Info

Bosnia and Herzegovina

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Boundary Delimitation

BD001

Delimitation of constituencies

Question:	Are constituencies delimited for election purposes?
Answer:	a. Yes
Comments:	Yes, for the elections on Regional (Entity) and National level.
Source:	Election Law: Art. 20:13.
Verified:	2009/08/24

BD003

Criteria for drawing boundaries

Question:	On what criteria are the boundaries drawn?
Answer(s):	g. Other
Comments:	Current solution was imposed by the High Representative of the International Community in BIH by its own decision that supersedes the Election Law and is in effect until the Entity Parliaments for the constituencies on their own.
Source:	Election Law of BIH: Art. 20:13.
Verified:	2009/08/24

BD005

Body responsible for drawing boundaries

Question:	The body responsible for drawing the boundaries is:
Answer(s):	g. Other
Comments:
Source:
Verified:	2009/08/24

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Electoral Systems

ES001

Head of State

Question:	How is the Head of State selected?
Answer(s):	b. Directly elected in general elections (simple majority)
Comments:	The Presidency of Bosnia and Herzegovina shall consist of three Members: one Bosniac and one Croat, each directly elected from the territory of the Federation, and one Serb directly elected from the territory of the Republika Srpska.
Source:	Constitution: art. 5.
Verified:	2009/08/24

ES002

Head of Government

Question:	How is the Head of Government selected?
Answer:	c. Indirectly elected by legislature/chosen by parliament
Comments:
Source:	Constitution: art. 5:4.
Verified:	2009/08/24

ES003

President

Question:	Does the country have a president?
Answer:	a. Yes
Comments:	The Members of the Presidency shall appoint from their Members a Chair. For the first term of the Presidency, the Chair shall be the Member who received the highest number of votes. Thereafter, the method of selecting the Chair, by rotation or otherwise, shall be determined by the Parliamentary Assembly, subject to Article IV.3.
Source:	Constitution: art. 5.
Verified:	2009/08/24

ES004

Number of Chambers

Question:	The national legislature consists of (one/two chambers):
Answer:	b. Two chambers
Comments:
Source:	Constitution: art. 4.
Verified:	2009/08/24

ES005

Electoral System (Chamber 1)

Question:	What is the electoral system for Chamber 1 of the national legislature?
Answer(s):	g. List Proportional Representation
Comments:	The House of Representatives shall comprise 42 Members, two-thirds elected from the territory of the Federation, one-third from the territory of the Republika Srpska.
Source:	Constitution: art. 4:2 Election Law: art. 9:2-9
Verified:	2009/08/24

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Legislative Framework

LF001

Status of Electoral Law

Question:	What is the status of the electoral law governing national elections?
Answer(s):	a. Part of Constitution b. Separate legislation
Comments:
Source:	Constitution of BIH Election Law of BIH
Verified:	2009/08/24

LF003

Electoral Law covers

Question:	The national electoral law covers:
Answer(s):	a. National elections c. Local elections e. Other
Comments:	b) Regional elections: Partly. e) cantonal and entity elections
Source:	Election Law of BiH
Verified:	2009/08/24

LF004

Compulsory/voluntary voting

Question:	Is voting on the national level voluntary or compulsory?
Answer(s):	a. Voting is voluntary
Comments:
Source:	Constitution Election Law
Verified:	2009/08/24

LF007

Electoral Disputes Agency(ies)

Question:	What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):	b. EMB
Comments:	For different types of disputes, different bodies are responsible in the first instance: Municipal Election Commission, Central Election Commission.
Source:	Election Law: art. 6:4 & art. 6:6.
Verified:	2009/08/24

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Electoral Management

EM001

Please provide the following contact information for the national electoral management body:

Name of Institution: Central Election Commission of BiH
Website Address: www.izbori.ba

Source

No Source

Verified

2009/10/30

(Found a mistake? Please let us know.)

EM002

Responsibility of national EMB

Question:	Does the national electoral body have the responsibility for elections at:
Answer(s):	a. National level c. Local level
Comments:	All elections covered by Election Law of BiH.
Source:	Election Law: art. 2:9.
Verified:	2009/08/24

EM004

EMB budget determined by

Question:	The budget of the national electoral management body is determined by:
Answer(s):	c. The legislature
Comments:	c)The Budget will be determined by the BiH Parliament upon the proposal of the Council of Ministers
Source:
Verified:	2009/08/24

EM005

EMB expenditures controlled by

Question:	The expenditures of the national electoral management body are controlled by:
Answer(s):	c. The legislature
Comments:	c)The Budget will be determined by the BiH Parliament upon the proposal of the Council of Ministers
Source:	Election Law: art. 2:9:15. Law on audit of BiH institutions
Verified:	2009/08/24

EM006

Term of EMB members

Question:	The term of the members of the national electoral management body is:
Answer:	b. For a specified number of years
Comments:	For a term of 5 years.
Source:	Election Law: art. 2:4.
Verified:	2009/08/24

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Voter Education

VE001

Information campaigns performed by

Question:	Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):	a. National Electoral Management Body c. Local/County Electoral Management Bodies g. NGOs/ Civic Organizations h. Political parties/ candidates i. Media
Comments:
Source:	Suad Salkic Election Support Unit Cabinet of the Head of Mission OSCE Mission to BIH
Verified:	2009/08/24

VE002

Frequency of voter education programs

Question:	At the national level, how often are voter education programs conducted?
Answer:	b. Election time only
Comments:
Source:
Verified:	2009/08/24

VE003

National civic education

Question:	Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):	b. Yes, conducted by the National Electoral Management Body h. Yes, conducted by NGOs/ Civic Organizations i. Yes, conducted by Political Parties/ Candidates
Comments:	The CEC BiH will conduct this kind of campaign prior to elections
Source:
Verified:	2009/08/24

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Voter Registration

VR001

Voting age

Question:	What is the legal voting age in the national elections?
Answer:	c. 18
Comments:	Each citizen of BiH who has attained eighteen (18) years of age shall have the right to vote.
Source:	Election Law: art. 1:4.
Verified:	2009/08/24

VR002

Other voting requirements

Question:	Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):	a. Citizenship
Comments:
Source:	Election Law: art 1:4.
Verified:	2009/08/24

VR004

Body responsible for voter registration

Question:	Which is the authority responsible for the registration of voters for national elections?
Answer:	d. Election Management Body (specify)
Comments:	The Central Election Commission of Bosnia and Herzegovina
Source:	Election Law: art. 3:3.
Verified:	2009/08/24

VR008

Compulsory voter registration

Question:	Is it compulsory to be on the voters register?
Answer:	b. No
Comments:
Source:	Election Law: art. 1:4:2.
Verified:	2009/08/24

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Voting Operations

VO003

Electors vote at

Question:	Where can electors vote?
Answer(s):	a. At a specified polling station in the locality where they are registered at national elections d. At specially designated polling stations e. At mobile polling stations f. By mail i. By tendered ballot
Comments:
Source:	Election Law, Article 5. Paragraph (12), Article 5. Paragraph (21)-(22)
Verified:	2009/08/24

VO004

Voting outside the country is permitted for

Question:	Who can vote from outside the country?
Answer(s):	b. Citizens residing outside the country c. Citizens outside the country (including those on vacation) d. Members of the armed forces e. Students f. Diplomatic staff
Comments:	d) Instruction of the Central Election Com-mission on the manner of voting for members of the BIH de-mining unit stationed in Iraq (ap-plicable only for the last 2006 GE).
Source:	Election Law, Article 1.5, 3.15, 20.8.
Verified:	2009/08/24

VO005

Locations for voting outside of the country

Question:	If voting outside the country is permitted, at what places?
Answer(s):	e. By mail
Comments:
Source:	Election Law, Article 5. Paragraph (21)
Verified:	2009/08/24

VO011

Voting method

Question:	How do electors cast their votes?
Answer(s):	a. Manually marking of ballots
Comments:
Source:	Election Law, Article 5. Paragraph (22)-(23)
Verified:	2009/08/24

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Parties and Candidates

PC001

Registration requirements for parties (Chamber 1)

Question:	What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):	a. Signature requirement (specify requirement) b. Deposit requirement (specify amount) f. Other
Comments:	a) different number of signatures for different levels b) different amount for different levels f) Signed statement that the party will abide by the GFAP in BiH, and the Elec-tion Law. GFAP is The General Framework Agreement for Peace in Bosnia and Herzegovina (Initiated in Dayton on 21 November 1995 and signed in Paris on 14 December 1995).
Source:	Election Law, Chapter 4.4, 4.8 and 4.16.
Verified:	2009/08/24

PC003

Registration requirements for candidates (Chamber 1)

Question:	What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):	a. Age b. Citizenship f. Registration
Comments:	a: 18 years.
Source:	Election Law, Article 1. Paragraph (4), Election Law, Article 4. Paragraph (1)-(11)
Verified:	2009/08/24

PC008

Independent candidates

Question:	Can independent candidates compete in presidential or legislative elections?
Answer(s):	e. In both presidential and legislative elections
Comments:
Source:	Election Law, Article 4. Paragraph (8)
Verified:	2009/08/24

PC012

Public funding of parties

Question:	Do political parties receive direct/indirect public funding?
Answer(s):	b. Direct c. Indirect
Comments:
Source:	Election Law, Article 14-15.
Verified:	2009/08/24

PC015

Basis of public funding

Question:	What is the basis of the public funding?
Answer(s):	a. Equal funding, regardless of size and previous performance b. Based on result of previous election
Comments:	a: media access. b: financial funging
Source:	Election Law, Chapter 15; Law on the Financing of Political Parties
Verified:	2009/08/24

PC017

Private funding of parties

Question:	Are political parties entitled to private funding?
Answer:	a. Yes
Comments:	But, there is a limit to 8 average salaries that can be received as a donation from one person or organization.
Source:
Verified:	2002/05/07

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Vote Counting

VC004

Voters are sorted/counted at

Question:	Following the close of the voting, where are the votes first sorted and counted?
Answer:	a. The polling stations
Comments:	Both "a" and "c". Absentee and By-Mail ballots are counted both in the Main Counting Center.
Source:	Election Law, a: Article 5.22 and 5.23, c: Article 5.24 and 5.28
Verified:	2009/08/24

VC011

Conditions for recount

Question:	Under what conditions are ballots recounted?
Answer(s):	d. By request e. Court order f. Other
Comments:	f: The Central Electoral Commission can order it on its on initiative, ex officio.
Source:	Election Law, Article 5. Paragraph (30) and Paragraph (6)-(12)
Verified:	2009/08/24

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Media and Elections

ME037

Parties receive free broadcast time based on

Question:	What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):	i. Not applicable
Comments:
Source:
Verified:	2009/08/24

ME059

Existence of televised debates

Question:	Are televised debates between candidates or party representatives normally conducted?
Answer(s):	a. Yes, in presidential elections b. Yes, in legislative elections
Comments:
Source:
Verified:	2009/08/24

ME062

Blackout period for opinion polls

Question:	What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:	b. 2-3 days
Comments:	48 hours.
Source:	Election Law of BiH, Article 16.10.
Verified:	2009/08/24

ME080

Maximum amount for paid advertising

Question:	Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:	c. No information available
Comments:
Source:
Verified:	2009/08/24

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Direct Democracy

DD002

Direct Democracy Provisions (National Level)

Question:	Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:	a. Yes
Comments:	The level of applicability of these laws might be disputable. The laws were adopted when Bosnia and Herzegovina was a federal unit of Socialistic Federative Republic of Yugoslavia, which means that the scope and aims of referendum were adjusted to that system. However, the existing Constitution of Bosnia and Herzegovina, signed as a part of the Dayton Peace Agreement, prescribes in its Annex 2, point 2 ("Continuation of Laws") that "All laws, regulations, and judicial rules of procedure in effect within the territory of Bosnia and Herzegovina when the Constitution enters into force shall remain in effect to the extent not inconsistent with the Constitution, until otherwise determined by a competent governmental body of Bosnia and Herzegovina". Even though these laws were created in the old, socialistic system, it does not contain any obvious and clear inconsistencies with the Constitution and therefore - they should be valid.
Source:	Law on referendum in SR Bosnia and Herzegovina, Off. Gazette 29/77 and 24/91; Law on Proceedings with Petitions and Proposals Off. Gazette 33/77, 12/87 and 27/90; Rules of Procedures of House of Representatives in the Parliamentary Assembly of Bosnia and Herzegovina. "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2009/08/24

DD003

Mandatory referendums (national level)

Question:	Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:	b. No
Comments:	No mention in the Constitution.
Source:	"Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2009/08/24

DD004

Optional referendums (national level)

Question:	Are there any Legal Provisions for Optional Referendums at the national level?
Answer:	a. Yes
Comments:	The level of applicability of this laws might be disputable. The law was adopted when Bosnia and Herzegovina was a federal unit of Socialistic Federative Republic of Yugoslavia, which means that the scope and aims of referendum were adjusted to that system. However, the existing Constitution of Bosnia and Herzegovina, signed as a part of the Dayton Peace Agreement, prescribes in its Annex 2, point 2 ("Continuation of Laws") that "All laws, regulations, and judicial rules of procedure in effect within the territory of Bosnia and Herzegovina when the Constitution enters into force shall remain in effect to the extent not inconsistent with the Constitution, until otherwise determined by a competent governmental body of Bosnia and Herzegovina". Even though the Law on Referendum was created in the old, socialistic system, it does not contain any obvious and clear inconsistencies with the Constitution and therefore - it should be valid.
Source:	Law on referendum in SR Bosnia and Herzegovina, Off. Gazette 29/77 and 24/91 "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2009/08/24

DD005

Citizens' Initiatives (national level)

Question:	Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:	a. Yes
Comments:	The level of applicability of this laws might be disputable. The law was adopted when Bosnia and Herzegovina was a federal unit of Socialistic Federative Republic of Yugoslavia, which means that the scope and aims of referendum were adjusted to that system. However, the existing Constitution of Bosnia and Herzegovina, signed as a part of the Dayton Peace Agreement, prescribes in its Annex 2, point 2 ("Continuation of Laws") that "All laws, regulations, and judicial rules of procedure in effect within the territory of Bosnia and Herzegovina when the Constitution enters into force shall remain in effect to the extent not inconsistent with the Constitution, until otherwise determined by a competent governmental body of Bosnia and Herzegovina". Even though the law was created in the old, socialistic system, it does not contain any obvious and clear inconsistencies with the Constitution and therefore - it should be valid.
Source:	Law on Proceedings with Petitions and Proposals Off. Gazette 33/77, 12/87 and 27/90; Rules of Procedures of House of Representatives in the Parliamentary Assembly of Bosnia and Herzegovina "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2009/08/24

DD006

Agenda Initiatives (national level)

Question:	Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:	b. No
Comments:	No mention in the constitution.
Source:	"Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2009/08/24

DD007

Recalls (national level)

Question:	Are there any Legal Provisions for Recalls at national level?
Answer:	b. No
Comments:	BUT in BiH Draft Law on Amendments to the Election Law Article 3,7 Central Election Commission of BIH may issue excerpt from the Central Voter Register also for other constituencies where elections will be conducted, in the case of a recall of the elected official and to conduct referendum, on the basis of data contained in the Central Voter Register.
Source:	"Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2009/08/24

DD129

Binding referenda

Question:	Are the results of referenda always binding, never binding or sometimes binding?
Answer:	b. Sometimes binding
Comments:	Once the legislative body reaches decision to organise a referendum, its final result is binding. Initiatives can be included in an agenda of the session of Parliamentary Committee, which will be decided by the members of that Committee (further, it can also be discussed at the plenary session of the Parliament).
Source:	"Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2009/08/24

DD130

National referenda deal with

Question:	Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:	c. Both constitutional and other issues
Comments:
Source:	Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2009/08/24

DD131

Direct Democracy at sub-national level

Question:	Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:	a. Yes
Comments:
Source:	Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified:	2009/08/24