East European Constitutional Review

REPUBLIC OF ALBANIA

THE ASSEMBLY

LAW

No. 8609 dated May 8, 2000

THE ELECTORAL CODE OF THE REPUBLIC OF ALBANIA

In reliance on articles 81 and 83 point 1 of the Constitution, on the proposal of the Council of Ministers,

THE ASSEMBLY

OF THE REPUBLIC OF ALBANIA

D E C I D E D:

FIRST PART

CHAPTER I

DEFINITIONS AND PRINCIPLES

Article 1

Purpose of this Code

The purpose of this Code is the specification of rules:

for voting for elections to the Assembly, for the organs of local government and for a referendum;

b) for the organization and functioning of the election commissions;

for the preparation and improvement of voters’ lists;

ç) for the determination of electoral zones;

for the registration of electoral subjects and their financing;

dh) for the reflection of electoral campaigns by the media;

for the organization and validity of referenda;

ë) for procedures of voting and the issuance of the results of elections;

for criminal and administrative violations of the provisions of this Code.

Article 2

Definitions

For purposes of this Code:

The "election date" is the date of voting set in the decree of the President of the Republic and does not include the date on which a second round of voting may be held.

"Special institutions" are prisons, places of pre-detention, hospitals or other health institutions that accept patients for more than three days.

A "candidate" is an Albanian citizen registered with the electoral commissions as a candidate for deputy, or for mayor of a municipality or commune, or for a municipal or communal council, in accordance with this Code, who is to be voted on in the elections.

An "independent candidate" is a candidate for deputy, or for mayor of a municipality or commune or a municipal or communal council, who is not supported by any political party.

A "joint candidate" is a candidate of a single-member electoral zone or another electoral unit, who is supported by two or more political parties.

A "coalition" is a grouping of two or more political parties registered with the CEC that submits a joint multi-name list for the elections to the Assembly or the organs of local government.

"VCC" is a Voting Center Commission.

"CEC" is the Central Election Commission, created according to article 154 of the Constitution.

"LGEC" is a Local Government Election Commission.

"ZEC" is a Zone Election Commission.

"Voters’ lists" are the official documents of the registration of voters for each polling unit provided in accordance with this Code.

A "multi-name list" is a list of candidates of a political party or coalition, approved by the CEC, which serves for the election of candidates in the proportional system.

An "electoral unit" is either an electoral zone, or a municipality or commune in the case of local elections.

A "political party" is a party registered in accordance with law no. 8580, dated 17.2.2000, "On Political Parties."

The "election period" is the period from 30 days before the election date until the final announcement of the results of the voting.

A "representative of an electoral subject" is a person authorized by a candidate or a registered political party to follow their interests in the elections and participate in the meetings of electoral commissions, in the name and for the account of the candidate or the party.

A "voting center" is the premises designated for holding the voting, in accordance with this Code.

The "second round" is the second day of voting in an electoral unit because no candidate won the required majority of votes on the election date, in accordance with the Code.

A "constitutional referendum" is a referendum held pursuant to point 4 or 5 of article 177 of the Constitution.

A "general referendum" is a referendum held pursuant to articles 150, 151 and 152 of the Constitution.

A "local referendum" is a referendum held pursuant to point 4 of article 108 of the Constitution.

"The National Registry of Voters" is the official document in which all voters of the Republic of Albania are registered.

"Revision of the lists" is the process of taking out or putting in names, or changing the data, in the voters’ lists.

A "student" is every voter registered as a full-time student in an educational or job training program in Albania of at least three months in duration and whose residence for purposes of this education or job training is a place other than his domicile.

"Electoral subjects" are political parties or coalitions registered with the CEC, their candidates or independent candidates registered with a ZEC or LGEC.

"Domicile" is the place where a voter is registered in the civil status register, according to the condition of article 12 of the Civil Code.

"Residence" is the place within the territory of the Republic of Albania where the voter is temporarily located within the meaning of article 14 of the Civil Code.

A "voter" is every Albanian citizen qualified to vote.

"Voters in the armed forces or police forces" are all voters who serve in the armed forces or the police forces and reside in a military or police base.

"Elections" are the voting for the Assembly, the representative organs of local government or for a referendum.

"Partial elections" are the voting to fill the seat of one of the 100 deputies elected in single-member zones or the place of a mayor of a municipality or commune, as well as for the election of a new local council in case of dissolution.

"Polling Unit" is a geographical zone within a municipality, commune, or electoral zone established in accordance with this Code.

"Electoral zone" is one of the 100 geographical divisions of the territory of the Republic of Albania established in accordance with the Constitution and the rules of this Code, in which voting takes place for the election of a deputy.

Article 3

General Principles

Elections are conducted through free, secret and direct voting, according to the rules provided in this Code.

Every Albanian citizen, without distinction of race, ethnicity, gender, language, political conviction, religious belief, or economic condition, has the right to vote and to be elected in conformity with the rules provided in this Code.

Voters freely exercise the right to vote in conformity with the rules provided in this Code.

Voters are equal in the exercise of the right to vote and to be elected.

The division of electoral zones is done including in each one an approximately equal number of voters.

Every voter has the right to only one vote for the election of an electoral subject or referendum alternative, in accordance with the rules set forth in this Code.

Electoral subjects are free to make electoral propaganda in any lawful manner.

Electoral commissions provided in this Code fulfill their responsibilities in an impartial and transparent manner.

Article 4

Setting the Election Date

The date of the elections is set by decree of the President of the Republic, according to the rules provided in articles 65, 109, 115, 151 point 3, 152 point 3 and 170 point 6 of the Constitution of the Republic of Albania.

The first round of elections for the Assembly take place 60 to 30 days before the termination of its mandate and no later than 45 days after its dissolution.

The first round of elections for the organs of local government are held 60 to 30 days before the end of the mandate of the existing local organs, or no later than 45 days after their dissolution or discharge. In case of an appeal from the dissolved or discharged organ, the President of the Republic sets the date of elections no later than 45 days after the decision of the Constitutional Court. In the case of non-exercise of the right to appeal by the organ of local government dissolved or discharged, the President of the Republic sets the date of the elections no later than 30 days after the end of the time period for an appeal contemplated in article 115 point 3 of the Constitution.

The decree setting the date of elections contains: the date of the election and the date for second round elections.

Elections are held on a Sunday.

Article 5

Hours of Voting

When the date of the elections is on or between March 31 and October 15 of any given year, the voting centers open at 8 AM and close at 6 PM.

When the day of elections is on or between October 16 and March 30, the voting centers open at 7 AM and close at 6 PM.

No one may vote after the hour when the voting centers close, except voters who are waiting to vote at the time of closing.

SECOND PART

VOTERS. ELECTORAL SUBJECTS. OBSERVERS.

CHAPTER I

VOTERS

Article 6

Conditions for Being a Voter

Every Albanian citizen who has reached the age of 18 on or before the election date, and who fulfills the conditions provided in this Code, has the right to vote for elections to the Assembly, local government organs and in referenda.

Citizens declared by final judicial decision as incapable of acting because of mental inability are excluded from the right to vote.

Article 7

Registration of Voters

Voters vote in the voting center in the zone where they are registered on the voters’ list.

Article 8

Voters who Live Outside the State

Voters who live in another state have the right to vote only in the territory of the Republic of Albania at the place where they are registered in the registry of civil status, provided they are registered in the National Registry of Voters, in accordance with the procedures in this Code, and possess a voter card.

Article 9

Voters in Special Locations

Voters who, on the date of the election, are residing in special institutions, military bases or police facilities, as well as students, vote in accordance with the rules provided in this Code.

CHAPTER II

CANDIDATES

Article 10

Conditions for Being a Candidate

In addition to the conditions for being a voter, a candidate also meets the conditions of point 3 of article 45 and article 69 of the Constitution.

A candidate for the local government organs, in addition to the conditions provided in article 45 of the Constitution, shall be a citizen domiciled in the respective local government unit. A candidate for the organs of local government may not be a deputy in the Assembly or a candidate for deputy.

The candidates of the party lists deposited with the electoral commissions shall meet the conditions contemplated in points 1 and 2 of this article.

Article 11

Filling Vacancies in the Elected Organs

When the seat of a deputy in the Assembly is vacant, it is filled by a new member.

When the mandate of a deputy elected from the multi-name list of an electoral subject ends prematurely, his seat is filled by the next candidate on the list.

When the mandate of a deputy elected in a single-member zone ends prematurely, the vacancy is filled by a new deputy elected by the voters of the same electoral zone. On the basis of immediate notification by the Speaker of the Assembly, the President of the Republic sets by decree a date for partial elections in that zone, no later than 45 days from receipt of the notification. The deputy elected to fill a vacant seat serves until the end of the mandate of the deputy who left.

When the mandate of a deputy elected in a single-member zone ends prematurely during the last 6 months of the mandate of the Assembly, his seat is filled by the appropriate candidate from the multi-name list of the respective electoral subject. If the mandate of an independent deputy terminates during such period, he is not replaced.

When the seat of a mayor of a municipality or commune is vacant, the Council of Ministers informs the President of the Republic within two weeks. The President of the Republic sets the date of partial elections to choose a new mayor of the municipality or commune within 45 days from the date of notification. When the seat of a council member in the municipality or commune becomes vacant, it is filled by the appropriate candidate of the respective multi-name list.

If the seat of a mayor of a municipality or commune becomes vacant during the last 6 months of his mandate, the respective council elects from its members a new mayor to serve until the end of the mandate.

Partial elections are held according to the same procedure as general elections.

CHAPTER III

POLITICAL PARTIES

Article 12

Registration of Political Parties

Every political party that nominates candidates for deputy, candidates for mayor of a municipality or commune or for council members of a municipality or commune, in compliance with the procedures contemplated in this Code, is registered with the CEC as an electoral subject no later than 45 days before election day.

To register with the CEC, a political party shall submit:

verification that the party is registered with the Tirana District Court;

the name, surname and address of the chairman of the party, who is the person authorized to nominate candidates;

the official name, initials and address of the party;

ç) a copy of the party’s seal;

the name and address of the financial officer of the party;

dh) The name and address of the person responsible for communication with the CEC.

Article 13

Registration of Coalitions

Two or more political parties may be registered with the CEC as a coalition by submitting the composition of the coalition and the joint multi-name lists for the Assembly or the local councils.

CHAPTER IV

OBSERVERS

Article 14

The Right to Appoint Observers

Foreign and local non-governmental organizations, as well as international organizations specialized and engaged in the promotion and defense of human rights, have the right to send observers to every voting center and to every election commission.

Every Albanian citizen who meets the conditions for being a voter according to this Code and who is proposed by a subject contemplated in point 1 of this article has the right to be an observer.

The CEC approves the observers’ lists submitted by the subjects contemplated in point 1 of this article and issues authorizations for all observers no later than four days before the date of the voting.

Article 15

Rights and Duties of the Observers

1. While performing their duties the observers have these rights:

to observe all aspects of the preparation and conduct of elections;

to submit written comments to the election commissions for every kind of irregularity that they notice.

2. The observers have these duties:

to respect the requirements of this Code and the instructions of the CEC on election observation;

to act in an impartial manner and not to make propaganda for any candidate, party, or referendum alternative, at the voting centers or in other places prohibited according to the Code;

to present themselves at the election commissions with the authorization issued by the CEC and an identification document accepted by the CEC;

ç) not to bear distinctive signs that serve as means of propaganda or that might influence the voters’ will;

not to interfere with the activity of election commissions.

THIRD PART

ELECTION COMMISSIONS

CHAPTER I

THE CENTRAL ELECTION COMMISSION (CEC)

Article 16

Qualifications of Members

Members of the CEC shall possess knowledge and professional experience in one of the following areas: law, administration of elections, public administration, or public relations.

An Albanian citizen domiciled in Albania who meets the following requirements is elected a member of the CEC:

he enjoys the right to vote and to be elected;

he possesses a university degree;

he has not been convicted of a crime by final court decision;

ç) he has not been a member of the steering bodies of a political party during the last three years.

Article 17

Selection of CEC Members

The members of the CEC are selected pursuant to article 154 of the Constitution. The members of the CEC collectively shall satisfy, at any time, the requirements of point 1 of article 16 of this Code.

The President of the Republic appoints two members of the CEC after consultations with groups representing a broad spectrum of society.

The Assembly elects two members of the CEC on the basis of proposals of the Bureau of the Assembly, which draws up two lists with three names each proposed by the groups of the opposition and the parliamentary majority. If none of the candidates of a list receives the required number of votes, the Bureau of the Assembly submits a new list.

The High Council of Justice elects three members of the CEC by secret ballot, on the basis of proposals from the National Judicial Conference and individual applications. All proposals and applications are made public. The National Judicial Conference nominates 6 jurists, at least one of whom is elected a CEC member.

After his election, a member of the CEC immediately resigns from every other state and political activity.

Members of the CEC may be re-appointed only once.

Article 18

Competencies

In implementation of article 153 of the Constitution, the CEC performs these duties:

It issues, for the implementation of the law and within its jurisdictional sphere, decisions and instructions with general legal authority in the entire territory of the Republic.

It decides on the unification of electoral practices.

It manages and reviews the process before and during the elections.

It announces by decision the national final results of the elections, in accordance with the declarations of the ZEC or, as the case may be, the LGEC.

It announces the winning candidates from the multi-name lists for deputy.

It administers the process of voter registration, and maintains the National Voters’ Registry, according to the rules provided in this Code.

It implements education programs for voters and training programs for election commission members.

In compliance with this Code, it appoints and dismisses the members of the ZECs, LGECs and regional election commissions and supervises them during the performance of their duties.

If on the date of the elections for any reason a quorum is not achieved for the holding of meetings of a ZEC, LGEC or VCC, the CEC immediately names the members necessary to constitute a quorum.

It publishes a bulletin of election, which contains the voting results in each electoral unit and voting center as well as a report of election expenses.

Within the month of February of each year, it submits an annual report to the Assembly regarding its activities for the previous year.

It prepares its annual draft budget according to law no. 8379, dated 29.7.1998, "On the Drafting and Implementation of the State Budget."

It administers the funds put at its disposition from the state budget and from other lawful sources, in the service of the elections.

It reviews and decides on the complaints of the representatives of the electoral subjects about the conduct of the voting process, in accordance with the provisions of this Code.

It decides on the compensation of members and non-voting representatives of the election commissions.

It orders administrative penalties against persons who commit administrative offenses related to the elections and brings a criminal complaint when criminal acts are committed in connection with elections.

It performs other duties stemming from this Code or from other laws.

Article 19

Meetings and Decision-Making

Meetings of the CEC are open to the public, with the exception of matters related to personnel issues and budget development.

Meetings of the CEC are called jointly by the Chairman and Vice Chairman of the CEC or at the request of at least three of its members. In an election period, the CEC remains in session according to the time schedule specified at the first meeting after the election date is decreed. The time schedule of the meetings is posted in a visible public place at the CEC and is published in the three newspapers with the largest circulation.

Meetings of the CEC are valid when no less than four of its members are present.

Substatutory acts, decisions announcing the results of elections, decisions for the approval of the voters’ lists, and decisions to propose to the Assembly to discharge a CEC member are approved by at least four votes of the CEC. All other decisions are taken by a majority of the members present.

Normative acts of the CEC become effective only upon publication in the Official Journal.

Decisions of the CEC are announced immediately, together with the minority opinion, and are signed by all the CEC members who have voted.

The final results of an election are announced no later than three days from the date when the CEC receives all official data from the electoral commissions or court judgments on appeals against decisions of the electoral commissions. The decision is published in the Official Journal no later than three days from the date the decision is taken.

Article 20

Immunity of Members

A member of the CEC may be criminally prosecuted only with the approval of the Assembly.

A member of the CEC may be detained or arrested only if apprehended while committing a crime or immediately after its commission. In these cases, the competent organ notifies the Constitutional Court immediately. If the Constitutional Court does not consent within 24 hours to bring the arrested judge before a court, the competent organ is obliged to release him.

Article 21

Salary

The salary of a CEC member is equal to the salary of a High Court judge.

The salary of the CEC Chairman and Vice Chairman is 10 per cent higher than the salary of a CEC member.

Article 22

Premature End of Mandate

1. The mandate of a CEC member ends prematurely when:

he is convicted of a crime by final court decision;

he is absent from work for more than three months in a non-election period or for more than 5 consecutive days during an election period;

he loses the right to vote;

ç) he resigns.

In these cases, the chair of the CEC notifies the organ that appointed the member within 24 hours.

Article 23

Discharge of CEC Members

A member of the CEC may be removed by the Assembly by two-thirds of all its members for violation of the Constitution, mental incapacity or physical incapacity that seriously hinders the performance of his duties, or acts and behavior that seriously discredit the integrity and reputation of a CEC member.

The discharge of a CEC member is proposed by one-fifth of the deputies or by the CEC, which decides by the majority contemplated in article 19, point 4 of this Code.

The decision of the Assembly is reviewed by the Constitutional Court, which, when it determines the existence of one of the grounds contemplated in point 1 of this article, declares his removal from office.

Article 24

Rights and Duties of CEC Members

Members of the CEC take part regularly in the meetings of the CEC and perform the duties contemplated in this Code and in the substatutory acts issued by the CEC. They exercise their functions in their individual capacity and vote freely according to their internal convictions.

Article 25

Renewal of the Composition and Replacement of Members

Between March 1 and March 31, 2003, one of the members appointed by the President, one of the members appointed by the Assembly, and one of the members appointed by the High Council of Justice are replaced by the respective organs.

Between March 1 and March 31, 2006, the second member appointed by the President, the second member appointed by the Parliament, and one of the remaining two members initially appointed by the High Council of Justice are replaced by the respective organs.

The members who are replaced pursuant to points 1 and 2 of this article are determined by lots cast 30 days after the effective date of this Code.

The third member initially appointed by the High Council of Justice and the new members appointed according to points 1 and 2 of this article are replaced at the end of their seven year mandate by the respective organs.

The new members are appointed within 30 days from the termination of the mandate of the departed members.

In case the mandate of a member ends prematurely in accordance with article 22 or 23 of this Code, the organ that appointed the departed member appoints a replacement within 30 days from the date of the vacancy notice. The replacement remains in duty until the end of the full mandate of the prematurely departed member.

Notwithstanding point 5 of this article, the membership of the CEC is not changed during an election period. In these cases, the incumbent members are replaced within 30 days from the termination of the election period. In case the mandate of a member ends prematurely during an election period, he is replaced by the respective organ as soon as possible but no later than within 48 hours.

When the seat of the Chairman or the Vice Chairman is vacant, the CEC elects a new chair or vice-chair within 15 days. During an election period, the Chairman or the Vice Chairman is elected as soon as possible but no later than within 48 hours of the creation of the vacancy.

Article 26

Privileges after Termination of the Mandate

After the termination of the mandate, a member of the CEC receives all the benefits granted to a judge of the High Court under law no. 8097, dated 21.3.1996, "On State Supplementary Pensions for Persons Who Hold Constitutional Functions and for State Employees." A member of the CEC does not enjoy these privileges when his mandate ends prematurely pursuant to letters "a" or "b" of point 1 of article 22 or article 23 of this Code, except when he is discharged by the Assembly for mental or physical incapacity.

Article 27

The Chairman of the CEC

The CEC elects the Chairman by secret vote from the ranks of its members.

The members of the CEC vote for the Chairman by selecting one of the members on a ballot.

The member of the CEC who has won the majority of the votes of all members is elected Chairman. When none of the members wins the required majority, a second round of voting is held between the two members who won the most votes in the first round.

The Chairman is elected for a three-year period with the right of re-election only once.

The mandate of the Chairman is counted within his term as a member.

Article 28

Duties of the Chairman

The Chairman of the CEC performs these duties:

He chairs meetings of the CEC.

He represents the CEC in relations with third parties.

He performs other duties contemplated in this Code.

Article 29

Vice Chairman of the CEC

The Vice Chairman of the CEC is elected with the same procedure and term as the Chairman of the CEC.

The Vice Chairman performs the duties of the Chairman in his absence.

Article 30

Secretary of the CEC

The Secretary of the CEC is the highest civil servant in the administration of the CEC and is appointed by the CEC on the basis of candidacies selected according to law no. 8549, dated 11.11.1999, "Status of the Civil Servant." The Secretary of the CEC shall be a lawyer with no less than five years of experience in election or public administration and shall meet the criteria for being a member of the CEC.

The Secretary of the CEC performs these duties:

He coordinates the activity of the CEC with the competent organs and ensures implementation of the decisions of the CEC.

He organizes the procedure for the election of the Chairman and Vice Chairman of the CEC.

He takes measures for the proper conduct of meetings of the CEC.

ç) He takes measures for the publication of normative acts of the CEC in the Official

Journal.

He supervises the filing and maintenance of CEC decisions in a public register.

dh) He directs the administration of the CEC.

He performs other duties set by the CEC.

The Secretary is dismissed by the CEC in accordance with law no. 8549, dated 11.11.1999, "Status of the Civil Servant."

Article 31

Political Party Representatives

Each political party or coalition registered with the CEC may appoint only one non-voting representative to the CEC.

The representatives of the political parties at the CEC have the following rights:

to attend the open meetings of the CEC, make presentations at the meetings and observe the activity of the CEC for the preparation and conduct of elections;

to give written opinions on issues under consideration by the CEC and submit complaints to the CEC for violations of this Code and of the CEC regulations;

to receive copies of the decisions and other acts of the CEC and have access to the documentation of elections through the Secretary of the CEC;

ç) to have their complaints responded to in writing.

The representatives exercise their rights in accordance with the internal regulations of the CEC and, in any case, without hindering the normal functioning of the CEC.

CHAPTER II

ZONE ELECTION COMMISSIONS (ZEC)

Article 32

Composition of ZECs

A ZEC consists of a chairman, vice chairman, and up to five members appointed by the CEC upon the nomination of the seven political parties receiving the most votes in the respective zone in the last elections for the Assembly. The chairman and vice chairman are designated respectively by the first two parties that won the most votes in the last elections in the respective zone.

If less than seven parties received votes in the respective zone in the last elections for the Assembly, the ZEC is composed only of the representatives of those political parties that received votes.

The secretary of a ZEC is appointed by the CEC upon the proposal of the ZEC for a period determined by the CEC. The secretary of a ZEC shall be a jurist and has the status of a non-voting member of the ZEC.

Members of a ZEC may not be deputies or candidate for the Assembly or the representative organs of local government, or members of more than one ZEC. Members of the ZEC may not be military personnel or members of structures of the State Police or the State Information Service.

Members of the ZEC shall have a university degree and may not have been convicted of a crime by final court decision.

Members of the ZEC shall have a residence in the respective electoral zone.

The ZEC is a permanent organ, but its members are not full time. The CEC determines the working hours of the ZEC members during the election period and outside of it.

Every political party registered with the CEC as an electoral subject that does not have a member in the ZEC in accordance with point 1 of this article has the right to designate one non-voting representative to the ZEC after nomination of its candidate for the single-member zone or multi-name list candidates.

Independent candidates in the respective zone have the right to designate a non-voting representative to the ZEC.

If a political party represented on the ZEC does not nominate a candidate in that zone and has not submitted a multi-name list for the current election, that party relinquishes its seat on the ZEC.

The ZEC is re-established in accordance with the results of the last elections to the Assembly no later than one month after the declaration of the final results of the elections by the CEC.

When the seat of a member of the ZEC is vacant, it is filled in compliance with the rules provided in this article within 30 days from the date of creation of the vacancy. During the period of the elections, vacant seats are filled within three days.

Article 33

Non-Voting Representatives

The non-voting representatives to a ZEC are furnished with an authorization by the party or independent candidate.

The representatives to the ZEC have the same rights as the representatives of the parties to the CEC in accordance with point 2 of article 31 of this Code.

Article 34

Discharge of a ZEC Member

The members of a ZEC are discharged by the CEC for the same reasons that lead to the dismissal of members of the CEC.

Article 35

Duties of a ZEC

A ZEC is responsible for the conduct of the elections for the Assembly within the respective electoral zone and performs these duties:

It is responsible for the administration of the elections in the zone in accordance with the provisions of this Code and the substatutory acts issued by the CEC.

It sets polling unit boundaries, in cooperation with the local government organs and in accordance with CEC instructions.

It establishes the location of each voting center and assigns numbers to each of them.

It appoints the chairman, vice chairman and members of the VCCs in accordance with this Code.

It verifies the documentation of the candidates.

It investigates the complaints of political parties regarding the conduct of elections in the zone.

It posts in a visible place the voters’ lists, the decree setting the election date and other announcements related to the conduct of elections in the zone.

It administers the budget allocated for elections in the zone by the CEC.

It assures the timely distribution of voting materials.

It receives the polling materials, including ballot boxes, from the VCCs.

It prepares the tabulation of election results in the zone and sends it together with other necessary materials to the CEC pursuant to article 107 of this Code.

It announces the election results in the zone.

It administers partial elections in the zone.

It makes arrangements for the recount of ballots.

Article 36

Meetings and Decisions of a ZEC

Meetings of a ZEC are public, except as provided in article 107 of this Code.

Decisions in a ZEC are taken by a majority of the voting members present in the presence of at least half of all voting members of the ZEC.

Decisions are signed by all members who have voted. Decisions are accompanied by the opinion of the minority.

Article 37

Actions of a ZEC after Issuance of the Decree

Setting the Date of Assembly Elections

After the decree setting the date for elections comes out, the ZEC publishes it immediately in the local press and electronic media and posts it at the municipality or commune offices and at the civil status offices of the zone. Together with the election decree, the ZEC publishes the location of all voting centers in the zone, the hours of voting, the names of all the members of the ZEC and its secretary, including the address of the office of the commission, its telephone and fax number, and a map of the electoral zone on which every voting center is geographically indicated. The ZEC publishes all other documentation that should be made public in accordance with this Code and the instructions of the CEC.

CHAPTER III

LOCAL GOVERNMENT ELECTION COMMISSION (LGEC)

Article 38

Composition of an LGEC

Within every municipality and commune, an LGEC is created, consisting of the chairman, vice-chairman, and up to five members appointed by the CEC upon the nomination of the seven political parties receiving the most votes in the last elections of the respective council. The chairman and vice-chairman are designated respectively by the first two parties that won the most votes in the last elections for the respective council of the municipality or commune.

If less than seven parties received votes in the last elections of the respective council, the LGEC commission is composed only of the representatives of only those political parties that received votes.

The secretary of the municipality or commune serves as secretary of the LGEC for a period determined by the CEC. The secretary has the status of a non-voting member of the LGEC.

Members of an LGEC may not be deputies or candidates for the Assembly or the representative organs of local government, or members of another LGEC. Members of the LGEC may not be military personnel or members of the structures of the State Police or the State Information Service.

Members of the LGEC shall, as a rule, possess a university degree and may not have been convicted of a crime by final court decision.

Members of the LGEC shall have a residence in the respective local unit.

The LGEC is a permanent organ, but its members are not full time. The CEC determines the working hours of the members of the LGEC during the election period or outside of it.

Political parties registered with the CEC as electoral subjects that do not have a member in the LGEC in accordance with point 1 of this article have the right to designate one non-voting representative each to the LGEC after nomination of its candidate for mayor of a commune or municipality, or multi-name list candidates for the local council.

Independent candidates in the respective commune or municipality also have the right to name one non-voting representative each to the LGEC.

If a political party represented on the LGEC does not nominate a candidate for mayor of a commune or municipality and has not submitted a multi-name list for the local council, it relinquishes its seat on the LGEC.

The LGEC is re-established in accordance with the results of the last elections to the local council no later than one month after the declaration of the final results of the local elections by the CEC.

When the seat of a member of the LGEC is vacant, it is filled in compliance with the rules provided in this article within 30 days from the date of creation of the vacancy. During the period of the elections, vacant seats are filled within three days.

Article 39

Non-Voting Representatives

The non-voting representatives to the LGEC are furnished with an authorization by the party or independent candidate.

The representatives to the LGEC have the same rights as the representatives of the parties to the CEC, in accordance with point 2 of article 31 of this Code.

Article 40

Discharge of Members

The members of an LGEC are discharged by the CEC for the same reasons that lead to the discharge of a member of the CEC.

Article 41

Duties of an LGEC

An LGEC performs these duties:

It is responsible for the administration of the elections for the organs of local government; it is responsible for posting, revising, and approving the preliminary voters’ lists of the respective municipality or commune, according to the rules provided in this Code and the instructions of the CEC.

It sets the polling unit boundaries in the municipality or commune in cooperation with the organs of local government.

It performs by analogy the same duties that this Code contemplates for a ZEC.

In case of parliamentary elections, it send the revised voters’ lists to the ZEC.

Article 42

Meetings and Decisions of the LGEC

Meetings of the LGEC are public, except as provided in article 107 of this Code.

Decisions in an LGEC are taken by a majority of the votes in the presence of more than half of all voting members of the LGEC.

Decisions are signed by all members who have voted. The decisions are accompanied by the opinion of the minority.

CHAPTER IV

VOTING CENTER COMMISSION

Article 43

Composition of VCCs

Within every polling unit, a VCC is created, consisting of the chairman, vice-chairman, and up to five members proposed by the seven political parties that received the most votes in the last parliamentary elections for the respective single-member zone, or in the last local elections for the respective local council. The chairman and vice-chairman are designated respectively by the two first parties that won the most votes in the last elections in the respective electoral unit.

If less than seven parties received votes in the last elections contemplated in point 1 of this article, the VCC is composed only of the representatives of those political parties that received votes.

The secretary of the VCC is appointed by the ZEC or LGEC, as appropriate. The secretary has the status of a non-voting member of the VCC.

Members of the VCC may not be deputies or candidates for the Assembly or the representative organs of local government, or members of another VCC. The members of the VCC may not be military personnel or members of the structures of the State Police or the State Information Services.

Members of the VCC shall not have been convicted of a crime by final court decision.

Members of the VCC shall have a residence in the respective polling unit.

The members of the VCC are appointed only for the period of the elections. The appointment of the members is done in any case no later than 10 days before the date of the elections.

Political parties registered with the CEC as electoral subjects that do not have a member in the VCC in accordance with point 1 of this article have the right to designate a non-voting representative who has the rights specified in the seventh part of this Code.

Independent candidates have the right to designate one non-voting representative to the VCC.

When the seat of a member of the VCC is vacant, it is filled in compliance with the rules provided in this article within 30 days from the date of creation of the vacancy. During the period of the elections, vacant seats are filled within three days.

Article 44

Duties of a VCC

The VCCs are set up and function for all kinds of elections.

Members of the VCC are responsible for the conduct of the elections in the voting center, implementing the duties prescribed this Code.

Article 45

Decision-making in the VCC

Decisions in the VCC are taken by a majority of votes in the presence of more than half of all voting members of the VCC.

Decisions are signed by all members who have voted. Decisions are accompanied by the opinion of the minority.

Article 46

Voting Materials

The CEC provides the ZECs and the LGECs with the materials necessary for each voting center no later than 7 days before the date of the elections.

The ZEC, LGEC, and VCC secure the election materials in a safe place, in accordance with CEC instructions.

No earlier than 48 hours and no later than 24 hours before the opening of the voting center, the ZEC or LGEC, as appropriate, distributes the materials to the chairmen and secretaries of the VCCs.

One copy of the document showing receipt of the materials is kept with the official records of the voting center.

CHAPTER V

SPECIAL VCCs

Article 47

Composition and Responsibilities of Special VCCs

In accordance with this Code and the instructions of the CEC, a ZEC or LGEC, as appropriate, creates special voting center commissions in hospitals, prisons or places of pre-detention and dormitories. These commissions have the same composition and the same responsibilities as a VCC.

FOURTH PART

NATIONAL REGISTRY OF VOTERS

CHAPTER I

THE COMPETENT AUTHORITIES

Article 48

The Competent Organ

The National Registry of Voters is prepared under the supervision of the CEC. It contains data and is prepared in accordance with the provisions of this Code and the substatutory acts issued by the CEC for its implementation.

The National Registry of Voters is prepared on the basis of official data drawn from the civil status registries.

Article 49

Directorate of Registration of Voters

For the administration of the National Registry of Voters, the CEC creates the Directorate of Registration of Voters.

The Directorate of Registration of Voters is responsible for implementing the decisions of the CEC connected with the registration of voters. It performs these duties:

It administers the National Registry of Voters.

It prepares for the CEC the instructions to the offices of civil status on the method of compilation of the voter lists.

It organizes and directs the registration of voters door to door whenever it is considered necessary.

ç) It performs other duties in connection with the registration of voters set by the CEC.

Article 50

Voter Card

Every voter registered on the National Registry of Voters is furnished with a voter card in accordance with the instructions of the CEC.

The voter card is collected only by the voter in person.

The voter card contains a photograph of the voter and a unique voter identification number.

When the voter card is lost or becomes unusable, the voter is furnished with a new card, in accordance with the rules specified by the CEC.

CHAPTER II

PREPARATION OF THE VOTERS’ LISTS

Article 51

National Registry of Voters

The National Registry of Voters is composed of the voters’ lists of all municipalities and communes.

Article 52

Registration According to Domicile and Residence

Voters are registered on the voters’ list of the polling unit for their domicile, with the exception of the cases contemplated in point 2 of this article.

Voters who are residing away from their domicile, but within the territory of the Republic of Albania, are registered on the list of the polling unit of their place of residence, and are de-registered from the list of the polling unit of their domicile.

The LGEC of the residence of the voter registers him in the preliminary lists of voters of the respective polling unit and notifies the CEC, which orders the de-registration of the voter from the list of voters of his domicile.

Article 53

Preliminary Voters’ Lists

Preliminary voters’ lists are drawn from the registries of civil status.

The voters’ lists contain:

The name, surname, father’s name, date of birth, address and voter card number.

The name of the commune or municipality or the number of the electoral zone, as well as the number of the voting center.

Article 54

Updating the Preliminary Voters’ Lists

Four months before the end of the mandate of the Assembly or local government organs, the CEC requests the National Office of Civil Status to prepare, within two weeks, the preliminary voters’ lists according to the particular election to be held. The CEC sends immediately to each LGEC four copies of the preliminary voters’ lists.

The LGEC immediately posts the preliminary lists in a public place, making the respective announcement of the dates and time schedule for receiving voters’ complaints. Every voter or political party has the right to request from the LGEC the correction of inaccuracies in the preliminary voters’ lists, according to the requirements set forth in article 12 of the Civil Code and articles 55 through 58 of this Code.

When an LGEC considers it necessary, and with the approval of the CEC, it establishes door-to-door verification groups, which have the duty of confirming the accuracy of the data in the lists. When they notice inaccuracies, the verification groups fill out the respective forms and deliver them to the LGEC.

The CEC specifies the rules for the composition of the verification groups and the rules for the performance of the verification.

In case of early elections to the Assembly, partial elections and referenda, the procedures provided in points 1 to 4 of this article are followed, to the extent possible and adjusted to meet the circumstances.

Article 55

Grounds for Revision of the Preliminary Voters’ Lists

Voters’ lists are revised when a voter:

dies;

has lost the right to vote;

was registered in more than one list;

ç) has moved his domicile or residence; or

shows that his personal data are incorrect.

In the case of letter ç of point 1, the voter is registered in the appropriate voters’ list according to CEC instructions.

Article 56

Prohibition of Changing the Lists

The LGEC may not make changes to the preliminary voters’ lists during the last 23 days before the date of the elections.

Article 57

Promulgation of Final Lists

After the termination of the period for revising the preliminary lists, each LGEC sends the revised list for its electoral unit to the CEC within 24 hours.

The CEC enters the revised lists into the National Registry of Voters. The Directorate of Registration of Voters sends the final lists to the ZECs or LGECs, as appropriate, or to other commissions contemplated by this Code no later than two weeks before the date of the elections.

The respective commissions post the final lists within 48 hours from the date of their receipt from the CEC.

The ZEC or LGEC sends the final lists to the VCCs no later than three days before the date of the elections. The ZECs and LGECs keep a copy of the final voters’ lists.

Article 58

Access to the Voters’ Lists by Electoral Subjects

The CEC makes the preliminary lists prepared in accordance with article 54 of this Code available to all registered political parties, at their request and upon payment.

After the expiration of the registration period for the candidates, the ZEC or LGEC, as appropriate, makes available to the electoral subjects a copy of the revised list sent to the CEC as provided in article 57.1 of this Code, at their request and against payment.

After approval of the final voters’ lists, the CEC makes available to the central offices of each registered political party, at their request and against payment, a copy of the lists.

The candidates and parties use the voters’ lists only to verify their accuracy and in compliance with the law.

The CEC sets the manner of delivery of, and fees to be charged for, the voters’ lists provided to electoral subjects.

Article 59

Special Institutions

For general referenda and elections, two days prior to the date of voting, the director of the special institution prepares a list of voters and delivers it to the ZEC.

For local referenda and elections, two days prior to the day of voting, the director of the special institution prepares a list of those residents who are domiciled in the electoral unit where the institution is located and delivers it to the LGEC.

Article 60

Voters in Military Forces and Police Forces

Immediately after the date of the elections for the Assembly is set, the Ministry of Defense and other competent central institutions, at the request of the CEC, instruct the commanding officers of the respective bases to prepare a list of voters who will be residing on that base on the date of the elections.

The list of voters who will be residing on the base on the date of the elections is delivered to the ZEC no later than fifteen days after the date of the elections is set.

The ZEC adds the list of voters residing on the base to the list of voters for the respective electoral unit. They are struck off the list of voters for their place of domicile in compliance with the procedures designated by the CEC.

Article 61

Students

Students may vote in their place of residence in accordance with substatutory acts of the CEC. The CEC takes measures so that students are not registered on more than one voters’ list.

FIFTH PART

SYSTEM OF ELECTIONS

CHAPTER I

SYSTEM OF ELECTIONS FOR THE ASSEMBLY

Article 62

Composition of the Assembly

The Assembly of the Republic of Albania is composed of 140 deputies, of whom 100 are elected directly by the voters in single-member electoral zones and 40 are elected according to the proportional percentage of the votes won in the first round of elections from the multi-name lists of electoral subjects deposited at the CEC.

Article 63

Election of Deputies in Single-Member Zones

A candidate who wins an absolute majority of the valid votes of the voters who have taken part in the voting in a single-member zone is considered elected the deputy of the zone to the Assembly.

If, in the first round of elections, none of the candidates wins an absolute majority, then after two weeks, a second round of elections is held. In the second round of elections, the two candidates who have received the greatest number of votes in the first round compete.

If a candidate withdraws from the second round, the candidate who has won the most votes compared to the other remaining candidates competes in his place in the second round.

When three or more candidates win an equal number of votes in the first round, then the two candidates who will compete in the second round are decided by lot. The same procedure is followed to choose the second candidate when one has been determined and the others have an equal number of votes.

After determining the need for a second round of elections, the ZEC announces the candidates to be voted on in this round. The announcement is made at the same time as the issuance of the results of the voting in the zone.

Article 64

Voting in the Second Round

In the second round of elections, the candidate who has won a majority of the valid votes is considered elected the deputy to the Assembly.

If, even after the second round of elections, the candidates have won an equal number of votes, then one of the candidates is elected the deputy of the zone by lot.

The CEC organizes the lot procedure whenever it is necessary. The lots are organized in the presence of the candidates.

Article 65

Joint Candidates

Political parties registered in the CEC have the right to nominate joint candidates for deputy.

Coalitions of political parties registered in the CEC may submit joint multi-name lists of candidates.

The submission of joint candidates and joint multi-name lists is made according to the time periods provided in article 76 of this Code.

Article 66
Allocation of compensatory mandates

Forty compensatory seats are allocated according to the following rules to political parties and coalitions of political parties.

Parties that win less than 2.5% and coalitions that win less than 4% of the valid votes in the whole country in the first round do not benefit from compensatory seats.

The number of valid votes won by each of the parties and coalitions meeting the respective threshold is divided by the sum of valid votes they have obtained on the national level, and the result is multiplied by 140. Each of these parties and coalitions are allocated initially as many seats in total as the full number obtained by the above-mentioned calculation. The remaining seats are allocated to the subjects with the larger remainders. In case the remainders for the last seat are equal, lots are drawn.

In order to determine the number of compensatory seats to be allocated to each party or coalition, the number of seats won in single-member zones is deducted from the number of seats allocated to each party or coalition according to letter "b" of this article. If the difference is negative or zero, the party or coalition keeps only the mandates won in single-member zones.

ç) Notwithstanding letter "b," if:

independent candidates are elected in one or more single-member zones;

parties or coalitions that do not meet the respective threshold win seats in one or more single-member zones; or

parties or coalitions that meet the respective threshold win more seats in single-member zones than they are entitled to on the basis of letter "b,"

then the following formula applies to the allocation of compensatory seats to parties or coalitions for which the difference according to letter "c" is positive:

N = (A – B) [40/(40 + C)]. N is the number of compensatory seats of each party or coalition, A is the number of seats allocated to each party or coalition according to letter "b," B is the number of seats it won in single-member zones, and C is the total number of seats won according to points "i," "ii," and "iii" of this letter (in the cast of point "iii," only to the extent of the excess). Each of these parties and coalitions are allocated initially as many seats as the full number obtained by this calculation. The seats that remain are allocated to the subjects with the larger remainders, in descending order. In case the remainders for the last seat are equal, lots are drawn.

If a single-member zone deputy was elected as a joint candidate of two or more parties not in a coalition, for purposes of the calculation of letter "c," his seat is considered to have been won by the party among those nominating him that gained the greatest number of votes in the whole country in the first round, unless the parties have agreed otherwise.

dh) Deputies are elected from the multi-name lists of parties or party coalitions according to their respective order.

If the number of candidates on a multi-name list of a political party or coalition is smaller than the number of seats to which that party or coalition is entitled, according to this article, the unfilled seats are divided among the other parties and coalitions of parties that exceed the respective threshold in accordance with the following formula:

The number of valid votes won by each of the above parties or coalitions is divided by the total of the valid votes won by them, and the result is multiplied by the number of unfilled seats. A number of compensatory seats is initially allocated to each of these parties or coalitions equal to the full number that results from the above calculation. The seats that remain are allocated to the parties or coalitions with the largest decimal remainders. If the decimal remainders for the last seat are equal, lots are drawn.

CHAPTER II

ELECTORAL ZONES

Article 67

Single-Member Electoral Zones

For purposes of elections to the Assembly, the territory of the Republic is divided into 100 single-member electoral zones.

The boundaries of the electoral zones may not be changed during the last six months of the mandate of the Assembly.

Article 68

Electoral Zone Boundary Commission

Electoral zone boundaries are established by a law of the Assembly in accordance with the recommendations of the Electoral Zone Boundary Commission.

An Electoral Zone Boundary Commission (the Commission) meets every five years, beginning on August 1, 2000, for the purpose of reviewing the electoral zone boundaries in accordance with the criteria set forth in this Code.

The Commission consists of the following members:

the Secretary of the CEC;

the Director of the Institute of Statistics;

the Head Registrar of Immovable Property;

the Director of the Center of Geographic Studies of the Academy of Sciences.

The chairman of the CEC calls the first meeting of the Commission, after which the Secretary of the CEC serves as Chairman of this Commission.

The CEC provides for the budget and administrative support services for the Commission.

Article 69

Procedures for Setting Electoral Zones

Within three months of its establishment, the Commission issues an interim report with initial recommendations regarding electoral zone boundaries. The interim report is made available to each registered political party, the media and any other interested party who requests a copy.

Beginning two weeks after the issuance of the interim report, the Commission holds a series of public meetings at which registered political parties and other interested parties have the right to make a presentation to the Commission regarding the contents of the interim report.

The Commission considers its interim recommendations taking into account the presentations made in the public meetings and submits a final report on setting the electoral zones to the Assembly no later than the first Monday of December of the respective year.

Article 70

Commission Reports

The interim and final report of the Commission indicates the average number of voters for an electoral zone, the number of voters in each electoral zone along with the difference between the average and the estimated number of voters for each zone; a map of each electoral zone; a list of municipalities and communes within each zone; and a written description of the boundaries of each electoral zone.

The final report also contains a summary of the presentations made at the public hearings and the decisions of the Commission in connection with them.

Article 71

Criteria for Establishing Electoral Zone Boundaries

For the purpose of establishing electoral zone boundaries, the Commission follows the procedures set out in this article:

It obtains from the CEC the total number of voters and the number of voters in each existing electoral unit and polling unit. These data are taken from the National Registry of Voters as it exists on August 1 of the respective year.

It obtains from the CEC and other competent sources maps for the existing electoral zones, municipalities and communes, and polling units and any other map its deems necessary.

It establishes the average number of voters for the zone by dividing the total number of voters contained in the National Registry of Voters by the number of single member electoral zones.

It determine the percentage deviation from the average number of voters for each zone.

It reviews all electoral zone boundaries in an effort to ensure that, as much as possible, the number of voters in each zone is no less or no greater than 5 per cent of the average number.

When the number of voters in a municipality is within plus or minus 5% of the average number of voters, that municipality or commune shall constitute an electoral zone.

As much as possible, a commune shall be wholly included within one electoral zone, and a municipality with a total number of voters smaller than the number contemplated in point 6 shall not be divided into more than two electoral zones.

In addition to the rule provided in point 5 of this article, the Commission also takes the following issues into account when establishing zone boundaries:

traditional ties and common interests of local communities;

natural barriers and boundaries;

communication and transportation linkages;

ç) boundaries of regions.

The electoral zones shall be compact and may not be divided into parts that are separate from one another.

Article 72

Review of the Final Report

The Assembly examines the final report of the Commission within two weeks from receiving it. The Assembly accepts the report and approves the law on electoral zones, embodying the recommendations of the final report, or refers it back to the Commission for further consideration. The Assembly may not change the boundaries recommended by the Commission.

If the Assembly sends the report back for further consideration, the Commission undertakes a review of its recommendations and submits a second report within 30 days. The Assembly examines the new report within 15 days.

Article 73

Effective Date of New Zone Boundaries

The law on the electoral zones comes into effect on the effective date of the decree of the President of the Republic setting the date of the nearest elections, except if point 3 of this article applies.

Notwithstanding point 1 of this article, the CEC may exercise its functions according to the new boundaries contemplated in the law on electoral zones after the law becomes effective.

If the Assembly does not approve the law on electoral zones before the last six months of its mandate, the existing boundaries apply to the next parliamentary elections.

If the date of elections for the Assembly or the date of local government elections is announced after the boundary review has begun, the Commission continues its work but may not hold a public meeting or issue a public interim report until after the official declaration of election results is made by the CEC.

In the period between the approval of the new law on electoral zones and new elections for the Assembly, partial elections are held according to the zones existing at the time of the last elections for the Assembly.

CHAPTER III

SYSTEM OF LOCAL ELECTIONS

Article 74

System of Local Elections

The mayors of the municipalities or communes, as well as members of the councils of municipalities or communes, are elected by direct voting by the voters with a domicile in the territory of the municipality or commune.

The members of the councils of the municipalities and communes are elected on the basis of the multi-name lists submitted by political parties and coalitions, as well as on the basis of individual independent candidacies.

Political parties registered in the CEC have the right to submit joint candidates for mayor of a municipality or commune, as well as joint multi-name lists for local councils.

Article 75

Election of the Organs of Local Government

The candidate who wins more than half of all valid votes is elected mayor of a municipality or commune. If no candidate wins the required majority, a second round of voting is organized, implementing by analogy article 63 and 64 of this Code.

The mandates of the local councils are allocated by the LGEC on the basis of the following proportional system:

The number of valid votes won by each independent candidate is divided by the total number of valid votes and multiplied by the number of seats of the council. If the result is equal to or higher than 1, the independent candidate wins a seat in the council.

The number of valid votes won by each party or coalition and each independent candidate who failed to obtain a seat according to letter "a" of point 2 of this article is divided by the sum of valid votes they have obtained, and the result is multiplied by the number of seats that remain after letter "a" of point 2 of this article is applied. Each of these electoral subjects wins as many seats as the full number obtained from the above-mentioned calculation. If for an independent candidate the result is one or greater than one, the independent candidate wins only one seat. The remaining seats are allocated to the electoral subjects with the larger remainders. In case the remainders for the last seat are equal, lots are drawn.

The candidates of parties or coalitions are elected to the local councils according to the order of the respective multi-name list.

If the number of candidates on a multi-name list of a party or coalition is smaller than the number of seats to which that party or coalition is entitled according to this article, the unfilled seats are divided among the other parties and coalitions of parties that have submitted multi-name lists in accordance with the following formula:

The number of valid votes won by each of the above parties or coalitions is divided by the total of the valid votes won by them, and the result is multiplied by the number of unfilled seats. A number of seats is initially allocated to each of these parties or coalitions equal to the full number that results from the above calculation. The seats that remain are allocated to the parties or coalitions with the largest decimal remainders. If the decimal remainders for the last seat are equal, lots are drawn.

SIXTH PART

NOMINATION OF CANDIDATES

CHAPTER I

CANDIDATES VOTED ON DIRECTLY

Article 76

Submission of the Documents of the Candidate

Documents for the nomination of candidates for deputy, for mayor of a municipality or commune or for the council of a municipality or commune are submitted respectively to the ZEC or the LGEC, as appropriate, no later than 22 days before the date of the elections. The respective commissions take a decision on accepting or not accepting the documentation submitted no later than 19 days before the date of the elections.

If the commissions notice a discrepancy or irregularity in the documentation of candidacy before the end of the term for certifying them, according to point 1 of this article, the commission gives the candidate the opportunity to correct the discrepancies, setting a time limit for the resubmission of the documentation, but no later than 19 days before the date of the elections.

No later than three days after the decree of the President of the Republic setting the date of the elections comes out, the CEC provides the nomination documents to be completed by the candidate along with the form for collecting signatures according to article 78 of this Code.

Article 77

Requirements for the Validity of the Candidacy Documents

The candidacy documents shall be in compliance with the requirements of this Code and in the form specified in the instructions of the CEC.

The candidacy documents contain the following data:

The name, father’s name, surname, date of birth and address of the candidate;

The declaration of the candidate that he is a qualified voter and an eligible candidate for the position for which he is running;

the name and address of a person named as his official agent, who shall be an eligible voter;

ç) a list signed by voters of the respective zone who support his candidacy as provided in article 78 of this Code;

d) except in the case of independent candidates, a declaration from the party endorsing the candidate, signed by the chairman of the party as identified in article 12 of this Code.

Article 78

List of Voters who Support the Candidate

For candidates for deputy, the candidacy documents are accompanied by a list with the signatures and voter identification numbers of 300 voters who reside in the zone, the names of whom are on the preliminary voters’ lists of that electoral zone.

Candidates for the post of mayor of a municipality or commune submit the following documentation:

for electoral units with up to 5,000 voters on the voters’ lists, a list with the signatures and identification numbers of 50 voters, registered in the preliminary voters’ lists;

for electoral units with 5,000 voters up to 30,000 voters, a list with the signatures and identification numbers of 100 voters, registered in the preliminary voters’ lists;

for electoral units with more than 30,000 voters, a list with the signatures and identification numbers of 300 voters, registered in the preliminary voters’ lists.

Article 79

Substitution of a Candidate

A candidate may withdraw his candidacy within 24 hours of certification by the commission. A candidate who withdraws after the certification made by the commission may not be replaced by the political party he represents.

If a registered candidate dies before the date of the elections, then the elections in that zone are postponed for four weeks. In this case the CEC sets another date for nomination of a replacement candidacy.

Immediately after the deadline for the withdrawal of a candidacy, the respective election commission carries out these duties:

it forwards a final list of certified candidates to the CEC; and

it publishes in newspapers, posters and electronic media within the jurisdiction of the electoral unit the names and political affiliation of all candidates in the order they appear on the ballot, in the manner and at the time required by the CEC.

In the case of elections for the Assembly or for mayor of a municipality or commune, the ZEC or LGEC, as appropriate, publishes the name and address of the official representative of the candidate.

Article 80

Representative of the Candidate

Within 48 hours from the certification of their candidacy documentation, each candidate shall give the name of his representative to the CEC. The representatives of the candidates at the VCCs are accredited by the ZEC or LGEC, as appropriate. The designation of representatives is not obligatory.

During the conduct of the voting, the representatives of the candidates keep their identification document in a visible place. They may not wear clothes or symbols or perform actions that have the purpose of influencing or that might influence the will of the voters.

The representative of a candidate may be substituted by the candidate or his official agent but not during the last 24 hours before the close of the voting and during the counting of votes in the voting center.

CHAPTER II

LIST CANDIDATES FOR ELECTIONS TO THE ASSEMBLY

Article 81

Submission of the Lists

Political parties registered as electoral subjects submit to the CEC a list of candidates for the 40 seats in the Assembly within the time period provided for in article 76 of this Code.

The ordering of the candidates in the list is set by the electoral subject that submits it. In the case of the death, resignation or loss of the right to be a list candidate according to this Code, the candidates listed below move up one place.

The lists of the parties are signed by the chairman of the party, or, as the case may be, by the chairmen of the parties of the coalition. The list is accompanied by a declaration signed by each candidate that he is eligible to vote and desires to run.

Article 82

Acceptance of the Lists

When political parties submit a list of fewer than 20 candidates, the list is not accepted by the CEC.

Article 83

Verification of the Lists by the CEC

The CEC certifies the regularity of the multi-name lists according to the time periods and procedures contemplated in article 76 of this Code for the certification of direct candidates.

After certification of the multi-name lists, the CEC publishes them in the three newspapers with the largest national circulation and in the electronic media and sends a copy of the list to the ZECs, which publish them in the local media and announce them in public places in their zone according to the instructions received from the CEC.

The names on the certified multi-name lists may not be changed.

CHAPTER III

LISTS CANDIDATES FOR THE ORGANS OF LOCAL GOVERNMENT

Article 84

Conditions for Validity of the Lists

For the nomination of candidates for the members of the councils of municipalities and communes, registered political parties submit a list of candidates to the LGEC according to these conditions:

Within the same time period for submissions of candidacies for mayor of the municipality and commune, they forward to the LGEC a list of candidates according to the form prepared by the CEC.

Every candidate on the list declares that he accepts his nomination by the respective electoral subject.

The list is signed by the chairman of the party or a person authorized by him to endorse candidates.

ç) If a list candidates dies, the candidate listed below moves up.

Article 85

Non-acceptance of the Lists

An LGEC does not accept a list of candidates when the number of candidates on the list is less than half of the number of council members.

The ordering of the candidates on the list is set by the electoral subject that submits it.

Article 86

Certification and Publication of the Lists

The LGEC certifies the lists submitted by the parties. After the certification, the LGEC publishes the lists in the local press and media and announces them in the territory of the municipality or commune and immediately forwards a copy to the CEC.

SEVENTH PART

VOTING PROCEDURES

CHAPTER I

BALLOTS

Article 87

Preparation and Content of the Ballots

The ballots for elections are prepared by the CEC. The ballot shall not be not transparent and shall contain security elements specified by the CEC.

The ballots are produced in blocks with stubs. The serial number is noted only on the stub.

For elections to the Assembly, the voter votes with two separate ballots of different colors, one ballot for the candidates who are competing directly in the zone and the other for the political parties that are competing in the elections. The ballot for electoral subjects is the same for all electoral zones.

For elections for the local government organs, the ballot for the candidates for the municipal or communal council is of a different color from the ballot for the candidates for mayor of the municipality or commune.

Article 88

The Form of the Ballot

The ballot is printed according to the model prepared by the CEC. The back of the ballot has a place for putting the signature of the chairman and the vice chairman and the seal of the VCC.

Failure to sign the ballot by one of the subjects indicated in point 1 of this article does not constitute a reason not to begin the voting procedures.

Article 89

Sending Ballots and Other Materials

The CEC forwards the necessary number of ballots, seals, poll records and other voting materials to the ZECs or LGECs, as appropriate, no later than three days before the date of the elections.

The ZEC or LGEC, as appropriate, sends the necessary number of ballots and other voting materials to the VCCs no later than 12 hours before the opening of voting.

Ballots are printed on the basis of the total number of voters, plus two per cent.

The CEC specifies the additional number of ballots that are sent to the voting centers.

Article 90

Names of the Candidates and Subjects on the Ballot

The names of candidates for deputy, or mayor of a municipality or commune, are placed on the ballot according to the alphabetical order of their name.

Written on the ballot are:

the first name, father’s first name, and surname of the candidate as it appears on the documents of candidacy;

the name and initials of the party or coalition the candidate represents, or the word "independent," is written to the right of the candidate’s name;

no other data about the candidate is written.

On the ballot of electoral subjects, the names of the registered political parties are placed in alphabetical order, together with the initials of the party.

The voter marks in a separate place at the side of the name of the candidate or party one of the signs ‘x’ or ‘+’ or a mark that clearly indicates the choice of the voter.

CHAPTER II

POLLING UNITS AND VOTING CENTERS

Article 91

Establishing a Polling Unit

A polling unit may not be divided into parts that are separate from one another.

As much as possible, a polling unit shall have no more than 1,000 voters. If it is found that a polling unit has more than 1,000 voters, the LGEC or ZEC, as appropriate, may establish more than one voting center for that polling unit.

When a residential center with at least 50 voters is more than three kilometers away from the closest voting center, a separate voting center is set up in that residential center, if it has at least 50 voters.

A polling unit is established by the ZEC or the LGEC but, as much as possible, the ZEC shall keep the polling unit boundaries established by the LGECs in its zone.

Article 92

Location of the Voting Center

One or more voting centers are established in each polling unit.

As much as possible, a voting center is located in a public building accessible to voters. A voting center may not be set up in:

a private residence without the authorization of the CEC;

a building used by the public administration, except for educational and health institutions;

buildings owned or occupied fully or partially by a political party or candidate or their close relatives.

Article 93

Voting Centers in Special Locations

When in a special institution there are 15 or more voters eligible to vote for the electoral unit where the institution is located, the ZEC or LGEC, as appropriate, creates a voting center inside the institution for those persons.

In health institutions that have many wards, a separate voting center may be set up for each ward, if each of them has more than 15 voters.

Voters in military and police bases vote in the nearest ordinary voting center outside the base, as designated by the ZEC.

Students registered in the voters’ lists according to article 61 of this Code vote only in the polling unit where they have been added to the list.

CHAPTER III

PROCEDURES FOR OPENING THE VOTING

Article 94

Preliminary Actions

One hour prior to the opening of the voting, the VCC, under the direction of its chairman and vice chairman and in the presence of the representatives of the electoral subjects and observers, performs these duties:

It arranges the tables, chairs and voting booths in such a manner as to assure the secrecy of the voting and the free and rapid movement of voters.

It removes any election propaganda that may be found within the voting center and within a range of 150 meters around it.

It posts instructions for voting at a suitable place within the voting center.