Dragan Koprivica, Raško Konjević, Damir Rašketić
Manual for Election Observers Editor in chief Center for Democratic Transition – CDT Podgorica For the editor Marko Čanović Technical editor in chief Aleksandar Pajević Lector Vukić Konjević, prof Print Grafo Crna Gora Circulation 1000 copies Podgorica, October 2002.
We would like to thank National Democratic Institute which, with the assistance of USAID, provided financial and technical support for this project. CDT – LET THE FREEDOM BE YOUR CHOICE Address: Bulevar S. Kovačevića 56, Podgorica Phone /fax: 081 60 10 50 www.cdtmn.org E-mail: cdtmn@cg.yu
Manual for Election Observers Introduction
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I
Electoral Procedures
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1. 2. 3. 4. 5. 6.
4 4 6 8 8
7. 8. 9. 10.
II
III
Polling board Election Materials The Polling Station Environment Preparations for Opening the Polling Station The Voting Procedure Significant changes of the Law on the Election of Councilors and Representatives regarding the “sure vote� Voting according to special circumstances Assistance during the voting Voting Outside the Polling Station Situations that are to be entered in the Record of work of the Polling Board before closing polling stations and counting votes Closing of Polling Stations and Counting Procedure Reasons for Dismissal of the Polling Board
10 10 10 10 11 11 13
Instructions for Observers on Election Day
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1. Rules of Behavior 2. Instructions for Observing and Reporting
14 15
Annex
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Our Right to Monitor Elections Administrative Structure of Elections Republic Election Commission (REC) Municipal Election Commissions (MEC) Voters Our Identity Card
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17 18 18 19 20 22
Introduction
One of the most important elements for the development of civil society in Montenegro is independent and impartial monitoring of the elections by domestic nongovernmental organizations. The Center for Democratic Transition is a nongovernmental organization, whose membership is young people who support the development of democratic processes. So far, the organization has initiated its fourth campaign of civic monitoring of the elections in Montenegro. Your rights and obligations as an accredited CDT observer for parliamentary elections, which will be held on October 20, 2002, are stated in the Law on Election of Councilors and Representatives and in this manual. We have arranged the manual in a way that, at the very beginning, we offer you information, which will be most important for you on Election Day, including the legal provisions and directions for monitoring according to the order of electoral activities at the polling station. In order to carry out your duties in the most professional way, wider knowledge about the competences of the different boards that take part in the election process will be of use to you, thus we have put this kind of information in the Annex. In the Annex, you can also find the information about CDT’s program and activities. Please read the manual carefully and respect the instructions strictly, paying special attention to the rules of behavior for observers. Thank you in advance for your participation, which will contribute to the conduct of fair and transparent election processes and the strengthening of trust in the democratic development of Montenegrin society. CDT
I
Electoral Procedures 3
1. The Polling Board The Polling Board directly administers the voting process at the polling station, ensures the regularity and secrecy of voting, and establishes the results of voting at the polling station. It also keeps order at the polling station during the voting and nominates two of its members to administer voting outside of the polling station. A Polling Board is appointed by the MEC for each polling station not later than 10 days prior to the Election Day. The Polling Board in its permanent composition consists of a chairman and four members. In the Polling Board’s permanent composition, two members are appointed at the proposal of a party or coalition, which has the majority in a respective municipal assembly. Two representatives, one from each of two opposition parties in the municipal assembly that won the largest number of votes in the last election, are also included in the permanent composition of the Polling Board. The number of chair persons that each party represented in the respective municipal assembly has on Polling Boards is proportional to the number of mandates in the municipal parliament. And, the MEC determines polling stations where a party would propose its representative for Polling Board chair by drawing lots. The Chairman and members of the Polling Board, as well as the authorized representatives, may each have deputies who replace them in the event of their absence or inability to perform their tasks and duties. 2.
Election Materials
The Polling Board takes election material from the Municipal Election Commission (MEC) at least 48 hours before the elections. Election material consists of: -
Voting ballots; General electoral lists; Extracts from the Register of electors for that polling station; Special and official envelopes; A record of the work of the Polling Board form; Sufficient ballot boxes, which are transparent, and the means to seal the boxes; Other instruments necessary for voting (polling booths, the book of voters, spray, optical reader, etc.)
a) Voting Ballots The Voting ballot includes: - The constituency; - The ordinal number, which is put in front of the candidate list; - The title of the electoral lists, according to the schedule confirmed for the general electoral list, and its ordinal number; - A remark stating that voters are to choose only one candidate on the list by 4
circling either the title or name/surname of the first candidate on the list. On the back of the voting ballot in the upper right corner should be the name of the municipality, the name and number of the polling station, and the stamp of the Polling Board with the title and number of the polling station. The voting ballot is printed so that it contains two parts: a control coupon that has a unique serial number and the actual voting ballot. The unique serial number is not printed on the voting ballot portion. The control coupon and the voting ballot are separated by perforation. The number of ballots should be equal to the number of voters in the Register of Electors, and the number of extra ballots cannot be more than 3% of the total number of voters. b) The General Electoral List The general electoral list with the names of the electoral lists and all its candidates during the voting process has to be visibly posted at the polling station. c) Extracts from the Register of Electors for that Polling Station The Register of Electors is a public document where the names of citizens who have the right to vote are entered; it is only used for the elections. -
The Register of Electors includes: The unique ordinal number under which s/he is entered in the Register; First name and surname; Date and place of birth; Citizenship; Address and date of last statement of personal residence; Unique personal number of voter.
The body in charge for the Register of Electors compiles verified extracts of the Register for each polling station. Each extract, besides information entered in the Register of Electors, contains: - The name of the body in charge; - The date of compilation and the designation of the polling stations. d) The Book of Voters The body in charge of the Register of Electors issues a Book of Voters for each polling station. It includes: - Name and surname; - Date and place of birth; - Address of the voter; - Residence; - Unique personal number of the voter; 5
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Place for signature.
If the unique personal number of the voter is not determined, then the personal identification number is entered in the book. e) The Record of the Work of the Polling Board The record of the work of the Polling Board (the minutes) is written on the appropriate form. The Record form contains information about people who were monitoring the work of Polling Board and how much time they spent at the polling station. The Chair enters the information in the Record, and all possible remarks of the members of the Polling Board are entered at the moment they are made. f) Ballot Boxes The Ballot Box is transparent and made of appropriate material in proper dimensions. The Polling Board seals the ballot box with appropriate instruments. A ballot is attached to the box. The Ballot Box must be placed so that all members of the Polling Board can clearly see it. g) Polling Booths Polling booths have to be made of adequate material (not paper or cardboard) and must be placed so that secrecy of voting is completely secure. h) Box for Keeping Control Coupons The box for keeping the control coupon is made of appropriate material (cardboard, wood, plastic) and has a cover. It has internal compartments, which correspond to the dimension of the coupon.
! If you have any special concerns regarding the quality and quantity of election materials, please note your remarks on your observer ID form. You should also note the eventual remarks of Polling Board members and political party representatives regarding election materials. Does the thickness of the paper on which the ballots are printed provide for secrecy of voting? 3. The Polling Station Environment Polling stations are established by the MEC upon the proposal of the authority in charge of running the Register of Electors at least 20 days prior to the Election Day. Polling stations must be arranged so that there is enough space for all members of the Polling Boards to see and have access to the ballot box and election materials at all times. Polling stations have to be visibly marked. Polling stations are located so that there are no more than 1,000 registered 6
voters for each polling station. A citizen votes at the polling station where he/she is entered in the Extract of the Register of Electors. Polling stations shall be opened at 8 a.m. and closed at 9 p.m. During “working” hours, the polling station must be constantly open. If public order and peace at the polling station is disturbed, the Polling Board may interrupt voting until order is restored. If voting is interrupted for more than one hour, it shall be prolonged for the time of duration of the interruption. The Police and other uniformed persons are not allowed to enter the polling station during the voting, unless invited by the Polling Board to enter the place where public order and peace has been disturbed. No one is allowed to come to the polling station carrying arms and dangerous objects. Persons having no rights or duties with regard to administration of the elections are forbidden to remain at the polling station. At the polling station and within 50 meters, it is forbidden to display political party symbols and other promotional materials that may affect the decision of the voters. Use of mobile phones and pagers is forbidden at the polling station. All members of the Polling Board or their deputies must be present at the polling station during the process of voting.
! Pay special attention to the maintenance of order at the polling station and its environment. Have you noticed any political party symbols or other promotional materials? Take note of which parties and where! Have you noticed the improper presence of police and other uniformed persons within or near the polling station? Have you noticed the presence of political party activists nearby the polling station who may affect the decision of the voters? Have you noticed in any way disrespect for the electoral silence on Election Day by using speakers or electronic media for the purposes of propaganda, distribution of pamphlets, etc.? 4. Preparations for Opening the Polling Station Before opening the polling station, the Polling Board will determine by drawing lots the permanent member who, in the presence of other members, will make a 7
deliberate damage to the polling board stamp by cutting or burning the rubber matrix, and will also select a permanent member of the Polling Board who will be stamping the ballots with the damaged stamp as the ballots are handed over to the voters. The control coupon of the voting ballot is not stamped with the Polling Board stamp. By drawing lots, a member of the Polling Board is selected to remove the control coupon from the ballot after the voter has voted, and a permanent member is selected by drawing lots to be in charge of voting outside the polling station. Voting ballots are arranged according to the sequence of the serial numbers on the control coupon so that they can be handed to the voters in that sequence. In the presence of the voter who is first in line at the polling station, the Polling Board will check the ballot box. The result of this control is registered on the control sheet signed by all members of the Polling Board and the first voter. After that, the control sheet is placed in the ballot box, which is sealed in the presence of the first voter, and this action is noted in the Record.
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How would you evaluate the quality of preparations at your polling station? ‰ ‰ ‰
5.
Was the procedure related to the control slip respected? Were the ballot boxes sealed properly? Were the members of the Polling Board appointed to their respective duties at the polling station by drawing lots? The Voting Procedure
- Each citizen votes in person. - A voter can vote only once during elections. - Voting is secret. In the event that the Polling Board does not arrange the polling station in a way that provides for the secrecy of voting (polling booths or a cabin), the Polling Board shall be dismissed and voting repeated. A voter shall fill in the ballot exclusively in the space provided for that purpose (a polling booth or cabin) such that noone can see how she/he voted. Should a voter infringe on the secrecy of voting by voting outside of the provided space or, if after voting, shows the Polling Board publicly how he/she voted, the president of the Polling Board -- based on a decision and in the presence of the Polling Board -- is obliged to declare the ballot paper invalid after the control coupon is separated, by scratching and packing it in a special envelope and putting the envelope into the ballot box instead of the voter. An authorized representative of the Polling Board checks with ultraviolet light each voter when he/she enters polling station in order to determine if there is the presence of invisible ink. 8
With confirmation that there is no of invisible ink, the voter will prove his/her identity by showing some form of identification with a photograph and a personal number or ID number on it (i.e., the ID card, passport or driver’s license). A member of the Polling Board who conducts the identification of voters, as well as other members of the Polling Board, are forbidden to state -- especially not aloud - the first and last name of the voter, as well as his/her ordinal number on the Register of Electors. Upon confirming the identity of the voter, a member of the Polling Board: - Circles the ordinal number before his/her name in extract of the Register of Electors; - Explains the voting procedure to him, and hands over a ballot paper, which is stamped with the aforementioned damaged stamp on the back of the ballot. A voter confirms taking a ballot by signing the Book of Voters. Then, a member of the Polling Board puts invisible ink on the right index finger and warns the voter to keep finger up until the ink is dried. If the voter doesn’t have right index finger, the order of fingers that the ink should be put on is: thumb, finger 3, 4, 5, and if he doesn’t have a right hand the same order is applied on the left hand. If the voter doesn’t have fingers, the ink test is not applied. If a voter refuses to have his/her finger sprayed with the special ink, the Polling Board will not allow him/her to vote. If requested by a voter, members of the Polling Board can explain the voting procedure again. A voter chooses only one candidate list by circling either: The ordinal number before the title of the candidate list; The title of the candidate list; or, The name and surname of the first candidate on the list. After voting the voter folds the marked ballot paper in a manner that conceals for whom s/he has voted -- but leaves the control coupon free. The voter then goes with the ballot to a member of the Polling Board, who was chosen by drawing lots, to remove the control coupon. Then the voter places the ballot paper in the ballot box and leaves the polling station.
!
Please pay attention to the organization of Polling Board Members Are the Members of the Polling Board organized in accordance with the electoral procedure? Also pay attention to whether the polling board members do the following: 1. Check each person with ultraviolet light; 2. Identify voters;
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6.
3. Circle the voter’s names on the Register of Electors; 4. Seal the ballots, sign the Book of Voters, put the invisible ink, and explain the voting procedure; 5. Remove the coupons and place ballots in the ballot box? Were there any cases of voting on behalf of another person? Was the control coupon removed immediately before placing the ballot in the ballot box? Were there any cases of public voting and was the procedure concerning the annulment of ballots respected? Are any voters allowed to mark their voting ballots from outside the voting booth? Significant changes of the Law on the Election of Councilors and Representatives regarding the “sure vote”
Members of the Polling Board, as well as persons who follow the work of the boards conducting elections are forbidden to keep any record on voters who voted, as well as copies of the Register of Electors or any other additional records about voters. Should a member of the Polling Board or a person who follows the work of boards in charge of administering elections act contrary to paragraph 1 and 2 of Article 71a, the president of the Polling Board will warn him/her, and, in case the person continues to block the work, the chair of the Polling Board, upon a previous decision of the Polling Board, will send him/her away and this act will be entered into the Record on the work of the Polling Board. If a member of the Polling Board is sent away from the polling station, the chair is obliged to allow his deputy to replace him.
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Did anyone of Polling Board members or party representatives take notes
on the voters and, if so, was the procedure in question respected? 7.
Voting according to special circumstances
Assistance during the voting If for reasons of blindness, disability or illiteracy, a voter needs assistance in marking his/her ballot, s/he has the right to bring another person who is not a member of the Polling Board with him/her to mark the ballot and perform the voting procedure for him/her. Voting Outside the Polling Station A voter who cannot come to the polling station because of sickness or age informs the Polling Board that s/he wishes to vote. A member of the Polling Board in charge of voting outside the polling station will enable that voter to cast his/her ballot in a manner that ensures secrecy of the vote. After being informed, the member of the Polling Board in charge of voting outside the polling station will bring the voter an official envelope containing the stamped ballot paper, the general candidate list with all candidate lists included, and a special envelope to put his marked ballot paper. After the 10
voter has voted, s/he will place the ballot paper in the special envelope, which is then sealed and wax-stamped in his presence by a member of the Polling Board. The sealed envelope is then placed in the official envelope, which is also sealed in the presence of the voter by the member of the Polling Board. The Polling Board member delivers the official envelope to the Polling Board, which opens it, circles the ordinal number before the voter's name on the extract, and places the special envelope into the ballot box. Utilizing this method of voting should be entered into the Record.
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If there were any voting under special circumstances on your polling station,
please make a note of it: ‰ ‰
8.
Are the appropriate procedures being followed with regard to voting of sick and disabled persons? Were their any voters who unnecessarily used this method of voting? Situations that are to be entered in the Record on the work of the Polling Board before closing of polling stations and counting the votes
1) Breaking the rules on maintenance of order at the polling station and eventual dismissal of one of the Polling Board members, 2) Voting outside of the polling booth, 3) Annulment of ballots due to public voting, 4) Temporary interruption of the voting, reasons and duration of the interruption, 5) Taking notes on voters and all situations related to this interruption, 6) The assessment of the quality of the election material, 7) The procedure related to the control slip, 8) The voting procedure for blind, illiterate and disabled persons, i.e. persons who need assistance during the voting. 9.
Closing of Polling Stations and Counting Procedure
Voters who are present at the polling station at the time of closing are allowed to cast their votes. The polling board is to determine the number and identity of such voters before extending the hours of the Election Day. After the polling station has been closed, the Polling Board begins to count the votes and determine the election results in its polling station. Counting procedures should proceed as follows: - The number of unused ballot papers are counted and placed in a separate envelope, which is sealed. - The number of control coupons separated from the ballot papers are counted and placed in a separate envelope, which is sealed. - The number of voters who have voted based on the extract from the Register of Electors is determined. - When the ballot box is opened, it is first determined if the control slip, put in the ballot box at the beginning of voting, is in the ballot box. 11
- Valid ballots are separated from invalid ballots. -
Invalid ballots include: Unmarked ballots; Ballots marked in such a way that it is not clear for which candidate list the voter has voted; Ballots with more than one candidate list circled.
The Polling Board counts and notes in the Record: - The number of invalid ballot papers; - The number of valid ballot papers; - The number of votes cast for each candidate list. The Polling Board enters into the Record: - The number of ballots received; - The number of unused ballots; - The number of used ballots; - The number of valid ballots; - The number of voters according to the extract of the Register of Electors; - The number of voters from the voter’s list who have voted; - The number of voters who have voted by post. Also entered into the Record are any remarks and opinions of Polling Board members, as well as other facts that may be relevant to the election. All members of the Polling Board sign the Record, and each receives a copy of the Record. The Polling Board places unused, invalid and valid ballot papers in separate envelopes and seals the envelopes. The completed Record of the Work of the Polling Board, the extract of the Register of Electors, ballots, the control coupons, the stamp of the Polling Board, and any other remaining electoral material is placed in another envelope and sealed. The envelope with all election materials is delivered to MEC without delay and not later than 12 hours after the polling station has closed.
! Please evaluate the closing of polling stations and counting procedure by noting the following remarks in the ID document: Were there any voters present at the polling station at the time of its closing? Were the unused ballot papers sealed and placed in the envelopes before the ballot box was opened? Was the control slip found in the ballot box after its opening? Were the number of ballots in the ballot box after its opening larger than the number of voters who voted according to the extract of the Register of 12
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Electors? Were all remarks of the Polling Board members entered in the Record? Note the number of ballots, which Polling Board considers invalid.
Was the determination of invalid ballots legitimate? Was there any special kind of invalid ballots? 10.
Reasons for dismissal of the Polling Board
In the event that any of the following occurs, the Polling Board is to be dismissed and voting is to be repeated: < < < < < <
Voters waiting in line at the time of closing are not allowed to vote; The control slip is not found in the ballot box at the start of counting; A member of the Polling Board tries to influence the decision of a voter; A member of the Polling Board does not give appropriate attention to providing conditions for complete secrecy and order of voting; If alterations to the extract of the Register of Electors is made from the day of its composition to the day of conducting the election, as well as on election day; If the number of ballots in the ballot box are larger than the number of voters who voted.
The Polling Board can be dismissed in the following circumstance: < < < < < <
If political party symbols or other promotional materials are displayed at the polling station or within 50 meters; A voter does not vote in person; A voter casts more than one ballot; Voting is not done with verified ballot papers; A voter does not confirm that s/he has taken the election material by signing his/her name in the separate Book of Voters; Someone comes to the polling station carrying arms or dangerous instruments.
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II Instructions for Observers on Election Day 1.
Rules of Behavior
The success of our civic monitoring project is dependent on the projectâ&#x20AC;&#x2122;s organization, as well as the behavior of each individual observer. Our goal is to ensure that the organization is perceived as a truly independent and reliable organization reporting on the election process for the benefit of the Montenegrin population. For the CDT findings to be accepted by a wide majority of the Montenegrin population, it is imperative that all those associated with our project carry out their duties professionally and without political bias. And, that means the following: - As an observer, we ask that you maintain total impartiality in the conduct of your duties, expressing no political preference, carrying no signs of political parties and giving no comments related to the Republic authorities, political parties, individual candidates or electoral results. - As an observer, we ask that you refrain from talking to the media at any point during the election process. -
As an observer, we ask that you not to interfere with the electoral process.
Please pay attention to the following article of LECR: Members of the Polling Board, as well as persons who follow the work of the boards in charge of conducting elections, are forbidden during the voting process to keep any record on voters who voted, as well as copies of the Register of Electors or any other additional records about electors. Should a member of the Polling Board or a person who follows the work of the boards in charge of administering elections act contrary to paragraphs 1 and 2 of Article 71a, the president of the Polling Board will warn him/her, and, in a case the person continues to obstruct the work, the chair of the Polling Board, upon the previous decision of the Polling Board, will send him/her away and that action will be entered into the Record on the work of the Polling Board. If a member of the Polling Board is sent away from the polling station, the chair is obliged to allow his deputy to replace him. CDT considers that you are authorized to take notes on the number of voters who have voted, but we have asked REC for further clarification of this matter. Additional information concerning this problem will be given to you during the trainings. Regulations and duties of the observers, determined by the law, can be found in the Annex. Observers should be: 14
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Nonpartisan, rational and have the ability to observe; Informed about all rights that they have as observers; Informed about election rules and all possible irregularities; Familiar with recording and reporting procedures; Organized for monitoring of the polling station and delivering reports.
2.
Instructions for Observing and Reporting
In order to observe voting and counting procedures better, and make your job easier, bring with you: - Your accreditation; - Identity card or some other identification document; - This manual; - Observer forms; - A writing instrument; - A sandwich and drink (non-alcoholic). Observers should come at least half an hour before the polling station opens. When you come to the polling station introduce yourself to the Chair and other Polling Board members. Introduce yourself to other observers too, and find out to which parties or coalitions they belong. Bring your accreditation to the polling station and carry it in a conspicuous manner. Choose your seat, ensuring you do not cause an obstruction to the voting process, but making sure you can clearly see the proceedings. Please do not use mobile phones at the polling stations, except in a case of emergency, phones should stay turned on (silent mode, i.e. all tones turned off). This means that conversations with your coordinators are to be conducted outside of the polling station. Use this manual and check if all procedures stated in it have been obeyed. Note your remarks in the observer form. As a non-party observer of CDT, you should be aware of the atmosphere inside and outside of the polling station. Please remain at your polling station until the counting of votes is finished, fill out and sign the reporting form. Please do not express your feelings about election results while you are CDT observer.
!
If OSCE representatives or representatives of any other international
organization visit your polling station, you are expected to initiate a conversation in which you explain what organization you are working for, as well as to express your impressions on the quality of the procedure at your polling station. Representatives of the international organizations either speak our language or have translators, therefore the communication will occur without problems. If you notice any problem or violation of election procedures, carefully and politely bring 15
it to the attention of the Polling Board chairman and note it on your observer form. The way you address the chairman of the Polling Board should not be in any way interpreted as giving instructions/orders or interfering with the electoral procedure. Depending on the “weight” and seriousness of the problem: a) Note your remarks on your reporting form; or, b) If there was a greater violation of the election procedure or violation of law, note your remarks in the reporting form, and contact your Municipal Coordinator by phone or fax. Each observer should distinguish between innocent mistakes in implementing the election law and violations that could greatly affect election procedures. Serious violations are considered:
Systematic violations of election procedure Violations that could influence the free choice of voters Violations of the secrecy of voting Violations that could fundamentally influence the election results.
The above-stated violations should be entered in the OI form, i.e. the form for serious incidents. Besides all that mentioned above, we suggest that you pay attention and immediately contact your municipal coordinator in the following situations: -
You or other observers are not allowed to enter the polling station or you were forced to leave it; Chaos and confusion at the polling station.
You should note down your observations in the report form, and, according to the agreement, deliver it to your municipal coordinator.
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III
ANNEX
Our Right to Monitor Elections The right for us to observe the elections is provided by the document of the 1990 meeting of the then-Conference for Security and Cooperation in Europe. In section 8 of that document, signed by the government of the Socialistic Federal Republic of Yugoslavia, it says: The participating States, consider that the presence of observers, both foreign and domestic, can enhance the electoral process for States in which elections are taking place. They therefore invite observers from any other CSCE participating States and any appropriate private institutions and organizations who may wish to do so to observe the course of their national elections proceedings, to the extent permitted by law. They will also endeavor to facilitate similar access for election proceedings held below the national level. Such observers will undertake not to interfere in the electoral proceedings. The Law for Election of Councilors and Representatives states: Authorized representatives of the local nongovernmental organizations registered for observing the exercise of political rights and freedoms shall be allowed to monitor the course of the election and the work of the bodies in charge of administering the election (Article 111a). Authorized representatives of foreign countries and relevant international organizations and nongovernmental institutions, registered for observing the election and the exercise of the suffrage, may monitor the course of the election and the work of the bodies in charge of administering the election in conformity with provisions prescribed by this law (Article 111v). Local nongovernmental organizations that show interest in observing the elections shall apply at least five days before Election Day to the Republic Election Commission providing the name of the organization, the certificate of entering the registry, and the number and composition of the observer's representatives. NGOs that are issued official authorization from the REC shall be issued identification cards for each observer bearing the name and surname of the observer and title of the organization to which the observer belongs. Obligations < < <
The person to whom the ID card is issued will be obliged to carry it in a conspicuous manner (Article 111d, LECR). The Polling Board shall enter into the Record the presence of observers at the polling stations (Article 111dj, LECR). At the proposal of election administrative bodies, the REC can withdraw authorization and the identification card from any person who fails to observe the rules with regard to the maintenance of order at the polling stations or rules regarding the work of the election administration bodies (Article 111e, LECR). 17
<
Persons monitoring the operation of the election bodies are obliged to act in accordance with the law and the rules of conduct established by the Republican Election Commission; if any person breaks the rules of keeping order at the polling station, or in any other way, disrupts the work of an election body, the election body may remove them and enter this in the Record (Article 22, LECR).
Rights < <
The bodies in charge of administering the elections will be obliged to provide for undisturbed attendance/observing of the election by foreign and local observers (Article 111dj, LECR). The work of the election administration bodies is public (Article 22, LECR).
Administrative Structure of Elections The Republican elections in Montenegro are administered by: < < <
Republic Election Commission Municipal Election Commissions, and A Polling Board for each polling station.
General provisions that apply to all electoral bodies include: < < < <
Any submitter of a verified candidate list has the right to appoint an authorized representative to the election administrative body (Article 18, LECR). Those serving on election administrative bodies must have the right to vote (Article 20, LECR). Election administrative bodies make decisions by a majority of votes of their members (Article 21, LECR). The work of the election bodies is public; members of the election bodies and observers are obliged to act in conformity with the law and the rules of conduct established by the Republic Election Commission (Article 22).
Republic Election Commission (REC) The Republic Election Commission in the permanent composition is comprised of a chair, a secretary and 8 members. The REC chair is appointed at the proposal of the party that won the largest number of councilor mandates at the last elections. The REC secretary is appointed at the proposal of the party that won the second largest number of councilors mandates at the last elections. All parties represented in the Parliament of the Republic of Montenegro appoint one of their representatives to the permanent composition of REC. Each electoral contestant with a registered candidate list can appoint an authorized representative who participates in the work of the REC and makes valid decisions beginning 15 days before Election Day. Authorized representatives and permanent members may each have a deputy who replaces them in event of their absence or inability to perform their tasks and duties (Articles 29-31, LECR). 18
Important responsibilities of the REC related to these elections include: < < < < < < < <
Ensure that the election is conducted legally and the provisions of the LECR are uniformly implemented; Monitor and offer professional advice on the implementation of the LECR; Coordinate the work of the Municipal Election Commissions, give instructions with regard to the implementation of the LECR and supervise their work; Establish unified standards for the election materials; Establish the forms for carrying out election procedures provided by the LECR; Determine the manner of proclamation of candidate lists; Determine the manner of handling and keeping the election material; Announce the total number of voters and their number by municipalities and polling stations.
Municipal Election Commissions (MEC) The Municipal Election Commission in the permanent composition consists of a chair, a secretary and 8 members. The permanent composition of the MEC is appointed according to the criteria established in the Article 16 of the LECR: In the event that one of the parties represented in the Parliament of the Republic of Montenegro does not have a political interest to appoint its representative to the permanent composition of MEC, it can offer its seat to some other political party. If it decides to do this, it it is obliged to inform the appropriate municipal assembly. The MEC chair is appointed at the proposal of the party or coalition that won the largest number of councilors mandates at the last elections. If the largest number of mandates in the last elections was won by a coalitional list, the MEC chair is appointed at the proposal of that party within the coalition that has the largest number of councilor mandates. The MEC secretary is appointed at the proposal of the party that won the second largest number of councilors mandates at the last elections. One representative for each party in the local parliament is appointed in the permanent composition of MEC. In the event that the coalitional lists or parties won the same number of mandates, the MEC chair is appointed at the proposal of the party/coalition that won the largest number of votes. Each electoral contestant with a registered candidate list can appoint an authorized representative who participates in the work of the MEC and makes valid decisions beginning 15 days before Election Day. Authorized representatives and permanent members may each have a deputy who replaces them in event of their absence or inability to perform their tasks and duties (Articles 24 and 25, LECR). Important responsibilities of the MEC include: < <
Ensure that the election is conducted legally; Do logistics for the administration of the election; 19
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Determine polling stations for the election of councilors; Form polling boards and appoint chairman and members of polling boards; Determine the number of ballot papers for each polling station, stamp them, and together with the verified extract from the register of electors deliver them with a written record to the polling boards; Determine whether the electoral lists for the election of councilors have been made and submitted in accordance with the LECR; Confirm and proclaim the electoral lists for the election of councilors; Publicize the number of electors in the municipality and by individual polling stations; Establish the results of the election of councilors and the number of votes for each candidate list, as well as the number of seats won by each candidate list for election of councilors; Issue certificates to elected councilors; Publicize the results of the election of councilors; Submit a report on the results of the election of councilors to the municipal council; Submit the data on the results of the election of councilors to the bodies in charge of the collection and processing of statistical data (Article 27, LECR).
Voters A citizen of Montenegro, who has reached 18 years of age, has the business capacity and has been a resident of Montenegro for at least 24 months prior to the polling day has the right to elect and be elected representative. A citizen of Montenegro, who has reached 18 years of age, has the business capacity, has been a resident of Montenegro for at least 24 months prior to polling day, and has resided in the municipality for at least 12 months prior to the polling day, has the right to elect and be elected councilor. Each municipality is responsible for maintaining the Register of Electors for the selfgoverning unit. Register of Electors is public document. The Secretariat for Development takes care of the Central Register of Electors (Articles 1, 2, 3, 4 of the Law on the Register of Electors â&#x20AC;&#x201C; hereinafter LRE). Citizens who are eligible to vote and also those who will gain the right to vote up to election day with regard to their age and residence are included in the Register of Electors. Citizens who are abroad during the elections and those who are attending military service or are taking part in a military exercise and those who are in detention or serving a prison sentence are included in the Register of Electors according to their last permanent place of residence. Only entities that are stripped of business capacity by the court are deleted from the Register of Electors (Article 5, LRE). The Register of Electors includes the unique ordinal number for each voter, the first name and surname, the date and place of birth, citizenship, the address and the date of last statement of personal residence and unique ID number of voter. If a voter does not have the identity card, i.e. he does not have unique personal number, the number upon which he is in the Register of 20
Electors is entered. If it is not possible to determine the date of the last report on the electorâ&#x20AC;&#x2122;s permanent place of residence, his identification number is entered or the date of the last report on the permanent place of residence of one of his parents (Article 7, LRE).
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Our ID card Center for Democratic Transition is a nongovernmental organization established in August 2000 with a goal to positively influence and further improve the beginning of democratic processes in Montenegro. This organization gathers mainly young people who try to promote norms and standards accepted in developed democracies. Of course, we support not only the application of the legal and democratic infrastructure in order to have fair and honest elections; but also support further improvement of human rights, rights of the national minorities, transparency of the processes of the privatization and involvement of a vast number of citizens in establishing their full political and civic rights. In our work so far we monitored the process of local elections in 2000 in Podgorica and Herceg Novi, the Federal elections, which the state body in Montenegro considered illegitimate and which were held in September 2000, the last Parliamentary elections in Serbia, extraordinary elections in April 2001 and elections for displaced persons from Kosovo on the territory of Montenegro in November 2001. Furthermore, we monitored the local elections in May 2002. All of our observations and analyses were publicly announced and their results were introduced to the relevant domestic and foreign institutions and representatives. In cooperation with National Democratic Institute (NDI) from Washington, we monitored the general elections in Bosnia and Herzegovina in April 2000. In the period from July to December in 2001, we also realized the first part of the project “Open Parliament,” which encourages citizen involvement and visits of an educative character to the Montenegrin Parliament and meetings with representatives. In the next project we have planned to continue with the realization of the project “Open Parliament,” as well as to initiate an Internship program for the students of the Montenegrin University. CDT is also a member of international informal network of NGOs called ENEMO, as well as the Montenegrin network NGO Akcija.
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