PRESIDENTIAL ELECTIONS
ACT
Promulgated State Gazette No 82/04.10.1991 Amended SG Nos.
98/1991, 44/1996; 59/1998; 24 & 80/2001; 90/2001(effective
September 18, 2001)
Article 1
This Act
defines the procedure whereby the President and the Vice President
of the Republic shall be elected.
Article 2
(1) The
elections of President and Vice President shall be conducted
simultaneously and throughout the country on the same
non-workday.
(2) The President and the Vice President shall be elected on the
same list of candidates.
Article 2a
The
organization and technical preparation of the elections shall be
carried out by the Council of Ministers, the District Governors and
the mayors.
Article 3
(1)
Candidates for President and Vice President may be nominated by the
political parties and coalitions through the persons representing
them, or by no fewer than 15,000 voters through an nomination
committee.
(2) (Amended, SG No. 80/2001) To be eligible to nominate
candidates for President and Vice President, a party or coalition
must meet the requirements of the Political Parties Act and the
requirements of the present Act.
(3) (Amended, SG No. 80/2001) To nominate candidates for President
and Vice President, voters must form a nomination committee of at
least 21 voters, which shall register with the Central Elections
Commission.
Article 4
Candidates
for President and Vice President must meet the requirements of
Articles 93 to 95 of the Constitution of the Republic of
Bulgaria.
Article 5
(Amended, SG No. 80/2001)
(1) No later
than 50 days before the date of the elections of President and Vice
President, the National Assembly shall elect a Central Electionsl
Commission for holding the elections.
(2) The Central Elections Commission shall consist of 21 members,
including a chairman, vice chairmen and a secretary. The chairman,
vice chairmen and the secretary must be nominated by different
political parties and coalitions.
(3) In the process of determining the composition and the
leadership of the Central Electionsl Commission, the basic
proportions among the political parties and coalitions, represented
in the National Assembly, must be preserved, and none of them shall
enjoy a majority.
(4) The members of the Central Elections Commission are Bulgarian
citizens of higher education, and a majority of these must have a
legal background.
(5) Members of the National Assembly, candidates for President and
Vice President, justices of the Constitutional Court and of the
Supreme Administrative Court, Principal Secretaries of the Council
of Ministers (the National Assembly, the administration of the
President or of Ministries) members of the political cabinet of the
Prime Minister, of Deputy Prime Ministers, Ministers, Chairmen of
State Agencies, as well as servicemen in the armed forces or
employees of the Ministry of Interior may not be members of the
Central Elections Commission.
Article 6
(1) The
candidates for President and Vice President shall be entered by the
Central Elections Commission in a special register upon
presentation of the following documents:
1. (Amended,
SG No. 80/2001) Nomination by the national leadership of the
respective party or coalition, which shall set forth the
candidates` full names, personal numbers, and residence addresses,
or by the nomination committee of voters with the candidates` full
names, personal numbers, residence addresses, and accompanied by a
list of names, personal numbers and signatures of no fewer than
15,000 voters;
2. Affidavit to the effect that the candidate has resided in the
country for the past five years.
3. The candidate's statement of acceptance regarding the
nomination.
4. Bank document for deposit paid pursuant to Article
6a.
(2)
Candidates for President and Vice President shall be registered no
later than thirty-five days before election day.
(3) The Central Elections Commission shall register the candidates
of parties, coalitions and nomination committees, as well as the
number of the ballot-paper for the respective list of candidates.
Ballot- papers shall be white.
(4) The number of the ballot-paper of the individual lists shall
be determined by the Central Elections Committee by means of
drawing lots, after their registration.
(5) The
documents submitted pursuant to paragraph (1) shall be filed by
sequence numbers. The sequence of submission shall determine the
sequence of entry in the register of the Central Elections
Commission.
Article 6a
(1) (Amended,
SG No. 80/2001) Upon putting forward a nomination for President and
Vice President the parties, political coalitions and the nomination
committees shall deposit to an account with the Bulgarian National
Bank election non-interest-bearing deposit to the amount of 5,000
Leva.
(2) After announcement of the final election results by decision
of the Central Elections Commission the deposits shall be
reimbursed to the political parties, coalitions and nomination
committees the candidates of which have received not less than 1
percent of the valid votes.
Article 7
(Repealed, SG No. 80/2001)
Article 8
(1) (Amended,
SG No. 80/2001) No later than twenty-five days before election day,
the Central Elections Commission shall publish the lists of
candidates with their full names, personal numbers and residence
addresses and the nominating party, coalition or nomination
committee in State Gazette.
(2) (New, SG No. 24/2001) The Central Elections Commission shall
announce the information from the report under Article 6, paragraph
2, items 1, 5, and 7 of the Access to The Documents of The Former
State Security and The Former Intelligence Department of The
General Staff Act about registered candidates at the locations
where the lists of candidates are announced.
Article 9
Voting shall
be effected by white ballot-papers in conformity with a sample
approved by the Central Elections Commission. A ballot-paper shall
set forth:
1. The number
of the ballot-paper determined by the Central Elections Commission
by means of drawing lots;
2. The name of the political party or coalition, or the
inscription "nomination committee", which have registered the
respective list.
3. The full names of the candidates for President and Vice
President.
Article 10
(Repealed, SG No. 80/2001)
Article 10a
The elections
for President and Vice President shall be conducted on the basis of
voter registries.
Article 10b
(Amended, SG No. 80/2001)
(1) No later
than 30 days before elections day the elections lists are composed
and announced under the terms and procedure of Title Three of the
Election of Members of the National Assembly Act.
(2)
Elections sections are set up under the terms and procedure of Art.
40 and 41 of the Election of Members of the National Assembly Act.
In diplomatic and consular missions elections sections are set up
on condition that no less than 10 voters have expressed their
desire to vote by means of a written application, containing the
name, place and date of birth, the series and number of the
passport.
(3) No less than seven days before elections day municpal
administrations and mayoralties submit to the regional elections
commissions copies of the registers of the certificates issued for
voting elsewhere.
Article 10c
(Repealed, SG No. 80/2001)
Article 10d
(Repealed, SG No. 80/2001)
Article 10e
(Repealed, SG No. 80/2001)
Article 10f
(Repealed, SG No. 80/2001)
Article 10g
(Repealed, SG No. 80/2001)
Article 10h
(Repealed, SG No. 80/2001)
Article 10i
(1) For the
purpose of holding elections for President and Vice Pesident the
territory of this country shall be divided into 31 election
regions, coinciding with the election regions for the last
elections of people's deputies.
(2) (Repealed, SG No. 80/2001)
(3) (Repealed, SG No. 80/2001)
(4) (Repealed, SG No. 80/2001)
Article 10k
(Repealed, SG No. 80/2001)
Article 10l
(1) (Amended,
SG No. 80/2001) For the purpose of holding elections the following
shall be formed:
1. Central
Elections Commission - for the entire country. The commission
functions until the entry into office of the President and Vice
Pesident;
2. Regional elections commissions - in each elections region;
3. Section elections commissions - in each elections
section.
(2) (Amended,
SG No. 80 & 90/2001) Persons included as members of the elections
commissions shall be relieved of their official duties for the time
necessary for work at the respective commissions. They shall be
entitled to unpaid official leave for such period of time, which
shall be recognized as length of service in their specialty or paid
annual leave they are entitled to. The monthly remuneration of
members of the Central Elections Commission shall be determined by
the National Assembly, and the remuneration of members of other
elections commissions - by the Central Elections Commission.
(3) (Amended, SG No. 80 & 90/2001) Regional elections commissions
shall be appointed by the Central Elections Commission not later
than 45 days prior to the elections day, by proposal of district
governors and in consulation with representatives for the
respective election region, authorized by the national leaderships
of political parties and coalitions represented in the National
Assembly. Where no agreement has been reached the district
governors shall propose to the Central Elections Commission
membership of the regional elections commissions in compliance with
the requirements of Art. 5, para. 3 5.
(4) Section elections commissions shall be appointed not later
than 35 days prior to the election day, by proposal of mayors of
municipalities in consultation with the local leaderships of
political parties and coalitions represented in the National
Assembly. Where no agreement has been reached, mayors of
municipalities shall propose to regional elections commissions
membership of the section elections commissions in compliance with
the representation of political parties and coalitions in the
National Assembly.
(5) (Amended, SG No. 80/2001) By proposal of the representatives
of the political parties and coalitions under paragraphs (3) and
(4) as members of the regional and section elections commissions
may also be nominated representatives of extra-Parliamentary
political parties and coalitions, as well as non-party members and
representatives of the nomination committees under Art.3,
para.3
Article 10m
(1) A
regional elections commission shall comprise a Chairman, two Deputy
Chairmen, a secretary and 3 to 7 members. The majority of the
members of the regional elections commission should be lawyers, if
possible.
(2) A section elections commission shall comprise a Chairman,
Deputy Chairman, a secretary and up to 4 members.
(3) In the course of determining the membership and leadership of
regional and section elections commissions the basic ratio shall be
retained as between political parties and coalitions represented in
the National Assembly.
Article 10n
(1) The
Central Elections Commission shall:
1. (New, SG
No. 80/2001) register the candidates for President and Vice
President;
2. (Amended, SG No. 80/2001) supervise the implementation of this
Act, and shall exercise methodological management of the operations
of regional and section elections commissions, and shall consider
appeals against acts and actions of regional elections commissions.
It shall announce final decisions thereon within 24 hours and
notify such decisions;
3. set forth the terms and procedures for participation in the
elections of observers from this country and from abroad, and shall
provide them with the respective document;
4. set forth by decision the terms and conditions for conducting
election campaign in the national and local mass media;
5. supervise
the conducting of the election campaign in the national mass
media;
6. register
observers of the candidates for President and Vice President and
issue certificates thereto according to an established
specimen;
7. assign by
competitive tender the computer processing of data from the
elections and the issue of bulletin with elections results;
8. determine
the number of ballot-papers by drawing lots.
(2) (Amended,
SG No. 59/1998) Decisions of the Central Elections Commission under
para.1, items 1 (including refusal to register candidates for
President and Vice President), 3, 7 and 8 shall be subject to
appeal before the Supreme Administrative Court within 3 days
following their notification. The Court shall consider the appeal
within 3 days of the receipt thereof at an open sitting, and shall
summon the appellant, the Central Elections Committee and the
parties concerned. The decision of the court shall be final.
(3) The regional elections commissions:
1. supervise
the implementation of this Act on the territory of the election
region and exercise control over actions of their section elections
commissions, as well as over the timely and proper formation of
election sections;
2. supervise the timely compilation and announcement of voter
registries, as well as the issue of licences for voting
elsewhere;
3. (Amended, SG No. 80/2001) consider appeals against decisions
and actions of the section elections commissions and announce their
decisions within 24 hours, which shall be final;
4. submit to the Central Elections Commission the protocols from
section elections commissions;
5. control the conduct of the election campaign in local mass
media. 6. (New, SG No. 80/2001) deliver to the Central Elections
Commission copies of the documents under Art. 10b, para.3 not later
than 3 days before elections day.
(4) (Amended,
SG No. 80/2001) Decisions of the regional elections commissions
shall be subject to appeal before the Central Elections Commission
within 3 days of the announcement thereof.
(5) Section elections commissions:
1. (New, SG
No. 80/2001) monitor compliance with this Act in the elections
premises and in the vicinity of the sections;
2. (Amended, SG No. 80/2001) prepare, organize and ensure the free
and peaceful voting at election sections and ensure access for
voting to persons with physical disabilities;
3. (Amended, SG No. 80/2001) count the votes, prepare in
compliance with a specimen the protocols for voting results and
submit them to the respective regional elections commission within
24 hours following the completion of voting, following which within
the same term they submit the remaining papers and materials to the
municipal administration;
4. consider
appeals and decide on them forthwith.
5. (New, SG No. 80/2001) announce in a public location the results
of the vote.
(6) On
elections day the instructions of the Chairman of the section
elections commission shall be mandatory for all persons within the
elections premises. These instructions may be repealed by decision
of the section elections committee.
(7) The protocols of the respective election commission shall be
signed by all members of the commission on each and every page. Any
member of the commission who does not agree with the contents of
the protocol shall sign it by stating dissenting opinion which
shall be entered in the protocol. Where for some objective reasons
a member of the commission is prevented from signing the protocol,
that should be explicitly indicated together with the reasons
thereof. The failure of a member of the commission to sign the
protocol for some personal, political or other reasons shall not
invalidate it.
Article 10o
(New, SG No. 80/2001)
The election
campaign shall be opened as of the day of publication of the names
of the candidates in the State Gazette and shall be concluded 24
hours before the elections day.
Article 11
Throughout
the election campaign, candidates shall receive equal coverage in
the news programmes of the national mass media.
Article 11a
(1) The
election campaign shall start and end with adresses of the
candidates for President and Vice President broadcasted by the
Bulgarian National Television and the Bulgarian National Radio,
whereas the sequence of adresses shall be determined by drawing
lots according to procedure specified by the Central Elections
Commission.
(2) The Bulgarian National Television and the Bulgarian National
Radio shall prepare blocks of speeches of not less than two but not
more than six pairs of candidates per day. The candidates on the
lists for President and Vice President shall have seven minutes for
their addresses at the start of the campaign and five minutes at
the end of the campaign.
(3) (Amended, SG No. 80/2001) The Bulgarian National Television
and the Bulgarian National Radio shall provide for disputes
television and radio broadcast time of 120 minutes once per
week.
(4) Half of the time for disputes under paragraph (3) shall be
distributed between the lists for President and Vice President
registered by the political parties and coalitions represented in
the National Assembly, pro rata to their representation. The other
half of the time under paragraph (3) shall be distributed in equal
parts to the lists for President and Vice President registered by
political parties and coalitions which are not represented in the
National Assembly or by nomination committees, but not more than
five minutes per list of candidates.
(5) The order of presentation in the disputes broadcasted by the
Bulgarian National Television and the Bulgarian National Radio
shall be set by drawing lots.
(6) (Amended, SG No. 80/2001) The teams and the conditions for
realization of the disputes shall be determined jointly by the
General Directors of the Bulgarian National Television and the
Bulgarian National Radio and the authorised representatives of the
candidates for President and Vice President registered for
participation in the elections.
(7) The regional television centers, the regional radio stations,
the municipal and local radio broadcasting units shall provide up
to two hours of television and radio broadcasting time per week for
pre-election broadcasts.
(8) (Amended, SG No. 80/2001) The Bulgarian National Television
and the Bulgarian National Radio, the regional television and radio
centers shall include in their election chronicles reports about
processions, meetings, concerts and other events organized by
parties, coalitions and independent candidates, in compliance with
the principle of equality in respect of duration, time and variable
sequence of broadcasts.
Article 11b
(1) The
regional television centers, the regional radio stations, the local
and municipal radio broadcasting units shall provide up to two
hours television and radio broadcasting time for disputes.
(2) (Amended,
SG No. 80/2001) The procedure for holding the disputes and the
participation of the candidates shall be determined according to
Article 11a.
(3) Entitled to participation in television and radio disputes
shall be the candidates for President, Vice President and their
observers, within the time period they are entitled to.
Article 11c
(1) In case a
second round of elections is to be held, the candidates shall be
entitled to make addresses by broadcasts of the Bulgarian National
Television and the Bulgarian National Radio on the last day of the
election campaign between the two rounds, within a time limit of 10
minutes, whereas the sequence of addresses shall be determined by
drawing lots by procedure set forth by the Central Elections
Commission.
(2) (Amended, SG No. 80/2001) By mutual agreement throughout the
period between the two rounds, within the specified broadcast time
by the Bulgarian National Television and the Bulgarian National
Radio, the candidates may hold disputes of duration up to 60
minutes. The procedure for holding the dispute shall be determined
according to Article 11a.
(3) The events under paragraphs (1) and (2) shall not be paid by
the candidates.
Article 11d
(1) The
participation in the pre-election disputes on the Bulgarian
National Television and the Bulgarian National Radio shall be paid
prior to broadcasting and according to tariffs specified by the
Council of Ministers.
(2) The addresses of the candidates shall be free of charge.
(3) The television and radio stations and the cable television
operators owned by natural and legal persons may provide broadcast
time for the election campaign of the candidates at equal prices
announced in advance.
(4) (Repealed, SG No. 80/2001)
Article 11e
(1) (Amended,
SG No. 80/2001) In case of violations of the order for conducting
the election campaign by an operator holding a license with
nationwide coverage the candidates concerned may file claims with
the Central Elections Commission. The claims shall be considered
provided they have been submitted within 24 hours of the respective
broadcast.
(2) (Amended, SG No. 80/2001) In case of violations of the order
for conducting the election campaign by by an operator holding a
license with regional of local coverage, the candidates concerned
may file claims with the regional election commission. The claims
shall be considered provided they have been submitted within 24
hours of the respective broadcast.
(3) (New, SG No. 80/2001) In case the claim is filed before a
commission not having competence, it shall immediately forward the
claim to the relevant commission, notifying the individual,
submitting the claim.
(4) (Amended, SG No. 80/2001) The election commissions under para.
1 and 2 shall rule on the claim within 24 hours of receiving it,
and their rulings shall final and binding for the respective
operator.
Article 12
(1) (Amended,
SG No. 80/2001) The total amount used to finance the election
campaign of each list of candidates may not exceed 2,000,000
levs.
(2) (Amended, SG No. 80/2001) Candidates for President and Vice
President shall be free to receive campaign contributions. The
amount of a single contribution shall not exceed 10 000 levs for a
natural person and 30 000 levs for a legal entity.. No foreign
State, nor any foreign natural or legal person, nor any joint
venture with more than 25% foreign interest, nor any legal entities
with more than 50% state or municipal participation shall finance
an election campaign.
(3) (Repealed, SG No. 80/2001)
Article 13
(Amended, SG No. 80/2001)
Should a
registered candidate be incapacitated by death or grave illness, he
may be replaced by another candidate not later than 7 days before
election day. Articles 3 to 6 shall apply accordingly.
Article 14
(Repealed, SG No. 80/2001)
Article 15
(1) The
results of the first round of balloting shall be announced by the
Central Elections Commission immediately after their determination
and no later than forty-eight hours after the election day has been
declared closed.
(2) If none of the candidates succeed in gaining a victory, the
Central Elections Commission shall announce the two leading
candidates from the lists which have won the highest number of
votes and shall hold a second round of the elections within the
time provided by Article 93, Paragraph (4) of the Constitution.
(3) The election campaign pursuant to the foregoing Paragraph (2)
shall open upon the announcement of the candidates and shall close
twenty-four hours before the day of the second round.
Article 16
(1) Should
any of the leading candidates decline to enter the second round,
the latter shall be contested by the candidates from the runner-up
list established by the Central Elections Commission.
(2) Should any of the leading candidates be incapacitated by death
or grave illness, the Central Elections Commission shall postpone
the election and shall set a new date 14 days after the original
date set for the second round. The national leadership of the
respective party or coalition shall be free to register a new
candidate pursuant to the procedure under Article 3 hereof within
three days from the ruling of the Central Elections Commission.
Article 17
(1) The final
results of the election for President and Vice President shall be
announced by the Central Elections Commission within three days as
of the date of the second round and shall be proclaimed in State
Gazette within seven days as of the same.
(2) The results shall be announced by lists for all of the
candidates. In the case of a second round election, the results of
the first round of balloting shall be announced as well.
Article 18
The President
and the Vice President elect shall be sworn in pursuant to Article
76, Paragraph (2) of the Constitution of the Republic of Bulgaria
three days prior to the expiry of the mandate of the acting
President and Vice President. They shall take office on the day of
expiry of the mandate of the acting President and Vice
President.
Article 18a
(1) (Amended,
SG No. 80/2001) Persons who violate the provisions of this Act
shall be penalized by fine of 500 to 30,000 Leva.
(2)
(Repealed, SG No. 80/2001)
Article 18b
(Amended, SG No. 80/2001)
The acts for
ascertainment of administrative violations shall be prepared by the
chairmen of the Central Elections Commission and of the regional
elections commissions on the basis of the rulings of the respective
commission within 3 days of receipt of the signals or the claims of
the violations.
Article 18c
(1) (Amended,
SG No. 80/2001) The penal ordinances are issued by the regional
governors based on the location of commitment of the violation
within 3 days of receiving the file. In cases the act is issued
against a regional governor, the penal ordinance is issued by the
Minister of state administration.
(2) (Repealed, SG No. 80/2001)
(3) The ascertainment of violations, the elaboration of acts, the
issuing and appealing of penal rulings shall be pursuant to the
terms and procedure of the Administrative Violations and Penalties
Act.
Article 19
(Amended, SG No. 80/2001)
Within a
month as of the date of the election, all the candidates for
President and Vice President shall make a statement before the
National Accounting Office of the sources of finance and the
expenses for their election campaign.
ADDITIONAL PROVISIONS
§ 1.
The samples
of documents and ballot papers required for the holding of
elections under this Act shall be approved by the Central Elections
Commission on proposal by of the Council of Ministers, and shall be
promulgated in the State Gazette.
§ 1a.
(New, SG No. 80/2001)
Within the
meaning of this Act "observers" are:
1.
representatives of ofreign parliaments, of the Organization for
Security and Cooperation in Europe, of ofreign parties and
movements, as well as persons, nominated by parties and coalitions,
participating in the elections, as well as such invited by the
Ministry of Foreign Affairs;
2. authorised representativesof Bulgarian non-profit legal
entities.
CONCLUDING PROVISIONS
§ 1b.
(New, SG No. 80/2001)
In the
process of awarding public procurement contracts in connection with
the conduct of the elections, Art. 18 of the Public Procurement
Act, as well as the deadlines, envisaged therein and in its
implementing ordinances in connection with awarding public
procurement contracts, shall not apply.
§ 2.
(Amended, SG No. 80/2001)
The relevant
provisions of the Election of Members of National Assembly Act
shall apply to any matter not settled by this Act.
§ 3.
This Act is
hereby referred for enforcement to the Council of Ministers and to
the Central Elections Commission for the Presidential
Elections.
This Act was submitted to a vote and duly adopted by the Grand
National Assembly on September 17, 1991, and the State Seal was
affixed hereto.
Acting Chairman of the Grand National Assembly: Ivan Gloushkov
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