The Slovenian Democratic Party (Slovenska demokratska stranka – SDS) parliamentary group has requested that an extraordinary session of the National Assembly be convened to consider a draft recommendation to the Government of the Republic of Slovenia on the establishment of conditions for the legality of elections, the uniform application of legislation relating to electoral and referendum procedures, the guarantee of publicity, integrity, impartiality and objectivity in the work of the Commission, and the fairness of the conduct of elections and referendums.
Anyone who followed the latest elections to the National Assembly closely knows that the fight between the candidate lists and the political parties was also followed by a saga within the State Election Commission, headed by its Director, Dušan Vučko.
It started with unacceptable delays in sending ballots to the voters living abroad, which made it completely impossible for many eligible voters to vote by post, thereby impermissibly interfering with their constitutionally guaranteed right to vote. Some people even received the State Election Commission’s letter with the electoral material only after the elections had ended. The Commission ignored the comments made by the representatives on the lists, who said that the ballot papers should have been formatted differently. It also made an error in the handwritten certification of the candidate lists. And finally, it is worth pointing out that the State Election Commission also miscalculated which candidates were elected to the National Assembly.
And since too many things that happened in the situation in question were left unexplained, and the elections to the National Assembly finished with a questionable reputation regarding their legitimacy and legality, one of the members of the State Election Commission has submitted a proposal for the dismissal of the Director of the State Election Commission’s service.
The proposal for dismissal of the Director of the State Election Commission was made on the basis of Articles 14 and 18 of the Rules of Procedure of the State Election Commission, namely:
- For dereliction of duty, misconduct, neglect of duty and negligence in the management of the State Election Commission by failing to carry out the technical tasks for the proper publication of the provisional and partial results of the elections to the National Assembly. This has caused irreparable damage to the State Election Commission, as a result of the loss of confidence in that institution.
- For the negligent performance of his duties, which resulted in a 4-day delay in the printing of the ballot papers for the elections to the National Assembly, which meant that the ballot papers were sent abroad later than they should have been, thereby preventing a large number of eligible voters from voting by post from abroad. And at the same time, also due to the illegality in the procedure for the extraordinary dismissal of an employee of the State Election Commission, to whom he had shifted his responsibility and blame for the delay.
- For negligence in the performance of his duties by overlooking an e-mail from a list representative commenting on the formatting of the ballot papers.
- For acting contrary to the National Assembly Election Act by interfering with the competence of the State Election Commission by failing to inform the State Election Commission of the signatures of support received from Members of the National Assembly for the lists of candidates, and by confirming, without a decision of the State Election Commission, which lists of candidates were standing for the election with the signatures of at least three Members of the National Assembly.
At its 37th regular session, the State Election Commission rejected the above-mentioned proposal to dismiss the Director of the State Election Commission by a majority vote. Nevertheless, the bad reputation of the management of the service is still there.
And the latter was reinforced by a recent interview with a former long-serving employee of the State Election Commission and Assistant Director for the Organisation and Conduct of Elections and the State Election Commission, who received an extraordinary dismissal in May this year.
In the interview, she pointed out, among other things, that she had received a notification from the Labour Inspectorate, which had carried out an inspection of the State Election Commission at her initiative, for mobbing, bullying and an annual evaluation. It had found breaches of labour legislation, which had led to the imposition of a measure on the State Election Commission under the Minor Offences Act. It also pointed out irregularities in the systematisation of the post of Public Relations Adviser.
It is also important to note that the interview indicates that the Chairman of the State Election Commission, Peter Golob, often meets with selected members of the Commission at the close collegium of the Director of the State Election Commission, Dušan Vučko.
“I hope that there will be no expulsion of the media from the State Election Commission”
Such conduct certainly does not testify to integrity, impartiality and objectivity in the work of the State Election Commission, which, given the nature of the institution, its competencies and tasks, should be its primary concern. These matters have also been pointed out by the former long-serving Chairman of the State Election Commission, Anton Gašper Frantar.
In response to questionable proposals to hold part of the discussions on the dilemmas of electoral procedures before the meeting, which would no longer be allowed to be recorded, meaning at a “college of experts” that would be completely closed to the public, the former Chairman of the State Election Commission, Anton Gašper Frantar, said before the meeting of the Commission on the 13th of February 2020, “I hope that there will be no expulsion of the media from the State Election Commission.”
This special collegium would prepare “expert decisions” in private before the public sessions of the State Election Commission, which would only be publicly confirmed later by the Commission itself. Such a panel would give power to a small circle, which includes the Director of the Commission in question, Dušan Vučko, who is a former MP from the left-wing LDS party and former State Secretary, who does not otherwise have the right to vote in meetings.
The former Chairman of the State Election Commission, Anton Gašper Frantar, did not support the practice of holding closed sessions before the real meetings of the Commission because he considered it right to have an open public debate on the dilemmas of the conduct of elections. All dilemmas, all open questions concerning the conduct of electoral tasks, the exercise of the constitutionally enshrined right to vote, also concern the strain of political parties and not only those represented on the State Election Commission. And, above all, all voters.
The Government of the Republic of Slovenia and the State Election Commission should, within the scope of their respective competencies, ensure that all necessary measures are taken to increase public scrutiny of the work of the Commission and thus of the fairness of the conduct of the elections.
Thus, the Slovenian Democratic Party proposes that the National Assembly decide on the adoption of the following draft recommendation:
To the Government of the Republic of Slovenia concerning the establishment of conditions for the legality of elections, the uniform application of legislation relating to electoral and referendum procedures, for ensuring the publicity, integrity, impartiality, and objectivity of the work of the State Election Commission, and the fairness of the conduct of elections and referendums.
- The National Assembly of the Republic of Slovenia recommends to the Government of the Republic of Slovenia to prepare and adopt such solutions to the electoral legislation that will increase the control over the work of the State Election Commission, which carries out the electoral and referendum procedures; ensure equality of status in the electoral and referendum procedures, and ensure the legality, impartiality and objectivity of the work of the State Election Commission, and thus fairness of the conduct of the elections and referendums.
- The National Assembly of the Republic of Slovenia recommends to the Government of the Republic of Slovenia to prepare and propose for adoption such solutions that will establish the responsibility of the members of the State Election Commission and the State Election Commission Service in cases where there are mass irregularities in electoral work, negligent and careless performances of duties in the management of the State Election Commission and thus irreversible damage due to the loss of trust in the institution.
Citizens of the Republic of Slovenia must be ensured that the work of the electoral bodies is done in an impartial and objective manner, as this is the only way to ensure the legality and legitimacy of the electoral process.
Members of the SDS party thus believe that a debate should be held in order to ensure that the government will do everything in its power to increase public scrutiny of the work of the State Election Commission and thus of the fairness of the conduct of the elections.
Sara Kovač
