Identifier
Created
Classification
Origin
09PODGORICA47
2009-02-23 10:25:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Podgorica
Cable title:  

MONTENEGRO ELECTION PRIMER: RULES OF THE RACE

Tags:  PGOV MW 
pdf how-to read a cable
VZCZCXRO9633
PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHNP RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHPOD #0047/01 0541025
ZNR UUUUU ZZH
P 231025Z FEB 09
FM AMEMBASSY PODGORICA
INFO RUEHC/SECSTATE WASHDC PRIORITY 1179
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHPOD/AMEMBASSY PODGORICA 1267
UNCLAS SECTION 01 OF 03 PODGORICA 000047 

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV MW
SUBJECT: MONTENEGRO ELECTION PRIMER: RULES OF THE RACE

REF: A) PODGORICA 023; B) PODGORICA 018

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UNCLAS SECTION 01 OF 03 PODGORICA 000047

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV MW
SUBJECT: MONTENEGRO ELECTION PRIMER: RULES OF THE RACE

REF: A) PODGORICA 023; B) PODGORICA 018

PODGORICA 00000047 001.2 OF 003



1. (SBU) SUMMARY: Montenegro will hold pre-term parliamentary
elections on March 29, concurrently with municipal assembly
elections in Niksic and Budva and mayoral elections in Tivat and
Herceg Novi. According to the current Election Law,
Montenegro's 81-seat Parliament is elected from candidate lists
of registered parties and coalitions receiving three-percent or
more of the vote. Five seats are elected from designated
Albanian-majority polling stations. The State Election
Commission (SEC) will publish the list of registered
parties/coalitions in early March; the last opinion poll may be
published no later than March 19, and there is a media blackout
on electioneering 24 hours before election day. END SUMMARY.



Pre-Term Elections for March 29

--------------




2. (U) Following Parliament's January 26 vote to curtail its
mandate, President Vujanovic called new elections for March 29
(ref A). The election campaign officially begins from the
moment of the President's announcement. Municipal elections in
Niksic and Budva and mayoral elections in Tivat and Herceg Novi
will also be held on March 29. (Note: Parliamentary elections
were originally supposed to be held at the end of 2009.)



Controversial Election Law

--------------




3. (SBU) The elections will be held according to the 1998 Law on
the Election of Councilors and Representatives (the Election
Law),despite the fact that this law has not been harmonized
with the October 2007 Constitution as mandated by the Law on the
Implementation of the Constitution. Opposition leaders have
called for delay in the election, citing several inconsistencies
with the Constitution (ref B):



--The Constitution grants voting rights to "citizens" of
Montenegro, while the Election Law refers to "residents;"

--The Constitution refers to the "authentic representation of
minorities," while the Election Law specifies set-aside seats
only for Albanians; and

--While both the Constitution and the Election Law mandate an
81-member Parliament, the Election Law says that there should be
one MP for every 6,000 voters, which would mean that the
Parliament should have 82 seats.




4. (SBU) On January 26, the majority Democratic Party of
Socialists (DPS) - Social Democratic Party (SDP) coalition in

Parliament voted to extend the deadline for harmonizing the
Election Law with the Constitution until October 2009 (two years
after the passage of the Constitution). Some opposition leaders
have conceded that this weakened their case for delaying the
election, and OSCE/ODIHR representatives told foreign diplomats
in Podgorica on February 5 that they saw nothing in the existing
Election Law that would now contradict the Constitution.



Election Administration

--------------




5. (SBU) The 11-member State Election Commission (SEC),which is
funded from the state budget and includes at least two
representatives of opposition parties, is appointed by
Parliament. Municipal Election Commissions are appointed by
municipal assemblies and oversee municipal elections and polling
stations. They are staffed by a chairperson, four permanent
members, and one representative of each party/coalition
registered for the election. There is a polling station for
every 1,000 inhabitants; Montenegro will have approximately
1,350 polling stations.



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Who Can Run

--------------




6. (SBU) Montenegro's 81-member unicameral parliament is elected
from candidate lists submitted by registered political parties,
who may run alone or in coalitions. (Note: There are currently
over 100 registered political parties, of which 16 are
represented in the current Parliament, either on their own or as
part of coalitions.) Registered parties/coalitions, as well as
groups of citizens, must collect signatures equal to one percent
of eligible voters - currently, approximately 5,000 signatures -
in order to participate in the election.




7. (SBU) Parties/coalitions must get at least three-percent of
the total vote in order to enter Parliament. Seats are then
allocated proportionally to parties passing this threshold.
(Note: The Election Law requires that only half of the seats
won by a party or coalition be allocated according to the order
of the candidates' names on an electoral list; the
party/coalition may allocate the remaining seats to any other
candidate appearing on its electoral list.)



Set-Asides for Albanians

--------------




8. (SBU) Five of the 81 seats in Parliament are elected by votes
cast in approximately 70 majority-Albanian polling stations
which are designated by Parliament. To win these mandates,
parties must obtain at least three percent of votes cast in the
designated polling stations. Parties that have already won one
or more of the 76 other parliamentary seats in the general
election may use only the vote obtained in the specified polling
stations to compete for the five Albanian mandates. (Note: In
the September 2006 election, the DPS won two of the five seats;
three small Albanian parties won a seat apiece.)



Registration Deadlines

--------------




9. (SBU) The electoral lists of parties/coalitions must be
submitted to the State Election Commission (SEC) (and Municipal
Election Commissions, in the case of municipal elections) by
March 5, 25 days prior to election day. The competent electoral
commission must verify the lists within 48 hours of receipt; the
submitting party has another 48 hours to eliminate possible
errors before the list is officially published. The election
commission must publish the order in which candidate lists will
appear on the ballot (determined by drawing lots) by March 15.



Who Can Vote

--------------




10. (SBU) Although the Constitution (and the 2008 Law on Voter
Rolls) says that all "citizens" 18 or over may vote, the
Election Law refers only to "residents" of Montenegro. In
practical terms, this means that all voters on the voting rolls
as of September 2006, the date of the last election, may vote
(this number includes several thousand individuals - the exact
number is not known - who are not Montenegrin citizens). As of
January 2009, there were 494,289 eligible voters in Montenegro.



Campaign Financing

--------------




11. (SBU) The July 2008 Law on Financing of Political Parties
specifies the amount that parties/coalitions registered for the

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election may receive from the state budget, and caps donations
from private and corporate sources. (Note: The Law allocates
approximately one million Euros for the overall campaign, of
which 20 percent will be divided among registered
parties/coalitions for use during the campaign, and 80 percent
will be allocated proportionally to those parties/coalitions
which enter Parliament. Funds from other sources may not exceed
20 times the funds allocated to the party/coalition for its
pre-election campaign.)



Media Coverage

--------------




12. (SBU) Once the SEC has confirmed electoral lists (by early
March),state-owned Radio and Television of Montenegro (RTCG) is
required to provide free and equal airtime (at specially
designated times) to each participating party/coalition. The
state-owned daily newspaper "Pobjeda" will also announce all
campaign rallies free of charge. Parliament also must establish
a media code of conduct for all participating parties by
February 26.




13. (SBU) Campaigning - rallies and media coverage of the
campaign - is prohibited 24 hours prior to election day (i.e. at
midnight, March 27). Opinion polls also may not be published
within ten days of election day (i.e. the last poll may be
published on March 19).



Voting Procedures

--------------




14. (SBU) MECs must set up all polling stations no later than
March 19, ten days prior to the election. Each voter should
receive by March 24 (five days before the election) a letter
stating the date and time of voting, the address of their
polling station, and their voter ID number. Voting takes place
from 8:00 AM until 9:00 PM on election day.



Proclamation of Results

--------------




15. (SBU) The SEC must announce the preliminary results of
voting within 24 hours of the close of polls. Election
participants must file complaints within 72 hours of close of
polls. If irregularities are established at a polling station,
a repeat vote must be held within seven days of the date that
the results at that polling station were annulled.
KONTOS