Appeal received by the CEC: Should Vanja Bjelica have recused herself during the vote on revoking Milorad Dodik's mandate

(Patria) - The legal representative of the convicted Milorad Dodik has submitted an appeal to the Central Election Commission of BiH against the Decision on the termination of the mandate of the President of Republika Srpska. This appeal, along with the CEC's response, will be forwarded to the Appellate Division of the Court of BiH, which, after receiving the materials, must make a decision within two working days according to the Election Law of BiH.

In the seven-page appeal, lawyer Goran Bubić reiterates arguments that BiH judicial bodies have already rejected as unfounded during the criminal proceedings against Milorad Dodik. However, one argument by Dodik's lawyer could be considered by the Court of BiH during the election appeal process.

Namely, Bubić states that Central Election Commission of BiH member Vanja Bjelica voted on the Decision to terminate the mandate of the President of RS Milorad Dodik, even though, according to the Election Law of BiH, as well as the Rules of Procedure of the Central Election Commission of BiH, she should have recused herself.

“Election commissions and polling station committees are independent and impartial in their work. A member of an election commission or polling station committee shall not participate in decision-making when that member or a member of their immediate family has a personal or financial interest, or if there is another conflict of interest that could call into question their ability to act impartially. Immediate family members are considered family members within the meaning of Article 15.7, paragraph 2 of this Law,” it is stated in Article 2.1, paragraph (2) of the Election Law of BiH.

Attached to the appeal against the CEC's decision are materials proving that member Vanja Bjelica filed a lawsuit against Milorad Dodik for defamation, and that this process is ongoing because this member of the Central Election Commission of BiH appealed the first-instance verdict which rejected her claim.




In this way, Bubić wants to prove that the CEC member was biased when voting on the Decision to terminate Milorad Dodik's mandate. True, the Decision of the Central Election Commission of BiH was made unanimously, which means Vanja Bjelica's vote was not decisive. However, the Appellate Division of the Court of BiH, which decides on election appeal cases, will give the final opinion on this argument by Dodik's lawyer.

If the Court of BiH accepts the argument of Dodik's lawyer, the CEC's Decision on the termination of Milorad Dodik's mandate will be annulled, and a new decision will be ordered. In that case, Vanja Bjelica would recuse herself, and the CEC would make the same decision again, thus formally respecting all provisions of the Election Law.

Dodik would also have the right to appeal the potential renewed decision of the CEC to the Appellate Division of the Court of BiH. However, in that case, he would no longer have valid arguments that the Court of BiH could consider. Unless someone at the CEC session makes a similar mistake again, writes Istraga.ba.