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Constitutional Court of Bosnia and Herzegovina (Ustavni sud Bosne i Hercegovine), No. AP-2656/07, 11 November 2009

Abstract

The procedure for verifying election results and its limits. 

Normative references

Art, 1, par. 2, Constitution
Art. 6, par. 3, b), Constitution
Art. 16, par. 2, Constitutional Court Act

Ruling

1. Electoral law is a concept that must be interpreted broadly and must not be limited to the moment when individuals elect their representatives to parliament or are elected.

2. The Electoral Law of Bosnia and Herzegovina allows for the recount of votes, provided that this is done in accordance with certain requirements. In particular, the request to the Electoral Commission for the recount of ballot papers must be accompanied by precise reasons, the approximate number of ballot papers to be recounted must also be indicated, and, in addition, reasons must be given as to how the recount may affect the vote. If one of these requirements is missing, the request for revision of ballot papers cannot be accepted. Such a refusal by the Central Election Commission does not constitute a violation of electoral law.
(The candidate for mayor of the municipality of Drvar complained that the refusal to grant his request for the revision of ballot papers was unconstitutional, as it violated electoral law, which is enshrined in the Constitution).