Chart 4.3.9.1. Guaranteed secrecy of the ballot (in %)
3
It is not guaranteed, I
firmly believe there are
ways to find out who I
voted for
12
18
67
It is guaranteed up to a
point but not
completely
It is fully guaranteed,
no-one can know this
unless I tell them
DNK, Cannot tell
4.3.10. Pressure on voters and (in)direct citizen experience
The pressure on voters implies all those unauthorized activities that the participants in the elections
are focusing on (potential) voters with the goal of maximizing their election potential. These occur in
a variety of scopes and forms in virtually every election cycle and have a significant impact on
the perception of electoral integrity and confidence in institutions dealing with the
implementation and organization of the electoral process, but also in the institutions that are
competent to implement the administration of justice efficiently and in accordance with the
law.
As explained in previous sections of the analysis, the local legislative framework provides for
criminal offenses against suffrage101, thus prohibiting violations of the right to stand for
election and vote, and stipulating jail time and/or fines for giving and receiving bribes in
connection with voting, abuse of the right to vote, drafting of false voter lists, preventing the
vote from being held, violating the secrecy of the ballot, falsifying election results and
destroying voting documents. In other words, it is absolutely forbidden to promise and/or to
receive awards, gifts, or benefits in exchange for (non-)voting, as well as voting repeatedly or
on behalf of another person102, to draw up inaccurate voter lists and to make unlawful changes
to it and to infringe the secrecy of the ballot in any way. All sanctions shall be tightened in the
event that any of these acts are made a member of the polling board or other person in the
performance of the voting-related duties. In addition to the Criminal Code, other regulations
clearly prohibit any pressure on employees and persons engaged on other grounds
in public enterprises regarding the support of political entities or candidates in the elections,
or the unlawful use of public resources in the election campaign103.
Criminal Code, Official Gazette of the Republic of Serbia, No. 85/2005, 88/2005 - corr, 107/2005 - corr, 72/2009, 111/2009,
121/2012, 104/2013, 108/2014, 94/2016 and 35/2019. Chapter 15, Articles 154-162.
102 Except in the case of the assisted voting.
103 The Law on Public Enterprises, Official Gazette of the Republic of Serbia, No. 15/2016 and 88/2019, Article 49,
Law on the Anti-Corruption Agency, Official Gazette of the Republic of Serbia, No. 97/2008-42, 53/2010-13, 66/2011-48 (CC),
67/2013-13 (CC), 112/2013-3 (authentic interpretation), 8/2015-88 (CC), 88/2019-4, Articles 2 and 29
101
69