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LAW ON ELECTION OF REPRESENTATIVES
TO THE CROATIAN NATIONAL PARLIAMENT




GENERAL AND FUNDAMENTAL PROVISIONS

Article 1

This law determines the election of representatives to the House of Representatives and the House of Counties to the Croatian National Parliament (hereinafter referred to as elections).

Article 2
OFFICIAL GAZETTE of the Republic of Croatia OFFICIAL GAZETTE of the Republic of Croatia
The mandate of representatives elected to the House of Representatives and House of Counties of the Croatian National Parliament (hereinafter referred to as: Parliament) is four years and can be extended only in case of war.

The mandate of representatives is not binding and they are irrevocable.

Article 3
OFFICIAL GAZETTE of the Republic of Croatia OFFICIAL GAZETTE of the Republic of Croatia
Freedom of choice and secrecy of voting are guaranteed to the voters.

Voters have the right and obligation to vote only once.

No one can demand that voters declare whom they voted for.

No one can be held accountable for voting or not voting.

Article 4
OFFICIAL GAZETTE of the Republic of Croatia OFFICIAL GAZETTE of the Republic of Croatia
Representatives to the House of Representatives of Parliament are elected on the basis of common and equal electoral right and representatives to the House of Counties of the Parliament on the basis of common electoral right by all Croatian citizens who are of age (i.e. from 18 years old onwards), with exception of those who are deprived of business capability due to a legally valid court decision (hereinafter referred to as voters).

Any Croatian citizen having turned 18 years of age can be elected representative.

Article 5
OFFICIAL GAZETTE of the Republic of Croatia OFFICIAL GAZETTE of the Republic of Croatia
The president of the Republic of Croatia can announce election for representatives and summons the Houses for the first session.

The Election Day is determined by the decision calling the elections.

The Election Day is a non-working day.

Between the day of announcement and the Election Day there has to be a minimum period of 30 days.

Article 6

The elections are held in polling stations on the territory of the Republic of Croatia, and for the House of Representatives in diplomatic and consular representative body of the Republic of Croatia as well.

Article 7

Voters with residence in the Republic of Croatia vote in polling stations on the territory of the Republic of Croatia determined according to their place of residence.

Voters with residence in the Republic of Croatia who on the election day happen to be in service in military forces of the Republic of Croatia, voters who as crew members on sea and rivers ships under the Croatian flag happen to be outside the Croatian borders, and voters who are in detention, vote in special polling stations determined by provisions of this Law.

Voters with residence in the Republic of Croatia who on election day happen to be outside the state borders vote in diplomatic and consular representative bodies for representative of the electoral precinct according to place of residence in the Republic of Croatia.

Article 8

Voters with no residence in the Republic of Croatia are entitled to be represented in the House of Representatives in the Parliament and they elect their representatives pursuant to the provisions of this Law.



INCOMPATIBILITY OF DUTIES, SUSPENSION AND TERMINATION OF REPRESENTATIVE MANDATE AND EXCHANGE OF REPRESENTATIVES

Article 9

No one can be representative in the House of Representatives and house of Counties at the same time.

At the time during he fills the post of representative he cannot be: judge of the Constitutional Court of the Republic of Croatia, judge, General Attorney, Deputy General Attorney, Public Attorney, Deputy Public Attorney, president or vice-president of the Government of the Republic of Croatia, minister or any other member of Government of the Republic of Croatia, deputy minister, Secretary of State, assistant minister, head of state administrative organisation, Secretary of Government of the Republic of Croatia, secretary of ministry, head of office and head of agency of the Republic of Croatia, chief of staff of the President of Croatia. head of Office for National Security, ambassador, consul general, county head or deputy county head, major or deputy major of the city of Zagreb, career officer or non-commissioned officer of the armed forces which are appointed and dismissed as military commanders of Croatian Army by the President of the Republic of Croatia or minister of defence, member of board with a corporation, institution and non-budget fund in majority ownership of state and head of corporation which is obliged by law to submit reports to the Croatian National Parliament.

During the mandate the representative can accept a post which due to the provisions of fns Law is incompatible.

During the time the representative fills an incompatible post, his mandate will be suspended and a deputy pursuant to the provisions of this Law will replace him.

Article 10

The mandate of a representative will be terminated prior to expiration of the period he was elected for

1. in case he resigns;

2. if his business capability is taken away from him by legally valid decision; .

3. if he is sentenced to unconditional prison sentence longer than 6 months by final court judgement;

4. in case of death.

Article 11

The representative whose mandate is terminated and represent five with incompatible duties or whose mandate is suspended due to a written request are to be substituted by deputy representative.

Deputy representative assumes his duty as representative after the House of Representatives i.e. Counties state that the legal prerequisites for the implementation of the institute of substitution arc in existence.

Article 12

Representative elected from the list in the electoral precinct is substituted by the non-elected candidate from the same list that the representative was elected from, and is chosen by the political party which proposed the list.

The next non-elected candidate from that list substitutes representative elected from the independent list in the electoral precinct.

A deputy who has been elected from the same list together with the representative substitutes representative elected on the county list.

A deputy elected in the same electoral precinct substitutes representative elected in the electoral precinct for election of representatives of autochthonous national minorities.

Article 13

Upon termination of incompatible duty the representative resumes his representative duty based on termination of mandate suspension with the House of Representatives i.e. House of Counties, if he submits a written request to the president of the house within 8 days from termination of incompatible duty. Suspension of mandate will be terminated on the eighth day from submitting a written request to this end.

Representatives can request to resume their representative duty based on termination of mandate suspension with the House of Representatives i.e. House of Counties only once during his mandate as representative.

Article 14

Representatives are entitled to suspension of their mandate as a single instance by submitting a written request to the President of the Parliament.

Suspension of mandate cannot be shorter than 6 months and during that time his deputy will replace him.

Suspension of representative's mandate will be terminated on the eighth day from the day on which the representative who had his mandate suspended has submitted a written request to the chairman of the house for resumption of his representative duty.

Article 15

Provisions of this Law on suspension of representative mandate based on written request by representative do not include the representatives elected to the House of Counties by the President of the Republic of Croatia, by virtue of constitutional powers vested in him.



RIGHTS OF MEMBERS OF AUTOCHTHONOMOUS NATIONAL MINORITIES IN THE REPUBLIC OF CROATIA TO BE REPRESENTED IN THE PARLIAMENT

IN THE HOUSE OF REPRESENTATIVES

Article 16

The Republic of Croatia guarantees to all members of autochthonous national minorities in the Republic of Croatia the fulfilment of their right to be represented in the Parliament in the House of Representatives.

The members of autochthonous national minorities in the Republic of Croatia are entitled to elect five representatives to the House of Representatives in the Parliament who are elected in the electoral precincts defined by Law on electoral precincts for election of representatives to the House of Representatives of the Croatian National Parliament.

Article 17

Members of Hungarian, Serbian and Italian national minorities elect each one representative to the House of Representatives to the Parliament.

Members of Chech and Slovak national minorities elect jointly one representative to the House of Representatives to the Parliament.

Members of Austrian, German, Ruthenian, Ukrainian and Jewish national minorities elect jointly one representative to the House of Representatives to the Parliament.

Members of national minorities from section 1 of this article propose not only representative candidate but his deputy who is elected together with him as well. Members of national minorities from section 2 and 3 of this article propose only the representative candidate and the candidate with second highest number of votes following the elected representative shall become his deputy.

In compliance with the constitutional principle of equality of voting rights the members of autochthonous national minorities can elect a representative either among the members of national minorities who is elected in special electoral precincts or participate in elections based on lists in electoral precincts.

Article 18

Political parties, voters and associations of national minorities are entitled to propose representative candidates for autochthonous minorities and their deputies.

If the candidate for representative of autochthonous national minority and his deputy are proposed by voters, the nomination has to be confirmed by 100 signatures of voters.

Article 19

Signatures of voters in the procedure of nomination of representative and his deputy for the autochthonous national minority who are elected in special electoral precincts are to be collected on the prescribed form: name and surname, nationality, address and citizen's identification number have to be filled in for the candidate nominated together with the name and surname, address and citizen's identification number for the undersigned voter (nominator).



NOMINATION

Article 20

All political parties registered in the Republic of Croatia on the day of proclamation of decision in the Official Gazette that the elections have been called are entitled to propose their party lists for election of representatives to the House of Representatives and House of Counties of the Parliament.

The list for election of representatives to the House of Representatives and the House of Counties can be proposed by one party independently or two or more political parties (coalition list).

Political parties form their lists and order of candidates independently, in a manner defined by the statute of a political party i.e. in compliance with special statutory decisions:

Article 21

Voters propose nomination lists based on collected signatures that are valid.

For validity of lists proposed by electoral precincts for election of representatives to the House of Representatives and county lists for election of representatives to the House of Counties it is necessary to collect at least 500 voters` signatures.

Article 22

Proposed list have to be submitted to the State Election Board of the Republic of Croatia (hereinafter referred to as: State Election Board) i.e. to the County Election Board within 14 days from calling the elections at the latest.

In the proposition of the list for an electoral precinct for election of representatives to the House of Representatives the name of the list should be stated and the candidates have to be listed from no. 1 to no. 14 includingly.

In the proposition of the list for an electoral precinct for election of representatives to the House of Representatives it is compulsive to state the name and surname of each candidate as well as deputy of each candidate on the list. The candidates have to be listed from ordinal number 1 until incl. ordinal number 3.

The list bears the full name of the party proposing the list i.e. political parties or coalition that proposed that list. 1f political parties use abbreviated name of the party, parties or party coalition, it is allowed to use abbreviations in the list name.

If the list is proposed by a group of voters it bears the name "independent list". Bearer of the list need not to be a candidate on the list.

You can be candidate only on one list and only in one electoral precinct.

Article 23

State Election Board will within 48 hours from receiving the lists from electoral precincts for election of representatives to the House of Representatives accept and announce in all daily newspapers in the Republic of Croatia said on Croatian Radio and Television all the validly proposed lists for each electoral precinct.

State election Board will announce a collective list of all validly proposed lists for each electoral precinct.

Collective list contains the name of each list from each electoral precinct and name and surname of the bearer of each list. Party or independent list are entered into the collective list by alphabetic order of the full name of a political party or a coalition of political parties who proposed the list. If several political parties proposed a joint list it will be entered into the collective list according to the name of the first stated party in the proposition.

State Election Board will within 48 hours deliver all accepted lists for each electoral precinct as well as the collective list of election lists for each electoral precinct to the Croatian diplomatic and consular representatives bodies to be made public.

Article 24

County Election Board will within 48 hours from submission of county lists for election of representatives to the House of Counties accept and announce in all daily papers in the Republic of Croatian and on Croatian Radio and Television all validly proposed county list for each county.

County Election Board will announce a collective list of all validly proposed lists in each county.

Party i.e. independent lists are entered on the collective county list in alphabetic order by the full name of the political party i.e. coalition of political parties who proposed the list. If several political parties proposed a joint list, it will be entered into the summary county list according to the name of the first political party stated in the proposition.

Article 25

Political parties which have proposed accepted lists of candidates for election of representatives to the House of Representatives i.e. county list for election of representatives to the House of Counties, can under stipulations in their statute or by special decision in compliance with their statute renounce that list within 48 hours from the moment that the accepted list has been announced by the election board of the said electoral precinct i.e. county election board at the latest. The bearer of an independent list decides on renunciation of that list.

Written notice on renunciation has to be submitted to election board of the electoral precinct i.e. county electoral board.

A single candidate or several candidates from a list is not allowed after the list with the names of said candidates has been accepted, and if any such candidate should renounce it will be not acknowledged and such a list will be regarded as valid with names of all announced candidates that the list contains.

Article 26

It is possible to renounce the nomination for representative to the House of Representatives in electoral precincts where representatives of national minorities are elected at the latest 48 hours after the list has been accepted and announced, if:

- An independent candidate submits a declaration certified by notary public;

- A candidate proposed by political party if the said party gives consent in writing; - A political party that has proposed a candidate.

Renunciation of nomination from paragraph 1 of this article refers to deputies as well.

Article 27

If a candidate on a list for election of representatives to the House of Representatives i.e. candidate or deputy on a county list for election of representatives to the House of Counties, or a candidate or a deputy in electoral precincts where representatives of autochthonous national minorities are elected, should die during the time from annunciation of the list of candidates, political party i.e. political parties or associations of national minorities which nominated the said candidate can nominate another candidate i.e. deputy, under no special terms for validity of nomination stipulated by this Law, up to 10 days before the elections are to be held.

If any candidate on the lists for election of representatives to the House of Representatives i.e. candidate or deputy on county lists for election of representatives to the House of Counties should die after the period of time defined as in paragraph 1 of this article, provisions of article 12 of this Law apply accordingly.



ELECT'ION CAMPAIGN

Article 28

Election campaign starts with the day of annunciation of collective list of electoral precincts i.e. county lists and ends 24 hours prior to the Election Day.

On the election day as well a&127; 24 hours prior to the election day any election campaign is prohibited, any announcement and estimates of election results as well as announcement of informal preliminary election results; publication of photographs in public media, statements and interviews of list bearers i.e. candidates, and quoting their statements or written works.

Article 29

During the election campaign all political parties who have nominated the candidate lists are entitled to equal terms of proclaiming and explanation of their electoral platforms and election campaign.

All public media are obliged to ensure that political parties can put their rights from paragraph 1 of this article into practice.

Article 30

To establish equality for all political parties which have put up their lists and equal opportunities to introduce their platforms and political campaign on the Croatian Radio and Television, the House of Representatives will within 15 days from passing of this Law, Rules of Procedure for the Croatian Radio and Television which will define the mode of work for the Croatian Radio and Television during the election campaign.

Rules from paragraph 1 of this article will elaborate and define modes and times of covering the election campaign of political parties, presentation of platforms of political parties. candidates on party and independent lists, candidates for representatives of autochthonous national minorities, party officials and roles of programmes confronting the bearers of election lists.

Rules from paragraph I of this article will define total time of all programmes (telopi, spots, snapshots from meetings, special programmes etc) which can be hired by major political party and coalition and political parties in opposition or their coalition, taking into account that equal time will be invoiced per single list which partakes at the elections.



COSTS OF ELECTION CAMPAIGN AND REIMBURSMENT

Article 31

All political parties that put up lists for election of representatives to the House of Representatives or House of Counties in at least one electoral precinct are entitled to reimbursement of costs of election campaign from state budget of the Republic of Croatia.

Candidates for representatives of autochthonous national minorities who are elected in special electoral precincts and bearers of independent lists are also entitled to reimbursement of costs of election campaign from state budget of the Republic of Croatia.

Article 32

Parliamentary political parties which had representatives in the House of Representatives and House of Counties on 31s` of December 1998, who participate in the elections are entitled to reimbursement of , costs for election campaign in the yearly amount defined for 1999 according to the Law on Political Parties (Official Gazette No. 76/93, 1 I 1/96 and 164/98) and regulations passed under this Law.

Costs of election campaign from paragraph 1 of this article have to be paid to political parties 48 hours after their accepted lists have become final at the latest.

Article 33

Each political party which put up lists for election of representatives to the House of Representatives or House of Counties is obliged to proclaim approximate data on amount and origin of own financial means that are to be spent for election campaign before beginning. of election campaign.

Candidates for representatives of autochthonous national minorities and bearers of independent lists are also obliged to proclaim data on amount and origin of own means that are to be spent for election campaign before the election campaign begins.

Article 34

Political parties which were not represented in the House of Representatives in the Croatian National Parliament until 31st of December 1998 and proposers of independent lists who participate in the elections are entitled to reimbursement of costs for election campaign if they receive more than 5 p.c. of valid votes from the voters of their electoral precinct.

Candidates for representatives of autochthonous national minorities who receive more than 5 p.c. of valid votes from the voters in special electoral precinct are also entitled to reimbursement of costs for election campaign from the state budget of the Republic of Croatia.

The reimbursement is to be paid within 30 days from the day of announcement of official election results.

Government of the Republic of Croatia will set the amount of reimbursement of costs for election campaign by special decision. The decision has to be brought 20 days before the Election Day at the latest.

Article 35

Political parties, independent candidates and candidates for representatives for autochthonous national minorities can finance election campaign from their own financial means.

Article 36

Reimbursement of tests for election campaign is paid directly to accounts held by political parties at the National bank in their place of residence i.e. directly to independent candidates and candidates for representatives of autochthonous national minorities.

Article 37

Regulations on entitlement to reimbursement of costs for election campaign apply accordingly to election of representatives to the House of Counties of the Croatian National Parliament.



ELECTION OF REPRESENTATIVES TO THE HOUSE REPRESENTATIVES OF THE CROATIAN NATIONAL PARLIAMENT

Article 38

140 representatives to the House of Representatives of the Croatian National Parliament are elected in such a way that the territory of the Republic of Croatia is divided into ten electoral precincts, and in each electoral precinct there are 14 candidates to be elected respectively, based on the lists.

Article 39

Electoral precincts are defined by the Law on electoral precincts for election of representatives to the House of Representatives of the Croatian National Parliament so that the difference in the number of voters in electoral precincts is not allowed to exceed + - 5 p.c.

In defining the electoral precincts the areas of counties, cities and municipalities defined by law have to be taken into account as much as possible.

Article 40

Number of representatives to be sleeted from each list of electoral precinct is defined as follows:

The total amount of valid votes which each list has been given (voters for the list) is divided by numbers from 1 to incl. 14. From all given results, the 14th result in a row is the common divisor by which the total amount of votes from each list (voters for the list) is divided. Each list will be given as many representative places as many times her total number of valid votes (voters) are contained in the common divisor. If the votes are divided in such a way that it is not possible which of two or more lists is to be given which representative seat, it will be given to the list with more votes.

Article 41

Lists that win at least 5 p.c. of valid votes are entitled to participate in the division of representative seats in the electoral precinct.

Article 42

From each list the candidates from ordinal number 1 until the ordinal number of representative seats gained by a list have been elected.

Deputies of candidates from each list of electoral precinct are the candidates, which have not been elected. . .

Article 43

Voters with no residence in the Republic of Croatia elect representatives based on lists with 14 candidates each in a special electoral precinct.

Article 44

Number of representatives elected by voters with no residence in the Republic of Croatia in a special electoral precinct is defined as follows:

Total number of valid votes from voters in ten electoral precincts in the Republic of Croatia is divided by 140 (total number of representatives elected in these electoral precincts). The number of valid votes in a special electoral precinct is divided by the obtained result (quotient). The obtained result is the number of representatives elected in a special electoral precinct. If the result is not a whole number it is rounded to a whole number from 0.5 upwards and less than 0.5 downwards.

Article 45

The total number of representatives elected by voters with no residence in the Republic of Croatia in a special electoral precinct defined under article 44 of this Law is divided among the lists nominated in that electoral precinct under article 40 to 42 of this Law.

Article 46

Members of national minorities under article 117 of this Law elect the representatives to the House of Representatives of the Croatian National Parliament in such a manner that the candidate given the largest number of votes by the voters is considered elected representative. In case that two or more candidates obtain equal number of votes, the voting is to be repeated.



ELECTION OF REPRESENTATIVES TO THE HOUSE OF COUNTIES OF THE CROATIAN NATIONAL PARLIAMENT

Article 47

Based on the county lists there are three representatives elected in each county and three in the city of Zagreb to the House of Counties of the Croatian National Parliament, so that the area of each county i.e. city of Zagreb makes one electoral precinct.

The president of the Republic can nominate up to five representatives out of citizens with meritorious services to the Republic of Croatia to the House of Counties of the Croatian National Parliament.

Article 48

Number of representatives to be elected from each county list is stated as follows:

Total number of valid votes given to each county list (electorate) is divided by numbers from 1 to including 3. From all given results the third result in a row is the common divisor by which the total amount of votes of each county list (electorate) is divided.

Each county list will be assigned as many representative seats as many times the total number of given valid votes (electorate) contains the common divisor. If the valid votes are divided in such a way that it cannot be stated which among two or more county lists is to be given representatives seat, it will go to the county list with more votes.

Article 49

All county lists that are given at least 5 p.c. of valid voters are entitled to participate in division of representative seats.

Article 50

From each county list the candidates are elected from ordinal number l, to the ordinal number of representative seats given to a county list.

Together with the representative from each county list a deputy is elected as well.



BODIES FOR IMPLEMENTATION OF ELECTION

OF REPRESENTATIVES TO THE HOUSE OF REPRESENTATIVES

AND HOUSE OF COUNTIES OF THE CROATIAN NATIONAL PARLIAMENT

Article 51

Bodies for implementation of election of representatives to the House of Representatives of the Croatian National Parliament are:

State Election Board, election boards of electoral precincts, municipal and town election boards and vote-counting committees.

Article 52

Bodies for implementation of election for representatives to the House of Counties of the Croatian National Parliament are:

State Election Board, county election boards i.e. election board of the City of Zagreb, town and municipal boards and vote-counting committees.



STATE ELECTION BOARD

Article 53

State election board has permanent and enlarged staff.

The permanent staff of the State election Board includes the chairman and four members and their deputies.

President of the Supreme Court of the Republic of Croatia is by position the chairman of the State election board.

Members of board, deputy chairman and deputy members on the permanent staff of State election board are nominated by the Constitutional Court of the Republic of Croatia from among the judges of the Supreme court of the Republic of Croatia and other prominent lawyers who cannot be members of any political party.

Article 54

The enlarged staff of the State electoral board is determined upon acceptation, confirmation and announcement of lists of electoral precincts.

Members of enlarged staff of State election board have all rights and duties as the permanent members of the State election board.

Article 55

Three representatives of majority political party i.e. coalition and three representatives nominated by agreement for the political parties in the opposition, i.e. coalition in accordance with party structure of the House for which the elections are called and their deputies constitute the enlarged staff of State election board.

If there is no agreement on three representatives of political parties which according to the party structure of the respective House of Parliament for which elections are called are considered to be in opposition, three members of enlarged staff and their deputies will be chosen by dice in front of the Constitutional court of the Republic of Croatia and this is to be done among the candidates and the deputies.

Article 56

State election board:

1. takes care of legal preparations/arrangements and carrying out of elections for both Houses of Parliament;

2. appoints members of election board in electoral precincts and county electoral boards;

3. states obligatory instructions for functioning of election boards and vote-counting committees;

4. designates polling places and appoints vote-counting committees in Croatian diplomatic and consular representative bodies of the Republic of Croatia;

5. proscribes forms in the procedure of preparation and carrying out of elections;

6. supervises the work of election boards in electoral precincts and county election boards,

7. based on valid nominations proclaims the lists of electoral precincts arid sets up collective lists for electoral precincts;

8. supervises regularity of election campaign;

9. proclaims election results for representatives to the House of Representatives and the House of Counties of the Croatian National Parliament;

10. provides permanent service with the task of competent and qualified information of voters and supplies answers concerning carrying out of voting and elections:

11. undertakes other activities defined by this Law.

Article 57

Obligatory instructions for work of election boards and vote-counting committees defined by State election board are published in the Official Gazette, on the Croatian Radio and Television and in all daily newspapers in the Republic of Croatia.



ELECTION BOARD OF ELECTORAL PRECINCT

Article 58

Electoral board of electoral precinct has permanent and enlarged staff the chairman and two members and their deputies constitute the permanent staff of tile election board of electoral precinct.

Chairman, members, deputy chairman and deputy members of permanent staff of election board of electoral precinct are appointed by State election board among judges and prominent lawyers.

Article 59

Enlarged staff of the election board of electoral precinct is established upon acceptance, statement and proclamation of party lists.

Members of enlarged staff of election board of electoral precinct have all rights and obligations of permanent members of election board of electoral precinct.

Article 60

Two representatives of majority political party i.e. coalition and two jointly nominated members of political parties in opposition i.e. coalition in compliance to party structure of the House of Parliament, for which the elections are called, and their deputies, constitute the enlarged staff of the election board of electoral precinct.

If not agreement on two representatives of political parties which are according to party structure of the House of Parliament for which the elections are called regarded as opposition, two members of enlarged staff and their deputies will be designated by dice in front of State: election board between candidates and deputies.

Article 61

Election board of electoral precinct:

l. takes care of legal carrying out of election on polling places in their area;

2. fixes polling places based on propositions made by municipal and town election boards; 3. appoints municipal and town election boards;

4. appoints and dissolves vote-counting committees;

5. in compliance with obligatory instructions of State election board undertakes all technical preparations for carrying out of elections in its area;

6. collects and adds polling results in polling places from municipal and town election boards and delivers them to the State election board;

7. undertakes other tasks defined by this Law.

Article 62

Provisions of article 61 of this Law apply accordingly to the election boards of electoral precincts in which representatives of members of autochthonous national minorities in the Republic of Croatia are elected.



COUNTY ELECTION BOARD

Article 63

County election board has permanent and enlarged staff.

Chairman and two members and their deputies constitute the permanent staff of the county election board.

Chairman, members, deputy chairman and deputy members on permanent staff of the county election board are appointed by State election board among judges and prominent lawyers.

Article 64

Enlarged staff of the county election board is established upon acceptance, statement and proclamation of party lists.

Members of enlarged staff of county election board have all rights and obligations of permanent members of county election board.

Article 65

Two representatives of majority political party i.e. coalition and two jointly nominated members of political parties in opposition i.e. coalition in compliance to party structure of the House of Parliament, for which the elections are called, and their deputies, constitute the enlarged staff of the county election board.

If not agreement on two representatives of political parties which are according to party structure of the House of Parliament for which the elections are called regarded as opposition, two members of enlarged staff and their deputies will be designated by dice in front of State election board between candidates and deputies.

Article 66

County election board:

1. takes care of legal preparation for election of representatives to the House of Counties of the Croatian National Parliament;

2. takes care of legal carrying out of election on polling places in the county;

3. fixes polling places based on propositions made by municipal and town election boards; 4. appoints vote-counting committees;

5. in compliance with obligational instructions of State election board undertakes all technical preparations to carry out elections in the county;

G. based on valid nomination proclaims county lists, put up and proclaims collective list of county lists;

7. supervises regularity of election campaign;

8. collects and adds polling results for elections of representatives to the House of Counties of the Croatian National Parliament in polling places in the county and delivers them to the State election board in the way and within time set by the said board;

9. undertakes other tasks defined by this Law.



MUNICIPAL AND TOWN ELECTION BOARDS

Article 67

Municipal and town election boards are appointed by election board of electoral precinct.

Composition and nomination of municipal and town election boards are governed by the same rules as composition and nomination of election boards of electoral precinct.

Article 68

Municipal and town election boards:

- propose to election board of electoral precinct designation of polling places within the municipal area i.e. town area;

- propose nomination of vote-counting committees within the municipal i.e. town area; - propose dissolution of vote-counting committees in cases provided for by this Law;

- collect data on elections and forward them to election boards of electoral precinct;

- perform other activities which election board of electoral precinct delegates to them out of their field of activities.

VOTE-COUNTING COMMITTEES

Article 69

Vote-counting committees out polling directly in polling planes and make provisions for regular and secret voting.

Chairman and four members and their deputies constitute a vote-counting committee. Two members and deputies are designated by majority political party or coalition and two members and their deputies by political parties in opposition or coalition in accordance with party structure of the House of Parliament for which the elections have been called.

Political parties are obliged to designate members of respective vote-counting committees and submit their names to the election boards in charge 8 days prior to election day for the representatives at the latest. If they do not designate the members i.e. if they do not submit their names to the election boards in charge, these election boards will independently designate members of vote-counting committees.

Chairman of vote-counting committee and his deputy are not allowed to members of any political party and if possible lawyers.

Vote-counting committees for all polling places are appointed, under provisions of paragraphs 3 and 4 of this article, by election boards in charge in compliance with provisions of this Law, five days prior to election day at the latest.

CARRYING OUT OF ELECTIONS

Article 70

Ten days prior to election day at the latest, State election board for polling places abroad, and election boards of electoral precincts, i.e. county election boards for the territory of the Republic of Croatia will proclaim which polling stations have been designated stating which voters are going to vote in the said polling places respectively.

Article 71

Minister of defence wit! designate polling places for voters who are doing service in the army forces of the Republic of Croatia.

Minister of Navy, Traffic and Connections will designate polling places for voter who as crew members on sea and river ships under Croatian banner happen to be outside the borders of the Republic of Croatia on election day.

Minister of Justice will designate polling places for voters in detention.

Article 72

When designating polling places the number of voters who are going to vote there has to be taken into account as well as accessibility and distance of the polling place.

Number of voters taking vote in a particular polling place will be stated in such a way that voting can be carried out without any difficulties during the time specified for voting.

Each polling place is designated a separate room for voting which has to be equipped rod arranged so that voting can be secret.

Each polling place has an ordinal number.

Article 73

Eight days prior to elections the body in charge will send to every voter a transcript of electoral vote entry concerning him.



VOTING AND STATING OF VOTING FIGURES

Article 74

Voting is done in person by voting slip.

No one can take vote on behalf of another person.

Voting slips are printed in the state printing mill designated and directly supervised by State election board.

Every voting slip has to have a serial number.

Article 75

Voting slip on which you vote for one of the lists of electoral precinct or county list contains:

1. name of list

2. name and surname of list bear;

3. serial number.

On voting slip the party lists are listed in that order in which they are listed on the collective list of the said lists. There has to be an ordinal number in front of the name of the list.

Article 76

The vote is taken only for lists of electoral precincts i.e. county lists stated in voting slip.

Voting slip is filled in such a way that you put a circle around the ordinal number of the name of the list of electoral precinct i.e. name of county list.

Article 77

Voting slip by which you vote in electoral precinct in which the representative of autochthonous national minority and his deputy are elected contains as follows:

1. name and surname of the candidate and his deputy;

2. full and abbreviated name of political party i.e. parties or party coalition which has nominated the candidate: If the candidate has been nominated by group of voters in compliance with provisions of this Law, it has to say "Independent candidate" by his name.

3. Serial number.

The candidates on the voting slip are stated in that order in which they are stated on the list of candidates for election of representatives of autochthonous national minority. Ordinal number is put in front of each candidate's name and surname.

You can vote only for candidates for election of representatives of autochthonous national minorities stated on the voting slip and it is done by putting a circle around the ordinal number in front of the candidate's name.

Article 78

Valid voting slip is the one where you can determine with no doubt the will of the voter and the fact for which list or candidate the voter voted.

Article 79

Invalid voting slip is:

1. voting slip not filled in

2. voting slip filled in such a way that you cannot determine with certainty the will of the voter and the fact which list or candidate he voted for.

3. voting slip on which the voter gave his vote to two or more lists i.e. candidates.

Article 80

Voting takes place continuously from seven a.m. until seven p.m.

In diplomatic and consular representative bodies the voting lasts for two days and is to be finished on the same day as voting in the Republic of Croatia.

Polling places are closed at seven p.m. but the voters who happen to be there at that time will be allowed to vote.

At least three members of vote-counting committee or their deputies have to be present at polling places at the time.

Article 81

Chairman of vote-counting committee is obliged to ensure peace and order at polling places during the voting time and upon closing down of polling places.

If considered necessary in order to establish peace and order and enable voters to vote without hindrance the chairman of vote-counting committee can ask police assistance who are obliged to act according to his instructions at the polling place and within their legal powers.

No one except for police officers on request of chairman of vote-counting committee is allowed to come to polling place in arms.

Article 82

Chairmen of vote-counting committee or a member authorised by him has to check for each voter who presents himself at the polling place if he is entered into the voting roll.

If voter has not been entered on the voting roll chairman of vote-counting committee will not allowed him to vote, except the voter proves his voting right at this polling place with a certificate issued by proper state authorities.

Article 83

Voter who cannot vote himself due to his physical defects or because he is illiterate, can come to polling place with another literate person who will by his authorisation and instruction put a circle around the ordinal number in from of the list's i.e. candidate's name the voter votes for.

Voters who cannot come to polling place will duly inform vote-counting committee about that. Chairman of vote-counting committee will appoint at least two members of vote-counting committee or deputies who will visit voters at their address and enable him to cast his vote, taking care that voting is done secretly.

Chairman of vote-counting committee is obliged to mention voting of voters with physical defect, illiterate voters and voting outside the polling place in accordance with prior notice of voters, stating their names in the minutes on work of vote-counting committee.

Article 84

When voting is completed, the voting committee will first count the unused voting slips and put them in a special envelope and seal it.

Afterward the vote-counting committee states based on the minutes the total number of voters who voted, according to voting roll i.e. transcript of voting roll.

Upon having stated the number of voters who cast their vote, NC vote-counting committee opens the ballot box and counts the votes.

Article 85

If it should be found out during counting of votes at the polling place that the number of votes as per voting roll is higher than number of votes based on voting slips, voting figures as per voting slips are considered as valid.

If during vote counting at polling place it should be stated that there is a lesser number of voters than votes in the ballot box, vote-counting committee will stop their work immediately and enclosing a report submit the materials to municipal i.e. town election board.

Municipal or town election board will immediately report on that to the election board of electoral precinct which will annul voting at that polling place, dissolve vote-counting committee and decide to repeat voting in that polling place within 8 days.

Article 86

When vote-counting committee states voting figures in polling place the following will be entered into the minutes on committee work:

- number of voters according to transcript of voting roll,

- number of voters who voted based on transcript of voting roll and number of voters who voted based on certificate issued by proper state authorities and total number of voters,

- voting figures for each list i.e. each candidate for election of representatives of autochthonous national minorities,

- how many voting slips are declared invalid.

Minutes on work of vote-counting committee are to contain all other data relevant for voting procedure.

Every member of vote-counting committee is entitled to produce written comments to the minutes.

Minutes are to be signed by all members of vote-counting committee and their deputies.

Each member of vote-counting committee and each deputy is entitled to a copy or transcript of minutes on work of vote-counting committee, which is verified by all members of vote-counting committee who sign it.

Article 87

Vote-counting committee submits the minutes on their work together with other electoral material to municipal or town election board i.e. county election board, within 12 hours from closing down of polling places at the latest.

Vote-counting committee at Croatian diplomatic and consular representative body submits minutes on their work with other electoral material directly to State election board within 48 hours of closing down of polling places.

Article 88

Municipal i.e. town election board has to entered in the minutes on their work as follows:

1 . number of voters registered on the transcript of voting roll in their area,

2. number of voters who voted and number of voting slips considered invalid,

3. voting figures for each list.

Municipal i.e. town election board have to submit minutes on their work with other electoral material to election board of electoral precinct within 18 hours from closing down of polling places at the latest.

Article 89

Election board of electoral precinct enters into the minutes on their work as follows:

1. number of voters registered on the transcript of voting roll in their area,

2. number of voters who voted and number of voting slips considered invalid,

3. voting figures for each list, and names and surnames of candidates from each list who have been elected representatives.

Each member of election board of electoral precinct is entitled to make written cogent to the minutes. All members of election board of electoral precinct sign minutes.

Election board of electoral precinct will sum up all voting figures from polling places in their area within 24 hours from closing down of polling places at the latest.

Election board of electoral precinct will submit voting figures from their area to State election board together with minutes on their work in mode and within period stated by the latter.

Article 90

County election board will enter into their minutes as follows:

1 . number of voters registered on the transcript of voting roll in their area,

2. number of voters who voted and number of voting slips considered invalid,

3. voting figures for each county list,

4. number of representative posts obtained by each county list and name and surname of candidates from each county list who are elected representatives as well as name and surname of their deputies.

Each member of county election board can make written comments to minutes. Minutes are signed by all members of election board.

County election boards will sum up all voting figures from polling places in their area within 24 hours from closing down of polling places at the latest.

County election boards will submit voting figures from their area to State election board together with minutes on their work in mode and within period stated by the latter.

Article 91

State election board states voting figures for representatives to the House of rues and House of Counties of the Croatian National Parliament.

Article 92

When State election board states voting figures for representatives it will proclaim without, delay:

1 . number of voters entered into voting rolls, number of voters who voted in each electoral precinct, voting figures for each list in the electoral precinct i.e. for county lists and number of invalid voting slips,

2. number of representative seats won by each list, and names and surname of candidates that are elected representatives,

3. number of representative seats won by county list in each county, and name and surname of candidates from given county list who are elected representatives in their county and name and surname of their deputies,

4. name and surname of candidates and their deputies who were elected in each electoral precinct where a representative of autochthonous national minorities and his deputy were elected.

Article 93

State election board can announce preliminary number of voters who participated in elections.

Article 94

State election board can announce preliminary and unofficial voting figures of elections after closing down of polling places if it chooses so.

Official figures will be announced after all legal means in protection of voters' rights are exhausted or all terms for their submission expire.

ELECTION EXPENSES

Article 95

Funds to cover election costs are provided for in the budget of the Republic of Croatia and are at deposal of State election board.

State election board decides ways of spending the funds, supervised the ways of spending and allocates funds to election boards of electoral precincts and county election boards.

State election board will announce in public media the entire report on amount of election expenses and ways of implementation within 30 days from announcing official voting figures.

PROTECTION OF ELECTORAL RIGHTS

Article 96

Constitutionality and lawfulness of elections are supervised by Constitutional Court of the Republic of Croatia.

Constitutional Court of the Republic of Croatia rules in electoral litigation in compliance with provisions of this Law.

Article 97

Claims concerning irregularities in nomination procedure or election procedure can be submitted by each political party which proposed a list in electoral precinct or a county list, bearer of an independent list, as well as candidates for representatives of autochthonous national minorities.

If a list of electoral precinct, county list or a candidate for representative of autochthonous national minorities was proposed by several political parties, the claim will be considered legal even if submitted by one political party only.

Article 98

Claims concerning irregularities in nomination procedure or election procedure are to be submitted to State election board within 48 hours counting from the clay after the day that the activity being the object of the claim was executed.

State election board is obliged to decide on the claim submitted within 48 hours from the day the claim was received i.e. from the day that electoral materials being the object of the claim were submitted.

Article 99

If State election board deciding on the claim should find out that there were irregularities that were of substantial influence or possible substantial influence on voting figures, these activities will be annulled and the Board will decide that within given period of time, making elections possible on the day they were originally called for, these activities have to be repeated.

If there is no possibility to repeat the annulled activities or if irregularities concern the voting procedure and have substantially influenced, or could have substantially influenced the voting figures, State election board will annul the election and set a term within the election is to be repeated.

Article 100

Against decision of State election board the complainant has right to appeal to Constitutional Court of the Republic of Croatia.

Appeals to Constitutional Court of the Republic of Croatia are submitted through State election board within 48 hours counting from the day after the contested decision has been received.

Article 101

A claim submitted or an appeal in a procedure of protection of electoral rights do not postpone carrying out of electoral activities prescribed by this Law.

Article 102

Petitions and decisions in the procedure are free of administrative few under provisions of this Law.

BOARD OF ETHICS

Article 103

Board of Ethics is a supra-party body of generally acknowledged public reputation, which by its communications and warnings influences promotion and fulfilment of democratic principles in the elections.

Board of Ethics evaluates the behaviour of election participants during election campaign axed election procedure itself and is a non-administrative supervisor of election campaign.

Article 104

Board of Ethics is presided over by a chairman and has six members out of whom three are nominated by major and oppositional political parties in compliance with party structure of the House of Parliament for which the elections have been balled.

Members of board are nominated by Constitutional Court of the Republic of Croatia based on nomination from parliamentary parties, among eminent public personalities who are not candidates in the elections and are not members of any political party.

Article 105

President of the Croatian Academy of Arts and Sciences is by position /ex officio chairman of the Board of Ethics.

Article 106

After the decision on calling the elections has been announced and prior to beginning of election campaign, Board of Ethics will issue Election Code of Ethics containing rules on behaviour of individuals and political parties in the election campaign and procedure. Prior to issue of Election Code of Ethics the Board of Ethics will call upon parliamentary political parties for comment.

MONITORING OF ELECTIONS BY NON-GOVERNMENT ASSOCIATIONS

Article 107

Non-government associations are entitled to monitor election procedure and especially carrying out of elections and work of election boards and vote-counting committees on all levels.

Interested associations from paragraph lot this article have to apply with State election Board permission to monitor the work of election boards and vote-counting committees within eight days from the day that the election have been called.

State election board will issue permission to monitor election procedure to all associations registered as associations acting in independent monitoring of election activities and/or promotion of human and civil rights.

Non-government associations authorised by delivered decision under provisions of paragraph 3 of this article arc obliged to submit to State election board a list of their authorised monitors eight days prior to election day at the latest. State election board will prepare accreditation cards for each authorised monitor and deliver them to seat of non-government associations respectively 3 days prior to election day at the latest.

Upon presentation of decision issued by State election board and decision of non-government association on nomination of monitors from paragraph 4 of this article, authorised monitors will be afforded access to all election materials and monitoring of entire election procedure.

INTERIM AND FINAL PROVISIONS

Article 108

The day this Law comes into force the Law on election of representatives to the Parliament of the Republic of Croatia (Official Gazette No. 2/92, t/93, 30/93 - purged text, 11/94, 68/95 and 108/96) becomes annulled.

Article 109

This Law comes into force on toe eighth day from the day of publication in the Official Gazette.

Class: O15-O1/99-03/0l

Zagreb, October 29th, 1999-11-17

HOUSE OF REPRESENTATIVES OF THE CROATIAN NATIONAL PARLIAMENT