1. Municipalities have an important role in the electoral process according to the provisions of the Electoral Code and the by-laws of the Central Election Commission.
In this framework, KRIIK finds it very appropriate and commends the CEC for standardizing the information sharing mechanism between the CEC and the Local Government Units, by defining the person or structure responsible for communicating with the CEC.
This applies in particular to the construction of a direct, more dynamic and interactive communication with local government units regarding the obligations provided by the legal framework, as well as the exchange of information necessary for the best administration of all stages of the process. election.
On the other hand, in the judgment of KRIIK, this communication and this mechanism should also be considered in order to identify the extent and manner of law enforcement by third parties in relation to their legal obligations to inform the Municipalities, especially in relation to electoral offices or other elements related to the campaign, financing or use of state resources.
Also, this mechanism can provide a significant facilitating role for the exchange of information in cases of administrative investigation undertaken by the CEC on the basis of indications received, denunciations or complaints made, especially during the pre-electoral period.
Therefore KRIIK suggests to reorganize point 3 of the instruction to reflect the approach suggested above. Specifically to add in point 3, following the last sentence, after “and any other information”, “necessary for the good administration of the whole phases of the election process by the CEC”.
2. In addition to point 1 of the draft instruction, KRIIK suggests to provide in the same act, but with specific obligations, also the liaison with the institution of the Prefect, referring to the specific role given to him by the law, but also for any eventuality that may bring the progress of the process to continuity.
3. The instruction should also foresee the case of non-response or non-appointment by any Municipality of the responsible person or structure, as required.
In such a case, it can also be taken into consideration that the responsible person or structure can be appointed a priori by the CEC referring to the position and functional duties foreseen of the person/group of persons, according to the organizational chart of the respective Municipality.
If this case is taken into consideration, the instruction should provide for the authorization of the State Commissioner of Elections to, in case of non-action by the Municipalities, appoint this responsible person/structure by his decision, while he should also administratively sanction the responsible persons of the respective municipality.
4. Regarding the concrete issues, for which the Municipality needs and must send information to the CEC, as provided for in point 3 of the instruction, KRIIK suggests that the instruction reflect a more complete and detailed list of the foreseen legal obligations, either as a complement to point 3, or as an additional point.
In this perspective, KRIIK, based on its experience to minimize the consequences and increase law enforcement, suggests that some of the most important points can be included in the instruction, which carry sub-processes that must be carried out by municipalities and for which transparency is made and the CEC is informed, such as:
- The process of publishing the voter list and allocating polling stations;
- The progress of the process of assigning venues for polling stations;
- Placement of polling stations in private facilities;
- Establishment of special polling stations;
- Progress of the process of written notification of voters using the cascade structure set up according to the local self-government law (municipality/administrative unit/neighborhood,/village), as well as periodic reporting according to the deadlines and within the period provided by the Electoral Code;
- Updated information regarding the number of persons with disabilities and blind persons, as well as their voting centers, in order to adapt and equip the latter with ramps or Braille masks;
- Updated information regarding the number of people from ethnic and ethno-cultural communities, as well as their polling stations, in function of the information and awareness campaign undertaken by the CEC;
- Adoption and implementation of the decision regarding the places of posting of propaganda materials of electoral subjects registered in the elections;
- Forwarding of the information deposited by the electoral subjects to the municipality, related to the opening of the electoral offices;
- Any other information related to the good administration of all phases of the electoral process.