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October 11, 2008

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LAW ON ALTERATIONS AND AMENDMENTS OF THE LAW ON ELECTION OF THE PRESIDENT OF THE REPUBLIC

“Official Gazette of the Republic of Serbia”, No. 73/02

Article 1

In the Law on Election of the President of the Republic (“Official Gazette of the Republic of Serbia”, No. 1/90 and 79/92), following the Article 4, a new Article 4.a is added, reading:

“Article 4.a

The period between the day of calling the elections and the day of holding the elections for the President of the Republic shall not be lesser than 30 days nor greater than 90 days.”

Article 2

Article 5 is altered and reads:

«The bodies for conducting the process of election or recall of the President of the Republic are: Republican Electoral Commission, Voting Boards and Electoral Commissions of the Units of Local Self-government.

The Electoral Commission of the Unit of Local Self-government:

1. Organises technical preparations for conducting the elections;

2. Forms the Voting Boards and appoints Presidents and members of the Voting Boards;

3. Takes over the electoral materials from the Republican Electoral Commission and forwards them on the record, together with the certified excerpts from the Voters Register, to the Voting Boards;

4. Takes over the electoral materials from the Voting Boards and forwards them on the record, together with the certified excerpts from the Voters Register, to the Republican Electoral Commission.”

Article 3

Following the Article 5.g, three new articles are added, reading:

«Article 5.h

Results of the elections for the President of the Republic shall be pronounced by the Republican Electoral Commission within the term of 96 hours following the time of completion of voting.

During the period between opening and closing of the polling stations, the Republican Electoral Commission publishes the data related to the course of elections provided by the republican organisation competent for statistical affairs or other bodies conducting the elections.

From the completion of voting until the pronouncement of the elections results, the Republican Electoral Commission announces preliminary data on the elections results based upon reports received from the republican organisation competent for statistical affairs.

Article 5.i

The elected President of the Republic shall be the candidate who wins a majority of votes of voters who voted, if at least one half of the total number of voters entered into the Voters Register in the Republic of Serbia have turned out in the elections.

The number of voters who voted shall be established on the basis of the number of ballot papers present in the ballot box.

If at least one half of the total number of voters entered into the Voters Register in the Republic of Serbia turn out in the elections and none of the candidates wins the required number of votes, the voting shall be repeated within the term of 15 days following the day of preceding voting.

The two candidates winning the greatest number of votes, or more candidates winning the equal and, at the same time, greatest number of votes, shall participate in the second voting round.

In the repeated voting for the President of the Republic the candidate elected shall be the one who wins the greatest number of votes, irrespective of the number of voters who voted.

Article 5.j

If less than one half of the total number of voters entered into the Voters Register in the Republic of Serbia turn out in the first electoral round, irrespective of the number of votes won by particular candidate, the elections shall be deemed unsuccessful.

Between the two voting rounds, the inscription into the excerpt from the Voters Register shall be made by the Republican Electoral Commission on the basis of decisions submitted by the Municipal Courts not later than 72 hours prior to the day of repeated voting.

The President of the National Assembly of the Republic of Serbia shall, within the term of 60 days following the day of holding the unsuccessful elections, decide about calling the new elections for the President of the Republic.”

Article 4

Articles 6 to 9 have been stricken out.

Article 5

Following the Article 13, a new Article 13.a is added, reading:

«Article 13.a

Financing of electoral campaigns of the candidates for the President of the Republic shall be provided from the funds equivalent to the amount of 1,000 average net monthly salaries paid in the economy of the Republic of Serbia in the month preceding the month in which the elections were called, for which the official data have been published.

In case of unsuccessful elections, in the repeated electoral process for the President of the Republic, financing of electoral campaigns of the candidates for the President of the Republic shall be provided from the funds equivalent to the amount of 500 average net monthly salaries paid in the economy of the Republic of Serbia in the month preceding the month in which the elections were called, for which the official data had been published.

The funds from Para 1 and Para 2 of this Article shell be distributed proportionally to the number of candidates for the President of the Republic.»

Article 6

This Law comes into effect on the day of its publication in the “Official Gazette of the Republic of Serbia”.

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LAWS REPUBLIC OF SERBIA

Constitution of the Republic of Serbia

Law on Election of Deputies

Rules of Procedure of the National Assembly of the Republic of Serbia

Law on Election of the President of the Republic

Law on Alterations and Amendments of the Law on Election of the President of the Republic

Law on Local Elections

Law on Financing of Political Parties

Law on Election of Deputies in the Parliament of Serbia and Montenegro

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