Home > Voting procedures > ALBANIA - Joint Recommendations on the Electoral Law and the Electoral Administration
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Paragraph 23

The constitutionally questionable CEC appointment process and qualified majority voting requirement appear to have resulted from a lack of confidence in the CEC running so deep that the two major political parties deemed the new provisions essential for the conduct of future elections. In order to strengthen confidence in the CEC and increase CEC transparency, the OSCE/ODIHR and Venice Commission recommend the following points, to the extent that they are not already expressly stated in clear language in the Electoral Code, be specifically codified in the text of the Electoral Code: (1) the CEC shall publish written regulations governing its work, including how meetings will be conducted, no later than 120 days before an election; (2) all meetings of the CEC shall be public; (3) the CEC shall, no later than twenty-four (24) hours before a meeting, publicly post at the main entrance to its office and all of its offices in Albania a notice for each CEC meeting, and the notice shall include an agenda of all items and matters to be considered at its meeting; (4) any person has the right to be included on the agenda of the CEC to discuss electoral issues, suffrage rights, or any other matter relevant to the conduct of elections, but such a request must be made at least forty-eight (48) hours in advance of a meeting and the CEC may limit the time for presentations, taking into consideration other items on the agenda and the number of requests for discussion; (5) during the entire time period after an election date has been set and until final certification of the election results, the CEC shall meet regularly at 9:00 a.m. every day and the CEC will hold additional meetings as necessary during this period; (6) the CEC shall thoroughly and completely consider all matters presented to it and, when reaching a decision, the CEC shall first attempt to make a decision by consensus and, should it be impossible to reach a decision by consensus, the CEC shall take a formal vote and the decision is approved when a simple majority of all members votes in favour of the decision; (7) every decision of the CEC, whether by consensus or formal vote, shall within twenty-four (24) hours be memorialised in a written form and signed by the Chairperson of the CEC, and a copy of the written decision shall be maintained in the office of the CEC Secretariat and available for public inspection and copying, and, as soon as the written decision is signed by the Chairperson, it shall be forwarded to the Secretariat where it shall be immediately recorded in the Secretariat’s records with a notation of the date and time received by the Secretariat where, after noting the date and time received, the Secretariat shall provide a notated copy to all members of the Commission, each person, candidate, or political party affected by the decision, the Secretary General  of the Assembly, and any person who requests a copy of the decision; (8) every member of the CEC shall publicly take an oath administered by the President of the Republic, where the member affirms to:  (i) promote conditions conducive to the conduct of free, fair, and democratic elections, (ii) ensure that the secrecy and integrity of the vote are respected, (iii) refrain from politically influencing any voter, (iv) perform all duties and functions with care, competence, honesty, and courtesy, (v) maintain strict impartiality in carrying out duties and functions and do nothing by way of action, attitude, manner or speech to give any other impression, (vi) not commit or attempt any act of crime or conflict of interest (including the commission or omission of an act in the performance of or in connection with one’s duties in exchange for money, gift or promise of reward from any candidates, political party, or any representative or agent of a candidate or party), (vii) shall make every effort to oppose or combat any act of crime or conflict of interest that is discovered in the course of their duties, (viii) shall make every effort to attend meetings, training classes or workshops that are set up to facilitate the carrying out of CEC functions, and (ix) shall safeguard all election material entrusted to the member and assist all observers and candidate and political party representatives engaged in legal observation activities.