INFORMATIVE MATERIAL TO ASSIST VOTERS IN THE ELECTIONS FOR LOCAL GOVERNMENT BODIES OF FEBRUARY 18, 2007

About the Albanian Helsinki Committee 

The Albanian Helsinki Committee is the first non-government (non-profit) organization established in Albania (December 1990). AHC is a member of the International Helsinki Federation based in Vienna. The main mission of this Committee is to protect the freedoms and rights of citizens.

One of the areas of activity of the AHC is the monitoring of periodic elections in the country. Even before, AHC has made its contribution to the conduct of free and fair elections and to the further improvement of electoral reform in the spirit of international documents.

For the local elections to be held on February 18, 2007, AHC has accredited about 150 observers who will monitor specific aspects of the pre-election process, the electoral campaign, the voting process, as well as the vote counting process.

Furthermore, AHC has been engaged in the process of sensitizing voters to participate in the elections and in informing them about their rights and the voting procedure.

AHC will extend its monitoring mainly in those districts where its correspondents operate, such as in Tiranë, Durrës, Elbasan, Shkodër, Fier, Korçë, Gjirokastër, and Vlorë.

At the end of the voting day, AHC will issue a preliminary report. Upon conclusion of the entire electoral process, AHC will prepare the final report that will also include recommendations on how to improve the electoral process and better respect the rights of voters.

FEBRUARY 18, 2007 ELECTIONS FOR LOCAL GOVERNMENT BODIES

What are the local government bodies we will vote for on February 18, 2007?

1. By decree of the President of the Republic of Albania, elections for local government bodies will be held on Sunday, February 18, 2007.

2. Every person who has turned eighteen years old, even on election day, has the right to elect and to be elected.

3. The vote is personal, equal, free, and secret.

4. Mayors or commune chairmen, as well as members of municipal or communal councils are elected through direct vote by voters residing in the territory of municipalities or communes.

5. Candidates for local government bodies should be citizens who are permanent residents in the respective local government unit. They may not be deputies in the Assembly of Albania.

6. Representative bodies of basic local government units are the councils, elected every three years, but, with the amendments made to the Constitution, to be elected every four years.

7. The executive body of the municipality or the commune is the chairman who is elected directly through general elections that are direct and by secret vote.

8. Municipal and communal councils:

1. Regulate and administer independently the local issues within their jurisdiction;

2. Exercise the right to property, administer independently collected revenues, and have the right to conduct economic activities;
3. Have the right to collect and spend collected revenues that are indispensable for the exercise of their functions;
4. Have the right to establish, in keeping with the law, local taxes, issue instructions, decisions, and orders.

9.  According to amendments made to the Electoral Code, on January 13, 2007, the documentation for candidates for mayors or commune chairmen, or for the municipal or communal council, should be submitted to LGECs no later than January 23, 2007 and the LGEC verifies the accuracy of the documentation no later than January 25, 2007.

II On the voter lists 

• When should the preliminary voter lists be announced?

The voter lists shall be announced no later than January 21, 2007. They are posted nearby the respective units and voting centers, in public areas that citizens can access freely.

• What should the voter do when his/her name is not on the list or contains errors or inaccuracies?

He/she should present to the chairperson of the relevant local government unit the request for changes to the preliminary voter lists.

• How long does the voter have to submit this request?

The request for making changes to the preliminary voter lists may be submitted no later than February 6, 2007, that is, within 16 days from the day the voter lists have been announced. Although this is a relatively brief time, immediate interest by voters after the announcement of the lists shall enable them to vote, so that no voter is left without voting.

• What does the local government unit chairperson do upon receipt of the above request?

He should review it and decide within 24 hours after receiving it.

• What happens if the local government unit chairperson rejects the request?

If the request is rejected, the local government unit chairperson should send a copy of this decision to the requester no later than 24 hours from the date the decision was made.

• Does the voter have the right to complain against the decision that rejected his/her request?

Yes. The voter has the right to complain to the court of the judicial district where the local government unit is, no later than 48 hours from receiving the decision, against the decision of the mayor, commune chair, or municipal councils or if he/she does not receive a a decision.

• Is there a time limit for the court to review the complaint?

Yes. The court reviews the complaint of the voter and makes a decision within 24 hours from the moment the complaint is submitted. If the requester or his/her representative does not appear in court, the court shall drop the case. When the defendant does not appear on trial, the adjudication takes place in his absence. The court shall notify the missing party of its decision within 24 hours from the date the decision is announced.

• What happens if the court decision is in favor of the voter?

In this case, the chairperson of the respective local government unit is obliged to enforce the decision of the court within 24 hours from notification of the decision, that is, make the correction in the voter list. However, in spite of this, he/she will need to notify the parties (the requester and the respective local government unit chairpersons) of its decision in writing.

• What happens if the court decides after the approval of the final voter list?

In this case, on election day, the voter shall present to the voting center commission (VCC) the decision of the court. The name of the voter presenting this decision is written by the VCC in a special register. The court decision and a personal certificate of the voter, with a photo, issued by the civil registry office is attached to the register.

• What happens with the final voter lists?

No later than February 7, 2007, the chairperson of the respective local government units sends the final voter lists to the LGEC. Within 24 hours upon receipt of the final voter lists, the LGEC shall announce them nearby the voting centers and at freely accessible locations.

• Should the voter be notified of the number and location of the voting center?

Yes, he/she should be notified. The Electoral Code says that, within 10 days from the approval of the final voter lists, the chairperson of the local government unit shall notify in writing the voters of the number and location of the voting center. This is done for every voter included in the voter lists. To make such notifications, the chairperson of the local government unit shall task the district administration or, on a case by case basis, chairpersons of villages included in the respective local government unit, and, when necessary, other persons of the local government administration.

• Will notifications be made to the voter himself/herself or even to other persons knowing him/her?

The Electoral Code says that persons assigned to notify voters shall present the notification personally to the voter and, in his/her absence, to an adult member of his/her family found in the voter’s home. In this case, the person signs to admit receipt of this notification.

• If the voter, for different reasons, is not notified, does that mean that he/she is not on the voter list?

No, the voter may be on the list, but, for different reasons, may have not received the notification. Therefore, in this case, in order to ensure whether he is on the list, he should check for the list himself directly.

• Does the voter have the right to complain when noticing that his name is not on the final voter list that has been announced? Where can he complain?

When noticing that the voter list does not include his name, the voter has the right to submit a request to the respective judicial district court, up to 24 hours before the election day. The court reviews the request and decides even on the last day before election day, but no later than 6 hours before the polls close. The decision acknowledging the request includes allowing the voter to vote and the number of the voting center where he may vote.

With this decision, the voter goes to the voting center and presents it to the VCC. The name of the voter is reflected in a special register. The court decision and a personal certificate of the voter, with a photo, issued by the civil registry office is attached to the register.

III Voting documents 

Elections shall be held on Sunday, February 18, 2007. The voting starts at 7:00 in the morning and closes at 18:00 in the evening.

• What documents may a voter vote with?

Documents a voter may vote with are: passports, old IDs, and a birth certificate with a photo, issued by the respective civil registry office.

• What amendments were made to the Electoral Code on cases when the voter does not have a passport or old ID? Is voting by birth certificate with a photo allowed?

The law approved on January 13, 2007, for those who do not have a passport or an old ID, and will vote with a birth certificate, provided for special rules that every voter should be acquainted with.

• There are persons who obtained birth certificates 5-6 months ago. Are those valid for voting?

In the law, voting by birth certificates with a photo is divided into two categories: the first category is that of birth certificates issued after November 1^st, 2006, that is, from the time the special civil registry register was created; the second category is that of certificates issued before November 1^st, 2006, that is before the above-mentioned register was created.

This rule was established in order to prevent potential manipulations or fraud with birth certificates.

• What happens with persons who have certificates issued after November 1^st, 2006?

The voter who obtained a birth certificate with a photo, issued after the creation of the special civil registry register until one day before the election date, is allowed to vote only if this certificate is registered in the special register maintained by the assigned civil registry office employee. For this purpose, no later than 24 hours before the election date, the civil registry office shall send the VCC of the respective local government unit a copy of the special register. A copy of this register is sent to both the Democratic Party and the Socialist Party. The VCC, no later than 12 hours before the voting begins, shall send to the respective VCCs certified copies of the temporary register issued by the civil registry office. Thus, when the voter presents the certificate, the VCC compares the register to the presented certificate.

• What is done for persons who obtained birth certificates with photos before the special register was created?

In these cases, the voter who presents himself to vote with a birth certificate with a photo, issued during period before the special registry office register was created, is allowed to vote if the serial number of the birth certificate he presents matches one of the serial numbers of certificates reflected in the maintained process-verbal and if, at the same time, he presents also one two originals of the following documents:

1. a passport with an undamaged photo, whose legal deadline for use has passed;
2. digitalized drivers' licences;
3. original university diploma, with an undamaged photo;
4. original high school diploma, with an undamaged photo;
5. a document on immovable property, issued by a notary's office at the respective municipality;
6. a grades record book of current students;
7. a private activity licence, issued from 2000 onward, with a photo, issued by the taxation body of the local government unit where the voter's name is included in the final voter list.

• In this case, what does the voter do when he goes to vote?

He submits to the VCC the certificate and copies of the supportive original documents. The voter marks his name and family name, as well as his signature.

• What happens if the voter does not submit the additional documents mentioned above?

In this case, he is allowed to vote only if he presents a new certificate, an old passport (issued before 1990), or a passport.

• A large number of voters are pensioners. Can they use their pension booklet?

The majority of pensioners have a passport or pre-'90 passport. These documents are required when the pension is obtained, of course, submitting the pension booklet too. However, if the pensioner will have neither a passport, nor a pre-'90 passport, the procedure will be the same as for all other voters who have birth certificates with a photo, issued before and after the creation of the special register mentioned above.

• What documents should Albanians who have emigrated vote with?

If they return to Albania on election day or are in Albania that day and are listed on the final voter list, they will vote with a passport or an expired passport as well as the foreign country identity card. In this case, an "E" is marked next to the name on the voter list.

• What is done in those cases when voters do not have the supportive documents that verify his/her identity and who do not possess any other document allowed for verifying identity?

According to the Electoral Code, persons equipped with birth certificates with a photo, issued before the creation of the special register, have the right, at any time, to present themselves to the civil registry offices and:

1. Be given priority for obtaining a birth certificate with a photo, issued for free, for election purposes by the civil registry office where the voter list is registered;
2. This certificate must be registered in the proper register.

• What about those voters who, for different reasons, did not make use of this right before?

The law allows for equipping these voters with a photo, taken for free, and a certificate, for free, for every voter, for election purposes, until 12 hours before the election day and even on election day, until 14:00.

• Will civil registry offices be open?

Yes. Throughout this period, civil registry offices will work extra hours and, two persons appointed by the prefect monitor their activity in the municipalities and region centers.

Used certificates and photocopies of accompanying documents, administered during the voting process, will be preserved.

• Does the law provide for measures against certificate fraud?

The Electoral Code says htat the production, distribution, and use for the elections of falsified certificates is punishable by 2 to 5 years of imprisonment and, when done in cooperation with others, is punishable by 3 to 7 years of imprisonment.

III. Other issues related to voting

• Will the temporary register and the list of voters with a temporary residence be used again?

No. Provisions dealing with a temporary register and the drafting of lists of voters with a temporary residence have been removed from the Electoral Code.

Only the fundamental residence register, kept by civil registry offices, will be the basis for drafting the voter lists. Therefore, any person with a temporary residence should either transfer the temporary residence, or, on election day, should go to vote in the place where he is registered in his fundamental residence register.

• Where will prisoners and detainees vote?

Prisoners and detainees, according to item 3 of article 63 of the Electoral Code on local elections, shall vote in the respective institutions, but this is valid only for those whose residence is in the same local government unit where the institution is located or where they are being kept in detention. Both chairpersons of the respective local government units and heads of the above institutions, should keep this in mind.

• What about students?

Students, too, will vote where they reside, not where they study.

• What about persons in hospitals or other health institutions?

According to item 5, article 63, of the Electoral Code, at hospitals or other health institutions that admit patients for over three days, the same procedures shall be observed as in prisons and pre-trial detention facilities. This means that only those patients will vote whose place of residence is at the local government unit is the same as where the hospital or health institution is.

The voter and the voting procedure

Voter's duties when entering the voting center:

• As soon as the voter enters the voting center, he/she shall do the following:
• Says his/her name and family name.
• Presents to the voting center commission an official document, such as: an old (pre'90) passport, a passport, or a birth certificate with a photo.
• A verification is made whether he election-specific ink on his finger.
• His name and family name are marked in the respective register.
• The voter signs on the voter list, on the side.
• Special, visible ink is sprayed on his left hand.

• What happens if the voter does not agree to have his finger sprayed?

If the voter dos not agree to have his finger sprayed, he is not allowed to vote and, in this case, a note is made on the protocol book.

• What happens with persons who cannot vote due to physical reasons?

In such cases, they vote through the assistance of another person, such as a family member or another voter listed on the election list of the voting center zone. Both voters should be present at the voting center where the procedure is used. Family voting, as has happened in the past, is strictly forbidden.

• What happens when the ballot, given to the voter before voting, is damaged, for different reasons?

In this case, the VCC gives another ballot and a note is made in the process-verbal, whereas damaged ballots are closed in a special envelope.

• What is done in those cases when, by 18:00, there are voters who have not voted yet?

The law says that voting centers should close at the time specified in the law, that is, by 18:00, of February 18, 2007. However, the law does allow for the postponement of the closing time. Article 8, item 3, of the Electoral Code says, "Nobody may vote after the time of the closing of the voting center, except for voters waiting to vote at the time the voting center closes.

IV  In specific cases, free elections and respect for a democratic system require criminal punishment for persons violating them.

According to the Albanian Criminal Code:

• The prevention either violently or through any other means electoral entities to conduct regularly their activity in conformity with the law during an election campaign, is punishable by a fine or up to three years of imprisonment.
• Presenting to the election documents of data, circumstances, figures, which are known to be incorrect, drafting false documents and replacement of the originals with forged copies, committed by persons in charge of drafting, assessing, providing the results or storing the documents, is punishable by a fine or up to five years of imprisonment.
• Violating voting secrecy by persons in charge of elections constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.
• Offering or giving money, making promises for jobs or other favors in any form, with the intent of getting signatures for presenting a candidate, for voting in favor or against a candidate or for taking part in or abstaining from taking part in elections, constitutes criminal contravention and is punishable by a fine or up to six months of imprisonment. Accepting money, promises or other favors in order to conduct the above-mentioned actions, constitutes criminal contravention and is punishable by a fine.
• Threat to a voter to vote in favor of or against a candidate or to take part or to avoid taking part in an election is punishable by a fine or up to two years of imprisonment.
• Threat or any other unlawful act toward the candidate with the intent of [forcing him to] withdraw his candidacy or to prevent him from exercising any activity legally permitted during an election campaign, is punishable by a fine or up to two years of imprisonment.
• Intentional failure to register on election lists people who enjoy election rights or intentional registration thereon of persons, who do not enjoy these rights, is punishable by a fine or up to one year of imprisonment.

Electoral Code

According to the Electoral Code:

• The conduct of electoral campaigns in depoliticized institutions is prohibited.
• Propaganda for or against a candidate or other electoral subject by foreigners is prohibited.
• The members of the election commissions and employees of the public administration in the service of these commissions have criminal and administrative liability.
• Voting in the same elections more than once constitutes a criminal infraction and is punishable by fine or by six months to two years of imprisonment.

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