Home > 1.1.3.1 Restrictions to the right to be candidate > BOSNIA & HERZEGOVINA - Election Law
 
 
 
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Article 1.8
 

(1) Judges of regular and Constitutional courts, prosecutors and their deputies, attorneys and their deputies holding public office, Ombudsmen and their deputies, members of the Human Rights Courts/Chambers/Councils, notaries members of police forces, civil servants, general auditors and duty general auditors in the institutions in Bosnia and Herzegovina and governor and vice governors of the BiH Central Bank, members of the Armed Forces of BiH, members of the Intelligence and Security Agency, and diplomatic and consular representatives of BiH abroad who have a diplomatic status in accordance with the 1961 Vienna Convention on Diplomatic Relations, may stand as a candidate for public elected office only if they resign from their position or abide by the laws regulating their status. If the BiH Central Election Commission determines that a person referred to in this paragraph had failed to resign from a position or to act in line with the law regulating his/her status in the period from certification of the candidacy to printing of the ballots, name of this person shall be removed from the certified candidates’ lists, and if it is determined after the ballots were printed, no mandate will be awarded to this person if he/she wins one.


(2) If a delegate in the House of Peoples of the Parliamentary Assembly of BiH holds, at the same time, a mandate of a member of the House of Representatives of Parliamentary Assembly of BiH, Parliament of the Federation of BiH, National Assembly of Republika Srpska or cantonal assembly he/she shall be bound to inform in writing, within 3 days, the Central Election Commission of BiH which of the mandates he/she selected thus terminating other mandates that he/she holds.


(3) If a delegate in the House of Peoples of the Parliamentary Assembly of BiH acquires the right to a mandate in the House of Representatives of Parliamentary Assembly of BiH, House of Representatives of the Parliament of the Federation of BiH, National Assembly of Republika Srpska or cantonal assembly pursuant to Article 9.10 of this Law and if he/she does not inform, within 3 days, the Central Election Commission of BiH on waiving of that right, the mandate shall not be allocated to him/her and it shall be distributed to the next qualified candidate on the list of the constituency according to Article 9.8, paragraph (2) ofthis Law. If after a question of the Central Election Commission of BiH the delegate decides to use that right his/her mandate of a delegate in the House of Peoples of the Parliamentary Assembly shall cease.


(4) One person can hold maximum one (1) directly elected public office, or maximum one (1) directly elected office and one (1) indirectly elected office, unless otherwise specified by the Law. It is also incompatible to hold at the same time one directly or indirectly elected office and one position in an executive body of authority, except in the period until executive bodies of authority elected at the regular elections in the same electoral cycle are constituted. It is also incompatible to hold more than one position in an executive body of authority.


(5) A person may not hold public elected office in BiH and at the same time hold any public elected or politically appointed office in another country. A person holding any elected or politically appointed office in another country shall be obliged to relinquish, within 48 hours after the verification of his or her mandate in BiH, one of the two offices he or she holds. A person who holds any public elected office in BiH and is elected to or appointed to a politically appointed office in another country, shall be obliged to relinquish his or her mandate in BiH, within 48 hours after the election or appointment in another country.


(6) For the purpose of this article, an executive office notably includes the Presidency of BiH, the Council of Ministers of BiH, the President and Vice Presidents of the Federation of BiH, the President and Vice Presidents of the Republika Srpska, the government of the Federation of BiH including the Prime Minister, the government of the Republika Srpska including the Prime Minister, the government of the District of Brčko, the Cantonal government, the Mayor of a city, the Deputy Mayor of a city, the city government, the Mayor of a municipality, the Deputy Mayor of a municipality, executives appointed by the Mayor, and other executive functions as defined by law.