considering the complaint against the Republic Electoral Commission is submitted to the same
body.
In addition to all of the above, a process protecting the suffrage of submitters of
candidate lists for similar reasons unfolded before the Administrative Court that
ruled on the complaint made by the Russian party (a national minority political party). Namely,
REC first rejected the motion to confer upon the Russian party the status of a national minority
political party as the necessary majority of all REC members did not vote for adopting this
decision, and then the REC rejected a complaint from the Russian party representative for the
same reason - no members of the Republic Electoral Commission voted for its adoption90.
This kind of decision-making, without providing the legal grounds to reject the
complaint and/or without providing the factual situation that caused the legal grounds for
the decision was contested by the Administrative Court that adopted the Russian
party representative's complaint and reverted the REC decision91. REC again rejected
the complaint in the repeated procedure, this time referring to its arguable competence
to verify the position of the national minority political party in the electoral
process, although the party was already registered in the Political Party Registry with such a
position92. The Russian party as the submitter of the candidate list ‘Russian Party - Slobodan
Nikolić’ was found to have the position of the national minority political party only after the
Administrative Court ruling after the appeal to the decision in the repeated procedure93.
Because of these issues reoccurring throughout multiple election cycles, it is necessary to
clearly stipulate provisions that will facilitate efficient, fair, and effective protection of
suffrage for submitters of candidate lists, particularly in terms of national minority
political parties and coalitions participating in the elections.
On the other hand, after election day ended REC faced an enormous number of
complaints of irregularities in the work of the polling boards and other election
activities as well, such as the delay in announcing the results, introducing electronic sessions,
and announcing overall results before the expiration of the deadlines for administration of
justice. Specifically, after gaining insight into a total of four bags with voting materials and
claiming they exposed a systemic forgery of the polling board minutes, representatives of the
Suverenisti (Sovereignists) list - CG Dosta je bilo – Saša Radulović - filed as many as 2,700 identical
complaints against the irregularities in the work of the polling boards. Complainants claimed
there were manipulations with voting materials and that there are discrepancies between the
voting materials and the number of votes for this list against official the polling board minutes
and hence requested the elections to be reverted in one third of the poll stations. In case of
these 2,700 complaints the REC again merged all procedures into a single procedure
Decision rejecting the complaint from the Russian party representative from 10 June 2020, available at:
https://www.rik.parlament.gov.rs/tekst/2171/resenja-po-prigovorima.php
91 Verdict adopting the complaint from the Russian party representative, III-11 Už 95/20, as of 14 June 2020, available at:
https://www.rik.parlament.gov.rs/tekst/2171/resenja-po-prigovorima.php
92 Please refer to the following source for a detailed explanation of the issue: Emilija Orestijević, „Osvrt na rad izbore administracije na
parlamentarnim izborima 2016. godine i na predsedničkim izborima 2017“. godine, (Emilija Orestijević, Reflections on the operation
of the electoral administration in the 2016 parliamentary elections and 2017 presidential elections) in: Around the elections #20
(2018), ed. Bojan Klačar, CeSID, Belgrade. Available at: http://www.cesid.rs/wp-content/uploads/2018/09/Oko-izbora-20.pdf
93 Verdict adopting the appeal from the Russian party representative and reverting the Republic Electoral Commission decision, III-10
Už 107/20, as of 19 June 2020, available at: https://www.rik.parlament.gov.rs/tekst/2171/resenja-po-prigovorima.php
90
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