First instance body dealing with electoral disputes

North Macedonia, Republic of

North Macedonia, Republic of

Answer
Administrative Court
Source

Article 31. The StateElection commission shall […]

(2) 4. Controlthe legality of the work of the election bodies and undertake measures in casesof determined legal violations in the preparations, the procedure forcandidacy, the administration of the elections and the determining of theelection results, as well as in case of violation of the instructions andrecommendations issued by the State Election Commission.

18. Confirm witha decision the adopted lists of candidates or reject the same in cases whenthey are not composed in accordance with the provisions of this Code;

Article 67.

(1)  TheState i.e. Municipal Election Commission i.e. Election Commission of the Cityof Skopje from article 66 of this Code, shall, upon the receipt of the lists ofcandidate i.e. candidates, examine whether they have been submitted within theprescribed deadline and whether the lists have been compiled in accordance withthe provisions of this Code.

(2)  Shouldthe State i.e. Municipal Election Commission i.e. Election Commission of theCity of Skopje determine that there are irregularities in the list, it shallcall upon the authorised representative of the submitter, i.e., the firstsigned candidate for Member of Parliament, to eliminate the irregularitieswithin 48 hours from the receipt of the lists.

(3)  Shouldthe State i.e. Municipal Election Commission i.e. Election Commission of theCity of Skopje determine that the lists have been submitted within theprescribed deadline and have been compiled in accordance with the provisions ofthis Code, i.e. the irregularities and the omissions have been eliminated bythe lists submitters within the deadline set in paragraph 2 of this article, itshall confirm the submitted lists with a decision.

4)  Shouldthe State i.e. Municipal Election Commission i.e. Election Commission of theCity of Skopje determine that the lists have not been submitted timely, i.e.the irregularities and the omissions have not been eliminated by the listsubmitters within the deadline set in paragraph 2 of this article, thesubmitted lists shall be rejected with a decision within 24 hours from thereceipt of the lists.

(5)  Againstthe decision of the Municipal Election Commission i.e. Election Commission ofthe City of Skopje stipulated in paragraph 4 of this article, lawsuit may besubmitted to the Administrative Court, within 24 hours upon the receipt of thedecision.

(6) Against the decision of the State Election Commission from paragraph 4 ofthis article, a lawsuit may be submitted to the Administrative Court throughthe State Election Commission within 24 hours upon receipt of the decision.

(7)  TheAdministrative Court is obliged to take a decision within 24 hours upon receiptof the lawsuit.

(8) Submitting complaints and lawsuit by post shall not be permitted.

(9)  Filingcomplaints and lawsuits on the voting in electoral districts in Europe andAfrica, North and South America and Australia and Asia may not be done by postand shall be done through the official representative of the candidates forthose 
electoral districts in the Republic of Macedonia.

OSCE Unofficial Translation of the Electoral Codeof the Former Yugoslav Republic of Macedonia as of 13 November 2012,

published in the Official Gazette 40/2006Amendments published in the Official Gazette 136/2008, 44/2011 and 51/2011Corrigenda published in the Official Gazette 148/2008, 155/2008, 163/2008 and142/2012 (Consolidated version) http://www.venice.coe.int/webforms/documents/?pdf=CDL-REF%282013%29013-e

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