The Coalition “Pod lupom” continuously highlights the problem of inconsistent and uneven practices in sanctioning electoral irregularities. Although the Central Election Commission of Bosnia and Herzegovina (CEC BiH) responds in certain cases, in other very similar situations it fails to identify elements of violations, even when they are clearly apparent. During the Early Elections for the President of Republika Srpska, the Coalition “Pod lupom” reported several cases in which the CEC BiH did not see elements of electoral violations, while in the case involving the political entity Serb Democratic Party (SDS), it did react—though in a manner that further raises questions about the purposefulness and consistency of its sanctioning policy.
By conducting its independent election observation mission, the Coalition “Pod lupom” reported to the CEC seven cases in which the political entity in question conducted premature campaigning in Šamac, Brod, Vlasenica, Milići, Zvornik, Rudo, and Foča (RS), and informed the public about these activities on social media.
Under the BiH Election Law, premature campaigning is prohibited. However, the political entity exploited provisions that allow internal meetings of party bodies and statutory organs, using them to “package” clear pre-election activities as routine internal events—whose evident purpose was to influence voters.
The political entity undoubtedly organized pre-election gatherings at a time when such activities were not permitted. Following reports submitted by the Coalition “Pod lupom,” the CEC BiH, at its 61st session held on 13 November 2025, imposed a fine of 7,000 BAM for premature campaigning, emphasizing that the sanction pertained to premature campaigning conducted on social media.
Although the CEC’s timely reaction is commendable and represents a step forward in improving the electoral process—aligned with one of the key recommendations of the Coalition “Pod lupom” regarding sanctioning political entities—the method and amount of the imposed fine indicate that the sanction is not adequate, which is also an integral part of that recommendation if penalties are to have full effect.
The CEC merged all seven cases—based on identical factual and legal grounds—into a single proceeding and issued one sanction for premature campaigning via social media. Unfortunately, despite one CEC member pointing out that the political entity had already been sanctioned twice before and that this case involved seven violations combined into one file, there was no willingness within the CEC to issue a stricter and more appropriate sanction.
This report highlights shortcomings in the practice of sanctioning electoral irregularities in two key areas. First, the political entity was able to organize pre-election gatherings in seven municipalities, exploiting gaps in the law, and was sanctioned only because these activities were posted publicly on social media. This does not prevent similar activities from happening again in the future—simply without online posts. Second, the fine of 7,000 BAM is disproportionately small, particularly given that premature campaigning occurred in seven municipalities and simultaneously online, thereby exerting significant influence on voters at a time when such actions are legally prohibited. Had the political entity received at least the minimum fine prescribed by the Election Law—3,000 BAM—for each of the seven violations, the total penalty would have been three times higher than the fine imposed.
The Coalition “Pod lupom” expresses skepticism that such sanctioning practices will have a deterrent effect or contribute to preventing electoral violations. The Coalition calls on the competent institutions to fully implement one of the key recommendations for better elections in BiH: timely and adequate sanctioning of all electoral irregularities.
