Resolution of Election Disputes

The Electoral College of the Court of Appeals of Tirana rules on complaints against decisions of the CEC. The Electoral College, consists of eight judges selected at random from a pool of eligible judges. It decides cases in panels composed of five judges. The panels are also chosen by lottery. Thirty-four appeals against CEC decisions were filed with the Electoral College. The Electoral College upheld 19 CEC decisions, overturned 9 decisions and returned 2 to the CEC for additional consideration. Five successful appeals concerned CEC decisions not to register parties’ multi-name candidate list. Three successful appeals related to the registration of independent candidates in the single member electoral constituencies. One successful appeal related to a CEC decision.

Observers attended most cases heard by the Electoral College. No political bias was apparent during the hearings or in rulings. All parties were given a fair opportunity to present their claims and in several cases were granted postponements in order to secure relevant evidence. In general, prior to the election, the Court fulfilled its obligation to adjudicate fairly and impartially. However, it may be called upon to make rulings regarding election day and to adjudicate appeals regarding CEC decisions on election results. The EOM will observe these cases paying close attention to how the College fulfils its obligation under Article 174/1 of the Electoral Code to provide reasoned written decisions.

The decision by the Mayor in Borough 2, not to register to vote 1,422 students at Universities in Tirana deserves a special mention. As a result, these students were not given an opportunity to vote in Tirana, although this was their legal right. As university officials decided to hold exams in Tirana on election day, students were in effect disenfranchised. Five of the students appealed the Mayor’s decision to the District Court of Tirana. Subsequently the DP filed a request to the CEC to impose sanctions on the Mayor. On 9 June, the Court ruled in favour of the students. However, it only ordered the registration of the five students who had lodged the appeal. Even these persons were not included in the voter lists because the final voter lists were already printed. It is highly problematic that these students were omitted from the voters list, not through any fault of their own, but due to the actions of government authorities. The CEC fined the mayor 80,000 LEK (approximately €670) for his actions in disenfranchising these voters. Such sanction appears to be inadequate to the infringement and may prevent criminal prosecution of the mayor.

Election Day – 3 July

Election day was generally peaceful. Nevertheless, a few violent incidents marred the process, including a fatal shooting in the vicinity of a voting centre (VC) in zone 37 in Tirana, and the activity of armed persons in election zone 65. Other notable incidents were reported in zones 25 and 26, which caused an interruption in observation activity, and zones 38, 63, and 79. Parties alleged violent incidents took place in zones 4, 10, and 34. Observers reported 14 violent incidents at VCs.

Despite the sometimes tense atmosphere (11% of VC visited), the members of a large majority of VCCs (96%) co-operated well with each other to conduct polling. In the large majority of cases, Police respected their legal obligation to remain outside voting centres. However, unauthorised persons were interfering in the process in 4% of VC visited.

While election observers received a relatively high number of allegations of serious irregularities from a variety of quarters, including allegations of vote buying, few were substantiated or observed directly. Most written complaints received by the OSCE/ODIHR EOM emanated from the SP and the SMI. Formal complaints were filed in 6% of VCs. Observers were informed that some 700 families were unable to participate in the election due to the continued practice of traditional blood feud. In a very few areas, observers received allegations that blank birth certificates were issued illegally.

A considerable number of voting centres did not open on time, with particular problems in zone 26 and in zone 2, where several could not open at all. Interruptions in polling were reported in 8% of VCs visited and overcrowding in some 9%. Access to polling stations was difficult in 14% of voting centres, which could have affected the voting of disabled citizens. However, provisions that allowed blind persons to vote unaided were a welcome innovation.

Observers reported that voters were turned away from 51% of VCs visited, because their names were not on the voter list. While this figure appears high, in a large majority of instances, the problem appeared to affect relatively few voters and the problem occurred much less frequently than in earlier elections. Where the problem occurred, many VCCs directed citizens to information points at ZECs to check if they were registered elsewhere. However, the few cases where discrepancies existed between the final voter list posted at VCs and the voter list given to VCCs are of concern. Observers reported isolated cases where a small number of voters were prevented from voting due to the misspelling of their names. Most VCCs were aware of the late adopted CEC decision to retain voters’ birth certificates. In many cases, voters who could not prove their identity with a second document or whose birth certificate had expired were prevented from voting until other identity documents were produced.

While some procedures were generally respected, such as the proper sealing of ballot boxes, others were not. Specifically, observers noted that some VCCs, particularly in rural areas, did not check voters IDs properly (6%), rarely or never checked voters for traces of ink (19%), or did not apply the ink (11%), reducing the effectiveness of safeguards preventing multiple voting. Voters did not sign the voter lists and have their names crossed in 5% of VCs. This might have complicated ballot reconciliation at a later stage of the process. The secrecy of the vote was not adequately respected in 13% of VCs. While so-called ‘family voting’ occurred less frequently than previous elections (observed in 10% of VCs), it remains a persistent and serious problem, particularly in rural areas. The late nomination by political parties of VCC members resulted in those members missing training sessions, and may have contributed to the apparent lack of familiarity with the procedures.

These factors had a negative effect on observers’ overall assessment of the process. In general, polling was assessed less positively in the northern prefectures (Shkodër, Lezhë, Kukës and Dibër) and southern prefectures (Vlorë and Gjirokastër), than in other areas. Overall, observers rated the process negatively in 11% of voting centres visited, while they assessed it positively in 67%.

In general, VCs closed on time and observers reported that those waiting in line were able to cast ballots. The closing procedures were largely respected. However, copies of polling records were not systematically given to those that were entitled to receive them.

The Vote Count

At ZECs, some ballot boxes were deemed to be ‘irregular’ and hence their condition will require investigation by the CEC (31 cases reported). On occasions these boxes were not segregated and secured as required by law. Most counting centres (CCs) were located in adequate premises, but observers reported space was insufficient in about a quarter of CCs observed. Regrettably, one team of observers (in Lezhë District) was expelled from a counting centre. During the receipt of election material, observers reported a tense atmosphere in 29% of CCs and two violent incidents. The organisation of the receipt of the material was assessed as poor in nine CCs. The training of the counting teams, which began at a very late stage of the process due to the late nomination deadline and, in some cases to the late arrival of counting teams members, was frequently inadequate.

EOM observers have continuously followed the process of the delivery of election material to the counting centers, as well as vote count and tabulation in 82 Election Zones. In all counting centers observed, the vote count started only after all voting centers delivered protocols. Additional commentary on the counting process will be issued in due course.

Domestic Observation

The relatively high number of observers from domestic civil society organisations including the Albanian Committee Against Corruption and the Albanian Youth Council as well as the multiparty composition of VCCs helped assure the transparency of the process. Domestic non partisan observers were clearly identified by EOM observers in 28% of VCs. EOM observers reported that party observers were present in 94% of VCs visited and in 95% of CCs.

This statement is also available in Albanian. However, the English language version remains the only official document.