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Page 34 Location: North Macedonia
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Location Year of election Election type Recommendation # in final report Type of recommendation Thematic area Secondary thematic area Type of change required Status of implementation Comment
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
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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
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North Macedonia 2009 EOM Presidential and Local
The 40 per cent turnout requirement for the second round of a presidential election could be reconsidered and removed since it creates the potential for failed elections. If considered beneficial to the credibility of the electoral process, such a turnout requirement is recommended only for the first round.
Recommendation # in final report: 4
Type of recommendation: Other
Thematic area: Legal Framework
Secondary thematic area: Electoral System
Type of change required: Legal
Status of implementation: Not implemented
Final report heading: Legal Framework
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North Macedonia 2009 EOM Presidential and Local
The Electoral Code could clarify the authority and mandate of the Broadcasting Council to regulate media coverage of political activity between the date elections are announced and the start of the official campaign period. This authority and mandate should be in line with other legislation, such as the Law on Broadcasting Activity.
Recommendation # in final report: 5
Type of recommendation: Other
Thematic area: Legal Framework
Secondary thematic area: Media
Type of change required: Legal
Status of implementation: Fully
Final report heading: Legal Framework
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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
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North Macedonia 2009 EOM Presidential and Local
The authorities could consider ways to provide qualified professional staff, resources and premises for the SEC. In addition to the need for regular professional staff, the SEC needs sufficient personnel and resources to implement its new responsibilities in regard to the voter lists and out of country voting.
Recommendation # in final report: 7
Type of recommendation: Other
Thematic area: Election Administration
Type of change required: Practice
Status of implementation: Partially
Final report heading: Election Administration
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North Macedonia 2009 EOM Presidential and Local
The effective administration of elections would benefit greatly from the adoption of comprehensive regulations to guide the election process and to compensate for any gaps or inconsistencies in the Electoral Code. In particular, regulations ideally would include clear, practical and detailed instructions concerning EB procedures for opening, voting, counting, filling in the results protocols, and particularly reconciliation of the numbers on the protocols. In addition, regulations could provide practical and detailed instructions for the election day work of the MECs, including handover, verification and reconciliation of results protocols, instructions for recounts, and clear instructions for the computerization of EB results. The SEC Handbook, likewise, would be much improved if it were structured in clear and straightforward language and did not simply repeat provisions of the Electoral Code.
Recommendation # in final report: 8
Type of recommendation: Other
Thematic area: Election Administration
Secondary thematic area: Legal Framework
Type of change required: Legal
Status of implementation: Partially
Final report heading: Election Administration
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North Macedonia 2009 EOM Presidential and Local
Training of MECs and EBs could be improved. In particular, more focus could be put on counting procedures, the completion of results protocols, and the tabulation process at MEC level. Consideration could be given to making training of MECs and EBs more interactive.
Recommendation # in final report: 9
Type of recommendation: Other
Thematic area: Election Administration
Type of change required: Practice
Status of implementation: Mostly
Final report heading: Election Administration
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North Macedonia 2009 EOM Presidential and Local
Voter education could be increased in volume, timeliness and quality. Voter education could be aimed at particular concerns identified in recent elections, including intimidation and coercion, the rights of the voters, [...] Voter education could be aimed at particular concerns identified in recent elections, including [...] the secrecy of the ballot and family voting.
Recommendation # in final report: 10
Type of recommendation: Other
Thematic area: Election Administration
Type of change required: Practice
Status of implementation: Partially
Final report heading: Election Administration
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North Macedonia 2009 EOM Presidential and Local
A thorough audit and revision of the voter lists is long overdue. This could result in much improved lists, by removing duplicate entries and entries of deceased persons and addressing other remaining deficiencies, including the problem of citizens outside the country whose names are not marked as such on the voter lists. A crucial step to build broad public confidence in the quality of the lists would be for the procedures to be used during the revision to be discussed and broadly agreed in a public process among election stakeholders, including especially political parties.
Recommendation # in final report: 11
Type of recommendation: Other
Thematic area: Voter Registration
Type of change required: Practice
Status of implementation: Partially
Final report heading: Voter Registration
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