Bosnia and Herzegovina

Article 1.10, paragraph 1 states:

The term of office of an elected member of a body of authority at all levels shall terminate before the expiration of the mandate for which he or she was elected if:…

• (5) on the day when a court decision becomes final and binding by which he or she has been deprived of legal capacity (declared mentally incompetent);…
• (8) for a reason stipulated by law that he or she loses the right to be elected.

Article 2.15, paragraph 1 states:

In the event a member of an election commission resigns, dies, becomes incapacitated, is removed from the commission or cannot be a member of a election commission or Polling Station Committee as established in Article 2.3 of this law, the new member of the body shall be appointed in the same manner that the previous member was appointed.

Article 2.16 states:

• …(2) If a member of a municipal election commission has a prolonged absence with a valid reason, a new member of the municipal election commission shall be appointed pursuant to Article 2.12, Paragraph 5 of this Law, as his/her replacement for the period of absence.
• (3) The valid reasons in terms of the preceding Paragraph shall include illness, education, professional training and other reasons regarded valid by the authority to appoint the municipal election commission.

Article 4.20 states:

The name of a candidate on a political party, coalition or independent candidates list may not be withdrawn after the candidates list is certified by the Central Election Commission of BiH. If the candidate is incapacitated or rejects the mandate after the election results are certified by the Central Election Commission of BiH, the name of the candidate shall be removed from the candidates list and the mandate shall be allocated in accordance with Article 9.10, except for lists in cantons and municipalities which shall be allocated in accordance with Article 13.5. The candidate, or in the event that the candidate is incapacitated, his or her representative must submit the rejection of the mandate in writing to the Central Election Commission of BiH. A candidate may not withdraw his or her candidacy before the certification of the election results.

Article 4.23, paragraph 2 states:

Following the certification of the candidates lists and until such time as the printing of ballots has commenced, a political party, coalition and independent candidate list shall be entitled to replace a candidate on the list only in case of death of the candidate or if in the meanwhile the candidate has become incompetent for candidacy as provided by this Law.

Article 8.4 states:

If a Member of the Presidency of BiH vacates his or her office for any reason, or is unable to permanently or temporary carry out his or her functions due to incapacitation, then the Member’s replacement for the Presidency shall succeed to the office of Presidency held by the Member in accordance with the Law on Filling a Vacant Position of the Presidency of BiH during the mandate.

Article 8.6 states:

It shall require a decision of the Constitutional Court of BiH to determine that a Member of the Presidency of BiH is unable to permanently carry out his or her functions due to incapacitation.

Article 8.7 states:

• (1) The Constitutional Court of BiH may decide that a Member of the Presidency is unable to carry out his or her functions due to temporary incapacitation.
• (2) In the event that a Member of the Presidency is unable to carry out his or her functions due to temporary incapacitation, as determined under paragraph 1 of this article, then the Member’s replacement shall assume the rights, duties, and responsibilities of the incapacitated Member of the Presidency until a decision is made by the Constitutional Court of BiH that this Member is no longer temporarily incapacitated.

Article 10.17, paragraph 1 states:

If there is a vacancy due to death, resignation, or permanent incapacitation of a delegate in the House of Peoples of the Parliament of the Federation of BiH, then the vacancy shall be filled by the next eligible candidate from the same list which contained the candidate who died, resigned or is permanently incapacitated.

Article 11.14, paragraph 1 states:

If there is a vacancy due to death, resignation or permanent incapacitation of a delegate to the Council of Peoples in the Republika Srpska, then the vacancy shall be filled by the next eligible candidate on the same list as the delegate who died, resigned or is permanently incapacitated.

Excerpts from the Election Law of Bosnia and Herzegovina (2001, last amended 2013)