Law on Direct Elections of
Municipal Mayor
in the Federation of Bosnia and Herzegovina
Article 1
This law defines the election, that is, the
recall of the municipal mayor in the Federation of Bosnia and Herzegovina
(hereinafter referred to as: municipal mayor).
Article 2
The municipal mayor is voted through direct
elections whose voters are registered to vote in the Federation
of Bosnia and Herzegovina (hereinafter referred to as: the Federation)
for a municipality where election of municipal mayor is taking place.
Article 3
A mandate of the municipal mayor is four years.
Article 4
Every candidate running for the municipal mayor
in a municipality where election of municipal mayor is taking place
is found on the same list of candidates.
The list of candidates from the previous paragraph consists of the
names of all candidates running for the municipal mayor.
Candidacy and its order on the list are reinforced and regulated
with the Election Law of Bosnia and Herzegovina.
Article 5
A ballot for municipal mayor is a preferential
ballot.
Voter enters his voice by writing in a number one on the ballot
next to the name of the candidate that he is voting for, as his
first pick for a municipal mayor. Insofar as a voter desires to
make other preferences, then they write the following numbers 2,
3, 4 next to the other candidates, so that the written numbers show
the sequence of voter's preferences for the other candidates.
The largest number of preferences that a voter can mark equals the
number of candidates running for the municipal mayor on the ballot.
The ballot is considered valid even if the voter marked a number
of preferences smaller than the number of candidates on the ballot.
In case that a voter writes in a checkmark next to the name instead
of a number, it will be noted as if the voter had written a number
1. under the condition that he or she did not write number 1 or
did not write another checkmark next to the name of another candidate.
Article 6
For the municipal mayor, a candidate will be
chosen who obtains at least 50% plus one vote of first preferences,
out of all ballots.
Article 7
If there is no winner after counting the first
preferences, two candidates with the highest number of first preferences
enter a narrower election.
In case there are more candidates who obtained the same and the
largest number of preferences, candidates will be eliminated with
the drawing of names.
Votes of the eliminated candidates are carried over to the remaining
two candidates on the basis of other stated that is, the following
preferences on the ballots of all eliminated candidates.
Ballots without secondary preferences are not considered in the
second round of counting.
If after the preferences are carried over, either one of the two
remaining candidates obtains at least 50% plus one vote recounted
in the second round or if necessary in every following rounds of
counting, that candidate will be chosen for the municipal mayor.
Procedure and manner of implementation of drawing a name stated
in paragraph 2. of this Article, is reinforced by the Election Commission
of Bosnia and Herzegovina.
Article 8
If the voter who gave his first preference to
the eliminated candidate and gave a secondary preference to another
eliminated candidate, the second voter's preferences will not be
taken into a count, and the third or if necessary the following
preference will be carried over to the one of the two candidates
in Article 7. Paragraph 1. of this Law.
Article 9
In so far as that the remaining two candidates
obtain an equal number of votes, the winner is the candidate who
obtained the largest number of first preferences in the first round
of counting.
In so far as candidates have an equal number of first preferences,
the winning candidate is the one that has the largest number of
following preferences in the preceding round of counting. In so
far as the candidates still have the same number of votes even after
the recount the following preferences, the winning candidate will
be determined on the basis of drawing out a name.
Article 10
The initiative along with an explanation of
a procedure of withdrawal of the municipal mayor can be set by a
municipal council through a 1/3 of councilors of municipal council
or 10% of registered voters in the region of the municipality.
The municipal council is bound to put all the initiatives for setting
in the motion the procedure to withdraw the municipal mayor from
paragraph 1. stated in this article on the agenda on the first upcoming
assembly of municipal council.
Decision of setting in the motion a procedure to withdraw a municipal
mayor is brought with the majority of votes from the majority of
councilors in the municipal council. In the case of acceptance of
the initiative, the municipal council is bound to decide in the
matter of the procedure to withdraw a municipal mayor during the
time limit of 30 days.
If the municipal council provides a decision of accepting the initiative
for the procedure to withdrawal of municipal mayor, the procedure
of withdrawal in which citizens decide through direct and secret
election will be implemented. The mandate of the municipal mayor
stops in so far as by more than 50 % of citizens who voted decides
to withdraw the municipal mayor.
The citizens' decision is obligatory for the municipal council and
the municipal mayor.
After the voting of withdrawal, new election for the municipal mayor
will be announced within 60 days.
Article 11
In case of prevention in performing his duty,
the municipal mayor will be temporarily replaced by a chairman of
municipal council who is elected by the majority of votes coming
from the municipal council.
Article 12
For all the questions pertaining to conducting
elections and withdrawing of municipal mayors in the Federation,
which are not explicitly put together with this Law, the order of
the Election Law of Bosnia and Herzegovina will be applied.
Article
13
This Law enters into
force on the day of its adoption, and it will be published in the
„Official Gazzette of the Federation of Bosnia and Herzegovina“.
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Constitutional Changes - Amendment
CIV to the
Constitution of the Federation of Bosnia and Herzegovina
Article VI.3. changes and follows as:
1. A municipality has a municipal council and a municipal mayor.
2. Members' mandate in the municipal council and that of a municipal
mayor is of four years.
3. The Municipal councilors and the municipal mayor are voted in
through the democratic process, where voters vote through direct
and secret elections in the entire region of municipality in a manner
reinforced with the law.
4. Every voter, according to law, can be voted a municipal councilor
or a municipal mayor.
5. The municipal mayor and the chairman of the municipal council
in municipalities or municipal council multinational structure cannot
be from the same constituent people, that is, from others, with
exception in those municipalities where one constituent people consists
of more than 80% residents, according to the last census in Bosnia
and Herzegovina.
In clause VI.4. former point „b“ is erased,
and points „c)“ and „d)“ turn into points „b)“ and „c)“.
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