Preferential voting can enhance the rights and influence of voters, and Montenegro’s electoral system should be modified to align with the Kosovo model, allowing each voter to cast up to five preferential votes for candidates on a single list.

This announcement was made during the panel discussion titled “Changes to the Electoral System: Open Lists, Gender Quotas, Selection of Candidates for MPs” at the conference “Electoral Reform in Montenegro: How to Make the Electoral Process Functional?”, organized by the Center for Monitoring and Research (CeMI) with support from the British Embassy in Podgorica.

President of the CeMI Board of Directors, Assistant Professor at the Faculty of Political Science, and Deputy President of the Global Network of Impartial Election Observers, Assoc. Prof. Dr. Zlatko Vujović, expressed that for electoral reforms, it is essential to retain the positive aspects of the existing system while incorporating new elements for improvement.

“At CeMI, we advocate for preserving the effective aspects of the current system and enhancing those that are lacking. The high degree of proportionality is valuable since Montenegro operates as a single electoral unit where all mandates are allocated. It is crucial to uphold a quality model for minority representation, also known as positive discrimination, and to refine the current gender quotas,” said Vujović.

CeMI proposes adjustments to the current system to permit voters to cast up to five preferential votes for candidates within the same candidate list, according to reports from PR Center.

“Voters are not mandated to use all five votes but can if they choose to. This approach could mitigate the issue of invalid ballots. The ranking within the list will be adjusted based on the preferential votes received by the candidates, ensuring those with the highest votes are elected. To prevent potential disturbances within parties or the use of elections to undermine party leaders, the top candidate on the list could be ‘locked’, meaning that while they are not voted for, they will be elected if the party secures at least one mandate. This ensures the security of the party leader’s position while allowing parties some control over their candidates,” Vujović elaborated.

The Kosovo model demonstrates effective quota applications and, as he pointed out, has aided in the democratization of political parties.

“This model encourages agreements for coalition formations, as the election of candidates from the list depends on preferential vote counts rather than party affiliation or their position on the list. It is also important to allow for individual candidacies. To prevent excessive vote wastage, candidates could be treated as part of a collective list, similar to minority parties, from which they would be elected, provided there is a census condition, such as the result of an individual candidate meeting the d’Hondt quotient,” stated Vujović. He also mentioned that introducing a deposit for parties and individual candidates could deter ‘adventurer’ candidates or parties lacking support, as the deposit would be forfeited if they fail to meet a certain minimum percentage of votes.

Vujović noted that Montenegro is a small country geographically, allowing every area to be reached with minimal resources.

Prof. Dr. Srđan Darmanović, a member of the Venice Commission, professor at the Faculty of Political Science, and member of the Civic Council, explained that Montenegro has a fragmented parliament structured around a unique proportional system.

“Notably, our system does not impose any costs for parties entering pre-election coalitions; there is no graduated electoral threshold or mandated post-election loyalty to coalitions. Therefore, parliamentary groups only reflect election outcomes to a limited extent. Pre-election coalitions in our context are often tactical tools to cross the three percent threshold for parliamentary entry rather than manifestations of ideological or programmatic alignments,” Darmanović explained.

He argued that the proportionality aspect has contributed to stability and facilitated opportunities for minority and women’s participation.

“This system has resulted in a certain governmental stability. Considering both its strengths and weaknesses, I anticipate primarily reforms rather than a complete overhaul,” Darmanović remarked.

Even with the proposed open list system, he noted that parties maintain control over candidate offerings.

“Candidates not on the list cannot be voted for. In a majority system, individual candidacies are possible. This brings its own set of limitations. In our case, only those who are selected within the party will run, and the listings may change during elections. I believe coalition policies will largely remain unchanged, and the introduction of open lists will not significantly alter this dynamic,” Darmanović asserted.

Former Minister of European Affairs, BIEPAG member, and Civic Council member Jovana Marović emphasized her full support for open lists.

“Closed lists and gender quotas have superficially increased women’s participation in decision-making but not substantively. The current 30 percent quotas fall below the legal minimum for any EU country. Our Parliament does not even meet that legal minimum. The issue is less about a patriarchal environment and more about how politicians perceive women in politics. Moreover, when women achieve positions of responsibility, they often fail to advocate sufficiently for women’s rights,” Marović stated.

Currently, women make up 28 percent of Montenegro’s Parliament, while the legal minimum is 30 percent, according to reports from PR Center.

“Quotas alone do not guarantee compliance with the legal minimum. I believe that open lists can foster a fair political environment. Women must advocate for their rights, as simply relying on quotas isn’t sufficient,” Marović emphasized.

According to her, the quota should be raised to 50 percent, with women positioned prominently on open lists, which should be enforced by law.

“I am skeptical that this electoral reform will bring any groundbreaking changes, as we are racing against time, and the outcome will likely be minimal,” Marović opined.

Prof. Dr. Gianluca Passarelli of Sapienza University suggested that there is no perfect electoral system and cautioned against assumptions that open lists would lead to an ideal scenario.

He noted that in a divided party context, preferential voting could amplify existing issues, and in a disciplined party, it might not cause harm.

“I’m not suggesting that preferential voting is inherently good or bad, just that its impact varies based on the situation. Montenegro can adopt this approach, but caution is necessary. Open lists will heighten intra-party competition and potentially increase the influence of finances, as candidates may require funds to compete effectively,” Passarelli explained.

With open electoral lists, he added, there would be a higher level of intra-party competition.

Pierre Peytier, head of the Democracy and Elections Department at ENEMO, stated that one should not shy away from democratic experimentation when contemplating electoral system changes.

“We must view democracy as an evolving process, not as a destination. Therefore, it is vital to learn from past experiences while considering the current context. In Kosovo, the concept of open lists was aimed at empowering voters and limiting rigid political party lists, which has proven effective,” Peytier articulated.

He believes that open lists can be effectively integrated into Montenegro’s existing proportional representation framework.

“Currently, no one questions the system in Kosovo, which has not only maintained but expanded the principle to include 10 candidates on the open list,” Peytier noted.

He explained that prolonged vote counting can undermine public confidence in electoral outcomes.

“When results are reported quickly, it fosters a higher level of trust due to increased transparency. In contrast, delays between election day and official results can lead voters to question the situation, wondering what’s happening and what political parties might be doing,” Peytier remarked.

In Montenegro, if the proposal for five preferential votes is implemented and counted at polling stations, it should be manageable, provided commission members are sufficiently trained.

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