Electoral Reform/ DP's demands are clarified

2024-04-17 19:53:00, Politikë CNA

The position of the Democratic Party regarding the Electoral Reform and the need to improve the legal framework for elections is clarified.

DP will commit to never address the serious problems that the election process has in Albania.

It has requested the return of the agreement of June 5, 2020 and the undoing of the consequences and unilateral constitutional and Electoral Code changes for the return of coalitions with a composite list where each member party of a coalition has the right to compete with its name on the ballot of voting giving the voter the right to vote for the party he prefers, within the coalition.

The Democratic Party fully stands for open lists in accordance with the standard applied by the vast majority of over 90% of countries that use open lists.

DP commits to contribute to making the vote of all Albanian citizens with permanent residence abroad a reality in the shortest possible time, where they live, according to the current obligations stemming from the Electoral Code, as well as the decision of the Constitutional Court of on December 9, 2022, with the same standards and guarantees as citizens who vote within the country.

The position of the Democratic Party regarding the Electoral Reform and the need to improve the legal framework for the elections

(17.04.2024)

Considering that:

1. The problems of the elections in Albania, as evidenced by the reports of the opposition but above all strongly underlined by the final reports of the elections of ODIHR for the elections for the Assembly in 2021 and the elections for local government bodies in 2023, are of a very serious nature and require immediate addressing through the strengthening of legal mechanisms and the restoration of guaranteeing elections at the top of the priorities of law enforcement agencies.

These serious problems, after more than 2 decades, return the headlines to the secrecy and freedom of voting, the drafting of correct election lists, the extreme misuse of state resources and public administration by the ruling party, etc.

2. A true consensual electoral reform between the majority and the opposition is essential and primary for democratic stability. It is favorable for the normalization of the political crisis that has involved the parliament and politics in Albania.

A consensual electoral reform in the decade spanning 2002-2012, carried out through bipartisan-opposition parliamentary committees, has provided a sound legal framework as stated by the OSCE/ODIHR and has consistently improved elections. Such consensual reform was at the core of two peaceful rotations of power, in 2005 when the center-right coalition led by the DP came to power and in 2013 when a socialist-led alliance took office.

A commission and a mutually trusted reform process have often helped to defuse political conflict, increase the legitimacy of elections, and as a result, in 2013, elections were removed from the list of problems related to EU integration.

3. Under the above conditions, the Democratic Party commits to actively contribute to the immediate addressing of the serious problems that the electoral process has in Albania by providing input and consensus at the Electoral Reform table as soon as the minimum prerequisites for a normal functioning of the mechanism are guaranteed. address this reform.

a) Procedurally through,

- Guaranteeing the inclusiveness and fair representation of the parliamentary opposition in it;

- Guarantees that only the agreed product of the bipartisan electoral reform commission will be discussed and eventually voted on in the Parliament of Albania.

b) Substantially

- DP demands the return to the last agreement reached through the position and the opposition (June 5, 2020), for which there is also an agreement signed through the parties and supported by strategic partners and international organizations, and consequently the undoing of the consequences and changes of unilateral constitutional and Electoral Code (July and September 2020), especially for:

o the restoration of coalitions with a composite list where each member party of a coalition has the right to compete with its name on the ballot, giving the voter the right to vote for the party he prefers, within the coalition. This form of coalition has operated successfully and without any problems from 2003-2020 and has ensured two political rotations (2005 and 2009).

o Eliminating the inequality of the vote and the unfairness of the result that produced the unilateral constitutional and Electoral Code changes (July and September 2020) in the electoral system.

o The Democratic Party fully stands for open lists in accordance with the standard applied by the vast majority of over 90% of countries that use open lists.

- DP commits to address through the improvement of the existing legal framework and especially the strengthening of the criminal legal framework the final recommendations of the ODIHR contained in the 2021 and 2023 reports, with a focus on:

o State involvement in elections, use of state resources and normative power in favor of the party in power;

o Buying the vote and especially buying the voter's right to vote by preventing them from going to the polls. Compulsory voting ensures the full exercise of the right to vote (according to the examples of Greece, Belgium, Australia).

o Violation of the secrecy and freedom of voting, especially through the patronage system, use of personal data collected through state institutions, exercise of pressure before and during the voting day.

- PD commits to contribute to making the vote of all Albanian citizens with permanent residence abroad a reality, where they live, according to the current obligations stemming from the Electoral Code, as well as the decision of the Constitutional Court, in the shortest possible time. of December 9, 2022, with the same standards and guarantees as citizens who vote within the country. The voting system of Albanian citizens with permanent residence abroad should be simplified from the burdensome registration procedures in order to avoid governmental control and filters. The voting system for this category of voters must be efficient and impartial and must not serve to unilaterally influence the result.

- DP is committed to seriously analyze the serious problems that appeared in the last elections in terms of the voting process and electronic counting, with the aim of reaching a final decision which can end the hybrid phase of its piloting in some areas , through its extension throughout the country, or finally giving up this system. The CEC has failed to implement the guarantees that the law provides for voters to confirm and cast their vote in complete freedom. Voting by third parties and/or CEC technical operators constitutes a criminal offense and is unconstitutional according to the constitutional jurisprudence of 2002. The lack of an independent certified audit, after three pilots from 2021, undermines confidence in the management of electronic voting.

- DP is committed to restoring the balance and credibility of the CEC and the Electoral College. The last elections have demonstrated one-sided political control of the main bodies of electoral administration and justice, with the consequence of the rejection of complaints based on facts and discourse of illegal practices in favor of the party in power, with serious consequences on the elections.

- The Democratic Party is committed to contribute to strengthening criminal sanctions for illegal electoral financing, especially that of foreign origin, in order to avoid the infiltration of this type of financing in the electoral process and to hold directly criminally responsible the persons/entities that benefit from his.

- DP commits to, in accordance with the first priority recommendation of the OSCE/ODIHR Final Report for the elections of May 14, 2023, to contribute to making truly effective the prohibitions and sanctions contained in the current legal framework for the misuse of state resources. vote buying and misuse of personal data, through the adoption of a permanent supervisory mechanism, but equipped with executive powers, composed of representatives of the special prosecutor's office, the general prosecutor's office, representatives of the CEC and other law enforcement agencies, directed from the special prosecution./ CNA