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Elections Complaints and Appeals Panel A no.344/2019 dated on 10.10.2019 Gyltene Sylejmani, Chairperson Legal remedy: Against this decision, the unsatisfied party may file an appeal within 24 hours to the Supreme Court, from the moment of receipt of this decision/n.

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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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Election Judgments - IFES

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Nisma-Akr-PD v. Polling Station 211B

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