General Right to Vote
Constitution
(2007)

• Article 45 states, “The right to elect and stand for elections shall be granted to the citizen of Montenegro who is 18 years of age or above and who has minimum two years of residence in Montenegro. The electoral right shall be exercised in elections. The electoral right shall be general and equal. Elections shall be free and direct, by secret ballot.”

Electoral Law
Law on the Election of Councilors and Representatives
(1998, last amended 2006)

• Article 11, section 1 states, “A citizen of Montenegro, who has come of age, has the business capacity and has been the permanent resident of Montenegro for at least twenty four months prior to the polling day shall have the right to elect and be elected a representative.”
• Article 11, section 2 states, “A citizen of Montenegro, who has come of age, has the business capacity and has been the permanent resident of Montenegro for at least twenty-four months prior to the polling day, and a citizen residing on the territory of the municipality, namely urban municipality, as the constituency for at least 12 months prior to the polling day shall have the right to elect and be elected a councilor. “

Exclusion Based on Intellectual Disability
Electoral Law
Law on the Election of Councilors and Representatives
(1998, last amended 2006)

• Article 11 states the requirements to elect and be elected as a representative of councilor (see above section). These require an elector or candidate to “have the business capacity.”

Exclusion Based on Physical Disability
Electoral Law
Law on the Election of Councilors and Representatives
(1998, last amended 2006)

• Article 46, section 2 states, “The following documents shall be submitted together with the electoral list to the election commission...(i) a written statement of the candidate of his acceptance of the candidacy...(v) a written consent of the first candidate if his name is included in the title to the electoral list.”
• Article 69, section 4 states, “The voter shall confirm receiving the voter ballot by signing the special book of voters, which content shall be defined by the Republican Election Commission.”

Voter Assistance
Electoral Law
Law on the Election of Councilors and Representatives
(1998, last amended 2006)

• Article 84, section 1 states, “An elector who cannot case his vote in person (for reasons of his blindness, disability or illiteracy) has a right to bring another person with him who shall, in his stead, and according to his instructions, mark the ballot, that is perform the voting procedure.

Off-Site Voting
Electoral Law
Law on the Election of Councilors and Representatives
(1998, last amended 2006)

• Article 85, section 1 states, "An elector who cannot vote at the polling station (handicapped persons or those prevented in some other way) shall inform the Polling Board whether he wishes to vote. The Polling Board shall, through its member in charge of voting outside polling stations, enable such an elector to cast his vote, by post, in a manner ensuring directness and secrecy of voting.”
• Article 85, section 2 states, "After being informed of the elector's inability to come to the polling station to cast his vote, the Polling Board shall, through its member in charge of voting by post, deliver to the elector the official envelope containing the stamped ballot paper, general electoral list, and a special envelope in which to put his marked ballot paper."
• Article 85, section 3 states, "After the elector has voted, he shall place the ballot paper in the separate envelope which is then sealed and wax-stamped in his presence by the member of the Polling Board. The closed envelope containing the ballot paper is then placed into the official envelope which is sealed in the presence of the elector by the member of the Polling Board."
• Article 85, paragraph 4 states, "The member of the Polling Board in charge of voting outside polling stations shall deliver the official envelope to the Polling Board which shall then open it, circle the ordinal number before the elector's name in the extract from the Register of Electors, and place the closed envelope containing the ballot paper into the ballot box."
• Article 85 concludes, "(5) The manner of voting referred to in Para. 1 of this Article shall be entered into the Record. (6) More detailed instructions on the manner of voting referred to in Para. 1 of this Article shall be prescribed by the Republican Election Commission."

• Constitution - http://aceproject.org/ero-en/regions/europe/ME/the-constitution-of-the-republic-of-montenegro-su/view
• Law on the Election of Councilors and Representatives - http://www.legislationline.org/documents/action/popup/id/3765