LAW FOR THE ELECTION AND RECALL
OF MEMBERS OF THE ASSEMBLY AND COUNCILORS
1
I. BASIC PROVISIONS
Article 1
This Law shall regulate the election and recall of members of the Assembly of the Socialist Republic of Macedonia and of councilors in the city assembly and municipal community (further referred to as: councilors in the Assembly).
The provisions of this law pertaining to the election and recall of members of the Assembly of the Socialist Republic of Macedonia, shall be applied to the election and recall of councilors in the city assembly and municipal community accordingly.
Article 2
Members of the Assembly of the Socialist Republic of Macedonia and councilors in the municipal assemblies are elected by civilians through secret ballot.
Civilians over 18 years of age are entitled to vote and be elected as members of the Assembly.
Article 3
The freedom and secrecy of the vote are guaranteed.
Nobody is permitted to hold civilians responsible for voting, for not voting, nor to summon them to disclose their vote.
Article 4
The role of the members of the Assembly and councilors is incompatible with the role of the officials of the state, the municipalities or the municipal communities determined by Law.
Article 5
Representatives in the Assembly may be recalled solely by the constituency who elected them.
II. ANNOUNCING AND CONDUCTING ELECTIONS
Article 6
The President of the Assembly announces the elections for members of the Assembly every four years.
The act announcing the elections is published in the appropriate official gazette.
The date of conducting the elections is determined in the decision announcing the elections. The period between the date of announcement of the elections until the date of conducting the elections can not exceed two months nor be less than one month.
Elections must be conducted 15 days latest, prior to the expiration period of the Assembly mandate, which becomes valid from the verification date of the election of members of the Assembly.
III. BODIES FOR CONDUCTING AND VALIDATING ELECTIONS
Article 7
The commissions that conduct the elections and recall members of the Assembly consist of: electoral commissions and electoral boards (further referred to as: electoral bodies).
only those individuals who are entitled to vote may act as members of the electoral bodies and as their substitutes.
Members of the electoral bodies and their substitutes can not run as candidates for members of the Assembly. Should members of the electoral bodies or their substitutes accept the candidacy for member of the Assembly, their role as member or substitute member in the electoral body shall terminate.
Article 8
Representatives of the candidates, who follow the work of the electoral bodies, may also participate in their work.
Representatives of the candidates may warn the president of the electoral board of any working irregularities. Should the president
fail to accept the warning, he is obliged to make a
note of it in the report.
Article 9
Electoral commissions consist of:
1) Municipal electoral commissions;
2) Electoral commissions of the
constituencies for election of members of the Assembly of the Socialist
Republic of Macedonia (further referred to as: electoral commissions of the
constituencies); and
3) State electoral commissions.
Article 10
The permanent membership of the municipal electoral
commissions and the electoral commissions of the constituencies consists of: a
president, secretary and three members with a four year mandate.
The permanent membership of the state electoral
commission consists of: a president, secretary and five members with a four
year mandate.
The president, secretary and members of the
electoral commissions all have substitutes.
The electoral commissions also contain supplementary
ad-hoc members consisting of one representative and a substitute of all types
of political organizations and civilian associations, which have nominated
candidates for representatives, and of independent candidates.
The president of the electoral commission summons
the commission eight days following the completion of the candidacy
procedure. During this session, the
representatives of the various forms of political organizations and civilian
associations, which have nominated candidates for representatives, as well as
the independent candidate, in accordance with their right stipulated under
paragraph 4 of this article, shall propose a representative and substitute, who
will be part of the ad-hoc membership of the electoral commission.
The permanent membership of the electoral
commission, appoints the ad-hoc members of the electoral commission
individually (with full name and surname) , after the right under paragraph 4
of this article has been validated.
Article 11
The municipal electoral commission is appointed by
the municipal assembly.
The state electoral commission and the electoral
commissions of the constituencies, are appointed by the Assembly of the Socialist
Republic of Macedonia.
The Assembly of the Socialist Republic of Macedonia
may authorize the municipal electoral commission, in municipalities with no
more than two constituencies, to perform the function of the electoral
commission of the constituency.
Article 12
As a rule, presidents of the municipal electoral
commission and presidents of the electoral commission of the constituency and
their substitutes are chosen among law graduates, i.e., judges.
The president of the state electoral commission and
his substitute are chosen amongst the Judges of the Supreme Court of Macedonia.
The membership and the changes in the membership of
the electoral commissions are published in the appropriate official gazette.
Article 13
The municipal electoral
commission performs the following duties:
1) attends to the legitimacy of the
elections and the recalling of councilors in the municipal assembly;
2) determines whether the candidates
nominated for councilors in the municipal assembly have been nominated and appointed
in compliance with the law;
3) composes and publishes a joint list of
candidates for each constituency;
4) determines the polling
stations;
5) appoints electoral
boards;
6) determines and publishes
the results of the election,
recalls councilors in the
municipal assembly and announces the election results;
7) provides and submits statistical data to the
state organization in charge of statistical matters;
8) completes technical preparations of the
elections; and
9) performs other duties determined by this
Law.
Article 14
The
electoral commission of the constituency performs the following duties:
1) attends to the legitimacy of the elections
and the recalling of members of the Assembly of the Socialist Republic of
Macedonia who are elected in the constituency;
2) determines whether the candidates, nominated
for members of the Assembly of the Socialist Republic of Macedonia, have been
nominated and appointed in compliance with the law;
3) composes and publishes a joint list of candidates;
4) determines the polling stations;
5) appoints electoral boards;
6) determines the results of the election and
recalls members of the constituency;
7) provides and submits statistical data to the
state organization in charge of statistical matters;
8) completes technical preparations of the
elections; and
9) performs other duties determined by this
Law.
Article 15
The state electoral commission with permanent membership performs the following duties:
1) attends to the completion of the electoral preparations, the recalling and appointment of the (full) ad-hoc membership of the state electoral commission;
2) gives instructions to the electoral commissions concerning
the conducting of elections and recalling;
3) issues the forms for election and recall;
4) determines common standards regarding the electoral material and other substantial requirements related to the electoral activities and tends to the implementation of those standards and requirements;
5) gives explanations concerning the enforcement of the provisions of this Law and the conducting of the elections;
6) assigns the method of handling and maintaining the electoral material; and
7) performs other duties determined by this Law.
The state electoral commission with ad-hoc membership performs the following duties:
1) attends to the legitimacy of the elections and the recalling;
2) supervises the work of the electoral commissions of the constituencies;
3) publishes the voting results in the "Official Gazette of the SRM" of the election and recall of members of the Assembly of the Socialist Republic of Macedonia;
4) submits a report to the Assembly of the Socialist Republic of Macedonia on the conducted elections for members of the Assembly of the Socialist Republic of Macedonia; and
5) performs other duties determined by this Law.
Article 16
The electoral board directly controls the elections
and the recalling, attends to the authenticity and secrecy of the ballot and
determines the results from the polls.
Electoral boards are appointed for each polling
station, three days latest prior to the scheduled date of the elections and the
vote for recall.
Electoral boards are comprised of a president and
two members and a substitute for each of them.
Electoral boards operate in full membership.
Article 17
Government agencies are obliged to furnish electoral
boards with technical and other working requirements, and at the request of the
electoral boards, to provide data that is essential to their work.
The state administration is obliged to give
assistance to the electoral boards, and at their request, to provide data that
is essential to their work.
IV. CONSTITUENCIES
Article 18
The constituencies that elect members of the
assemblies are comprised in a way that approximately the same number of voters
elect one member, and only one member can be elected per constituency.
Article 19
The constituencies that elect councilors in the
municipal assemblies are determined by the decision of the municipal assembly,
while the constituencies for the election of members of the Assembly of the
Socialist Republic of Macedonia are determined by law.
V. NOMINATING AND APPOINTING CANDIDATES
FOR MEMBERS OF THE ASSEMBLY
Article 20
The nomination and appointment of candidates for members of the assembly and their election and recall is conducted in the constituencies.
Candidates for members of the assembly are nominated and appointed by civilians, political organizations and other types of associations.
Registered political parties, which number at least one thousand five hundred (1.500) members, are entitled to nominate and appoint candidates for members of the Assembly of the Socialist Republic of Macedonia by submitting a list of candidates in each constituency for members of the Assembly of the Socialist Republic of Macedonia.
Registered political organizations, which number at least five hundred (500) members, are entitled to nominate and appoint candidates for councilors in the municipal assembly by submitting a list of candidates in each constituency for councilors in the municipal assembly.
Registered political organizations, which do not have the required number of members, as stipulated under paragraph 3 of this article, may nominate and appoint candidates for members of the Assembly of the Socialist Republic of Macedonia by collecting a minimum of one hundred (100) signatures and fifty (50) signatures for candidates for councilors in the municipal assembly.
If the number of voters in the constituency for the election of councilors in the municipal assembly is less than five hundred (500), those candidates who have been nominated by at least 5% of the voters in the mentioned constituency shall be taken into consideration.
The lists of candidates are comprised on the basis of the signatures collected by civilians, political organizations and other types of associations, as stipulated under paragraph 4 of this article.
The lists of candidates are signed by the authorized representative of the nominators.
Registered political organizations, stipulated under paragraph 3 of this article, shall verify their membership number by submitting copies of the enrolling statements of their members, the certificate issued by the agency in charge of registration together
with the list of the nominated and appointed
candidates to the authorized electoral commission.
Article 21
The list of candidates must: designate the assembly
to be elected, designate the constituency in which the election will take
place; the name and surname of each candidate, their address and the date on
which the list is established.
The title of the list is determined by the title of
the political organization or other association submitting the list.
The title of the list submitted by civilians is
determined in accordance with the list of independent candidates.
Article 22
The rules and procedures applied to the nomination
and appointment of candidates for members of the assembly are determined in the
statutes of the political organizations and associations. The rules and procedures applied to the
nomination and appointment of candidates for members of the assembly by
civilians, are determined by the state electoral commission.
Article 23
Political organizations, other types of associations
and civilians, stipulated under article 20, paragraph 4 of this Law, shall
collect signatures on the form prescribed by the state electoral commission on
which the following information is to be entered: the name and surname, address
and register number of the nominated candidate and of each signed nominator.
Article 24
A Civilian may be nominated and appointed as a
candidate for member of the assembly in only one constituency.
The signed nominators of candidates for members of
the assembly must possess the general voting right and be residents of the
constituency district for which they are nominating the candidate.
Civilians who have been registered to vote in a
constituency district, may give their support to only one candidate of that
constituency on the prescribed form.
Civilians are to submit their signatures for
nomination and appointment of candidates for members of the assembly on the
prescribed form to the administrative organ that maintains records of the
voting rights belonging to voters of the particular constituency.
Article 25
The lists of candidates, stipulated under article 20
of this Law, must be submitted to the electoral commission supervising the
constituency in which the member of the assembly is elected, 20 days latest
prior to the scheduled date of elections.
When presenting the lists of candidates, the
statements of the candidates accepting candidacy and the form stipulated under
article 23 of this Law, must also be enclosed.
Article 26
Upon receipt of the lists of candidates, the
electoral commissions determine whether they have been submitted within the set
period and composed in compliance with the provisions of this Law.
Should the authorized electoral commission detect
omissions or irregularities in the lists of candidates, the nominators shall be
summoned immediately to eliminate the irregularities latest within a period of
three days.
Should the authorized electoral commission discover
that the lists of candidates have not been submitted in due time or that the
nominators have not eliminated the detected irregularities within the period
stipulated under paragraph 2 of this article, the lists of candidates shall not
be validated.
Article 27
The authorized electoral commission shall compose a
joint list of candidates of the constituencies, five days latest after the
expiration of the term stipulated under paragraph 1 article 25 of this Law,
entering all candidates for members of the assembly,
which have been nominated and appointed in
compliance with the provisions of this Law.
Article 28
Candidates for members of the assembly are entered
on a joint list of candidates of the constituencies according to their
affiliation to political organizations and other types of associations.
The candidate, who has been appointed based on the
nominations provided by civilians, must have the words "independent
candidate" written next to his name and surname.
The sequence of the political organizations and
other types of associations and independent candidates is determined by drawinq
lots.
Article 29
Candidates may withdraw their candidacy 15 days
latest prior to the date of elections.
The candidacy withdrawal must be submitted in
writing to the authorized electoral commission.
Article 30
Should there be less candidates for members of the
assembly than the anticipated number for election in the constituency, due to
withdrawal of candidacies or for other reasons, the procedure of nominating and
appointing candidates will be repeated in that constituency.
In cases stipulated under paragraph 1 of this
article, the authorized electoral commission shall specify a supplementary term
for nominating and appointing candidates in compliance with the provisions of
this Law, providing that the term ends three days latest prior to the scheduled
date of elections.
Should the elections be prevented following the
repeated procedure stipulated under paragraph 1 of this article, by-elections
shall be announced within the constituency.
Article 31
The electoral commission shall publish the joint list of candidates five days latest prior to the scheduled date of elections.
The published joint lists of candidates are displayed in inhabited areas of the constituencies conducting the elections.
In addition to the presentation stipulated under paragraph 2 of this article, the joint lists of candidates for members of the assembly are also published in the appropriate official gazette.
PRESENTATION OF THE CANDIDATES
Article 32
All candidates for members of the assembly have equal rights regarding the presentation of their election programs to the public.
Candidates are presented by way of organized discussions with the public, which are held at special gatherings in the organizations or associations where the candidates take part in public debates covered by mass media and through other appropriate means.
Registered political parties and other types of associations may organize pre-election campaigns. Pre-election campaigns may also be organized by civilians who have nominated an independent candidate through the collection of signatures.
Presentations of candidates and pre-election campaigns are conducted in accordance with procedures defined by the statutes or general acts of the political parties or other types of associations.
During pre-election campaigns, political parties and other types of associations are obliged to observe the mutually defined rules of good behavior (codes) in order to maintain the dignity, reputation and integrity of the candidate. The rules of behavior must also be observed by civilians stipulated under paragraph 3 of this article.
Article 33
Presentations and pre-election campaigns can not be conducted 48
hours prior to the scheduled date of elections.
VII. HOLDING ELECTIONS
1. Polling stations and electoral material
Article 34
Members of the assembly are elected through votes which are cast in the polling stations.
Each polling station has an ordinal number.
Five days latest prior to the scheduled date of elections, the municipal electoral commission, i.e., the electoral commission of the constituency announces the designated polling stations for each district in which civilians shall cast their votes.
Article 35
Polling stations are determined according to the number of voters and the distance, so that all voters in the constituency are enabled to vote without difficulty on the scheduled date of elections.
Separate quarters are provided for each polling station.
The assigned voting quarters are furnished with booths, curtains or screens to allow voters privacy whilst casting their votes on the ballots.
Article 36
The municipal electoral commission, i.e., the electoral commission of the constituency is obliged to prepare and submit the following electoral material to the electoral board: the required number of ballot boxes, ballots, excerpts from the electoral lists pertaining to the relevant polling stations, the prescribed forms used by the electoral boards and other materials essential in the voting process.
Together with the excerpt from the electoral list pertaining to the polling station in which members of the assembly are elected, an officially validated list of voters from that polling station who are temporarily residing or working abroad or completing military
service
is also enclosed.
Together with the officially validated list,
stipulated under paragraph 2 of this article, electoral boards are given a
number of ballots proportionate to the number of voters of the particular
polling station in accordance with the excerpt from the electoral list.
With the exclusion of paragraph 3 of this article,
electoral boards are given a certain number of ballots which are marked on a
sealed envelope. These ballots are to
be used only by civilians who have not been registered in the excerpts of the
electoral list for that polling station and are to be indicated separately on
the report.
2. Voting Article 37 Votes are cast in
person and on ballots.
Article 38
The ballot must contain the
following information:
1) the assembly that is being elected;
2) the constituency in which the election is
held;
3) the total number of members that are being
elected in the constituency;
4) the names and surnames of the candidates;
and
5) the name of the political party or other
type of organization nominating the candidate or the words "independent
candidate" in compliance with article 28 paragraph 2 of this Law.
The names of the candidates are entered on the
ballot in the same order as on the joint list of candidates of the
constituency.
The ordinal number is listed before the name of each
candidate.
Article 39
The ballot for the recall contains the name and
surname of the member being removed by the vote.
The words "for recall" and "against
recall" are written in front of the name of the member.
Article 40
Votes are cast only for the candidates listed on the
ballot and for the number of representatives that are to be elected.
Ballots are filled out by circling the ordinal
number listed in front of the name of the candidate.
The ballots for recall are filled out by either
circling the words "for recall" or "against recall".
Article 41
Ballots are not considered valid when the ordinal
numbers in front of the names of several candidates are circled, when new names
are added and circled on the ballot, when the ballot is left blank and when the
ballot is filled out in a way that the chosen candidate can not be determined
with certainty.
Article 42
The hours determined for voting are from 7:00 a.m.
till 7:00 p.m. Polling stations close at 7: 00 p.m., although voters who happen
to be at the polling stations at this hour shall be permitted to vote.
Polling stations in which all voters registered on
the electoral list or on the excerpt of the electoral lists have cast their
votes, may close before the expiration of the term stipulated under paragraph 1
of this article.
Article 43
All members of the electoral board or their
substitutes must be present during the voting procedure.
The electoral board is responsible for maintaining
peace and order 16
in
the polling station.
The electoral board may remove individuals who cause
disorder at the polling station.
If necessary, the electoral board may request police
assistance.
The carrying of weapons or dangerous instruments to
the polling stations is forbidden with the exception of police officers, as
stipulated under paragraph 4 of this article.
Article 44
Electoral boards must control voters who are casting
their votes, to verify their entry on the electoral list. Voters who are not entered on the list shall
be denied the right to vote by the electoral boards, unless they present a
certificate issued by the municipal administrative organ or verify their voting
right with an identification card. Electoral
boards must register such instances in their report.
Article 45
Voters, who due to physical disability or illiteracy
are precluded to cast their vote as stipulated by this Law, are entitled to
bring an escort, who may assist them in the voting procedure by their
preference.
Such instances must be registered by electoral
boards in their report.
Article 46
Civilians who are outside their places of residence
on the date of elections, due to military service or military training, shall
cast their votes in the military unit or military institution.
Civilians who are temporarily employed or residing
abroad shall cast their votes in the polling stations of their former place of
residence on the territory of the Socialist Republic of Macedonia prior to
their departure or in the diplomatic and consular missions
of
the Socialist Federative Republic of Yugoslavia abroad.
Article 47
The municipal administrative organ in charge of
civil defense comprises a list of civilians attending military service or
military training and the municipal administrative organ in charge of internal
affairs comprises a list of civilians temporarily employed or residing
abroad. These lists are submitted to
the authorized electoral commissions.
The authorized electoral commission is obliged
without delay to submit to the military units, military institutions or to the
diplomatic and consular missions of the Socialist Federative Republic of
Yugoslavia abroad, as stipulated in paragraphs 1 and 2 article 46 of this Law,
the lists of civilians, the required number of blank ballots as well as the
necessary number of envelopes addressed to the authorized electoral commission.
Article 48
Civilians stipulated under article 46 paragraphs 1
and 2 of this Law, having cast their votes on the ballots are to place them in
sealed envelopes and submit them to the appropriate military unit or military
institution, i.e., through the diplomatic-consular mission or mail them to the
authorized electoral commission.
Following the completion of the voting procedure,
the bodies stipulated under paragraph 1 of this article are to submit all
envelopes with ballots to the authorized electoral commission without delay.
Civilians stipulated under article 46 paragraphs 1
and 2 of this Law, are to cast their votes promptly so that the ballots may
arrive at the authorized electoral commission latest when the election results
are determined.
Article 49
Any form of agitation
amongst the electorate is forbidden on the
date of elections and on the
date of recall.
The building in which the
votes are cast and the nearby
surroundings are considered
as the electorate.
3. Determining voting results in the polling stations
Article 50
Following the completion of the voting procedure, the electoral board is to immediately start determining the voting results,
Voting results are determined in such a way that the electoral board starts with the counting of the unfilled ballots, which are then placed and sealed in a separate envelope. Next, the total number of votes is determined based on the electoral list or the excerpt of the electoral list, followed by the opening of the ballot boxes and the counting of the votes.
When the counting of the votes is completed, the electoral board determines the number of votes each candidate has received and the number of void ballots.
Should the counting of the votes prove that less voters have cast their vote than the number of ballots in the ballot box, the electoral board shall be dismissed and the voting procedure will be repeated in that polling station.
Article 51
Electoral boards are to enter the following information in their report having determined the voting results: the number of voters in the polling station compared to the electoral list or the excerpt of the electoral list, the number of voters who have cast their vote, the number of votes each candidate received and the number of void ballots.
All circumstances and facts, which are of importance to the voting process, must be entered in the working report of the electoral board.
All members of the electoral board may give their remarks and opinions, which will be entered in the report.
The representatives of certain candidates may also give their
remarks and opinions, which will be entered in the report, if they
have attended the work of the electoral board.
The report is signed by all members of the electoral board.
Article 52
The electoral board submits the working report together with the remaining electoral material to the authorized electoral commission within 18 hours after the closing of the polling station.
4. Dete=ining results of the election
Article 53
Based on the voting results in all polling stations, the authorized electoral commission will determine the election results for representatives of the constituency.
When determining the election results, the authorized electoral commission shall also consider the ballots stipulated under article 48 paragraph 3 of this Law.
Article 54
The candidate who receives the majority of votes in the constituency shall be elected representative, under condition that the number of received votes is not less than one third of the total number of voters compared to the electoral list.
If none of the candidates receive the required number of votes, as stipulated under paragraph 1 of this article, or if less candidates are elected than the required number for representatives of the constituency, the voting procedure will be repeated in that constituency 14 days after the first round of elections.
Those candidates who have received a 7'@ minimum of the votes in the first election round may run in the second round.
The entire election procedure shall be repeated in the constituency if none of the candidates receive the required majority as stipulated under paragraph 3 of this article.
The candidate who receives the majority of the votes in the second round will be elected representative. If two or more candidates receive the same number of votes in the second round, the final decision will be made by drawing lots.
Article 55
Should the electoral
commission discover irregularities in the polling stations during the
elections, which may effect the election results, the votes in certain or in
all polling stations shall be canceled and new elections will be scheduled.
Article 56
Electoral commissions draft working reports in which
the following information is entered: the number of voters registered in the
electoral list, the number of voters who have cast their votes, the number of
void ballots, the name and surname of each candidate, the number of votes each
candidate received, the name and surname of the elected candidate, etc.
All members of the electoral commission may give
their remarks and opinions, which will be entered in the report.