Home > 2.4 Complaints and appeals > MONTENEGRO - Urgent Joint Opinion on the Draft Law on Elections of Members of Parliament and Councillors
 
 
 
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Paragraph 78
 

The draft law provides that in case of certain types of violations on election day, the voting process at the polling station shall be repeated, the polling board may (Articles 92, 108) or shall (Articles 93, 94, 106, 116.11) be dissolved and a new one appointed. Similar provisions in the current law have been previously questioned by ODIHR and the Venice Commission as no margin of appreciation has been left to the election administration where a violation may not have affected the voting results, contrary to the principle of proportionality. Repeat polling should be governed by clear rules and only be required in case of gross violation of the law where the discrepancy may have affected partly or fully the outcome of the elections and consequently the allocation of mandates. Repeat polling in principle should not be held where a minor electoral irregularity or misdeed could not have affected the allocation of mandates.