State Election Commission

Montenegro, Law on Election of Councillors and Members of Parliament (1998, amended 2016), accessed 17 August 2020

Article 23. Election commissions shall be: municipal commissions, Administrative Capital's election commission, Historic Royal Capital's election commission (hereinafter referred to as the municipal election commission) and the State Election Commission.

Montenegro, Law on Election of Councillors and Members of Parliament (1998, amended 2016), accessed 17 August 2020

Article 30. The State Election Commission shall be composed of: the chairperson and ten permanent members and one empowered representative of each candidate list submitting entity. [...]

Article 31. On the date of issuing the decision publishing a candidate list, the State Election Commission shall issue a conclusion determining which candidate list submitting entity meets the requirements for nominating its representatives to the extended composition of this body.

The State Election Commission shall submit the conclusion on fulfilment/non-fulfilment of requirements by the submitting entities for nominating their representatives to the extended composition to the candidate list submitting entities within 24 of such conclusion's issuance.

The candidate list submitting entity shall appoint his empowered representative to the extended

State Election Commission composition and shall notify the State Election Commission thereon, which shall, at the latest 24 hours of the delivery of notification, issue a conclusion determining by name each of the persons that are to become its members.

Empowered representatives shall participate in work and render valid decisions 20 days prior to the election day. The term of office of empowered representatives in the State Election Commission shall terminate on the day when final election results are ascertained.

In addition to 11 permanent members, the Commission has empowered members from each candidate list submitting entity (see Articles 30-31). However, these empowered members are appointed only for the elections period: from 20 days prior to elections till the day when the results will be established.  

Montenegro, Law on Election of Councillors and Members of Parliament (1998, amended 2016), accessed 17 August 2020

Article 19. Election commissions shall be appointed after the inauguration of the newly elected assembly for a four year period, while polling boards shall be appointed for each election of councillors or members of parliament.

Montenegro, Law on Election of Councillors and Members of Parliament (1998, amended 2016), accessed 17 August 2020

Article 30. The State Election Commission shall be composed of: the chairperson and ten permanent members and one empowered representative of each candidate list submitting entity.

The State Election Commission chairperson shall be appointed by the Parliament, at the proposal of Parliamentary working body in charge of elections and appointments, after a previously conducted open competition.

Four members of the permanent State Election Commission composition shall be appointed at the proposal of the parliamentary majority.

Four members of the permanent State Election Commission composition, one of whom shall perform the office of a secretary, shall be appointed at the proposal of parliamentary opposition.

One representative of a political party or candidate list submitting entity for authentic representation of members of national minorities or minority ethnic communities which received the highest number of votes in previous elections shall also be appointed member of the permanent State Election Commission, while his deputy should be a member of another national minority or minority ethnic community.

One member of the permanent State Election Commission composition who is familiar with electoral legislation shall be appointed by the Parliament from among the representatives of civil society, non-governmental sector and university, at the proposal of the Parliamentary working body competent for appointments and elections, after a previously conducted open competition.

Persons who performed the office of a political party body member during the previous 10 years may not be appointed member of the permanent State Election Commission composition referred to in para. 6 of this Article.

Persons who published scientific papers and professional treatises on the topic of the election process, who are distinguished by the public as experts in that field and who took part in national or international monitoring of the election process shall be appointed members of the permanent State Election Commission composition referred to in para. 6 of this Article.

When endorsing proposals, the Parliamentary working body competent for elections and appointments shall also take into consideration recommendations of organisations which were involved in drafting electoral legislation and monitoring election processes over the past five years.

Representatives of candidate lists shall be appointed members of the permanent composition at the proposal of the parliamentary majority or opposition in proportion to the number of seats won in previous elections, and where the number of seats is the same, they shall be appointed from the candidate list which received the highest number of votes in previous elections.

If there is only one candidate list which constitutes parliamentary majority in the Parliament, or one opposition candidate list, all four members shall be appointed to the permanent State Election Commission composition at the proposal of that candidate list.

Deputies shall be appointed for members of the permanent State Election Commission composition who are appointed at the proposal of parliamentary majority or parliamentary opposition.

In the case of State Election Commission chairperson's inability to work, he shall be replaced by the member of the permanent State Election Commission composition designated by him.

Empowered representative of the candidate list submitting entity may have a deputy.

Members of the State Election Commission, as well as empowered representatives of candidate list submitting entities, in the case of their absence or inability to work, shall be replaced by their deputies who shall perform State Election Commission activities and tasks.

Members of the State Election Commission, their deputies and empowered representatives of candidate list submitting entities shall be appointed from among lawyers.

The State Election Commission chairperson shall be a lawyer and have at least 10 years of working experience in that line of work and he may not have been a member of a political party managing body during the last three years.

Article 31. On the date of issuing the decision publishing a candidate list, the State Election Commission shall issue a conclusion determining which candidate list submitting entity meets the requirements for nominating its representatives to the extended composition of this body.

The State Election Commission shall submit the conclusion on fulfilment/non-fulfilment of requirements by the submitting entities for nominating their representatives to the extended composition to the candidate list submitting entities within 24 of such conclusion's issuance.

The candidate list submitting entity shall appoint his empowered representative to the extended

State Election Commission composition and shall notify the State Election Commission thereon, which shall, at the latest 24 hours of the delivery of notification, issue a conclusion determining by name each of the persons that are to become its members.

Empowered representatives shall participate in work and render valid decisions 20 days prior to the election day. The term of office of empowered representatives in the State Election Commission shall terminate on the day when final election results are ascertained.

Montenegro, Law on Election of Councillors and Members of Parliament (1998, amended 2016), accessed 17 August 2020

Article 30. [...] The State Election Commission chairperson shall be appointed by the Parliament, at the proposal of Parliamentary working body in charge of elections and appointments, after a previously conducted open competition. [...]

Montenegro, Law on Election of Councillors and Members of Parliament (1998, amended 2016), accessed 17 August 2020

Article 30. The State Election Commission shall be composed of: the chairperson and ten permanent members and one empowered representative of each candidate list submitting entity.

The State Election Commission chairperson shall be appointed by the Parliament, at the proposal of Parliamentary working body in charge of elections and appointments, after a previously conducted open competition.

Four members of the permanent State Election Commission composition shall be appointed at the proposal of the parliamentary majority.

Four members of the permanent State Election Commission composition, one of whom shall perform the office of a secretary, shall be appointed at the proposal of parliamentary opposition.

One representative of a political party or candidate list submitting entity for authentic representation of members of national minorities or minority ethnic communities which received the highest number of votes in previous elections shall also be appointed member of the permanent State Election Commission, while his deputy should be a member of another national minority or minority ethnic community.

One member of the permanent State Election Commission composition who is familiar with electoral legislation shall be appointed by the Parliament from among the representatives of civil society, non-governmental sector and university, at the proposal of the Parliamentary working body competent for appointments and elections, after a previously conducted open competition.

Persons who performed the office of a political party body member during the previous 10 years may not be appointed member of the permanent State Election Commission composition referred to in para. 6 of this Article.

Persons who published scientific papers and professional treatises on the topic of the election process, who are distinguished by the public as experts in that field and who took part in national or international monitoring of the election process shall be appointed members of the permanent State Election Commission composition referred to in para. 6 of this Article.

When endorsing proposals, the Parliamentary working body competent for elections and appointments shall also take into consideration recommendations of organisations which were involved in drafting electoral legislation and monitoring election processes over the past five years.

Representatives of candidate lists shall be appointed members of the permanent composition at the proposal of the parliamentary majority or opposition in proportion to the number of seats won in previous elections, and where the number of seats is the same, they shall be appointed from the candidate list which received the highest number of votes in previous elections.

If there is only one candidate list which constitutes parliamentary majority in the Parliament, or one opposition candidate list, all four members shall be appointed to the permanent State Election Commission composition at the proposal of that candidate list.

Deputies shall be appointed for members of the permanent State Election Commission composition who are appointed at the proposal of parliamentary majority or parliamentary opposition.

In the case of State Election Commission chairperson's inability to work, he shall be replaced by the member of the permanent State Election Commission composition designated by him.

Empowered representative of the candidate list submitting entity may have a deputy.

Members of the State Election Commission, as well as empowered representatives of candidate list submitting entities, in the case of their absence or inability to work, shall be replaced by their deputies who shall perform State Election Commission activities and tasks.

Members of the State Election Commission, their deputies and empowered representatives of candidate list submitting entities shall be appointed from among lawyers.

The State Election Commission chairperson shall be a lawyer and have at least 10 years of working experience in that line of work and he may not have been a member of a political party managing body during the last three years.

Article 31. On the date of issuing the decision publishing a candidate list, the State Election Commission shall issue a conclusion determining which candidate list submitting entity meets the requirements for nominating its representatives to the extended composition of this body.

The State Election Commission shall submit the conclusion on fulfilment/non-fulfilment of requirements by the submitting entities for nominating their representatives to the extended composition to the candidate list submitting entities within 24 of such conclusion's issuance.

The candidate list submitting entity shall appoint his empowered representative to the extended

State Election Commission composition and shall notify the State Election Commission thereon, which shall, at the latest 24 hours of the delivery of notification, issue a conclusion determining by name each of the persons that are to become its members.

Empowered representatives shall participate in work and render valid decisions 20 days prior to the election day. The term of office of empowered representatives in the State Election Commission shall terminate on the day when final election results are ascertained.