
five days prior to the polling day every elector shall receive information
about the day and hours during which the election shall be held also including
the number and address of the polling station where he shall vote and the
number under which he is entered into the extract from the register of
electors.
The information
referred to in
Every voter
shall vote in person.
Every voter
shall vote only once during the election, by secret ballot.
Voters shall
cast their votes on authenticated ballot papers.
At the polling
station and within the circle of 50 metres from the polling stations any
display of political party symbols and any other promotional material shall be
forbidden.
If during the
election rules referred to in Paras. 1 to 4 of this Article are
violated, the polling board shall be dissolved and voting at that polling
station repeated.
The use of
pagers, mobile phones and other communication means at the polling station
shall be forbidden.
More detailed
instruction concerning the measures ensuring secrecy of voting shall be
prescribed by the Republican Election Commission.
Polling
stations shall be opened at 7.00 and closed at 20.00. During that time, polling
stations must be open non stop.
Voters at the
polling station at the moment of its closure shall be allowed to cast their
vote.
If the order is
disturbed at the polling station, the polling board can suspend the voting
until order is restored. The reasons for and duration of the interruption shall
be entered into the report on the work of the polling board.
If the
interruption is longer than an hour, the voting at that polling station shall
be prolonged by as long as the interruption lasted.
As long as
polling stations are open and voting underway all the members of the polling
board or their deputies must be present at the polling board.
A special room
where secrecy of voting can be ensured shall be provided for each polling
station.
In the room where
voting takes place as many voters may be present as there are places provided
ensuring the secrecy of voting.
Forbidden shall
be prolonged presence at the polling station of all persons having no rights
and duties concerning the election administration that are determined by this
Law.
Members of
police forces can enter the polling station only if peace and order at the
polling station have been disturbed, when invited by the president of the
polling board.
Any failure to
comply with the provisions referred to in Paras. 1 to 5 of this Article can be
followed by the complaint lodged to the Republican Election Commission that
shall make a decision whether to have voting at that polling station repeated.
2. Electoral material
A ballot paper
shall contain:
1. ordinal number placed before the title of the candidate
list,
2. titles of candidate lists, according to the order determined
in the joint list, with the name of the first candidate from the list,
3. note that one should vote for one candidate list only by
circling the ordinal number preceding the title of that list.
Ballot papers
shall be prepared and authenticated by the Republican Election Commission.
The Republican
Election Commission shall determine the number of ballot papers that must be
identical to the number of electors entered in the register of electors.
The Republican
Election Commission shall control the preparation and authentication of ballot
papers and determine the number of reserve ballot papers.
Ballot papers
shall be printed in one place, on paper having watermark.
Submitters of
candidate lists shall submit to the Republican Election Commission the name of
person having the right to attend the printing, counting and packing of ballot
papers and their forwarding to the bodies in charge of the election
administration.
In
municipalities where languages of national minorities are officially used,
ballot papers shall also be printed in those languages.
The Republican
Election Commission shall pass more detailed rules defining the layout and
design of ballot papers, manner and control of printing and forwarding as well
as the handling of ballot papers.
The Minister in
charge of administration shall prescribe in greater detail the form and
dimensions of the ballot box. Ballot boxes must be made of transparent material
(Perspex, plastic or other similar material).
The Republican
Election Commission shall have the duty to prepare in time the voting material
for each polling station, especially the required number of ballot papers, the
joint candidate list, extract from the register of
electors, certificates of suffrage as well as the form for the record of the
work of polling boards.
The election
material shall be delivered not later than 48 hours prior to the polling day.
Local
government shall see that the local stations are prepared as well as the
required number of ballot boxes for each polling board, together with the
sealing and writing material.
On the election
day, before voting begins, the polling board shall establish whether the
election material prepared for that polling station is complete and adequate,
whether the polling station is arranged so as to ensure the secrecy of voting
and whether the voting can begin, and shall enter a note on that into the
record of its work.
The joint
candidate list with titles of candidate lists and names of all the candidates
must be displayed in a visible place during the voting at the polling station.
The content, form
and manner of displaying the joint candidate list referred to in
Representatives
of submitters of candidate lists and candidates for Members of Parliament shall
have the right to have insight into the election material, especially into the
extracts from the register of electors, record of the work of polling boards,
record of the Republican Election Commission and the ballot papers. This right
can be exercised on the official premises of the Republican Election Commission
as well as of the body keeping the election material. Insight into the election
material shall be allowed within five days following the polling day.
The election
material shall be preserved for at least four years.
The Republican
Election Commission shall prescribe the manner of using the election material.
The Republican
Election Commission shall prescribe the content and layout of forms and
election material required for the election administration within 15 days of
the date the commission is appointed.
3. Polling
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 shall be placed in the ballot box which is then sealed in the presence of
the first elector, the note on which is then 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 shall be prescribed by the Republican Election Commission.
The elector
shall first state his name and surname to the polling board and hand the invitation
to the polls and prove his identity by producing either his ID or some other
means of identification.
The elector may
not cast his vote without producing a proof of his identity. After establishing
the identity of the electors, the president or the member of the polling board
shall circle the number under which the electors has been entered into the
extract from the register of electors and explain the voting procedure to him.
The electors
shall sign the register of electors and take the ballot paper.
Each elector
who has come to vote and received the ballot paper shall have his right index
finger sprayed to certify that he has already voted. The spray shall remain on
the finger for at least 24 hours.
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 provisions referred to in Paras. 1 to 3 of this Article be violated, the
Republican Election Commission shall dissolve the polling board, appoint a new
polling board and set the time for the repeated voting at that polling board.
An elector may
cast his vote for only one candidate list on the ballot paper. Voting shall be
performed by circling the ordinal number before the title of the chosen
candidate list.
The elector
shall then fold the marked ballot papers himself in such a manner as to conceal
who he has voted for and place it into the ballot box, and shall then leave the
polling station.
No alterations to
the extracts from the register of electors may be made on polling day.
If any of the
activities are performed in contravention of the provision referred to in
The elector who
cannot cast his vote in person (for reasons of his blindness, disability or
illiteracy) has the 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.
The manner of
voting referred to in
Electors who
are doing their national army service or are taking part in a military
exercise, or electors who are performing duties in units or institutions of the
Yugoslav Army, shall cast their vote at the polling station nearest to the
military barracks where they are doing their service or taking part in an
exercise.
The Republican
Election Commission shall publish in the "Official Gazette of the
On the basis of
data provided by the body in charge of keeping the register of electors
referred to in
IX - ESTABLISHING AND
ANNOUNCING OF ELECTION RESULTS
1. Establishing election results
After the
voting has been finished, the polling board shall proceed to establish the
election results at its polling station.
The polling
board shall determine the number of unused 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 shall determine the
total number of electors who have voted.
When the ballot
box is opened, and after the control slip has been checked, valid ballot papers
shall be separated from the invalid ones.
The polling
board shall state the number of invalid ballot papers and enter it into the
records and then the number of valid ballot papers as well as the number of
votes for each candidate list, which is also entered into the records.
The following
shall be deemed invalid ballot papers: unmarked ballot papers, ballot papers
marked in such a way that it is not clear which candidate list an elector has
voted for as well as the ballot paper in which more than one candidate list
have been circled.
If the ballot
paper has the name and surname of the first candidate in the candidate list
circled or the title or part of the title of candidate list circled, or if the
ordinal number and the title of candidate list are simultaneously circled with
the name and surname of the first candidate, such ballot paper shall be deemed
valid.
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, the polling board shall
be dissolved and a new one appointed, and polling at that polling station shall
be repeated.
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 invalid ballot papers, the number
of valid ballot papers, the number of votes for each candidate list, the number
of electors according to the extract from the register of electors and the
number of electors who have voted.
Also entered
into the record of the work of the polling board shall be the notes and remarks
of polling board members, that of submitters of candidate lists as well as
notes on all the other facts relevant for the polling.
The record of
the work of the polling board shall be signed by all the members of the polling
board.
The record of
the work of polling boards shall be made on the prescribed form and printed in six
copies.
In
municipalities where languages of national minorities are officially used the
record of the work of polling boards shall be also printed in those languages.
The first copy
of the records with the electoral material shall be submitted to the Republican
Election Commission.
The second copy
of the record shall be displayed at the polling station for public inspection.
The remaining
four copies of the record shall be handed to representatives of submitters of
candidate lists having won most votes at that polling station immediately if
the submitter of the candidate list has a representative in the polling board,
and if not, the representative of the submitter of candidate list can take a
copy of the record from the electoral commission within 12 hours.
Other
submitters of candidate list shall have the right within 12 hours following the
delivery of the material from the polling station to the Republican Election
Commission to get from the Republican Election Commission the authenticated
photocopy of the record from the polling station.
After the
polling results have been established, the polling board shall immediately and
within 18 hours at the latest following the closure of the polling station
submit to the Republican Election Commission the following: record of the work,
extract from the register of electors, unused and, separately, used ballot
papers, invalid and, separately, valid ballot papers and the remaining election
material.
Within 96 hours
of closure of polling stations, the Republican Election Commission shall make
the record of 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 total number of ballot papers received at the polling stations,
the total number of unused ballot papers, the total number of invalid ballot
papers, the total number of valid ballot papers, and the number of votes for
each individual candidate list.
The Republican
Election Commission shall establish the election results and make a special
record on that.
The Republican
Election Commission shall prescribe the content and layout of the form used for
the record of its work.
Submitters of
candidate lists can inform the Republican Election Commission of the name of
the person authorized to attend the statistical data processing at the
Republican Election Commission.
Each candidate
list shall be allocated the number of seats in proportion to the number of
votes won.
Participating
in the allocation of seats shall be only the candidate lists that have won at
least 5% of the total number of electors having voted in the constituency.
The Republican
Election Commission shall allocate seats implementing the biggest quotient
system.
The seats shall
be allocated by dividing the total number of votes each individual candidate
list has won by the numbers from one to 250 conclusively.
The obtained
quotients shall be allocated by size with only 250 biggest quotients taken into
account. Each candidate list shall be given as many seats as there are
quotients belonging to that list.
If two
candidate lists or more candidate lists should win the same quotients on the
basis of which one seat is obtained and there are no more non-allocated seats,
the seat shall be allocated to the list that has won the bigger total number of
votes.
If no candidate
list has won the minimum of 5% votes, the allocation shall be performed in the
manner referred to in Paras. 1 to 3 of this Article.
Seats belonging
to an candidate list shall be allocated to the
candidates from that list in accordance with the provisions of this Law.
When an candidate list is allocated more seats than there are
candidates for members of parliament proposed in that list, the seat shall be
allocated to the candidate list having the second biggest quotient.
The submitter
of candidate list shall forward to the Republican Election Commission within
ten days of the date of publication of overall results of the election the data
on what candidates from the candidate list shall be allocated the obtained
parliamentary seats, in accordance with the provisions of this Law.
If the submitter
of candidate list should fail to submit the said data, the Republican Election
Commission shall inform it in writing that he is obliged to do that within the
additional five day period, also informing him to the consequences for
non-compliance.
If the
submitter of candidate list should also fail to submit the data within the
subsequent period, the Republican Election Commission shall pass a special
decision allocating all the obtained seats from that candidate list to the
candidates from the lists according to their order on the list. No petition or
complaint can be filed against this decision.
2. Publicizing of election results
The Republican
Election Commission shall publish in the "Official Gazette of the
1. number of electors entered in the register of electors;
2. total number of electors who have cast their vote;
3. number of received ballot papers,
4. the number of unused ballot papers,
5. the number of used ballot papers,
6. the number of invalid ballot papers,
7. the number of valid ballot papers,
8. the number of votes individual candidate lists have won, and
9. the number of seats individual candidate lists have won.
The results of
the election shall be publicized by the Republican Election Commission within
96 hours of the hour polling ended.
The Republican
Election Commission shall publicize in the media the preliminary election
results from the end of voting until the publication of the election results.
The results of
the election shall be published in the "Official Gazette of the
The Republican
Election Commission shall issue a Member of Parliament the certificate of election.
X. TERMINATION OF TERM
OF OFFICE, REPEATED ELECTION AND FILLING VACANT PARLIAMENTARY SEATS
1. Termination of term of office
The term of
office of Members of Parliament shall expire before the end of the period they
have been elected for:
The term of
office of the member of parliament shall be terminated
on the day of advent of any of the events referred to in
The termination
of the term of office shall be stated by the Republican Parliament at its first
session following the receipt of notification of reasons for the termination of
the term of office of members of parliament.
The repeated
election shall be conducted if the Republican election commission annuls the
election due to irregularities in the election administration in cases
specified by this Law.
If the
Republican Election Commission annuls the election at a single polling station,
the polling is repeated at that polling station only.
When the
election is repeated in cases specified by this Law, the Republican Election
Commission shall pass the decision on repeating the election.
In cases
referred to in Articles 89 and 90 of this Law, the election results shall be
established upon the completion of the repeated polling.
The repeated
election shall be conducted in the manner and following the procedure
prescribed by this Law for the election administration.
The repeated
election shall be called for by the Republican Election Commission.
The repeated
election shall be administered not later than 15 days following the annulment
of the election of the
The repeated
election shall be administered according to the list of candidates determined
for the annulled election, except when the election is annulled due to
irregularities in the determination of the candidate list.
If pursuant to the Article 88,
When the term
of office of a member of parliament terminates before the expiry of the term he
has been elected for in cases referred to in
When the term
of office of a member of parliament terminates before the expiry of the term
the member of parliament has been elected for in cases
referred to in
The term of
office of the new member of parliament shall last
until the termination of the term of office of the member of parliament whose
term of office has expired.
In cases
referred to in Paras. 2 and 3 of this Article the candidates shall be asked to
provide the written statement that they accept the mandate before the mandate
is confirmed.
XI. PROTECTION OF SUFFRAGE
The election
administration bodies shall have the duty to notify the electors during the
election procedure of their electoral right and the protection of these rights.
Every elector, candidate
and submitter of the candidate list shall have the right to the protection of
suffrage, following the procedure specified by this Law.
Every elector,
candidate and submitter of the candidate list shall have the right to lodge a
complaint to the Republican election commission for reasons of the infringement
of the electoral rights during the election or irregularities in the nomination
procedure or the election.
The appeal
against the decision, act or failure of the polling board shall be lodged to
the Republican election commission.
The complaint
referred to in Paras. 1 and 2 of this Article shall be lodged within 24 hours
of the hour at which the decision was made or the act considered irregular
performed, or of the hour the failure occurred.
The Republican
election commission shall render a decision within 48 hours of the hour of
receipt of the complaint and shall deliver it to the submitter of the
complaint.
If the
Republican election commission finds the complaint is justified, it shall annul
the decision or the act.
If the
Republican election commission fails to render a decision on the complaint
within the terms set down by this Law, the complaint shall be deemed justified.
Against the
decision of the Republican election commission by which the complaint has been
rejected or accepted, a complaint may be lodged to the Supreme Court of Serbia.
The complaint
can be lodged through the Republican Election Commission within 48 hours of the
receipt of the decision.
The Republican
Election Commission shall forward the complaint and other documentation to the
Supreme Court of Serbia within 24 hours of the receipt of complaint.
The Supreme
Court of Serbia shall decide on the complaint by implementing the provision of
the law regulating administrative disputes.
The decision
concerning the complaint shall be passed within 48 hours of the receipt of the
complaint and the documentation.
The decision
passed in the appeal procedure shall be irrevocable and no petition can be
filed against it requiring extra reviewing of the court decision or the or the petition for the repeated procedure, envisaged by
the Law on Administrative Legislation.
If the court
should adopt the appeal, the electoral activity in question, or the election,
shall be repeated within the maximum of five days.
XII - ELECTION
ADMINISTRATION EXPENSES
Assets for the
work of election administration bodies, the election material and other
expenses for the administration of the election shall be provided by the
Republican budget.
The request to
be allocated these assets, together with the specification of the total
expenses, shall be submitted by the Republican election commission.
Assets paid as
a fee to persons working in the election administration bodies shall be
exempted from paying taxes and contributions.
In the election
administration procedure the general supervision over political parties,
candidates and the media during the electoral activities shall be the duty of
the supervision board.
The supervision
board shall have ten members, half of which shall be appointed by the
Parliament of the Republic of Serbia at the proposal of the Government of
Serbia, and the other half at the proposal of parliamentary groups in the
Parliament of the Republic of Serbia from among renowned public activists, on
condition that they are not members of the political parties participating in
the election.
The members of the
supervision board shall appoint one of them by secret ballot to the post of the
president of the supervision board.
The supervision
board shall:
If any
participant in the election campaign should encourage violence by his behaviour
or instill national, religious or racial hatred or encourage the inequality of
the sexes, the supervision board for the election campaign shall immediately
initiate the proceedings before the competent state bodies.
If the
agreement referred to in Article 51 of this Law is not made in the prescribed
period, the supervision board shall determine the number and duration of
programmes aimed at equal representation of submitters of candidate lists.
The Parliament
of the
The Republican
Election Commission shall pass enactments envisaged by this Law not later than
five days following the date of appointment of its members.
The Republican Election
Commission shall determine the polling stations where the election of members
of parliament shall be held so as to enable electors to vote for those members
and other members and councillors elected in the election on the same day in
the same room, or, if that is possible, in the room nearest to the one where
other election is simultaneously held.
Republican
organizations in charge of statistics shall publish in the "Official
Gazette of the
The funds for
the financing of election campaign shall be provided, amounting to 1,000
average net pays paid to employees in the economic sector of the Republic of
Serbia for the month preceding the month when the election is called for which
the data have been officially confirmed.
The funds
referred to in
XIII - PENAL PROVISIONS
A member of the
Republican Election Commission or a polling board, or another person who during
the performance of duties regarding the election of members of parliament
should alter the number of votes by adding or taking away the ballot papers or
the votes when counting or should publish the election results not
corresponding to the polling shall be punished for the criminal offence by the
maximum three years imprisonment.
One year
imprisonment shall be pronounced for the criminal offence to the person who:
If the act referred to in
A fine or one year
imprisonment shall be imposed for the criminal offense on a person who shall:
If the act referred to in
A fine or
imprisonment up to six months shall be imposed for criminal offence on any
person violating the secrecy of ballot at the election of members of
parliament.
If the act referred to in
A fine from
5,000 to 20,000 new dinars shall be imposed for the offence on the organization
publicizing the estimate of the election results or the preliminary results in
contravention of the provisions of Article 5,
The person held
accountable in the organization shall also be punished for the offence referred
to in
The person
publicizing the estimate of the election results or preliminary results shall
also be punished for the offence by a fine from 500 to 2,000 new dinars.
A fine from
1,500 to 6,000 new dinars shall also be imposed for the offence on a member of
the polling board or the Republican Election Commission who makes the
supervision of the work of election administration bodies impossible (Article
32, Para. 2 of this Law).
A fine from
12,000 to 60,000 new dinars shall be imposed for the offence on the
organizations referred to in Article 51 of this Law if they fail to perform
their duties prescribed by the provisions of this Law or if they ensure the
representation of candidates in contravention of the provisions of Article 49,
Para. 2 of this Law.
A fine from
1,500 to 6,000 new dinars shall also be imposed for the offence referred to in
A fine from
5,000 to 10,000 new dinars shall be imposed on the head of the body in charge
of keeping the register of electors if he fails to perform his duties referred
to in Articles 12, 19 and 54 of this Law.
A fine from
5,000 to 10,000 new dinars shall be imposed for the offence on a political
party, coalition or some other political organization or another legal entity
that displays the symbols of the political party or other political
organization, as well as other promotional material (Article 55 of this Law) in
contravention of this Law.
The accountable person at the political party or other legal
entity shall also be punished for the offence referred to in
A fine from
1,500 to 6,000 new dinars shall also be imposed for the offence on the person
using a pager, mobile phone or other communication means at the polling station
(Article 55 of this Law).
A fine from 500
to 2,500 new dinars shall be imposed on the person causing a disturbance at the
polling station due to which polling had to be suspended (Article 57 of this
Law).
XIV - TRANSITIONAL AND
FINAL PROVISIONS
This Law shall
come into effect on the eighth day of its publication in the "Official
Gazette of the
Upon this Law
coming into effect, the Law on the Election of Members of Parliament
("Official Gazette of the
Upon this Law
coming into effect, the Law on Constituencies for the Election of Members of
Parliament" ("Official Gazette of the
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