CEC decision that announces Basha as winner

25/06/2011 15:00

The draft-decision that will be discussed in the meeting of the Central
Election Commission is accompanied by the summary tables of 485 voting
centers in 11 Zonal Electoral Commissions (ZEC) for Tirana, and the
summary tables of these 11 ZECs, all of which changed after the second
count of miscast ballots. The procedure started one week ago, by order
of the Electoral College.

The new numbers declare the Democratic Party candidate as winner, with a difference of 93 votes. This CEC decision must be approved with a simple majority by all present CEC members.

But another version does not exclude the possibility of requiring a qualified majority, based on article 24.1.b of the Electoral Code, which says that “Election results are considered as approved when not less than 5 members of the Central Election Commission vote in favor of the decisions for accepting the complaints that appeal against the decision for approving the summary table of the electoral area”.

In other words, if the argument for requiring a qualified decision will be treated, the parties will argue that this decision is a continuity of an appeal that was returned at CEC by the Electoral College, and as such, it requires a qualified majority. Those who will support the simple majority will argue that exactly this decision of the Electoral College nullifies the previous decision no 711 that was taken by CEC for the summary table of Tirana Municipality elections, about which the appeal exists.

By nullifying the CEC decision, the Electoral College obliges CEC to announce another decision. The new decision for the announcement of the new winner by CEC requires a simple majority. A similar example is the Durres ZECm which announced the winner for this city.

Surely, these are the versions that remain within the space allowed by law, but the decision will be announced this evening.

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