CEC has not imposed any sanctions based on TI BiH reports on abuse of public resources

(Patria) - The Central Election Commission of BiH (CEC) has not penalized SNSD for the gesture of the women's activist group of this party in Prnjavor, which recently distributed promotional material in a nursing home and an association for children with special needs. Transparency International in BiH (TI BiH) reported this case to the CEC due to premature campaigning, promising material benefits to voters, and the misuse of children for political purposes. The law clearly stipulates that any form of campaigning is prohibited during this period, especially the misuse of children and their involvement in activities that may be related to political promotion.

Nevertheless, after the conducted procedure, the CEC concluded that there was no violation of the law on two grounds. At the session itself, it was stated that the promotional materials did not contain party markings or logos, although they are clearly visible in the photographs.

During the procedure, it was established that there were no party markings, party logos, or political messages of any kind during the visit to these institutions. In the party's statement, it is stated that the women's activist group regularly visits these categories, vulnerable categories, and in that sense we were unable to establish responsibility under Article 7.1 (premature campaigning) and 7.3.8 (misuse of children for political purposes) of the Election Law, said the rapporteur at the CEC session, after which the decision was unanimously adopted.

It was also concluded that the part of the TI BiH report concerning the promise of a monetary reward with the aim of gaining voter support should be forwarded to the Municipal Election Commission of Prnjavor.

The disputed post was removed from the SNSD Prnjavor page, and the photographs clearly show that promotional materials with party markings were distributed at these events.

Free transport for pensioners

In another decision, the CEC refused to conduct a new procedure and sanction the PDP and the Mayor of Banja Luka, Draško Stanivuković, due to the misuse of a campaign promoting free transport for pensioners in Banja Luka.

TI BiH reported this case because it involves budget allocations timed before the elections and implemented for the first time, and the Election Law prohibits any direct or indirect purchase of voter support, which by legal definition includes providing one-time assistance to citizens, with only regular budget subsidies exempt from the prohibition.

The CEC previously refused to sanction the PDP and Stanivuković, with the explanation that these are “regular allocations that were also implemented in previous years,” although the coordinator for card distribution herself stated that this activity is being implemented for the first time, i.e., that “for the first time in the history of Banja Luka, pensioners will receive free public transport.”

In addition, the mayor held a series of gatherings where cards for free transport for pensioners were publicly distributed, and at these ceremonies and in the city itself, several promotional billboards and posters were placed.

TI BiH submitted a request to the CEC for the reopening of the procedure with additional evidence clearly showing Draško Stanivuković's personal logo on posters promoting free transport for pensioners with the slogan “Draško Stanivuković – more than words.” Nevertheless, the CEC refused to conduct a new procedure on the grounds that the candidacy of the current mayor for a new term has not yet been certified.

SNSD and SDA sanctioned for premature campaigning

In addition to these two decisions, based on TI BiH reports, the CEC at its session on Thursday sanctioned SNSD in Trebinje and SDA in Visoko with 3,500 KM each for premature campaigning, but these parties were not sanctioned for the misuse of public resources.

SNSD promoted infrastructure works on lighting, bridge construction, and a roundabout, as well as the distribution of scholarships on social media, but the CEC determined that there was no misuse of public resources because, again, these are regular budget allocations.

In a similar case, SDA Visoko promoted several streets that were asphalted and where the sewage, stormwater, and water supply networks were reconstructed on social media, with the slogan “we work and build for a better Visoko.” The sanction was imposed only for premature campaigning, but not for the misuse of public resources, because, as stated in the decision without detailed explanation, “the available evidence does not indicate that this constitutes misuse of public resources.”

TI BiH has pointed out in previous years that the intensification of public works and the distribution of one-time assistance to citizens before elections is the most common form of misuse of public resources. This is sufficiently illustrated by the fact that before the last elections, all levels of government distributed nearly 313 million KM in one-time payments to pensioners, youth, veterans, and social categories, most often through one-time installments of 100 KM each.

What constitutes misuse of public resources

The new amendments to the law introduced significant provisions prohibiting such direct or indirect vote buying, which includes providing one-time monetary or non-monetary assistance to citizens, unless the provision of that assistance is planned within regular budget subsidies.

In the opinion of TI BiH, regular subsidies are only those that are paid regularly every month or every year (such as subsidies to farmers) and represent a legal right of certain categories regardless of who is in power. All other one-time payments before elections, in the opinion of TI BiH, can be considered misuse.

Nevertheless, the CEC has completely rendered this significant legal provision meaningless through a series of decisions, under which no one has yet been sanctioned based on TI BiH reports, because explanations were accepted in which authorities stated that the funds for these one-time aids were “planned in the budget,” completely ignoring the fact that these are not regular monthly or annual subsidies.

In an earlier case concerning a one-time payment for a high school prom in Nevesinje, the CEC also determined that there was no misuse of resources, stating in its decision that the Municipal Assembly allocated funds for this one-time aid “from the budget reserve, which is part of the planned budget funds.”

TI BiH believes that this interpretation has completely rendered this legal provision meaningless and that parties will be able to continue to misuse public resources for the indirect purchase of voter support before elections in the future.