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Article 13.14
 

(1) Members of national minorities are entitled to representation in the Municipal Council or Municipal Assembly and the City Council or City Assembly in proportion to the percentage of their share in the total population according to the last census in BiH.


(2) The number of the members of national minorities who are elected directly to the Municipal Council or Municipal Assembly and the City Council or City Assembly shall be defined by the Statute of the particular Municipality or City as appropriate, and in that connection the members of all national minorities which make up more than 3% in the total number of population of the particular constituency according to the last census, shall be guaranteed the minimum of one seat.


(3) In order to certify the participation in the elections for filling the mandates guaranteed to the members of national minorities in the Municipal Council or Municipal Assembly and City Council or City Assembly, the political parties and independent candidates shall submit the application for participation in the elections for the Municipal Council or Municipal Assembly and the City Council or City Assembly, in accordance with the provisions of this Law.


(4) The following parties shall also be eligible to apply to participate in the elections in order to fill the guaranteed mandates for the members of national minorities:


a) A registered association or other registered organized form of activity of the national minorities; and
b) A group consisting of at least 40 citizens who have the right to vote at minimum, who submit the names of candidates along with the application to participate in the elections.


(5) The candidates nominated by the association or other registered organized form of activity of national minorities or by a group of minimum 40 citizens, who have the right to vote, shall have the status of independent candidate.


(6) Political parties, political party coalitions, national minority associations as well as other registered organized form of activities of the national minorities and the group with minimum 40 citizens who have the right to vote may nominate at most as many candidates as there are representatives of the national minorities being elected in this constituency.


(7) Once each candidate’s nomination has been certified, the Central Election Commission of BiH shall establish a final special list of candidates, members of national minorities, for the Municipal Council or Municipal Assembly and the City Council or City Assembly as appropriate.


(8) Only the candidate whose name is on the special list of candidates representing national minorities nominated as provided by this Article may be elected as representative of a national minority.


(9) The special list of candidates members of national minorities referred to in paragraph (7) of this Article shall appear on the ballot following the list of other political entities whose candidate lists are standing for the regular mandates for the Municipal Council or Municipal Assembly and the City Council or City Assembly.


(10) The order of the candidates on the special list referred to in paragraph (9) of this Article shall be established by drawing lots in the way and in the procedure established by the Central Election Commission of BiH.


(11) A voter shall only have one vote. In case a voter decides to vote for the special list of the candidates who are members of national minorities, the voter shall vote by marking the name of only one candidate on the special list of candidates who are members of national minorities.


(12) The candidate with the highest number of votes on the special list of candidates- members of national minorities shall be elected as representative of a national minority. In the Municipal Council or Municipal Assembly and the City Council or City Assembly, where more than one mandate is to be allocated, the mandates shall be allocated to those candidates with the next highest number of votes according to the number of valid votes won.


(13) Provisions of Article 9.5, paragraph (3) of this Law shall apply when allocating the mandates for the lists of members of national minorities for the Municipal Council or Municipal Assembly and the City Council or City Assembly as appropriate.


(14) When allocating the mandates, the first allocation of mandates shall be the allocation of mandates guaranteed to the representatives of national minorities, and then the regular mandates referred to in Article 9.5 of this Law.


(15) In the event that two candidates on the special list of candidates -members of national minorities win equal number of valid votes, the mandate shall be allocated by drawing lots to be organized by the Central Election Commission of BiH.


(16) In the event that the mandate has not been allocated to a member of a national minority, the mandate shall remain vacant.


(17) In the event that the mandate for an elected holder of mandate referred to in paragraph 12 of this Article has terminated as provided by Article 1.10 of this Law, the substitute mandate shall be allocated to the candidate with next highest number of valid votes received on the special list of candidates- members of national minorities. If the list is exhausted, the mandate shall remain vacant.


(18) General provisions of this Law shall apply in respect of every matter that remains unregulated under this Chapter.