On the basis of Articles 16 and 17 of law no. 7491, dated 29 April 1991, "On the Main Constitutional Provisions", the People's Assembly of the Republic of Albania resolves:

 

CHAPTER I: GENERAL PROVISIONS

Article 1
Elections for People's Assembly deputies will take place in the territory of the Republic of Albania on the basis of a general, direct, free and secret vote.

Article 2
All Albania citizens who have reached the age of 18 as of the date of the elections have the right to vote.

The right to vote and to be elected as deputies in the People's Assembly belong to all persons who have reached the age of 18 as of the date of the elections, have Albanian citizenship, have had permanent residence in the Republic of Albanian for a period of time no less than six months and meet the requirements of law no. 8001, dated 22 September 1995, "On genocide and crimes against humanity committed in Albania during the communist rule for political, ideological or religious motifs", amended by law no 8215, dated 13 May 1997, as well as law no 8043, dated 30 November 1995, "On the control of the figure of officials and other persons related to the protection of the democratic state", amended by law no. 820, dated 13 May 1997.

Article 3
Citizens who by a court decision have been deprived of the capability to act, and those citizens who are in detention or serving a sentence in jail, are deprived of their electoral rights.

Article 4
The right to vote is exercised on the basis of voters' lists. Voters vote at the polling station in the voters' list of which their names are registered.

The right to vote must be exercised personally by the voter and can only be exercised once, by casting one's vote for only one of the candidates presented in the single-member zone and for only one of the electoral subjects that participate in the election for the supplementary mandates on a national basis.

Article 5
A People's Assembly deputy cannot at the same time be appointed as a member of bodies of local government.

 

CHAPTER II: ELECTORAL SYSTEM

Article 6
The People's Assembly consists of 155 deputies, 115 deputies are directly elected in single-member zones, whereas the other 40 supplementary mandates are awarded to candidates on the nation-wide lists, according to votes obtained during the first round of voting, as provided by Article 11.

Article 7
A candidate is declared a deputy in the People's Assembly for a single-member zone if he wins more than half of the valid votes in the zone.

Article 8
If in the first round of voting none of the candidates nominated gets more than 50%. of the valid votes, then a week later a second round of voting is held in the respective zone.

The two candidates who won the greatest number of votes in the first round, run in the second round.

In case three or more candidates obtain the same number of votes in the first round, the two candidates who will participate in the second round are chosen by lot; in case one candidate has obtained the highest number of votes and after him two or more candidates obtain the same number of votes in the first round, the second candidate is chosen by lot. If an electoral subject withdraws its candidate in the second round of voting, he is substituted by the candidate who won the greatest number of votes among the remaining candidates in the first round.

The candidates for the second round of voting are announced by the zone electoral commission.

Article 9
In the second round of voting, the candidate who obtains the largest number of votes is elected deputy in the People's Assembly. If the candidates obtain an equal number of votes, then the deputy is chosen by lot.

Article 10
Subjects that have fielded joint candidates in a zone shall, at the same time they submit the candidates, send to the zone electoral commission the ratio according to which votes won nation-wide should be distributed. A copy of this document is sent to the Central Electoral Commission.

Article 11
Only the subjects that have obtain no less than 2% of the votes nation-wide, benefit from the distribution of the 40 supplementary mandates.

After the count of valid votes that each subject has obtained nation-wide during the first round, the following procedure is carried out:

a) The number of valid votes obtained by each of the two parties with the highest number of votes, is di~ided by the sum of their valid votes and the fraction is multiplied by 10. Each of these parties shall initially obtain as many seats as the fill number that is obtained from the above mentioned operation. The remaining seats up to 10 are given to the political subject with the highest decimal number. In case this number is equal, lots shall be drawn.

b) The number of valid votes for every other subject meeting the condition in the first paragraph, is divided by the sum of valid votes they have obtained and the fraction is multiplied by 30. Each of these subjects shall initially obtain as many seats as the full number that is obtained from the above-mentioned operation. The remaining seats up to 30 are given to the subjects with the highest decimal number. In case this number is equal, lots shall be drawn.

c) Winners of seats from the party lists are determined by the order on the list. If the number of candidates on the list is smaller than the number of seats obtained, the winner shall be the candidate put forward by the subject in the single-member zones who, among all the candidates of this subject that have not won, has obtained the highest number of votes, If there are two such candidates, the winner is selected by lot.

 

CHAPTER III: ELECTORAL SUBJECTS

Article 12
Any Albanian citizen who has the right to be elected on the basis of this law, can be a candidate for People's Assembly deputy as a representative of a party or a group of parties, or as an independent candidate.

No candidate can run in more than one single-member zone.

Any candidate in a single-member zone can simultaneously run as a candidate on the list of his respective subject. A candidate who wins in a single-member zone is a deputy of that zone and his name is deleted horn the nation-wide list of his subject.

Article 13
A candidate for deputy in the People's Assembly must register with the zone electoral commission no later than 20 days before election day. To effect the registration, the following documents are submitted:
a) a written application from- the respective electoral subject, requesting the registration of the candidate nominated for deputy; the application must contain the first name, father's first name, last name, birthday and residence of the candidate (2 copies);
b) a statement from the candidate accepting to run as candidate in the specific single member zone (2 copies);
c) copy of the decision by the State Commission on the basis of Article 9 of law no 8043, dated 30 November 1995, "On the control of the figure of officials and other persons related to the protection of the democratic state",amended by law no. 8220, dated 13 May 1997;
d) a list signed by no less than 400 voters of the respective zone, who support the candidate in that zone.

Article 14
The specified list with the voters' signatures must contain the name and symbol of the electoral subject nominating the candidate, or indicate that the candidate is independent, if this is the case. The list must also contain the first name, father's first name, last name, address, the number of the identification card or the number of the birth certificate with a photo and the signature of the voter, who must be a resident in the zone where the candidate is nominated.

A voter has no right to sign more than one list. The lists are deposited with the Central Electoral Commission and can be inspected with its appropriate authorization.

If the zone electoral commission notices irregularities in the application and documents submitted for the registration of candidates, it requests that the electoral subjects make the necessary corrections within two days. Should this not happen, the electoral commission takes the appropriate decision.

Article 15
Only electoral subjects that run candidates in no less than 25 electoral zones and in no less than 10 districts of the country, have the right to submit lists for supplementary mandates. These lists can contain up to 100 names. When groups of electoral subjects meet the above mentioned condition, then each of the political parties of this group can present a separate electoral list. The list shall have attached a copy of the decision by the State Commission on the basis of Article 9 of law no 8043, dated 30 November 1995, "On the control of the figure of officials and other persons related to the protection of the democratic state", amended by law no. 8220, dated 13 May 1997, as well as the candidate's statement accepting to run as a candidate.

The list with the signature and stamp of the respective electoral subjects is submitted to the Central Electoral Commission no later than 20 days before election day.

Article 16
When the conditions of the law are filled., the zone electoral commissions are obliged to register all candidates for deputy in the People's Assembly and to announce their names no later then 17 days before election day, giving the name of the subject that nominated the candidate. They send a copy of the certification to all candidates of electoral subjects.

Article 17
For each candidate for deputy, the zone electoral commission keeps an official registration record according to an established form. A copy of this record, with the declaration of the candidate accepting to run as candidate in that zone and a copy of the announcement of the candidates in this zone, should be sent to the Central Electoral Commission no later than 2 days from the announcement.

Article 18
Electoral subject have the right to replace candidates proposed by them and make changes in the party list they submitted no later than 17 days before election day. Otherwise, they are not allowed to make changes. If a candidate for deputy in a single-member zone dies after this period has expired, a separate election will be held in that zone no later than 9 weeks after election day. The date for this election is determined by the President of the Republic.

Article 19
If members of the armed forces, judges and prosecutors run as candidates, they should resign and be released from duty.

 

CHAPTER IV: VOTERS' LISTS

Article 20
The elections for People's Assembly deputies take place on the bases of voters' lists.

In the voters' lists are include all citizens who have the right to vote. When the body empowered (by this law) to compile the voters' lists, registers voters with temporary residence in its territory, it is obliged to inform the respective body of the district of the voters: permanent residence, so that they do not register in two places of residence.

Each citizen is registered in only one voters' list.

Article 21
The voters' lists are compiled for each polling station.

In the voters' lists is included the first name, father's first name, and the last name of the voter, his date of birth and the registration number.

In the cities and the rural communes the voters' lists are compiled under the responsibility of the mayor or the head of the commune, and the secretary of the respective council. After they are signed by the above-mentioned persons, the voters' lists are sent to the respective prefecture. After having controlled the lists, the prefect solves any kind of conflict that may occur in connection with them. He is obliged to submit to the State Secretariat for Local Government the number of voters for each electoral zone no later than two days after the announcement of the voters' lists.

The voters' lists are announced by the body that has compiled them no later than 17 days before election day.

The voters' lists remain permanently in the offices of civic status.

The Council of Ministers issues the necessary legal acts on the exact and timely compilation of the lists, as well as on procedures for their protection and administration.

Article 22
Lists of voters who serve and live in military units and detachments are compiled and announced no later than 17 days before election day, in co-operation with the respective commanders, by the bodies mentioned in Article 21 in the territory of which the military unit or detachment is located.

All other military personnel are registered in the voters' lists of their place of residence.

Article 23
Albanian citizens who live permanently outside the country, and who intend to stay in the territory of the Republic of Albania until election day, are registered on the voters' lists of their former residence, provided that they request this. For these persons, participation in the election is marked in their international passport.

Article 24
In hospitals, sanitariums and other health and rehabilitation institutions, in re-education camps and pre-detention places, voters' lists are compiled by the directors of these institutions, on the basis of the voters' identification documents. The directors are required to inform the competent body of local government in these voters' residence, so that corrections can be made in the voters' lists in which they were originally registered.

Article 25
When a voter is nominated as a member of an electoral commission or as an observer in a zone or polling station, and because of this has to go away from his residence after voters' lists have been announced and before election day, the competent body, upon written request from the electoral subject, issues him a certificate to vote in the place where he will go, and writes the word "moved" on the voters' list. This voter is registered in the supplementary voters' list of the polling station located in the place where he goes, by presenting the voting certificate together with his identification card or any other document that replaces this.

Article 26
If a citizen has died, is registered twice, is not registered, does not have the right to vote or is a resident outside the territory of the Republic of Albania, the body that has announced the voters' lists, at the request of the interested person, can take a decision to make changes in these lists no later than 24 hours before election day.

Article 27
Each voter has the right to request in writing the correction of errors or omissions in voters' list such as lack of registration, removal from the list, changes in the first name, father's first name or last name of the voter, registration of persons who have lost the right to vote, etc. The request is made to the body that announced the lists, which is obliged to review it within 2 days and issue the appropriate motivated decision.

The decision can be appealed to the district court, which within three days reviews the appeal in open judicial session and issues the appropriate decision. The court decision is announced immediately and is final, and is implemented by the polling station commission.

At the request of citizens, the zone electoral commission may intervene with the bodies that have announced the voters' lists, in order to correct mistakes and shortcomings in these lists.

Any change made in the voters' lists is announced immediately.

Article 28
The bodies that have announce the voters' lists will make them available to electoral subjects upon request and the payment of a fee.

 

CHAPTER V: ELECTORAL ZONES AND POLLING STATIONS

Article 29
For the elections of the deputies of the People's Assembly, 115 zones are created, with an approximately equal number of voters. Zones should be compact and with geographical continuity, and in setting them up, communes should not be broken up. The electoral zones, their borders and order are decided by the President of the Republic, upon proposal from- the Council of Ministers, no later than 45 days before election day.

Article 30
Voting and counting of votes take place in polling stations, which are setup in the territory of each city, city quarter, and village.

Article 31
In the villages, a polling station is setup for every 100 to 1000 voters.

In cities and city quarters, a polling station is setup for every 800-1200 voters.

In cities and city quarters with less than 800 voters, a separate polling station is set up. If there is a surplus of more than 400 voters, a separate polling station is set up, whereas smaller surplus number of voters join the nearest polling station within- the commune or municipality.

If a dwelling center is farther than 3 km from the nearest polling station. a separate polling station is set up if there are at least 50 voters.

Article 32
Polling stations are set up no later than 30 days before the election day. They are setup by decision of the bodies that announced the voters' lists, in accordance with procedures for announcing voters' lists.

Article 33
In hospitals, sanitariums, maternity wards, rest homes, and other similar institutions, in re-education camps and in pre-detention places, polling stations are set up if there are more than 15 voters.

In health institutions that have many wards, polling stations are setup in each ward if there are more than 15 voters in each one.

 

CHAPTER VI: ELECTORAL COMMISSIONS

Article 34
The following electoral commissions are established for directing the People's Assembly elections:
a) the Central Electoral Commission (CEC);
b) the Zone Electoral Commissions (ZEC);
c) the Polling Station Commissions (PSC).

Electoral commissions are independent bodies that in their activity respond only before the law. Commission members' activity is considered a state one, not political. Commission members enjoy immunity during exercise of their activity. Political parties, in accordance with rules stipulated in this law, have the right to request the replacement of their representatives in the electoral commissions, but they do not have the right to order them to leave the commissions.

ZEC secretaries should be lawyers.

Article 35
The Central Electoral commission of the Republic of Albania is a permanent body that directs and supervises the electoral process in the Republic of Albania in accordance with the provisions of the electoral law of the Albanian State. It is composed of the Chairman, the Deputy Chairman, the Secretary and 14 members.

Political parties submit proposals on the composition of the CEC to the President of the Republic.

The CEC mandate is for a 7-year period. Its members have the right to be re-appointed.

Political parties with no representatives in the CEC have the right to send observers.

Article 35a
The Chairman and the Deputy Chairman of the permanent CEC, selected among the scientific university staff, are proposed, respectively, by the main position and opposition parties. The Deputy Chairman has equal juridical position as the Chairman. In case one of these parties does not propose any candidate for the position of Chairman or Deputy Chairman, this position is given to the second larger party within the position or opposition grouping.

The CEC Secretary is the Director of the Directorate of Elections and Referenda at the State Secretariat of Local Government.

Seats in the CEC are equally distributed between the political parties in the governmental and opposition coalitions. Within these divisions, seats in the CEC are distributed to representatives of political parties in proportion with their results in the elections for local government.

Article 35b
If a political party, part of the governmental or opposition coalitions, withdraws from this group, the seat or seats belonging to it in the CEC are re-distributed within the respective grouping in accordance with the criteria defined in Article 35a, paragraph 3. If this party has higher results in the elections for local government than any of the other parties of its group that have representatives in the CEC, then to the withdrawing party is guaranteed the CEC seat held by the party with the lowest result in the local elections.

After the end of elections for local government, the proportion of parties' representation in the CEC changes according to their results in these elections.

Changes in the CEC can be done no later than 15 days before election day.

Article 35c
If a political party, to which seats in the CEC have been allocated, does not present candidates to these seats, the seats are attributed to candidates proposed by other political parties according to the order defined on the basis of the criteria in Article 35a, paragraph 3, no later than 15 days before election day.

Article 36
The CEC carries out the following duties:
a) It sees to the strict and equal implementation of this law during the election period in the entire territory of the Republic of Albania.
b) It determines the methodology and inspects the activity of zone electoral commissions.
c) It reviews complaints against irregular and illegal acts and activities of a ZEC.
d) It registers and announces the participation in the election of parties, groups of parties and independent candidates, as well as their symbols and logos. After registration, no party or group of parties has the right to use the symbols of another party or group of parties.
e) It controls the registration of candidates for People's Assembly deputies in single member zones.
f) It sets the rules for the participation in the election of domestic and foreign observers and issues them the identification document.
g) When necessary, after the elections, it examines the voters' lists and reports to the competent body if it discovers that a person has voted more than once.
h) It announces the results of the elections and registers the People's Assembly deputies.
I) It issues the certificate of election to deputies who are elected according to the nation-wide party lists.

Article 37
A ZEC is set up in every electoral zone, composed of the Chairman, the Deputy Chairman, the Secretary and a representative from each subject or electoral grouping that has presented a candidate in that zone. The Secretary is selected among the ZEC members. The President of the Republic appoints the Chairman and the Deputy Chairman of the ZEC.

Proposals on the ZEC composition are submitted to the CEC no later than 30 days before election day. The CEC approves the ZEC composition no later than 28 days before election day.

Article 38
The ZEC carries out the following duties:
a) It sees to the precise and equal implementation of this law during the election period in the entire territory of the zone.
b) It supervises the activity of the polling station commissions during the election period.
c) It supervises the setting up of polling stations in compliance with the law.
d) It requests, as the case may be, that bodies that have announced the voters' lists, correct mistakes and omissions in the lists.
e) It registers and announces the candidates for deputies nominated in accordance with this law.
f) It registers the representatives of the candidates for deputies from different parties, groups of parties, or independent candidates and supplies them with appropriate certificates.
g) It counts the votes on the basis of the polling station protocols and announces the results of the elections in the zone.
h) It reviews complaints against illegal or irregular acts and activities of polling station commissions
I) It issues the certificate of election to the deputies who are elected.
j) It sends to the CEC the election records. as stipulated in this law.

Article 39
In each polling station is set up a Polling Station Commission composed of the Chairman, the Deputy Chairman, the Secretary and one representative from each subject or electoral grouping that has presented candidates in the respective zone. The ZEC decides on the composition of the PSC in accordance with the defined regulations on the ZEC.

Proposals on the PSC composition are submitted to the ZEC no later than 15 days before election day. The ZEC chairmanship announces the composition of the PSC no later than 10 days before election day.

Article 40
The PSC carries out the following duties:
a) It ensures the free and peaceful conduct of elections in the polling station in
accordance with regulations defined in this law.
b) It sees to the strict implementation of voting procedures.
c) It registers the voters who have come to vote with a voting certificate or with a court decision.
d) It counts the votes that have been cast for each candidate and party list.
e) It prepares voting protocols, as defined in this law, and sends them to the ZEC.
f) It records the complaints and request from commission members and voters, examines them and takes the appropriate decision.

Article 41
During the elections the instructions of the Chairman and the Deputy Chairman of the PSC are binding for all citizens in the polling station. These instructions can be annulled only by a decision of the PSC.

Article 42
Electoral commission members can be relieved of their duties in these commissions by the body which approved the composition of the commission, upon request of the members themselves or with the proposal of the electoral subjects they represent.

Article 43
Members of the military, employees of public order institutions and the National Information Service (SHIK), as well as candidates for People's Assembly deputies cannot serve as members of electoral commissions.

Article 44
Electoral commissions' meetings are considered valid when more than half of the members are present. Decisions at these meetings are made by 2/3 majority vote of present members and are signed by the Chairman and the Deputy Chairman. Electoral commissions' meetings are public. Observers participating in these meetings can make remarks. At their request, remarks can be included in the official protocol of the commission's meeting.

Article 45
Electoral subjects with representation in electoral commissions have the right to submit a list with substitutes for their representatives. Substitution takes place if the actual representatives are unable to carry out their fictions.

The replacement procedure is the following:
a) In the case of the PSC, at the request of the respective subject and by decision of the ZEc.
b) In the case of the ZEC, by decision of the CEC.

Article 46
Members of the ZEC are released from their jobs, in exchange of payment, from the day they are assigned this duty, whereas PSC members have the right to be released from their jobs, in exchange of payment, five days before election day and have days after election day. The above-mentioned persons are compensated from the state budget, at the amount determined by the CEC. For members of the CEC, the President of the Republic determines the compensation.

Article 47
All electoral commission members are considered, during the exercise of their duty, as persons assigned with a state assignment, in the sense of the Penal Code.

Persons who against the electoral commission members, during the exercise of their duty, commit a crime that comes under the provisions of the Penal Code as a crime against state authority, are sentenced to imprisonment as defamed in these provisions.

Electoral commission members are legally responsible for the implementation of the provisions of this law.

Article 48
While performing their assigned duties, members of the electoral commissions and observers are not allowed to wear any distinguishing sign or symbol of a party or group of parties to which they belong or to make or take part in election propaganda activities.

COMPLAINTS

Article 49
ZEC decisions can be appealed to the CEC within 3 days from their announcement. The CEC examines the complaints and makes the respective decision within 3 days.

 

CHAPTER VII: AGAINST DECISIONS OF ELECTORAL COMMISSIONS

Article 50
CEC decisions can be appealed to the Constitutional Court within 3 days from their announcement.

The Constitutional Court examines the complaint and within 3 days issues a final decision, which is made public immediately.

Decisions of the Constitutional Court on complaints regarding election results are made known to the Commission of Mandates of the People's Assembly.

 

CHAPTER VIII: ELECTION CAMPAIGN

Article 51
The election campaign begins with the announcement of the election day and ends 24 hours before this day.

Article 52
During the election campaign, every electoral subject as well as citizens have the right to freely make propaganda through rallies, meetings, radio, TV, press and other media.

Any kind of propaganda violating the law or public order or which attacks candidates' personal indentity, is prohibited.

Publication of public opinion polls should be interrupted 8 days before election day.

Article 53
The electoral campaign in the State Radio Television is done through special programs.

Parties, which in the last election for district councils obtained more than 0.50% of the votes, shall have in their disposal a total broadcasting time of 4 hours, half of which is allocated to governmental coalition parties and half to opposition parties. This time shall be distributed according to the percentage of the votes obtained in the above-mentioned elections, but no less than 15 minutes for each subject. All other political parties participating in the elections, shall have at their disposal only 10 minutes.

The electoral broadcasting program and platform in disposal of the political parties' electoral campaign shall be subject to approval by the CEC. Every additional time that the State RTV may make available for electoral debate or for parties' electoral campaign is distributed according to proportions defined in the above paragraph.

For the second round, the time at the disposal of electoral subject, as stipulated in the above rule, shall be halved.

To strictly oversee the time limits, the Electronic Media Supervising Commission is established, which is responsible for all programmed, not only those related to the electoral campaign, but also news programs and political information, etc. The commission is composed of a representative from- each party with representation in the National Reconciliation Government. The Chairman and the Deputy Chairman represent, respectively, the largest party of the position and the opposition. They direct the activity of the commission. The commission shall establish an office in the state TV building, enjoys the right to attend meetings of different departments and, for its activity, responds directly to the CEC.

The CEC organizes broadcasting, on the Albanian RTV, on electoral education of the population, excluding political statements.

Article 54
Candidates, as well as electoral subjects, have the right to use various propaganda materials such as slogans, announcements, pamphlets, etc., in which the name of the electoral subject that has prepared such materials should appears. Damaging such materials is prohibited until the end of the campaign.

Propaganda material can be posted in public places defined by the local government bodies, giving equal propaganda possibilities to each electoral subject.

Article 55
Election campaigning is prohibited in military units and detachments as well as in de-politicized institutions. The commanders of military units and detachments must permit the use of mass media during free time as well as participation in the electoral campaign within the territory of the electoral zone, but outside the military unit or detachments.

Article 56- Repealed

Article 57
Local governments as well as any other state body have no right to distribute propagandistic electoral materials or take part in propaganda activities.

Article 58
The Council of Ministers allocates state funds to the electoral campaign of political parties.

The allocated sum from the state budget to the political parties that participate in the elections, is distributed according to the percentage of votes they will obtain in the elections. Political parties that obtain less than 2% of the votes nation-wide, are excluded from- this rule.

The Council of Ministers allocates a certain cash advance to parties that in the last local government elections obtained more than 10% of the votes for the district councils. After the end of the elections, if parties that have received such an amount do not meet the conditions of the above paragraph, they are obliged to return the cash advance or the rest of this amount.

Article 59
It is prohibited to slander or offend a candidate for deputy or an electoral subject.

A newspaper or any other type of mass media that has published material violating the rights of a candidate for People's Assembly deputy or has in any way attacked his dignity, is obliged to publish free of charge a response in the next issue or broadcast, designating to it the same place, space and time as to the original material which caused the response.

Article 60
The disruption and interruption of legal electoral meetings and rallies is prohibited.

Article 61
Candidates for People's Assembly deputy keep their jobs when released from duty and receive their fill pay during the election campaign, from the state if they work for it, and from the CEC in other cases.

Judges, prosecutors and members of the armed forces shall have no guarantee of returning to their previous positions.

Article 62
Candidates for deputy cannot be charged with crimes, arrested or held in detention, except when they commit an obviously serious crime.

CHAPTER IX: VOTING

Article 63
Voting for People's Assembly deputies takes place in places specified by the local government executive bodies. No electoral propaganda or party campaign is allowed in polling stations.

Buildings of political parties, other electoral subjects, or de-politicized state institutions, apart from schools, cannot be used as polling stations.

Article 64
Voting for People's Assembly deputies takes place on a day which is a holiday throughout the country.

Voting begins at 08.00 and endsat21.00. If after 21.00 there are still people waiting to vote, the voting continues until all those present have voted.

On election day, the PSC starts work at 07.00 by checking the ballot box. After this, the ballot box is closed and sealed with the stamp of the polling station, which is kept safe.

The Chairman of the PSC, in the presence of the commission, stamps all the ballots, the number of which is recorded in the protocol, which is signed by all the present members of the commission.

After stamping, the Chairman, the Deputy Chairman and the Secretary, in the presence of the commission members, sign the ballots.

After completing all the above-mentioned procedures in the mentioned order, the Chairman of the PSC declares the voting open.

Article 65
Voters vote according to the order of their appearance at the polling station.

The PSC is obliged to certify the identity of voters participating in voting. For this purpose, it has the right to request that the voters present, according to circumstances, the identification card, the passport, the military certificate or a birth certificate with a photo.

Militaries are not permitted to appear at the polling station in lined units or armed. Only army men on duty are permitted to appear in uniform.

After the information on the identification document has been compared with the voters' list, the voter signs the voters' list. After the number of the identification document has been written down. the voter takes the ballot and votes. After voting, the last page of the identification document is stamped. If it has been noticed that the ballot is not regular, the ballot is separated. marked and signed as invalid, and the Chairman and the Deputy Chairman replace it with another one.

Article 66
The voting room may have a certain numbers of booths in order to speed up the voting process. There should be no ballots in the booths of the voting room.

The commission desk is placed in such a way as to permit members of the commission and the observers representing electoral subjects to move around it. The ballot boxes are placed visible to all persons present.

No one, including members of the PSC, can enter the booth, except for cases when the voter is unable to follow the necessary voting procedure and requests assistance from a person he himself selects. The selected person has the right to accompany only one voter.

In these cases, permission is requested from the Chairman and the Deputy Chairman of the PSC and this is recorded in the voters' list.

Voting in the open or outside the booths is prohibited. In such a case, the vote is considered invalid and the ballot will be torn by the commission and is not cast into the ballot box, giving the voter a new possibility to vote. A protocol is prepared on torn ballots.

If there are still voters in the booth, no one is allowed to stand closer than 3 meters from the booth.

If necessary to keep order in the polling station and to ensure free and fair elections, the Chairman and the Deputy Chairman of the PSC, by unanimous, recorded decision, may request the help of the police, which in this case is obliged to take only the measures requested. If no unanimity is possible and the commissions thinks that police presence is necessary, the decision is taken by 2/3 majority vote of all present members of the commission.

Armed persons are not allowed to enter the polling station.

Electoral subjects have the right to send to each polling station one observer, who is authorized by the ZEC.

Article 67
Voting is done with ballot models defined by the Council of Ministers. Ballots shall be of the same form, size, color and paper quality. The zone electoral commissions are delivered 10!40 ballots more than the number of voters registered in the respective voters' lists on the day of their announcement.

Article 68
The ballot is clearly divided[ in two parts. On the left side are the single-member zone candidates, and on the right are the electoral subjects. On the left side, next to each candidate, is printed the sign of the subject, the first name, father's first name and last name of the candidate and also the name of the subject he represents. For independent candidates, "independent candidate" is written. The sign and the name of the subjects listed for the additional mandates, are put on the right side, in alphabetic order. In both parts of the ballot, electoral subjects are listed in alphabetic order.

On both sides of the ballot, at the beginning of each line that contains the above-mentioned data. there is a separate area on which the voter makes remarks on the candidate or the electoral subjective is voting for. In this area the voter may put the sign (+), (x) or (-).

Article 69
During ballot counting and checking, as according to Article 64 of this law, if irregularities in color, form, contents, etc. of the ballots delivered to the commission are noticed, the PSC considers them invalid and marks them with the word "unusable'.

This rule applies also to ballots that before or during voting have been damaged, tom or filled in wrong.

The commission sets these ballots aside and their number is recorded in the final protocol.

Ballots found in the ballot box after voting is over, are considered invalid if they do not meet the requirement on shape, size, color, paper quality and composition and do not bear the stamp and signatures according to Article 64. Their number is recorded in the final protocol and these ballots are kept separately.

Article 70
When there are serious violations of the voting process, the PSC can decide to suspend voting until the violations are corrected. The CEC is immediately notified of this decision.

Article 71
The ballots with the names of the candidates for deputies in the zone and the lists of nation-wide candidates are posted outside the voting room or in any other obvious place.

 

CHAPTER X: VOTING RESULTS

Article 72
Immediately alter voting has ended, the PSC Chairman, in the presence of the commission and accredited observers:
a) declares the voting closed;
b) counts voters that have participated in the Voting according to the lists, which must be signed by the PSC Chairman, Deputy Chairman and Secretary and by any representative of the electoral subjects that may desire to do so. The lists are placed in an envelope that is sealed with the stamp of the polling station. The envelope itself is sealed by the Chairman, the Deputy Chairman and the Secretary of the commission and by the representatives of the electoral subjects that may desire to do so. The envelope is sent to the ZEC from which is taken the respective certification.
c) He counts the unused ballots, which are treated in the same way as indicated above in the second paragraph of section "b".

These actions must be completed in the above-mentioned order, and recorded in the final protocol.

Article 73
Following the completion of the above-mentioned activities:
a) The ballot box is opened and a member of the commission, selected by lot, takes out one ballot and gives it to the chairman who in a loud voice declares whether the ballot is valid and which candidate and subject it is in favor of. The ballot is shown to all members of the commission as well as present observers. Only after the results have been recorded and the ballot has been placed at the specified place, the next ballot can be taken out of the box.
b) Ballots found in the ballot box are counted. Ballots found irregular are counted; ballots found regular but not valid are counted; and in the end, regular ballots, valid for each of the candidates or subjects are counted.
c) The number of votes is compared with the number of voters in the voters' list and counting is repeated, if necessary.

These actions are completed in the above-mentioned order and are recorded in the protocol.

Article 74
Regular ballots found in the ballot box are valid and are counted as votes to the candidates or subjects participating in elections for People's Assembly, only if voters have market only one of the candidates or electoral subjects presented in the ballot.

In every other case, regular ballots are considered invalid, regular ballots. Ballots are considered as such even in the cases when the voter, although marking one of the candidates or subjects, has made additional marks on the ballot.

The PSC does vote evaluation. Disputable votes are initially examined and then evaluated. Any objection from commission members is recorded in the protocol and these ballots are kept separately.

Article 75
When voting, counting and evaluation of ballots is over, the PSC chairmanship compiles the respective protocol.

The protocol shall contain:
1. Zone and polling station number.
2. Starting and finishing time of voting.
3. Number of voters in the voter's list.
4. Number of voters in the supplementary list.
5. Number of voters according to notes on the voter's list.
6. Number of ballots delivered to the polling station.
7. Number of ballots destroyed before and during the voting process.
8. Number of unused ballots.
9. Number of ballots found in the ballot box.
10. Number of irregular ballots.
11. Number of regular ballots.
12. Number of regular ballots considered invalid.
13. Number of regular ballots considered valid for each of the candidates or electoral subjects.
14. Number of copies of the protocol prepared.
15. Different motivated remarks by commission members and specific observers and the decision taken in connection with them.

Data in items "3" to "14" is presented in figures and words.

The protocol is signed by the Chairman, the Deputy Chairman and the Secretary of the PSC and bears the appropriate stamp.

Each PSC member is obliged to sign the copies of the protocol. He has the right to include in the protocol all his remarks and next to his signature write the word "remarks". The absence of one member's signature in the protocol does not make it invalid. This rule also applies to the ZEC. Each of the commission members that have signed the protocol has the right to take a copy of it. The count being over, the PSC posts the results on an obvious place outside the polling station.

Article 76
The PSC submits to the ZEC the copies of the protocol with the voting results (at least in two copies, one of which is for the CEC), as well as the ballots, stamps, ballot boxes and every other material.

All these documents are delivered personally by the Chairman, the Deputy Chairman and the Secretary of the PSC accompanied by any representative of the electoral subjects no later than 24 hours from voting closure.

Article 77
The ZEC calculates the voting results based on the data from the PSC protocols and announces the results in the form of a protocol which should contain:
1. Number of zone and polling station.
2. Number of voters in voter's lists.
3. Number of voters in the supplementary lists.
4. Number of voters according to notes on the lists.
5. Number of ballots delivered to the PSC.
6. Number of ballots destroyed before and during the voting process.
7. Number of unused ballots.
8. Number of ballots found in the ballot box.
9. Number of irregular ballots.
10. Number of regular ballots.
11. Number of regular ballots considered invalid.
12. Number of regular ballots considered valid for each of the candidates or subjects. 13. Number of copies of the protocol prepared.
14. Different motivated remarks by commission members and specific observers and decisions taken in connection with them.
15. The protocol with the voting results in one-member constituencies includes the first name, father's first name and last name of the winning candidate; if a second round is to take place, first name, father's first name and last name of the two first candidates are included.

Data in items "2" to "13" is presented in figures and words.

As soon as calculation of voting results is over, the ZEC posts them on an obvious place outside the ZEC office.

Article 78
The ZEC delivers all protocols and other election materials to the CEC no later than 24 hours from receiving the results from all polling stations. Copies of the protocol with the voting results from the polling stations are sent back to the polling station.

The Chairman, the Deputy Chairman, the Secretary and any electoral subject representative who desires to do so, deliver the above-mentioned materials.

The CEC announces publicly the results from electoral zones no later than 72 hours from the final report of the ZEC.

The CEC also publishes a bulletin containing all voting results in the polling stations no later than 30 days from the official announcement of the results.

Article 79
The CEC announces the results no later than 10 days from the end of the second round and publishes them in the Official Gazette.

No later than 10 days from the end of the elections and solution of all possible conflicts, all materials of the CEC, as well as ballots and stamps collected by the prefectures are sent to the Peoples Assembly archive.

After the verification of the mandates by the Commission of Mandates and Immunity of the People's Assembly new legislature, its chairmanship, after hearing the opinion of this commission, decides on the deadline within which ballots are to be preserved, which should not be longer than 4 years.

 

CHAPTER XI: TERMINATION OF THE MANDATE OF A PEOPLE'S ASSEMBLY DEPUTY

Article 80
The mandate of the People's Assembly deputy is four years long, except when the assembly is dissolved before its mandate on the bases of the Main Constitutional Dispositions. It begins on the day of the first People's Assembly meeting and ends the day when the new assembly convenes. After the dissolution of the People's Assembly, until the meeting of the new People's Assembly, it can be re-called by a presidential decree with the proposal of the Council of Ministers.

The mandate of the People's Assembly deputy terminates prematurely in these cases:
a) When the deputy resigns.
b) When the deputy is declared guilty of having committed a crime by a final verdict of a court.
c) When the deputy refuses to take the oath of the office as foreseen in the regulation of the People's Assembly.
d) When the deputy loses the right to be elected for one of the above-mentioned reasons of this law.
e) When the deputy dies.

Article 81
When the mandate of a deputy terminated prematurely, the Commission of Mandates of the People's Assembly replaces the deputy whose mandate has terminated, choosing the following candidate among the candidates of the respective party list who have not benefited from the distribution of supplementary mandates. If no such candidate exists, this mandate is given to the candidate presented by the electoral subjects in one of he single-member zones, who among all other candidates of this electoral subject in the zones who have not won in this zone and do not appear in the party list of the respective subject, has collected the largest number of votes. When have such candidates exist, then the lot is drawn.

When a deputy gets another job that is incompatible with his mandate, his replacement is done according to the first paragraph of this article.

 

CHAPTER XII: PENAL AND ADMINISTRATIVE PROVISIONS

Article 82- Repealed

Article 83- Repealed

Article 84
Anyone who violates the provisions of this law must pay a fine of 10000 to 50000 Ieks, except for the cases when the violation is a penal offense.

Article 85
In cases of the violation of the provisions regarding the safekeeping and proper administration of ballots, voters' lists, ballot boxes and voting protocols, the fine increases to 50000 to 100000 leks, except for the cases when the violation is a penal offense.

Article 86
Persons performing duties on the basis of this law, who do not implement provisions of Articles 84 and 85, must pay a fine of 100000 to 150000 leks, except for the cases when the violation is a penal offense.

Article 87
Decisions regarding the payment of fines for administrative violations are made by the ZEC or the CEC. Final decisions regarding the payment of fines must be carried out and cannot be appealed.

 

CHAPTER XIII: TRANSITIONAL AND FINAL PROVISIONS

Article 88
The CEC issues special instructions for the implementation of this law.

Article 89
For the purposes of this law, the following are considered as foreign observers:
Representatives of the OSCE member states, the Parliamentary Assembly of the Council of Europe, the European Parliament and other organizations that are concerned with human rights issues.

Representatives of foreign political parties and movements as well as individuals invited by parties or groups of parties.

Representatives authorized by local and foreign organizations specialized in the field of elections

Article 90
The CEC issues necessary accreditation to election observers, reporters and representatives of the mass media.

Election observers have the right to move freely in the territory of the Republic of Albania, follow and observe the course of the activities carried out both during the election campaign and on election day. They have the right to ask, gather information and give their opinions publicly, always remaining impartial.

Article 91
Albanian citizens who live permanently outside the country or have lived abroad for more than a year and request to participate in voting, prove their identity with the international passport they bear. They have to issue a statement, declaring that they do not possess a valid identification card within the territory of the Republic of Albania.

Article 92
The Council of Ministers is appointed to provide the material and the financial means necessary to the organizational measures for the implementation of this law.

The CEC appoints a representative to the Directorate of Elections and Referenda at the State Secretariat of Local Government.

State administration institutions are obliged to take all preparative, administrative and logistic measures necessary to the election process, in accordance with the CEC and ZEC requests.

Article 93
Law no. 7423, dated 13 November 1990, "On People's Assembly Elections", as well as any other provision incompatible with this law, are abrogated.

Article 93a
Dispositions of law no. 8218, dated 16 May 1997:
For the implementation of the dispositions of this law in the first elections after its entering into force, the proportion position-opposition shall be defined on the basis of the political standings before 9 March 1997. Also, the division of the electoral zones will remain the same as in the last elections for People's Assembly.

The CEC, whose composition and function has been defined in law no. 8144, dated 11 September 1996, On the approval, with some additions and amendments, of the decree no. 1579, dated 13 August 1996, "On the composition of the CEC of the Republic of Albania", shall be re-created and continue functioning in accordance with the dispositions of this law.

Article 93b
Dispositions of law no. 8144, dated 11 September 1996, On the approval, with some additions and amendments, of the decree no. 1579, dated 13 August 1996, "On the composition of the CEC of the Republic of Albania" which defined the modalities of the CEC composition, are abrogated.

Article 94
This law comes into force immediately.

(Law no. 8218, dated 16 May 1997, which entered into force on 16 May 1997- Article 47.)

 

SOURCE: IFES