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Article 32
 

Rights, responsibilities and guarantees for activities of an observer, mass media representative, visitor


1. An observer, mass media representative, visitor shall have the right to:


(1) be present at the sessions of election commission and, during the voting, in the polling room as well;


(2) observe, as prescribed by the CEC, the processes of printing, transportation, keeping and counting of ballot papers and sticker;


(3) get familiar with election related documents under the disposal of the CEC, TEC, and independently make extracts, receive copies of the documents which are not posted on the website of the CEC;


(4) get familiar — in the presence of the chairperson, secretary of the PEC or one of the members of the commission as assigned by the chairperson of the commission — with election related documents under the disposal of the PEC (except for lists of voters having participated in the voting, during the voting), relevant court judgments, the relevant statement of information provided to the voter by the authorised body. Not intervening in the activities of the election commission and not hindering the voting process, independently make extracts and notes from election related documents (except for lists of voters having participated in the voting, voting slips). During the voting, it shall be prohibited to make extracts and notes from lists of voters having participated in the voting and from voting slips;


(5) freely move in the polling room for observing the ballot papers, ballot envelopes, lists of voters and the ballot box;


(6) publicly, including through the mass media, express an opinion, make a statement on organising and holding of elections;


(7) enjoy other rights provided for by this Code.


2. When exercising their rights, an observer, visitor shall be obliged to be unbiased, neutral, not to express a prejudiced position publicly nor display a preferential attitude towards any issue related to the authorities or opposition, candidates, political parties running in the elections. Observers may submit their personal observations to election commissions through the report of the observation mission. Observers shall base all their findings on their personal observations.


3. An observer, visitor, mass media representative shall not have the right to intervene in the activities of an election commission and in the process of voting, to conduct a campaign, to give instructions, make claims to members of the election commission.


4. An observer, mass media representative, visitor shall be obliged to register in the registration book of the election commission for being present at the sessions of the election commission, as well as during the voting, in the polling room.
An observer, mass media representative, visitor shall be obliged to — for being present at the election commission and, during the voting, also in the polling room — mandatorily carry, in a visible manner, the certificate of the established sample issued by the CEC.


5. No limitation of the rights of observer, mass media representative, visitor, prescribed by this Code, shall be allowed. No one (including election commissions) shall have the right to remove an observer, mass media representative, visitor from the polling station or otherwise exclude them from the activities of the commission, except for the cases provided for by parts 5 and 8 of Article 31 and part 7 of Article 65 of this Code.
In case an observer, mass media representative, visitor is asked to leave the polling station or the sessions of the election commission, a relevant entry shall be made in the registration book of the election commission together with an indication of the reasons.