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Location: North Macedonia
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North Macedonia
2009
EOM
Presidential
and Local
The authorities should consider taking vigorous steps to counter any forms of pressure on or intimidation of voters, which was the most serious problem identified by the OSCE/ODIHR EOM in connection with the 2009 elections. In particular, senior public officials, including especially cabinet ministers and heads of public agencies, institutions, and companies, could make clear public statements and issue written instructions before and during the campaign period that no pressure on public employees will be tolerated and that no employee or citizen should fear for their employment, pension or social services as a result of supporting or not supporting any political party or candidate. Furthermore, cases of intimidation of citizens registered by the police and other law-enforcement bodies should be thoroughly investigated and prosecuted.
Recommendation # in final report:
1
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Partially
Final report heading:
Election Campaign
North Macedonia
2009
EOM
Presidential
and Local
The Electoral Code could be amended to state that in cases where the serial numbers of ballot box security seal established before the vote count do not match those recorded when the ballot box was sealed, voting at such polling stations should be annulled automatically and the election be repeated. Consideration could also be given to obliging the SEC to investigate such cases ex officio.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Final report heading:
Voting, Counting, Tabulation and Announcement of Results
North Macedonia
2009
EOM
Presidential
and Local
The Electoral Code and relevant sub-legal acts such as SEC instructions would benefit from a thorough review and amendments to harmonize provisions and to avoid gaps and inconsistencies within the legislation and with its practical application. Ideally, such a review would include an open process of public consultations. Some examples of existing gaps or inconsistencies include.16
- The Electoral Code does not make clear exactly what political activity is and is not permissible before the start of the official campaign period;
- The Electoral Code does not clarify whether parties and candidates need to provide a list of their authorized representatives to MECs and, if so, what the deadline is and what sanctions, if any, apply for failure to provide such a list;
- The Electoral Code does not state what happens if a candidate decides to withdraw from an election between the two rounds of voting;
- Article 37 of the Electoral Code is in conflict with the Article 148.1 regarding competences for deciding upon complaints; and
- Article 63.2 of the Electoral Code does not specify the procedure for the collection of support signatures during the candidate registration process at Ministry of Justice local offices.
Recommendation # in final report:
3
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Partially
Final report heading:
Legal Framework
North Macedonia
2009
EOM
Presidential
and Local
Consideration could be given to amending the law to allow for replacement of ballots which voters spoiled accidentally. If so, regulations for such cases should be established.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Final report heading:
Voting, Counting, Tabulation and Announcement of Results
North Macedonia
2009
EOM
Presidential
and Local
The Electoral Code or election regulations should state clearly that domestic and international observers are entitled to receive copies of the entire EB and MEC results protocols, rather than just the tabulation parts.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Final report heading:
Observation
North Macedonia
2009
EOM
Presidential
and Local
The Electoral Code or other legislation could set clear and short timeframes for the resolution by the courts of misdemeanor procedures on election-related cases instituted by the SEC, in order to ensure the timely enforcement of election rules and the right of election participants to an effective remedy.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Final report heading:
Complaints and Appeals
North Macedonia
2009
EOM
Presidential
and Local
The number of homebound voters casting ballots should be included in the EB and MEC results protocols and could also be made available at the national level, in order to increase transparency and provide additional safeguards against possible electoral malpractice. The secrecy of the ballot for homebound voters should be ensured by EBs.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Fully
Final report heading:
Voting, Counting, Tabulation and Announcement of Results
North Macedonia
2009
EOM
Presidential
and Local
The Electoral Code’s provisions on campaign financing could be amended to ensure genuine oversight of financing rules and to establish effective limits on donations and expenditures, as well as to clarify reporting and auditing procedures. This especially includes the following:
• Articles 83 and 84 of the Electoral Code could be reconsidered, with a view to abolishing exceptions for limits on campaign donations, which appear to undermine the intention of the law;
• The procedure for denial of reimbursement to candidates, based on the Article 87 of the Electoral Code, could be clarified; The Electoral Code or regulations could specify the content and format of the financial reports to be submitted by contestants; in particular, the current form prescribed by the Ministry of Finance does not currently require contestants to submit information on expenditures, which undermines the transparency and usefulness of such reporting;
• The auditing g procedure could be enhanced, to ensure some oversight of the finances of all candidates who participate in an election; and
• Article 86 of the Electoral Code, which provides for reimbursement of campaign expenses for elected candidates only, could be reconsidered and possibly replaced by a system under which all candidates who win a certain percentage of votes are entitled to reimbursement. Such a percentage could be high enough to ensure that
candidates have a degree of popular support, but low enough to provide more incentives a broader range of candidates, particularly women and members of smaller ethnic communities, who sometimes face difficulties in raising the funds required to mount a strong campaign.
Recommendation # in final report:
6
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Fully
Final report heading:
Legal Framework
North Macedonia
2009
EOM
Presidential
and Local
Steps could be taken to depoliticize public employment and professionalize the civil service to protect civil servants against political pressure. These measures should apply to civil servants, and all other public employees and employees of public agencies and companies. It would be advisable that this protection is also reflected in the contract of employment of public servants and, possibly, in a specific charter of ethics for public servants.
Recommendation # in final report:
2
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Partially
Final report heading:
Countering Pressure on or Intimidation of Voters
North Macedonia
2009
EOM
Presidential
and Local
Political parties and candidates, especially presidential candidates, could make greater efforts to explain their policies and reach out to voters of ethnic communities other than their own.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Partially
Final report heading:
Campaign
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