KRIIK evaluates the activity so far as very positive and commends the Central Election Commission for its commitment and the steps taken in the process of preparing the regulatory plan to enable voting for Albanians living outside the borders of the country, as far as the law provides and the legislator has provided.
As it has been announced in public activities as well as in published documents, KRIIK reiterates its position that with the June 2020 amendments to the Electoral Code, the Albanian legislators failed to fully and properly regulate this constitutional obligation for the right to vote of all Albanian citizens, assigning this regulation to the CEC in a truncated manner.
The Political Forces and the Parliament of Albania have the obligation to frame this constitutional right in the legal framework by regulating and giving the right to vote to every citizen of the Republic to express his will for any electoral process organized in Albania, including referendum processes.
KRIIK has criticized the CEC for not implementing this process for the 2021 elections, as provided by the law, although it was evident that this inaction was a consequence of the lack of political will of the main political forces. This will clearly seems to be lacking despite the demagogic approach and statements, that this process was carried out by them and it is now the turn of the Central Election Commission to act.
In these circumstances and the current political and institutional context, despite the fact that in a healthy political-institutional approach it would be advisable for all by-laws that regulate the voting of Albanians abroad to be drafted, consulted and approved as a single package, KRIIK strongly supports and encourages the CEC in the implementation of the Work Calendar for Drafting Decisions on voting from abroad, starting with the approval of the first act related to the registration of voters from abroad.
The question points of how the other debatable elements of the process will work, such as vote counting (in which electoral district), voting methods, voting procedures, etc., are moments that can produce discussion deadlocks in finding a political compromise, but which they will no longer hold the entire process hostage as before as something objectively impossible to accomplish, but will directly delegate the responsibility, of success or failure, to the political parties for the realization or not of this constitutional obligation by them.
KRIIK urges the Central Election Commission, all its bodies and their members individually, to cooperate with each other in this important process and give their contribution to the visionary design and realization of an efficient, reliable mechanism and regulatory framework and objective. It is vital for the future of our democracy that in this process, but also in other similar ones, each of the members mandated by the representatives of the sovereign, exercise their responsibilities and duties independently and impartially, in accordance with the constitution and the law and in the best interest of the citizens of the country.
In this perspective, KRIIK suggests that after the end of the consultation process and the drafting of the final draft of the draft decision, a public round table be organized with the participation of all involved actors, political and institutional, as well as international partners, where possible the last considerations are given and the political will is encouraged for the approval of the act as soon as possible, as well as for starting the work of the consultation process for the second necessary act, to fulfill this obligation.
Specifically, regarding the drafted decision “On the rules for the registration of voters from abroad for the elections to the Assembly” we suggest:
1. Point (6) of the draft decision states that “The Commissioner, through the administration of the CEC, verifies the identity of the voter from abroad to be registered, through his biometric identification, or through another way with electronic means…”.
In the opinion of KRIIK, since the verification of the voter’s identity is one of the most important elements of this process, in order to avoid voting for another person (especially in the current situation, when the personal data of Albanian citizens is already public as a result of several episodes of their issuance), it is essential that this point of the draft decision is fully defined and not evasive.
In other words, the draft decision will have to include in detail and step by step the methodology and methods that the CEC will use to guarantee the voter’s identity, as well as the technology that will be used, including any possible safety feature.
Given that this is objectively not possible at this specific moment, and on the other hand it would be necessary for the methodology to reflect the highest contemporary level of technology and safety elements, KRIIK recommends that this point of the draft decision to authorize the State Election Commissioner to issue a supplementary act (instruction) specifying the methodology, as well as the detailed methods of the latest technological development, including the careful provision of security and control elements, as well as the use of a staff special and prepared administration, determined by the Commissioner.
Part of this Instruction can also be the prediction of operation in case of malfunction for technical reasons of information technology systems and equipment, according to the prediction made in the second sentence of point 6.
2. Point (7) of the draft decision states that “CEC verifies the compatibility of the data of the relevant electronic form filled in by the voter from abroad with his data in the National Register of Civil Status…”.
The wording of this point of the draft decision should imply that the CEC will have direct access to the RKGJC.
If the CEC will ask the RKGJC to verify these data, then this will have to be specified in the wording.
In the second case, KRIIK suggests that steps should be coordinated with the Ministry of the Interior (RKGJC) to carry out a quick, accurate and timely verification process.
The not very positive experience of inter-institutional communication in relation to the verifications of the electoral components of the candidates for the effect of the so-called decriminalization law should be taken into consideration in this case.
The verification process should not in any case give way due to the dysfunction of the inter-institutional relationship. The Albanian state must bear the burden of facilitating this process for the citizens.
KRIIK suggests that it would be appropriate if this communication or procedure could be regulated through a joint order between the Commissioner and the Home Secretary, which could be determined by the Regulator at this point in the decision.
3. Regarding points 17 and 18 of the draft decision.
KRIIK suggests, in continuation of recommendation 1 above, that the totality of information technology systems and/or devices that ensure the process of registering voters from abroad (item 17) or that are used for the purposes of implementing this decision (item 18) be approved through an act of the State Commissioner, which describes in detail the machines, programs, access modules, security protocols, their control at any time, as well as the provision of their audit process after the elections.
In terms of transparency and information on all elements of information technology systems and/or equipment, the right to know and participate in testing should be recognized to all representatives of interested political parties, organizations that observe all elements of the process election, or/and those who follow this component of the process, as well as representative organizations of Albanian citizens living abroad or those dealing with the protection of their rights.
In this context, in the above act, the moments when the presence of the above actors must be allowed or required, especially during the systems control or audit processes, must be defined and foreseen by the Commissioner.
4. Article 24 of the Electoral Code provides for the granting of the right to vote only to citizens who request from the CEC to be provided with voting documentation from abroad.
Regardless of the objective circumstances, in principle it can be said that two different voter registration regimes are applied for those who live outside and those who live within the territory of the Republic.
In this perspective, starting from the not very positive experience so far of the legal and institutional attempts regarding the registration of the permanent address of residence for Albanian citizens living abroad, KRIIK suggests that the CEC should consider it as its obligation and burden taking steps and every possible measure to inform all Albanian citizens living abroad about the granting of the right to vote and the possibility of voting by them in the countries where they are.
For this, it is necessary to provide a series of interactive mechanisms for their notification, such as through e-Albania, the addresses declared in the RKGJC, the use of local administrators of the Municipalities to send notifications, advertisements and informative spots on the websites of the CEC and institutions, traditional and online media, social networks, etc.
This process should anticipate the necessary financial costs and should start well in advance.
Also, based on the fact of the low number of declarations of addresses of permanent residence abroad, it is necessary that this information process be coordinated with the information on how to register addresses of permanent residences abroad.
Having said the above, KRIIK suggests that this process of information and awareness becomes part of the draft decision authorizing the Commissioner to issue an act (alone or in interaction with other institutions) in fulfillment of the need to fulfill all of the above.