Commissioner Celibashi: Legal vacuum on out-of-the country voting and formula for preferential voting to be urgently addressed

03/11/2023 | News

The State Election Commissioner, Mr. Ilirjan Celibashi met today with reporters to discuss on activity of the Central Elections Commission during this period.

Commissioner Celibashi shared the following information with the reporters:

PEI in May  14,2023 elections 

The report on Electronic Identification Devices (PEI ) which did not operate during May 14,2023 local government elections has been finalized.

Out of 581 Voting Centers that failed to transmit data during the election day: 

  • In 2022 VCs PEI failed to operate 
  • In 68 VCs the identification did not take place because there were no operators.
  • In 311 VC the device did function, but failed to transmit data ( due to lack of GSM network)

The 202 VCs in which devices did not function, can be divided into several sub-categories as follows:

Issues

  • USB could not be read- quantity 99 
  • Devices used during the testing- quantity 53
  • Software version wrongly installed-quantity 3
  • Lack of information (N/A) – quantity 7
  • Problems with the application-  quantity 6
  • issues with the Operating System-  quantity 5
  • Hardware Issues (Screen, USB port, printer ) – quantity 5
  • Operator states that PEI has operated during elections day  –  quantity 4
  • Unused device – quantity 6 
  • Corrupt USB –  quantity 4

Post election verification 

Based on election provisions, the CEC will request post election inspection of ballot papers and election materials used in May 14,2023 local government elections.

  • 526 (10%) of 5213 VCs will be subject to post election verification
  1. a) 486 VCs
  2. b) 40 VCs PEVN
  • In 100 per cent of VCs there was a verification of dactyloscopic data of PEI

Electoral reform 

For the upcoming elections we should all be engaged to address the recommendations.of OSCE -ODIHR.

Some issues need to be addressed: 

  • Out of the country voting. If the legal vacuum found by the Constitutional Court, will not be filled in 2025 elections, there will not be out of the country voting. If the Assembly has the political will to do it, it should do it urgently. If the amendments will not be done in time , then it will be impossible for the CEC to implement this process. 
  • Preferential Voting. 

At the same time, the political parties and the Assembly of Albania will have to work to enforce the Decision of the Constitutional Court, in application of the formula of preferential voting. 

  • Another issue should be addressed – that of ensuring the right to vote of another category of voters, which, for objective reasons cannot go to the voting center.
  • Election Commissions. The way of establishment of second and third tier commissions. We should refrain from a full political administration of these commissions. 

–  Election Campaign in on line media. We need to establish rules on conducting election campaigns on line/via internet. We need to amend the law on political parties , including the procedures for initial registration and update of the data of political parties.

– Party funding. We need to improve the law on political parties concerning political party funding also outside the election campaigns.

– We need to assess whether the process of the ballot counting and tabulation of results will continue to take place in designated areas ( as it is currently applied) or in the Voting Centers ( which requires legal changes).

-We need to decide whether the electronic voting will extend to more election zones. This evaluation should be done now,  as it is a process that requires time, human and financial resources. 

Asked about the costs of extending the electronic voting  in the whole country, Commissioner Celibashi stated that  CEC has made an estimation of the costs that are associated with the application of electronic voting in the whole country. The application of electronic voting in the Regions of Tiranë, Lezhë, Durrës, Fier, Elbasan, is estimated to have a cost of 36.7 million Eur.  These regions have 243.356 voters, 3094 VCs, in total and produce around 87 mandates.

“However, it is up to the political parties and the Assembly of Albania to decide whether the electronic voting will be extended to some regions or the entire country” Commissioner Celibashi stated.

NewsCommissioner Celibashi: Legal vacuum on out-of-the country voting and formula for preferential voting to be urgently addressed