voter list, after which the polling board was dissolved, and the voting was repeated at that
polling station.
This led to an interesting situation – with a record low number of adopted complaints,
the elections were annulled and repeated in a total of 234 polling stations and
some 203,000 voters respectively. It is important to note here that a new rule was first
implemented in this election cycle, under which the REC has a duty to annul and repeat the vote
at polling stations from which the polling board minutes were not submitted or where it was
impossible to determine the results of the vote96, which led to the cancellation of the vote in
as many as 233 polling stations. This change indirectly - and to a limited extent - introduced
the possibility of REC acting sua sponte to protect the electoral will of the voters.
4.2.2.2.
The process of administration of justice before the Anti-Corruption Agency97
In the first part of the campaign (before the state of emergency was declared), the ACA did
not issue any decisions regarding the amended provisions of the Law on financing
political activities or the Law on the Anti-Corruption Agency, although public has
seen information of reports coming from civil society. There were some indications of the
Agency’s decisions through online searches, but there was no publicly available
information on the institution’s website (although there is a part dedicated to the
2020 election campaign). In the first part of the campaign (until the introduction of the
state of emergency), the Agency only released information on legal provisions and on the
beginning of the implementation of the election campaign monitoring methodology.
After the election process continued, after 11 May 2020, the Anti-Corruption Agency made
decisions by 21 July 2020 regarding a total of 35 reports filed against various candidate lists
or individuals. As for the measures of recommendations for removal from public office,
this measure was made in four cases during the election campaign, where the Agency found
that certain public resources were used to promote political organisations as participants in
the elections. The other 31 reports concerned violations of the provisions of the Law on
financing political activities in the field of election campaign spending: In 25 cases the
Agency issued a decision establishing that there is no basis for deciding on
violations of the Law, and warnings were issued in the remaining 6 cases.
In most cases where it was found that there was no basis for deciding on the existence of an
infringement of any paragraph of Article 23 of the Law on financing of political activities, such
a decision was made because these has been found to be broadcasts of news already published
on some of the political parties’ official communication channels against whom reports were
filed. It was also stated that there were no political party identifiers in the disputed news
stories or photographs. Based on everything above, it seems political entities are still
able to ‘circumvent’ clear violations of the provisions of the Law on financing
political activities in some ways, and that further legislation in this fields is necessary. It
96
97
Article 87 of the Instructions on conducting the elections.
CeSID findings: Around the June 2021 elections: http://www.cesid.rs/wp-content/uploads/2020/12/Oko-izbora-21.pdf
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