Home > 1.3.2.3 Counting procedures/validity of ballots > ALBANIA - Joint Opinion on the Electoral Law and the Electoral Practice
 
 
 
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XI. Counting and tabulation of results


B. Counting procedure


4. Other issues


Article 115 provides procedures for the CEAZs to declare a ballot box “irregular” upon reception from the VCC in case it has or could have been tampered with. If irregularities are noted during the verification of election material or the count, the CEAZ makes a decision to continue the vote count, after the irregularity has been confirmed and reflected on the Record of Findings (Article 116.6). The Code does not contain any provisions for the CEAZ or the Counting Team to declare a ballot box irregular once the vote count has started. This may present problems in different directions: if a ballot box is evidently stuffed, then it is rather difficult to argue that it should be counted since it was declared regular upon receipt. On the other hand, Article 116.6 gives much discretion to the CEAZ, which can lead to arbitrariness. In fact, during the counting for the 2009 elections, Article 116.6 was interpreted as giving the CEAZ authority to stop the count of a ballot box or not to include it in the Aggregate Table of Results.