SP files complaint at Electoral College

20/05/2011 15:55

While protesting against vote manipulation, Socialist Party was
preparing a legal framework that could block Central Election
Commission.

In silence and without making it public for the media, on May 16th at 20:15, Socialist Party (SP) has filed a complaint at Central Election Commission (CEC), with protocol number 4449, asking CEC to announce the summary table for MU5 (Municipal Unit 5). Zonal Election Commission (ZEC) of MU5, with a majority of commissioners from the Democratic Party, on May 16th has issued the decision with protocol number 37, which refuses to sign the summary table of the entire MU5. MU summary table is a total sum of all voting centers in this Municipal Unit.

Socialists say that all voting centers summary tables have been signed, even the one of the very last ballot box. In that moment, Democrats were convinced that they had won; therefore they signed the summary table of the last ballot box without hesitation. This enables ZEC to announce the summary table for the entire MU5, something that ZEC refused to do.

SP complaint filed at CEC asked this Election Commission to approve the summary table of MU5, according to article 122 and 35 of the Election Code. But what does article 122 of the Election Code say? Clause 3 provides that ZEC Summary Table is approved with a ZEC decision. If ZEC refuses, further actions should be taken in accordance with article 35.5 of the Election Code. Article 35.5 provides that if ZEC fails to take decision within the deadline, the case must be submitted within 24 hours to CEC from ZEC’s head commissioner, or at least by two other members of this ZEC, otherwise it can be filed as a complaint by the interested political party.

The Socialist Party has filed the complaint for ZEC’s refusal to take decision. But CEC refused to take this complaint under consideration, and has passed it in silence. CEC has undertaken another procedure, arguing that not all summary tables had been closed, since MU5 summary table was still missing. Socialist Party CEC representatives raised their voice for other issues, voiding this part on purpose. But they kept looking at their watches. On Thursday 23:00, the CEC deadline of 72 hours for taking the complaint under consideration has expired. This Friday at 11:00, the Socialist Party filed a petition at Election College of the Tirana Court of Appeal, requesting the Electoral College to force CEC take a decision on that complaint, as Article 158 of the Election Code provides. According to the Socialists, if this complaint will be taken under consideration from the Electoral College, the procedure that CEC is currently following gets automatically invalid.

The Civil Code provides that no other institution has the right to take under inspection a civil disagreement that is being inspected by the court. This obliges CEC to compile MU5 summary table. According to the Socialists, Electoral College must force CEC to take a decision, to announce the result and approve the Tirana Municipality summary table, by announcing this way the winner candidate, based on the approved results.

The petition says: “Article 123 of the Election Code does not require any other preliminary conditions.” The Socialist Party believes that this move will corner CEC. The Electoral College has a deadline of 10 days for holding this session, which is expected to be one of most important moments of these elections.

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