First instance body dealing with electoral disputes

OSCE/ODIHRElection Assessment Mission Final Report Early Elections Of The NationalAssembly Republic Of Slovenia (2011-12-04)

VI.ELECTION ADMINISTRATION

The electionswere administrated at four levels: the NEC, 8 Constituency Election Commissions(ConECs), 88 District Election Commissions (DECs) and over 3,649 Polling Boards(PBs) in Slovenia, and an additional 34 PBs abroad.

The NEC isresponsible for the overall conduct of the elections, including ensuring theuniform application of the election law, coordinating the work of lower-levelelection commissions,declaring the results of the National Assembly elections, overseeing theimplementation of voting at Slovenia’s diplomatic representations, andconsidering appeals. The main role of the ConECs is to review candidate lists and determine election results in theconstituencies. They also supervise the technical election work in theirrespective constituencies. DECs are responsible for appointing PBs, designatingpolling stations, supervising the operational organization of the elections inthe district, and determining the results at the district level.

XIV. COMPLAINTS AND APPEALS

Electiondispute resolution is primarily regulated by the electoral law. The Act onAdministrative Disputes is also applicable with regard to the Supreme Court asis the Constitutional Court Act with regard to that court. In addition, theVoting Rights Register Act regulates disputes pertaining to voter registration.Overall, the legislation provides for effective and timely legal remedy, andthere is public confidence in the adjudication bodies and procedures.

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Complaints about alleged irregularities at a PS orDEC, including election results, are lodged with the ConECs. The law states that “if the NEC establishes such irregularitiesin the work of a ConEC, which considerably affect, or could affect, theelection results, then it shall determine the election results in theconstituency itself.” However,the law does not specify whether the NEC assesses the legality of acts of theConECs ex officio or on the basis of a complaint/appeal.

The election law could be amended toexplicitly state whether the NEC has competence to assess the legality of ConECacts on the basis of complaints and/or ex officio, as well as who may file acomplaint. It could also clarify what kinds of irregularities affect theelection result.

TheConstitution mandates the National Assembly to confirm parliamentary mandates.This is done by the Commission for Public Office and Elections, which is formedat the first session of the new National Assembly and ceases to exist aftermandates have been confirmed. Candidates or their representatives have theright to lodge complaints with the Commission on decisions of electoralcommissions that could have affected the confirmation of a deputy’s term ofoffice. The Commission decides on all such complaints before confirmingmandates. This may constitute a conflict of interest, potentially affecting theimpartiality of the Commission and its decisions. However, such Commissiondecisions can be appealed to the Constitutional Court.50

(50 Judicial reviewis provided by the Article 69 of the Constitutional Court Act. The law does notprovide details on procedures for challenging decisions of electioncommissions, particularly on the appointment of election administrationmembers. It only provides that such decisions can be appealed to the Supreme Court.)

In order to avoid ambiguityand uncertainty, including potential conflict of jurisdiction, legal provisionscould be revised to establish a uniform, hierarchical dispute procedure for alldecisions and acts of electoral commissions.

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Office for Democratic Institutions and Human Rights,

http://www.osce.org/odihr/elections/87786  as retrieved on2013-11-08.

NationalAssembly Elections Act ( consolidated text  (ZVDZ-UPB1)(2006-09-29)

VI. ELECTORAL BODIES

Article22

Electionsof deputies shall be managed and carried out by electoral commissions andelectoral committees (hereinafter: electoral bodies).

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Article23

Electoralcommissions are as follows:

1)national electoral commission;

2)constituency electoral commission;

3)district electoral commission.

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Article37

Thenational electoral commission shall:

1)provide for the legitimacy of the elections and the uniform application of theprovisions of this Act referring to electoral procedures;

2)co-ordinate the work of constituency electoral commissions and districtelectoral commissions, provide expert advice on the application of this Act,and oversee their work;

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5) announce the results ofNational Assembly elections;

6)issue election certificates;

7)establish the lists of candidates which at the national level received four ormore percent of the votes cast for all lists;

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Article38

Constituencyelectoral commissions shall:

1)provide for the legitimacy of the election of deputies in constituencies;

2)ascertain whether individual candidacies or lists of candidates are inaccordance with the law;

3)determine the results of elections, declare which deputies have been elected ina constituency according to Article 90 of this Act, and issue reports on theelection results;

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X. DETERMINATION OF ELECTION RESULTSBY ELECTORAL COMMISSIONS

Article87

Thedistrict electoral commission shall determine for the electoral district: thenumber of voters entered in the electoral register; the number of voters fromthe electoral register who voted; the number of voters who voted withcertificates; the number of voters who voted by post; the number of invalidballot papers; the number of votes given to individual candidates; and the numberof votes given to individual candidates and to relevant lists of candidates.The electoral commission shall also determine the results of postal votes, bytaking into consideration the ballot papers that arrived by post by 12 p.m. onthe day after the Election Day, with the exception of votes from abroad. Indetermining the results of voting by post from abroad, consideration shall betaken of ballot papers that arrived by 12 p.m. on the eighth day followingElection Day.

Article88

Thedistrict electoral commission shall keep records on the determination ofelection results for the area of the electoral district, which shall be signedby the chairman and members of the district electoral commission.

Thedistrict electoral commission shall send the records on its work and othervoting material to the constituency electoral commission by a due termdetermined by the national electoral commission.

Article89

Theconstituency electoral commission shall determine, for each list of candidates:the total number of votes cast for individual candidates from the list inelectoral districts; the share of votes of individual candidates in the overallnumber of votes cast in the electoral district; and the total number of votesgiven to the list in the constituency.

Ifa candidate from a list of candidates has received votes in two electoraldistricts, the constituency electoral commission shall determine his share ofvotes in the overall number of votes cast in both electoral districts.

Theelectoral commission shall also determine the total number of votes cast forall lists of candidates in a constituency.

Article89a

Thenational electoral commission shall determine, for the national territory: thenumber of votes cast for individual candidates from the list in constituencies,the number of votes given to the lists in constituencies; and the total numberof votes cast for all lists of candidates in the national territory. Theelectoral commission shall also take into consideration the voting resultsobtained at diplomatic and consular representations of the Republic of Sloveniaand the results of postal votes from abroad that were received by the nationalelectoral commission pursuant to Article 87 of this Act. The national electoralcommission shall determine the voting results referred to in the precedingsentence by electoral constituencies.

The national electoral commission shalltransmit the final voting results to the constituency electoral commissions foreach constituency.

Basedon the established voting results for the national territory, the nationalelectoral commission shall determine the lists of candidates or lists havingthe same nomination that obtained at least 4% of the total number of votes castfor all lists in the national territory and which shall be taken intoconsideration with respect to the distribution of seats.

X.aDETERMINATION OF ELECTION RESULTS

Article94

The results of elections inconstituencies shall be determined by the constituency electoral commission. It shall enter them and its work in the records, which shall besigned by the chairman and the members of the commission. The records and othervoting material shall be sent to the national electoral commission.

The national electoral commission shalldetermine the results of elections at the national level. It shall enter them in the records, which shall be signed by thechairman and members of the electoral commission.

Ministry of Justice,

The Electorallaw doesn’t provide clear determination whether or not NEC has an authority toadjudicate a complaint or simply review the inaccuracy of the activities ofConECs on basis of ex officio.

Also itshould be noted that the Constitution mandates the National Assembly to confirmparliamentary mandates, which is an additional separate process.