with which we require from ECAP to order CEC to transport for counting to CRC, 4,639 packages with
ballots sent via post service by citizens who live outside of Kosovo.
CEC through its response to appeal, on 17.10.2019 mentioned that at the meeting of CEC dated 12.10.2019
number 50/2019, one of the meeting agenda items was the report concerning the process of voting outside
of Kosovo. The report on receipt of the packages with ballots from voters outside of Kosovo, of Department
of Elections Operations-Election Service Division, notified CEC concerning the receipt of the post mails
after the deadline for the voting via post mail, that on 10 October 2019, at the post number 6, there were
4058 post mails received and which are considered as postal deliveries received after the deadline of the
voting via post service. Further they mention that in the report of ESD it is ascertained that upon the
counting and verification of these envelopes, those post deliveries have been sent to Kosovo within the
voting period. The considerable number these post deliveries, as the sent date have the dates 19, 20, 23, 25
up to 30 September 2019 and based on Article 96.2 of LGE and rule 03/2013 voting outside of Kosovo,
item 4.4, votes from outside of Kosovo shall be accepted by CEC 24 hours before the Election Day.
Panel, pursuant to Article 3 paragraph 8 of Rules and Procedures of ECAP, decided to treat the complaint
in question as an appeal, considering that in this case such treatment is the adequate one.
Panel, in review upon assessment of the allegations of the parties in the procedure, evidence in the case
files and Judgement of Supreme Court A.A -U.Zh. no.19/2019 on 25.10.2019 found that:
The appeal is ungrounded.
From the case files it derives that: amongst the parties in procedure, in this case it is not disputable that
4,639 packages with ballots from voters outside of Kosovo, were received by CEC from 08.10.2019 to
11.10.2019, after the election date of 06.10.2019, it is not disputable that these packages with ballots were
delivered by voters outside of Kosovo via post service in the states where they live from dates 19.09.2019
to 30.09.2019.
It is disputable in this case the matter of validity of these packages with ballots as valid ones because CEC
has received the same after the legal deadline on accepting of the packages with ballots from voters outside
of Kosovo.
Panel, ascertains that the allegations of the appellant are unsustainable and legally ungrounded because
CEC acted fairly when 4,639 packages with ballots of voters outside of Kosovo, which were received by
CEC from 08.10.2019 to 11.10.2019, did not transport them to CRC, for regular proceeding and counting
because: Article 96 paragraph 2 of Law on General Elections (LGE) provides as follows:’ An Out of Kosovo
Vote should be received by the CEC prior to election day as determined by CEC rule”, whereas Article 4
paragraph 4 of Election Rule no.03/2013 provides the following:’ the votes outside of Kosovo shall be
accepted by CEC 24 hours before the election day”. Based on the provisions cited above it results that
packages with ballots received in the postal box 351, post no.6 in Prishtina which was opened by CEC for
receipt of the ballots from outside of the country, so the arrival of any package with ballots to this address
within the legal time limit is considered valid whereas the ballots which arrived to this address after the set
deadline as per Article 96 paragraph 2 of LGE and Article 4 paragraph 4 of Election Rule no.03/2013 as is
the case with the ballots on which the appeal was filed, which were received after the election day of
06.10.2019, they were received after the set legal deadline therefore the same cannot be proceeded as valid
ballots.