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Republic of Kosovo Republika e Kosoves- Republika Kosova Elections Complaints and Appeals Panel Paneli Zgjedhor per Ankesa dhe Parashtresa Izborni Panel za Zalbe i Predstavke A.no. 374/2019 Elections Complaints and Appeals Panel (ECAP), Panel composed of Judges: Gyletene Sylejmani Chairperson, Faton Ademi and Adnan Konushevci members, with the participation of high legal official Kudret Hasani, deciding on the complaint filed by LVV Political Entity submitted against Central Election Commission (CEC) due to the Irregularities at Counting and Result Center for the Assembly of Kosova held on 06.10.2019, at the panel session held on 19.010.2019, made the following : DECISION I. To partly ACCEPT the complaint A.no. 374/2019 dated 16.09.2019 submitted by LVV Political Entity based in Prishtina and ORDER Central Election Commission - Counting and Results Center to assess as valid 3 ballots at Polling station BM015/001 and 1 ballot at Polling Station BM019/001 and attach the same to the final results. II. To refuse as partly ungrounded the complaint A.no.374/2019 dated 16.10.2019, submitted by LVV Political Subject based in Prishtina, asking for announcing the all ballots from the following polling stations as valid : BM001/001, BM025/003, BM002/001, BM002/004, BM002/005, BM006/003, BM031/001, BM007/002, BM007/001, BM008/001, BM030/002, BM030/001, BM019/002, BM019/004, BM019/006, BM020/004, BM020/001,BM012/001, BM021/001, BM024/002, BM024/001, BM026/003, BM026/002, BM026/001, BM027/003 and BM010/003. Reasoning

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LVV Political Entity v. Central Election Commission

Judgment

Question Presented: Whether the ballots declared invalid by the CRC were valid and should have been counted for in election totals?

Alleged Acts: The Counts and Results Center declared 173 ballots invalid because the were competing political entities, voting for candidates rather than political entities, and marks on other subjects. The political entity alleges that these were not criteria set forth by the Central Electoral Commission for invalidation.

Summary: The panel launched an investigation and determined that some of the ballots lacked sufficient grounds for invalidation. However, those lacking political entities are not completed and therefore may not be counted as valid ballots.

Conclusion: The ECAP determined that some of the ballots were valid and therefore needed to be counted. However, other ballots that were not complete were invalid.

Legal Issue(s)

Vote Form Irregularities

Applicable Law(s): L.G.E. art. 117, 118, 120.

Region: Europe and Eurasia

Country: Kosovo

Language of Decision

English

Court: Electoral Court

Election Type: General

Date of decision: Oct 19, 2019

Geolocation

Latitude: 42.66767183

Longitude: 21.17066236

: Geolocation

Primary Documents

7SzDAHbU.pdf
english
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