DECREE
THE PROCLAMATION OF THE LAW ON CHANGES AND
ADDITIONS
TO THE LAW ON THE ELECTION OF FEDERAL DEPUTIES
TO THE CHAMBER OF CITIZENS IN THE FEDERAL ASSEMBLY
The Proclamation
of the Law on Changes and Additions to the Law on the Election of Federal
Deputies to the Chamber of Citizens in the Federal Assembly, is based on the
[Law's] adoption by the Federal Assembly, at the session of the Chamber of
Citizens on July 24, 2000, and the session of the Chamber of Republics on July
24, 2000.
Decree No. 250
July 24, 2000,
Belgrade
President of
the Federal Republic of Yugoslavia
Slobodan
Milosevic, [signature]
THE LAW
ON CHANGES AND ADDITIONS
TO THE LAW ON THE ELECTION OF FEDERAL DEPUTIES
TO THE CHAMBER OF CITIZENS IN THE FEDERAL
ASSEMBLY
The Law on the
Election of Federal Deputies to the Chamber of Citizens in the Federal Assembly
("Official Gazette of the FRY", No. 57/93), Article 7, is changed to
read as follows:
"Funds for
holding elections are provided in the federal budget.
Funds for
financing election activities are distributed to the submitters of election
lists in proportion to the number of received mandates, in accordance with
measures established by the Federal Election Commission."
In Article 21,
the number "60" is replaced by "45".
Article 22,
Paragraph 3, is changed to read as follows:
"The
mandate is confirmed within 15 days of the publication of final election
results."
Article 25 is
changed to read as follows:
"Election
implementing bodies work both in a permanent and an expanded composition.
Election
implementing bodies function on an expanded basis starting with the day of
establishing the composition until the announcement of final election results.
Election
implementing bodies make decisions based on a majority vote within permanent or
expanded compositions."
Article 30,
Paragraph 1, is changed to read as follows:
"The permanent
composition of the Federal Election Commission consists of the President, the
Secretary, and seven members appointed by the Federal Assembly. The expanded
composition includes up to eight representatives of election list submitters
who nominated candidates for deputies in the member republic as a separate
electoral unit, i.e., in at least two thirds of the electoral units in the
member republic whose election lists are supported by the highest number of
voter signatures, with the provision that the member republic has at least two
representatives. The representative of the federal organization responsible for
official statistics is appointed to the Federal Election Commission."
Paragraph 4 is
changed to read as follows:
"Members
of the Federal Election Commission and their deputies are appointed from ranks
of the judiciary and eminent legal experts."
Following
Article 30, a new Article 30a is added, which reads as follows:
"Article
30a
The Federal
Election Commission, in its permanent composition, is a unique body
implementing direct elections for federal deputies in both Federal Assembly
Chambers and for the Federal President."
Following
Article 32, a new Article 32a is added, which reads as follows:
"Article
32a
The Federal
Election Commission has general oversight of election activities of all bodies
implementing elections.
In fulfilling
general oversight responsibilities from Paragraph 1 of this Article and Article
19 of this Law, the Federal Election Commission may designate a body to perform
tasks not performed by a body established by this Law, or take direct
responsibility for the performance of those tasks."
Article 33,
Paragraph 1, is changed to read as follows:
"The
permanent composition of the election commission consists of the President, the
Secretary, and seven members appointed by the Federal Election Commission. The
expanded composition can include up to eight representatives of election list
submitters who nominated at least three fourths of the deputy candidates from
the total number of deputies being elected in that electoral unit, and whose
election lists are supported by the highest number of voter signatures in the
electoral unit."
Paragraph 2 is
changed to read as follows:
"The
President and members of the election commission and their deputies are
appointed from the ranks of the judiciary and eminent legal experts."
Article 3 is
deleted, and Articles 4, 5, and 6 become Articles 3, 4, and 5.
In Article 34,
Paragraph 1, subparagraph 4, the word "elects" is replaced by the
word "appoints".
In Article 35,
after Paragraph 6, a new Paragraph 7 is added which reads as follows:
If simultaneous
elections are held for the deputies in the Chamber of Republics in the Federal
Assembly, deputies in the Chamber of Citizens in the Federal Assembly, and the
Federal President, the function of election boards is assumed by the same
election boards appointed by the authorized bodies for conducting elections.
The election board is made up of one representative of election list submitters
for both the Chamber of Republics and the Chamber of Citizens in the Federal
Assembly, and the submitter of the nomination for the Federal Presidential
candidate, who satisfies at least one of the requirements for entering their
representatives into election boards, established by regulations for
implementing those elections."
In Article 36,
Paragraph 3, the word "two" is added after the word
"determines".
In Article 38,
following Paragraph 1, new Paragraphs 2 and 3 are added:
"The
nomination representing a political party or a citizen group from Paragraph 1
of this Article may be only submitted by a person authorized by that political
party or citizen group.
The nomination representing
a coalition of parties from Paragraph 1 of this Article may be only submitted
by an authorized person."
Article 39,
Paragraph 2, is changed to read as follows:
"One
election list may include at most the total number of candidates being chosen
from that electoral unit, and at least half that number."
After Paragraph
2, a new Paragraph 3 is added, which reads as follows:
"An
individual may not be simultaneously a candidate for a federal deputy in the
Chamber of Republics and a deputy in the Chamber of Citizens, or a candidate
for the Federal President, when those elections are held at the same
time."
In Article 46,
Paragraph 2, following subparagraph 4, new subparagraphs 5 and 6 are added:
"5) Candidate's certificate of Yugoslav citizenship.
6) Authorization of the person submitting the election list."
In Article 49,
following Paragraph 2, a new Paragraph 3 is added:
"Every
election list submitter has the right, within 48 hours of the day of the
announcement of the collective election list, to
inspect all submitted election lists as well as all their supporting
documentation."
In the final
Paragraph 3, which becomes Paragraph 4, the number "15" is replaced
by "20".
In Article 51,
Paragraph 2 is deleted.
In Article 55,
Paragraph 2 is deleted.
In Article 58,
following Paragraph 4, a new Paragraph 5 is added:
"The use
of pagers, cell phones and other communications equipment is forbidden at
polling places."
Paragraphs 5,
6, and 7 become Paragraphs 6, 7, and 8 and in the new Paragraph 7, the number
"5" is replaced by "6".
In Article 59,
Paragraph 2, the period is replaced by a comma and the following words are
added: "with the provision that the election board previously ascertains
the number and identities of those voters."
In Article 63,
following Paragraph 3, new Paragraphs 4 and 5 are added:
"Ballots
are printed at the same location on paper protected with a watermark.
The election
list submitter submits to the Federal Election Commission the name of the
person authorized to oversee the printing, counting, packing, and distribution
of ballots to bodies authorized to conduct the election."
Paragraph 4
becomes Paragraph 6.
In Article 70, Paragraph
1, the phrase "and submits the information on voting" is deleted.
In Article 75,
Paragraph 1, the words "its member" are replaced by the words
"its members".
In Paragraph 2,
the word "member" is replaced by the word "members".
In Paragraph 3,
lines two and six, the word "member" is replaced by
"members", and the words "he seals" by words "they
seal".
In Paragraph 4,
the word "member" is replaced by "members", and the words
"he submits" by the words "they submit".
Following Article
77, a new Article 77a is added:
"Article
77a:
Voters who on
election day, due to justifiable reasons, are unable to vote at the polling
place where they are registered, as well as voters who are unable to vote
before an election board at that location, may vote at a location and before an
election board determined in accordance with Article 32a of this Law."
In Article 83,
following Paragraph 3, new Paragraphs 4, 5, 6, 7, and 8 are added:
"Election
board records are entered onto the prescribed form, which is printed in 6
copies.
The first copy,
with confirmed election materials, is submitted to the election commission.
The second copy
of the records is displayed at the polling place for public viewing.
The remaining
four copies of the records are submitted immediately to representatives of
election list submitters who secured the highest number of votes at that
polling place, if election list submitters have a representative in the
election board; if they don't, the representative of the election list
submitter can receive a copy of the election commission records during the
subsequent 12 hours.
Other election
list submitters have the right, within 12 hours of submitting materials from
the polling place to the election commission, to receive a Xerox copy of the
polling place records from the election commission, approved by the election
commission."
In Article 90,
following Paragraph 2, new Paragraphs 3, 4, and 5 are added:
"The
election list submitter, at the latest ten days after the publication of final
election results, will submit to the Federal Election Commission the
information regarding which candidates from the election list have received the
deputy mandates, in accordance with this Law.
If the election
list submitter does not submit the information, the Federal Election Commission
will notify him in writing that he is obligated to do so in the next five days,
with a warning of the consequences of non-compliance.
If the election
list submitter does not submit the information during the additional time
allotted, the Federal Election Commission will make a special decision to
distribute all the acquired mandates from that election list to other
candidates based on their standing on the list. Objections or appeals to this
decision will not be allowed.
In Article 94,
Paragraph 3 is deleted.
Paragraph 4
becomes Paragraph 3.
In Article 98,
Paragraph 2, the passage: "who is next in order on the election list, but
for whom the list submitter did not receive a mandate", is replaced by
"who is determined by the election list submitter".
Paragraph 4 is
deleted.
Paragraph 5
becomes Paragraph 4.
In paragraph 6,
which becomes Paragraph 5, the entry "2, 3, and 4", is replaced by
the entry "2 and 3"?
Article 106 is
changed to read as follows:
"Funds for
the work of election implementing bodies, funds for the preparation of election
materials, and funds for covering other expenses in connection with
implementing elections, are provided from the federal budget."
In Article 108,
Paragraphs 2 and 4, the word "fund" in the appropriate [grammatical]
case is replaced with "federal budget" in the appropriate
[grammatical] case.
In Article 109,
"Federal Assembly" is replaced by "Federal Election
Commission".
This Law goes
into effect the day after its publication in the "Official Gazette of the
FRY".
385.
On the basis of
Article 96, subparagraph 2 of the Constitution of the Federal Republic of
Yugoslavia, I
DECREE
THE PROCLAMATION OF THE LAW ON THE ELECTION OF
FEDERAL DEPUTIES
TO THE CHAMBER OF REPUBLICS IN THE FEDERAL
ASSEMBLY
The
Proclamation of the Law on the Election of Federal Deputies to the Chamber of
Republics in the Federal Assembly is based on the [Law's] adoption by the
Federal Assembly, at the session of the Chamber of Citizens on July 24, 2000,
and the session of the Chamber of Republics on July 24, 2000.
Decree No. 251
July 24, 2000,
Belgrade
President of
the Federal Republic of Yugoslavia
Slobodan Milosevic, [signature]