Rules of Procedure of the Republic Electoral Commission (2002)

RULES OF PROCEDURE

OF THE REPUBLIC ELECTORAL COMMISSION

Official Gazette of the Republic of Serbia, No. 33, of June 13 2002

I. INTRODUCTORY PROVISIONS

Article 1

These Rules of Procedure regulate the organization and the way of work of the Republic Electoral Commission (henceforth: Commission).

Article 2

The seat of the Commission is in Belgrade, in the building  of the  National Assembly of the Republic of Serbia.

Article 3

The Commission has both the seal and the stamp.

The seal is circular, with a diameter of 32 mm and the coat of arms of the Republic of Serbia in its center.

In the outer rim of the seal stands the writing “Republic of Serbia”. The next circle - closer to the center - contains the words “Republic Electoral Commission”. At the bottom of the seal stands “Belgrade”.

The text on the seal is in Cyrillic script.

The stamp is rectangular and contains in the first row, in Cyrillic script, words: “Republic of Serbia”, and in the second row words “Republic Electoral Commission”. In the third row there is a space for  the file number, in the fourth the space for the date and hour, and in the fifth row there is a word “Belgrade”.

II. COMPOSITION OF THE COMMISSION

Article 4

The Commission shall be consisted of its members both in the permanent and the expanded makeup.

Article 5

The Commission in its permanent makeup shall be consisted of the President and sixteen members, appointed by the National Assembly of the Republic of Serbia. In its expanded makeup the Commission shall be consisted of one additional representative of each submitter of the electoral list.

Article 6

The Commission has its Secretary appointed by the National Assembly of the Republic of Serbia from among the ranks of  skilled personnel of its operational services, which shall take a part in the work of the Commission, without the right of decision making.

Article 7

The President and the members of the commission, as well as its Secretary, shall have deputies.

The President and the members of the Commission, as well as their deputies, must be  graduate jurists.

Article 8

The Commission shall also have a member who is the representative of the Republic organization competent for carrying out of statistics, which shall take a part in the work of the Commission, without the right of decision making.

Article 9

The Commission shall  make a rule  determining that the submitter of the electoral list complies with the conditions for determination of his representatives in the expanded makeup of this body, within 48 hours from the proclamation of the electoral list.

The ruling on the complying of the submitter of electoral list or his failing to comply with the conditions for determination of representatives the Commission shall hand over to the submitter of the electoral list within 24 hours from the moment the ruling is made.

The representative of the submitter of the electoral list shall become the member of the Commission in its expanded makeup not later than 24 hours from the moment the ruling is made.

Article 10

The composition of the Commission shall be published in the Official Gazette of the Republic of Serbia.

III. COMPETENCY OF THE COMMISSION

Article 11

The Commission shall, in the frame of the competence  determined by the Law on the Election of Representatives (henceforth: Law):

1) oversee the legality of the carrying out of elections;

2) organize the technical preparations for the elections;

3 ) follow the application and give explanations on the application of this Law;

4) determine the unified standards for the electoral material;

5) set down the forms and regulations for carrying out of electoral procedures  foreseen by this Law;

6) determine the kind of the spray for carrying out of elections;

7) determine and advertise both the number and addresses of polling places;

8) form polling boards and appoint the presidents and members of the polling boards;

9) determine the number of ballots for each polling place, stamp them, and together with an authorized extract from the electoral roll, hand them over in notarized procedure to the polling boards;

10) determine which election documents shall be sent to it;

11) determine whether the electoral lists have been compiled and filed in accordance with this Law, and proclaim the electoral lists;

12) make ruling on the proclamation of the general electoral list;

13)  set down the manner of handling and keeping the electoral material;

14) determine and publish the total results of the elections;

15) determine the number of mandates belonging to each electoral list;

16) submit a report to the National Assembly of the Republic of Serbia about the elections carried out;

17) submit data to the authorities responsible for gathering and processing of statistical data;

18) settle the objections handed over to it;

19) give, if necessary, both opinions and information in regard to the application of the law, as well as the other provisions on the election of the representatives;

20) carry out the other duties foreseen by the Law.

IV. METHOD OF WORK

Article 12

The Commission shall work both in its permanent and expanded makeup.

The Commission shall work in its expanded makeup from the day of determination of this makeup to the end of elections.

Article 13

The Commission shall be independent in its work, and operate on the basis of laws and regulations made on the basis of laws.

The work of the Commission is public.

Article 14

The Commission shall work in sessions.

The session of the Commission shall call the President of the Commission, as his own incentive or when  proposed by one third of the number of members of  the Commission.

In the work of the Commission shall take a part deputies of: the President, the Secretary and members of the Commission.

Persons  as described in the above paragraph shall enjoy the equal rights and responsibilities as the members whose deputies they are.

Article 15

The invitation for the session of the Commission, together with the proposed agenda, shall be sent to the members of the Commission, in writing, not later than two days before the day determined for  the session, or, if necessary, sessions may be called by phone or the other appropriate manner.

Article 16

The Commission works and makes valid decisions if  the majority of the members, i. e. their deputies, are present at the session.

The Commission makes its decisions by majority of votes in permanent members, i. e. expanded makeup.

Article 17

In order to investigate some topics in its field of activity, making of draft of enactment, report or the other documents, as well as in order to perform  specific electoral actions, the Commission may form a task force from among both  its members and skilled personnel.

The Commission may, if necessary, engage some of  its members to investigate the questions which occur during the carrying out of the electoral procedure in some parts of the electoral district, in the direct cooperation with the members of electoral  authorities and with the other participants in the proceedings, as well as by the insight in  corresponding documentation, and to inform the Commission about the state they have find and to propose  the appropriate actions.

Article 18

The Commission shall work publicly, by ensuring the presence of accredited journalists and by issuing statements.

The statement for the public shall, upon the approval of the Commission, issue the Department for Information of the Service of National Assembly of the Republic of Serbia.

Press conferences may be held by the President or by a member of the Commission, upon the approval of the Commission.

V. TREATMENT OF OBJECTIONS

Article 19

In executing its duties the Commission shall, in accordance to the Law, cooperate with authorities and organizations of the Republic.

Article 20

On the objections lodged with the Commission the Secretary, i. e. the deputy secretary, shall  prepare for the Commission the expertise on the way of its treatment, not later than within 24 hours.

An expertise as described in the previous paragraph of this Article shall comprise the contents of the objection, facts, presentation of legal provisions on the basis of which the objection should be treated, and the suggested way of its treatment.

The ruling on the objection lodged to the Commission shall be made within 48 hours from the moment the objection is lodged.

Article 21

If an appeal against the ruling of the Commission rejecting or refusing the objection has been lodged, the Commission shall hand over the appeal, together with the challenged ruling and all required documents, to the Supreme Court of Serbia, within 24 hours from the moment of the receipt of the appeal.

Article 22

In the proceedings on objections, concerning questions that are not explicitly governed by the Law on the Election of Representatives, the Commission appropriately shall apply the provisions of the Law on the General Administrative Procedure.

VI. ENSURING OF CONDITIONS FOR WORK OF THE COMMISSION

Article 23

Resources for the work of the Commission shall be secured from the budget of the Republic.

Article 24

Both members of the Commission and their deputies shall have the right to get a compensation for their work with the Commission.

Funds foreseen for the work with the Commission shall be paid off  upon the order of the President and the Secretary of the Commission.

Article 25

The National Assembly Service shall provide and give the necessary expertise and technical help for the purpose of exercising the duties of the Commission, according to both the Law and the Decision on the Organization and the Work of that Service.

VII. DOCUMENTATION ON THE WORK OF  THE COMMISSION

Article 26

The session of the Commission  shall be stenographed and minutes are to be made.

The minutes shall comprise the main facts concerning the work  of  the session, especially concerning suggestions discussed, together with names of participants in the discussion and the conclusions adopted at the session.

The Secretary of the Commission shall be responsible for making and keeping of minutes.

The minutes shall be signed by both the President and the Secretary of the Commission.

Before the minutes are adopted by the Commission, the minutes may be used upon the agreement of  the President of the Commission.

Article 27

The Commission shall arrange keeping of both electoral records and reports on the results of the elections together with the electoral materials, as well as the handling of these materials, in accordance with the Law.

Article 28

The Commission shall make the protocol, arrange and keep the documentation (archives of the Commission), handled by in accordance with the related provisions of the Law.

VIII. FINAL PROVISIONS

Article 29

Issues related to the work of the Commission, if not regulated by these Rules of Procedure, may be regulated by the decision or the conclusion of the Commission, in accordance with the provisions of these Rules of Procedure.

Article 30

On the day that these Rules of Procedure come into force, the Rules of Procedure of  the Republic Electoral Commission (Official Gazette of the Republic of Serbia, No. 41/00) shall cease to apply.

Article 31

These Rules of Procedure come into force on the next day following the day of its publication in the Official Gazette of the Republic of Serbia.