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Law on Elections of Mayors of the Republic of Montenegro () (English)
LAW ON THE ELECTION OF MAYORS
I. GENERAL PROVISIONS
Article 1
Mayors shall be elected by citizens in general elections on the basis of direct and secret ballot.
Article 2
Mayors shall be appointed for a five-year term of office.
Article 3
Any citizen of Montenegro, who in accordance with the law has the right to vote and be elected to office as a municipal councilor, shall have the right to vote and be elected to office as a Mayor.
Article 4
The Municipal Assembly shall call for the election of the Mayor.
The decision to call an election shall detail deadlines for conducting electoral processes as prescribed by law and shall set the date of election.
An election shall be held not later than 15 days prior to the expiry of the Mayor’s term of office.
Not less than 60 (sixty) days and not more than 100 (hundred) days shall pass between the date of calling for the election and the date of Polling Day.
Article 5
The Municipal election commission and Polling Boards in charge of the election of municipal councilors shall conduct the procedure for the election of Mayors.
The Municipal election commission is responsible for ensuring that the election is conducted legally, for undertaking the logistical aspects of the administration of the election and definition of the content of forms in compliance with the present Law.
Article 6
The funds for conducting the election of Mayors shall be provided for in the municipal budget.
Article 7
The Municipal election commission, the Constitutional Court of the Republic of Montenegro and the competent courts shall be responsible to protect the suffrage in the process of election of Mayors.
II. NOMINATION OF CANDIDATES
Nomination procedure
Article 8
A political party, coalition of political parties and group of citizens (hereinafter: referred to as “submitter of the nomination”) may nominate a candidate for the office of - Mayor on the basis of signature of at least 3% of citizens who have the right to vote and be elected to the office of a municipal councilor (hereinafter referred to as “voter”).
The percentage from paragraph 1 of this Article shall be calculated pursuant to data on the number of voters in elections that preceded the decision on calling for the election of a Mayor.
Article 9
A submitter of the nomination is entitled to nominate only one candidate for the office of a Mayor.
A voter may, by way of his or her signature, support only one candidate for the office of a Mayor.
Voters’ signatures
Article 10
Voters’ signatures supporting a candidate for the office of a Mayor shall be made on a prescribed form which shall contain: the name and surname of a candidate, date of birth, profession, central register number or ID number and address of his/her permanent residence. The same form shall also contain the above noted information for each and every signatory of the nomination.
Submission of the nomination
Article 11
The nomination of candidates for the office of a Mayor shall be submitted to the Municipal election commission not later than 25 days prior to the Polling Day.
The nomination of candidates from paragraph 1 of this Article shall be accompanied by:
1) a written statement of the candidate in terms of which he/she accepts the nomination;
2) certificate of candidate’s right to vote;
3) certificate of candidate’s permanent residence;
4) list of signatures of voters supporting the nomination.
The candidate may withdraw from candidacy not later than 15 days before the Polling Day.
Article 12
Immediately upon receipt of nominations, the Municipal election commission shall establish whether the nomination has been submitted in due time and in accordance with the law.
If the Municipal election commission finds that the nomination has not been submitted timorously, it shall issue a decision dismissing such a nomination.
If the Municipal election commission finds that the nomination contains certain shortcomings, it shall issue within 48 hours of receipt of the nomination a resolution ordering the submitter of the nomination to remedy the shortcomings within 48 hours of the delivery of such a resolution.
The resolution from paragraph 3 of this Article shall indicate which action the submitter of the nomination requires to undertake in order to remedy the shortcomings.
If the Municipal election commission finds that the shortcomings have not been removed or have not been removed within the specified time, it shall issue within the following 24 hours a decision rejecting the nomination.
Article 13
If the Municipal election commission finds that a nomination has no shortcomings or that shortcomings have been remedied, it shall pass a decision confirming and proclaiming the nomination as valid.
The decision referred to in paragraph 1 of this Article shall be delivered to the submitter of the nomination without delay.
List of Candidates
Article 14
The Municipal election commission shall establish a single list of candidates for office as a Mayor within 48 hours of expiry of the deadline hereinbefore provided in terms of Article 11 paragraph 1 of the present law.
The Municipal election commission shall determine the order of candidates on the single list of candidates by drawing lots, in the presence of authorized representatives of submitters of nomination.
Article 15
Immediately upon establishing the list of candidates, and not later that 15 days prior to Polling Day, the Municipal election commission shall publish the list of candidates in the “Official Gazette of the Republic of Montenegro - municipal regulations”, daily newspapers , local radio and TV stations that are founded by the municipality.
If a candidate dies in the period between the publication of the list and the Polling Day, a political party may nominate a new candidate in which case the voters’ signatures shall not be required and Polling Day shall be postponed for 14 days.
III. ELECTION OF MAYORS
Subsidiary application of the Election Law
Article 16
Provisions of the Law on the Election of Councilors and Representatives related to suffrage; establishment and publication of the list of candidates; presentation of candidates; administration of the election; form and content of a ballot; voting at a polling station and outside the polling station and protection of suffrage shall be applied as subsidiary rules to the election of Mayors, unless otherwise provided for in the present law.
Voting
Article 17
Voting for the election of Mayors shall be effected by way of a ballot paper.
The ballot paper shall contain the following, namely:- a remark stating that the voters are to cast their votes for the election of a Mayor; the christian name and surname of the candidates according to the order determined on the single list of candidates; the name of the political party or coalition of political parties which have nominated the candidate, and if the candidate is nominated by a group of citizens, the remark “independent candidate” shall be detailed after his/her name and surname.
Candidates shall be listed in numerical order.
Each ballot paper shall be certified by the stamp of a Municipal election commission.
The Municipal election commission shall prescribe the content and layout of ballot papers and determine the manner, venue and control of printing and distribution of ballot papers, as well as the destruction of matrices.
Article 18
A voter shall cast his/her vote by circling the number of the name and surname of the chosen candidate, or by circling his/her name and surname.
A voter may cast his vote for only one candidate.
A voter who is not able to cast his/her vote at the polling station (due to age, invalidity, sickness or hospital treatment) shall inform the Polling Board about his/her intention to vote.
The request for homebound voting requires to be signed by such a voter.
Article 19
Unmarked ballot papers and ballot papers marked in such a way that it is not clear which candidate a voter has voted for shall be deemed invalid.
Ballot papers in respect of which two or more candidates have been circled, or the name of a new candidate has been added shall be deemed invalid.
Article 20
After voting has concluded, Polling Boards shall establish the election results in their respective polling stations and submit a report, including a record of work, to The Municipal election commission within 12 hours of the closing of the polling station.
The Municipal election commission shall establish the preliminary results for the election of Mayors within 12 hours of the delivery of reports by Polling Boards.
Article 21
The Municipal election commission shall establish final results for the election of Mayors within 12 hours of the expiry of the deadline for filing a complaint, or appeal or after the decision issued in regard of the complaint or appeal has become final and enforceable.
Article 22
A candidate who obtains more than half of the valid votes cast shall be elected Mayor.
Article 23
If none of the candidates obtain the number of votes provided for in terms of Article 22 of the present law, a second round of voting shall be organised within 14 days.
In the second round of voting the voters shall cast their vote for one of the two candidates who obtained the highest number of votes cast during the first round.
In the second round of voting, a candidate who obtains the majority of votes shall be elected.
In the event that both candidates in the second round of voting obtain an equal number of votes, the voting shall be repeated between these two candidates.
Article 24
If a candidate in terms of Article 23 paragraph 2 of the present law withdraws his/her candidacy, the candidate who obtained the third largest number of votes in the first round of voting shall have the right to run in the second round of voting.
Article 25
If a Candidate, who is entitled to run in the second round of voting, dies prior to or on the day scheduled for the second round, the entire election process shall be repeated and a decision on calling for a new election shall be passed within 14 days of the date of death.
Announcement of Election Results
Article 26
The Municipal election commission shall publish final results for the election of Mayors in the “Official Gazette of the Republic of Montenegro-municipal regulations” and in local media founded by the respective municipality.
The Mayors shall be sworn into office by way of a solemn declaration in the presence of municipal councilors.
Article 27
Candidates for office of a Mayor and submitters of nominations shall not be entitled to make a transcript or photocopy of used election materials and shall not be entitled to retain any such materials.
IV. RECALL OF MAYORS
Article 28
When the procedure for recall of a Mayor has been initiated in accordance with the law, the Municipal Assembly shall issue a special decision setting the date of voting and other issues pertinent to the procedure of recall.
The vote on recall shall be conducted within the deadline, which may not be shorter than 45 and longer than 60 days from the date that the decision in terms of paragraph 1 of this Article was issued.
Article 29
A vote on recall shall be conducted in polling stations.
The Municipal election commission shall appoint members of the Polling Boards not later than 7 days prior to a vote on recall.
Article 30
The Municipal election commission shall announce a vote on recall and display a notice of such a vote in polling stations.
The notice issued in terms of paragraph 1 of this Article shall contain the name and surname of the Mayor who is subject to the recall, the justification for the recall and the date of the vote.
For the purpose of paragraph 1 of this Article, such an announcement shall be conducted in a manner and in accordance with the procedure stipulated in Article 15 of the present law.
Article 31
Not later than 15 days prior to the date of the vote on recall, the Mayor and the submitter of the proposal for the recall may notify the Municipal election commission of one authorized representative for each of the Poling Boards and the Municipal election commission.
Voters residing on the territory of the municipality in which the vote on the recall takes place may only be proposed as authorized representatives of the Mayor and the submitter of the proposal for recall.
The Municipal election commission shall issue, within 48 hours, certificates to persons from paragraph 1 of this Article allowing them to participate in the work of the Municipal election commission and Polling Boards.
Article 32
The ballot papers for the vote on recall shall contain the name and surname of the Mayor who is subject to the vote on recall. The words “FOR RECALL” and “AGAINST RECALL” shall be under noted.
A voter shall cast his/her vote by circling either the word “FOR RECALL” or “AGAINST RECALL”.
Article 33
The Mayor shall be deemed to be recalled from office if more than half of the valid ballots cast were in favor of the recall.
The Municipal election commission shall announce the results using the method stipulated in terms of Article 26 of the present law.
V. VOTE OF NO CONFIDENCE IN MAYORS
Procedure
Article 34
Provisions of the present law regulating the recall shall apply accordingly to the procedure for the vote of no confidence in Mayors, unless otherwise provided for by the present law.
Voting
Article 35
The ballot papers for the vote of no confidence in Mayors shall contain the name and surname of the Mayor in respect of whom the vote of no confidence is called, The words “CONFIDENCE” and “NO CONFIDENCE” shall be printed immediately thereunder.
A voter shall cast his/her vote by circling either the word “CONFIDENCE” or “NO CONFIDENCE”.
VI. FINANCING THE ELECTION
Article 36
Funds for the election, recall and vote of no confidence in respect of Mayors shall be provided in the municipal budget.
Candidates for office of a Mayor who obtain at least 10% of votes cast shall be entitled to a fee equal to the costs of the election campaign.
The amount of the fee in terms of paragraph 2 of this Article shall be defined by the Mayor not later than 30 days prior to Polling Day.
VII. PROTECTION OF SUFFRAGE
Article 37
Any voter, candidate and submitter of nomination for office of a Mayor shall be entitled to lodge a complaint in respect of the violation of his/her suffrage.
The Municipal election commission shall decide upon the complaint submitted in terms of paragraph 1 of this Article within 48 hours of receipt of such a complaint.
Article 38
Any complaint against a decision, act or omission of a polling board shall be lodged with the Municipal election commission within 48 hours of occurrence of said decision, act or omission.
The Municipal election commission shall pass a decision within 24 hours of receipt of a complaint and deliver it to the submitter.
If the Municipal election commission accepts the complaint, it shall annul such a decision or an action.
If the Municipal election commission fails to decide upon the complaint within the prescribed deadline, the complaint shall be deemed upheld.
Article 39
An appeal may be filed with the Constitutional Court against rulings of the Municipal election commission on dismissal or rejection of a complaint, or against decisions, actions or omissions of the Municipal election commission.
VIII. PENAL PROVISIONS
Article 40
It shall be a criminal offence for any person, in the furtherance of campaigning, to provide a candidate for the office of Mayor or the submitter of nomination with the opportunity to illegally use the facilities, financial resources, vehicles, technical instruments or other property of the Ministry of Interior, of any other Ministries or governmental bodies, judicial bodies, public enterprises and institutions, enterprises in respect of which the State has a majority capital holding, the Army and any other military bodies and of any of the various bodies of local self-government. Such a person shall be convicted and sentenced to a term of imprisonment not more than 1 (one) year.
Article 41
It shall be a criminal offence for any member of an entity specified in Article 40 paragraph 1 to exert pressure or influence upon an employee or voter, to induce or compel him/her to vote or not to vote, to call him/her to account for voting or not voting, or to demand him/her to confirm the way he/she voted, or why he/she has not voted. Such a member shall be convicted and sentenced to a term of imprisonment of not less than 3 (three) months and not more than 3 (three) years.
IX. TRANSITIONAL AND FINAL PROVISIONS
Article 42
The Municipal election commission shall within 90 days of the day the present law enters into force enact formats for the purpose of implementation of the present law.
Article 43
The election of Mayors in accordance with the present law shall be held simultaneously with the first forthcoming election for the municipal councilors.
Article 44
The present law shall enter into force on the eighth day of its publication in the “Official Gazette of the Republic of Montenegro”.