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Users should be aware that data may be inaccurate. If you find inaccuracies please
contact the ACE facilitators .
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
c . Not applicable
Comments:
The MPs shall be elected in the Republic of Serbia as a single constituency.
Source:
Electoral Law: Law on Election of Members of Parliament, art. 5
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/05
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2022/07/05
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
h . Not applicable
Comments:
Source:
Verified:
2022/07/05
BD004
Question: If population is a criterion, which population figure is used?
Answer:
g . Not applicable
Comments:
Source:
Verified:
2022/07/05
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
m . Not applicable
Comments:
Source:
Verified:
2022/07/05
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments:
The President of the Republic shall be elected on direct elections, by secret ballot, in accordance with the Law.
The candidate who receives the majority of votes cast shall be elected President of the Republic.
If no candidate receives a majority of the votes cast, the Republic Electoral Commission shall... issue a decision ordering a repeat vote.
Source:
Constitution: Constitution of the Republic of Serbia, art. 114.
https://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Electoral Law: Law on the Election of the President of the Republic, art. 21, 22
https://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-the-election-of-the-president-of-the/view
Verified:
2022/07/05
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
c . Indirectly elected by legislature/chosen by parliament
Comments:
The President of the Republic shall propose to the National Assembly a candidate for the Prime Minister, after considering views of representatives of elected lists of candidates.
By means of majority vote of all deputies the National Assembly shall elect members of the Government and decide on the end of the term of office of the Government and ministers
Source:
Constitution: Constitution of the Republic of Serbia, art. 105(9), 112(3).
https://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Verified:
2022/07/05
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments:
Source:
Constitution, art. 111-121
http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Verified:
2022/07/05
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments:
The National Assembly shall be the supreme representative body and holder of constitutional and legislative power in the Republic of Serbia.
Source:
Constitution: Constitution of the Republic of Serbia, art. 98.
http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Verified:
2022/07/05
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:
Voters shall vote for the electoral list of candidates for MPs (hereinafter: electoral list).
Parliamentary seats shall be distributed among electoral lists proportionately to the
number of the votes won, and the number of seats due to electoral lists shall be determined by
applying the system of the highest quotient.
Parliamentary seats won by an electoral list shall be allocated to candidates for MPs in keeping with the order in which they are listed on that electoral list.
Source:
Electoral Law: Law on the Elections of Representatives, art. 5.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/05
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
k . The national legislature consists of one chamber only
Comments:
Source:
Verified:
2022/07/05
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
a . d'Hondt Formula
Comments:
Seats shall be distributed by dividing the total number of votes won by an electoral
list participating in the distribution of seats by each consecutive number from one to 250.
Source:
Electoral Law: Law on the Elections of Representatives, art. 129.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/05
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
a . National level
Comments:
The MPs shall be elected in the Republic of Serbia as a single constituency.
Source:
Electoral Law: Law on the Elections of Representatives, art. 5.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/05
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
d . Not applicable
Comments:
Source:
Verified:
2022/07/05
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
b . No
Comments:
The National Assembly does not explicitly reserve seats for any particular group. However, parties or coalitions of national minorities with a sufficient amount of support may submit national minority electoral lists to be approved by the Republic Electoral Commission.
Source:
Electoral Law: Law on the Elections of Representatives, art. 137.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/05
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
c . The national legislature consists of one chamber only
Comments:
Source:
Verified:
2022/07/05
ES014
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
Answer:
b . Specify the percentage:
Comments:
Only electoral lists that have won at least 3% of the votes cast may participate in the
distribution of seats.
If no electoral list has won 3% of the votes cast, then all electoral lists that have won
votes may participate in the distribution of seats.
The national minority electoral list shall participate in the distribution of seats also
when it has won less than 3% of the votes cast.
Source:
Electoral Law: Law on the Elections of Representatives, art. 128, 140.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/05
ES015
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
Answer:
c . Not applicable
Comments:
Source:
Verified:
2022/07/05
ES016
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
Answer:
c . Not applicable
Comments:
Source:
Verified:
2022/07/05
ES017
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
Answer:
c . Not applicable
Comments:
Source:
Verified:
2022/07/05
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length)
Comments:
Deputies and councilors shall be elected for the period of four years
Elections for deputies shall be called by the President of the Republic, 90 days before the end of the term of office of the National Assembly, so that elections are finished within the following 60 days
If the National Assembly fails to elect the new Government within 30 days from the passing of a vote of no confidence, the President of the Republic shall be obliged to dissolve the National Assembly and schedule elections.
Source:
Constitution: Constitution of the Republic of Serbia, art. 101-102, 130.
https://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Verified:
2022/07/05
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2022/07/05
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments:
Source:
Verified:
2022/07/05
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
c . Not applicable
Comments:
Source:
Verified:
2022/07/05
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: Constitution of the Republic of Serbia
http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Electoral Law: Law on Election of Members of Parliament
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Electoral Law: Law on the Election of the President of the Republic
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-the-election-of-the-president-of-the/view
Verified:
2022/07/06
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
a . January 2000 or later
Comments:
Source:
Verified:
2022/07/06
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
c . Local elections
d . Referendums
Comments:
Source:
Electoral Law: Law on Local Elections of the Republic of Serbia
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-local-elections-2007/view
Electoral Law: Law on Election of Members of Parliament
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Electoral Law: Law on the Referendum and the People's Initiative
https://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-the-referendum-and-the-peoples/view
Verified:
2022/07/06
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
No one shall have the right to prevent or force a citizen to vote, to take a citizen to account for voting or failure to vote, or to demand a voter to declare for whom he/she has voted or why he/she has not voted
Source:
Electoral Law: Law on Election of Members of Parliament, art. 4.
https://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/06
LF005
Question: Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
Answer:
d . National elections are held on the same day as local elections only
Comments:
Local elections are permitted to take place on the same day as national elections, but there is not explicit requirement for them to.
Source:
Electoral Law: Law on Local Elections, art. 89-91.
https://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-local-elections-2007/view
Verified:
2022/07/06
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
a . Presidential elections are not held on the same day as national legislative elections
b . Presidential elections are held on the same day as national legislative elections
Comments:
Legislative elections and presidential elections can be held on the same day and were in 2022. However, there is no explicit legal requirement for this to be the case.
Source:
Electoral Law: Law on the Election of the President of the Republic
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-the-election-of-the-president-of-the/view
Verified:
2022/07/06
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:
The Republic Electoral Commission shall decide on complaints.
Source:
Electoral Law: Law on Election of Members of Parliament, art. 153.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/06
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
h . Not applicable
Comments:
Source:
Verified:
2022/07/06
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
a . Candidates
b . Parties
c . Voters
Comments:
The submitter of the electoral list, a political party, a parliamentary group, a candidate
for a Member of Parliament, a voter and a person whose name is in the name of the electoral
list or of the submitter of the electoral list may file a complaint when so stipulated by this
Law.
Source:
Electoral Law: Law on Election of Members of Parliament, art. 150.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/06
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
b . Constitutional (or similar) Court
f . Other
Comments:
The complainant may file an appeal against the decision of the Republic Electoral
Commission by which a complaint was dismissed or rejected with the Administrative Court
within 72 hours following the publication of that decision on the website.
The decision made in the appeal procedure shall be final and extraordinary legal
remedies provided by the law governing administrative disputes may not be filed against it.
The Constitutional Court shall decide on electoral disputes for which the court jurisdiction has not been specified by the Law.
Source:
Electoral Law: Law on Election of Members of Parliament, art. 156, 158.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Constitution: Constitution of the Republic of Serbia, art. 167.
http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Verified:
2022/07/06
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
c . Government
e . Legislature
Comments:
The National Assembly shall enact laws and other general acts within the competence of the Republic of Serbia.
A right to propose laws, other regulations and general acts shall belong to every deputy, the Government, assemblies of autonomous provinces or at least 30,000 voters.
Source:
Constitution: Constitution of the Republic of Serbia, art. 99, 107.
http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Verified:
2022/07/06
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:
Elections for MPs (hereinafter: parliamentary elections) shall be conducted by the
Republic Electoral Commission, local electoral commissions and polling boards.
Local electoral commissions shall be municipal electoral commissions, city electoral
commissions and electoral commissions of city municipalities of the City of Belgrade.
Local elections shall be conducted by the electoral commission and polling
boards.
Source:
Electoral Law: Law on Election of Members of Parliament, art. 7, 27.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Law on Local Elections, art. 9
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-local-elections-2007/view
Verified:
2022/07/07
EM003
Question: The national electoral management body reports to:
Answer(s):
c . The legislature
Comments:
The authorities responsible for conducting parliamentary elections (hereinafter:
electoral management bodies) shall be autonomous and independent in their work and operate
in compliance with laws and regulations adopted on the basis of the law.
The electoral management bodies shall report about their work to the authority which
has appointed them.
The Republic Electoral Commission shall submit to the National Assembly a report on the conducted elections
Source:
Electoral Law: Law on Election of Members of Parliament, art. 8, 24.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/07
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments:
Funds for the work of electoral management bodies, election materials and other costs
of the conduct of elections shall be provided in the budget of the Republic.
The National Assembly shall adopt the Budget and financial statement of the Republic of Serbia, upon the proposal of the Government
Source:
Electoral Law: Law on Election of Members of Parliament, art. 169.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Constitution: Constitution of The Republic of Serbia, art. 99.
http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Verified:
2022/07/07
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature
Comments:
The Republic of Serbia shall organise and provide for control of legality of managing resources of legal entities; financial audit of public finances; collection of statistical and other data of public interest
The National Assembly shall be the supreme representative body and holder of constitutional and legislative power in the Republic of Serbia.
Source:
Constitution: Constitution of The Republic of Serbia, art. 97, 98.
http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Verified:
2022/07/07
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
c . For an unspecified period
Comments:
The term of office of the standing composition of the Republic Electoral Commission shall cease when the new legislature of the National Assembly appoints a new standing composition of the Republic Electoral Commission
Source:
Electoral Law: Law on Election of Members of Parliament, art. 17.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/07
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
b . Legislative appointment
Comments:
Standing composition of the Republic Electoral Commission shall consist of the chairperson, 16 members, deputy chairperson and 16 deputy members appointed by the National Assembly.
A parliamentary group that has more than half of the total number of MPs shall
nominate the chairperson, deputy chairperson, seven members and seven deputy members of
the Republic Electoral Commission in the standing composition.
Source:
Electoral Law: Law on Election of Members of Parliament, art. 17-18.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/07
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments:
The authorities responsible for conducting parliamentary elections (hereinafter:
electoral management bodies) shall be autonomous and independent in their work and operate
in compliance with laws and regulations adopted on the basis of the law.
Source:
Electoral Law: Law on Election of Members of Parliament, art. 8.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/07
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
b . 11 - 20 members (specify)
Comments:
Standing composition of the Republic Electoral Commission shall consist of the chairperson, 16 members, deputy chairperson and 16 deputy members appointed by the National Assembly.
Source:
Electoral Law: Law on Election of Members of Parliament, art. 17.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/07
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
c . Combination of partisanship and expertise
Comments:
Only a person with a BA degree in law may be appointed a member or deputy member of the Republic Electoral Commission.
Members and deputy members of the Republic Electoral Commission in the standing composition shall be appointed at the proposal of parliamentary groups proportionately to their representation in the total number of MPs belonging to parliamentary groups.
No parliamentary group may nominate more than half of the members of the Republic Electoral Commission in the standing composition.
Source:
Electoral Law: Law on Election of Members of Parliament, art. 16, 18.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/07
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
e . Legislature
Comments:
Standing composition of the Republic Electoral Commission shall consist of the chairperson, 16 members, deputy chairperson and 16 deputy members appointed by the National Assembly
Source:
Electoral Law: Law on Election of Members of Parliament, art. 17.
http://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/07
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
g . NGOs/ Civic Organizations
Comments:
"Voter education efforts by the REC were very limited, visible primarily on its website, social networks and, to a limited extent, in the broadcast and online media. Some civil society organizations, most notably Center for Research, Transparency and Accountability (CRTA), posted voter educational material on billboards and in media platforms focusing primarily on raising awareness of electoral offences and the right to vote in secret"
Source:
Statement of Preliminary Findings and Conclusions, OSCE PA (2022).
https://aceproject.org/ero-en/regions/europe/RS/serbia-statement-of-preliminary-findings-and-14/view
Verified:
2022/07/07
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
d . No information available
Comments:
Source:
Verified:
2017/03/15
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
m . No information available
Comments:
Source:
Verified:
2017/03/15
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns
b . Media advertisement
g . Internet
Comments:
"Voter education efforts by the REC were very limited, visible primarily on its website, social networks and, to a limited extent, in the broadcast and online media. Some civil society organizations, most notably Center for Research, Transparency and Accountability (CRTA), posted voter educational material on billboards and in media platforms focusing primarily on raising awareness of electoral offences and the right to vote in secret"
Source:
Statement of Preliminary Findings and Conclusions, OSCE PA (2022).
https://aceproject.org/ero-en/regions/europe/RS/serbia-statement-of-preliminary-findings-and-14/view
Verified:
2022/07/07
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
d . Ethnic minorities
Comments:
"In line with the law, the REC prepared voter education and election material, including ballots, in all
municipalities where national minority languages are in official use."
Source:
Statement of Preliminary Findings and Conclusions, OSCE PA (2022).
https://aceproject.org/ero-en/regions/europe/RS/serbia-statement-of-preliminary-findings-and-14/view
Verified:
2022/07/07
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments:
A person becomes of age after turning 18.
Every citizen of age and working ability of the Republic of Serbia shall have the right to vote and be elected.
Source:
Constitution: Constitution of the Republic of Serbia, art. 37, 52.
http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Verified:
2022/07/18
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:
Every citizen of age and working ability of the Republic of Serbia shall have the right to vote and be elected.
Source:
Constitution: Constitution of the Republic of Serbia, art. 52.
http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Verified:
2022/07/18
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
d . Mental disability
Comments:
Each adult citizen of the Republic of Serbia over whom parental rights have not been
extended, or who has not been wholly divested of legal capacity shall have the right to vote
for MPs in the elections and to stand as an MP.
A person partly divested of legal capacity may vote for MPs and stand as an MP in
parliamentary elections, unless a court has declared him/her incapable of exercising the right
to vote under the decision on partial deprivation of legal capacity
Source:
Electoral Law: Law on Election of Members of Parliament, art. 3.
https://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/07/18
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
a . Central Government Department (specify)
Comments:
The electoral roll shall be maintained by the ministry competent for public
administration.
A part of the electoral roll for the territory of the unit of self-government shall be updated by the municipal/ town administration as an assigned task.
Source:
Electoral Law: Law on the Unified Electoral Roll, art. 2.
http://aceproject.org/ero-en/regions/europe/RS/serbia-the-law-on-the-single-electoral-register/view
Verified:
2022/07/18
VR005
Question: What is the registration method for national elections?
Answer:
a . National citizens register
Comments:
Persons having the right to vote and after the date of the adoption of the Decision on calling the elections persons who gain the right to vote on the date of elections at the latest, shall be registered in the electoral roll.
A voter who has not been entered in the electoral roll shall be registered in the electoral roll by the municipal/town administration up to the deadline set for its closure, and after the electoral roll closure until 72 hours before the polling day, by the ministry competent for public administration.
Source:
Electoral Law: Law on the Unified Electoral Roll, art. 4-5.
http://aceproject.org/ero-en/regions/europe/RS/serbia-the-law-on-the-single-electoral-register/view
Verified:
2022/07/18
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
a . Links to national population records
g . Data matching with other agencies information
Comments:
The electoral roll shall be maintained as an electronic database and shall
be updated according to the uniform methodology of the ministry competent for public
administration.
The decision on the change in the electoral roll shall be made ex officio or
upon the citizen’s request based on the data contained in birth/death/marriage registers,
other official records and public documents.
Source:
Electoral Law: Law on the Unified Electoral Roll, art. 3,9.
http://aceproject.org/ero-en/regions/europe/RS/serbia-the-law-on-the-single-electoral-register/view
Verified:
2022/07/18
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments:
The registration in the Register of Voters is a precondition for the exercise of voting rights.
Source:
Electoral Law: Law on the Unified Electoral Roll, art. 1.
http://aceproject.org/ero-en/regions/europe/RS/serbia-the-law-on-the-single-electoral-register/view
Verified:
2022/07/18
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)
f . Other
Comments:
Accompanying the electoral list, the following documents must be submitted to the
Republic Electoral Commission:...
At least 10,000 written statements of voters who support the electoral list
There must be at least 40% of members of the underrepresented gender on the
electoral list
Source:
Electoral Law: Law on Election of Members of Parliament, art. 71, 73.
http://aceproject.org/ero-en/regions/europe/RS/on-the-election-of-members-of-the-parliament/view
Verified:
2022/07/21
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
Comments:
Every citizen of age and working ability of the Republic of Serbia shall have the right to vote and be elected.
Source:
Constitution: Constitution of the Republic of Serbia, art. 52.
http://aceproject.org/ero-en/regions/europe/RS/on-the-election-of-members-of-the-parliament/view
Verified:
2022/07/21
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
Answer(s):
a . Age
b . Citizenship
Comments:
Every adult citizen of the Republic of Serbia over whom parental rights have not been
extended, or who has not been wholly divested of legal capacity shall have the right to vote
and to stand as a candidate at election for the President of the Republic.
Source:
Electoral Law: Law on the Election of the President of the Republic, art. 3.
http://aceproject.org/ero-en/regions/europe/RS/on-the-election-of-members-of-the-parliament/view
Verified:
2022/07/21
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
b . Detention
Comments:
Before the terms of office of two thirds of MPs from the next parliamentary of the
National Assembly are confirmed, the term of office of an MP shall cease if:...
3) he/she has been sentenced to a term of imprisonment of not less than six months by
a final court decision;
Note: Detention does not explicitly disqualify one from running for office, but when already holding office longer term detention can result in the termination of one's term
Source:
Electoral Law: Law on Election of Members of Parliament, art. 131.
http://aceproject.org/ero-en/regions/europe/RS/on-the-election-of-members-of-the-parliament/view
Verified:
2022/07/21
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
b . In presidential elections
c . In legislative elections (Chamber 1)
Comments:
The electoral list may be submitted by a political party registered in the Register of
Political Parties (hereinafter: political party), a coalition of political parties or a group of
citizens.
A candidate for the President of the Republic (hereinafter: candidate) may be
nominated by... a group of citizens.
Note: No explicit law stating whether candidates must belong to a political party, but groups of citizens may nominate candidates unaffiliated with a party may submit candidates or lists of their choosing with sufficient signatures.
Source:
Electoral Law: Law on Election of Members of Parliament, art. 62.
http://aceproject.org/ero-en/regions/europe/RS/on-the-election-of-members-of-the-parliament/view
Law on the Elections of Representatives of the Republic of Serbia, art. 12.
http://aceproject.org/ero-en/regions/europe/RS/on-the-election-of-members-of-the-parliament/view
Verified:
2022/07/21
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
a . Signature requirement (specify)
Comments:
Accompanying the electoral list, the following documents must be submitted to the
Republic Electoral Commission:...
At least 10,000 written statements of voters who support the electoral list
Source:
Electoral Law: Law on Election of Members of Parliament, art. 71.
http://aceproject.org/ero-en/regions/europe/RS/on-the-election-of-members-of-the-parliament/view
Verified:
2022/07/21
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
e . Not applicable
Comments:
Source:
Verified:
2022/07/21
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
a . Signature requirement (specify)
Comments:
Along with the nomination of a candidate, the following documents must be
submitted to the Republic Electoral Commission:...
3) At least 10,000 written statements of voters supporting the nomination of the
candidate on a form prescribed by the Republic Electoral Commission
Source:
Electoral Law: Law on the Election of the President of the Republic, art. 14.
http://aceproject.org/ero-en/regions/europe/RS/on-the-election-of-members-of-the-parliament/view
Verified:
2022/07/21
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct
Comments:
Political entities are financed from public and private sources.
Public sources for financing of political activity comprise pecuniary funds and
services granted by the Republic of Serbia, autonomous province and local
government, their organs as well as organizations founded by them.
Source:
Electoral Law: Law on Financing Political Activities, art. 3-4.
http://aceproject.org/ero-en/regions/europe/RS/law-on-financing-political-parties/view
Verified:
2022/07/21
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
a . As related to the election period only
Comments:
Funds shall be paid within five days from the date of proclaiming of election lists.
Source:
Electoral Law: Law on Financing Political Activities, art. 21.
http://aceproject.org/ero-en/regions/europe/RS/law-on-financing-political-parties/view
Verified:
2022/07/21
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
e . Not Applicable
Comments:
Source:
Verified:
2022/07/21
PC015
Question: What is the basis of the public funding?
Answer(s):
a . Equal funding, regardless of size and previous performance
c . Based on current legislative representation
Comments:
Funds specified in Article 16 hereof are allocated to political entities winning
seats in representative bodies in proportion to the number of votes calculated
according to the method defined in paragraph 2 of this Article.
Funds specified in Article 20 hereof in the amount of 20% are allocated in equal
amounts to submitters of proclaimed election lists who at time of submission declared
to use the funds from public sources to cover election campaign costs
The remaining portion of funds specified in Article 20 hereof (80%) is allocated
to submitters of election lists pro rata to the number of won seats
Source:
Electoral Law: Law on Financing Political Activities, art. 21.
http://aceproject.org/ero-en/regions/europe/RS/law-on-financing-political-parties/view
Verified:
2022/07/21
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
a . General party administration
b . Election campaign activities
c . Unspecified
Comments:
Funds from public sources appropriated for financing political entities operation
whose candidates have been elected members of parliament, deputies and/or
/councillors are set at the level of 0.105% of the Republic of Serbia budgetary tax
revenues, territorial autonomy budgetary tax revenues and/or local government
budgetary tax revenues.
Funds from public sources for covering election campaign costs are allocated
in the year of regular elections in the amount of 0.07% of the Republic of Serbia
budgetary tax revenues, of the autonomous province budgetary tax revenues and/or
of the local government budgetary tax revenues for the budget year
Source:
Electoral Law: Law on Financing Political Activities, art. 16, 20.
http://aceproject.org/ero-en/regions/europe/RS/law-on-financing-political-parties/view
Verified:
2022/07/21
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments:
Political entities are financed from public and private sources.
Source:
Electoral Law: Law on Financing Political Activities, art. 3.
http://aceproject.org/ero-en/regions/europe/RS/law-on-financing-political-parties/view
Verified:
2017/03/15
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
c . As related to the election period and between elections
Comments:
Natural persons and legal entities may give donations in a single calendar year
in which election are held, in addition to donations for operation, also for election
campaign costs up to maximum stipulated amount at annual level specified in Article
10, paragraphs 1 and 2 hereof, regardless of the number of election campaigns in a
calendar year.
Source:
Electoral Law: Law on Financing Political Activities, art. 22.
http://aceproject.org/ero-en/regions/europe/RS/law-on-financing-political-parties/view
Verified:
2022/07/21
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
a . Public disclosure of party contributions received
b . Public disclosure of party expenditure
f . Electronic reporting of party expenses
g . Electronic reporting of party contributions received
h . Publication or public access to contribution and / or expenditure reports
Comments:
Maximum value of donation on at annual level that a natural person may give
to political entities for operation shall not exceed 20 average monthly salaries.
Maximum value of donation at annual level that a legal entity may give to
political entities for operation shall not exceed 200 average monthly salaries.
Donations exceeding at annual level one average monthly salary are
published.
A political entity is required to publish each donation referred in paragraph 3 of
this Article on its website within eight days from the date the value of donation has
exceeded the amount of one monthly average salary.
The report on election campaign costs is published on the website of the
Agency.
It is prohibited to finance a political entity by foreign states; foreign natural
persons and legal entities, except international political associations
Source:
Electoral Law: Law on Financing Political Activities, art. 10, 12, 29.
http://aceproject.org/ero-en/regions/europe/RS/law-on-financing-political-parties/view
Verified:
2022/07/21
Vote Counting
VC004
Votes 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:
Article 74
After the end of voting the polling board shall proceed to determine the results of voting at its polling place.
Source:
Law on the Elections of Representatives of the Republic of Serbia, art. 74.
http://aceproject.org/ero-en/regions/europe/RS/on-the-election-of-members-of-the-parliament/view
Verified:
2022/10/10
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
g . No information available
Comments:
Source:
Verified:
2022/10/10
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
g . Other (specify)
Comments:
Article 144
Per two representatives of the national public service media, the government and
political parties that have MPs shall determine the number and duration of program items for
the presentation of the submitters of the proclaimed electoral lists.
The agreement on the number and duration of program items for the presentation of
the submitters of the proclaimed electoral lists shall be concluded no later than five days from
the day when the decision on calling elections came into force and shall be published on the
website without delay.
National public service media, with the participation of representatives of the
Government, political parties that have MPs and submitters of proclaimed electoral lists, shall
determine rules for the presentation of submitters of proclaimed electoral lists, election
programs and MP candidates.
Source:
Legal Framework: Serbia: Law on Election of Members of Parliament (2022), art. 144.
https://aceproject.org/ero-en/regions/europe/RS/serbia-law-on-elections-of-representatives-updated/view
Verified:
2022/10/15
ME059
Television 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:
OSCE/ODIHR Limited Election Observation Mission Final Report on the Parliamentary and Early Presidential Elections of the Republic of Serbia, Warsaw 31 July 2012.
http://aceproject.org/ero-en/regions/europe/RS/serbia-final-report-parliamentary-and-presidential/view
Verified:
2022/10/15
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
g . No information available
Comments:
Source:
Verified:
2022/11/07
ME080
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:
2022/10/24
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:
Constitution, Article 2:
Sovereignty is vested in citizens who exercise it through referendums, people’s initiative and freely elected representatives.
Article 176
Citizens shall have the right to the provincial autonomy and local self-government, which they shall exercise directly or through their freely elected representatives.
Article 182
Territory of autonomous provinces and the terms under which borders between autonomous provinces may be altered shall be regulated by the Law. Territory of autonomous provinces may not be altered without the consent of its citizens given in a referendum, in accordance with the Law.
Article 188
Establishment, revocation or alteration of the territory of a local self-government unit shall be preceded by a referendum on the territory of that local self-government unit.
Article 108
Upon the request of the majority of all deputies or at least 100,000 voters, the National Assembly shall call the referendum on issues falling within its competence, in accordance with the Constitution and Law.
The subject of the referendum may not include duties deriving from international contracts, laws pertaining to human and minority rights and freedoms, fiscal and other financial laws, the budget and financial statement, introduction of the state of emergency and amnesty, as well as issues pertaining to election competences of the National Assembly.
Article 203:
The National Assembly shall adopt an act on amending the Constitution by a two-third majority of the total number of deputies and may decide to have it endorsed in the republic referendum by the citizens.
Source:
Constitution: Constitution of the Republic of Serbia, art. 2:1, 108, 176:1, 182, 188, 203.
http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Electoral Law: The law on Referendum and Civil Initiative.
http://aceproject.org/regions-en/countries-and-territories/RS/links/law-on-referendum-and-civil-initiative
Verified:
2017/03/15
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments:
Article 182
Territory of autonomous provinces and the terms under which borders between autonomous provinces may be altered shall be regulated by the Law. Territory of autonomous provinces may not be altered without the consent of its citizens given in a referendum, in accordance with the Law.
Article 188
Establishment, revocation or alteration of the territory of a local self-government unit shall be preceded by a referendum on the territory of that local self-government unit.
Source:
Constitution: Constitution of the Republic of Serbia, art. 182, 188.
http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Verified:
2017/03/15
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments:
Article 108
Upon the request of the majority of all deputies or at least 100,000 voters, the National Assembly shall call the referendum on issues falling within its competence, in accordance with the Constitution and Law.
Artilce 203:
The National Assembly shall adopt an act on amending the Constitution by a two-third majority of the total number of deputies and may decide to have it endorsed in the republic referendum by the citizens.
Source:
Constitution: Constitution of the Republic of Serbia, art. 108, 203.
http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Verified:
2017/03/15
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments:
Source:
Electoral Law: Law on Referendum and Civil Initiative
http://aceproject.org/regions-en/countries-and-territories/RS/links/law-on-referendum-and-civil-initiative
Verified:
2017/03/15
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments:
Constitution, Article 107
A right to propose laws, other regulations and general acts shall belong to every deputy, the Government, assemblies of autonomous provinces or at least 30,000 voters.
Source:
Constitution: Constitution of the Republic of Serbia, art. 107
http://aceproject.org/ero-en/regions/europe/RS/constitution-of-the-republic-of-serbia-2006/view
Verified:
2017/03/15
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source:
Direct Democracy: The International IDEA Handbook (2008) (http://www.idea.int/publications/direct_democracy/index.cfm
Verified:
2017/03/15
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments:
Article 25
A decision adopted in the referendum is binding.
If the citizens previously declared on a certain issue in the referendum, the body adopting the act prescribing the issue concerned is obliged to adopt it in accordance with the citizens’ will expressed in the referendum in accordance with the act on the announcement of the referendum and not later than within 60 days from the date of the referendum.
If the citizens had approved an act by voting in the referendum, the act shall be considered adopted on the date of the referendum and shall be proclaimed on the date of the proclamation of the act concerned.
If the citizens had voted against the act in the referendum, it shall be deemed that the act had never been adopted.
Source:
Electoral Law: The Law on Referendum and Civil Initiative, art. 25.
Republic Electoral Commission-implementation of referendums
http://www.rik.parlament.gov.rs/referendumi.php
Verified:
2017/03/15
DD130
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:
Article 108
Upon the request of the majority of all deputies or at least 100,000 voters, the National Assembly shall call the referendum on issues falling within its competence, in accordance with the Constitution and Law.
Artilce 203:
The National Assembly shall adopt an act on amending the Constitution by a two-third majority of the total number of deputies and may decide to have it endorsed in the republic referendum by the citizens.
Source:
Constitution: Constitution of the Republic of Serbia, art. 108, 203.
https://www.constituteproject.org/constitution/Serbia_2006#s460
Verified:
2017/03/15
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments:
Article 182
Territory of autonomous provinces and the terms under which borders between autonomous provinces may be altered shall be regulated by the Law. Territory of autonomous provinces may not be altered without the consent of its citizens given in a referendum, in accordance with the Law.
Article 188
Establishment, revocation or alteration of the territory of a local self-government unit shall be preceded by a referendum on the territory of that local self-government unit.
Source:
Constitution: Constitution of the Republic of Serbia, art. 182, 188.
https://www.constituteproject.org/constitution/Serbia_2006#s460
Verified:
2017/03/15
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
j . Other
Comments:
Source:
Electoral Law: Law on the Elections of Representatives of the Republic of Serbia, art. 53, 73, 73a.
http://aceproject.org/ero-en/regions/europe/RS/on-the-election-of-members-of-the-parliament/view
Verified:
2017/03/15
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:
Article 73
Electors who are doing their national service or are on temporary military duty, or electors who are performing duties in units or institutions of the Army of Yugoslavia, shall vote in the proclaimed polling place nearest to barracks where they are on service or on temporary military duty.
Article 73a
The voters temporarily residing abroad shall vote at diplomatic missions and consular posts of the Republic of Serbia and at special polling stations determined by the Republic Electoral Commission, with the Commission having consulted beforehand with the ministry in charge of foreign affairs.
Source:
Electoral Law: Law on the Elections of Representatives of the Republic of Serbia, art. 73, 73a.
http://aceproject.org/ero-en/regions/europe/RS/on-the-election-of-members-of-the-parliament/view
Verified:
2017/03/15
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies
b . Consulates
f . Other
Comments:
Source:
Electoral Law: Law on the Elections of Representatives of the Republic of Serbia, art. 73, 73a.
http://aceproject.org/ero-en/regions/europe/RS/on-the-election-of-members-of-the-parliament/view
Verified:
2017/03/15
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source:
Electoral Law: Law on the Elections of Representatives of the Republic of Serbia, art. 70.
http://aceproject.org/ero-en/regions/europe/RS/on-the-election-of-members-of-the-parliament/view
Verified:
2017/03/15