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LAW ON THE ELECTION OF THE PRESIDENT OF THE REPUBLIC OF MONTENEGRO

I. BASIC PROVISIONS

Article 1

The President of the Republic (hereinafter referred to as »the President«) shall be elected by citizens through general elections, directly and through secret voting, for the period of five years. 

Article 2

The Montenegrin citizen, who is also the citizen of the State Union of Serbia and Montenegro, and who has reached 18 years of age and has been permanently residing at the territory of the Republic for at least 24 months before the day of holding the elections, shall have the right to be elected for the President.

Article 3

The President of the Parliament of the Republic of Montenegro shall call for the election of the President not later than 120 days before the expiry of the term of office of the incumbent President.

The day of holding the election shall be set by the Decision on Calling the Election.

The election shall be held not sooner than 60 and not later than 90 days from the date of calling the elections.

Article 4

The Republic Election Commission, Municipal Election Commissions and Polling Boards competent for elections of councillors and representatives shall implement the procedure for election of the President.

II. NOMINATION OF CANDIDATES

Article 5

Political parties or group of citizens, on the basis of signatures representing 1% of the number of voters and using data on number of voters from the elections that preceded the Decision on Calling the Elections, can nominate candidates for the President.

Individual political parties or group of citizens can nominate one candidate for the election of the President.

Two or more political parties can jointly nominate a single candidate.

Article 6

A voter’s signature for the support to the candidate shall be given in the Municipal Election Commission, before two members of the Commission, on the prescribed form.

The form from the paragraph 1 hereof shall contain: the first and the last name of the candidate, date of birth, occupation, unique citizen’s number or serial number of the Identity Card and the place of permanent residence. The same form shall contain the aforementioned data for each signatory of the nomination.

A voter may, by way of his signature, support only one candidate for the President.

Article 7

The nomination of the candidate for the President shall be submitted to the Republic Election Commission, no later than 20 days prior to the date set for holding the elections.

In addition to the nomination from paragraph 1 of this Article the following shall be submitted:

A candidate may withdraw his or her candidacy not later than 15 days before the day of holding the elections.

Article 8

The Republic Election Commission shall determine the List of Candidates for the President within 48 hours as of the expiry of the time limit referred to in Article 7, paragraph 1 of this Law.

The consecutive order on the list of candidates shall be determined by the Republic Election Commission by way of drawing lots, in the presence of authorised representatives of submitters of the candidates’ nominations. 

Article 9

Republic Election Commission shall, immediately after determining the List of Candidates, and not later than 15 days before the day set for holding the elections, publish the List of Candidates in the “Official Gazette of the Republic of Montenegro”, in all daily newspapers being published in the Republic and on the Radio Television of Montenegro.

Should a candidate die in the period between the publication of the List and the day set for holding the elections, the political party may nominate a new candidate without satisfying voters’ signatures requirement. In such an event the elections shall be postponed for 14 days.

III. ELECTION OF THE PRESIDENT

Article 10

Where appropriate, the provisions of the Law on Election of Councillors and Representatives referring to the right to elect and be elected, determining and pronouncing the List of Candidates; presentation of candidates; the way of organising the elections; form and content of a ballot; voting at a polling station and out of it and protection of the right of suffrage, shall be applied to the election of the President, if otherwise not provided herein.

Article 11

Voting for the election of the President shall be executed by a ballot.

The ballot shall contain: designation whereby it is stated that the President is being voted for; the first and the last names of the candidates in the same consecutive order that they appear on the  List of Candidates; the name of the political party or parties which have nominated the candidate, and if the candidate is nominated by the group of  citizens, a designation “independent candidate” shall be included with his first and the last name. 

An ordinal number shall be placed at the beginning of each candidate’s name.

Each and every ballot shall be notarised by the stamp of the Republic Election Commission.

Article 12

The voter may vote only for one candidate.

The voting shall be executed by encircling the ordinal number placed at the beginning of the name of the candidate being voted for, or by encircling his first and the last name.

A voter who is not able to cast his or her vote at the polling station (due to the old age, invalidity, sickness or hospital treatment), and is willing to vote, shall notify the Polling Board about that. The request for voting through letter must be signed by the voter in question.

Article 13

Unfilled ballot, as well as the ballot filled in such a way that one could not infer with certainty which candidate has been voted for shall be considered invalid.

Also, as invalid shall be considered the ballot whereon two or more candidates have been voted for, or whereon a new candidate’ name has been added.

Article 14

Upon the completion of polling, the Polling Board shall determine the polling results at the respective polling station and submit the report on it, along with the record of work, to the Municipal Election Commission, within 12 hours as of the closing the polling station.

The Municipal Election Commission shall determine the results of polling for the territory of the municipality, and shall submit a report on this, together with the record of work, to the Republic Election Commission, within 12 hours as of the submittal of the reports from the polling stations. 

Article 15

The Republic Election Commission shall determine the preliminary presidential elections results within 12 hours as of the submittal of the reports of the Municipal Election Commissions.

Article16

The Republic Election Commission shall determine the final presidential elections results within 12 hours after the expiry of the time-limit for filling a grievance or a complaint, respectively after the decision rendered in regard of the grievance or complaint has become final and enforceable.

Article 17

The candidate who obtains more than a half of the valid votes of voters who have voted shall be elected the President.

Article 18

Should none of the candidates obtain such number of votes as envisaged in the paragraph 1 of Article 17, the second round shall be organised in 14 days.

In the second round voters shall choose between one of the top two candidates.

In the second round, the winner shall be the candidate who wins the majority of votes.

Should both candidates in the second round win an equal number of votes, the voting shall be repeated between these two candidates.

Article 19

Should any of the candidates referred to in Article 18 paragraph 2 of this Law decline to enter into the second round, the right to enter into the second round shall acquire the next candidate with the highest number of votes obtained in the first round of the elections.

In the case that, due to the withdrawal of candidates who, in the sense of paragraph 1 of this Article are entitled to enter the second round, only one candidate remains, such candidate shall be deemed elected.

Article 20

Should any of the candidates entitled to enter the second round die before the day the second round is held on, the election procedure shall be repeated in its entirety and the decision on calling the elections shall be passed within 14 days as of the day of the demise.

Article 21

The Republic Election Commission shall publish the final presidential elections results in the “Official Gazette of the Republic of Montenegro” and in the media.

Article 22

Presidential candidates and parties or coalitions nominating them may not copy and retain used election material.

Article 23

The funds for covering the costs of the presidential elections shall be provided in the budget of the Republic.

The candidates for the President who win at least 5% of votes shall have the right to an equal reimbursement of election campaign costs.

The amount of the reimbursement referred to in paragraph 2 of this Article shall be determined by the Government of the Republic of Montenegro, no later that 30 prior to the day of holding the elections.

IV. PENAL PROVISIONS

Article 24

Any person who, for the purpose of campaigning, provides a presidential candidate or the political party with a possibility of illegal use of facilities, financial resources, vehicles, technical instruments and other property of the Ministry of Interior, other ministry or governmental body, judiciary body, public enterprise and institution, enterprise in which the State has majority of the capital, the Army and the military bodies and bodies of the local self-government shall be convicted for committing criminal offence and sentenced to imprisonment of up to one year.  

Article 25

Any member of the body and organisation referred to in Article 24 paragraph 1, who illegally exerts pressure or influence on any employee or voter to induce or compel him or her to vote or not to vote, calls him or her to account for voting or not voting, demands from him or her to say the way he or she has voted in, or why he or she has not voted, shall be convicted for committing criminal offence and sentenced to imprisonment ranging from 3 months to three years.

V. TRANSITIONAL AND FINAL PROVISIONS

Article 26

The first election that is to be held pursuant to this Law shall be administrated by bodies appointed in accordance with provisions of the Law on the Amendments and Additions to the Law on Election of the Councillors and Representatives (»Official Gazette of the RoM «, no. 46/02).

Article 27

Presentation of the candidates for the first presidential elections to be held pursuant to this Law, shall be carried out in accordance with the Decision on the Rules of Presentation of Republic Presidential Candidates for the Period of Pre-Election Campaign for the Elections Which Were Called for 22nd  December 2002 (»Official Gazette of the RoM «, no. 66/02), and monitoring of exercise of candidates’ rights in the pre-election campaign shall be done by Media Monitoring Board, established by the Decision of the Parliament of the RoM no. 02-2913/2 from 11th September 2002.

Article 28

By this Law’s entry into force the Law on Election of the President of the Republic (»Official Gazette of the RoM «, no. 49/92, 50/92 i 66/02) shall cease to be in force.

Article 29

The present Law shall enter into force on the eighth day of its publication in the »Official Gazette of the RoM «.