QENDRA E ZHVILLIMIT QENDRA FORUMI QENDRA “LËVIZJA RINORE QENDRA E KËSHILLIMIT TË GRAVE QENDRA RINORE QENDRA KËSHILLIMORE QENDRA “TË GJITHË SË SHOQATA “PËR MBROJTJEN E TË QENDRA E ZHVILLIMIT TË SHOQËRISË CIVILE - DURRËS CIVIL SELENICË PËR DEMOKRACI”- PUKË DHE SHËRBIMEVE SOCIALE KUKËS VLORË (QRV) PËR NJERËZIT ME AFTËSI TË BASHKU PËR INTEGRIMIN DREJTAVE TË GRUAS FSHATARE TË SHOQËRISË CIVILE -KORÇË KUFIZUAR”- SHKODËR E ROMËVE” (TIRC) DHE QYTETARE”- BERAT KOALICIONI PËR REFORMA, INTEGRIM DHE INSTITUCIONE TË KONSOLIDUARA COALITION FOR REFORMS, INTEGRATION AND CONSOLIDATED INSTITUTIONS në bashkëpunim me: QENDRA E ZHVILLIMIT QENDRA FORUMI QENDRA “LËVIZJA RINORE QENDRA E KËSHILLIMIT TË GRAVE QENDRA RINORE QENDRA KËSHILLIMORE QENDRA “TË GJITHË SË SHOQATA “PËR MBROJTJEN E TË QENDRA E ZHVILLIMIT TË SHOQËRISË CIVILE - DURRËS CIVIL SELENICË PËR DEMOKRACI”- PUKË DHE SHËRBIMEVE SOCIALE KUKËS VLORË (QRV) PËR NJERËZIT ME AFTËSI TË BASHKU PËR INTEGRIMIN DREJTAVE TË GRUAS FSHATARE TË SHOQËRISË CIVILE -KORÇË KUFIZUAR”- SHKODËR E ROMËVE” (TIRC) DHE QYTETARE”- BERAT INSTITUTIONAL AND LEGAL BEHAVIOR OF THE INSTITUTIONS AND OTHER STAKEHOLDERS INVOLVED IN THE ELECTORAL PROCESS OF 30 JUNE 2019 * MONITORING REPORT NOVEMBER 2018 - FEBRUARY 2020 * This Report is published in Albanian and in English. The Albanian version is the only official document. Tirana, June 2020 LEGAL AND INSTITUTIONAL BEHAVIOR OF THE INSTITUTIONS AND OTHER STAKEHOLDERS INVOLVED 2 THE ELECTORAL PROCESS OF 30 JUNE 2019 MONITORING REPORT NOVEMBER 2018 - FEBRUARY 2020 © KOALICIONI PËR REFORMA, INTEGRIM DHE INSTITUCIONE TË KONSOLIDUARA Prepared by COALITION FOR REFORMS, INTEGRATION AND CONSOLIDATED INSTITUTIONS All rights reserved. Parts of this material can be used freely. In that case, please cite the source. A: Rr. “Ymer Kurti”, Nd.4, H.2, Ap.3, Nj.Adm.5, Tirana, 1019 | Mailing Address: P.O.Box. 2396 Tirana, 1001, Albania; T: + 355 4 2245078 | M: + 355 673890174; + 355 682039297 | E: [email protected] | W: www.kriik.al ; This monitoring report is the work of KRIIK, its activists and partner organizations and part of it was financed with funds of the Swiss Agency for Development and Cooperation, SDC. The opinions expressed in this document, as well as in other publications in the frame of this monitoring report are those of KRIIK and do not necessarily reflect those of the Swiss Embassy in Albania. Coalition for Reforms, Integration, and Consolidated Institutions (KRIIK Albania) LEGAL AND INSTITUTIONAL BEHAVIOR OF THE INSTITUTIONS AND OTHER STAKEHOLDERS INVOLVED THE ELECTORAL PROCESS OF 30 JUNE 2019 3 MONITORING REPORT NOVEMBER 2018 - FEBRUARY 2020 CONTENT I. EXECUTIVE SUMMARY 7 II. INTRODUCTION 10 III. POLITICAL AND INSTITUTIONAL CONTEXT 13 IV. LEGAL FRAMEWORK AND ELECTORAL SYSTEM 15 IV.1. Election date promulgation and institutional impasse that followed 16 IV.2. Electoral System 17 IV.2.1. Mandate distribution mechanism for the municipal council 18 IV.3. Electoral infrastructure 19 IV.4. Preparation of Voter List 20 IV.5. Bylaws of the Central Election Commission 20 IV.6. Electoral justice 20 IV.6.1. Criminalization of acts that threaten elections 21 IV.6.2. Complaints and appeals system 21 IV.7. Electoral contestants’ finances 22 IV.8. Reform of the electoral legal framework 23 V. ELECTION ADMINISTRATION 24 V.1. Central Election Commission 24 V.1.1. Central Election Commission Body 24 V.1.1.1. The position of the CEC troop regarding the Presidential Decree of 26 June 10, 2019 repealing the Decree setting June 30 as the date of local elections. V.1.1.2. The position of the CEC body regarding the decree of the President of the Republic dated June 27, 2019 for the 27 appointment of October 13 as the date of the local elections V.1.2. Central Election Commission decision making 29 V.1.2.1. The ceremonialism of the meetings and the conduct of the body 29 V.1.2.2. Observed problems 30 V.1.3. Transparency of Central Election Commission 32 V.1.3.1. Publication of preliminary meeting materials 33 V.1.3.2. Publication of decisions 33 V.1.3.3. Real-time visual transmission of CEC meetings and their ongoing accessibility 34 V.1.3.4. Use of information technology to increase transparency 35 V.1.3.5. Access to materials published on the website 35 V.1.3.6. Transmission of results 36 V.1.3.7. Discordances in the publication of turnout and election results 36 V.1.4. Changing the name of the Social Democratic Party leader on the ballot 38 V.1.5. Decriminalization process 40 V.1.5.1 The progress of the decriminalization process until 30 June 2019 40 V.1.5.2. Progress of the candidate verification process in view of the June 30th elections 41 V.1.5.2.1. Submission and publication of self-declaration forms 42 V.1.5.2.2. The decriminalization process after the elections of June 30 43 V.1.5.2.2.1. Candidate for Mayor of Shkodra 44 V.1.5.2.2.2. Vora Mayor 45 V.1.5.2.2.3. Mayor of Vau Dejës 46 Coalition for Reforms, Integration, and Consolidated Institutions (KRIIK Albania) LEGAL AND INSTITUTIONAL BEHAVIOR OF THE INSTITUTIONS AND OTHER STAKEHOLDERS INVOLVED 4 THE ELECTORAL PROCESS OF 30 JUNE 2019 MONITORING REPORT NOVEMBER 2018 - FEBRUARY 2020 V.1.5.2.2.4. Mayor of Mat 47 V.1.5.2.2.5. Mayor of Mallakastër 48 V.1.5.2.2.6. Mayor of Librazhd 48 V.1.6. Filling vacancies in the Parliament, after leaving the mandates by DP and SMI deputies 49 V.1.7. Adoption and implementation of the Action Plan 50 V.1.7.1. Appointment of Technical Auditors 51 V.1.7.2. Establishment of Regional Election Offices 51 V.1.7.3. Establishment of Media Monitoring Board 51 V.2. Commissions of Electoral Administration Zones (CEAZ) 53 V.2.1. Constitution of CEAZs and supporting infrastructure 53 V.2.1.1. Rejection of PD and SMI lists for CEAZ members and secretaries 54 V.2.1.2. Determination of Ballot Counting Centers venues 56 V.2.2. Activity of Commissions for Administration of Electoral Zones 57 V.2.2.1. Ballot Counting Teams 58 V.2.2.2. Voting Centers Commission 59 VI. OTHER INSTITUTIONS INVOLVED IN THE ELECTORAL PROCESS 60 VI.1. Commissioner for Civil Service Oversight and Task Force set up by the Council 60 of Ministers to monitor the use of administration and state resources in the campaign VI.2. Ministry of Interior 62 VI.3. Prefectures 64 VI.4. Municipalities 64 VI.5. Courts 65 VI.5.1. Verification of the mandate of the elected mayor of Durrës by the Durrës Judicial District Court 65 VI.5.2. Verification of the mandate of the elected mayor of Vora by the Tirana Judicial District Court 65 VI.5.3. Requests to be included in the voter lists 66 VI.5.4. Judgment of the courts in relation to election-related criminal offenses 66 VI.6. State Police 67 VI.7. Prosecution 67 VII. REGISTRATION OF ELECTORAL SUBJECTS 69 VII.1. Registration of political parties 69 VII.2. Registration of candidates 73 VII.2.1. Registration of candidates with a certificate from the Assembly 77 VII.2.2. Registration at the same time as a candidate for Mayor and as a member of the Municipal Councils 78 VII.2.3. Registration of candidates with family ties of first degree as members of the same municipal council 79 VIII. VOTER LISTS 81 VIII.1. Final Voters Lists 83 VIII.2. Problems identified by technical auditors 83 Coalition for Reforms, Integration, and Consolidated Institutions (KRIIK Albania) LEGAL AND INSTITUTIONAL BEHAVIOR OF THE INSTITUTIONS AND OTHER STAKEHOLDERS INVOLVED THE ELECTORAL PROCESS OF 30 JUNE 2019 5 MONITORING REPORT NOVEMBER 2018 - FEBRUARY 2020 VIII.3. Written notification of voters 87 IX. CAMPAIGN ENVIRONMENT 89 IX.1. Early campaign 89 IX.2. Campaign on social media 89 IX.3. Campaign activities 90 IX.4. Use of administration in the campaign 90 IX.5. Electoral Offices 91 IX.6. Task Force for monitoring the activity of the administration in the campaign 91 IX.7. Engagement of senior central officials in the campaign 92 X. FINANCING OF ELECTION CAMPAIGN 93 X.1. Legal framework and oversight mechanisms 94 X.2. Distribution of public funds for the election campaign 95 X.2.1 Distribution of public funds 95 X.2.2. Return of public funds 96 X.2.3. Allocation of annual funds for political parties for 2020 98 X.3. Self-declaration Financial reports of political parties on the election campaign 99 X.3.1. Revenues of political parties according to self-declaration reports 101 X.3.1.1. Public funding 101 X.3.1.2. Non-public funding 102 X.3.2. Expenditures of political parties according to self-declaration reports 103 X.3.2.1. Electoral Meetings 105 X.3.2.2. The law of volunteering 105 X.3.3. Reporting by candidates 106 X.4. Monitoring reports and audit reports 107 X.4.1. Submission and publication of monitoring and audit reports 108 X.4.2. Content and issues observed in monitoring and audit reports 110 X.4.2.1. Problems related to the fulfillment of the task by financial experts 111 X.4.2.2. Declaration of special bank accounts 113 X.4.2.3. Other violations observed 114 XI. MEDIA 117 XI.1. Media Monitoring Board Activity 119 XII. ELECTION DAY AND BALLOT COUNTING 120 XII.1. CEAZ activity before election day 120 XII.2. CEAZ activity on election day 122 XII.3. Delivery and intake of election materials 122 XII.4. CEAZ activity during the counting process 123 XII.5.