The Panel has assessed that complaints 344 and 354 dated 07.10.2019 are of the same content, by the
nature of the same alleged violation, were submitted by the same complainant against the same political
entity; therefore the Panel, pursuant to Article 8, paragraph 3 of the Rules and Procedures no. 02/2015
ECAP which provides that: ‘ In order to facilitate the examination of complaints, Chairperson of the
decision-making panel may decide to join the appeals which constitute similar issues themselves and that
those appeals are dealt with by a single decision’ so the panel joined the complaints and made a single
decision as in the enacting clause of this decision.
The Panel, after examining the parties' allegations in the proceedings and analyzing the case file, found
that the complaints were partly grounded as follows:
Article 94 of the LGE clearly states that the Chairperson, PSC members and the accredited observers
present can make notes or remarks in the voting book (polling station book) in which the events taking
place at the polling station are recorded.
The Panel notes that the complainant's allegation of not taking notes on person or persons who took out
the ballots from VC 2114B respectively VC no. 2114B / 01R, is credible because the police report dated
08.10.209 clearly shows that Chairperson of the polling station Alban Shala informed the police about
irregularities during the election process - the loss of ballots. This case was also investigated by the police
on the basis of a notification made by Chairperson of this polling station, and investigations revealed that
the lost ballots were found filled in at the same VC on the upper floor of that polling station; and in this
report are listed the names of persons engaged in the electoral process at this polling station, to whom
the panel has imposed a sentence as in the enacting clause of this decision.
Concerning the part of the enacting clause of this Decision by which the commissioners and observers of
polling station no. 2114B/01R are prohibited for 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), the ECAP decision is based on section 120.3 (d) which provides “If a violation of this
law or an electoral rule, undermining the integrity of elections, has occurred, the ECAP may: (d) prohibit
an individual from participating in an election held under the authority of the CEC, either as a candidate
or a member of an electoral administrative body, for a period not exceeding six (6) years.”, because ECAP
found that none of the commissioners, including Chairman of 2114B, had taken any action on voting day
dated 06.10.2019 to avoid violations as alleged in the complaint.
The Panel has not assessed the complainant's claims regarding the request for recount at CRC regarding
the polling stations mentioned in the complaint, with number 2114B / 01R, 02R, 03R, 04D, as this request
should be filed on announcement of the final result by the CEC and not at this stage of the electoral
process. In the present case the CEC had not made the final decision on the announcement of the result,
so the Panel decided to dismiss the complainant's complaint as premature in the second part of the
enacting clause.
Based on the above ECAP, in accordance with the legal provisions of Article 118 paragraph 1 and 5 in
conjunction with Article 122 of the LGE, decided as in the enacting clause of this decision.