ECAP, upon review of the complaint, assessment of the allegations and the attached evidence and pursuant to Article 105 paragraph 1 and Article 117 paragraph 2 and 3 of LGE, found that: The complaint is partly grounded. Based on case file it was ascertained that in the ballot boxes: 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 there were 173 ballots announced as invalid ones by CRC because in the most of them there are not all competing political entities identified or in some of them there is not voting at all for the political entity only the vote for the candidates whereas in one part of these ballots besides mark on the box of the identified subject, there is another mark to the other subject or the marked to one subject went through the other subject as well. As the result of this CRC at the counting process, has announced those ballots invalid. Political entity Levizja Vetevendosje as the complainant has submitted a complaint as per Article 105 paragraph 1 of LGE within legal time set by CEC so these ballots to be announced as valid as the errors and flaws referred to CEC are not a criteria which makes a ballot an invalid one. Panel, on receipt of the complaint, response to the complaint, has established the investigating unit and sent it to CRC in order to conduct investigations concerning the allegations made by the complainant. Upon completion of the investigations at CRC, Panel found that the allegation of the complainant stands for a few ballots found in the ballot box as mentioned on item I of the enacting clause of this Decision were found invalid as after the examination of the same it resulted that the they do not meet any of the criteria for invalidity and that the same should be considered as valid ones and be added to the results. Whereas most of the ballots placed as on item II of the enacting clause of the Decision, upon the examination of the same, it results that the same cannot be considered as valid ones because in them there are not all political entities shown so in absence of any of political entity, the ballot cannot be considered as valid one as the same is not complete. The same rule goes also during the voting on the voting day when the errors and shortcomings in any of the ballots makes it not complete/ irregular and consequently invalid. ECAP, in order to avoid the abovementioned shortcomings, based its Decision on Article 119 paragraph 5 of LGE which provides that:’ The ECAC may upon its own discretion consider matters otherwise within its jurisdiction, when strictly necessary to prevent serious injustice” in conjunction with Article 118 paragraph 1 of LGE, decided as in the enacting clause of this Decision.

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