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| Law on Election of Members of Parliament
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Promulgated State Gazette No.37/13.04.2001
Chapter Seven
VOTING
Article 74
(1) The voting for parties and coalitions shall be performed with colour ballots in blue, red, green or orange or white ballots with up to three colour stripes, whereby the combination of the colours of the national flag or identical combinations of certain colours shall be prohibited.
(2) The ballot shall specify the number of the constituency, the name of the party of coalition, as well as the names of the persons on the election ticket. The names shall be arranged on the ticket and numbered successively.
(3) Parties or coalitions shall run the elections with colour ballots or white ballots with colour stripes in accordance with the registration with the Central Election Committee.
(4) Parties and coalitions shall be entitled to receive the same ballot which they used in previous elections.
(5) Where two or more parties apply for the same ballot, the latter shall be given to the party or coalition which has used such ballot on its own or in coalition in two or more parliamentary elections. Where all participants in a coalition that ran the previous parliamentary elections with a common ballot give their consent in writing with the ballot to be given to one of them, the ballot shall go to such participant. If there is no such party or coalition, the party or coalition with the earliest application shall be entitled to get the ballot.
(6) Where two or more parties or coalitions apply for the same ballot, the latter shall be given to the party or coalition which has used such ballot on its own or in coalition in more parliamentary elections. If they have run the same number of elections, the party or coalition with the earliest application shall be entitled to get the ballot.
Article 75
(1) Independent candidates shall be voted for with white ballots. The ballots shall specify the number of the constituency, the words "independent candidate" and the name of the candidate.
(2) Where two or more candidates with the same name have been registered in the constituency, the ballot shall feature the words "independent candidate No. …". The District Election Committee shall determine the number by casting lots in the presence of the independent candidates or their canvassers.
Article 76
(1) Parties and coalitions shall pay the production costs of the ballots they use to run the elections. The number of the ballots printed shall be equal to the number of voters in the country plus ten per cent.
(2) Initiative committees and independent candidates for Parliament shall pay the production costs of the ballots which the candidates use to run the elections, The number of ballot printed for each independent candidate shall be equal to the number of voters in the multi-seat constituency plus ten per cent.
(3) The Council of Ministers shall announce the production costs of the ballots not later than 45 days prior to the election day.
(4) Parties and coalitions shall provide the Central Election Committee with a bank document on the transfer of the amount under para 1 to the account of the Council of Ministers not later than 31 days prior to the election day.
(5) Initiative committees or independent candidates shall provide the Constituency Election Committee with a bank document on the transfer of the amount under para 2 to the account of the Council of Ministers not later than 31 days prior to the election day. Constituency Committees shall advise the Central Election Committee of the transfer forthwith.
(6) Where a party or coalition fails to present a bank document on the transfer under para 4, the Central Election Committee shall cancel the registration and the election tickets registered thereof and advise all Constituency Election Committees forthwith.
(7) Where an initiative committee of an independent candidate it has nominated fails to present a bank document on the transfer under para 5, the Constituency Election Committee shall cancel the registration of the initiative committee and the independent candidate and advise the Central Election Committees forthwith.
Article 77
(1) In the course of the voting process, ballots shall be put into opaque envelopes.
(2) The ballots of parties and coalitions and of independent candidates shall be of the same size.
Article 78
(1) The voting shall take place by the election districts at special voting premises.
(2) Not later than 20 days prior to the election day, Mayors of municipalities shall send the list of addresses of election districts to the Constituency Election Committees.
Article 79
(1) No canvassing materials of parties, coalitions and independent candidates may be placed on the voting premises or at a distance of less than 50 metres from the entrance of the building where the voting premises are located over the period from 24 hours prior to the election day to the end of voting.
(2) Where the District Election Committee finds out materials under para 1, it shall remove them immediately and, if needed, with the assistance of the Mayor or the Proxy Mayor and the bodies of the Ministry of the Interior.
Article 80
(1) Prior to the election day, the District Election Committee shall receive from the municipal administration and the Constituency Election Committee:
1. ballot boxes;
2. voting ballots and envelopes;
3. election rolls;
4. forms of district records;
5. forms of transcripts and blueprints of district records;
6. other auxiliary and technical materials.
(2) The Chairperson of the District Election Committee and the Mayor of the municipality, ward or mayoralty and an authorised representative of the Constituency Election Committee shall sign a statement of delivery of the papers and materials.
(3) The Chairperson of the District Election Committee shall become responsible for the keeping of the papers and materials after the statement of delivery is signed.
Article 81
(1) Specimens of the voting ballots shall be placed in front of the voting premises.
(2) Voting booths shall be installed on the voting premises so that to ensure the secret ballot. Booths shall enable physically handicapped persons to vote.
(3) After the premises are prepared for the voting process, they shall be sealed with a paper strip bearing the signatures of the members of the District Election Committee present.
(4) Servicemen of the Ministry of the Interior shall guard the voting premises from the outside.
Article 82
(1) The Chairperson of District Election Committee shall break the seal of the voting premises and open the election day at 6 a.m., where more than a half of the committee members are present. In the case of absence of quorum, the Constituency Election Committee shall be informed.
(2) Where a sufficient number of members of the District Election Committee fail to appear within an hour, the Constituency Election Committee shall involve the necessary number of alternate members.
(3) Where the Chairperson of the District Election Committee is absent, the Constituency Election Committee shall appoint the Deputy Chairperson as Chairperson and a member of the District Election Committee as a Deputy Chairperson. Where the Deputy Chairperson or the Secretary of the District Election Committee is absent, the Constituency Election Committee shall appoint a member of the District Election Committee as a Deputy Chairperson or a Secretary.
(4) Where the Chairperson, the Deputy Chairperson and the Secretary of the District Election Committee are absent, the Constituency Election Committee shall complete the membership of the District Election Committee and appoint a Chairperson, a Deputy Chairperson and a Secretary from among the members and the alternates.
(5) The Central Election Committee, at the proposal of the Constituency Election Committee, may allow the beginning of voting in some districts at 5 a.m.
Article 83
(1) Candidates, canvassers, representatives of parties, coalitions and initiative committees, observers, journalists and voters may attend the opening of the election day on the voting premises.
(2) The Chairperson of the District Election Committee shall verify the availability of the papers and materials under Art. 80, para 1. The ballot box shall be checked whether it is in proper condition and whether it is empty. After the inspection, the box shall be closed and sealed with paper strips signed by the committee members present.
(3) The Chairperson shall announce the election day open.
Article 84
(1) Canvassers, representatives of parties, coalitions and initiative committees, observers and journalists may attend the voting process on the voting premises.
(2) The committee members, canvassers and observers shall check from time to time the availability of sufficient number of ballots for each election ticket in the voting booths when there is no voter inside.
(3) The distribution of envelopes and ballots in advance shall be prohibited.
Article 85
(1) Voters shall prove their identity with the identity card or personal (green) passport.
(2) Conscripts shall prove their identity with their military card.
(3) Voters abroad shall prove their identity with the (overseas) passport.
(4) Sailors on ships shall prove their identity with sailor's passports.
Article 86
(1) The Chairperson or an authorised committee member shall compare the details in the identity document to the election roll and allow the voter to cast his or her vote.
(2) Where any discrepancy is observed between the personal identification numbers as indicated in the identity document and the election roll, the personal identification number as indicated in the identity document shall be entered into the Notes column of the election roll.
(3) Holders of certificates for voting elsewhere shall submit the certificates to the Committee which shall check the details therein and attach them to the additional election roll. The certificates shall be integral parts of the roll.
Article 87
(1) Voters shall receive an empty voting envelope from a member of the District Election Committee and go to the voting booth to vote. Only one voter may be in the booth at any time.
(2) Voter shall cast their votes by:
1. putting the selected election ticket into the envelope and closing it;
2. going out of the booth and dropping the envelope into the ballot box;
3. signing the election roll.
(3) Having cast their votes, voters shall get their identity documents back and leave the voting premises.
Article 88
(1) Votes shall be cast personally.
(2) Where the voter is a physically handicapped person and is unable to perform the required voting actions on his or her own, the Chairperson of the Committee may allow an accompanying person designated by the voter to help the latter. Where the decision of the Chairperson is challenged by a member of the Committee, the dispute shall be finally resolved by the District Election Committee. In such cases, the Committee shall specify the name and personal identification number of the accompanying person in the Notes column of the election roll. Where the physical handicap prevents the voter from signing personally, a committee member shall write a cross in the signature column and specify the case in the records.
(3) No person shall be allowed to accompany more than two voters.
(4) No committee member may accompany a voter.
(5) No persons other than voters casting their vote shall be allowed to stay at a distance of less than three metres from the voting booths when a voter is inside.
(6) No voting outside the voting premises shall be allowed.
(7) Voters shall be prohibited to take envelopes and ballots outside.
(8) The taking of ballot boxes outside the voting premises during the voting process and the counting of votes shall be prohibited.
Article 89
(1) Where the ballot box is filled with envelopes, its opening shall be sealed with a paper strip signed by the committee members so that to prevent the insertion of any further envelopes. The full box shall remain on the table.
(2) The Chairperson shall check whether the second box is in proper condition and whether it is empty. The box shall be closed and sealed with paper strips signed by the committee members present and the voting shall continue.
Article 90
(1) Voters shall cast their votes until 7 p.m. Where voters who have not voted yet are still in front of the voting premises at 7 p.m., the voting process shall continue until they exercise their right to vote but not later than 8 p.m.
(2) The District Election Committee may interrupt the voting process where material breaches of the election process are observed. The voting process shall continue after their elimination. The decision on the interruption of the voting process shall be communicated immediately to the Central Election Committee through the Constituency Election Committee.
(3) If it is necessary to restore public order and at a decision of the District Election Committee, the Chairperson may seek the assistance of the Mayor or the Proxy Mayor and the bodies of the Ministry of the Interior.
(4) Persons whose behaviour infringes upon good morals or persons carrying objects threatening the life and health of citizens shall not be allowed to enter voting premises.
(5) No armed persons shall be allowed to enter the voting premises except for the cases under para 3. | |
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