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Republic of Kosovo Republika e Kosovës-Republika Kosova Paneli Zgjedhor për Ankesa dhe Parashtresa Izborni Panel za Zalbe i Predstavke Elections Complaints and Appeals Panel A.no. 367/2019 Elections Complaints and Appeals Panel (ECAP), Panel composed of Judges: Gyltene Sylejmani Chairperson, Faton Ademi and Adnan Konushevci members with participation of legal official Besart Ademi, deciding on the complaint submitted by the candidates of NISMA-AKR-PD Coalition, Behxhet Pacolli, Islam Pacolli, Mirlinda Sopi-Krasniqi, Valdrin Lluka, Refiqe Ternava and Sedat Ismajli against Central Election Commission (CEC) due to irregularities during counting of the votes on Early Elections for Assembly of Republic of Kosovo dated on 06.10.2019, at the panel session held on 10.10.2019, made the following : DECISION To dismiss as impermissible the complaint submitted by the candidates Behxhet Pacolli, Islam Pacolli, Mirlinda Sopi-Krasniqi, Valdrin Lluka, Refiqe Ternava and Sedat Ismajli from NISMA-AKR-PD Coalition on Early Elections for Assembly of Republic of Kosovo dated on 06.10.2019, submitted against Central Election Commission (CEC), Reasoning On 10.10.2019, ECAP has received a complaint submitted by the candidates Behxhet Pacolli , Islam Pacolli, Mirlinda Sopi-Krasniqi, Valdrin Lluka, Refiqe Ternava and Sedat Ismajli from NISMA-AKR-PD Coalition submitted against Central Election Commission (CEC) claiming that the votes gained within NISMA-AKRPD Coalition have resulted to be in discrepancy with their results as candidates which are presented in the result form of the candidates and the real data which were received by observers and commissioners. Further they claim the discrepancy occurred in most of the polling stations in Malishevo, Prizren, Klina, Peja, Ferizaj and Drenas and asked for the recounting of the same polling station. Panel, upon preliminary examination of the permissibility of the complaint, found that Complaint is impermissible Panel did not conduct at all the review of permissibility of the complaint allegations concerning the alleged allegations in the complaint concerning the alleged irregularities during the counting of votes and the discrepancy of the results in most of the polling stations in Malishevo, Prizren, Klina, Peja, Ferizaj and

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Pacolli v. Central Election Commission

Judgment

Question Presented: Whether the court may hear the merits of a complaint on the voting counts are most polling stations.

Alleged Acts: The plaintiffs allege that the votes for their political party diverged between the result form and the observations of commissioners.

Summary: The violations alleged by the plaintiffs are directly linked to the voting results and are therefore required to adhere to the ECAP's law requiring complaints to be submitted 24 hours after the violation occurs.

Conclusion: The court need not consider the merits of the case because the complaint is premature. The plaintiffs may refile within 24 hours of the official election results.

Legal Issue(s)

Civil Procedure
Vote Form Irregularities

Applicable Law(s): L.G.E. art. 118; ECAP Rules & Procedure (Kosovo).

Region: Europe and Eurasia

Country: Kosovo

Language of Decision

English

Court: Electoral Court

Election Type: General

Date of decision: Oct 10, 2019

Geolocation

Latitude: 42.66767183

Longitude: 21.17066236

: Geolocation

Primary Documents

wDPEysH2.pdf
english
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