The full appeal of the Socialist Party

The appeal signed by the Socialist Party leader, Edi Rama, says that CEC has violated constitutional standards that relate to the principle of “a regular process” and the principle of “legal security”, the principle of “vote equality”, “vote secrecy” and “voters’ freedom for expressing their will”.

The appeal says that CEC has violated the right of having a regular and legal process in relation to the abovementioned principles and especially to the competences, jurisdiction and impartiality of the institution; by taking the attributes of other institutions; by following a procedure beyond its legal limits; by refusing to give arguments that explain the decisions; by violating the essence of the right to appeal.

“For these reasons and also for other facts and explanations that will be presented at the session, we request: the reviewing of the basic case and admitting the appeal”, says the Socialist Party appeal.

Socialist Party sues CEC at the Electoral College and requests it to rule as invalid the decision that CEC took for rejecting the appeals submitted to this institution on June 2nd; to rule as invalid all decisions taken by CEC for announcing the final result of the Tirana mayoral race, as decisions that violate the law.

The Socialist argue their appeal by saying that the problems started on May 16th, when Zonal Election Commission 49 of Municipal Unit 5 in Tirana refused to approve the summary tables for the Tirana mayoral results.

These violations, according to the socialists, went further at CEC. This institution violated the law on May 23rd by not announcing the election result as the Electoral Code provides.

“In the current case, it is proved that by decision no. 711 of May 23rd CEC declared a result for the Municipality of Tirana by changing all decisions that were taken by the Zonal Election Commission. The change has been made without a legal decision, as the Electoral Code provides. In these circumstances, the decision 711 openly and clearly violates the law”, says the appeal of the Socialist Party.

The Socialists accuse CEC of not respecting even the decisions taken by this institution itself, regarding the procedures of announcing the result tables.

According to the Socialists, both decisions that changed the result of Tirana mayoral race fully violate the Election Code, and CEC has acted beyond its competences by changing the results table while the law allows only corrections of mistakes in electoral materials. The entire investigating process for finding and counting miscast ballots is invalid, according to the Election Code, say the Socialists.

One of the strongest facts that SP is using in their appeal, is that each of the 117 ballot boxes had more ballots inside than the recorded number of voters. In total there are 357 ballots more than voters.

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