Opposition Appeals Elections at the Electoral College

Today the Electoral College elected the five judges who will scrutinize the request of the opposition that invalidate the candidate lists presented by the political parties after the legally mandated deadline of 50 days before the elections.

The five judges, elected by lot, are Artur Malaj, Gjin Gjoni, Ridvan Hado, Sotiraq Lubonja, and Tomorr Shkreli.

Complaint of the opposition

Yesterday, the Environmentalist Agrarian Party (PAA) – the only opposition party registered for the elections, but which did not present a candidate list – handed in a complaint at the Central Election Commission (KQZ). The opposition seeks to invalidate the series of decisions made by the KQZ for the registration of political parties who handed in their candidate lists on April 29, which comprise the majority of the 15 parties currently listed.

According to the complaint of the opposition, the registration deadline for candidate lists was April 28, which makes registrations on April 29 invalid.

Art. 67 of the Electoral Code states:

A political party that is registered at the KQZ as electoral subject for parliamentary elections deposits at the KQZ its candidate list for each electoral zone not later than 50 days before the election date.

The opposition argues that according to the law, June 18 itself is excluded from the count, which means that the registration deadline of 50 days before the elections is April 28 until midnight:

The registration of the list of candidates for deputy in violation of the procedure and legal deadlines threatens the principle of equality of the sides in the electoral process.

The decision of the Electoral College

The Electoral College, consisting of 5 members elected by lot, has to reach a decision on the complaint within 10 days.

If the request of the PAA in the name of the entire opposition will be accepted, the decision of the KQZ to register all parties on April 29 will be annulled.

The College will then require the KQZ to immediately reevaluate the registration procedure and the implementation of the law, which means that the candidate lists have to be registered “50 days before the election date.” In practice this would imply that the elections will be postponed at least 50 days from the date at which the Electoral College publicizes its verdict.