Home > 2.2 Polling station > BiH – Election Law last (amended 2024)
 
 
 
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Article 2
 

(1) The Central Election Commission of Bosnia and Herzegovina shall consist of seven members: two Croats, two Bosniacs, two Serbs, and one member from among the group of Others. The gender representation shall be ensured within the Central Election Commission of Bosnia and Herzegovina in accordance with the Law on Gender Equality in Bosnia and Herzegovina “(Official Gazette of BiH, Nos. 16/03, 102/09, and 32/10). 


(2) The nominees for the Central Election Commission of Bosnia and Herzegovina shallbe jointly nominated by the members of the Commission for Selection and Nomination which shall be established as a permanent Commission of the House of Representatives in line with the Rules of Procedure of the House of Representatives.


(3) The Commission for Selection and Nomination shall have seven members out of whom two shall be appointed by the President of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina from amongst the members of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, three members shall be appointedby the Joint Administrative Committee of the BiH Parliamentary Assembly from amongst members of that Joint Committee from the House of Representatives of the BiH Parliamentary Assembly and two members shall be appointed by the President of the Central Election Commission of Bosnia and Herzegovina from amongst membersof the Central Election Commission of Bosnia and Herzegovina.


(4) The constituent peoples, two Bosniaks, two Serbs, and two Croats and one from amongst the group of Others must be represented in the Commission for Selection and Nomination.


(5) The Central Election Commission of Bosnia and Herzegovina shall notify the Collegium of the House of Representatives of the BiH Parliamentary Assembly no later than 180 days prior to the expiry of the mandate for a member of the Central Election Commission of Bosnia and Herzegovina. No later than 150 days prior to the expiry of mandates for the members of the Central Election Commission of Bosnia and Herzegovina, the Commission for Selection and Nomination shall advertise an open competition for the post(s). The funds required for the conduct of the open competition shall be provided from the budget of the Central Election Commission of Bosnia and Herzegovina.


(6) Candidates for the members of the Central Election Commission of Bosnia and Herzegovina must meet the following general and special requirements:


1) to be a citizen of Bosnia and Herzegovina,


2) to have a registered place of permanent residence in BiH,


3) to have a University degree,


4) to be medically fit for duties envisaged under the post,


5) not to have been dismissed from civil service as a result of a disciplinary measure at any level of authority in Bosnia and Herzegovina within three years prior to the date of publishing the vacancy for the said post,


6) not to have an indictment confirmed against him/her,


7) not to have been convicted for a criminal offence,


8) not to have been subject to provisions of Articles 6, 1.7 and 1.7a of this Law,


9) to be an expert with at least five years of relevant experience in the fields directly related to the conduct of elections,


10) not to be performing a duty in the bodies of a political party, an association or a foundation related to a political party in organisational or financial terms, nor to have been performing such a duty for the past ten years prior to applying to stand as a candidate this post, and not to have been involved in any political party activities,


11) not to be holding an elected mandate or being a member of an executive body of authority except as provided for in Article 2.12 Paragraph (4) of this Law,


12) not to be standing as a candidate or not to have been a candidate at any level of authority in the last general and the last local elections, and


13) not to have been sanctioned for a serious violation of the electoral laws or regulations pursuant to Article2.3, paragraph(2) of this Law where the person was found to be personally responsible for the violation, in the previous four (4) years, starting from the day the decision became final.


(7) No later than 90 days prior to the expiry of the mandate of a member of the Central Election Commission of Bosnia and Herzegovina, the Commission for Selection and Nomination shall establish a ranked list of candidates for the Central Election Commission of Bosnia and Herzegovina by two-thirds(2/3) majority vote, based on the requirements and the criteria stipulated in paragraph (6) of this article, and shall submit a short list of at least three(3) candidates to the House of Representatives of the Parliamentary Assembly of BiH.


(8) The Commission for Selection and Nomination shall adopt the Rules of Procedure in order to regulate the process of advertising the open competition, holding meetings and taking a decision on the ranking list of candidates.


(9) In line with their procedures, the House of Representatives of the Parliamentary Assembly of BiH shall electthe members of the Central Election Commission of Bosnia and Herzegovina from the list of candidates.


(10) In the event that the list of candidates for a member of the Central Election Commission of Bosnia and Herzegovina is not submitted to the House of Representatives of the BiH Parliamentary Assembly within 60 days prior to the expiry of the mandate of the members of the Central Election Commission of Bosnia and Herzegovina, then the House of Representatives of the BiH Parliamentary Assembly shall nominate and elect the members of the Central Election Commission of Bosnia and Herzegovina from the list of candidates who have applied for the opencompetition, based on the criteria listed in paragraph (6) of this Article, no later than 15 days prior to the expiry of the mandate of the members of the Central Election Commission of Bosnia and Herzegovina. In the event that the Commission forSelection and Nomination fails to announce a call for the open competition as provided in Paragraph (5) of this Article, the decision to announce the call for the open competition shall be taken by the House of Representatives of the BiH Parliamentary Assembly.


(11) The current members of the Central Election Commission of Bosnia andHerzegovina shall continue to exercise their duties until such time as the new members of the Central Election Commission of Bosnia and Herzegovina have been appointed.