CEC BiH Initiates Amendment to BiH Election Law: Postponement of Local Elections Increasingly Likely

SARAJEVO, (Patria) - The Central Election Commission of BiH, at its 14th (correspondent) session held on April 9, adopted a conclusion to initiate the process for the adoption of amendments to the Election Law of BiH, which it is submitting to the Parliamentary Assembly of BiH.

Namely, due to the generally known epidemiological situation in the country related to preventing the spread of the COVID-19 coronavirus epidemic, the Council of Ministers of Bosnia and Herzegovina, on March 17, 2020, adopted a Decision on declaring the occurrence of a natural or other disaster in the territory of Bosnia and Herzegovina ("Official Gazette of BiH" no. 18/20), as well as a Decision on the conduct of Bosnia and Herzegovina institutions in order to ensure the protection of life and health of employees due to the risk of a possible outbreak of an infectious disease caused by the coronavirus (Covid-19) ("Official Gazette of BiH" no. 18/20).

Also, Republika Srpska adopted a Decision on declaring a state of emergency for the territory of Republika Srpska ("Official Gazette of RS" no. 25/20), while the Federation of Bosnia and Herzegovina adopted a Decision on declaring a state of disaster caused by the outbreak of coronavirus (COVID-19) ("Official Gazette of FBiH" no. 21/20).

Considering the aforementioned situation in Bosnia and Herzegovina, established by the above-cited decisions of the competent institutions, the operational capacity of institutions has been reduced, while the freedom of movement of citizens has been restricted.

Since the calling of elections would initiate deadlines for carrying out electoral activities, such as the collection of signatures by political entities, it is clear that in the given circumstances, this cannot be undertaken, both due to restricted freedom of movement and due to the prevention of the spread of the epidemic, the CEC BiH announced.

The aforementioned, as well as a number of other activities that would be impossible to realize, create objective and insurmountable obstacles for conducting free elections in accordance with the Election Law of BiH.

The proposed amendments to the Election Law of BiH introduce the concept of extraordinary circumstances, which include a state of emergency, as well as natural disasters and other calamities, declared by the competent institutions in Bosnia and Herzegovina, which encompasses all levels of government and stipulates that the Central Election Commission of BiH has the authority to make a decision on postponing the calling and holding of elections, which was not previously prescribed.

Furthermore, it is proposed to prescribe the obligation of the Central Election Commission of BiH to make a decision on calling and holding elections when it determines that the conditions for holding elections in accordance with the Election Law of BiH have been met, and no later than 90 days from the cessation of extraordinary circumstances.

The assessment of the existence of legal conditions for holding postponed elections is within the competence of the Central Election Commission of BiH, and it would be authorized to make this decision even during the period of extraordinary circumstances, if it determines that these circumstances no longer prevent the organization and holding of elections in accordance with the Election Law of BiH. According to the proposed legal solution, the Law on Amendments to the Election Law of BiH would enter into force the day after its publication in the "Official Gazette of BiH".