Residents of Šavnica who registered as “election tourists” and subsequently deregistered their residence after the elections that commenced in October 2022 will not be eligible to participate in a potential re-vote at two polling stations, even if they appear on the voter list.

This decision is based on suggested amendments to the Law on the Voters’ Register that the Democratic Party plans to introduce to the parliamentary procedure.

According to the proposal, this matter is “particularly significant” as over two and a half years have passed since the voter list was closed. The Democrats argue that this has resulted in the significant extension of the mandates of the Šavnica parliament members beyond the legally prescribed timeframe.

Repeated elections at polling station number 1 – “Šavnik” and polling station number 14 – “Kruševice” have been conducted multiple times but have never reached completion due to various obstructions and irregularities, starting from October 2022.

The proposal that “Vijesti” accessed outlines a new article of the law – 20a, which states that only voters registered on the closed voter list for those polling stations can participate in any re-elections where results were annulled.

“An exception applies to voters who have deregistered their residence in the municipality where the council elections are being conducted from the day the voter list was closed until the day of the repeat elections,” the document specifies.

The amendments also suggest that in the case of voters deregistering their residence in the municipality conducting local elections, the relevant state administration body must send a list of these individuals to the polling station committee no later than 24 hours before the repeat elections.

“The president of the polling station committee is required to document the details of individuals whose residence has ceased in the minutes of the committee’s proceedings,” the proposed changes indicate.

These amendments aim to safeguard the legality of the electoral process, especially in light of previously reported abuses such as fictitious residence registrations that caused issues in some local elections.

“The goal of these changes is to ensure that only individuals with legitimate residence in the respective municipality can partake in the repeat elections, thereby striving to stabilize the electoral process and restore citizens’ confidence in electoral integrity,” the Democrats assert.

The elections in Šavnik commenced on October 23, 2022, alongside those in 13 other municipalities. However, they have yet to conclude because members of the opposition coalition “For the Future of Šavnik”, led by the former Democratic Front, prevented some newly registered voters from casting their ballots, alleging these individuals were improperly registered to support the Democratic Party of Socialists (DPS).

Voting occurred nine times at two polling stations, located in the Municipality building and the village of Kruševice, which has 541 eligible voters. The last voting session took place on December 18, 2022, and was interrupted again; since then, the local Municipal Election Commission (MEC) has struggled to reach a consensus on repeating the elections. To date, numerous individuals have faced legal action concerning incidents associated with the elections in Šavnik, including physical confrontations.

The amendment explanation from the Democrats notes that on November 6, 2020, the Constitutional Court made a ruling that invalidated part of the legal requirement stating that voters had to reside in the municipality for at least six months before election day to vote or run for councilor positions.

This ruling allegedly facilitated the rise of fictitious residence registrations in municipalities where local elections occur, enabling illegal voting rights acquisition. The problem escalated particularly before the local elections scheduled for October 23, 2022, causing significant doubts regarding the legality of the electoral process and its implementation obstruction, especially in Šavnik.

According to data from the Ministry of Internal Affairs, 119 voters from the “Šavnik” polling station and 34 from the “Kruševice” polling station have deregistered their residence in the municipality, re-registering elsewhere and exercising their voting rights, despite remaining listed on the voter roster for Šavnik elections.

As per the Law on Voters’ Register, a voter must be registered at only one polling station based on their residence, while the Law on the Election of Councilors and Representatives stipulates that individuals who have lived in Montenegro for a minimum of two years and reside in a specific municipality are entitled to vote.

Therefore, according to the document accessible to “Vijesti”, a voter forfeits their right to vote and to be elected as a councilor if they no longer reside in the municipality where elections are being conducted.

The proposed amendments also emphasize that the ongoing delays in the elections for the councilors of the Šavnik Municipal Assembly, initially scheduled for October 23, 2022, necessitate the urgent adoption of these legal changes.

“The Law on Amendments to the Law on Local Self-Government will take effect the day after its publication in the Official Gazette of Montenegro to ensure the implementation of these legal solutions without further delays, thereby improving and securing the smooth operation of the local self-governance system,” it was stated.

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