ISSN 1847-2397 godište II broj 1 2009. | volume II number 1 2009

Maja Sahadžić: The Electoral System of Bosnia and Herzegovinasuvremene TEME, (2009.) God. 2, Br. 1CONTEMPORARY issues, (2009) Vol. 2, No. 1vote and by secret balloting.Point (c) is referring to Articles 1.4 and1.5 of Electoral Law of Bosnia and Herzegovina.Each citizen of Bosnia and Herzegovina whohas attained eighteen years of age shall havethe right to vote and to be elected pursuant tothis law. To exercise his or her right to vote, acitizen must be enlisted in Central Voters Register.Electoral Law of Bosnia and Herzegovinadetermined conditions for acquirement of rightto vote: citizenship, eighteen years of age andenlistment in Central Voters Register. Until 2006there was a model of active registration appliedwhich implied obligation of voters to register.In 2006 model of passive registration appliedwhich means that state bodies manage CentralVoters Register ex officio by using official recordof place of residence. Every citizen who appliedfor the ID before August 17 was registered in aCentral Voters Register. However, the systemdid not apply to certain/special categories ofvoters. Refugees and voters living temporarilyabroad who wished to vote out – of – countryhad to submit an application to the Central ElectionCommission before July 18, but voters registeredto vote out – of – country were allowed tovote in Bosnia and Herzegovina on election daywith tendered ballots in the municipality of theirpermanent residence. 17Point (d) refers to Article 1.5 of ElectoralLaw of Bosnia and Herzegovina which definesthat all citizens of Bosnia and Herzegovina whohave the right to vote, pursuant to this law, shallhave the right to vote in person in the municipalityof their permanent residence. A citizen of Bosniaand Herzegovina who is temporarily residingabroad and has the right to vote, is entitled tovote in person (by appearing at an appropriatepolling station in Bosnia and Herzegovina or ata diplomatic and consular representation officeof Bosnia and Herzegovina abroad) or by mail(by sending the voting ballot by mail) for the municipalitywhere the person had the permanentplace of residence prior to his or her departureabroad. Displaced persons, according to ArticleIII of Dayton Peace Accords can vote in municipalitywhere they reside at present time undercondition that they have permanent residence inthat municipality for at least six months.Point (e) also refers to Article 1.5 ofElectoral Law of Bosnia and Herzegovina thatis related to citizen of Bosnia and Herzegovinawho has dual citizenship pursuant to Article I(7)17 For more information refer to: OSCE (2007), GeneralElections 1 October 2006, OSCE/ODIHR Election ObservationMission Final Report, Warsaw 6 February 2007.(d) of the Constitution of Bosnia and Herzegovina.This citizen does not have right to active and/or passive election right if he or she resides inother state.Point (f) refers to Articles 1.6 and 1.7 ofElectoral Law of Bosnia and Herzegovina. Noperson who is serving a sentence delivered bythe International Tribunal for the former Yugoslavia,and no person who is under indictment bythe Tribunal and who has failed to comply withan order to appear before the Tribunal, may berecorded in the Central Voters Register or standas a candidate (the candidate for the purposeof this Law refers to persons of both genders)or hold any appointive, elective or other publicoffice in the territory of Bosnia and Herzegovina.Also, no person who is serving a sentence deliveredby a Court of Bosnia and Herzegovina,courts of the Republic of Srpska, courts of theFederation of Bosnia and Herzegovina and courtof the District of Brčko or has failed to complywith an order to appear before a Court of Bosniaand Herzegovina, courts of the Republic ofSrpska, courts of the Federation of Bosnia andHerzegovina and courts of the District of Brčkofor serious violations of humanitarian law wherethe International Criminal Tribunal for the formerYugoslavia has reviewed the file prior to arrestand found that it meets international legal standardsmay not be recorded in the Central VotersRegister or stand as a candidate or hold anyappointive, elective or other public office in theterritory of Bosnia and Herzegovina.Point (g) refers to Article 1.8 of ElectoralLaw of Bosnia and Herzegovina and it relates toprinciple of incompatibility. Members of legislative,executive, judicial branch, members of police,military forces, diplomatic and consular representativescannot hold two public functions.Point (h) also refers to Article 1.8 ElectoralLaw of Bosnia and Herzegovina and it relatesto cumulating of functions disability. Thismeans that nobody can hold more than oneelected function.Point (i) refers to Article 1.9 of ElectoralLaw of Bosnia and Herzegovina. A mandate belongsto the elected holder and not the politicalparty, coalition or list of independent candidates,which nominated him or her on the candidateslist. The mandate cannot be terminated exceptwhere prescribed by law. Should an electedholder, during his/her term of office, withdrawfrom a political party, coalition or list of independentcandidates that participated in the electionsor nominated him/her on its candidates list, theelected holder shall become an independentcentar za politološka istraživanjathe political science research centrewww.cpi.hr69