IZBORNI ZAKON

PREAMBLE

In accordance with Article II 1, Article IV 1., 2. and 4.a. and the Article V 1.a of the Constitution of Bosnia and Herzegovina and the Article V of the Annex 3. (Agreement on Elections) Of General Framework Agreement for Peace in Bosnia and Herzegovina for the purposes of promoting the free, fair and democratic elections and to ensure the achievement of democratic goals, the Parliamentary Assembly of Bosnia and Herzegovina on the session of the House of Representatives held on 21 August2001 and on the session of the House of People held on 23 August2001 adopted the

Election Law of Bosnia and Herzegovina

Chapter 1

General Provisions

Article 1.1

This law shall regulate the election of the members and the delegates of the Parliamentary Assembly of Bosnia and Herzegovina and of the members of the Presidency of Bosnia and Herzegovina and shall stipulate the principles governing the elections at all levels of authority in Bosnia and Herzegovina.

Article 1.2

The cost and expense for the conduct of the elections shall be provided for in the budgets of the institutions of Bosnia and Herzegovina and international obligations of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, the Republika Srpska, the District of Brčko, the cantons, the cities and the municipalities, depending on the level for which the elections are conducted.

Article 1.3

The election of members of all bodies of authority shall be made on the basis of general and equal voting rights by direct and secret ballots, unless otherwise stipulated by this law.

Article 1.4

Each citizen of Bosnia and Herzegovina who has attained eighteen (18) years of age shall have the right to vote and to be elected (hereinafter, right to vote) pursuant to this law.

To exercise his or her right to vote, a citizen must be registered as a voter, pursuant to this law.

A person can be registered in the Central Voters Register for only one municipality.

Article 1.5

All citizens of Bosnia and Herzegovina who have the right to vote shall have the right to register and to vote in person in the municipality where they have their permanent place of residence.

A citizen of Bosnia and Herzegovina who temporarily resides abroad and has the right to vote, shall have the right to register and to vote in person or by mail, for the municipality where the person had a permanent place of residence prior to his or her departure abroad, provided he or she is registered as a permanent resident in that municipality at the moment of his or her application for registration. The proof of residence shall rest upon the applicant. If the proof of residence is not attached to the application, this application will be rejected.

A citizen of Bosnia and Herzegovina who holds dual citizenship pursuant to Article 1(7)(d) of the Constitution, shall have the right to register and to vote, only if Bosnia and Herzegovina is the country of his or her permanent residence.

Article 1.6

No person who is serving a sentence imposed by the International Tribunal for the former Yugoslavia, and no person who is under indictment by the Tribunal and who has failed to comply with an order to appear before the Tribunal, may register to vote or stand as a candidate (the candidate for the purpose of this Law refers to persons of both genders) or hold any appointive, elective or other public office in the territory of Bosnia and Herzegovina.

As long as any political party or coalition maintains such a person in a political party position or function as established in the previous paragraph, that party or coalition shall be deemed ineligible to participate in the elections.

Article 1.7

No person who is serving a sentence imposed by a Court of Bosnia and Herzegovina, a Court of the Republika Srpska or a Court of the Federation of Bosnia and Herzegovina and the Court of the District of Brcko or has failed to comply with an order to appear before a Court of Bosnia and Herzegovina, a Court of the Republika Srpska or a Court of the Federation of Bosnia and Herzegovina and the Court of the District of Brcko for serious violations of humanitarian law where the International Criminal Tribunal for the Former Yugoslavia has reviewed the file prior to arrest and found that it meets international legal standards may register to vote or stand as a candidate or hold any appointive, elective or other public office in the territory of Bosnia and Herzegovina.

Article 1.8

Judges of regular and Constitutional courts, prosecutors and their deputies, attorneys and their deputies holding public office, Ombudsmen and their deputies, members of the Human Rights Courts/Chambers/Councils, members of police and armed forces, including, but not limited to, the Finance Police, Judicial Police, State Border Service, and members of internal security and intelligence agencies, and diplomatic and consular representatives of Bosnia and Herzegovina abroad, may stand as a candidate for public elected office only if they resign from their position.

It is incompatible to hold at the same time more than two (2) public directly or indirectly elected offices. It is also incompatible to hold at the same time one directly or indirectly elected office and one position in an executive body of authority. It is also incompatible to hold more than one position in an executive body of authority.

A person may not hold public elected office in Bosnia and Herzegovina and at the same time hold any public elected or politically appointed office in another country. A person holding any elective or politically appointed office in another country shall be obliged to relinquish, within forty-eight (48) hours after the verification of his or her mandate in Bosnia and Herzegovina, one of the two (2) offices he or she holds. A person who holds any public elected office in Bosnia and Herzegovina and is elected to or appointed to a politically appointed office in another country, shall be obliged to relinquish his or her mandate in Bosnia and Herzegovina, within forty-eight (48) hours after the election or appointment in another country.

For the purpose of this article, an executive office notably includes the Presidency of Bosnia and Herzegovina, the Council of Ministers of Bosnia and Herzegovina, the President and Vice Presidents of the Federation of Bosnia and Herzegovina, the President and Vice Presidents of the Republika Srpska, the government of the Federation of Bosnia and Herzegovina including the Prime Minister, the government of the Republika Srpska including the Prime Minister, the government of the District of Brcko, the President of the Canton, the Cantonal government, the Mayor of a city, the Deputy Mayor of a city, the city government, the Mayor of a municipality, the Deputy Mayor of a municipality, the Mayor’s cabinet, and other executive functions as defined by law.

Article 1.9

A mandate belongs to the elected office holder and not to the political party, coalition or list of independent candidates which nominated him or her on the candidates list. The mandate cannot be terminated except where prescribed by law.

Article 1.10

The term of office of an elected member of a body of authority at all levels shall terminate before the expiration of the mandate for which he or she was elected if:

1. he or she resigns;

2. he or she dies;

3. under a valid court decision he or she has been sentenced to a prison term of six (6) months or longer;

4. under a valid court decision he or she has been deprived of the ability to engage in business activities (declared mentally incompetent);

5. he or she is elected or appointed to an office which is incompatible with the office of an elected member of a certain body as stipulated by law;

6. for a period of at least two (2) years, he or she has ceased to be registered to vote in the electoral unit from which he or she was elected; or

7. for a reason stipulated by law that he or she loses the right to be elected.

The mandate of an elected member of a body of authority at any level shall terminate on the day when one of the reasons for termination established by law occurs. The competent body shall, no later than three (3) days after the reason for termination of the mandate has occurred or become known, confirm the termination of the mandate. If the member resigns, the resignation shall be completed on a form produced by the Election Commission of Bosnia and Herzegovina.

Article 1.11

Candidates of all political parties, coalitions, lists of independent candidates as well as independent candidates and other participants in the election process shall have full freedom to carry out activities during the election campaign in the whole territory of Bosnia and Herzegovina. Competent authorities shall ensure that no obstacles impede freedom of movement of candidates, supporters and voters during the entire electoral process.

No person may be arrested or detained during the period starting sixty (60) days prior to election day and on the day of election for investigation or prosecution of serious violations of international humanitarian law unless: (1) the person has been indicted by the International Criminal Tribunal for the Former Yugoslavia (ICTY); or (2) the person has failed to comply with an order to appear before a Court of Bosnia and Herzegovina, a Court of the Republika Srpska, a Court of the Federation of Bosnia and Herzegovina and a court of the District of Brčko for serious violations of humanitarian law where the International Criminal Tribunal for the Former Yugoslavia has reviewed the file prior to arrest and found that it meets international legal standards.

Article 1.12

Competent bodies at all levels of authority shall not discriminate against a person because of his or her affiliation to a political party or coalition, or because of his or her support for an independent candidate or a list of independent candidates.

Article 1.13

The application for certification to participate in the elections shall include a statement signed by the President of a political party, coalition or the independent candidate(s) stating that the activities of the political party, coalition or the independent candidate(s) will comply with the General Framework Agreement for Peace in Bosnia and Herzegovina.

Article 1.14

The elections at all levels of authority in Bosnia and Herzegovina shall be held on the first Saturday in October unless that date conflicts with observance of a religious holiday of one of the constituent peoples of Bosnia and Herzegovina. Any election that cannot be held on the first Saturday in October because of a conflict with a religious holiday shall be scheduled by the Election Commission of Bosnia and Herzegovina for the Saturday closest to the first Saturday in October, which does not conflict with a religious holiday.

At least one hundred and seventy (170) days prior to the holding of an election, the Election Commission of Bosnia and Herzegovina shall notify all competent authorities at all levels when an election shall be conducted, unless otherwise provided by Chapter 13 of this law.

Notwithstanding the deadline of at least one hundred and seventy (170) days established in the previous paragraph of this Article for notification to be given by the Election Commission of Bosnia and Herzegovina to all competent authorities at all levels when an election shall be conducted, for the first elections to be conducted under the provisions of this Election Law, this deadline shall be at least one hundred and sixty nine (169) days prior to the holding of an election.

The Election Commission of Bosnia and Herzegovina shall publish the dates of the elections for all levels of authority in the “Official Gazette of Bosnia and Herzegovina,” Entity official gazettes, “Official Gazette of the District of Brcko” and in the media.

Chapter 2

Competent Authorities Responsible for the

Conduct of Elections

Article 2.1

The competent authorities responsible for the conduct of elections are the election commissions and the Polling Station Committees.

The election commissions and the Polling Station Committees shall be independent and impartial in their work. No member of an election commission or a Polling Station Committee shall participate in the decision of a case in which the member and/or a close family member has a personal or financial interest or other conflict of interest, which may raise doubt as to the ability of the member to act impartially. A “close family member” is defined in Article 14.7 of this law.

All bodies of authority at all levels, officials in Bosnia and Herzegovina and Embassies and Consulate Offices of Bosnia and Herzegovina shall be obliged to assist the competent authorities responsible for the conduct of elections.

Article 2.2

Members of election commissions and Polling Station Committees shall be persons eligible to vote.

Members of election commissions and Polling Station Committees shall be persons with appropriate expertise and experience in the administration of elections.

The Election Commission of Bosnia and Herzegovina shall determine what the required qualifications are for members of election commissions and Polling Station Committees established in the previous paragraph.

Article 2.3

No person can be appointed as a member of an election commission or Polling Station Committee who:

1. is not eligible to stand as a candidate in accordance with Articles 1.6 and 1.7 of this law;

2. is a member of the highest executive political body of a political party or coalition: a president, deputy president, the general secretary, secretary or members of the executive board or the central committee;

3. holds an elected mandate or is a member of an executive body of authority except as provided for in Article 2.12 of this law;

4. stands as a candidate for the elections at any level of authority; or

5. has been sanctioned for a serious violation of the electoral laws or regulations where the person was found to be personally responsible for the violation, in the previous four (4) years, starting from the day the decision became final.

The Election Commission of Bosnia and Herzegovina shall decide if the severity of the violation and the personal responsibility of the individual as stated in paragraph 5 of this article prohibits the person from being a member of an election commission or a Polling Station Committee.

Article 2.4

Except as provided for in Article 2.12 of this law, the election commission members shall be appointed for a period of five (5) years and members may only be appointed to the same election commission for two (2) consecutive terms of office, unless otherwise specified by this law.

Polling Station Committee members shall be appointed for each election.

Article 2.5

Except in the case regulated by Article 18.1 of this law, the Election Commission of Bosnia and Herzegovina shall consist of seven (7) members: two (2) Croats, two (2) Bosniacs, two (2) Serbs, and one (1) other member. The nominees for the Election Commission of Bosnia and Herzegovina shall be jointly nominated by the members of the Commission for the Appointment of Judges of the Court of Bosnia and Herzegovina and members of the Election Commission of Bosnia and Herzegovina (under the joint name the Commission for Selection and Nomination). The Election Commission of Bosnia and Herzegovina nominees shall be legal experts with experience in the administration of elections and/or electoral experts.

The Commission for Selection and Nomination shall meet in its full composition for the purpose of decision making on issues of appointments regulated by this Law. In accordance with the provisions of this Law, the announcement and nomination procedure shall follow the Rules of Procedures established by the Election Commission of Bosnia and Herzegovina. A decision on the appointment of nominees for the election Commission of Bosnia and Herzegovina shall be made by two third (2/3) majority vote.

In accordance with its procedures, the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina shall elect members of the Election Commission of Bosnia and Herzegovina from the list of nominees. If this list is not submitted to the House of Representatives thirty (30) days prior to the expiration of the mandates of the members of the Election Commission of Bosnia and Herzegovina, then the House of Representatives of Bosnia and Herzegovina shall nominate and elect the members of the Election Commission of Bosnia and Herzegovina.

In the event a member of the Election Commission of Bosnia and Herzegovina cannot perform his/her duties as established in Article 2.15 of this law the Election Commission of Bosnia and Herzegovina shall notify the House of Representatives. The House of Representatives of Bosnia and Herzegovina shall in this case appoint a new member who is of the same Constituent Peoples including others as the previous member. A new member shall be appointed from the list of nominees submitted by the Commission for Selection and Nomination of Bosnia and Herzegovina.

Article 2.6

The President of the Election Commission of Bosnia and Herzegovina shall be elected from amongst its members. One Croat, one Bosniac, one Serb and the other member of the Election Commission of Bosnia and Herzegovina shall each serve as the President for one fifteen (15) month rotation in a five (5) year period.

Article 2.7

The Election Commission of Bosnia and Herzegovina shall establish Regulations which regulates its work including the election of its President.

Article 2.8

Members of the Election Commission of Bosnia and Herzegovina shall have immunity and shall not be held accountable in criminal or civil proceedings in the course of the work of the Election Commission of Bosnia and Herzegovina. The House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina may revoke the immunity of a member of the Election Commission of Bosnia and Herzegovina after receiving a recommendation of removal of immunity by the Election Commission of Bosnia and Herzegovina.

Article 2.9

The Election Commission of Bosnia and Herzegovina is an independent body, which derives its authority from and reports directly to, the Parliamentary Assembly of Bosnia and Herzegovina. The Commission shall:

1. co-ordinate, oversee and regulate the lawful operation of all election commissions and Polling Station Committees in accordance with this law;

2. issue administrative Regulations for the implementation of this law;

3. propose a budget for the Election Commission of Bosnia and Herzegovina and the Secretariat and report on its spending;

4. be responsible for establishment, accuracy and maintenance of the Central Voters Register for the territory of Bosnia and Herzegovina;

5. certify the participation of political parties, coalitions, lists of independent candidates and independent candidates for all levels of elections in Bosnia and Herzegovina;

6. verify and certify the lists of candidates for all levels of elections in Bosnia and Herzegovina;

7. be responsible for the timely printing, distribution and security of ballots and forms for all levels of elections in Bosnia and Herzegovina;

8. define the contents and the form of the ballot for all levels of elections in Bosnia and Herzegovina;

9. verify, certify and publish election results for all levels of elections in Bosnia and Herzegovina;

10. issue certificates to persons who receive mandates;

11. notify an election commission or Polling Station Committee that it does not comply with or violates a provision of this law and order the remedial action required to be taken by the competent body;

12. publicize all Rules of Procedure, Regulations and election results, voter information and all other information necessary for the implementation of this law and all electoral laws, in the Official Gazettes and the media, both inside and outside Bosnia and Herzegovina as appropriate;

13. conduct all election activities for the elections for the members of the Presidency of Bosnia and Herzegovina and the members of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina;

14. review the termination of a mandate of an elected official by the competent body of authority at all levels in order to ensure that the elected official’s mandate was terminated in accordance with law and in the case where a member resigns that it is of his or her own volition;

15. report annually to the Parliamentary Assembly of Bosnia and Herzegovina on the state of electoral administration in Bosnia and Herzegovina, the implementation of this law and any proposed amendments to this law; and

16. perform all other duties as authorised by law.

Article 2.10

The Election Commission of Bosnia and Herzegovina may annul elections in an electoral unit or at an individual Polling Station if it is established that irregularities occurred, during the voting or counting of ballots, which may affect the election results.

Article 2.11

The Election Commission of Bosnia and Herzegovina shall establish a Secretariat to carry out its professional, administrative and operational duties. The Election Commission of Bosnia and Herzegovina Secretariat shall also carry out the professional, administrative and operational duties for the Election Complaints and Appeals Council and the Appeal Council.

The Election Commission of Bosnia and Herzegovina Secretariat shall have a General Secretary who is appointed by the Election Commission of Bosnia and Herzegovina.

Article 2.12

A Municipal Election Commission shall consist of between three (3) or five (5) members.

The Election Commission of Bosnia and Herzegovina shall determine the number of the Municipal Election Commission members in accordance with the number of the registered voters and the size of a municipality.

Other criteria may be used by the Election Commission of Bosnia & Hercegovina to determine the number of Municipal Election Commission members.

The member of the Municipal Election Commission can be: the president of a regular Court, the Secretary of the Municipal Council/Municipal Assembly, persons professionally employed in Municipal administration and other persons if they meet the conditions established in the Article 2.2 of this Law, and they do not have the obstacles from the Article 2.3 of this Law.

The members of the Municipal Election Commission shall be appointed by the Municipal Council/Municipal Assembly, subject to the approval of the Election Commission of Bosnia and Herzegovina.

Amongst the members of the Municipal Election Commission from the previous paragraph the Municipal Council/Assembly shall appoint the President, subject to the approval of the Election Commission of Bosnia and Herzegovina.

Article 2.13

The Municipal Election Commission shall:

1. ensure that all candidates lists for a Municipal Council/Municipal Assembly are made in accordance with the law, and forward them to the Election Commission of Bosnia and Herzegovina for its approval;

2. monitor the work of competent municipal bodies for the administration of the elections, including the process of voter registration;

3. designate Polling Stations in the territory of the municipality for voting on all levels of authority in Bosnia and Herzegovina;

4. appoint and train the members of the Polling Station Committees;

5. ensure the security of, and deliver to the Polling Station Committees the polling material for voting at all levels of the elections in Bosnia and Herzegovina;

6. as directed by the Election Commission of Bosnia and Herzegovina notify voters of information necessary for the administration of elections;

7. be responsible for the technical arrangements at the Polling Station and any other technical preparations for the elections;

8. be responsible for the proper conduct of the counting of ballots at Polling Stations and municipal counting centres;

9. compile the results of elections from all Polling Stations in the municipality, separately for each body for which elections were administered and forward the results to the Election Commission of Bosnia and Herzegovina; and

10.perform all other tasks as authorised by law and by the Regulations of

the Election Commission of Bosnia and Herzegovina.

Article 2.14

The composition of an election commission or Polling Station Committee should be multiethnic, reflecting the population of the constituent peoples including others bearing in mind the most recent national Census at the electoral unit for which it is formed.

If the election commission or Polling Station Committee is not composed in accordance with the previous paragraph, the Election Commission of Bosnia and Herzegovina shall annul the appointment of the members and inform the appointing body. The appointing body shall within seven (7) days of the decision of the Election Commission of Bosnia and Herzegovina reappoint the body in compliance with the criteria established in the previous paragraph.

If the election commission or Polling Station Committee is not properly constituted again, the Election Commission of Bosnia and Herzegovina shall appoint the members of the election commission or Polling Station Committee in accordance with paragraph 1 of this article.

Article 2.15

In the event a member of an election commission resigns, dies, becomes incapacitated, is removed from the commission or cannot be a member of a election commission or Polling Station Committee as established in Article 2.3 of this law, the new member of the body shall be appointed in the same manner that the previous member was appointed. The term of appointment shall expire when the previous member’s appointment would have expired.

Article 2.16

If a member of an election commission has a prolonged absence without a valid reason, obstructs the work of the commission or violates this law or regulations, the election commission may recommend to the appointing body the removal of the member by a two-thirds (2/3) vote of the total number of members of the election commission. For the purposes of this article the appointing body for the Municipal Election Commissions is the Election Commission of Bosnia and Herzegovina.

Article 2.17

Except as established by Regulations of the Election Commission of Bosnia and Herzegovina, all election commission meetings shall be public. The election commissions shall ensure that the public is notified of their meetings in a timely manner.

Article 2.18

Election commissions and Polling Station Committees, except for the Election Commission of Bosnia and Herzegovina, shall make decisions by a simple majority of the total number of members, except as otherwise stipulated by this law.

Except as otherwise provided by this law, the Election Commission of Bosnia and Herzegovina shall make a decision by a two-thirds (2/3) vote of the total number of the members. If a decision cannot be reached by a two-thirds (2/3) vote of the total number of members at the first meeting, then at the second meeting a majority of the members shall make the decision.

Article 2.19

The Polling Station Committee shall consist of a President and of two (2) or four (4) members. The President and the members of the Polling Station Committee shall have deputies. The appointment of the members of the Polling Station Committee and their deputies shall be made by the Municipal Election Commission no later than fifteen (15) days prior to the date of the election. If the Municipal Election Commission does not appoint the members of the Polling Station Committee and their deputies in accordance with this article, then the Election Commission of Bosnia and Herzegovina shall appoint the members of the Polling Station Committee and their deputies.

The President shall manage and be responsible for the lawful work of the Polling Station Committee.

Article 2.20

The Polling Station Committee shall directly manage the conduct of the Polling Station, ensure the regularity and secrecy of the ballot and record the election results at the Polling Station.

The President of the Polling Station Committee shall ensure that the voting process at a Polling Station proceeds without impediments, in accordance with Chapters 5 and 7 of this law.

Article 2.21

Entity Election Commissions shall be created by Entity law in accordance with this law. Their competencies shall be determined by the Election Commission of Bosnia and Herzegovina in accordance with this law.

The manner of election and the composition of all other election commissions shall be determined by Entity law and in accordance with the provisions of this law.

Chapter 3

Voters Register

Article 3.1

A citizen of Bosnia and Herzegovina, aged eighteen (18) or older, exercises his or her right to vote based on his or her registration into the Central Voters Register. Each person shall apply for registration personally. No person may apply for registration on behalf of another person.

The Central Voters Register shall not contain the name of a person who under a valid decision of a competent authority has been deprived of his or her ability to engage in business activities.

The Election Commission of Bosnia and Herzegovina shall keep and manage the Central Voters Register for the entire territory of Bosnia and Herzegovina.

The Central Voters Register shall include the names and information about all citizens of Bosnia and Herzegovina who have the right to vote and who have registered to vote. From the data contained in the Central Voters Register, a Municipal Voters Register shall be established for each municipality which contains the names and information about all voters who have registered to vote in person or by absentee ballot for that municipality.

The Election Commission of Bosnia and Herzegovina may define Voters Registers for other electoral units for which specific elections are conducted, based on the data contained in the Central Voters Register.

The competent municipal body shall be responsible for the proper registration of voters residing within the territory of that municipality, and the accuracy and validity of data provided for additions to, changes and deletions from the Central Voters Register.

The Election Commission of Bosnia and Herzegovina shall be responsible for the registration of voters residing outside the territory of Bosnia and Herzegovina, and the accuracy and validity of data provided for additions to, changes and deletions from the Central Voters Register.

The Central Voters Register, Municipal Voters Registers shall be public documents.

Article 3.2

In each municipality, the competent municipal body, in co-ordination with the Municipal Election Commission, shall establish one or more voter registration offices in public buildings or other locations designated for that purpose, and shall arrange for and train appropriate staff members or other persons as voter registrars, who shall be authorized to conduct voter registration activities.

Offices where master evidence files are prepared and maintained may be used as registration offices, as may other offices generally accessible to the public. A registration office may not be located in a place of worship, any building owned by or occupied by a political party, any building that has been used as a place of torture or abuse or premises in which alcohol is served and consumed.

All voter registrars shall conduct the process of voter registration in accordance with this law, and in the manner prescribed in Regulations of the Election Commission of Bosnia and Herzegovina.

A person who has the right to vote under this law shall be advised of his or her voting rights and may register to vote, update his or her voter registration information, or apply to change his or her voting option at a Voter Registration Centre in the municipality in which he or she is currently residing, regardless of the municipality for which he or she seeks to register.

Article 3.3

For the purpose of this law, permanent residence is either the citizen’s residence according to the most recent national Census, or the municipality where a citizen is registered as a permanent resident in accordance with law.

Article 3.4

A citizen of Bosnia and Herzegovina who has the right to vote, shall register for the municipality in which he or she has a permanent place of residence, except as otherwise permitted under this law.

A citizen of Bosnia and Herzegovina who has the right to vote under this law and is temporarily residing abroad shall register for the municipality where he or she had permanent residence immediately prior to his or her departure for abroad, provided he or she is registered as a permanent resident in that municipality at the moment of his or her application for registration.

Article 3.5

The data entered into the Central Voters Register for citizens of Bosnia and Herzegovina who have the right to vote shall be: last and first name, date of birth, national identification number, name of the municipality and settlement where this person has permanent or current residence, the name of the municipality for which this person is registered as a voter, and serial number under which the voter is registered.

Article 3.6

An application to register to vote for the first time, or an application for a change in a person's voting option as established in Articles 1.5 and 3.4 of this law, must be submitted by the applicant personally.

The Election Commission of Bosnia and Herzegovina shall regulate the methods and procedures by which the accuracy of data in the official records maintained by the competent authorities in Bosnia and Herzegovina and documents submitted for persons requesting to be entered into the Central Voters Register may be verified, and shall take appropriate action regarding additions, corrections or deletion of data from the Central Voters Register, based on its decision or a decision of the Election Complaints and Appeals Council, or at any time the Election Commission of Bosnia and Herzegovina determines that there is reason to question the validity or accuracy of the information or documentation submitted in an application, or as necessary to maintain the integrity of the Central Voters Register in compliance with this law.

Article 3.7

No citizen of Bosnia and Herzegovina shall forfeit any right or entitlement because he or she has registered as a voter, or because his or her registration to vote for a municipality is not the one in which he or she currently resides.

No person shall be required to present any document issued to him or her by a competent municipal body relative to registration or voting for any other purpose except as is necessary for the purpose of voter registration, confirmation of registration or voting.

Article 3.8

The competent municipal bodies which keep the master evidence files are obliged to provide information on dead persons who were over eighteen (18) years of age and who immediately prior to their death resided in the municipality, to the competent municipal body.

The competent municipal bodies which keep the master evidence files are obliged, upon comparison of the birth records and the records of residency of persons currently residing in the municipality, to provide information on persons who have reached eighteen (18) years of age to the competent municipal body. The Election Commission of Bosnia and Herzegovina shall regulate the methods and procedures for informing persons who have reached 18 years of age about the procedures of voter registration.

The police body which keeps residency evidence is obliged to provide the competent municipal body with information on all persons who have reached eighteen (18) years of age and have registered their residence on the territory of that municipality, as well as information about such persons who have cancelled their residency in that municipality.

The competent court shall be obliged to notify the competent municipal body of a valid court decision by which a person has been deprived of his or her ability to engage in business activities.

Article 3.9

A member of the military, who has the right to vote under this law, shall register to vote, update his or her registration information, or apply to change the municipality for which he or she will vote, at the competent municipal body.

A member of the military, who has registered to vote in accordance with this law, may vote in an Absentee Polling Station in the municipality in which he or she is based.

A member of the military may apply to receive his or her ballot at an Absentee Polling Station in the municipality in which he or she is scheduled to be posted or transferred between the date of registration and polling day, if he or she produces documentary proof of the scheduled posting or transfer at the time of registration.

If a member of the military produces documentary proof at the time of registration of a scheduled discharge between the date of registration and the first polling day, he or she may apply to receive his or her ballot at an Absentee Polling Station in the municipality in which he or she intends to cast a ballot.

Article 3.10

A person who is omitted from the Central Voters Register or who believes his or her voter information is incorrect, may file a complaint with the Municipal Election Commission requesting inclusion on the Central Voters Register or correction of the voter’s information in accordance with Chapter six (6) of this law.

Any citizen shall have the right to inspect the Central Voters Register and submit a complaint about invalid or inaccurate entries into the Central Voters Register in accordance with Chapter 6 of this law.

Article 3.11

The Election Commission of Bosnia and Herzegovina shall establish in its Regulations the method and procedure for entering of voters into the Central Voters Register who:

1. apply for registration for the first time, but whose names are not on the most recent national Census;

2. reside and submit an application for registration from outside the territory of Bosnia and Herzegovina, including procedures for their registration by mail;

3. are homebound due to old age, illness or disability;

4. are prisoners or are confined to institutions and have the right to vote;

5. are citizens younger than eighteen (18) years but above an age defined by the Election Commission of Bosnia and Herzegovina which permits them to register, but not to be listed in the excerpt of eligible voters on election day. Articles referring to citizens above eighteen (18) years of age in this law will be applied to those having reached the age of registration, except for the Articles on voting right; and

6. are citizens of Bosnia and Herzegovina and will attain eighteen (18) years of age after the deadline for registering to vote, but by election day.

Article 3.12

The Election Commission of Bosnia and Herzegovina shall establish in its Regulations the content, manner of keeping, manner of correction, amendment, closing, copying and display of the Central Voters Register, and in particular, the manner in which additions, amendments and deletions shall be made based on information provided by the competent municipal bodies responsible for the registration of voters under Article 3.1 paragraph 6 of this law.

The Election Commission of Bosnia and Herzegovina, relevant to Regulations established pursuant to the previous paragraph, shall regulate the method of entering voters into the Central Voters Register in those cases where the documentation from the master evidence files has been destroyed, damaged or removed from the municipalities.

The Election Commission of Bosnia and Herzegovina shall establish the method and procedure for checking the accuracy of data in the master evidence files maintained by the competent municipal bodies and documents submitted by persons requesting to be entered into the Central Voters Register, shall define the proof of evidence necessary to establish a person’s permanent or current place of residence and the deadline by which a voter must have registered to vote in order to vote in a particular election, and shall prescribe the manner of informing persons who have attained eighteen (18) years of age about the voter registration procedure.

Article 3.13

In order to be eligible to vote in the forthcoming election, a citizen of Bosnia and Herzegovina who has the right to vote under this law and is a refugee or temporarily residing abroad may register to vote by mail provided that he or she completes and submits an application form to the Election Commission of Bosnia and Herzegovina. This application must be received prior to the deadline established by the Election Commission of Bosnia and Herzegovina. The application form and relevant instructions shall be designed by the Election Commission of Bosnia and Herzegovina. The completed application must be accompanied by applicant's proof of identity as prescribed by this law and must be signed by the applicant.

A citizen of Bosnia and Herzegovina who has previously registered to vote by mail is required to confirm his or her registration for each election by submitting a confirmation form to the Election Commission of Bosnia and Herzegovina. The Election Commission of Bosnia and Herzegovina shall regulate the content of the form and the manner of distribution.

A citizen of Bosnia and Herzegovina who has registered to vote by mail and who returns to Bosnia and Herzegovina shall apply to update his or her registration record at the competent municipal body within the municipality to which this person has returned. If this person has returned to Bosnia and Herzegovina prior to the deadline by which a person must be registered to vote in the next election, he or she shall be assigned to the appropriate Polling Station and added to the excerpt of the Central Voters Register for that Polling Station. If this person has returned to Bosnia and Herzegovina after the deadline by which he or she must be registered to vote in the next election, this person shall be allowed to vote by a tendered ballot either at a Polling Station within the municipality in which he or she is registered to vote or at any other Polling Station specifically designated for this purpose.

Chapter 4

Certification and Candidacy for the Elections

Article 4.1

In order to participate in the elections political parties, independent candidates, coalitions and lists of independent candidates shall certify their eligibility with the Election Commission of Bosnia and Herzegovina.

Article 4.2

In order to be certified for the elections for all bodies of authority at all levels in Bosnia and Herzegovina, an independent candidate or a candidate on a political party, list of independent candidates or a coalition’s candidates list shall meet the following requirements:

1. the candidate must be registered to vote for the municipality within the boundaries of the electoral unit in which he or she is standing for office; and

2. the candidate may only run for office in one electoral unit at any level of authority and may appear only on one political party, coalition or list of independent candidates.

For the purpose of Chapters 9, 10 and 11 of this law, the electoral unit shall be the multi-member constituency.

Article 4.3

In order to participate in the elections, a political party must be registered with the competent authority in either Entity, in accordance with the law. The application for certification must be accompanied by evidence that the political party is registered with the competent authority. The political party must apply for certification under the same name that it registered with the competent authority.

Article 4.4

The application for certification of a political party or independent candidate must include a list setting out the name, original signature, and National Identity number of each registered voter who supports the application of the political party or independent candidate.

The signature form shall be prescribed by the Election Commission of Bosnia and Herzegovina. These forms shall be pre-printed forms and shall contain, a space for the name of the political party or independent candidate, and sequential serial numbers. Political parties and independent candidates shall only collect signatures on the forms assigned to them by the election commission of Bosnia and Herzegovina. Other forms submitted by a political party or independent candidate shall not be accepted.

The signature form shall also include the name, original signature and National Identity number of the person(s) who are responsible for collecting the supporter’s signatures.

In order to be certified for participation in the elections, a political party must present to the Election Commission of Bosnia and Herzegovina its application for participation in the elections, which contains at least:

1. three thousand (3,000) signatures of registered voters for the elections for the members of the Presidency of Bosnia and Herzegovina;

2. three thousand (3,000) signatures of registered voters for the elections for the members of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina;

3. two thousand (2,000) signatures of registered voters for the elections for the members of the House of Representatives of the Parliament of the Federation of Bosnia and Herzegovina or for the members of the National Assembly of the Republika Srpska;

4. five hundred (500) signatures of registered voters for elections for the delegates of the Cantonal Assemblies of the Federation of Bosnia-Herzegovina;

5. one hundred (100) signatures of registered voters for the elections for the Municipal Council/Assembly and for the Mayor in a municipality when the Mayor is directly elected in which the number of registered voters in the Central Voters Register in the previous elections did not exceed ten thousand (10,000) voters, or two hundred (200) signatures for the election in the municipality in which this number exceeded ten thousand (10,000) registered voters.

Article 4.5

Except for the elections for the members of the Presidency of Bosnia and Herzegovina, a political party shall be exempt from the signature requirement established in Article 4.4 of this law if a member of this political party holds a mandate in the same body that the political party applies to certify to stand for office,.

For the purposes of this article the political party shall submit a signed statement from the elected official that he or she was a member of that political party at the time that he or she received the mandate and that he or she is still a member of that party together with the confirmation form.

Article 4.6

A political party shall submit its application for certification to the competent authority no later than one-hundred and forty (140) days before the date of the elections.

The Election Commission of Bosnia and Herzegovina shall certify the application of a political party for participation in the elections if the application meets the requirements as established by this law.

If the Election Commission of Bosnia and Herzegovina identifies incorrect or incomplete information, it shall notify the applicant thereof, who shall be bound to correct the information within two (2) days. Upon the expiration of this deadline, the Election Commission of Bosnia and Herzegovina shall decide whether or not to certify or reject the application for participation in the elections.

If the Election Commission of Bosnia and Herzegovina rejects the application, the applicant shall have the right to request the Election Commission of Bosnia and Herzegovina to reconsider the decision within two (2) days. The Election Commission of Bosnia and Herzegovina shall make a decision within three (3) days.

Article 4.7

If two (2) political parties have identical names or names that are so similar that it could cause confusion or mislead a voter, the Election Commission of Bosnia and Herzegovina shall determine which party has the right to use the name for the purposes of the elections, taking into account the date each party registered with the competent court.

Article 4.8

In order to be certified for the elections, an independent candidate must present his or her application for participation in the elections to the Election Commission of Bosnia and Herzegovina containing at least:

1. one thousand five hundred (1,500) signatures of registered voters for the elections for the members of the Presidency of Bosnia and Herzegovina;

2. one thousand and five hundred (1,500) signatures of registered voters for the members of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina;

3. one thousand (1,000) signatures of registered voters for the elections for the members of the House of Representatives of the Parliament of the Federation of Bosnia and Herzegovina or members of the National Assembly of the Republika Srpska;

4. two hundred and fifty (250) signatures of registered voters for the elections for the delegates of the Cantonal Assemblies of the Federation of Bosnia and Herzegovina; or

5. one hundred (100) signatures of registered voters for the elections for the Municipal Council/Assembly and for the Mayor in the municipality when the Mayor is directly elected.

Article 4.9

Except for the signature requirement established for the election for the members of the Presidency of Bosnia, an independent candidate who holds a mandate in the same body that he or she is standing for office shall be exempt from the signature requirement established in Article 4.8 of this law.

Article 4.10

An independent candidate shall submit his or her application for candidacy no later than one hundred and forty (140) days prior to the election and it shall contain: the name and surname, address, national identification number, date and signature of the independent candidate.

The Election Commission of Bosnia and Herzegovina shall certify the application of an independent candidate for participation in the elections if the application meets the requirements as established by this law.

The Election Commission of Bosnia and Herzegovina shall examine within two (2) days whether the application was submitted in accordance with this law and certify, reject or request the candidate to correct his or her application.

An independent candidate may not at the same time stand for office as an independent candidate in more than one electoral unit or run for office on a political party, list of independent candidates or coalition’s candidates list.

An independent candidate may not withdraw his or her candidacy before the certification of the election results.

Article 4.11

In order to be certified for the elections a political party or independent candidate must present signatures of support as established in Articles 4.4 and 4.8 of this law. One voter may support only one political party or independent candidate on the signature of support form. The Election Commission of Bosnia and Herzegovina shall regulate how the signatures of support shall be checked and verified.

Article 4.12

Two (2) or more certified political parties that choose to form a coalition must submit an application for certification under one name to the Election Commission of Bosnia and Herzegovina. If the name of a coalition is identical to or so similar to a political party or coalition’s name that it could cause confusion or mislead a voter, the Election Commission of Bosnia and Herzegovina shall determine who has the right to use the name for the purposes of the elections.

A coalition shall submit its application for certification no later than one hundred and ten (110) days before the date of the elections.

The Election Commission of Bosnia and Herzegovina shall certify the application of a coalition for participation in the elections if it meets the requirements as established by this law.

If the Election Commission of Bosnia and Herzegovina identifies incorrect or incomplete information, it shall notify the applicant thereof, who shall correct the information within two (2) days. Upon the expiration of this deadline, the Election Commission of Bosnia and Herzegovina shall decide whether or not to certify or reject the application for participation in the elections.

Article 4.13

A political party that is a member of a coalition cannot participate as a member of another coalition or as a separate political party in the same electoral unit.

A coalition shall have the status of a political party in the electoral process from the day the coalition application for certification is submitted to until the election results are certified. A political party that is a member of a coalition, may not withdraw from the certified coalition until the election results are certified.

Article 4.14

A coalition may keep its previous certified coalition name only if it consists of the same political parties that comprised the certified coalition in the previous election.

Article 4.15

For the Municipal Council/Assembly and the Cantonal Assembly elections two (2) or more certified independent candidates may join together and submit a single candidates list under one name. The list of independent candidates shall submit its application for certification no later than one hundred and ten (110) days before the date of the elections.

The Election Commission of Bosnia and Herzegovina shall certify the list of independent candidates’ application for participation in the elections if it meets the requirements as established by this law.

Article 4.16

A political party or independent candidate shall enclose government stamps with its application for certification in the amount determined by the Election Commission of Bosnia and Herzegovina for every election. The Certification fee shall be refunded if a political party or independent candidate wins at least one mandate in the elections or if the application is rejected. For the purposes of this article a mandate won by a coalition or independent candidates list shall be deemed to have been won by each individual political party in the coalition or each individual independent candidate on the independent candidates list, regardless of which party in the coalition or which independent candidate on the list of independent candidates actually received the mandate.

Article 4.17

A political party, coalition, independent candidate or list of independent candidates shall enclose all the necessary documentation and information as established by this law with each application in order to certify its participation in the elections.

Article 4.18

The certified political party, coalition or list of independent candidates shall submit to the Election Commission of Bosnia and Herzegovina the candidates lists for the election of representatives to the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina and the candidate(s) for the election of the Members of the Presidency of Bosnia and Herzegovina.

Candidates lists for elections for all other levels of authority shall be submitted by the political party, coalition or list of independent candidates to the competent election commission in the electoral unit where the political party, coalition or list of independent candidates are certified to stand for office. After the competent election commission verifies that the candidates list was submitted in accordance with law, the election commission shall submit the candidates list to the Election Commission of Bosnia and Herzegovina for certification.

Article 4.19

The certified political party or coalition shall submit a separate candidates list for each electoral unit.

For the municipal and cantonal elections the number of candidates on the candidates list of the political party, coalition or list of independent candidates may be ten percent (10%) higher than the number of mandates that are to be allocated.

For the multi-member constituencies established in Chapters 9, 10 and 11 of this law the number of candidates on the candidates list of a political party or coalition may be two (2) higher than the number of mandates that are to be allocated in that multi-member constituency.

Every candidates list shall include candidates of male and female gender. The minority gender candidates shall be distributed on the candidates list in the following manner. At least one (1) minority gender candidate amongst the first two (2) candidates, two (2) minority gender candidates amongst the first five (5) candidates, and three (3) minority gender candidates amongst the first eight (8) candidates et seq. The number of minority gender candidates shall be at least equal to the total number of candidates on the list, divided by three (3) rounded up to the closest integer.

The candidates lists for the House of Representatives of the Federation of Bosnia and Herzegovina, the President and Vice Presidents of Republika Srpska, and the National Assembly of Republika Srpska shall indicate to which constituent people, or the group of Others, the candidates declare to belong.

The candidates list shall contain the name, surname, address of permanent residence, national identification number and signature of each candidate, signature of the president of the political party or presidents of the political parties in the coalition.

Article 4.20

The name of a candidate on a political party, coalition or independent candidates list may not be withdrawn after the candidates list is certified by the Election Commission of Bosnia and Herzegovina. If the candidate is incapacitated or rejects the mandate after the election results are certified by the Election Commission of Bosnia and Herzegovina, the name of the candidate shall be removed from the candidates list and the mandate shall be allocated in accordance with Article 9.11, except for lists in cantons and municipalities which shall be allocated in accordance with Article 12.5. The candidate, or in the event that the candidate is incapacitated, his or her representative must submit the rejection of the mandate in writing to the Election Commission of Bosnia and Herzegovina. A candidate may not withdraw his or her candidacy before the certification of the election results.

Article 4.21

Political parties, lists of independent candidates and coalition’s candidates lists must be submitted to the competent election commission referenced in Article 4.18 of this law no later than ninety-five (95) days prior to the elections.

The competent election commission referenced in Article 4.18 of this law shall submit to the Election Commission of Bosnia and Herzegovina the political party, the independent candidates lists and the coalition’s candidates list no later than eighty-five (85) days prior to the elections.

No later than twenty (20) days after a candidates list has been submitted to it, the Election Commission of Bosnia and Herzegovina shall review the candidates list and shall certify or reject candidates on the list. The Election Commission of Bosnia & Hercegovina shall notify the political party, coalition or list of independent candidates of any rejected individual candidates. A political party, coalition, or list of independent candidates shall have five (5) days to correct a candidates list by replacing candidates or providing further documentation if requested by the Election Commission of Bosnia and Herzegovina.

If the Election Commission of Bosnia and Herzegovina further rejects any individual candidates on the candidates list, the political party, coalition or independent candidates list shall have the right to request, within two (2) days of the rejection, the Election Commission of Bosnia and Herzegovina to reconsider the decision. The Election Commission of Bosnia and Herzegovina shall make a decision within three (3) days.

From the expiration of the deadline for submission of the candidates lists until the mandate of the body expires, the political party, coalition or list of independent candidates may not amend the candidates list.

Article 4.22

The Election Commission of Bosnia and Herzegovina shall keep the record of the applications for certification for participation in the elections.

Article 4.23

After the certification of the submitted candidates lists the Election Commission of Bosnia and Herzegovina shall publish a list of candidates with the names of the certified political parties, coalitions, independent candidates and lists of independent candidates for each election in the sequence of the lottery number resulting from the lottery established in Article 5.15 of this law. The lists of candidates shall be published no later than forty-five (45) days before the election day in the official gazettes. The candidates lists shall also be posted at the Polling Stations and published in the media.

Article 4.24

Each political party and coalition certified to submit candidates for the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, the House of Representatives of the Parliament of the Federation of Bosnia and Herzegovina, or the National Assembly of the Republika Srpska shall submit a list of candidates for compensatory mandates to the Election Commission of Bosnia and Hercegovina. Such list shall be submitted for each of the bodies listed above for which the political party or coalition is certified.

The list of candidates for compensatory mandates shall include only the names of candidates already included on the regular candidates lists submitted by the political party or coalition for one or more multi-member constituencies. Candidates on a list of candidates for compensatory mandates may be from the list of any multi-member constituency within the same entity and at the same electoral level. Lists of candidates for compensatory mandates shall comply with paragraph four of Article 4.19.

Lists of candidates for compensatory mandates shall not be published on the ballot, but shall only be used for purposes of awarding compensatory mandates pursuant to Articles 9.8, 10.6, and 11.6. The lists shall be published by the Election Commission of Bosnia and Herzegovina in the Official Gazette of Bosnia and Herzegovina.

Chapter 5

Conduct of Elections

Article 5.1

Voting shall be conducted at Polling Stations, unless provided otherwise by this law.

The Polling Stations shall be designated by the Municipal Election Commission no later than fifteen (15) days before the election day. The Municipal Election Commission, immediately after designating the Polling Stations, shall submit a list of the locations of the Polling Stations to the Election Commission of Bosnia and Herzegovina. The Election Commission of Bosnia and Herzegovina may change the location of a Polling Station if it determines that the location is not an appropriate location for polling.

A Polling Station may not be located in a place of worship, a government building, a building which is owned by or is the seat of a political party, or a building that has been used as a place of torture or abuse, or premises in which alcohol is served and consumed.

Each Polling Station shall be designated by a serial number.

The Municipal Election Commission shall publicise, no later than fifteen (15) days before the election day, which Polling Stations have been designated for voting and where the voters will cast their votes.

Article 5.2

A Polling Station shall be designated in accordance with the number of voters, which should not be greater than one thousand (1000), taking into consideration the distance of voters from the Polling Station.

The room designated for polling shall have special space which ensures the secrecy of ballot.

The Municipal Election Commission shall ensure, in a timely manner, that the premises designated to be a Polling Station are prepared and open during the time specified for the voting.

For the purposes of this law, “Polling Station and surrounding area” shall include the area within fifty (50) metres of the entrance of a building in which a Polling Station is located.

Article 5.3

The Municipal Election Commission, as directed by the Election Commission of Bosnia and Herzegovina, shall deliver, no later than twelve (12) hours prior to the opening of polling stations on election day, the polling material to the