First instance body dealing with electoral disputes

Name: Law on Election of Councilors andRepresentatives

Enactment: as of 2011

Quote: '

Article 98

TheMEC shall establish the final results of the election of councilors within the 12 (twelve) hours of expiry ofthe deadline for filing objections and appeals that is expiry of the deadlinefor the decision upon these complaints and appeals to become final andenforceable. 2. The RECestablish the final results of the election of representatives withinthe 12 (twelve) hours of expiry of the deadline for filing complaints andappeals, and of the decisions upon these complaints and appeals to become finaland enforceable.

XI. PROTECTION OF SUFFRAGE

Article 106 The election administrationbodies shall notify the electors during the election procedure of theirelectoral right and the manner of protection of these rights.

Article 107

1. Every elector, candidate and submitter ofthe list of candidates shall have the right to lodge a complaint to thecompetent election commission for reasons of infringement of the electoralrights during the election. 2. The complaint referred to in paragraph 1 of thisArticle shall be lodged within the 72 (seventy two) hours of the hour ofrendering the decision or performing an action.

3. The complaint referred to in paragraph 1of this Article shall be lodged to the competent election commission directly.

Article 108

1. A complaint against a decision, act or omission of the Polling Boardshall be lodged to the MEC. 2. A complaint against a decision, act or omissionof the MEC shall be lodged to the REC.

Article 110

1.A complaint against the decision of the competent election commission onrejecting or refusing the complaint may be lodged to the REC.

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Link: http://legislationline.org/download/action/download/id/4191/file/Montenegro_Law_on_elections_of_councillors_and_representatives_1998_am2011_en.pdf

1)  Municipal election commission

2) State Election Commission (SEC/REC)

The complain system is built in a way that may force  the complainer to move from one low level EMBto other until reaching the upper level one , the SEC or REC. Appeals onlycount from the REC level, and they can be submitted to the ConstitutionalCourt.