Local Self-Government
Act
I. General Provisions
Municipal
assembly councillors (hereinafter referred to as councillors) are appointed
following the procedure and in the manner determined by this act, the municipal
statutes and other municipal legal documents.
Councillors are
appointed for a four year term of office.
Local
self-government election must be held at least thiry (30) days before the term
of office of previously elected councillors has expired.
During the
state of war, the municipal assembly may prolong the councillors' term of
office as long as there is the state of war, or until conditions necessary for
the election of councillors to be held have been fulfilled.
A citizen of
A citizen of
Serbia, who is a Yugoslav citizen and has come of age, has the business
capacity and has been a permanent resident on the territory of the municipality
where he has been nominated as a candidate for a councillor for at least six
months prior to the date of calling for the election of councillors shall have
the right to be elected a councillor.
Citizens select
their councillors on the basis of their free, universal, equal and direct
suffrage, by secret ballot.
No one has the
right on any grounds to take a citizen to account for voting, or ask him/her
who he/she has voted for of why he/she has not voted, or prevent him/her from
voting.
Councillors are
selected in constituencies determined by the decision of municipal assemblies.
Constituencies
are determined in such a way so as to have approximately identical number of
voters per a councillor in each constituency.
Exceptionally of the provision stated in
One councillor
is elected in any single constituency.
A person
already holding office of a representative may also be appointed a councillor.
Employment with
local administration is incompatible with the position of a municipal assembly
councillor.
Employment with
local administration is at a standstill once that person's mandate as
councillor has been confirmed.
The
incompatibility of the function of a councillor with other functions,
professions, or professional duties is subject to limitations defined for
representatives.
The election of
councillors is called for by the Speaker of the Republican Parliament.
No less than
forty-five (45) and no more than ninety (90) days shall pass between the day of
calling for the election and the polling day.
The Republican
Parliament may decide at the proposal by the Government to call for early
election of councillors in either some or all of the municipalities of the
Republic.
The decision on
calling for the election shall specify the date of the election as well as the
day when all the terms fixed for the administration of electoral procedures
start from.
The decision to
call for the election shall be publicised in the "Official Gazette of the
2. Election
Administration Bodies
Election administration
bodies are municipal election commission and polling boards.
Election
administration bodies shall be independent and autonomous in their work and
shall act in accordance with the act and regulations passed in compliance with
this act.
Election administration
bodies are accountable for their work to the body that has appointed them.
All bodies and
organisations are obliged to offer assistance to election administration bodies
and submit them the data they need in their work.
Appointed to
the post of election administration body members and their deputies may be only
citizens having suffrage an permanent residence on the
territory of the municipality.
The office of
members of election administration bodies and their deputies shall terminated on the date of their acceptance of nomination for
a councillor.
The municipal
election commission shall operate in permanent and extended composition.
The municipal
election commission shall operate in extended composition as from the date its
composition is determined until the end of election.
The municipal
election commission shall make decisions by the majority of votes in either its
permanent or extended position.
The municipal
election commission in its permanent composition shall consist of the chairman
and at least four members appointed by the local council, and in its extended
composition also of one representative of the nominator of the candidate that
has nominated candidates for councillors in no fewer
than two thirds of constituencies in the municipality.
The municipal
election commission shall have a secretary appointed by the local assembly. The
secretary shall take part in the work of the commission with no right to
decision making participation.
The chairman, other
municipal election commission members and its secretary shall have their
deputies.
The chairman,
chairman deputy and secretary of municipal election commission shall be
selected from the rank of graduated lawyers.
The municipal
election commission shall pass the decision specifying what nominators of
candidates have fulfilled the requirements to appoint their representatives to
the extended composition of this body within forty-eight (48) hours from the
hour the list of candidates for all constituencies was proclaimed.
The candidate's
nominator shall appoint his representative to the municipal election commission
within twenty-four (24) hours following the forwarding of the decision referred
to in
The municipal
election commission shall determine the extended composition within twenty-four
(24) hours following the expiry of the term referred to in
The municipal
election commission shall:
In its work the
municipal election commission shall implement the instructions and other
provisions of the republican election commission regulating the administration
of the election of representatives to the republican parliament.
The polling
board shall work in its permanent and extended composition.
In its
permanent composition the polling board consists of the chairman and at least
two members.
The appointment
of extended membership of the polling board is subject to the provisions of
this act regarding the municipal election commission in extended composition on
condition that the nominator of the candidate fulfilling the conditions to have
a representative in the municipal election commission in its extended
composition has nominated his candidate in the constituency where the polling
board is appointed.
The polling
board chairman and members shall each have a deputy.
The polling
board shall be appointed not later than ten (10) days prior to the election day.
The nominator
of the candidate who has no representative in the polling board may appoint a
person to monitor the work of the polling board.
In the event
that both the local election and the election of federal representatives to the
Citizens' Council, the Federal Parliament or the election of representatives to
the Republican Parliament or the President of the Republic are held on the same
day, the function of polling boards for the election of councillors shall be
performed by polling boards appointed by the competent bodies in charge of
administering the election of representatives to the Republican or Federal
Parliaments or the President of the Republic.
The polling
board shall be in charge of direct administering of voting, ensure the
regularity and secrecy of voting, establish the results of voting at the
polling station and perform other activities as specified by this act.
The polling
board shall be in charge of keeping order at the polling station during voting.
More detailed
rules on the work of the polling board shall be set out by the municipal
election commission.
III. Candidacy and lists
of candidates
Candidates for
councillors may be nominated, either individually or collectively, by
registered political parties and other political organisations (hereinafter
referred to as "political parties") that are supported by signatures
of not fewer than thirty (30) voters in a constituency.
Candidates for
councillors may also be nominated by a group of not fewer than thirty (30)
citizens - voters in a constituency.
Each voter can
sign the nomination for only one candidate within a single constituency.
Had the voter
signed the nomination for several nominated candidates, the signature put on
the nomination that has been submitted first to the municipal election
commission shall be deemed valid.
One person can
be nominated a candidate on only one electoral list and in only one
constituency.
The nomination
for the candidate shall be submitted to the municipal election commission on a
special form containing the following information:
If a candidate
is nominated jointly by two or more political parties, the indication of
nominator shall be in the form of either the names of all of the said political
parties or the name that the nominators have chosen together.
If a candidate
is nominated by a group of citizens, the indication of nominator shall include
the note that it is the group of citizens, the nominator being entitled however
to use another, more specific name.
The nomination
of a candidate shall be submitted to the municipal election commission not
later than fifteen (15) days prior to the election day.
The nomination
of a candidate shall be submitted to the municipal election commission together
with the following documents:
The municipal
election commission shall prescribe the form for the collection of signatures
of required number of voters.
The municipal
election commission shall immediately establish, within twenty-four (24) hours
at the latest of the receipt of nominations for candidates for councillors
together with required documentation, whether the nomination has been made
within the prescribed term and in conformity with the provisions of this act.
If the
municipal election commission finds the nomination deficient in any way, it
shall immediately, within twenty-four (24) hours at the latest, pass the
decision obliging the nominator to remove the deficiency he has been pointed to
in the decision within forty-eight (48) hours of the receipt of the decision.
If the
nominator fails to act in accordance with the provision referred to in
When the
municipal election commission establishes that a candidacy has been filed in
time and has been made in accordance with the rules, or that the deficiencies
have been removed within the prescribed period of time, it shall confirm such
nomination by its resolution not later than twenty-four (24) hours of the date
of its receipt, or of the removal of deficiency.
The resolution
on confirming the nominations shall be immediately submitted to the nominator
by the municipal election commission.
Within five (5)
days of the expiry of term for filing nominations of candidates at the latest,
the municipal election commission shall compose for each constituency the lists
of candidates that shall include all the candidates who have been nominated in
accordance with the provisions of this act.
The names of
candidates in the lists for each constituency shall be given in alphabetical
order.
The list of
candidates for a constituency must contain the name of the nominator together
with the candidate's name.
The municipal
election commission shall publicise the lists of candidates on the day
following their determination at the latest.
Each nominator
of a candidate is entitled to the insight into all the nominations and
documentation filed with them within forty-eight (48) hours of the day the
candidates' list was publicised.
Each candidate
may give up his/her candidacy not later than fifteen (15) days prior to the election day. Giving up a candidacy shall be stated in
writing to the municipal election commission.
In the event of
a candidate giving up his/her candidacy, his/her death or his/her loss of
suffrage, the nominator may file a new candidacy not later than ten (10) days
prior to the election day.
The nominator
of a candidate may withdraw the candidacy not later than fifteen (15) days
prior to the election day.
Citizens have
the right to be informed of all the candidates.
IV Administration of
election
The municipal
election commission to prepare in time for each and every polling board the material
for voting, especially the number of ballot papers required, the extract from
the register of electors, certificates of suffrage, special official envelopes
for voting as well as the form for keeping records on the work of the polling
board.
Delivery of the
electoral material stated herein shall be performed not later than twenty-four
(24) hours prior to the election day.
Voting for the
election of councillors is performed in polling stations.
Voting is carried
out on ballot papers that are prepared and certified by the municipal election
commission.
A ballot paper
shall contain the following:
A voter may
cast his/her vote for any candidate in the ballot paper.
A voter shall
cast his/her vote for one candidate only.
One votes by
circling the ordinal number before the name of the candidate he/she is voting
for.
V Establishing and announcing
election results
The results of
the election in the constituency shall be determined by the municipal election
commission on the basis of the results in all respective polling stations
within a constituency and makes a record on these data on a special form.
The polling
board is obliged to forward to the municipal election commission the records
and electoral material from the polling station within eighteen (18) hours of
closing the polling station at the latest.
Upon the
receipt of the election material from polling stations, the municipal election
commission shall establish the following within forty-eight (48) hours: the
total number of electors entered in the register of electors, the number of
electors who have voted in respective polling stations; the number of electors
who have voted by post; the total number of ballot papers received in polling
stations; the total number of unmarked 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.
If two or more
candidates within a constituency have won an equal and, at the same time, the
maximum number of votes, the voting in that constituency shall be repeated
within fifteen (15) days of the day results were established.
In the repeated
election electors shall vote only for those candidates who have won an equal
and maximum number of votes.
In the repeated
election the candidate winning the largest number of votes shall be deemed
elected.
If several
candidates in the repeated election win an equal and maximum number of votes,
voting shall be repeated within eight (8) days of the date the results were
established until one of the candidates wins the largest number of votes.
On the basis of
the established results of the election of councillors in constituencies, the
municipal election commission shall determined the
overall results for councillors to municipal assemblies.
Immediately
after overall results of the election of councillors have been established, the
municipal election commission shall publicise the data on the following:
From the moment
voting ends until the moment results of the election are announced, the
municipal election commission shall publicise through the media the preliminary
data on the election results.
The municipal
election commission shall issue councillors certificates they have been
appointed councillors within twenty-four (24) hours following the establishment
of the final results of the election.
The results of
the election shall be deemed final when it is established in each of the
constituencies where local election was held which candidate for a councillor
has won the largest number of votes and after the procedure regarding the
protection of suffrage has been followed in accordance with this act.
If the
municipal election commission fails to issue the certificate within the
prescribed term, it shall be issued by the republican election commission
within the next forty-eight (48) hours. The municipal election commission is
obliged to immediately place at the disposal of the republican election
commission all the electoral material needed by them to issue certificates.
VI Repeated and
additional election and
termination of
councillor's term of office
The repeated
election shall be held if the municipal election commission or the competent
municipal court annul the election due to
irregularities in the election administration.
If the election
at an individual polling station is annulled, voting shall be repeated at that
polling station only.
The municipal
election shall pass the resolution on the repeated election.
The results of
the repeated election shall be determined after repeated election is finished.
The repeated
election shall be held not later than within fifteen (15) days of the day the
election in a constituency was annulled, or within seven (7) days of the day
the election at a polling station was annulled in the manner and following the
procedure prescribed for administration of election.
The repeated
election shall be called for by the municipal election commission.
The repeated
election shall be administered using the same list of candidates that was used
for the election that was annulled except in cases when the election was
annulled due to irregularities in the candidates
nomination procedure.
Complementary
election shall be held when the election in a constituency have not been held
or when a councillor's term of office has expired before the term he had been
appointed to, except in the case of the decision to call for the early
election.
When
complementary election become necessary, the president of the municipal assembly
shall inform of that the speaker of the republican parliament within thirty
(30) days at the latest of the reason for such a need becoming evident and the
speaker shall pass the decision on calling for the election within six (6)
months of the date of receipt of the information at the latest.
Complementary
election shall be administered in accordance with the provisions of this act
applying to regular election.
Complementary
election shall not be called for when less than six (6) months remains until
the expiry of the term of office.
The term of
office of a councillor elected in the complementary election shall last until
the expiry of the term of office to which municipal assembly councillors have
been elected.
A coucillor's
mandate shall terminate before the period he has been elected for has expired
in the case that:
After a
councillor files his resignation, the municipal assembly shall determined at
its next meeting that on the day of his filing resignation the councillor's
term of office has ended.
In cases
referred to in
If a
councillor's term of office is terminated due to the cases referred to in
The term of
office of the newly elected councillor shall last until the expiry of the term
of office of the councillor whose mandate has terminated.
VII Protection of
suffrage
Each elector,
candidate for a councillor and nominator of a candidate are entitled to the
protection of suffrage following the procedure specified by this act.
Every elector,
candidate for a councillor and nominator of a candidate have
the right to lodge a complaint to the municipal election commission for reasons
of irregularities in the nominations and election administration procedures.
The complaint
shall be lodged within twenty-four (24) hours of the hour the decision was
made, and the act performed or the failure to act occurred.
The municipal
election commission shall pass the decision within forty-eight (48) hours of
the receipt of complaint and forward it to the party submitting the complaint.
If the municipal
election commission finds the complaint is justified, it shall annul the candidates nomination procedure, appointment of councillor
or shall annul the election of councillor.
Against the
decision of the municipal election commission a complaint may be lodged to the
competent municipal court within twenty-four (24) hours of the receipt of the
decision.
The complaint
shall be dealt with at the council meeting.
The municipal
election commission is obliged to immediately submit to the court, within
twelve (12) hours at the latest, all the data and documents necessary for the
decision.
All the
procedures with regard to the protection of suffrage shall be regulated in
accordance with the provision of the act regulating the administrative procedures.
The decision on
the complaint shall be rendered within the maximum of forty-eight (48) hours of
the receipt of the complaint and the documentation.
The decision
rendered shall be effective and no request can be filed to have it reviewed, or
a request for a repeated procedure that are provided for by the Administrative
Procedure Act.
If the court
finds the complaint justified, it shall annul the candidate nomination
procedure, or the election of councillors in the procedure of election of
councillors.
If an election
procedure or an election is annulled after the complaint, the municipal
election commission is obliged to repeat the election procedure in question or
the election within the term prescribed by this act for the repeated election.
The term starts as from the day the decision to annul the procedure and the
election was rendered.
The municipal
assembly shall be constituted within twenty (20) days of the day councillors
were elected.
A councillor' s term of office starts on the day his mandate
is confirmed.
Councillors'
mandates are confirmed on the basis of the certificates of election for a
councillor and the report of the municipal election commission on the
administration of the election.
At the
constituting session of the municipal assembly a three member commission shall
be founded to establish the coordination between the certificate of election
for a councillor and the report of the municipal election commission.
On the basis of
the report of the commission referred to in
If the election
has not been held at a municipality or if after the election for the
councillors of municipal assemblies its bodies are not constituted within sixty
(60) days of the election date, the Government shall found the municipal
council that shall perform the activities of the municipal assembly and the
executive body until new election is held and municipal bodies constituted,
informing the speaker of the republican parliament of this.
In the event
referred to in
When the
election has not been held in each constituency, but the minimum number of
councillor has been elected that is required to pass documents within the
municipal assembly in accordance with the procedures set out by the statute and
other legal documents of the municipality, the assembly shall be constituted
and the complementary election called for the unfulfilled seats of councillors
in accordance with the provisions of this act.
VIII Election
administration expenses
Funds for the
administration of the election and financing election activities for the
election of councillors to the municipal assemblies shall be provided by the
municipal budget.
The funds for
the financing of electoral activities shall be distributed to nominators of
candidates in the manner prescribed by the municipal assembly act.
No tax is
collected on legal documents and procedures in the election procedure.
IX Implementation of regulations
on the election of
representatives in the
republican parliament
Provisions of
the Election of Representatives Act ("Official Gazette of the Republic of
Serbia", No. 79/92, 83/92, 53/93, 67/93, 90/93, 107/93, 48/94 and 32/97)
on the registers of electors, electoral material, appointment of election
commission and polling boards, polling stations, informing citizens on
nominated candidates, limitations on electoral promotion and announcement of
preliminary results or estimates of the results of the election, voting,
establishing and announcing the results of election, exemption from payment of
taxes and contributions for assets that are collected as compensation for the
work in the election administration bodies, tax exemption for action, petitions
and other documents with regard to the election administration and termination
of term of office of representatives and penal provisions are implemented
accordingly to the election of councillors to municipal assemblies unless
otherwise specified by this act.
X Election of
councillors to the municipal assembly councils
Members of the
national community as well as citizens with non-specified nationality
permanently residing on the territory of the municipality shall have the right to
elect and be elected councillors to municipal assembly councils.
Specification
or the lack of specification of a citizen's nationality shall be entered into
the register of electors.
In the
municipality, or the town/city where, in accordance with this act, the
municipal assembly consists of councils, the municipal election commission in
its permanent composition shall be appointed by selecting equal number of
nationality community members and citizens with unspecified nationality that
form the municipal assembly councils in accordance with the statute of the
municipality.
Deputies of
chairmen and members of municipal election commission shall be appointed
following the procedure referred to in
Appointment of
persons referred to in
The candidate
nomination for the municipal assembly council containing all the prescribed
documentation that is submitted to the municipal election commission must also
contain a clear indication of which council the candidate is nominated for.
The municipal
election commission shall establish, within five (5) days of the expiry of term
for filing candidacies, a special list of candidates for each council and for
every constituency with all the confirmed candidate nominations in the
constituency for the council for which the election is administered, specifying
the names of all candidates and data on their date of birth, profession,
permanent residence and title of nominator.
When casting a
vote, an elector is given the ballot paper in accordance with the indication of
his/her nationality or absence of specification of nationality, entered in the
register of electors.
Ballot papers
are printed in different colours for different councils.
Beside the data
prescribed by this act, a ballot paper must also contain the indication of
council before the name and ordinal number of the first candidate.
The municipal
election commission shall establish the results of the election in accordance
with the provisions of this act for each individual council.
All the issues that are not regulated by this act shall be subject to the
provisions regulating the election of councillors in the municipal assemblies.