The Serbian Administrative Court has upheld the decision of the Republic Election Commission (RIK) regarding the voting procedures for Serbian citizens residing abroad in the upcoming parliamentary elections on October 25. The court dismissed two appeals filed by the electoral list “Studentska lista – Studenti pobeđuju,” which challenged the commission’s determinations on voting hours and the establishment of polling stations for the diaspora.

In its ruling dated October 16, the court confirmed that the voting at foreign polling stations will last for 13 hours, concluding by 8 PM Serbian time. This decision aligns with the RIK’s interpretation of the Law on the Election of Members of Parliament. The “Studentska lista” had contested this arrangement, advocating for voting to occur from 7 AM to 8 PM local time in each country, provided it concludes by 8 PM Serbian time. They cited locations such as Australia, New Zealand, Chicago, and New York, where the current schedule would require voting during nighttime hours.

The court’s decision emphasized that the legal provision mandating continuous voting from 7 AM to 8 PM should be interpreted alongside the provision allowing RIK to determine voting times abroad, considering different time zones. It further noted that previous decisions by the commission to organize voting according to local time were not binding for the current elections. The court highlighted that past decisions from 2016, 2017, 2020, and January 2022, which followed local time, were not based on current legal stipulations. Moreover, decisions from March 2022 and November 2023 did not establish a precedent requiring special justification for deviation.

The court also rejected the “Studentska lista’s” appeal concerning the lack of polling stations in certain foreign cities. The list had argued that polling stations were not designated in several cities, including Manama, Sofia, Santiago, Havana, Doha, Bucharest, Timișoara, Bratislava, Istanbul, Ankara, Abu Dhabi, and Dubai. They claimed that this decision imposed additional costs and logistical challenges on voters. The court upheld the RIK’s decision, stating that the Ministry of Foreign Affairs is authorized by law to propose polling station locations abroad, and the commission’s decision was based on these proposals. The court noted that the criteria for establishing polling stations include having between 100 and 2,500 registered voters, and exceptions for fewer than 100 voters apply only within Serbia, not abroad.

The “Studentska lista” had sought to have the court either decide on the organization of voting itself or return the matter to the commission for reconsideration. However, the court found the arguments presented insufficient to alter the RIK’s decision.

This ruling has significant implications for the voting process of the Serbian diaspora, which has historically faced challenges in participating in elections. The decision underscores the complexities involved in organizing voting for citizens living abroad, a recurring issue in Serbian elections. While the court’s ruling provides clarity on the legal framework governing these elections, it leaves unresolved questions about the potential impact on voter turnout among the diaspora and the accessibility of polling stations for all eligible voters.