The Central Election Commission of BiH (CEC) did not penalize 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 exploiting children for political purposes. The law clearly stipulates that any form of campaigning is prohibited during this period, especially the exploitation of children and their involvement in activities that may be associated with political promotion.
However, after conducting the procedure, the CEC concluded that there was no violation of the law on two grounds. At the session itself, it was stated that there were no party insignia and logos on the promotional materials, although they are clearly visible in the photographs.
In the procedure, it was determined that there were no party insignia, party logos, or political messages of any kind during the visit to these institutions. The party’s statement indicates that the women’s activist group regularly visits these categories, vulnerable categories, and in this sense, we were unable to establish responsibility for 7.1 (premature campaigning) and 7.3.8 (exploitation 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 TI BiH’s complaint relating to the promise of monetary rewards to gain voter support should be forwarded to the City Election Commission of Prnjavor.
The controversial post was removed from the SNSD Prnjavor page, and the photographs clearly show that promotional materials with party insignia were distributed at these events.
Free transportation for pensioners
In another decision, the CEC refused to conduct a new procedure and sanction PDP and the Mayor of Banja Luka, Draško Stanivuković, for misusing the campaign promoting free transportation for pensioners in Banja Luka.
TI BiH reported this case because it involves budget allocations that are timed before the elections and are being 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, while only regular budget subsidies are exempt from the ban.
The CEC previously refused to sanction PDP and Stanivuković, explaining that these are “regular allocations that have been implemented in previous years” although the coordinator for card distribution herself stated that this activity is being implemented for the first time, meaning that “for the first time in the history of Banja Luka, pensioners will receive free public transportation”.
In addition, the mayor held a series of gatherings where cards for free transportation were publicly distributed to pensioners, and several promotional billboards and posters were placed at these events and throughout the city.
TI BiH submitted a request to the CEC to reopen the procedure with additional evidence clearly showing Draško Stanivuković’s personal logo on posters promoting free transportation for pensioners with the slogan “Draško Stanivuković – more than words“. However, the CEC refused to conduct a new procedure because the current mayor’s candidacy for a new term has not yet been certified.
SNSD and SDA sanctioned for premature campaigning
In addition to these two decisions, the CEC, based on TI BiH’s complaints, sanctioned SNSD in Trebinje and SDA in Visoko with 3,500 KM each for premature campaigning at Thursday’s session, but these parties were not sanctioned for misuse of public resources.
SNSD promoted infrastructure works on lighting, bridge construction, and roundabout construction, as well as scholarship distribution on social media, but the CEC determined that there was no misuse of public resources because it again involves regular budget allocations.
In a similar case, SDA Visoko promoted several streets on social media where asphalt was laid and sewage, rainwater, and water supply networks were reconstructed, with the slogan “we work and build for a better Visoko”. The sanction was imposed only for premature campaigning, but not for misuse of public resources because, as stated in the decision without detailed explanation, “the available evidence does not suggest that this is a misuse of public resources”.
TI BiH has pointed out in previous years that the intensification of public works and distribution of one-time assistance to citizens before elections is the most common form of misuse of public resources. This is sufficiently evidenced by the fact that before the last elections, all levels of government distributed almost 313 million KM in one-time payments to pensioners, youth, veterans, and social categories, most often through one-time installments of 100 KM.
What is considered misuse of public resources
New amendments to the law have introduced significant provisions that prohibit such direct or indirect vote buying, including providing one-time monetary or non-monetary assistance to citizens, unless the provision of such assistance is planned within regular budget subsidies.
In TI BiH’s opinion, regular subsidies are considered 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 TI BiH’s opinion, can be considered misuse.
However, the CEC has, through a series of decisions, completely undermined this significant legal provision (Article 7.2a, paragraph 2, point h) for which no one has yet been sanctioned based on TI BiH’s complaints, as explanations were accepted in which authorities stated that funds for these one-time assistance were “planned in the budget”, completely ignoring the fact that these are not regular monthly or annual subsidies.
In a previous case regarding a one-time payment for a prom night in Nevesinje, the CEC also determined that there was no misuse of resources, stating in the decision that the Municipal Assembly allocated funds for this one-time assistance “from the budget reserve which represents part of the planned budget funds”.
TI BiH believes that this interpretation has completely undermined this legal provision and that parties will be able to continue misusing public resources for indirect purchase of voter support before elections in the coming period.
