Article 29 Participation in Political and Public Life

327. In the legal system of the Republic of Serbia the voting right has been regulated in the Law on Election of the MP's ⁶⁰ (LEMP) by prescribing that the right to vote and be elected for a representative to the National Assembly of the Republic of Serbia has every citizen with residence in the Republic of Serbia, who: 1) is also a citizen of the Republic of Serbia; 2) has legal capacity; 3) is over 18 years of age.

Note #60

Official Gazette of RS, Nos. 35/00, 69/02, 57/03, 72/03, 75/03, 18/04, 85/05, 101/05, 109/06 and 104/09

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328. Also, the Law on Election of MP's prescribes that a voter not able to vote personally at polling station (a blind person, a person with disability, an illiterate person) has the right to bring with himself/herself another person who will fill in the ballot instead of him/her in the manner to be determined by him/her and perform voting respectively (Article 72 paragraph 1). The voting procedure under the circumstances of a voter not being able to vote at the polling station – a person unable or prevented from voting (Article 72а). Likewise, the Law on Local Elections ⁶¹ (LLE) prescribes that a voter may also vote outside a polling station at which he/she had been registered in the electoral poll, under the conditions and in the manner established by this Law (Article 33 paragraph 2).

Note #61

Official Gazette of RS,Nos. 129/07 and 34/10- amended by the Decision of the Constitutional Court

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329. The method of direct profession of citizens has been established in the Law on Referendum and National Initiative ⁶² (LRNI). Pursuant to this Law, the regulations on election of representatives shall be directly applied to the method of direct profession of persons who are not able to vote at polling stations, and vote on their own respectively, which govern the method of voting of such persons (Article 20 paragraph 3).

Note #62

Official Gazette of RS, Nos. 48/94 and 11/98

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330. It follows from the provisions of the LEMP and the LLE that the principle of free, general equal and direct voting right had been fully applied, and that all citizens of the Republic of Serbia have active and passive voting rights under the absolutely same conditions.

331. The amendments to the election laws in 2004 allowed persons with disabilities who cannot move or persons with disabilities who walk with difficulties to vote at homes, encircling ballots to be brought to them by the members of the electoral commission in private and putting the ballots concerned in sealed envelopes to be handed over to the members of the commission who will then put it in the electoral box at the polling station. The amendments to the election laws in 2007 made it possible to organize voting for persons with disabilities residing at the institutions for long-term placement.

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