Home > 2.4 Complaints and appeals > BiH_Election_Law_last amended 2024
 
 
 
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Article 6
 

(1) The Central Election Commission of BiH shall have first instance competence to decide complaints submitted for violation of the rules of election process, electoral rights, violations referred to in Chapter 16 committed by the political subject and violations referred to in in Article 7.2a, Article 7.3, paragraph (1), points 3 and 7, Article 7.3, paragraph (2) and Article 7.4, paragraph (1), points 3 of this Law.


(2) Decisions of election commissions may be appealed to the Central Election Commission of BiH, within 72 hours following the receipt of the first-instance decision.


(3) The Central Election Commission of BIH shall adjudicate the complaint and appeal and make a decision no later than within 48 hours from the expiration of the deadline referred to in Article 6.3, paragraph (2) of this Law. The Central Election Commission of BiH shall immediately notify the complainant and the other parties of its decision.


(4) Exceptionally, in highly complex cases, where the establishment of the facts and circumstances of relevance for the resolution of the matter related to the complaint would require to hear the parties and witnesses, gain access to and read a greatnumber of material evidence exhibits, the Central Election Commission of Bosnia and Herzegovina shall conduct the procedure within a period ranging from three to five days after the deadline referred to in Article 6.3 paragraph (2) of this Law.


(5) The complaint or appeal, which have been filed under Article 6.2 of this Law by an unauthorized person, or the complaint or appeal, which have been filed untimely, shall be rejected.


(6) When adjudicating an appeal or complaint, the Central Election Commission of BiH may proceed on the facts established or mayconduct hearings. The Central Election Commission of BiH may allow parties to present new evidence or base their decisions on the written record of the lower instance commissions.


(7) The Central Election Commission of Bosnia and Herzegovina shall disclose to the public in a timely manner the information regarding the filed complaints and appeals including the decisions taken and shall keep a separate register of filed complaints, appeals and the decisions taken.


(8) The methods for keeping the register shall be regulated in a bylaw adopted by the Central Election Commission of Bosnia and Herzegovina.