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Republic of Kosovo Republika e Kosoves-Republika Kosova Paneli Zgjedhor për Ankesa dhe Parashtresa Izborni Panel za Zalbe I Predstavke Elections Complaints and Appeals Panel A.no. 344/2019 ECAP, Panel composed of Judges: Gyltene Sylejmani, Faton Ademi and Adnan Konushevci members, with the participation of high legal official Antigona Murati, deciding on the complaints submitted by the Nisma-Akr-PD Coalition, from Prishtina, submitted against the chairpersons and members of Polling station with number 2114B/)1R, 02R, 03R, 04D in Skenderaj due to the loss of some ballots on election day, in the session of the panel held on 10.10.2019, made the following : DECISION To Approve the complaints A.no. 344/2019 and A.no. 354/2019 dated 07.10.2019, submitted by the political entity coalition Nisma-Akr-PD from Prishtina as grounded, so the Chairperson of Polling Station 2114B/01R, Alban Shala and members of the same polling station Dorent Hajredini with badge no. 209, Rahim Rama, badge no. 210, Bozhidar Tomashevic, badge no. 212, Albulena Bajraj, badge 211, Armend Citaku, badge no. 208; observers: Adem Nimanaj, badge no. 3735, Avdi Dragaj, badge no. 3098, Ermal Shala, badge no. 4314, Fazli Miftari, badge no. 2809, Albert Citaku, badge no. 027, Valbona Hetemaj, badge 3673, Shqipe Misiri badge no. 311, Alban Citaku badge no. 4073 and Petrit Rama, are prohibited in duration of 5 years to participate on elections as a candidate and as an administrative part of any electoral body managed under the authority of the Central Election Commission (CEC), due to the loss of some ballots on election day, of Early elections for the Assembly of Kosovo dated 06.10.2019. To Reject as impermissible, the part of the complaint A.no. 344/2019 dated 07.10.2019, submitted by the Nisma-Akr-PD Coalition from Prishtina, in the part referring to the request for recount by CRC regarding the PS mentioned in the complaint, with number 2114B/01R, 02R, 03R, 04D in Skenderaj due to the loss of some ballots on election day, of early elections for the Assembly of Kosovo dated 06.10.2019. Reasoning

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Nisma-Akr-PD v. Polling Station 211B

Judgment

Question Presented: Whether there is sufficient evidence to bar the election officials from participating in elections or election administration after they lost ballots.

Alleged Acts: The complaint alleges that ballots were lost and/or stolen from the polling place and that this error resulted in serious damage to the electoral process and the number votes counted. Approximately 600 unfilled ballots were unaccounted for. An election official stated that he left the room for a few minutes to greet someone when he noticed an unknown take the ballots. After investigation, it was reported that there were only 100 lost ballots and that the found ballots were filled.

Summary: Based on the extensive police reports and the election official's failure to report the loss of ballots, there is sufficient evidence to find the election officials in violation of L.G.E. art. 94 which requires observers to take notes of voting irregularities.

Conclusion: The election officials are prohibited for a period of five years from participating in elections as an administrator or candidate because there is sufficient evidence to show that they lost approximately 600 ballots, 100 of which were never recovered.

Legal Issue(s)

Electoral Integrity
EMB Operation
Vote Form Irregularities

Applicable Law(s): L.G.E. art. 188, 122.

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

ov_YRwEE.pdf
english
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