Home > 1.1.3 Submission of candidatures > MONTENEGRO - Urgent Joint Opinion on the Draft Law on Elections of Members of Parliament and Councillors
 
 
 
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Paragraph 57
 

The draft law requires the nomination documentation to be verified by the CEC for national elections and respective MECs for local elections. The lists can be rejected in case of violations of the submission deadlines or if identified deficiencies are not addressed by the list submitters within a 48-hour deadline after the notification of the respective election commission (Article 66). The draft law assigns the CEC to regulate the signature collection process (Article 63) and does not determine procedures on the verification of support signatures. This approach is not in line with international standards, which recommend that significant elements of an electoral process should be regulated in the law. It also does not establish the liability of candidates and their proxies for the authenticity of the candidacy registration documentation. The draft law should establish detailed rules for signature collection and verification in order to provide clear and uniform procedures for all election commissions that can be evaluated objectively and observed by candidates and observers. Clear liability rules and sanctions for violations, including for forgery of registration documents and breaches of voters’ personal data integrity, need to be established in line with previous ODIHR and PACE recommendations. Overall, the signature collection and verification provisions proposed do not appear to be fully in line with international standards.