ELECTORAL CODE OSCE UNOFFICIAL TRANSLATION of the ELECTORAL CODE published in the Official Gazette 40/2006 Amendments published in the Official Gazette 136/2008, 44/2011 and 51/2011 Corrigenda published in the Official Gazette 148/2008, 155/2008 and 163/2008 1 I. BASIC PROVISIONS Article 1 This Code shall regulate the manner, conditions and procedure for election of the President of the Republic of Macedonia (hereinafter: "President of the Republic"), election of Members of the Parliament of the Republic of Macedonia (hereinafter: "Members of Parliament"), election of the Members of Council of units of Local Self-Government and the Council of the City of Skopje (hereinafter: "Members of Council"), and election of the Mayors of municipalities and Mayor of the City of Skopje (hereinafter: "Mayor"), the manner and the procedure of registering the right to vote, maintaining of the Voters List, determining of the boundaries of the electoral districts and determining, changing and publishing the polling stations as well as the conditions for functioning of the polling stations. 1. List of terms Article 2 Specific terms used in this Code shall have the following meaning: 1. Every citizen of the Republic of Macedonia who is at least 18 years of age and is able-bodied shall have the “Right to vote”; 2. The “Voters List” is public document in which all the citizens with a right to vote are registered; 3. “Election management bodies” are the bodies in charge of administering the elections determined in this Code; 4. “Member of an election management body” is the president, the members, and their deputies; they compose the election management bodies and administer electoral actions; 5. “List submitters” are registered political parties or coalitions of political parties registered in the State Election Commission, group of voters and Members of Parliament; 6. “Candidate” is a citizen of the Republic of Macedonia confirmed by the competent election commission in accordance with this code, for whom votes will be cast in the elections; 2 7. “Independent candidate” is a candidate for election of President of the Republic, Member of Parliament, Mayor or Member of Council supported by a “group of voters”; 8. “Political party” is political party registered in accordance with the Law; 9. “Ruling Parties” are political parties in power that won the largest number of votes in the last election for Members of Parliament; 10. “Opposition parties” is composed of the political parties in opposition that won the largest number of votes in the last election for Members of Parliament; 11. “Authorised representative” is a person authorised by one of the registered candidates, political party, or coalition to represent their interests before the election management bodies; 12. “Coalition” is an association based on a statement for joint participation in the elections by, expressed by two or more registered political parties; 13. “Election campaign” is public presentation of the candidates, confirmed by the authorised Election Management Bodies, and their programmes in the pre- election period of the respective election process; 14. “Organiser of an election campaign” is a person who is authorised by a political party, coalition or a group of voters that organise the election campaign; 15. “Observers” are representatives of domestic or foreign registered associations of citizens authorised by the State Election Commission to observe the elections; 16. “Diplomatic – consular offices of the Republic of Macedonia” are the representations of the Republic of Macedonia in other states and international organizations that perform tasks assigned by law; 17. “Citizens of the Republic of Macedonia who are temporarily employed or residing abroad”, according to this Code, are the citizens of the Republic of Macedonia who have a registered last residence in the Republic of Macedonia, and on Election Day are temporarily residing abroad for the duration of more than three months or have a temporary employment or residence abroad for more than one year, according to the records of the competent body; 18. “Employees in the public administration” is a category of persons employed in the education, health, culture, science and social protection sector who execute tasks of public interest, in accordance with the law; 3 19. “Employees in the state, municipal administration and administration of the City of Skopje” is a category of persons with a status of civil servant in accordance with the law and 20. “Election administration” is composed of employees in the Support Service of the State Election Commission, members of election management bodies, Secretaries of municipal commissions, their deputies and other individuals temporarily engaged in the electoral process within supporting bodies of the State Election Commission. 2. Equal right to vote Article 3 (1) The President of the Republic, the Members of Parliament, the Members of Councils and the Mayors, shall be elected at general, direct, and free elections, by secret ballot. (2) No one shall be allowed to call the voter to responsibility because of his/her voting, or ask him/her to declare for whom he/she cast her/his vote or why he/she abstained from voting. 3. Electoral system Article 4 (1) Election of the President of the Republic of Macedonia shall be administered on the territory of the Republic of Macedonia and in the Diplomatic – consular offices of the Republic of Macedonia in Europe and Africa, North and South America, and Australia and Asia as one electoral district according to the majoritarian system. (2) In the Parliament of the Republic of Macedonia, 123 Members of Parliament shall be elected, from which 120 according to proportional model, whereby the territory of the Republic of Macedonia shall be divided into six electoral districts determined in this Code and for each electoral district 20 Members of Parliament shall be elected, 3 Members of Parliament shall be elected according to the majority model in one round of elections of which 1 Member of Parliament from each of the three electoral districts in Europe and Africa, in Northern and Southern America, and in Australia and Asia respectively, as determined by this Code. 4 (3) In the electoral district the number of voters may vary at most from minus 5% to plus 5% in reference to the average number of voters in the electoral district, with the exception of the electoral districts in Europe and Africa, North and South America and Australia and Asia. (4) The election of the Members of Council shall be administered on the territory of the municipality according to the proportional system. (5) The election of a Mayor shall be administered on the territory of the municipality according to the majoritarian system. 4. Voters List Article 5 (1) The Voters List shall be considered a public document and shall be administered for the entire territory of the Republic of Macedonia. (2) The elections and the referendum on national and local level in the Republic of Macedonia shall be conducted based on the Voters List. 5. The right to vote and to stand for election Article 6 (1) Every citizen of the Republic of Macedonia who is at lest 18 years of age, is able-bodied and has domicile in the constituency, municipality, i.e. in the City of Skopje, where the election takes place, shall have the right to vote. (2) The citizens of the Republic of Macedonia who on Election Day are temporarily employed or residing abroad and are registered in the Voters List based on the records of the competent organ and the application for voting, shall vote for the election of the President of the Republic and for the election of Members of Parliament of the Republic of Macedonia in the Diplomatic- Consular Offices abroad i.e. consular offices, in accordance with this Code. Article 7 (1) Any person who meets the conditions for election of President of the Republic, as set forth in the Constitution, may stands as candidate for President of the Republic. (2) Candidate for Member of Parliament, Member of Council and Mayor may be citizen of the Republic of Macedonia provided if he/she is: 18 years old; and 5 with full general capacity to act. (3) Candidate for Member of Parliament, Member of Council and Mayor cannot be a person who: has been sentenced with a final court decision for unconditional imprisonment above six months, and serving of the sentence has not commenced yet; and is serving an imprisonment for a committed criminal offence. (4) In addition to the conditions stipulated in Paragraph 2 of this Article, candidate for Member of Council and Mayor may be every citizen who has domicile in the municipality and the City of Skopje, where the election takes place. 6. Incompatibility of the office of President of the Republic, Member of Parliament, Mayor and Member of Council Article 8 (1) The office of a Member of Parliament, Member of Council and Mayor shall be incompatible with the office of the President of the Republic, President of the Government of the Republic of Macedonia, Minister, Judge, Public Prosecutor, Public Attorney, Ombudsman, and with other holders of offices elected or appointed by the Parliament of the Republic of Macedonia (hereinafter: the Parliament) and the Government of the Republic of Macedonia (hereinafter: the Government) (2) The office of a Member of Parliament shall be incompatible with the office of Mayor and Member of Council in a municipality and in the City of Skopje. (3) The office of a Member of Parliament and Mayor shall be incompatible with the: Performance of professional and administrative work in the state administration bodies; Performance of business or other profitable activity; and Membership in management boards of public enterprises, public institutions, funds, agencies, bureaus and other legal entities, as well as with the appointment of a trustee of state- and publicly-owned capital in commercial enterprise.