|
|
 |
|
|
| |
|
|
| |
| Law on Election of Members of Parliament
|
| |
Promulgated State Gazette No.37/13.04.2001
Chapter Two
ELECTION COMMITTEES
Article 8
The following election committees shall be established for holding elections:
1. Central Election Committee - one for the whole country. This Committee shall be appointed to serve until the termination of the powers of the National Assembly;
2. Constituency Election Committees - one for each constituency;
3. District Election Committees - one for each election district.
Article 9
(1) The Central Election Committee shall be appointed by a Decree of the President of the Republic within the time limits under Art. 5, para 2 upon consultation with the parliamentary parties and coalitions. It shall consist of up to 25 members and include a Chairperson, Deputy Chairpersons, and a Secretary.
(2) No party or coalition shall have a majority in the Central Election Committee through its representatives therein. The Chairperson and the Secretary shall belong to different political parties and coalitions.
Article 10
(1) Members of the Central Election Committee shall be persons with university degrees and the majority shall belong to the legal profession. Bulgarian citizens eligible under Art. 3, para 2 shall be appointed members of the Central Election Committee.
(2) No member of the Central Election Committee may be a Member of Parliament or candidate for Member of Parliament, a judge in the Supreme Administrative Court, a serviceman in the Armed Forces or an officer in the Ministry of the Interior while serving in this capacity.
Article 11
Members of the Central Election Committee shall receive remuneration as determined by the President of the Republic.
Article 12
(1) The Central Election Committee shall appoint Constituency Election Committees at the proposal of Regional Governors as consulted with parliamentary parties and coalitions not later than 45 days prior to the election day. Other parties or coalitions may also join the consultations. Parliamentary political forces shall be entitled to have representatives in each Constituency Election Committee.
(2) Regional Governors shall submit their proposals not later than 50 days prior to the election day.
(3) Failing to submit a proposal within the time limits under para 2, Regional Governors shall send the minutes taken at the consultations and the written proposals or objections of the parties or coalitions to the Central Election Committee forthwith.
Article 13
A Constituency Election Committee shall consist of a Chairperson, two Deputy Chairpersons, a Secretary and members. The total membership shall be as follows:
1. For constituencies with up to nine seats inclusive - from 11 to 13 members;
2. For constituencies with ten or more seats - from 15 to 17 members.
Article 14
A District Election Committee shall consist of a Chairperson, a Deputy Chairperson, a Secretary and members. The total membership shall be as follows:
1. For districts with up to 300 voters inclusive - up to seven members;
2. For districts with over 300 voters - up to nine members.
Article 15
The remuneration of Constituency and District Election Committees shall be determined by the Central Election Committee.
Article 16
The Central Election Committee and Constituency Election Committees shall have seals.
Article 17
Expert working groups may be established at the Central Election Committee and the Constituency Election Committees. The remuneration of experts shall be determined by the Central Election Committee.
Article 18
(1) Constituency Election Committees shall appoint District Election Committees at the proposal of Mayors as consulted with parliamentary parties and coalitions not later than 25 days prior to the election day. Other parties or coalitions may also join the consultations. Parliamentary political forces shall be entitled to have representatives in each District Election Committee.
(2) Mayors shall submit their proposals not later than 30 days prior to the election day.
(3) Failing to submit a proposal within the time limits under para 2, Mayors shall send the minutes taken at the consultations and the written proposals or objections of the parties or coalitions to the Constituency Election Committee forthwith.
(4) Failing to appoint the District Election Committees within the time limits under para 1, Constituency Election Committees shall send the whole documentation to the Central Election Committee forthwith. The latter shall appoint the District Election Committees.
Article 19
(1) The proposals of parties and coalitions on the appointment of election committees shall include a list of substitutes, where the nominees are incapable of performing their functions on a long-term basis.
(2) Substitution shall take effect: for the Central Election Committee upon a Decree of the President of the Republic; for Constituency Election Committees upon a decision of the Central Election Committee; and for District Election Committees upon a decision of the Constituency Election Committee.
Article 20
(1) Persons eligible under Art. 3, para 2 shall be appointed members of the Constituency and District Election Committees.
(2) Parties and coalitions shall nominate their representatives in writing.
(3) No Regional Governor or Deputy Regional Governor, Mayor or Deputy Mayor or person under Art. 10, para 2 may become members of Constituency and District Election Committees.
(4) No party or coalition may have a majority in a Constituency or District Election Committee with its representatives. The Chairperson and the Secretary shall belong to different parties and coalitions.
Article 21
(1) Election committee members shall be deemed officials within the meaning of the Criminal Code, while discharging their duties.
(2) Election committee members shall be entitled to unpaid leave or paid annual leave at their choice for the time they need to serve in the respective committee. The duration of the leave shall be recognised for social security and health insurance purposes.
(3) The social security and health insurance payments for members of the Central Election Committee and Constituency Election Committees shall be covered by their employers in pursuance of the Mandatory Social Security Code, the Law on Health Insurance and the Law on Protection against Unemployment and Employment Encouragement from the time of their appointment to the respective committee to the completion of their service there.
(4) The members of the Central Election Committee and Constituency Election Committees who are registered as unemployed shall receive also compensation under Chapter Four, Section III of the Law on Protection against Unemployment and Employment Encouragement from the time of their appointment to the respective committee to the completion of their service there.
(5) Election committee members may not wear the distinction signs of parties, coalitions or initiative committees or engage in canvassing, while discharging their duties.
Article 22
(1) The meetings of election committees shall be legitimate when attended by more than a half of their members.
(2) The decisions of an election committee shall be signed by the Chairperson and the Secretary. Where either of them is absent, the decision shall be signed by a Deputy Chairperson.
(3) Minutes shall be taken at the meetings of election committees and they shall be signed as set out in para 2.
(4) Canvassers may attend the meetings of Constituency Election Committees. Their statements, opinions and objections shall be put on the record.
Article 23
(1) The Central Election Committee shall:
1. monitor the implementation of this Law within the territory of the country and at the diplomatic missions abroad;
2. provide methodological guidance to and supervise the activities of Constituency and District Election Committees;
3. support a web site on the Internet to publish decisions, methodological instructions, estimated and final results of the elections and other documents and data;
4. set out the terms and conditions for Bulgarian citizens to vote abroad not later than 50 days prior to the election day;
5. appoint Constituency Election Committees and District Election Committees where the Constituency Election Committee has failed to appoint them within the prescribed time limits;
6. register parties and coalitions to run the elections, determine their election ballots and issue certificates;
7. hear petitions against decisions and actions of Constituency Election Committees, issue a final decision thereon within three days and announce it forthwith;
8. set out the terms and conditions for participation of observers not later than 50 days prior to the election day and issue certificates to them;
9. approve and promulgate in the State Gazette the methodology for determining the number of seats in the constituencies and the results of the election not later than 55 days prior to the election day;
10. determine the number of seats in the multi-seat constituencies on the basis of a uniform representation rate for the whole country in accordance with the number of the population;
11. set out the terms and conditions for the competitive bidding for the computer processing of the results of the election not later than 54 days prior to the election day;
12. assign the computer processing of the results of the election to the winner in the competitive bidding not later than 40 days prior to the election day;
13. issue methodological guidance to the Constituency and District Election Committees with regard to the implementation of this Law;
14. set out the terms and conditions for conducting opinion polls on the election day not later than 20 days prior to the election day;
15. announce the results of the elections and issue certificates to the Members of Parliament elected on the basis of the proportional representation system;
16. promulgate the results of the elections in the State Gazette immediately after they are announced;
17. set out the procedure for verifying double voting and assign its application to a team of experts;
18. make the results of the verification under subpara 17 available to the parties concerned and seize the prosecutor's offices in the event of established double voting;
19. provide the results of the voting by election districts for the whole country on a magnetic carrier to the participants in the elections and publish them in the Internet;
20. publish the results of the election by election districts for the whole country in a special bulletin and on a magnetic carrier not later than 40 days after the election day;
21. submit a copy of the records of the District and Constituency Election Committees to the State Archive Stock;
(2) The decisions of the Central Election Committee shall be communicated by means of publication in a bulletin of the Bulgarian News Agency.
(3) The decisions of the Central Election Committee under para 1, subparas 5, 6, 8, 12 and 14 shall be subject to appeal before the Supreme Administrative Court within three days of their communication. The Court shall issue a final judgement within three days.
Article 24
(1) The Constituency Election Committee shall:
1. monitor the implementation of this Law within the territory of the multi-seat constituency;
2. appoint District Election Committees;
3. monitor and supervise the drawing up and announcement of election rolls, the establishment of election districts, the printing of ballots and the issuance of certificates for voting elsewhere;
4. monitor the creation of conditions for physically handicapped persons to vote;
5. approve the numbering of election districts;
6. register election tickets of parties, coalitions and independent candidates and announce them in public;
7. register canvassers of candidates running for Parliament;
8. verify the signatures gathered in support of independent candidates;
9. submit the details of registered candidates for verification by the Committee under Art. 4, para 1 of the Law on Access to the Documents of the Former State Security Service and the Former Intelligence Service of the General Staff immediately after the registration is completed;
10. communicate the results of the verification under subpara 9 to the leadership of political parties and coalitions and the initiative committees for the nomination of independent candidates;
11. provide District Election Committees with ballot boxes, voting ballots and envelopes, forms for records, transcripts and blueprints, while supervising their storage, distribution among districts and transportation;
12. hear petitions against decisions and actions of District Election Committees and issue a final decision thereon forthwith;
13. establish the voting results in the constituency;
14. announce the elected independent candidates and issue certificates to them;
15. submit the district records, the constituency records and other papers to the Central Election Committee.
(2) The decisions of Constituency Election Committees shall be announced at a generally accessible place in the buildings where they are located.
(3) The decisions of Constituency Election Committees under para 1, subparas 2, 6, 7 and 8 shall be subject to appeal before the Central Election Committee within three days of their announcement. The latter shall issue a decision within three days and announce it forthwith, whereby such decision shall be final.
Article 25
(1) District Election Committees shall:
1. monitor the implementation of this Law within the voting premises and in the area of the election district;
2. assist the arrangement of the voting premises as required by law and with a view to ensuring the access of physically handicapped persons;
3. ensure the free and calm conduct of voting in the election district;
4. count the votes, draw up the records of the results of the voting in the election district and submit the records to the Constituency Election Committees within 24 hours after the end of voting;
5. submit the other papers and materials to the municipal administration within the time limits under subpara 4;
6. hear petitions and rule on them forthwith;
7. announce the results of the voting in public.
(2) The instructions of the Chairperson of the District Election Committee shall be binding on all citizens at the voting premises. Such instructions may be repealed at a decision of the District Election Committee. | |
|
| |
|
CSD.bg |
|
|
|
 |
|
|
| ©
Center for the Study of Democracy. |
 |
|
The web page you are trying to reach is no longer updated and has been archived. To visit us, please click here. |
|
