Law on Election of Members of Parliament of the
I. BASIC
PROVISIONS
This Law
regulates the manner, conditions and procedure for the election of Members of
Parliament (1) of the
(I) In the
Parliament of the Republic of Macedonia 120 Members of Parliament shall be
elected according to the proportional model, whereby the territory of the
(2) The number
of voters in the election districts may deviate at most from minus 3% up to
plus 3% in regard to the average number of voters in the election district.
(I) Members of
Parliament are elected in general, direct and free elections, by secret ballot.
(2) Nobody is
allowed to call the voter to account for his voting, or ask him to say for whom
he has voted or why he has not voted.
Every citizen
of the
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1 Translators'
note: The Macedonian language term for "Member of Parliament" is
roughly equivalent to the English term "deputy". However, in order to
avoid confusion with the use of the term "deputy" as a replacement,
e.g., "deputy to a member of the State Election Commission," we
decided to use the term "Member of Parliament."
2 Translators'
note: The term "working capacity" is defined in the Law on
Non-contentious Procedure, Article 34.
--------------------------------
Each citizen of
the
has turned 18
years of age; has working capacity;
is not serving
a sentence of imprisonment for a committed criminal offence.
(1) The office
of a Member of Parliament is incompatible with the office of President of the
Republic of Macedonia, President of the Government of the Republic of Macedonia
(3), minister, judge of the Constitutional Court of the Republic of Macedonia,
judge, public prosecutor, ombudsman and with other holders of offices elected
or appointed by the Parliament and the Government of the Republic of Macedonia.
(2) A Member of
Parliament's office is incompatible with the office of a mayor and member of a
council in a municipality and the City of
(3) A Member of
Parliament's office is incompatible with the performance of expert and
administrative matters in the bodies of the state administration.
(4) A Member of
Parliament's office is incompatible with the performance of economic or other
profit making activities.
(5) A Member of
the Parliament's office is incompatible with membership in executive bodies of
public enterprises, public institutions, funds, agencies, and bureaus and other
legal entities, as well as election as representative of the state and social
property of trading companies.
(6) The office
of the holders of offices under paragraphs (1) and (2) of this Article shall
terminate on the day of verification of the mandate as Member of Parliament.
(7) The
employment of the persons, referred to in paragraph (3) of this Article shall
be suspended on the day of verification of the mandate as Member of the
Parliament.
(8) The
economic or other profit-making activity of the persons referred to in
paragraphs 4 and 5 shall be suspended on the day of verification of the mandate
for Member of the Parliament.
(1) The
employment of the members of the armed forces of the
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(3)
Translators' note: This position is most often referred to as Prime Minister.
-------------------------------------------
(2) The
employment of the persons referred to in paragraph 1 of this Article shall
cease temporarily on the day of verification of their mandate as Members of
Parliament.
(1) The Members
of Parliament may not be recalled (4).
(2) The office
of a Member of Parliament shall be performed professionally.
(1) Elections
for Members of Parliament are held every fourth year, in the last 90 days of
the mandate of the old Parliament composition or within 60 days of the day of
dissolving the Parliament of the Republic of Macedonia (hereinafter:
Parliament).
(2) Early
elections for Members of Parliament shall be conducted in accordance with the
provisions of this Law.
(3) The mandate
of the Members of Parliament shall last from the day of its certification until
the day of certification of the mandate of the newly elected Members of
Parliament.
(4) The
Election Announcement Act shall be passed by the President of the Parliament
and it shall specify the day on which the deadlines for performing election
activities begin and the Election Day.
(5) The
Election Announcement Act shall be submitted to the State Election Commission
and the Ministry of Justice.
(6) From the
day of announcing the elections, until the day of holding the elections, a
period of not more than 90 days, nor less than 70 days may pass.
(7) The
Election Announcement Act shall be published in the "Official Gazette of
the
(I) Activities
acts, submissions, and other documents relating to the carrying out of the
elections for Members of Parliament are exempted from paying fees and all
activities within the electoral procedure are exempted from taxes of all kinds.
(2) No Value
Added Tax shall be paid for the printing of ballots or for the procurement of
election material.
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(4)
Translators' note: In this context "recalled" is interpreted as
meaning "removed from office".
---------------------------------
II. BODIES
IN CHARGE OF CONDUCTING THE ELECTIONS
Bodies in
charge of conducting the elections are:
The State
Election Commission;
The Election
Commission of the Election District (hereinafter: Regional Election
Commission);
Municipal
Election Commissions; and Electoral Boards.
(1) The State
Election Commission is composed of a president, eight members and their
deputies.
(2) The State
Election Commission has a Secretary and his deputy .
(3) The president
of the State Election Commission and his deputy shall be appointed by the
President of the
(4) The members
of the State Election Commission, the Secretary, and their deputies shall be
appointed by the Parliament.
(1) Two members
of the State Election Commission shall be appointed from among the judges of
the Supreme Court of the Republic of Macedonia, while their deputies from among
eminent attorneys and lawyers with the agreement of the political parties in
opposition, which have won the largest number of votes in the last elections
for Members of Parliament.
(2) Two members
of the State Election Commission shall be appointed from among the judges of
the Supreme Court of the Republic of Macedonia, while their deputies from among
eminent attorneys and lawyers, with the agreement of the ruling political
parties, which have won the largest number of votes in the last elections for
Members of Parliament.
(3) The
president of the State Election Commission, his deputy and the members and
their deputies, referred to in paragraphs (1) and (2) of this Article, shall be
appointed for a period of 5 years.
(4) Two members
of the State Election Commission and their deputies shall be proposed by the
political parties in opposition, which have won the largest number of votes in
the last elections for Members of Parliament.
(5) Two members
of the State Election Commission and their deputies shall be proposed by the
ruling political parties, which have won the largest number of votes in the
last elections for Members of Parliament.
(6) Members and
their deputies referred to in paragraphs (4) and (5) of this Article shall be
appointed within 30 days following the day ofholding the constitutive session
of the Parliament, for a period of 4 years.
(1) Law
graduates shall be appointed as Secretary and his deputy of the State Election
Commission for a period of 5 years.
(2) The
Secretary is not a member of the State Election Commission and may not vote.
(3) The
Secretary shall do his job professionally.
(4) A
Secretariat shall be formed for performance of the administrative and
professional oriented matters as a professional service of the State Election
Commission.
(5) The
Secretariat shall be run by the Secretary of the State Election Commission.
(6) The
Secretary and the employees in the Secretariat of the State Election Commission
shall have the status of civil servants.
(1) Political
parties referred to in Article 13 of this Law, shall determine the members and
their deputies, referred to in paragraphs (1), (2), (4) and (5), within 5 days
following the receipt of notification from the President of the Parliament.
(2) If the
political parties fail to determine and submit the names of the members and their
deputies within the deadline stated in paragraph (1) of this Article, the
members and their deputies shall be proposed by the Commission for Election and
Appointment Matters of the Parliament.
(3) The members
of the State Election Commission and their deputies of Article 13 paragraphs
(4) and (5) of this Law shall be law graduates.
(1) A Regional
Election Commission shall be established for each election district located in
the municipalities of: Kisela Voda, Tetovo,
(2) The
Regional Election Commission shall be composed of a president, four members and
their deputies.
(3) The
Regional Election Commission shall have a Secretary and his deputy.
(4) The
presidents of the Regional Election Commissions shall be appointed by the State
Election Commission with a two-thirds majority of votes from the total number
of members of the State Election Commission. If the president and his deputy
cannot be appointed with a two-thirds majority of votes in the first round of
voting, then the appointment shall be done with a majority of votes of the
total number of members of the State Election Commission.
(5) The members
of the Regional Election Commission and their deputies shall be appointed by
the State Election Commission within 20 days following the day of establishment
of the State Election Commission.
(6) The
Secretary and his deputy, referred to in paragraph (3) of this Article shall be
appointed by the Regional Election Commission upon a proposal of the president
of the Regional Election Commission.
(1) The
president of the Regional Election Commission and his deputy shall be appointed
from among the judges in the Courts of Appeals.
(2) One member of
the Regional Election Commission and his deputy shall be appointed from among
the judges of the Primary Courts, upon proposal of the political parties in
opposition, which have won the largest number of votes in the last elections
for Members of Parliament.
(3) One member
of the Regional Election Commission and his deputy shall be appointed from
among the judges of the Primary Courts, upon proposal of the ruling political
parties, which have won the largest number of votes in the last elections for
Members of Parliament.
(4) The
president of the Regional Election Commission and his deputy, and the members
and deputies referred to in paragraphs (2) and (3) of this Article, shall be
appointed for a period of 5 years.
(5) One member
of the Regional Election Commission and his deputy shall be proposed by the
political parties in opposition, which have won the largest number of votes in
the last elections for Members of Parliament.
(6) One member
of the Regional Election Commission and his deputy shall be proposed by the
ruling political parties, which have won the largest number of votes in the
last elections for Members of Parliament.
(7) The members
and deputies of the Regional Election Commission, referred to in paragraphs (5)
and (6) of this Article, shall be appointed for a period of 4 years.
(1) The
Secretary of the Regional Election Commission and his deputy shall be law
graduates, appointed for a period of 5 years.
(2) The
Secretary is not a member of the Regional Election Commission and shall not
have the right to vote.
(3) For the
performance of the administrative and professional oriented matters, the
Regional Election Commission shall form a Secretariat from among the civil
servants employed in the local departments of the organs of state
administration.
(4) The
Secretariat shall be run by the Secretary of the Regional Election Commission.
(1) Political
parties of Article 17 of this Law shall determine the members and their
deputies, referred to in paragraphs (2), (3), (5) and (6), and submit them,
within 5 days of the receipt of the notification from the State Election
Commission.
(2) If the
political parties, referred to in Article 17 of this Law, fail to determine and
submit the names of the members and their deputies within the deadline stated
in paragraph 1 of this Article, the members and their deputies shall be
appointed by the State Election Commission.
(3) The
political parties shall submit the proposals for members and their deputies of
the Regional Election Commissions referred to in Article 17, paragraphs (2),
(3), (5) and (6) of this Law, also in cases when a member or his deputy submits
a resignation.
(4) The
political parties shall submit the proposals referred to in paragraph (3) of
this Article within 48 hours after the receipt of the notification from the
State Election Commission.
(5) If the
political parties fail to submit a proposal within the deadline set forth in
paragraphs (1) and (4) of this Article, the members of the Regional Election
Commission and their deputies shall be appointed by the State Election
Commission within 24 hours after the deadline for proposing candidates.
(6) The members
of the Regional Election Commission and their deputies referred to in Article
17, paragraphs (5) and (6) of this Law shall be law graduates.
(1) Municipal
Election Commissions shall be established in:
the
the
the
the
the
the
the
municipality of Gostivar and shall be responsible for the municipalities of
Gostivar, Negotino Poloshko, Vrapchishte, Chegrane, Vrutok, Mavrovi Anovi,
Dolna Banjica, Srbinovo, Oslomej, Zajas and Rostushe;
the
the
the
the
the
the
the
the
the
the
the
the
the
the
the
the
the
the
the
the
the
the
the
the
the
the
the
(2) The
Municipal Election Commissions shall be located in the municipalities, defined
in paragraph (1) of this Article, and shall be in charge of conducting the
election activities in the polling units S assigned for those municipalities
determined by law.
(3) Election
Commissions of paragraph (1) of this Article shall be composed of a president,
four members and their deputies.
(4) The
Municipal Election Commission shall have a Secretary and his deputy.
(5) The
presidents of the Municipal Election Commissions shall be appointed by the
State Election Commission with a two-thirds majority of votes from the total
number of members of the State Election Commission. If the president and his
deputy cannot be appointed with a two-thirds majority of votes in the first
round of voting, then the appointment shall be done with a majority of votes of
the total number of members of the State Election Commission.
(6) The members
of Municipal Election Commissions and their deputies shall be appointed by the
Regional Election Commission determined in Article 16, paragraph (1) of this Law,
for the municipalities within the election district6, within 30 days following
its establishment.
(1) The
president of the Municipal Election Commission and his deputy shall be
appointed from among the judges of the Primary Courts, located on the territory
of the Municipal Election Commission.
(2) One member
of the Municipal Election Commission and his deputy shall be appointed from
among the judges of the Primary Courts, located on the territory of the
Municipal Election Commission, upon proposal of the political parties in
opposition, which have won the largest number of votes in the last elections
for Members of Parliament.
(3) One member
of the Municipal Election Commission and his deputy shall be appointed from
among the judges of the Primary Courts, located on the territory of the
Municipal Election Commission, upon proposal of the ruling political parties,
which have won the largest number of votes in the last elections for Members of
Parliament.
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5 Translators'
note: The terms "polling unit" and "polling station" are
closely related terms and there appears to be no clear pattern of usage.
However, we make the distinction to be faithful to the Macedonian version.
6 Translators'
note: Each of the six Regional Election Commissions is responsible for one of
the 6 election districts. See Art. 11.
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(4) The
president of the Municipal Election Commission, his deputy, and the members and
deputies referred to in paragraphs (2) and (3) of this Article, shall be
appointed for a period of 5 years.
(5) One member
of the Municipal Election Commission and his deputy shall be proposed by the
political parties in opposition, which have won the largest number of votes in
the last elections for Members of Parliament.
(6) One member
of the Municipal Election Commission and his deputy shall be proposed by the
ruling political parties, which have won the largest number of votes in the
last elections for Members of Parliament.
(7) The members
and deputies of the Municipal Election Commission from paragraphs (5) and (6)
of this Article shall be appointed for a period of 4 years.
(1) Law
graduates shall be appointed as Secretary and his deputy of a Municipal
Election Commission, for a period of 5 years.
(2) The
Secretary and his deputy, referred to in paragraph (1) of this Article, shall
be appointed by the Municipal Election Commission, upon a proposal of the
president of the Municipal Election Commission.
(3) The
Secretary is not a member of the Municipal Election Commission and shall not
have the right to vote.
(1) Political parties of Article 21 of this
Law shall determine the proposals for members of the Municipal Election
Commissions and their deputies, referred to in paragraphs (2), (3), (5) and
(6), and submit them to the Regional Election Commission within 10 days of the
receipt of the notification from the Regional Election Commission.
(2) If the
political parties, referred to in Article 21 of this Law, fail to determine and
submit the names of the members and their deputies within the deadline set
forth in paragraph (1) of this Article, the members and their deputies shall be
appointed by the Regional Election Commission.
(3) The
political parties referred to in Article 21 of this Law shall submit the
proposals for members of the Municipal Election Commissions and their deputies,
referred to in paragraphs (2), (3), (5) and (6) also in cases when a member or
his deputy submits a resignation.
(4) The
political parties shall submit the proposals referred to in paragraph 3 of this
Article within 48 hours following the receipt of the notification from the
Regional Election Commission.
(5) If the
political parties fail to submit a proposal within the deadline set forth in
paragraphs (I) and (4) of this Article, the members of the Municipal Election
Commissions and their deputies shall be appointed by the Regional Election
Commission within 24 hours after the deadline for proposing candidates.
The president
and members of the Municipal Election Commission and their deputies shall have
a residence on the territory of the municipality for which the Municipal
Election Commission was established.
(I) An
Electoral Board shall be established for each polling unit.
(2) Electoral
Boards shall be composed of a president, four members, and their deputies.
(3) The
president of the Electoral Board and his deputy shall, as a rule, be law
graduates.
(4) Two members
of the Electoral Board and their deputies shall be appointed upon a proposal of
the political parties in opposition, which have won the largest number of votes
in the last elections for Members of Parliament.
(5) Two members
of the Electoral Board and their deputies shall be appointed upon a proposal of
the ruling political parties, which have won the largest number of votes in the
last elections for Members of Parliament.
(6) The
presidents, members of the Electoral Boards and their deputies shall be appointed
by the Municipal Election Commission, no later than 20 days before Election
Day.
(1) The
political parties shall propose the members of the Electoral Boards and their
deputies, referred to in Article 25, paragraphs (4) and (5) of this Law, no
later than 25 days prior to Election Day.
(2) If the
political parties fail to submit a proposal within the deadline determined in
paragraph (I) of this Article, the members of the Electoral Boards and their
deputies shall be appointed by the Municipal Election Commission.
(3) The
president of the Municipal Election Commission shall appoint new members to the
Electoral Board and their deputies, in case of unjustified abandoning of the
polling station by members of the Electoral Board and their deputies during the
elections, with a decision submitted to the members of the Commission.
Decisions on
the appointment of the Regional Election Commissions and Municipal Election
Commissions shall be published in the "Official Gazette of the
(1) The bodies
for conducting the elections may work and reach decisions ifa majority of
members is present.
(2) The bodies
for conducting the elections shall reach their decisions with a majority of
votes of the total number of members, unless otherwise stipulated by this Law.
(3) In the case
of absence of a member of the State, Regional or Municipal Election Commission,
as well as a member of the Electoral Board, their deputies shall participate in
their work on the sessions.
(I) The
President, members of the bodies for conducting elections, the Secretaries, as
well as their deputies, may not be candidates for Members of Parliament.
(2) If the
president, the member of a body for conducting elections, the Secretary, as
well as their deputies, accepts candidacy for Member of Parliament, his office
of president, member, Secretary or deputy shall cease.
(I) The
president and members of the bodies in charge of conducting elections shall perform
their duties impartially, conscientiously and responsibly in accordance with
the responsibilities determined by this Law.
(1) Each submitter of a list of candidates for
the election of Members of Parliament shall be entitled to appoint a
representative and his deputy that will follow the work of the Regional
Election Commission, Municipal Election Commission and Electoral Board starting
from the beginning of the elections until the establishment and announcement of
the results.
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7 Translators'
note: The term "submitter of list" refers to a political party or
group of citizens proposing candidates.
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(2) The list
submitter shall issue an authorization to the representative and shall inform
the Regional and Municipal Election Commissions thereof.
(3) The list
submitter's representative at the session of the Regional Election Commission,
Municipal Election Commission and the Electoral Board may warn against any
irregularities in their work, and if the same is not accepted, he may require
that the warning be included in the minutes.
The State
Election Commission shall:
1. take care of
the legality in the preparation and conduct of the elections, and give instructions;
2. appoint the
presidents of the Municipal Election Commissions and their deputies.
3. appoint the
composition of the Regional Election Commissions; give instructions for their
work, explanations about the application of the provisions of this Law and
other laws regarding election matters;
4. establish
common standards concerning the election material, provide conditions and take
care of their implementation;
5. prescribe
forms for conducting elections and publish them in the "Official Gazette
of the
6. determine
the way of handling and securing the election material;
7. determine
the form, size, colour and serial numbers of the ballots;
8. organize the
printing of ballots and candidates' lists;
9. hand over
to, and receive the election material from, the Regional Election Commissions;
10. conduct
education of the Regional Election Commission members;
11. inform the
public of the way of voting and of the exercise of the right to vote;
12. adopt a
code on the rules for monitoring of elections by domestic and foreign
observers, in accordance with international standards, and provide them with
identification documents;
13. decide upon
complaints;
14. determine
the election results;
15. announce
the total results from the elections held for Members of Parliament within
three days of their holding;
16. submit a
report to the Parliament about the elections held; 17, issue certificates to
the Members of Parliament elected;
18. pass a
Rulebook and Guide for compensation for the members of the election bodies;
19. submit a
financial report to the Parliament for the conducted elections; 20, perform the
duties provided by the Law on Voters' List;
21. prescribe
the type of device for marking and controlling the persons who have voted (UV
lamps, spray, graphite pad);
22. adopt an
act for the organization and systemization of the Secretariat of the State
Election Commission;
23. form
assisting bodies to carry out organizational and technical matters;
24. publish the
descriptions of the polling units and election districts in the daily press;
25. perform
other duties provided by law.
The Regional
Election Commission shall:
1. take care of
the legal conduct of the elections in the election district;
2. appoint the
members of the Municipal Election Commissions and their deputies;
3. confirm and
publish the candidates' lists for the elections of Members of Parliament and
shall determine their order on the ballot by drawing lots;
4. perform
education of the Municipal Election Commission members;
5. undertake
technical preparations for conducting the elections according to the directions
and instructions of the State Election Commission;
6. inform the
citizens of the way and technique of voting;
7. register the
authorized representatives for monitoring the work of the Regional Election
Commissions;
8. hand over
to, and collect election materials from, the Municipal Election Commissions in
a manner determined by this Law;
9. sum up the
results of the vote for the lists of candidates at the election district level
and submit all election material to the State Election Commission;
10. decide on
complaints regarding irregularities in the work of the Municipal Election
Commissions;
11. fill in and
submit statistical data for the needs of the State Bureau of Statistics of the
12. perform
other duties as well.
The Municipal
Election Commission shall:
1. take care of
the legal conduct of elections;
2. appoint the
composition of the Electoral Boards, and give instructions concerning their
work;
3. post the
determined lists of candidates;
4. perform
education of the Electoral Board members;
5. undertake
technical preparations for conducting the elections according to the directions
and instructions by the Regional and State Election Commission;
6. inform the citizens of the way and
technique of voting;
7. register the
authorized representatives for monitoring the work of the
Municipal Election
Commission and the Electoral Boards;
8. hand over
to, and collect the election materials from, the electoral boards in a way
determined by this Law;
9. hand over
the election material to the Regional Election Commission within 3 hours after
the receipt of the election material from the Electoral Boards; and
10. perform
other duties as well.
(1) The
Electoral Board shall directly manage the voting at the polling station, ensure
regularity and secrecy of the voting, provide free and peaceful conduct of the
voting, sum up the voting result at the polling station and post it at the very
place where the voting was conducted.
(2) The
Electoral Board shall make minutes of its work and shall submit them to the
Municipal Election Commission together with the election material.
(1) The
Parliament, Ministry of Justice, Ministry of Internal Affairs, State Bureau of
Statistics and the Department of General and Common Activities in the
Government of the Republic of Macedonia and their district offices are obliged
to provide technical and other working conditions, as well as personnel teams
to the bodies for conducting the elections, for performing the activities in
the Secretariats of Article 14, paragraph (4) and Article 18, paragraph (3) of
this Law.
(2) The bodies
shall be provided with funds from the Budget of the Republic ofMacedonia to
perform their jobs in paragraph (1) of this Article.
III. NOMINATING
CANDIDATES
(1) The
nomination of candidates for election of Members of Parliament shall be done by
submitting lists of candidates.
(2) A candidate
for Member of Parliament may be proposed on one list of candidates only.
(3) In the
proposed lists of candidates each sex8 shall be represented with at least 30%.
The registered
political parties individually, two or more parties together, as well as a
group of voters (hereinafter: list submitter) have the right to submit a list
of candidates.
In the case
where a candidate list submitter is a group of voters, at least 500 signatures
of the voters registered in the excerpts of the Voters ' List for that
electoral district shall be required.
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8 Translators'
note: The term used in Macedonian is literally translated as "pole".
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(2) The
collection of the signatures before the competent body for evidence of the
right to vote starts the fifteenth day from the announcement of the elections
and lasts 15 days.
(3) Each voter
may give his signature for one list of candidates only.
(4) Voters
submitting the list should have the right to vote and a permanent residence in
the territory of the electoral district.
The list
submitter may submit only one list of candidates.
(1) The list of
candidates shall be signed personally by the authorized representative of the
list submitter.
(2) The title
of the list is marked according to the name of the list submitter.
(3) If the
candidates' list submitter is a group of voters, the title of the list shall be
marked as "group of voters".
(1) The list of
candidates shall be submitted to the Regional Election Commission no later than
40 days prior to the day of holding the elections.
(2) The list of
candidates shall be submitted on a special form to which the certificate for
registration from the competent court and evidence of an opened giro- account
for the election campaign shall be attached.
(3) When the
submitter of a list of candidates is a group of voters, it has to also submit
the necessary number of signatures in accordance with Article 39 of this Law.
(4) Agreement
(statement) in writing shall be required for each candidacy and it shall be
irrevocable.
(5) The list of
candidates contains as many candidates as there are Members of Parliament to be
elected for that electoral district-
(6) The order
of the candidates on the list of candidates shall be determined by the list
submitter.
(1) The
Regional Election Commission shall, immediately upon the receipt of the list of
candidates, examine if they have been submitted within the deadline given and
have been made in accordance with the provisions of this Law.
(2) Should the
commission of paragraph (1) of this Article establish that there have been some
omissions, or irregularities, it will call the submitters thereof immediately,
but within no more than 48 hours, to eliminate the omissions or irregularities
found.
(3) If a
commission of paragraph (1) of this Article establishes that the lists have
been submitted within the deadline given, and have been made in accordance with
the provisions of this Law, that is, the omissions and irregularities found
have been eliminated by the list submitters within the deadline set in
paragraph (2) of this Article, it will confirm the submitted lists with a
decision within 48 hours following the receipt of the lists.
(1) Should the
Regional Election Commission establish that the lists have not been submitted
in a timely manner, that is the omissions and irregularities found have not
been eliminated by the submitters of the lists within the time-limit set in
Article 44, paragraph (2) of this Law, it will reject the submitted list by a
decision.
(2) An
objection against the decision of the Regional Election Commission of paragraph
(1) of this Article may be submitted to the State Election Commission through
the Regional Election Commission within 24 hours following the receipt of the
decision.
(3) The State
Election Commission shall be obliged to reach a decision on the objection
within 24 hours following the receipt of the objection.
(4) A complaint
against the decision of the State Election Commission of paragraph (3) of this
Article may be submitted to the Supreme Court of the
(5) The Supreme
Court of the
(6) Submitting
objections and complaints by mail is not permitted.
(1) The
Regional Election Commission shall determine the order of the lists of
candidates on the ballot by drawing lots
(2) The
Regional Election Commission shall be obliged to inform the authorized
representatives of the list submitters for the activities that will be
undertaken in accordance with paragraph (1) of this Article.
(3) The
Regional Election Commission shall immediately submit the determined list to
the State Election Commission.
(4) The State
Election Commission shall publish the determined lists in the daily press no
later than 30 days before the day detennined for conducting the elections.
(5) The
Municipal Election Commissions of Article 20, paragraph (I) of this Law shall
post the detennined lists in the polling units in which the election is to be
conducted.
IV. ELECTION
CAMPAIGN
(I) A political
party, two or more political parties together, or a group of voters, whose
lists of candidates for election of Members of Parliament have been confirmed
by the Regional Election Commission, shall have the right to organize an
election campaign (hereinafter: election campaign organizers).
(2) The
election campaign organizers shall have the right equally and under the same
conditions to use all forms of political propaganda, information and other
forms of propaganda whose aim is to influence the voters' decision when voting
for candidates for Members of Parliament.
(3) Foreign
legal entities and natural persons may not organize an election campaign.
(I) The
election campaign shall begin 30 days prior to the Election Day and may not be
carried out 24 hours prior to and on Election Day.
(2) The
Broadcasting Council shall be obliged to follow the programs of the electronic
media in the
(3) After
determining the irregularities (agitation, information connected to the
election campaign, advertisements, which present party programs and party
symbols), the Broadcasting Council shall immediately inform the Ministry of
Transport and Communication and/or the Telecommunication Office.
(4) The
Telecommunication Office shall reach a decision for closing the radio station
of the holder who committed the irregularity for a period of 48 hours,
immediately after the receipt of the notification.
(I) The
election campaign organizer is responsible for the legality of the conduct of
the election campaign.
(2) The
election campaign organizer is also responsible for the election campaign
activities for which it will authorize other persons.
(I) If during
the election campaign, or during the presentations or propaganda information of
certain organizers of election campaigns, the rights of candidates are being
violated (by preventing and disturbing the opponents' campaign), they have the
right to immediately initiate a procedure before the competent Primary Court
with a view to protecting their rights.
(2) The
(3) A complaint
against the decision of the
(4) The
competent Court of Appeals shall decide within 72 hours of the day of
submitting the complaint.
(5) The final
decision shall immediately be announced in the media.
(I) The media
in the Republic of Macedonia are obliged to provide under equal conditions
equal access on their programs in the presentations of the election programs of
the candidates for Members of Parliament, political parties and groups of
voters.
(2) The
duration of the election presentation, methods of advertising and terms for the
use of air-time, or the space in the media for the presentation of the
candidates, political parties and the group of voters and their programs shall
be determined by a decision on the rules for equal media presentation.
(3) The
decision on the rules for equal media presentation shall be reached by the
Parliament, upon a proposal by the Broadcasting Council.
(4) The
Broadcasting Council shall be obliged to submit the proposal for the decision,
referred to in paragraph (2) of this Article to the Parliament no later than 60
days before Election Day.
(5) The
decision on the rules for equal media presentation shall be published no later
than 40 days prior to Election Day.
(1) Public opinion
polls shall be announced no later than 5 days prior to Election Day.
(2) When public
opinion polls on candidates, political parties and groups of voters in the
election campaigns are announced, the name of the institution or head of the
institution that organized the survey, the date, methodology, size and
structure of the sample, and the name of the person who commissioned the polls,
shall be given.
(3) Public
opinion polls may be conducted on the actual Election Day, and the results
thereof shall be announced no sooner than the closing of the polling units.
When
broadcasting election propaganda in the information part of their program, the
media shall be obliged to state that it is a paid advertisement.
The media,
whose founder is the Parliament, in cooperation with the State Election
Commission have an obligation without compensation to inform the citizens of
the way and technique of voting.
(1) Displaying
election posters free of charge is allowed only at places determined by the
municipality, or the City of
(2) The
municipality and the City of
(3) The
municipality and the City of
(4) The
municipality and the City of
(5) The
municipality and the City of
(6) The
municipality and the City of
(7) Election
posters may be displayed on residential buildings and other private buildings
having the prior consent of the owner of the facility.
(8) It is not
allowed for the campaign posters to be displayed on objects where the polling
station is located or in the premises where the voting is performed.
(1) Destroying
election posters or putting them up over other election campaign organizers'
posters is forbidden.
(2) The
organizer of the campaign is obliged to remove the waste caused by the posters
within 30 days after the end of the elections.
(1)
Pre-election rallies are public.
(2) The
organizer is responsible for keeping order at the rallies.
The election
campaign organizer shall notify in writing the Ministry of Internal Affairs
through its District Ministry about organizing a pre-election rally in public
places and in places used for public traffic no later than 48 hours prior to
its holding.
(1)
Pre-election rallies may not be held in military buildings, religious
buildings, hospitals, homes for old people, schools, kindergartens, and other
public institutions.
(2) As an
exception, the organizers will be allowed to hold pre-election rallies in
schools, or cultural centres if there is no other facility in the municipality
where the rally could be held.
(3) The permit
for holding pre-election rallies is given by a person in charge at the
institution, under equal conditions for all election campaign organizers.
(4) The
facilities, equipment or other property intended for work of the state bodies
and the bodies of the municipality and of the City of
(5) As an
exception, the premises of the bodies referred to in paragraph (4) of this
Article may be used, if there are no other appropriate facilities in the place
that may be used for the purposes of election campaigns.
(6) The permit
is given by the person in charge of the body, under equal conditions for all
election campaign organizers.
V. FINANCING OF
THE ELECTORAL CAMPAIGN
-----------------------
9 Translators'
note: The Macedonian term .'giro-account" is equivalent to the English
term "bank account".
-----------------------
(2) In case an
election campaign organizer is a group of voters, the authorized representative
of the list submitter is the signatory of the giro account.
(3) The
election campaign organizer shall put all funds received from legal or natural
persons intended for financing the election campaigns in the giro account,
referred to in paragraph ( 1) of this Article.
(4) All campaign
expenses are to be covered solely with the funds from the giro account for the
election campaign.
(I) An election
campaign organizer shall submit a financial report on the election campaigns.
(2) The
financial report on the election campaigns shall contain data on the total
amount of the funds and expenses incurred.
(3) The
financial report shall be submitted to the Parliament no later than 3 months
after the elections are finished.
(4) Excess
funds shall be donated to charity by the election campaign organizer that is a
group of voters.
The election
campaigns shall not be financed from:
funds from the
Budget of the
funds from the
budget of the municipalities and the City of
funds from
citizens' associations, religious communities, religious groups, and
foundations;
funds from
foreign governments, international institutions, bodies, and organizations of
foreign states and other foreigners; and
funds from
enterprises with mixed capital, where the dominant owner is a foreign investor.
When financing
the election campaign, an election campaign organizer may spend no more than 15
denars per registered voter in the electoral district for which a candidates'
list has been submitted.
(1) The
election campaign organizers whose candidates have been elected Members of
Parliament from the list of candidates have the right to reimbursement in the
amount of 15 denars per vote won.
(2) The
reimbursement of election expenses will be paid from the Budget of the
(3) If two or
more political parties are the submitter of the list of the elected Member of
Parliament, the funds shall be divided between or among them in equal shares,
unless the parties have agreed otherwise.
(4) The
reimbursement of the election expenses is determined by a decision of the
Parliament.
The State
Election Commission shall make a decision to annul the election of candidates
for Members of Parliament of a political ~arty, two and more political parties
jointly, or a group of voters, if with a final o court decision it has been
established that funds obtained on the basis of actions subject to penalty,
have been used during the election campaign.
VI. CONDUCTING
THE ELECTIONS
(1) Citizens
shall be notified of the elections by means of a public announcement and
displaying posters in visible places.
(2) The
notification, referred to in paragraph (1) of this Article, shall be carried
out by the Regional and Municipal Election Commissions.
I. Election Material
The election
material for executing the elections for Members of Parliament consists of:
ballot boxes
and voting screens;
---------------------------
10 Translators'
note: "Final" means that no further legal remedies are available to
challenge such a decision.
----------------
forms for
minutes;
ballot booklet,
according to the excerpts of the Voters ' List; lists of candidates;
certified
excerpt from the Voters ' List;
devices for
marking and controlling the persons who have voted (UV lamp, spray, graphite
pad) and;
other material
necessary for voting.
(1) The State
Election Commission shall hand over the election material to the Regional
Election Commissions no later than 72 hours prior to the Election Day.
(2) Minutes
shall be prepared for handing over the election material, in which the total
number of ballots with the related serial numbers and the required number of
lists of candidates to be displayed in the voting facilities shall be
indicated.
(1) The
Regional Election Commissions shall hand over the election material to the
Municipal Election Commissions no later than 62 hours prior to Election Day.
(2) Minutes
shall be prepared for handing over the election material, in which the total
number of ballots with the related serial numbers and the required number of
lists of candidates to be displayed in the voting facilities shall be
indicated.
(1) The
Municipal Election Commission is obliged to hand over the election material to
the Electoral Boards one day prior to the day determined for holding the
elections.
(2) Minutes
shall be prepared for handing over the election material from the Municipal
Election Commission to the Electoral Boards in which the total number of
ballots with the related serial numbers and the rest of the necessary voting
material shall be indicated.
(3) In the
minutes on the handover of the election material, the Electoral Board shall
determine if the room in which the voting will take place meets the prescribed
voting conditions.
(4) The
president, Electoral Board members and a member of the Election Commission, who
is handing over the material, shall sign the minutes.
(5) Should the
representatives of the list submitters present have some comments on the
handing over of the election material, they have the right to request that
those comments be registered in the minutes, and only the comments registered
in that way may be invoked in the objections and be the subject of an
assessment in the appellate proceedings.
(6) If the
comments by the representatives of the list submitters present, referred to in
paragraph ( 5) of this Article, are not evidenced in the minutes, they have the
right to submit comments to the Municipal Election Commission within 5 hours of
signing the minutes.
2. Ballot
Article 71 (I) The ballot shall contain:
I) the title of
the ballot and the number of the election district;
2) the ordinal
number, name and symbol (if any) of the list submitter; 3) the name and surname
of the carrier of the list (11);
4) the serial
number of the ballot in the part remaining on the ballot stub of the booklet;
and
(2) If there
are list carriers with the same name and surname, then the initial letter of their
middle name shall also be given.
(3) The title
of the ballot shall contain the number of the election district and the flag of
the
(4) The name of
the list submitter, and the name and surname of the carrier of the list, shall be
written in the Macedonian language and in the Cyrillic alphabet.
(5) For the
members of the other communities, the name of the submitter, and the name and
surname of the carrier of the list, shall be written in the Macedonian language
and its Cyrillic alphabet, and in the language and alphabet of the community to
which they belong.
(6) The voting
instructions shall not be part of the ballot. The instructions shall be posted
in a noticeable place on the voting screen and in other noticeable places of the
polling stations, in accordance with the Instruction given by the State
Election Commission. The instructions shall be printed in the Macedonian
language and its Cyrillic alphabet and in the languages and alphabets of the
other communities listed in the Preamble of the Constitution of the
----------------------------------
(11)
Translators' note: The first person on the list is referred to as the
"carrier of that list".
----------------------------------
3. Conducting
the voting
A place where
the voting is conducted shall be determined for each polling unit (hereinafter:
polling station).
(I) Voting
shall begin at 7:00 am and shall last uninterruptedly until
(2) The polling
station shall be closed at
(3) The
Electoral Board may close the polling station before the end of the period set
forth in paragraph (I) of this Article, provided that all the voters registered
in the excerpt of the Voters ' List have cast their votes.
(I) After
closing the polling station, the police shall secure the facility in which the
polling station and the Electoral Board are located, and shall remove all
unauthorized persons from the facility.
(2) The police
shall also secure the Electoral Board until the handover of the minutes and the
election material to the Municipal Election Commission, if such a request has
been made by the Electoral Board.
(I) The
president and members of the Electoral Board shall gather in the voting room no
later than one hour before the beginning of the voting to determine if:
the room is in
the same condition as it was left on the day before the elections;
the election
material is in the same condition as it was left on the day before the
elections; and
the ballot box
is empty.
(2) The
Electoral Board shall prepare minutes on the condition found, and they shall be
signed by the president and members of the Board.
(3) The
comments of the president and members of the Electoral Board shall be entered
in the minutes.
(4) Should the
representatives of the list submitters have any comments, they have the right
to request them to be recorded in the minutes, and only the comments registered
in that way may be invoked in objections and be the subject of an assessment in
appellate proceedings.
(5) If the
comments referred to in paragraph (4) of this Article of the representatives of
the list submitters present are not recorded in the minutes, they have the
right to submit them to the Municipal Election Commission within 5 hours of
signing the minutes.
(I) The
Electoral Board takes care of the peace and order at the polling station.
(2) The
Electoral Board may remove any person disturbing the peace and order at the
polling station.
(3) The
facility in which the polling station is located shall be secured by the police
during the conduct of voting.
(4) The
Electoral Board may ask assistance from the police for establishing order at
the polling station.
(5) No one is
allowed to come into the polling station armed, except for the police in cases
provided in paragraphs (3) and (4) of this Article.
(I) If the order
at the polling station is disrupted, the Electoral Board may stop the voting
until order is re-established.
(2) The voting
can also be stopped due to weather disasters or other emergencies.
(3) The
Electoral Board shall terminate the voting if the facility in which the polling
station is located is not secured by the police, while there was a need for
that or if the police were called but did not respond to the call.
(4) The Electoral
Board shall also terminate the voting in cases when the police cannot maintain
order at the polling station and are not complying with the provisions of this
Law.
(5) If the
voting was stopped for more than one hour, it shall be continued for as much
time as the interruption lasted, but not longer than 3 hours.
(6) If the
interruption lasted for more than 3 hours, the voting shall be repeated.
(7) The reasons
for the interruption of the voting and the duration of the interruption shall
be entered in the minutes.
(I) If the
representatives of the submitters of lists have any comments concerning the
work of the Electoral Board during the voting, they can point out the
irregularities, so that they can be corrected.
(2) Comments
made are registered in the minutes in writing, and only comments registered in
such a way can be pointed out in objections and be the subject of evaluation in
appellate proceedings.
(3) If the
representatives of the submitters of lists do not have comments registered in
the minutes as referred to in paragraph (2) of this Article, they have the
right to submit them to the Municipal Election Commission within 5 hours of
signing the minutes.
(I) The
president, members of Regional Election Commissions, Municipal Election
Commissions and Electoral Boards and their deputies, as well as the
representatives of list submitters, and the observers are not allowed to have
any marks or symbols of a political party or candidate at the time and place of
the voting.
(2) No
campaigning is allowed on Election Day.
(3) The
Electoral Board in cooperation with the competent bodies is obliged to remove
propaganda material in the facility and room where the voting is taking place
and within a radius of 100 meters.
4. Way of
voting
(I) The voting
is carried out in person at the polling stations in the
(2) Voting for
another person is prohibited, except in the cases referred to in Article 85 of
this Law.
(I) The voters
approach to vote one by one. One of the members of the Electoral Board checks
if the voter is at the appropriate place.
(2) When the
voter approaches to vote, the Electoral Board verifies through the use of an
ultra-violet detection lamp if the voter has an indelible (12) mark on the
thumb of his right hand, making sure to check the nail of the thumb of the
voter .
(3) When the
voter approaches to vote, the Electoral Board checks his personal identity.
----------------------------------
(12)
Translators' note: Marking ink is both "indelible" and
"invisible".
----------------------------------
(4) The voter
shall prove his personal identity with an ill card or passport.
(5) After the
identification of the voter, the Electoral Board circles his ordinal number in
the excerpt of the Voters ' List and the voter places his signature, while if
he is illiterate, he shall put his right index finger print. If the voter does
not have a right index finger then he shall put a print of his left index
finger, and if he does not have a left index finger as well, then putting a
print shall not be needed.
(6) After the
identification, the voter shall receive a ballot and shall have his right
thumb, or left thumb if he does not have a right thumb, marked with invisible
marking ink, making sure that the application covers the nail of the thumb. If
the voter does not have a thumb on either hand, then marking shall not be done.
(1) The voting
shall be performed with one ballot.
(2) The ballot
shall be removed in numerical sequence from the stub of the booklet and given
to the voter, while the serial number remains on the stub.
(3) The voter
shall be instructed of the way of voting and shall be allowed to vote.
The voter shall
cast the vote by circling the ordinal number of the list submitter he has
decided to vote for and putting the folded ballot in the ballot box.
(I) The voter
who is unable to vote at the polling station (disabled or ill person) but wants
to vote, shall notify the Municipal Election Commission thereof no later than 3
days prior to the election day.
(2) The
notification referred to in paragraph (I) of this Article may be made through a
proxy.
(3) The
Electoral Board enables the person referred to in paragraph (I) of this Article
to vote in his home or the hospital he is in, one day prior to the elections in
such a way that the secrecy of the voting is guaranteed.
(4) The
Electoral Board shall provide a special ballot box for the voting referred to
in paragraph (3) of this Article, which is taken empty to the home or hospital
where the voter is.
(5) The voting,
referred to in paragraph (3) of this Article, shall be recorded in the minutes
of the Electoral Board.
(6) For the
date and time of voting, referred to in paragraph (3) of this Article, the
president of the Municipal Election Commission shall notify the representatives
of the list submitters in writing.
(I) The voter,
who due to a physical disability or illiteracy is unable to vote in the manner
defined by this Law, has the right to have a person to help him with voting.
(2) If the
voter referred to in paragraph (I) of this Article does not have a person to
help him with the voting, the Electoral Board shall appoint another person from
among the voters.
(3) The person
helping another person with voting may not be from among the Electoral Board
members, representatives of the list submitters or observers.
(4) The same
person may assist not more than two voters, referred to in paragraph (I) of
this Article, with the voting.
(5) The
Electoral Board shall instruct the person referred to in paragraph (3) of this
Article that he may not influence the voter's choice with his help.
(6) The voting
referred to in paragraph (I) of this Article shall be recorded in the minutes
by the Electoral Board.
(I) Voters who
are not at their place of residence on Election Day due to their military
service or military manoeuvres shall cast their vote at their military unit,
organization, institution or unit.
(2) Voters who
on Election Day are serving a prison sentence or are in custody shall vote in
the penitentiary institutions.
(3) Having
received the lists of voters referred to in paragraphs (I) and (2) of this
Article, the Municipal Election Commission is obliged to send them immediately
to the military units, organizations, institutions, unit where the voters are
serving their military service or doing their military manoeuvres, as well as
the penitentiary institutions where the voters are serving their prison
sentences or are in custody.
(4) The
elections for the voters referred to in paragraphs (I) and (2) of this Article
shall be carried out by the Electoral Board of the nearest polling unit, one
day before the Election Day, and the representatives of the list submitters are
notified thereof with a view to their being present at the voting in the
military unit-
(5) The
Electoral Board shall prepare separate minutes for the voting referred to in
paragraph (4) of this Article.
(6) The minutes
and election material shall be submitted to the corresponding Municipal
Election Commissions after the completion of the voting,
5. Summing up
the voting results at the polling stations
The results of
the voting at the polling station shall be determined in the following manner:
the unused
ballots shall be counted and put in a special envelope that is closed, sealed,
and the number of the polling unit and the total number of unused ballots are
written down on it;
the total number
of voters registered in the excerpt of the Voters ' List, who have cast their
vote and have placed their signature or fingerprint only, shall be determined;
the ballot box
shall be opened and the counting of votes shall begin;
one member
shall be selected by drawing lots, to take out and open the ballots from the
ballot box one at a time, and hand them over to the president of the Electoral
Board;
the ballot is
shown to all Electoral Board members, to the representatives of the submitters
of lists present, and to the observers;
the Electoral
Board shall determine whether or not the ballot is valid and for which list the
vote has been cast;
the vote cast
shall be recorded, the ballot shall be put in the corresponding place and a new
ballot shall be taken out of the ballot box,
(1) The ballot
is valid if it has been circled in the way prescribed in Article 83 of this
Law.
(2) A valid
ballot is considered to be one from which in a reliable and unambiguous way it
may be established for which list of candidates the voter has cast his vote,
(3) The ballot
shall be invalid should it not be completed, or should there be more than one
list of candidates circled.
(1) The
Electoral Board shall prepare minutes of its work.
(2) Information
entered in the minutes shall include: the ordinal number of the polling unit,
the time of beginning and concluding the voting; the total number of voters in
the polling unit according to the excerpt of the Voters' List; the total number
of voters who have voted; the total number of ballots put in the ballot box;
the total number of ballots that have not been put in the ballot box; the total
number of invalid ballots and the total number of votes each list of candidates
has won individually.
(3) Possible
comments by the members of the Electoral Board shall be recorded in the minutes
as well.
(1) The
president and Electoral Board members shall sign the minutes.
(2) The minutes
are valid if signed by the majority of the Electoral Board members.
(3) The
president of the Electoral Board should state the reasons for the minutes not
being signed by a member of the board.
(4) If the
majority of members of the Electoral Board do not sign the minutes, the minutes
shall be done and signed by the Municipal Election Commission, based upon the
entire election material.
(5) In case the
representatives of the list submitters present have comments, they have the
right to enter them in the minutes, and only the comments registered in that
way may be invoked in the objections and be the subject of an assessment in
appellate proceedings.
(6) If the
comments by the representatives of the list submitters referred to in paragraph
5 of this Article are not recorded in the minutes, they shall have the right to
submit them to the Municipal Election Commission within 5 hours following the
completion (signing) of the minutes.
(1) The minutes
and the rest of the election material shall be submitted to the Municipal
Election Commission by the Electoral Board within five hours following the
completion of the voting.
(2) Each
representative of the list submitter shall receive a copy of the minutes.
(3) Upon the
completion of the activities described in paragraphs (I) and (2) of this Article,
the Electoral Board shall immediately announce and post the results summed up
from the voting carried out at the polling station.
(4) The
election material shall be submitted to the Municipal Election Commission by
the president of the Electoral Board accompanied by interested Electoral Board
members or representatives of the submitters of lists and representatives of
the police, if necessary.
(5) The
election material shall be submitted to the Regional Election Commission by the
president of the Municipal Election Commission accompanied by the interested
Municipal Election Commission members or representatives of the submitters of
lists and representatives of the police, within 3 hours after the receipt of
the election material from the Election Board.
(6) Separate
minutes shall be prepared for the handover of the material of paragraphs (I)
and (5) of this Article.
6. Summing up
the voting results in the election district
The Regional Election
Commission shall sum up the results of the voting for the lists of candidates
of the polling units of the electoral district for which it is responsible,
within 5 hours of the receipt of the entire election material from the
Municipal Election Commissions.
(I) The
Regional Election Commission shall prepare minutes of its work.
(2) In the
minutes of the voting, the following information shall be entered: the votes
summed up, the ordinal number of the polling units in the election district,
the total number of voters for the polling units registered in the excerpts of
the Voters, List, the total number of voters who have cast their vote, the
total number of invalid ballots and the total number of votes that each list of
candidates has won at the election district level.
(3) Possible
comments by the members of the Regional Election Commission shall be recorded
in the minutes, as well.
(I) The
president and the Regional Election Commission members shall sign the minutes.
(2) The minutes
are valid if signed by the majority of the Regional Election Commission
members.
(3) The
president of the Regional Election Commission should state the reasons for the
minutes not being signed by a member of the Commission.
(4) If the
minutes are not signed by the majority of the members of the Regional Election
Commission, the minutes are prepared and signed by the State Election
Commission, based on the entire election material.
(5) In case the
representatives of the list submitters present have comments, they have the
right to register them in the minutes and only the comments registered in that
way may be invoked in objections and be the subject of an assessment in
appellate proceedings.
(6) If the
comments by the representatives of the list submitters referred to in paragraph
(5) of this Article are not recorded in the minutes, they shall have the right
to submit them to the State Election Commission within 5 hours following the
completion (signing) of the minutes.
(7) Each
representative of a list submitter shall receive a copy of the minutes.
The Regional
Election Commission shall submit the minutes of its work and the entire
election material to the State Election Commission within 8 hours following the
receipt of the election material.
7. Determining
the voting results in the election districts
(1) The State
Election Commission shall determine the total results of the voting in the
election districts.
(2) The State
Election Commission shall determine the voting results based on the minutes of
the results summed up by the Regional Election Commissions and the entire
election material.
(3) The State
Election Commission shall establish the results for each individual election
district according to the number of the total votes that individual lists of
candidates have won on the basis of the summarized results of the Regional
Election Commissions for the election district.
(4) When
establishing the election results, the D'Hondt's formula shall be applied.
(5) Having
established the total number of votes cast for that number of candidates in the
election district (so called electorate), each individual list is divided by
the sequence of divisors 1, 2, 3, 4, etc. until all seats in the election
district are allocated according to the determined principle. (13)
(6) The
quotients of the division, referred to in paragraph (5) of this Article, are
classified by size, whereby as many of the largest quotients as there are
Members of Parliament being elected in the election district shall be relevant.
--------------------------------------------------------------------------------
13 Translators'
note: A previous law states the principle more clearly. It states: "Having
established the total number of votes cast for each list of candidates (what we
call electorate) each one separately is divided by the sequence of quotients I,
2, 3,4, etc., until all 35 seats are allocated according to the determined
principle".
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(7) A list of
candidates shall obtain as many parliamentary seats as there are largest
quotients out of the number of quotients referred to in paragraph (6) of this
Article. (14)
(8) In the case
that for the last parliamentary seat, two identical quotients appear to exist,
the mandate shall be allotted by drawing lots.
(9) When
allocating parliamentary seats, as many candidates as seats won by the list,
shall be considered elected.
(10) Candidates
are elected from the list of candidates according to the established order.
Those candidates included in the list according to the order determined, shall
be considered elected.
(I) The State
Election Commission shall prepare minutes for establishing the results of the
voting for each of the election districts separately.
(2) The minutes
shall contain information on the voting results, as follows: the total number
of polling units;
the total
number of voters registered in the excerpts of the Voters ' List for the
election district;
the total
number of voters who have cast their vote; the total number of invalid ballots;
the total
number of votes that each individual list of candidates won; the number of
parliamentary seats won by the list of candidates; and the name and surname of
the candidates elected.
(I) The State
Election Commission shall announce the initial results of the elections for
Members of Parliament within 24 hours following the completion of the election.
(2) The State
Election Commission shall announce the total results of the elections for
Members of Parliament, within 3 days following Election Day.
------------------------------------------
14 Translators'
note: The language in the Macedonian version is unclear.
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(1) The
elections shall be considered completed when the results of the election of 120
Members of Parliament become final.
(2) The State
Election Commission shall issue an election certificate to the Members of
Parliament elected.
VII. ANNULLING
AND REPEATING THE VOTING
(I) The State
Election Commission shall, with a decision, annul the voting at the polling
station in the following cases:
if the secrecy
of voting has been violated;
if there is a
voting disruption of longer than 3 hours;
if the police
do not respond to the intervention request by the Electoral Board, pursuant to
Articles 74,76 and 77 of this Law, while there was a need for that and it
influenced the conduct of the voting at the polling station.
(2) The State
Election Commission shall, with a decision, annul the voting at the polling
station also in the following cases:
if the number
of ballots in the ballot box is larger then the number of voters who voted, and
that number affects the results of the voting on the election district level;
if some person
or persons vote for other person(s), and that number affects the results of the
voting on the election district level.
(3) A complaint
against the decision of paragraphs (I) and (2) of this Article may be lodged
with the Supreme Court of the Republic of Macedonia through the State Election
Commission within 24 hours.
(4) The Supreme
Court of the
(5) The voting
at the polling station, which has been annulled, shall be repeated within 14
days of the day of voting.
VIII.
TERMINATION OF THE MANDATE AND BY-ELECTIONS
(I) The Member of
Parliament's mandate shall terminate before the period for which he has been
elected:
if he resigns;
if sentenced
for a criminal offence for which a sentence of at least five years is
prescribed;
in case of
incompatibility with the office of Member of Parliament;
in the case
that his membership in the party is terminated by personal request;
if he declares
that he is joining another political party; in case of death; and
if he has been
deprived of his working capacity by a final decision.
(2) If the
Member of Parliament resigns, the Parliament at its next session shall conclude
that his mandate terminates from the day of holding that session.
(3) The Member
of Parliament's mandate shall terminate on the day of occurrence of the terms
referred to in paragraph (I), lines 2, 3, 4, 5, 6 and 7 of this Article, which
the Parliament concludes on the first following session.
(1) If the
mandate of the candidate elected from the list of candidates terminates,
pursuant to one of the grounds defined in Article 101 of this Law, the next
candidate on the list shall become a Member of Parliament for the rest of the
mandate.
(2) The State
Election Commission shall notify the next candidate on the list in the cases
referred to in paragraph (I) of this Article within three days of the
termination of a Member ofParliament's mandate.
(3) If the next
candidate on the list referred to in paragraph (2) of this Article does not
notify the State Election Commission within 8 days if he accepts the mandate,
this right shall be transferred to the next candidate on the list.
(4) In case the
list is exhausted in accordance with the provisions in paragraphs (I), (2) and
(3) of this Article, the exercising of this right starts again from the top of
the candidates' list, if there are still candidates on the list.
If there are no
candidates left on the list of candidates and if the bases for acquiring a
Member of Parliament mandate, set forth in Article 102 of this Law have been
exhausted, by-elections in the election district in which the Member of
Parliament was elected, shall be announced.
IX. FUNDS FOR
CONDUCTING ELECTIONS
(1) The
Parliament upon a proposal of the State Election Commission, prior to the
announcement of the elections, shall pass a Financial Plan, which shall
determine the expenses for the conduct of the elections and the compensations
for the members of the bodies for the conduct of the elections.
(2) The funds
for conducting elections shall be provided for from the Budget of the
(3) Two thirds
of the resources intended for the elections shall be used to cover the expenses
related to the election activities of the bodies in charge of conducting the
elections.
(4) One third
of the funds intended for conducting the elections shall be used to cover part
of the expenses incurred by the election campaign organizers whose candidates
have been elected Members of Parliament.
X. PROTECTION
OF THE RIGHT TO VOTE
(I) The
procedure for the protection of the right to vote shall be considered urgent.
(2) Submissions
(objections and complaints) for the protection of the right to vote shall be
submitted to the competent bodies through the organs that have made previous
decisions.
(3) The second
instance decisions of the competent bodies shall be considered final.
(I) Each
submitter of a list of candidates in the procedure for voting, summing up and
determining the results of the voting, has the right to file an objection with
the State Election Commission.
(2) An
objection referred to in paragraph (I) of this Article shall be submitted
within 48 hours of the time the irregularities have been found.
(3) The State
Election Commission is obliged to reach a decision within 48 hours after it has
received an objection.
(4) A complaint
may be lodged against the decision of the State Election Commission before the
Supreme Court of the
(5) The
complaint shall be lodged through the State Election Commission.
(I) If any
voter or submitter of a list of candidates notices irregularities in the election
procedure, he may lodge an objection with the Regional Election Commission
within 48 hours.
(2) The
Regional Election Commission is obliged to reach a decision within 48 hours
after the receipt of the objection.
(3) A complaint
against the decision of the Regional Election Commission may be lodged before
the competent Court of Appeals within 48 hours after the receipt of the
decision through the Regional Election Commission.
(I) The Supreme
Court of the
(2) The Supreme
Court of the
(3) The Supreme
Court of the
XI. OBSERVING
THE ELECTIONS
The elections
and the election procedure may be observed by:
registered
domestic and foreign associations of citizens of the
international
organizations; and
representatives
of foreign countries.
(2) The State
Election Commission shall determine the procedure for conducting an observation
mission.
(1) The
organizations and persons referred to in Article 109 of this Law may observe
after obtaining accreditations from the State Election Commission.
(2) The
requests for observation shall be submitted to the State Election Commission
together with the necessary identification documents from the day the elections
are announced until 10 days before voting day.
(3) The State
Election Commission shall issue identification documents to the observers no
later than 7 days after the receipt of the request.
(4) If the
observers start to support some candidate or party, the State Election
Commission may revoke the authorization to observe from the entities referred
to in Article 109 of this Law.
XII. PENALTY
PROVISIONS
A person
preventing the elections and voting, violating and misusing the right to vote,
violating the voter's freedom of choice, bribing at the elections and voting,
destroying electoral documents and committing election fraud, shall be punished
pursuant to the provisions of the Criminal Code.
A person
committing the offence of participating in the election campaigns in his uniform
will be fined from 20,000 to 50,000 denars (Article 7 of this Law).
(I) A political
party committing the offence of not complying with the deadline referred to in
Article 48, paragraph 1 of the this Law shall be fined from 200,000 to 300,000
denars.
(2) A candidate
or any other natural person shall also be fined from 20,000 to 50,000 denars
for acts referred to in paragraph 1 of this Article.
A natural
person committing the offence of preventing and obstructing the campaign shall
be fined from 20,000 to 50,000 denars (Article 50 of this Law).
A fine of
200,000 to 300,000 denars shall be paid by the public medium that:
does not
provide equal presentation of the candidates for Members of Parliament,
political parties, voters' groups and their programs referred to in Article 51,
paragraph (1) of this Law;
does not accept
and announce in a timely manner the roles of paragraph (2) of Article 51 of
this Law;
publishes
public opinion polls in a period of 5 days prior to the Election Day referred
to in Article 52, paragraph (1) of this Law; and
announces the
election propaganda information without stating that the information in
question is a paid advertisement referred to in Article 53 of this Law.
(2) The editor-in-chief
shall also be fined from 20,000 to 50,000 denars for an offence referred to in
paragraph (1) of this Article.
A fine of
20,000 to 50,000 denars shall be imposed for the following offences:
for the editor
in chief of the medium publishing a public opinion poll for a candidate without
stating the information referred to in Article 52, paragraph (2);
for the editor
in chief of the medium if he publishes an election propaganda announcement
without publishing the person who ordered it. (Article 52, paragraph (2) of
this Law).
The person
responsible for a municipality, or the City of
The organizer
of the electoral campaign shall be fined from 40,000 to 50,000 denars for the offence
of failing to remove the waste of the posters within the deadline determined in
Article 56, paragraph (2) of this Law.
A natural
person destroying or putting up election posters over other election campaign
organizer's posters on places designated for their display shall be fined from
20,000 to 50,000 denars for the offence (Article 56, paragraph (1) of this
Law).
A political
party that fails to report an election rally at least 48 hours prior to its
holding; and organizes a rally contrary to Articles 58 and 59 of this Law,
shall be fined from 200,000 to 300,000 denars for the offence.
The responsible
person of a competent state body, religious community or public institution
allowing the election campaign organizer to organize pre-election rallies
contrary to Article 59 of this Law, shall be fined from 20,000 to 50,000 denars
for the offence.
(1) A political
party failing to submit a report on the election campaign's financing referred
to in Article 61 of this Law, and/or when for the purposes of financing the
election campaign, and/or using funds as described in Article 62 of this Law,
shall be fined from 200,000 to 300,000 denars for the offence.
(2) During the election
campaign, should a political party spend more funds than the amount defined in
Article 63 of this Law, it shall be fined from 200,000 to 300,000 denars for
the offence.
(3) The
responsible person of a political party shall also be fined from 20,000 to
50,000 denars for the activities referred to in paragraphs (1) and (2) of this
Article.
A person
referred to in Article 79, paragraph (1) of this Law, having any marks or
symbols of a political party or a candidate during the time or at the place of
voting, shall be fined from 20,000 to 50,000 denars for the offence.
(1) A natural
person who votes for other persons or on behalf of another person, as well as
one who prevents the presence of the police if there was a need for that
(Articles 74, 76, 77 and 80 of this Law), shall be fined from 40,000 to 50,000
denars for the offence.
(2) An official
person (police officer) who abuses his or her position and causes disorder at
the polling station (Articles 74 and 77) shall be filled from 40,000 to 50,000
denars for the offence.
XIII. FINAL AND
TRANSITIONAL PROVISIONS
Article 125 (1) In the next elections, the candidates for members of the State
Election Commission, Regional Election Commissions, Municipal Election
Commissions and Electoral Boards and their deputies referred to in Article 13,
paragraphs (1) and (4); Article 17, paragraphs (2) and (5); Article 21,
paragraphs (2) and (5); and Article 25, paragraph (4) of this Law shall be
proposed by the political parties in opposition.
(2) Political
parties in opposition shall be considered to be the two political parties, that
did not have members in the Government until the election of the Government of
the Republic of Macedonian on May 13, 2001 and who joined the Government of the
Republic of Macedonia, as elected on May 13,2001, and which in the last
elections for Members of Parliament won the largest number of votes on the
proportional list according to the State Election Commission Report on
determining the results adopted by the Parliament.
(3) In the next
elections, the candidates for members of the State Election Commission,
Regional Election Commissions, Municipal Election Commissions and Electoral
Boards and their deputies referred to in Article 13, paragraphs (2) and (5);
Article 17, paragraphs (3) and (6); Article 21, paragraphs (3) and (6); and
Article 25, paragraph (5) of this Law shall be proposed by the ruling political
parties.
(4) Ruling
political parties shall be considered to be the two political parties that had
members in the Government before the election of the Government of the Republic
of Macedonian on May 13, 2001 and who joined the Government of the Republic of
Macedonia, as elected on May 13, 2001, and which in the last elections for
Members of Parliament won the largest number of votes on the proportional list
according to the State Election Commission Report on determining the results
adopted by the Parliament.
(1) In the next
elections for Members of Parliament, the internally displaced persons in the
country shall vote according to the rules determined in Article 86 of this Law.
(2) The
appointment of the president, members of the State Election Commission, and
their deputies shall be done no later than 30 days following the day this Law
becomes effective.
(3) The
appointment of the president, members of the Regional Election Commissions, and
their deputies shall be done no later than 50 days before Election Day.
(4) The
appointment of the president, members of the Municipal Election Commissions,
and their deputies shall be done no later than 40 days before Election Day.
(5) The
political parties referred to in Article 21 of this Law shall determine and
submit the proposals for members of the Municipal Election Commissions and
their deputies referred to in paragraphs (2), (3), (5) and (6) to the Regional
Election Commission within 5 hours following the receipt of the notification
from the Regional Election Commission.
The Law on
Election of Members of Parliament ("Official Gazette of the
Article 128 This Law shall enter
into force on the eighth day following the day of its publishing in the
"Official Gazette of the