Based on article 64.2 item (a) and (b) of Law no 03/L-073 on General Elections in Republic of Kosovo and Law no. 03/L-256 on Amendment of Law no. 03/L-073 on General Elections in Republic of Kosovo and article 20, 29.1 of Law no 03/L-072 on Local Elections in Republic of Kosovo, Central Election Commission on 02.07.2013 issues: ELECTION REGULATION NO. 11 / 2013 THE CODE OF CONDUCT FOR POLITICAL ENTITIES, THEIR SUPPORTERS AND CANDIDATES Article 1 Purpose of the Code of Conduct The Code of Conduct for Political Entities and their supporters and candidates has the purpose of establishing conditions under which the people of Kosovo may choose their representatives in free, fair and well-informed elections within a climate of democratic tolerance, peace, and respect for the rule of law. Article 2 Definitions 2.1 EPAC- shall mean the Elections Panel on Appeals and Complaints, an independent body in charge of adjudicating complaints and appeals concerning the electoral process. 2.2 Candidate shall mean a candidate for Member of the Kosovo Assembly, who runs in the name of a political party or citizen initiative. 2.3 Polling Centre (PC)- shall mean building where one or more than one Polling Station is located for the purpose of voting in the elections and shall include the public area within a radius of 25 meters of the entrance of the building; 2.4 Political Entity shall mean a Political Party, Coalition, Citizens’ Initiative or independent candidate; Article 3 The Responsibilities of Political Entities, their Supporters and Candidates 2.1 This Code is binding on all Political Entities, candidates, members of Entities, and their supporters. 2.2 The ECAP shall have jurisdiction to adjudicate allegations that the provisions of the Code have been breached and impose sanctions and remedies in accordance with its procedures. 2.3 Political Entities shall effectively inform their members, supporters and candidates of the provisions of the Code. 2.4 Political Entities shall make all reasonable efforts to prevent their members, supporters and candidates from violating the Code. 2.5 Political Entities shall be responsible for violations of the Code committed by their members, supporters and candidates. 2.6 A Political Entity may submit evidence to the ECAP showing that it made reasonable efforts to prevent and/or discourage its members, supporters and candidates from violating the Code. Such evidence may be considered in determining an appropriate sanction, and may include evidence that: a) The Political Entity has informed its members, supporters, and candidates of the provisions of the Code and the need to comply with its provisions; b) The Political Entity and its candidates have spoken out publicly in the condemnation of violence, threats of violence, or intimidation during the electoral process; c) The Political Entity has publicly and actively reprimanded its members, supporters, and candidates for any violations of applicable laws pertaining to elections; d) The Political Entity has not encouraged, incited, or abetted its members, supporters, and candidates to violate the Electoral Rules in the particular case or in any other cases; and e) Any other evidence regarding the Political Entity's efforts to prevent its members, supporters, and candidates from violating the Electoral Rules. 2.7 Each candidate shall sign a statement confirming that he or she will comply with all applicable legislation and support the full implementation of the certified election results. Article 4 Prohibited Actions 3.1 During the pre election campaigning period a Political Entity, shall be prohibited from doing any of the following: a) Removing, covering, destroying, or altering any printed notice, placard, poster or other material, which is used for the purpose of election campaigning by another Political Entity; b) displaying notices, placards and posters, or otherwise placing their names or slogans related to the election campaign, in or on public buildings or structures, on or above public roads, on public road traffic signs, in or on premises or structures occupied or otherwise used by international organizations, or in private premises without permission of the owners or users; c) carrying or displaying weapons of any kind at political meetings or during any events related to the activities of Political Entities. The carrying of weapons by other persons at political meetings/events is permitted only if the persons carrying such weapons have been authorized to do so by the appropriate authorities and the Kosovo Police have been notified in advance that such weapons will be carried at given meetings; d) disturbing meetings of other Political Entities or inciting others to do so; e) preventing or attempting to prevent journalists from carrying out their professional functions; f) promising any financial reward for the purpose of gaining support of voters; g) threatening, or attempting to threaten, other Political Entities or their supporters or candidates; h) encouraging any person to vote in an election who has no legal right to vote; i) encouraging a person to vote more than once in the same election, or to vote in the name of another person; j) abusing the right to complain, or making false, frivolous or vexatious complaints or submissions to the ECAP; k) using language, in oral or written form, which incites or provokes, or is likely to incite or provoke, another person to commit an act of violence against other persons or property, or which incites or is likely to incite hatred towards others, or publishing or using pictures, symbols or any other material that has or is likely to have such effects; or l) for the purpose of promoting a Political Entity or its candidates using pictures, symbols or any other material which refers to a person who: i. is serving a sentence imposed by the International Criminal Tribunal for the Former Yugoslavia; or ii. is under indictment by the Tribunal and has failed to comply with an order to appear before the Tribunal. Article 5 Intimidation and Violence during the Electoral Process 4.1 The use or threat of use of violence of any kind by Political Entities, their members, supporters or candidates, is strictly prohibited 4.2 No Political Entities or candidates shall encourage, support or approve of violence, threats of violence or intimidation, during the electoral process. Each Political entity shall inform its members and supporters of the need to avoid such behavior. 4.3 Election campaigns shall be organized in such manner that a congenial and peaceful atmosphere prevails during the campaign period. Article 6 Prohibited Actions by Public Employees 5.1 A person who holds a public office, elected or appointed, may not use such office or any of its resources for the purpose of obtaining votes. No resource of any institution of the public administration at a central or local level or any enterprise owned or controlled by central or local authorities can be used or applied in support of a political entity in an election 5.2 No political entity shall, during the course of an electoral campaign period, encourage or take advantage of a public employee using his or her public position to campaign for a political entity. Article 7 Prohibited Actions Prior to Polling 6.1 During the twenty-four (24) hour period prior to the opening of Polling Stations for the casting of the vote, and until their closing, political entities, their supporters or candidates, are prohibited from doing any of the following: a) distributing or otherwise displaying at any Polling Centers, or within of 100 meters of it, any kind of materials for the purpose of influencing voters, or providing support to people who are waiting to vote at a polling stations or polling centers; b) campaigning in any manner; c) using megaphones or other systems to address the public in any place in Kosovo for the purpose of influencing voters; d) using local or international media for the purpose of influencing voters. Article 8 Acceptance of Election Results All political entities, their supporters and candidates, are obliged to abide by the results of the elections and to support the full implementation of the certified election results. Article 9 Sanctions for Violations of the Principles of the Code 8.1 The violation of anyone of the articles of the Code of Conduct set forth in this Chapter, in cases when these violations have not affected the election result, is an administrative offence and is punishable with a fine as determined by ECAP. 8.2 The violations of the Code of Conduct determined by ECAP that have attempted to affect the elections results constitute a criminal offence pursuant to the Criminal Code of Kosovo. Article 10 Final and transitional provisions With entry into force of this regulation, Election Regulation no 11/2009 the Code of Conduct for Political Entities, their Supporters and Candidates, of date 25.06.2009 is abolished. Article 11 Entry into force This regulation enters into force on 02.07.2013. President of Central Election Commission Valdete Daka 1