Office for Democratic Institutions and Human Rights REPUBLIC OF SLOVENIA EARLY ELECTIONS OF THE NATIONAL ASSEMBLY 4 DECEMBER 2011 OSCE/ODIHR Election Assessment Mission Final Report Warsaw 7 February 2012 TABLE OF CONTENTS I. EXECUTIVE SUMMARY.................................................................................................. 1 II. INTRODUCTION AND ACKNOWLEDGMENTS......................................................... 2 III. BACKGROUND .................................................................................................................. 3 IV. ELECTORAL SYSTEM ..................................................................................................... 4 V. LEGAL FRAMEWORK..................................................................................................... 5 A. Dual Vote ......................................................................................................................... 6 B. Permanent Residence Rights.......................................................................................... 7 C. Access for Observers ...................................................................................................... 8 VI. ELECTION ADMINISTRATION ..................................................................................... 8 VII. VOTER REGISTRATION ............................................................................................... 10 VIII. CANDIDATE REGISTRATION ..................................................................................... 11 IX. CAMPAIGN ....................................................................................................................... 12 X. POLITICAL PARTY FINANCE AND CAMPAIGN FINANCE................................. 13 A. Political Party Financing.............................................................................................. 13 B. Campaign Financing..................................................................................................... 14 C. Supervision of Party and Campaign Financing......................................................... 14 XI. MEDIA ENVIRONMENT ................................................................................................ 15 A. Legal Framework for the Media ................................................................................. 15 B. Media Coverage of the Elections ................................................................................. 17 XII. NATIONAL MINORITIES .............................................................................................. 18 XIII. WOMEN’S PARTICIPATION ........................................................................................ 18 XIV. COMPLAINTS AND APPEALS...................................................................................... 19 XV. VOTING METHODS ........................................................................................................ 21 A. Voting Abroad............................................................................................................... 21 B. Voters with Disabilities................................................................................................. 21 C. Election Day................................................................................................................... 22 D. Announcement of Results............................................................................................. 23 ANNEX 1 – ELECTION RESULTS ............................................................................................ 24 ABOUT THE OSCE/ODIHR ....................................................................................................... 25 REPUBLIC OF SLOVENIA EARLY ELECTIONS OF THE NATIONAL ASSEMBLY 4 December 2011 OSCE/ODIHR Election Assessment Mission Final Report I. EXECUTIVE SUMMARY Following an invitation from the Government of the Republic of Slovenia, the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) on 23 November deployed an Election Assessment Mission (EAM) for the 4 December 2011 early National Assembly elections. They took place in context of divisions over the government’s response to the economic crisis and several referenda rejecting measures adopted by the authorities. In addition to the political parties represented in the National Assembly, four parties were formed shortly before the election, with two of them attracting considerable public interest. Overall, the legislative framework provides a sound basis for the conduct of democratic elections. Particularly noteworthy is the attention given to ensuring the universality of the vote, provided through different means of voting. Certain aspects of the legislation could benefit from further consideration, including the lack of explicit legal provision for international election observation. Nevertheless, the National Election Commission (NEC) and other electoral bodies ensured that the OSCE/ODIHR EAM had full access to the entirety of the electoral process. A unique feature of the National Assembly elections is the provision of dual voting rights to citizens belonging to the Italian and Hungarian minorities, in addition to the reserved seats for these minorities. Dual voting rights diverge from the fundamental OSCE commitment regarding equality of the vote and are at odds with international good practice. The elections were administered by four levels of electoral commission. These were composed of judges, legal professionals and political party nominees. The election administration appeared to work efficiently and impartially and enjoyed the confidence of stakeholders. The registration of candidate lists was inclusive. It also accommodated the appearance of new parties on the political scene. Of the 20 parties registered, 13 registered candidate lists in all 8 constituencies. In total, some 1,393 candidates stood for these elections and the wide selection provided a pluralism of choice for voters. The campaign was relatively subdued and focused on economic issues to a large extent. In addition to traditional methods, such as billboards and meetings with voters, social media was a noticeable means of campaigning. Overall, print and broadcast media covered a variety of political actors and topics, and party leaders faced each other in a number of televised debates. Some parties, however, complained about equitable conditions in the media. Enforcement mechanisms for media regulations, as well as procedures for monitoring campaign coverage and acting on media-related complaints appeared to be weak. Political financing regulations do not provide sufficient transparency and there is no authority that oversees political financing in a thorough manner. Although legislation has been drafted Republic of Slovenia Page: 2 Early Elections of the National Assembly, 4 December 2011 OSCE/ODIHR Election Assessment Mission Final Report which would improve the transparency and accountability of political party and campaign financing, it has yet to be adopted by the National Assembly. The representation of women in political life has been low but has increased slowly over the past decade. In these elections, some 43 per cent of candidates were women. Following the full implementation of a gender quota in this election, the percentage of women elected increased to 31 percent, as compared to 13 per cent after the 2008 elections. The legal framework provides for rapid and effective consideration of complaints and appeals, including at Constitutional Court level, although there are a few aspects that could stand review. In accordance with OSCE/ODIHR’s methodology, the EAM did not conduct a comprehensive and systematic observation of election day proceedings. However, mission members visited a limited number of polling stations on election day. Voting and counting in this limited number of polling stations showed a process that was well-organized and efficiently conducted. There was one incident involving missing ballots, which the authorities quickly investigated. The EAM was also informed of difficulties in ensuring that all out-of- country ballots were received in time. Although Slovenian law provides for measures to enable the participation of disabled voters, these measures do not always facilitate the secrecy of their vote, and access to polling stations remained an issue. The NEC stated that it plans to conduct a review, together with groups representing disabled people, aimed at amending legislation and procedures to improve access. Preliminary election results were announced quickly and transparently. Final results were declared 12 days after election day to account for the receipt of ballots mailed from abroad. However, publication of results on the internet at polling station level would further enhance the transparency of the electoral process. A number of recommendations in this report set out ways in which the electoral process may be further improved. The OSCE/ODIHR stands ready to work with the authorities of the Republic of Slovenia to address these recommendations. II. INTRODUCTION AND ACKNOWLEDGMENTS On 13 October 2011, the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) was invited by the Government of the Republic of Slovenia to observe the 4 December 2011 early elections to National Assembly, in anticipation of the formal calling of elections by the President. The OSCE/ODIHR undertook a Needs Assessment Mission to Slovenia from 17 to 19 October.1 Based on its