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Page 36 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
[Further efforts to prevent irregularities such as family voting, proxy voting, one person assisting more than two voters, and the use of mobile phones or cameras for taking pictures of marked ballots.] The Electoral Code and/or SEC regulations should clearly stipulate the sanctions applicable, both for voters and EB members, future training for EB members should include addressing such irregularities in further detail, and public awareness raising campaigns should be continued.
Recommendation # in final report: 22
Type of recommendation: Other
Thematic area: Election Day
Secondary thematic area: Legal Framework
Type of change required: Legal
Status of implementation: Mostly
Final report heading: Voting, Counting, Tabulation and Announcement of Results
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North Macedonia 2009 EOM Presidential and Local
The complaints and lawsuits process can be further enhanced, to avoid gaps and inconsistencies in decision making, as follows: • The Electoral Code could specify whether the general Law on Administrative Procedure – which in places contradicts the Electoral Code – applies in the decision-making process on election-related complaints; efforts could be made to harmonize such legislation; • The Electoral Code could set a deadline for the SEC to propose officially the annulment of an election; • The Electoral Code or regulations could clarify whether complaints can be submitted by fax (under the Electoral Code they cannot be submitted by post). This is particularly important in regard to the protection of voters’ rights on election day; • The Electoral Code could specify the circumstances in which the SEC is obliged to inspect election material when reviewing complaints, to encourage a more investigative approach by the SEC. If the intention of the law is that election material should be inspected only if there is an objection registered in the EB or the MEC results protocol, this should be clearly stated in the Electoral Code; and • The Electoral Code could clearly state who is allowed to submit lawsuits against SEC decisions and the relevant timeframes.
Recommendation # in final report: 23
Type of recommendation: Other
Thematic area: Election Dispute Resolution (EDR)
Secondary thematic area: Election Administration
Type of change required: Legal
Status of implementation: Partially
Final report heading: Complaints and Appeals
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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
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North Macedonia 2009 EOM Presidential and Local
Further efforts by election management bodies, political parties and civil society organizations will be necessary in order to end the practice of family voting.
Recommendation # in final report: 25
Type of recommendation: Other
Thematic area: Participation of Women
Type of change required: Practice
Status of implementation: Partially
Final report heading: Participation of Women
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North Macedonia 2009 EOM Presidential and Local
Consideration could be given to amending Article 64.5 of the Electoral Code, to provide that if a woman elected from a candidate list for municipal council resigns, she is replaced by the next woman on the list.
Recommendation # in final report: 26
Type of recommendation: Other
Thematic area: Participation of Women
Secondary thematic area: Legal Framework
Type of change required: Legal
Status of implementation: Fully
Final report heading: Participation of Women
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North Macedonia 2009 Early election EOM Presidential and Local
To enhance the participation of women within the structure of political parties, authorities could enforce Article 18 of the Law on Equal Opportunities for Women and Men, which requires political parties to adopt, every two years, “a plan for equal opportunities,” that specifies the methods and measures they will use to promote of equal participation of women and men in the bodies of the party and their candidate lists.
Recommendation # in final report: 27
Type of recommendation: Other
Thematic area: Participation of Women
Secondary thematic area: Election Administration
Type of change required: Practice
Status of implementation: Not implemented
Final report heading: Participation of Women
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North Macedonia 2009 EOM Presidential and Local
The ballot papers printed for units of local self-government where at least 20 per cent of the citizens speak an official language other than Macedonian and which contain all information in Macedonian and the languages of such communities could be redesigned so that ordinal numbers of candidates (or candidate lists) are only included once, rather than separately for each language. This would simplify the ballot layout, increase the secrecy of the vote, and might reduce invalid ballots.
Recommendation # in final report: 28
Type of recommendation: Other
Thematic area: Participation of National Minorities
Secondary thematic area: Election Administration
Type of change required: Legal
Status of implementation: Not implemented
Final report heading: Participation of National Minorities
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North Macedonia 2009 EOM Presidential and Local
Persistent allegations of vote buying, especially in Roma settlements, should be addressed by the relevant authorities, both through voter education and prosecutions.
Recommendation # in final report: 29
Type of recommendation: Other
Thematic area: Participation of National Minorities
Type of change required: Practice
Status of implementation: Partially
Final report heading: Participation of National Minorities
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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
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North Macedonia 2009 EOM Presidential and Local
The SEC and MECs should enforce the requirement for EBs to post publicly copies of counting protocol, immediately following the completion of the count.
Recommendation # in final report: 31
Type of recommendation: Other
Thematic area: Citizen and International Observation
Secondary thematic area: Election Administration
Type of change required: Practice
Status of implementation: Fully
Final report heading: Election Observation
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