LAW FOR THE ELECTION AND RECALL

 OF MEMBERS OF THE ASSEMBLY AND COUNCILORS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                          1

                                                                             I.           BASIC PROVISIONS

 

Article 1

 

This Law shall regulate the election and recall of members of the Assembly of the Socialist Republic of Macedonia and of councilors in the city assembly and municipal community (further referred to as: councilors in the Assembly).

 

The provisions of this law pertaining to the election and recall of members of the Assembly of the Socialist Republic of Macedonia, shall be applied to the election and recall of councilors in the city assembly and municipal community accordingly.

 

 

Article 2

 

Members of the Assembly of the Socialist Republic of Macedonia and councilors in the municipal assemblies are elected by civilians through secret ballot.

 

Civilians over 18 years of age are entitled to vote and be elected as members of the Assembly.

 

Article 3

The freedom and secrecy of the vote are guaranteed.

Nobody is permitted to hold civilians responsible for voting, for not voting, nor to summon them to disclose their vote.

 

 

Article 4

 

The role of the members of the Assembly and councilors is incompatible with the role of the officials of the state, the municipalities or the municipal communities determined by Law.

 

 

Article 5

 

Representatives in the Assembly may be recalled solely by the constituency who elected them.

 

 

 

II.            ANNOUNCING AND CONDUCTING ELECTIONS

 

 

 

 

 

 

 

 

 

 

 

Article 6

 

The President of the Assembly announces the elections for members of the Assembly every four years.

 

The act announcing the elections is published in the appropriate official gazette.

 

The date of conducting the elections is determined in the decision announcing the elections.  The period between the date of announcement of the elections until the date of conducting the elections can not exceed two months nor be less than one month.

 

Elections must be conducted 15 days latest, prior to the expiration period of the Assembly mandate, which becomes valid from the verification date of the election of members of the Assembly.

 

 

 

 

III.              BODIES FOR CONDUCTING AND VALIDATING ELECTIONS

 

 

Article 7

 

The commissions that conduct the elections and recall members of the Assembly consist of: electoral commissions and electoral boards (further referred to as: electoral bodies).

 

only those individuals who are entitled to vote may act as members of the electoral bodies and as their substitutes.

 

Members of the electoral bodies and their substitutes can not run as candidates for members of the Assembly.  Should members of the electoral bodies or their substitutes accept the candidacy for member of the Assembly, their role as member or substitute member in the electoral body shall terminate.

 

 

Article 8

 

Representatives of the candidates, who follow the work of the electoral bodies, may also participate in their work.

 

Representatives of the candidates may warn the president of the electoral board of any working irregularities.  Should the president

 


fail to accept the warning, he is obliged to make a note of it in the report.

 

 

 

 

 

 

 

 

Article 9

 

Electoral commissions consist of:

 

1)       Municipal electoral commissions;

 

2)       Electoral commissions of the constituencies for election of members of the Assembly of the Socialist Republic of Macedonia (further referred to as: electoral commissions of the constituencies); and

 

3)       State electoral commissions.

 

 

 

Article 10

 

The permanent membership of the municipal electoral commissions and the electoral commissions of the constituencies consists of: a president, secretary and three members with a four year mandate.

 

The permanent membership of the state electoral commission consists of: a president, secretary and five members with a four year mandate.

 

The president, secretary and members of the electoral commissions all have substitutes.

 

The electoral commissions also contain supplementary ad-hoc members consisting of one representative and a substitute of all types of political organizations and civilian associations, which have nominated candidates for representatives, and of independent candidates.

 

The president of the electoral commission summons the commission eight days following the completion of the candidacy procedure.  During this session, the representatives of the various forms of political organizations and civilian associations, which have nominated candidates for representatives, as well as the independent candidate, in accordance with their right stipulated under paragraph 4 of this article, shall propose a representative and substitute, who will be part of the ad-hoc membership of the electoral commission.

 


The permanent membership of the electoral commission, appoints the ad-hoc members of the electoral commission individually (with full name and surname) , after the right under paragraph 4 of this article has been validated.

 

 

 

 

 

 

 

Article 11

 

The municipal electoral commission is appointed by the municipal assembly.

 

The state electoral commission and the electoral commissions of the constituencies, are appointed by the Assembly of the Socialist Republic of Macedonia.

 

The Assembly of the Socialist Republic of Macedonia may authorize the municipal electoral commission, in municipalities with no more than two constituencies, to perform the function of the electoral commission of the constituency.

 

 

Article 12

 

As a rule, presidents of the municipal electoral commission and presidents of the electoral commission of the constituency and their substitutes are chosen among law graduates, i.e., judges.

 

The president of the state electoral commission and his substitute are chosen amongst the Judges of the Supreme Court of Macedonia.

 

The membership and the changes in the membership of the electoral commissions are published in the appropriate official gazette.

 

Article 13

The municipal electoral commission performs the following duties:

1)       attends to the legitimacy of the elections and the recalling of councilors in the municipal assembly;

 

2)       determines whether the candidates nominated for councilors in the municipal assembly have been nominated and appointed in compliance with the law;

 

3)       composes and publishes a joint list of candidates for each constituency;

 


4)       determines the polling stations;

 

5)       appoints electoral boards;

 

6)       determines and publishes the results of the election,

recalls councilors in the municipal assembly and announces the election results;

 

 

 

 

 

7)    provides and submits statistical data to the state organization in charge of statistical matters;

 

8)    completes technical preparations of the elections; and

 

9)    performs other duties determined by this Law.

 

 

Article 14

 

The electoral commission of the constituency performs the following duties:

 

1)    attends to the legitimacy of the elections and the recalling of members of the Assembly of the Socialist Republic of Macedonia who are elected in the constituency;

 

2)    determines whether the candidates, nominated for members of the Assembly of the Socialist Republic of Macedonia, have been nominated and appointed in compliance with the law;

 

3)    composes and publishes a joint list of candidates;

 

4)    determines the polling stations;

 

5)    appoints electoral boards;

 

6)    determines the results of the election and recalls members of the constituency;

 

7)    provides and submits statistical data to the state organization in charge of statistical matters;

 

8)    completes technical preparations of the elections; and

 

9)    performs other duties determined by this Law.

 

 


Article 15

 

The state electoral commission with permanent membership performs the following duties:

 

1)         attends to the completion of the electoral preparations, the recalling and appointment of the (full) ad-hoc membership of the state electoral commission;

 

2)         gives instructions to the electoral commissions concerning

the conducting of elections and recalling;

 

 

 

 

3)      issues the forms for election and recall;

 

4)      determines common standards regarding the electoral material and other substantial requirements related to the electoral activities and tends to the implementation of those standards and requirements;

 

5)      gives explanations concerning the enforcement of the provisions of this Law and the conducting of the elections;

 

6)      assigns the method of handling and maintaining the electoral material; and

 

7)      performs other duties determined by this Law.

 

The state electoral commission with ad-hoc membership performs the following duties:

 

1)      attends to the legitimacy of the elections and the recalling;

 

2)      supervises the work of the electoral commissions of the constituencies;

 

3)      publishes the voting results in the "Official Gazette of the SRM" of the election and recall of members of the Assembly of the Socialist Republic of Macedonia;

 

4)      submits a report to the Assembly of the Socialist Republic of Macedonia on the conducted elections for members of the Assembly of the Socialist Republic of Macedonia; and

 

5)      performs other duties determined by this Law.

 

 

Article 16

 


The electoral board directly controls the elections and the recalling, attends to the authenticity and secrecy of the ballot and determines the results from the polls.

 

Electoral boards are appointed for each polling station, three days latest prior to the scheduled date of the elections and the vote for recall.

 

Electoral boards are comprised of a president and two members and a substitute for each of them.

 

Electoral boards operate in full membership.

 

 

 

 

 

Article 17

 

Government agencies are obliged to furnish electoral boards with technical and other working requirements, and at the request of the electoral boards, to provide data that is essential to their work.

 

The state administration is obliged to give assistance to the electoral boards, and at their request, to provide data that is essential to their work.

 

IV.       CONSTITUENCIES Article 18

The constituencies that elect members of the assemblies are comprised in a way that approximately the same number of voters elect one member, and only one member can be elected per constituency.

 

 

Article 19

 

The constituencies that elect councilors in the municipal assemblies are determined by the decision of the municipal assembly, while the constituencies for the election of members of the Assembly of the Socialist Republic of Macedonia are determined by law.

 

 

V.      NOMINATING AND APPOINTING CANDIDATES

FOR MEMBERS OF THE ASSEMBLY

 

 

 


Article 20

 

The nomination and appointment of candidates for members of the assembly and their election and recall is conducted in the constituencies.

 

Candidates for members of the assembly are nominated and appointed by civilians, political organizations and other types of associations.

 

Registered political parties, which number at least one thousand five hundred (1.500) members, are entitled to nominate and appoint candidates for members of the Assembly of the Socialist Republic of Macedonia by submitting a list of candidates in each constituency for members of the Assembly of the Socialist Republic of Macedonia.

 

 

 

 

 

 

Registered political organizations, which number at least five hundred (500) members, are entitled to nominate and appoint candidates for councilors in the municipal assembly by submitting a list of candidates in each constituency for councilors in the municipal assembly.

 

Registered political organizations, which do not have the required number of members, as stipulated under paragraph 3 of this article, may nominate and appoint candidates for members of the Assembly of the Socialist Republic of Macedonia by collecting a minimum of one hundred (100) signatures and fifty (50) signatures for candidates for councilors in the municipal assembly.

 

If the number of voters in the constituency for the election of councilors in the municipal assembly is less than five hundred (500), those candidates who have been nominated by at least 5% of the voters in the mentioned constituency shall be taken into consideration.

 

The lists of candidates are comprised on the basis of the signatures collected by civilians, political organizations and other types of associations, as stipulated under paragraph 4 of this article.

 

The lists of candidates are signed by the authorized representative of the nominators.

 

Registered political organizations, stipulated under paragraph 3 of this article, shall verify their membership number by submitting copies of the enrolling statements of their members, the certificate issued by the agency in charge of registration together

 


with the list of the nominated and appointed candidates to the authorized electoral commission.

 

 

 

Article 21

 

The list of candidates must: designate the assembly to be elected, designate the constituency in which the election will take place; the name and surname of each candidate, their address and the date on which the list is established.

 

The title of the list is determined by the title of the political organization or other association submitting the list.

 

The title of the list submitted by civilians is determined in accordance with the list of independent candidates.

 

 

 

 

 

 

 

Article 22

 

The rules and procedures applied to the nomination and appointment of candidates for members of the assembly are determined in the statutes of the political organizations and associations.  The rules and procedures applied to the nomination and appointment of candidates for members of the assembly by civilians, are determined by the state electoral commission.

 

 

Article 23

 

Political organizations, other types of associations and civilians, stipulated under article 20, paragraph 4 of this Law, shall collect signatures on the form prescribed by the state electoral commission on which the following information is to be entered: the name and surname, address and register number of the nominated candidate and of each signed nominator.

 

Article 24

 

A Civilian may be nominated and appointed as a candidate for member of the assembly in only one constituency.

 

The signed nominators of candidates for members of the assembly must possess the general voting right and be residents of the constituency district for which they are nominating the candidate.

 


Civilians who have been registered to vote in a constituency district, may give their support to only one candidate of that constituency on the prescribed form.

 

Civilians are to submit their signatures for nomination and appointment of candidates for members of the assembly on the prescribed form to the administrative organ that maintains records of the voting rights belonging to voters of the particular constituency.

 

 

Article 25

 

The lists of candidates, stipulated under article 20 of this Law, must be submitted to the electoral commission supervising the constituency in which the member of the assembly is elected, 20 days latest prior to the scheduled date of elections.

 

When presenting the lists of candidates, the statements of the candidates accepting candidacy and the form stipulated under article 23 of this Law, must also be enclosed.

 

 

 

 

 

 

Article 26

 

Upon receipt of the lists of candidates, the electoral commissions determine whether they have been submitted within the set period and composed in compliance with the provisions of this Law.

 

Should the authorized electoral commission detect omissions or irregularities in the lists of candidates, the nominators shall be summoned immediately to eliminate the irregularities latest within a period of three days.

 

Should the authorized electoral commission discover that the lists of candidates have not been submitted in due time or that the nominators have not eliminated the detected irregularities within the period stipulated under paragraph 2 of this article, the lists of candidates shall not be validated.

 

 

 

Article 27

 

The authorized electoral commission shall compose a joint list of candidates of the constituencies, five days latest after the expiration of the term stipulated under paragraph 1 article 25 of this Law, entering all candidates for members of the assembly,

 


which have been nominated and appointed in compliance with the provisions of this Law.

 

 

Article 28

 

Candidates for members of the assembly are entered on a joint list of candidates of the constituencies according to their affiliation to political organizations and other types of associations.

 

The candidate, who has been appointed based on the nominations provided by civilians, must have the words "independent candidate" written next to his name and surname.

 

The sequence of the political organizations and other types of associations and independent candidates is determined by drawinq lots.

 

Article 29

 

Candidates may withdraw their candidacy 15 days latest prior to the date of elections.

 

 

 

 

 

The candidacy withdrawal must be submitted in writing to the authorized electoral commission.

 

 

 

Article 30

 

Should there be less candidates for members of the assembly than the anticipated number for election in the constituency, due to withdrawal of candidacies or for other reasons, the procedure of nominating and appointing candidates will be repeated in that constituency.

 

In cases stipulated under paragraph 1 of this article, the authorized electoral commission shall specify a supplementary term for nominating and appointing candidates in compliance with the provisions of this Law, providing that the term ends three days latest prior to the scheduled date of elections.

 

Should the elections be prevented following the repeated procedure stipulated under paragraph 1 of this article, by-elections shall be announced within the constituency.

 

 

 


Article 31

 

The electoral commission shall publish the joint list of candidates five days latest prior to the scheduled date of elections.

 

The published joint lists of candidates are displayed in inhabited areas of the constituencies conducting the elections.

 

In addition to the presentation stipulated under paragraph 2 of this article, the joint lists of candidates for members of the assembly are also published in the appropriate official gazette.

 

PRESENTATION OF THE CANDIDATES

Article 32

All candidates for members of the assembly have equal rights regarding the presentation of their election programs to the public.

 

Candidates are presented by way of organized discussions with the public, which are held at special gatherings in the organizations or associations where the candidates take part in public debates covered by mass media and through other appropriate means.

 

 

 

 

 

Registered political parties and other types of associations may organize pre-election campaigns.  Pre-election campaigns may also be organized by civilians who have nominated an independent candidate through the collection of signatures.

 

Presentations of candidates and pre-election campaigns are conducted in accordance with procedures defined by the statutes or general acts of the political parties or other types of associations.

 

During pre-election campaigns, political parties and other types of associations are obliged to observe the mutually defined rules of good behavior (codes) in order to maintain the dignity, reputation and integrity of the candidate.  The rules of behavior must also be observed by civilians stipulated under paragraph 3 of this article.

 

 

Article 33

 

Presentations and pre-election campaigns can not be conducted 48

hours prior to the scheduled date of elections.

 


VII.  HOLDING ELECTIONS

1. Polling stations and electoral material

Article 34

Members of the assembly are elected through votes which are cast in the polling stations.

 

Each polling station has an ordinal number.

 

Five days latest prior to the scheduled date of elections, the municipal electoral commission, i.e., the electoral commission of the constituency announces the designated polling stations for each district in which civilians shall cast their votes.

 

 

Article 35

 

Polling stations are determined according to the number of voters and the distance, so that all voters in the constituency are enabled to vote without difficulty on the scheduled date of elections.

 

Separate quarters are provided for each polling station.

 

 

 

 

 

 

The assigned voting quarters are furnished with booths, curtains or screens to allow voters privacy whilst casting their votes on the ballots.

 

 

Article 36

 

The municipal electoral commission, i.e., the electoral commission of the constituency is obliged to prepare and submit the following electoral material to the electoral board: the required number of ballot boxes, ballots, excerpts from the electoral lists pertaining to the relevant polling stations, the prescribed forms used by the electoral boards and other materials essential in the voting process.

 

Together with the excerpt from the electoral list pertaining to the polling station in which members of the assembly are elected, an officially validated list of voters from that polling station who are temporarily residing or working abroad or completing military

 


service is also enclosed.

 

Together with the officially validated list, stipulated under paragraph 2 of this article, electoral boards are given a number of ballots proportionate to the number of voters of the particular polling station in accordance with the excerpt from the electoral list.

 

With the exclusion of paragraph 3 of this article, electoral boards are given a certain number of ballots which are marked on a sealed envelope.  These ballots are to be used only by civilians who have not been registered in the excerpts of the electoral list for that polling station and are to be indicated separately on the report.

 

2.         Voting Article 37 Votes are cast in person and on ballots.

Article 38

The ballot must contain the following information:

1)       the assembly that is being elected;

 

2)       the constituency in which the election is held;

 

 

 

3)    the total number of members that are being elected in the constituency;

 

4)    the names and surnames of the candidates; and

 

5)    the name of the political party or other type of organization nominating the candidate or the words "independent candidate" in compliance with article 28 paragraph 2 of this Law.

 

The names of the candidates are entered on the ballot in the same order as on the joint list of candidates of the constituency.

 

The ordinal number is listed before the name of each candidate.

 

 

 

 


Article 39

 

The ballot for the recall contains the name and surname of the member being removed by the vote.

 

The words "for recall" and "against recall" are written in front of the name of the member.

 

 

Article 40

 

Votes are cast only for the candidates listed on the ballot and for the number of representatives that are to be elected.

 

Ballots are filled out by circling the ordinal number listed in front of the name of the candidate.

 

The ballots for recall are filled out by either circling the words "for recall" or "against recall".

 

Article 41

 

Ballots are not considered valid when the ordinal numbers in front of the names of several candidates are circled, when new names are added and circled on the ballot, when the ballot is left blank and when the ballot is filled out in a way that the chosen candidate can not be determined with certainty.

 

Article 42

 

The hours determined for voting are from 7:00 a.m. till 7:00 p.m. Polling stations close at 7: 00 p.m., although voters who happen to be at the polling stations at this hour shall be permitted to vote.

 

 

 

 

Polling stations in which all voters registered on the electoral list or on the excerpt of the electoral lists have cast their votes, may close before the expiration of the term stipulated under paragraph 1 of this article.

 

 

Article 43

 

All members of the electoral board or their substitutes must be present during the voting procedure.

 

The electoral board is responsible for maintaining peace and order 16


in the polling station.

 

The electoral board may remove individuals who cause disorder at the polling station.

 

If necessary, the electoral board may request police assistance.

 

The carrying of weapons or dangerous instruments to the polling stations is forbidden with the exception of police officers, as stipulated under paragraph 4 of this article.

 

 

 

 

Article 44

 

Electoral boards must control voters who are casting their votes, to verify their entry on the electoral list.  Voters who are not entered on the list shall be denied the right to vote by the electoral boards, unless they present a certificate issued by the municipal administrative organ or verify their voting right with an identification card.  Electoral boards must register such instances in their report.

 

 

 

Article 45

 

Voters, who due to physical disability or illiteracy are precluded to cast their vote as stipulated by this Law, are entitled to bring an escort, who may assist them in the voting procedure by their preference.

 

Such instances must be registered by electoral boards in their report.

 

 

 

 

 

 

 

Article 46

 

Civilians who are outside their places of residence on the date of elections, due to military service or military training, shall cast their votes in the military unit or military institution.

 

Civilians who are temporarily employed or residing abroad shall cast their votes in the polling stations of their former place of residence on the territory of the Socialist Republic of Macedonia prior to their departure or in the diplomatic and consular missions

 


of the Socialist Federative Republic of Yugoslavia abroad.

 

 

 

 

Article 47

 

The municipal administrative organ in charge of civil defense comprises a list of civilians attending military service or military training and the municipal administrative organ in charge of internal affairs comprises a list of civilians temporarily employed or residing abroad.  These lists are submitted to the authorized electoral commissions.

 

The authorized electoral commission is obliged without delay to submit to the military units, military institutions or to the diplomatic and consular missions of the Socialist Federative Republic of Yugoslavia abroad, as stipulated in paragraphs 1 and 2 article 46 of this Law, the lists of civilians, the required number of blank ballots as well as the necessary number of envelopes addressed to the authorized electoral commission.

 

 

 

Article 48

 

Civilians stipulated under article 46 paragraphs 1 and 2 of this Law, having cast their votes on the ballots are to place them in sealed envelopes and submit them to the appropriate military unit or military institution, i.e., through the diplomatic-consular mission or mail them to the authorized electoral commission.

 

Following the completion of the voting procedure, the bodies stipulated under paragraph 1 of this article are to submit all envelopes with ballots to the authorized electoral commission without delay.

 

Civilians stipulated under article 46 paragraphs 1 and 2 of this Law, are to cast their votes promptly so that the ballots may arrive at the authorized electoral commission latest when the election results are determined.

 

 

 

 

Article 49

 

Any form of agitation amongst the electorate is forbidden on the

date of elections and on the date of recall.

 

The building in which the votes are cast and the nearby

surroundings are considered as the electorate.

 


               3. Determining voting results in the polling stations

 

 

 

Article 50

 

Following the completion of the voting procedure, the electoral board is to immediately start determining the voting results,

 

Voting results are determined in such a way that the electoral board starts with the counting of the unfilled ballots, which are then placed and sealed in a separate envelope.  Next, the total number of votes is determined based on the electoral list or the excerpt of the electoral list, followed by the opening of the ballot boxes and the counting of the votes.

 

When the counting of the votes is completed, the electoral board determines the number of votes each candidate has received and the number of void ballots.

 

Should the counting of the votes prove that less voters have cast their vote than the number of ballots in the ballot box, the electoral board shall be dismissed and the voting procedure will be repeated in that polling station.

 

 

Article 51

 

Electoral boards are to enter the following information in their report having determined the voting results: the number of voters in the polling station compared to the electoral list or the excerpt of the electoral list, the number of voters who have cast their vote, the number of votes each candidate received and the number of void ballots.

 

All circumstances and facts, which are of importance to the voting process, must be entered in the working report of the electoral board.

 

All members of the electoral board may give their remarks and opinions, which will be entered in the report.

 

 

 

 

The representatives of certain candidates may also give their

remarks and opinions, which will be entered in the report, if they

have attended the work of the electoral board.

The report is signed by all members of the electoral board.

 

 


Article 52

 

The electoral board submits the working report together with the remaining electoral material to the authorized electoral commission within 18 hours after the closing of the polling station.

 

 

4. Dete=ining results of the election

 

 

Article 53

 

Based on the voting results in all polling stations, the authorized electoral commission will determine the election results for representatives of the constituency.

 

When determining the election results, the authorized electoral commission shall also consider the ballots stipulated under article 48 paragraph 3 of this Law.

 

 

Article 54

 

The candidate who receives the majority of votes in the constituency shall be elected representative, under condition that the number of received votes is not less than one third of the total number of voters compared to the electoral list.

 

If none of the candidates receive the required number of votes, as stipulated under paragraph 1 of this article, or if less candidates are elected than the required number for representatives of the constituency, the voting procedure will be repeated in that constituency 14 days after the first round of elections.

 

Those candidates who have received a 7'@ minimum of the votes in the first election round may run in the second round.

 

The entire election procedure shall be repeated in the constituency if none of the candidates receive the required majority as stipulated under paragraph 3 of this article.

 

The candidate who receives the majority of the votes in the second round will be elected representative.  If two or more candidates receive the same number of votes in the second round, the final decision will be made by drawing lots.

 

Article 55
Should the electoral commission discover irregularities in the polling stations during the elections, which may effect the election results, the votes in certain or in all polling stations shall be canceled and new elections will be scheduled.

 

 

Article 56

 

Electoral commissions draft working reports in which the following information is entered: the number of voters registered in the electoral list, the number of voters who have cast their votes, the number of void ballots, the name and surname of each candidate, the number of votes each candidate received, the name and surname of the elected candidate, etc.

 

All members of the electoral commission may give their remarks and opinions, which will be entered in the report.

 

The report is signed by all members of the electoral commission.

 

 

 

Article 57

 

Having determined the election results in the constituency, the electoral commission of that constituency submits the entire electoral material to the state election commission, which will announce the final results of the elections for members of the Assembly of the Socialist Republic of Macedonia and submit a report to the Assembly accordingly.

 

The municipal electoral commission announces the election results for the municipal assembly and is obliged to submit a report on the elections and results to the assembly accordingly.

 

 

 

Article 58

 

The municipal electoral commission issues an election certificate to the elected councilors.

 

The state electoral commission issues an election certificate to the elected members of the assembly.

 

VIII.  TERMINATION OF THE MANDATE

 

 

 

 

 

 


Article 59

 

The mandate of the representatives shall terminate prior the term of expiration in the following instances:

 

1)      due to recall;

 

2)      due to resignation;

 

3)      when unconditional prison sentences of six months or other severe punishments are imposed;

 

4)      in cases of incompatibility with the appointed function;

 

5)      in cases of death and

 

6)      when deprived of legal liability by way of legal decision.

 

The mandate of the representative shall terminate in the instances stipulated under items 3, 4, 5, and 6, paragraph 1 of this article.  During the first session of the assembly following the announcement of the relevant incident, the assembly shall pronounce the termination of the mandate of the representatives on the date the session is held.

 

In cases of recall, the mandate of the representatives shall terminate following the decision for recall.

 

 

 

 

IX.           RE-ELECTIONS AND BY-ELECTIONS

1.          Re-elections Article 60

Re-elections are conducted:

 

1)         when the authorized electoral commission cancels the elections due to irregularities in the voting procedure; and

 

2)         in instances stipulated under paragraph 4 article 54 of this Law.

 

Re-elections are also conducted in instances when the assembly invalidates the chosen candidate during the procedure of mandate verification, due to irregularities in the elections.

 

 

 

 


Article 61

 

During re-elections that are conducted due to instances stipulated under paragraph 1, item 1 article 60 of this Law, votes are cast according to the permanent list of candidates, whereas during re-elections that are conducted due to instances stipulated under paragraph 1, item 2 article 60 of this Law, votes are cast according to the new list of candidates which is determined in compliance with this Law.

 

The new list of candidates for re-election is submitted 10 days latest prior to the scheduled date of the re-elections.

 

 

 

Article 62

 

The authorized electoral commission announces the re-elections stipulated under items 1 and 2 paragraph 1 article 60 of this Law.  The assembly announces the re-elections stipulated under paragraph 2 article 60 of this Law.

 

The decision that announces the re-elections also designates the date on which they will be held.

 

2.         By-elections Article 63

By-elections are conducted in cases when the mandates of the members of the assembly terminate prior to their elected terms or in instances stipulated under paragraph 3 article 30 of this Law.

 

 

Article 64

 

The President of the assembly announces the by-elections 15 days latest prior to the termination date of the mandate of the member of the assembly.

 

 

Article 65

 

Unless otherwise stipulated in the provisions of articles 60-64 of this Law, the provisions pertaining to regular elections shall also be applied for re-elections and by-elections accordingly.

 

 

 


X. RECALL

Article 66

The provisions of this Law pertaining to the procedure for nomination and appointment of candidates for members of the assembly shall be applied accordingly when nominating and recalling members of the assembly.  The procedure of recalling members of the assembly requires three times as many signatures provided by civilians stipulated under article 20 of this Law.

 

Proposals must include the name and surname of the member to be recalled, the assembly in question and the reasons for the recall.

 

 

 

Article 67

 

The provisions of this Law pertaining to the elections shall be applied accordingly to the announcement of the recall, the vote for recall, the working report of the electoral commission and electoral boards and to the submission of the voting results.

 

 

 

Article 68

 

The results of the vote for recall shall be considered valid if more than half of the total electorate in the constituency has cast their vote.  Members of the assembly are recalled if more then half of the electorate has voted in favor of their recall.

 

 

 

XI.           ELECTION AND RECALL FUNDS

 

Article 69

 

The funds utilized for the election and recall of members of the assembly are provided from the state or municipal budget and are at the disposal of the municipal or state electoral commissions.

 

Two thirds of the election funds are used to cover expenses incurred by electoral bodies intended for the electoral activities.

 

one third of the election funds are used to cover a portion of the expenses incurred by political parties and other types of

 


associations, whose candidates have been elected as representatives and for representatives elected as "independent candidates".

 

 

 

 

 

The number of votes received by each candidate is used as the base for calculation of the funds, which are to be allocated among the chosen candidates

 

 

 

XII.         PROTECTION OF THE RIGHT TO VOTE

 

 

Article 70

 

All candidates and voters are entitled to file complaints to the authorized electoral commissions against irregularities in the candidacy procedure, in the procedure of collecting signatures or in the process of election and recall.

 

Complaints against irregularities in the candidacy procedure, in the procedure of collecting signatures and complaints related to the list of candidates of the constituencies, are submitted within 48 hours from the occurred actions, which are considered incorrect by candidates or from the date the list is published.

 

Complaints against irregularities in the election or recall process are submitted within a period of three days from the date the election or recall are completed.

 

The authorized electoral commission must resolve complaints latest within three days from the date of their submission.

 

 

Article 71

 

Should the authorized electoral commission, when resolving complaints, determine irregularities in the procedures of the candidacy, election or recall, that may have significantly effected their results, the commission shall invalidate all actions in that particular procedure and decide the period in which it will be repeated.  Should such irregularities be detected in the procedure of election or recall, they shall be invalidated and re-elections shall be announced in the polling station in which the election or recall has been invalidated.

 

Article 72
The submitter of the complaint has the right to appeal against the decision of the electoral commission.

 

 

 

 

 

 

 

Appeals against decisions of the municipal electoral commissions are filed with the authorized municipal court.  Appeal against decisions of the electoral commission of the constituency or the state electoral commission are filed with the Supreme Court of Macedonia within 48 hours upon receipt of the decision.

 

Appeals are filed through the authorized electoral commission.

 

The authorized court shall bring a decision concerning the appeal within 48 hours upon receipt.

 

XIII.          PENALTY CLAUSES Article 73

Registered political parties and other types of associations shall be fined from 2,000 to 25,000 dinars for organizing presentations of their candidates and pre-election campaigning contrary to the provisions stipulated under articles 32 and 33 of this Law.

 

The person in charge of the political party or other type of association shall be fined from 1,000 to 2,500 dinars for violations stipulated under paragraph 1 of this article.

 

 

 

Article 74

 

Physical persons shall be fined from 500 to 2,500 dinars or sentenced up to 30 days in prison for the following violations:

 

1)       for holding civilians responsible for casting a vote, demanding them to disclose their vote or account for not voting (article 3 paragraph 2);

 

2)       for presentations or pre-election campaigning 48 hours prior to the scheduled date of elections (article 33);

 

3)       for causing disorder at the polling station or refusing to leave the polling station following the interference of the electoral board (article 43 paragraph 3); and

 


4) for agitating the electorate (article 49).

 

 

 

 

XIV.  TRANSITIONAL AND CONCLUDING PROVISIONS

 

 

 

 

 

Article 75

 

 

The Law for election of members of delegations and delegates in the

assemblies of the socio-political communities and self-management

communities   ("Official gazette of the Socialist Republic of

Macedonia"   no. 48/89) shall no longer be applied when this Law

enters force.

 

 

Article 76

 

This Law shall come into force on the eighth day from the date of

publication in the "Official gazette of the Socialist Republic of

Macedonia".

 

 

 

 

 

 

 

 

 


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