polling board minutes, if referenced by the complainant) was affirmed by the Administrative
Court in 2017.38
Transparency
Insufficient transparency, especially at the local level, has been identified as a major issue
in electoral disputes. This is unsurprising, since some local authorities publish little information
online other than basic facts concerning elections, which makes it very difficult if not of outright
impossible to find information about objections and related rulings. Here, regional or global
best practices should be drawn on to create binding guidelines for local electoral
commissions that would include lists of documents that must be made public (primary and
secondary legislation, decisions, calendars, electoral lists, summaries of electoral commission
meeting records, election results, and the like) and the time limits for doing so, with particular
emphasis on the need to regularly publish objections and their
Transparency of the
outcomes. For instance, in July 2020 the State Electoral Commission of
electoral dispute
Montenegro adopted its Administrative Instructions for online publication
resolution process
before electoral
of materials by the State Electoral Commission and municipal electoral
commissions must be
commissions, which govern the release of these documents,
improved, particularly at
responsibilities of officers to be given the task of updating this
the local level.
information, resolution of any issues, and training for responsible
individuals.39
By contrast, the REC greatly improved its transparency in the latest election (of 2020) by
making nearly all of its sittings open to the public. In addition to allowing both Serbian and
foreign election monitors to attend the meetings, in this election it streamed its sittings live
for the first time on its web site and YouTube channel. That said, the REC lost much of this
transparency (and efficiency) after Election Day, as a (perhaps expected) amendment to its
Rules of Procedure permitted the Commissioners to vote on agenda items by responding to
online messages with ‘For’, ‘Against’, or ‘Abstain’ within three hours of delivery. This voting
method was used to make decisions, without public scrutiny, on both objections
received by the REC and final election results.
4.1.2.2. Administrative Court
General rules
The LEMP permits appeals to be lodged against any ruling of the REC. The Administrative
Court is responsible for reviewing these appeals (Art. 97). Judicial relief before the
Administrative Court in disputes concerning parliamentary elections, as well as in
Judgment of the Administrative Court No. Už 29/17 of 9 April 2017.
Administrativno uputstvo za objavljivanje materijala na veb sajtu Državne izborne komisije i veb stranicama opštinskih
izbornih komisija, Državna izborna komisija Crne Gore, 2020. Available at dik.co.me/wpcontent/uploads/2020/07/Administrativno-uputstvo-web-site.pdf.
38
39
30