The parliamentary majority has been blocking the filling of the SEC for a year, opening up space for non-recognition of election results

POBJEDA
The General Secretary of the Democratic Party of Socialists (DPS) Aleksandar Bogdanović wrote to ODIHR pointing out that the parliamentary majority has been blocking the filling of the State Election Commission (SEC) for a year, which opens up space for non-recognition of election results.

We transmit his letter in its entirety:

Ambassador Dominique Waag, Head of the OSCE Mission in Montenegro

Mr. Pietro Tesfamariam, ODIHR

Dear All,

Bearing in mind your active role and importance in monitoring the electoral process in Montenegro, all-round cooperation with the State Electoral Commission, as well as multiple contributions to the construction of electoral legislation in Montenegro, we are addressing you regarding the problem of several months of obstructing the election of members, the new composition of the State Electoral Commission in the Parliament of Montenegro.

As you know, the State Election Commission is the umbrella body for conducting elections in Montenegro, and the legitimacy of its composition is crucial for the election process, both at the state and local levels. It is a well-known fact that the electoral process and the role of electoral bodies are prescribed by the provisions of the Law on the Election of Councilors and Members of Parliament. Thus, the result of the election is read in the "new convocation" - the composition of the Parliament of Montenegro, and at the constitutive session of the Assembly, along with the legal obligation of the State Election Commission to confirm the mandate of the deputies, the new convocation of the Assembly is determined.

We emphasize that the legal obligation of the Assembly, in accordance with Art. 19 and 30 of the Law on the Election of Councilors and Members of Parliament, to elect a new convocation of the State Election Commission, which will also correspond to the new convocation of the Province.

The provisions of Article 30 of the Law on the Election of Councilors and Members of Parliament very precisely and unequivocally prescribe the structure of the State Election Commission, which, in accordance with the above, consists of the president and ten permanent members, as well as authorized representatives of the electoral list submitters. Four members of the permanent composition of the State Election Commission are appointed on the proposal of the parliamentary majority, while four members, one of whom is the secretary, are appointed on the proposal of the parliamentary opposition...

Contrary to this legal solution, the current composition of the State Election Commission, among others, consists of members of political entities that do not have parliamentary status, as well as members of political entities that cannot be represented in the State Election Commission in accordance with the number of mandates won in the Parliament of Montenegro. The fact is that this composition of the State Election Commission corresponds to the former convocation of the Assembly from 2020, as well as the number of mandates won by political entities in it. It is also clear that, apart from the illegitimacy of the composition, it can be seen that even the representatives of the ruling majority from the ranks of the Europe Now Movement do not have a single

representative in the State Election Commission. From all of the above, it is unequivocally concluded that to this day the State Election Commission functions in a composition that corresponds to the former convocation of the Assembly.

The question is legitimately raised, bearing in mind the aforementioned provisions of the Law, whether it is legitimate that, if the SEC members were not elected on the basis of the results of the parliamentary elections, such an "umbrella body for the implementation of elections" can give opinions to all bodies for the implementation of elections, organize elections, make decisions based on objections decided by the Constitutional Court, both in parliamentary and local elections. Of course not, because its structure does not correspond to the structure of the parliament and is directly contrary to Article 30 of the Law on the Election of Councilors and Members of Parliament. The consequence of this illegitimacy of the composition of the State Election Commission is the illegitimacy of the decisions made in it.

We are of the opinion that due to the clear determination of the legislator expressed in Article 30 of the Law on the Election of Councilors and Members of Parliament regarding the composition of the State Election Commission, the provision of Article 19 of the same law should be interpreted in the context of the spirit of the entire law, and not separately and alienated from other provisions: "Election commissions are appointed after the constitution of the newly elected Assembly, for a period of 4 years, and electoral committees are appointed for each election of councillors, i.e. deputies." after the constitution of the newly elected Assembly.

In connection with the above, several times the Democratic Party of Socialists attended the postponement of the election of the new convocation of the State Election Commission at the administrative committee of the Parliament of Montenegro. There is no legal and essential reason for postponing and not solving this issue. The excuse in the sense of the absence of proposals for deputy members of the State Election Commission from certain political subjects of the ruling majority cannot be taken as relevant and well-founded. This is best illustrated by the fact that the Democratic Party of Socialists has not had deputies for individual members of the State Election Commission for many years. In the current work practice of the Parliament of Montenegro, it is not known that there could have been a relevant reason for postponing the election of the new composition of the State Election Commission.

If we take into account the fact that the elections in the Municipality of Šavnik cannot be completed for a long period of time, all thanks to the actions of the members of the Municipal Election Commission from the ruling majority, for those who know how to read the electoral legislation, the current illegitimate structure of the State Election Commission can be used for very complex and subtle actions of certain political entities represented in the parliamentary majority. In the sense of the above, the provisions of the Law on the Election of Councilors and Members of Parliament cannot be ignored, that the State Election Commission decides upon the objections of political entities dissatisfied with the decisions of the Municipal Election Commissions. Emphasizing objections to the illegitimacy of the composition of the State Election Commission will, without a doubt, open the possibility of obstructing the announcement of the final election results in the municipalities where the elections are held.

In connection with the above, we ask that this important topic for the overall legitimacy of elections in Montenegro find space in your agenda and that in terms of solving the above-mentioned problem, give your contribution so that the composition of the State Election Commission is chosen as soon as possible and harmonized with the electoral legislation of Montenegro.

With respect,

Aleksandar Bogdanović, General Secretary of DPS