Info
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level
Comments: Article 23: Election commissions shall be: municipal commissions, Administrative Capital's election commission, Historic Royal Capital's election commission (hereinafter referred to as the municipal election commission) and the State Election Commission.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 23, 32
Electoral Law: Law on Election of President of Montenegro, adopted on 27 December 2007, art. 3.
Verified: 2021/12/21
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
d . A national government department g . Other
Comments: Article 9: The funds for administering elections of councillors shall be provided in the municipal budget
and funds for the election of members of parliament shall be provided in the budget of Montenegro.
Article 112: Funds for the work of election management body, election materials and other election administration costs shall be provided by the municipal assembly for election of councillors and by the Parliament for the election of members of parliament respectively. The request to receive funds including a specification of total costs shall be submitted by the competent election commission.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 9 & 112.
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/21
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
g . Other
Comments: The National Audit Institution (independent and supreme authority of the national audit) audits the management of state assets and liabilities, budgets and all the financial affairs of the entities whose sources of finance are public or created through the use of state property including the expenditures of the national EMB which are funded from the state budget.
Source: Constitution: The Constitution of the Republic of Montenegro, SU-SK Ref. no. 01-514/12, 19 October 2007, art. 144.
https://www.constituteproject.org/constitution/Montenegro_2013.pdf?lang=en
Verified: 2021/12/21
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: Article 19: Election commissions shall be appointed after the constitution of a newly elected parliament for the term of office of four years.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 19.
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/21
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: The SEC is accountable to and appointed by the legislature, therefore falls under the definition of an Independent EMB, however many commissioners are selected by partisanship.
Source: Electoral Management Design: The International IDEA Handbook (2006):(http://www.idea.int/publications/emd/)
The Independent Model of Electoral Management http://aceproject.org/ace-en/topics/em/ema/ema02/default
Verified: 2018/03/09
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
b . 11 - 20 members (specify)
Comments: Article 30: 1. State Election Commission shall be composed of: chairperson, secretary and nine members in the standing composition and one authorised representative of each submitter of candidate lists.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 30.
http://www.legislationline.org/search/runSearch/1/key/electoral+law/country/57/rows/10/type/1
Verified: 2021/12/21
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
c . Combination of partisanship and expertise
Comments: Art. 30. The State Election Commission shall be composed of: the chairperson and ten permanent members and one empowered representative of each candidate list submitting entity.
The State Election Commission chairperson shall be appointed by the Parliament, at the proposal of Parliamentary working body in charge of elections and appointments, after a previously conducted open competition. Four members of the permanent State Election Commission composition shall be appointed at the proposal of the parliamentary majority. Four members of the permanent State Election Commission composition, one of whom shall perform the office of a secretary, shall be appointed at the proposal of parliamentary opposition. One representative of a political party or candidate list submitting entity for authentic representation of members of national minorities or minority ethnic communities which received the highest number of votes in previous elections shall also be appointed member of the permanent State Election Commission, while his deputy should be a member of another national minority or minority ethnic community. One member of the permanent State Election Commission composition who is familiar with electoral legislation shall be appointed by the Parliament from among the representatives of civil society, non-governmental sector and university, at the proposal of the Parliamentary working body competent for appointments and elections, after a previously conducted open competition.
Please refer to the rest of Article 30 for more details.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 30.
http://www.legislationline.org/search/runSearch/1/key/electoral+law/country/57/rows/10/type/1
Verified: 2021/12/21
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
e . Legislature g . Political parties
Comments: Article 29: The permanent composition of the State Election Commission shall be appointed by the Parliament, at the proposal of the Parliament working body responsible for elections and appointments, in conformity with this Law.
Article 30: The State Election Commission shall be composed of: the chairperson and ten permanent members and one empowered representative of each candidate list submitting entity.
Source: Electoral Law: Law on the Election of Councillors and Representatives as amended in 2016, art. 29, 30
https://www.legislationline.org/download/id/7743/file/Montenegro_Law_elections_councillors_members_of_parliament_1998_am2016_en.pdf
Verified: 2021/12/21
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