REPUBLIC OF ALBANIA
THE ASSEMBLY

THE ELECTORAL CODE OF THE REPUBLIC OF ALBANIA

Article 1

Purpose of this Code

The purpose of this Code is the specification of rules:
a) for voting in elections to the Assembly, to organs of local government and in a referendum;
b) for the organization and functioning of the election commissions;
for the preparation and revision of voter lists;
ç) for the determination of electoral zones;
for the registration of electoral subjects and their financing;
dh) for the coverage of electoral campaigns by the media;
for the organization and validity of referenda;
ë) for procedures of voting and of issuing election results;
for criminal and administrative violations of the provisions of this Code.

Article 2

Definitions

For purposes of this Code:
1. The “election date” is the date of voting determined by a decree of the President of the Republic.
2. “Special institutions” are prisons, places of pre-trial detention, hospitals or other healthcare institutions that accept patients for more than three days.
3. 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.
4. An “independent candidate” is a candidate for deputy, or for mayor of a municipality or commune, or for a municipal or communal council, who is not supported by any political party.
5. A “coalition” is a grouping of two or more political parties registered with the CEC that submit a candidate for deputy, a candidate for mayor of a municipality or commune, or a multi-name list for the elections to the Assembly or the municipal or communal council.
6. “VCC” is a Voting Centre Commission.
7. “CEC” is the Central Election Commission, created according to article 154 of the Constitution.
8. “LGEC” is the Local Government Election Commission.
9. “ZEC” is the Zonal Election Commission.
10. “Voter lists” are official documents of the registration of voters for each polling unit provided in accordance with this Code.
11. A multi-name list” is a list of the candidates of one political party or coalition that is to be approved by the CEC and serves for the determination of deputies from supplemental mandates for the Assembly or for the determination of members of the councils of local government units?
12. A “joint multi-name list” is a list of a coalition’s candidates, which appears as a single subject on the ballot paper.
13. A “composed multi-name list” of a coalition is a multi-name list that is composed of particular lists of the coalition parties, which appear separately on the ballot paper.
14. An “electoral unit” is either an electoral zone, or a municipality or commune in the case of local elections.
15. A “political party” is a party registered in accordance with Law no. 8580, dated 17 February 2000, “On Political Parties.”
16. The “election period” is the period beginning 30 days before the election date and ending with the final announcement of the voting results.
17. A “representative of an electoral subject” is a person authorized by a candidate or a registered political party to represent their interests and to participate in meetings of electoral commissions, in the name of and on account of the candidate or the party.
18. A “voting centre” is the premises designated for holding the voting, in accordance with this Code.
19. A “constitutional referendum” is a referendum held pursuant to section 4 or 5 of article 177 of the Constitution.
20. A “general referendum” is a referendum held pursuant to articles 150, 151 and 152.
of the Constitution.
21. A “local referendum” is a referendum held pursuant to section 4 of article 108 of the
Constitution.
22. “The National Registry of Voters” is an aggregate of the voter lists prepared in
accordance with the respective rules in this Code.
23. “Revision of the lists” is the process of deleting or adding names, or changing the data, on the voter lists.
24. A “student” is any voter registered as a full-time student in an educational or vocational training program in Albania of at least three months duration and whose residence for purposes of this education or vocational training is a place other than his domicile.
25. “Electoral subjects” are political parties, coalitions registered with the CEC, their candidates as well as independent candidates registered with a ZEC or LGEC.
26. Abrogated.
27. Abrogated.
28. A “voter” is each Albanian citizen with the right to vote.
29. “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.
30. “Elections” are the voting for the Assembly, for representative organs of local government or in a referendum.
31. “Partial elections” are the voting to fill the seat of an independent candidate elected in single-member zones or the seat of a mayor of a municipality or commune, as well as for the election of a new local council in case of dissolution.
32. “Polling Unit” is a geographical zone within a municipality, commune, or electoral zone established in accordance with this Code.
33. “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.
34. “The final election result” is the result declared by the CEC and includes:
a) the result of voting for the candidates for deputy or for mayor of a municipality or commune, who are directly elected in the respective electoral units; and
b) the number of seats obtained by each political party or coalition, according to the calculations provided in this Code; or
c) the result of voting in a referendum, according to the provisions of Part Nine of this Code.?
35. “Close in-law relationship” is the in-law relationship between a commission member and a candidate when one of them is the parent of the other's spouse or the sister or brother of the other's spouse or the spouse of the brother or sister of the spouse.

Article 3

General principles

1. Elections are conducted through free, secret and direct voting, according to the rules provided in this Code.
2. 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.
3. Voters freely exercise the right to vote in conformity with the rules provided in this Code.
4. Voters are equal in the exercise of the right to vote and to be elected.
5. The division of electoral zones is done by including in each one an approximately equal number of voters.
6. Each 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.
7. Electoral subjects are free to make electoral propaganda in any lawful manner.
8. Electoral commissions provided in this Code fulfill their responsibilities in an impartial and transparent manner.
9. Ministries and other institutions of public administration have the obligation to guarantee the inviolability of the general principles stated in this article and to take all the necessary measures in order that the administration and conduct of free, fair, democratic, and transparent elections are not damaged or hampered by their activity.

Article 4

Subjects of the principle of inviolability of the electoral process

The principle of the inviolability of the electoral process applies to all levels of institutions of public administration in Albania at national and local levels. This principle applies to all employees or political officials during their activity in the name of and on behalf of the institution.

Article 5

Prohibition on use of public resources in support of candidates, political parties, or coalitions

1. Except as otherwise provided for by law, no resource of any ministry, or other institution of the public administration at a national or local level, can be used or applied in support of a candidate, political party, or coalition in an election.
2. For the purposes of this article, “resource” shall include tangible and intangible items as defined in article 142 of the Civil Code as well as every human resource of the institution. “Human resources” means the utilization of the administration of the institution during working hours for electoral purposes. The hiring, dismissal from employment, revocation of assignment, reassignment and transfer with the exception of justified cases, are also considered as activities of the institution of the public administration.

Article 6

Appointment and duties of the liaison

1. The administration of the Council of Ministers and the Prime Minister’s Office, all the ministries, prefectures and municipalities have the obligation, no later than 24 hours after the setting of the election day, to appoint a liaison responsible for the exchange of information with the CEC on activities that are related to the administration or conduct of free, fair and democratic elections.
2. A written notice of the appointment, including the liaison’s name, position or title, office address, and telephone and facsimile numbers shall be provided to the CEC concurrently with the appointment. If any of these institutions fails to appoint a liaison in accordance with the requirements of and within the time set in this article, then the head of the respective institution shall be deemed to have taken the function of the liaison.
3. The liaison shall provide the CEC with complete written information on orders of the head of the institution for every activity that might affect or damage the administration or conduct of free, fair, democratic and transparent elections. This information shall be provided in writing to the CEC no later than 10 days before the activity is scheduled to commence.
4. The liaison shall have access to the highest level of the institution for the purpose of exchanging information with the CEC.
5. If the CEC determines that the activity of the institution is likely to damage or hamper the administration or conduct of free, fair, democratic and transparent elections, then the CEC shall inform in writing the appropriate liaison no later than 5 days before the activity is scheduled to commence.

Article 7

Setting the Election Date

1. The date of the elections is set by a decree of the President of the Republic, according to the rules provided in articles 65, 109, 115, 151 section 3, 152 section 3 and 170 section 6 of the Constitution.
2. For the purposes of this code, the mandate of the Assembly expires on the same day of the same month, of the fourth year after the date of its inaugural meeting. The mandate of local government organs expires on the same day of the same month of the third year after the date of the declaration by a CEC decision at a national level of election results for local government organs.
3. No later than 75 days before the expiry of the mandate of the Assembly, the President of the Republic sets the date of the elections. Upon the decision of the Assembly, the closing of the legislative session and the dissolution of the legislature are to take place no earlier than 45 days from the date set for the elections and no later than 3 days prior to this date.
4. Pursuant to article 87 of the Constitution, no later than 24 hours after the Assembly’s dissolution, the President of the Republic sets the date for the elections. Pursuant to article 65 of the Constitution, the elections are to be conducted no later than 45 days after the dissolution of the Assembly. The date of the dissolution is the date of the fifth vote according to section 7 of article 87 of the Constitution when the Assembly fails to elect a new President.
5. Pursuant to section 4 of article 96 of the Constitution, when the Assembly fails to elect a new Prime Minister, the President of the Republic decrees the dissolution of the Assembly and, no later than 24 hours after the vote provided in section 3 of the same article, sets the election date. Pursuant to article 65 of the Constitution, the elections are to be held no later than 45 days after the dissolution of the Assembly.?
6. When the Assembly dissolves itself for reasons other than those mentioned in sections 3, 4 and 5 of this article, the President of the Republic no later than 24 hours after the Assembly’s dissolution sets the date of the elections. The Assembly is to be dissolved on the day it votes to dissolve itself.. Pursuant to article 65 of the Constitution, the elections shall take place no later than 45 days after the dissolution of the Assembly.
7. In any case, the elections for the Assembly shall take place on the Sunday nearest to the forty-fifth day after the date of the decree setting the election date.
8. The 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 by 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 section 3 of the Constitution. The other time limits are applied in an analogous manner.
9. The presidential decree setting the date of elections contains the date and the type of the elections.

Article 8

Voting Hours

1. When the date of the elections is on or between March 31 and October 15, the voting centres open at 700 and close at 1900.
2. When the date of elections is on or between October 16 and March 30, the voting centres open at 700 and close at 1800.
3. No one may vote after the closing time of the voting centres, except voters who are waiting to vote at the time of closing.

Article 9

Conditions for being a voter

1. 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 in elections to the Assembly, to local government organs and in referenda.
2. Citizens declared by final judicial decision as incapable of acting because of mental incapacity are excluded from the right to vote.

Article 10

Voting place

Voters vote in the voting centre in the zone where they are registered on the voter list.

Article 11

Voters who live in another state

Voters who live in another state have the right to vote only in the territory of the Republic of Albania in accordance with the procedures provided in this Code.

Article 12

Voters in Special Locations

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

CHAPTER II: CANDIDATES

Article 13

Conditions for Being a Candidate

1. In addition to the conditions for being a voter, a candidate also must meet the conditions of section 3 of article 45 and article 69 of the Constitution.
2. A candidate for 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.
3. The candidates of the party lists deposited with the electoral commissions shall meet the conditions contemplated in sections 1 and 2 of this article.

Article 14

Filling Vacancies in the Elected Organs

1. When the seat of a deputy in the Assembly is vacant, it is filled by a new member.
2. 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.
3. When the mandate of a deputy elected in a single-member zone ends prematurely, his seat is filled by a new deputy elected by the voters of the same electoral zone. The President of the Republic, on the basis of the immediate notification by the Speaker of the Assembly, sets by decree a date no later than 45 days from receipt of the notification for partial elections in that zone. A deputy elected to fill a vacant seat serves until the end of the mandate of the deputy who departed.
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 next candidate on the multi-name list of the respective electoral subject. If during this period the mandate of an independent deputy ends prematurely, he is not replaced.?
4. 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 for the election of 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 next candidate of the respective multi-name list.
5. 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 among its members a new mayor to serve until the end of the mandate.
6. Partial elections are held according to the same procedure as general elections.

CHAPTER III: POLITICAL PARTIES

Article 15

Registration of Political Parties

1. Each 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 to be registered with the CEC as an electoral subject no later than 40 days prior to the day of elections. Political parties or coalitions whose member parties have obtained jointly more than 20% of the votes in the previous general elections, have the obligation to nominate candidates in all 100 electoral zones.
2. To register with the CEC, a political party shall submit:
a) verification that the party is registered with the Tirana District Court;
b) the name, surname and address of the Chairman of the party, who is the person authorized to nominate candidates;
c) the official name, initials and address of the party;
ç) a copy of the party’s seal;
d) the name and address of the financial officer of the party;
e) the name and address of the person responsible for communication with the CEC.

Article 16

Electoral coalitions

1. Two or more political parties registered with the CEC according to article 15 of this Code may be registered with the CEC as an electoral coalition by submitting, 35 days prior to the elections date, the respective coalition agreement. The agreement must define whether the parties composing the coalition will appear separately on the ballot paper in the proportional voting or the coalition will appear as a single subject.
2. Within the time limit provided by article 78 of this Code, the registered coalitions shall deposit the multi-name lists with the CEC, in accordance with articles 84 and 85 of this Code.
3. Coalition agreements are to be implemented directly by the CEC when they include:
a) the date of the establishment of, data on the composition of and the name of the coalition;
b) a composed multi-name list when parties in coalition appear separately on the ballot paper, or a joint multi-name list in case the coalition appears as a single subject.
4. The CEC may not accept or apply agreements on formulas for the allocation of votes among coalition member parties.
5. Political parties may not participate in more than one coalition.

Article 17

Identification of electoral subjects

If two political parties or coalitions have names, initials or logos that are the same, or similar to an extent that may create confusion or mislead the voters, then the CEC decides which party or coalition has the right to use the respective name, initials or logo for electoral purposes, taking into consideration the date of the legal foundation of parties or that of the first registration of a coalition with the CEC. In order to establish the date of the first registration of coalitions, the CEC shall refer also to past elections.

Article 18

The Right to Appoint Observers

1. Albanian and foreign non-governmental organisations, as well as international organisations specialised or engaged in the area of protection of human rights, representatives of foreign countries and of the media have the right to send observers to the elections.
2. Each political party registered with the CEC as an electoral subject has the right to appoint an observer to the ZEC, LGEC, VCC and the Ballot Counting Centre after the registration of a candidate for the respective electoral unit or the submission of a multi-name list. If the political parties are introduced in the elections as a coalition, the right to appoint observers rests with the coalition only. The candidates of the political parties and coalitions do not have the right to appoint observers.
3. Independent candidates in their respective zones are entitled to appoint an observer to the ZEC, LGEC, VCC and the Ballot Counting Centre.
4. The accreditation of the observers to electoral commissions is made on the basis of individual data for each observer. The accreditation may include one or more voting centres, or one or more electoral units. An Albanian non-governmental organisation, political party, coalition or independent candidate may not have more than two observers at the same time present in a voting centre. Foreign non-governmental organisations and international organisations may not have more than two foreign observers at the same time present in a voting centre.
5. Requests by Albanian observers for accreditation are to be submitted to the CEC not earlier than 45 days and not later than 15 days before the election date. The CEC approves the requests no later than five days after their submission. An appeal against a refusal or failure to grant accreditation may be filed according to the procedures contemplated in this Code. Requests by foreign observers are to be submitted not later than 72 hours before the election date.
6. The CEC has the right, by a special instruction, to delegate to the ZECs, or as appropriate to LGECs, the competency to grant accreditation to observers according to sections 2 and 3 of this article.

Article 19

The Rights and Duties of Observers

1. While performing their duties, observers have these rights:
a) to observe without hindrance all aspects of the preparation and conduct of elections;
b) to submit written comments to the election commissions for every kind of irregularity that they notice;
c) to look at or examine the documentation or materials of the electoral process.
2. The observers have these duties:
a) to respect the requirements of this Code and the instructions of the CEC on election observation;
b) to act in an impartial manner and not to make propaganda for any candidate, party,
coalition or referendum alternative at the voting centres or at other places prohibited according to this Code;
c) 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;
d) not to violate the right of the voter to a secret ballot and not to hamper the process of voting and the administration of the election.

Article 20

Criteria for membership of the CEC

1. Every Albanian citizen eligible to vote and who meets the requirements of this article can be selected as a member of the CEC.
2. A member of the CEC should meet the following requirements:
a) to have higher education;
b) not to have been convicted of a crime by a final court decision;
c) not to have been a member of the steering organs of any political party at the central and local level during the last 5 years;
ç) not to have been a member of the State Information Service or of the State Police in the last 5 years;
d) not to have been dismissed from the public administration for a violation of the
law.

3. A member of the CEC must have a working experience of no less than 5 years, in at least one of the following fields:?
a) in the field of law;
b) in public or electoral administration;
c) in associations and non-profit organizations that operate in the field of the protection of human rights;
ç) in the field of public relations;
d) in the field of statistics;
dh) in the field of political science.

Article 21

General principles for the election of CEC members

1. Members of the CEC are selected pursuant to article 154 of the Constitution. The members of the CEC collectively shall satisfy, at all times, the requirements of article 20 of this Code.
2. The members of the CEC have a 7-year mandate and can be re-elected only once.
3. The beginning and the end of the mandate of CEC members are determined in this Code.
4. Membership in the CEC is incompatible with any other state or political activity.
5. Before taking office, an elected member of the CEC takes an oath in front of the President of the Republic in a public ceremony. The text of the oath is: “I swear on my honor that I shall commit myself with all my strength to the realization of fair, free and democratic elections in the Republic of Albania, I shall guarantee and protect the integrity and secrecy of the vote, I shall maintain impartiality in discharging my duty as a member of the Central Election Commission and shall demonstrate professionalism in this discharge.

Article 22

The procedure for the election of CEC members

1. The Assembly of Albania elects two members of the CEC upon the respective proposals from the left and right spectrum of its political composition, excluding the largest political party of either political spectrum. The number of candidates presented to the Assembly of Albania shall not be more than two for each vacancy. The candidacies within the groups are selected with consensus or according to the number of supporting votes of the deputies belonging to the same spectrum as the proposing party, excluding the largest political party of the respective spectrum. A deputy cannot support more than one list of candidates. The proposed candidates are presented to the Assembly by the Speaker.
2. The President of the Republic appoints two members of the CEC upon the respective proposals of the two largest political parties of the majority and the opposition. The number of the proposed candidates is not higher than two for each vacancy in the CEC.
3. The High Council of Justice selects three members of the CEC according to this procedure:
a) two members of the CEC are approved from among two candidates for each vacancy proposed respectively from the two largest parties;
b) the third candidate is selected by the High Council of Justice according to this procedure: the two largest parliamentary groups propose four candidates who are jurists by profession. Each of the parliamentary groups selects two of the four candidates from the other group. The four selected candidacies are voted on by the High Council of Justice no later than 48 hours after having been deposited;
The High Council of Justice decides with two-thirds of the votes of all its members;
In the case that none of the candidates obtain the required majority, a second round takes place on the same day, between the two candidates who received the highest number of votes in the first round;
If, in the second round as well, no candidate obtains two-thirds of the votes of all members of the High Council of Justice, a third round takes place on the same day, between the candidates of the second round. In the third round, the candidate who obtains 50% plus one of the votes of all members of the High Council of Justice wins.

Article 23

The immunity, rights and duties of a member of the CEC

1. A CEC member may be criminally prosecuted only with the approval of the Assembly.
2. A CEC member may be detained or arrested only if apprehended while committing a crime or immediately after its commission. The competent organ shall notify the Constitutional Court immediately. If the Constitutional Court does not consent within 24 hours to bring the arrested member of the CEC before a Court, the competent organ is obliged to release him.
3. CEC members enjoy the salary and privileges of a High Court judge. The salary of the Chairman and the Deputy Chairman is ten percent higher than a CEC member salary.
4. A CEC member is to exercise his function in an independent manner. He is to vote in compliance with the law.
5. A CEC member is not to participate in the examination of and voting on an issue when:
a) he has close in-law or family relations to the fourth degree with any of the candidates who have submitted a complaint to the CEC; or
b) he has or is suspected of having one of the obstacles provided in article 37 of the Code of the Administrative Procedures.
The refusal from examining and voting on an issue is to be declared in writing by a CEC member or may be requested by any representative of electoral subjects or by other Members of the CEC. The withdrawal from the examination and the voting of an issue or the decision of the CEC to exclude a member from the examination and the result of voting is to be recorded in the official records.?
6. Abrogated.
7. Abrogated.

Article 24

Dismissal of a CEC member

1. A CEC member is to be dismissed when:
a) he performs state or political activity at the same time he exercises the duties of a CEC member;
b) by acting or failing to act, he threatens the activity of the CEC concerning the preparation, supervision, direction and verification of all aspects that pertain to the elections and referenda, as well as to the declaration of their results.
3. The dismissal of the CEC member can be proposed by 33 deputies or by the CEC.
4. A CEC member is dismissed by the Assembly with two-thirds of the votes of all its members.
5. An appeal against the decision to dismiss can be filed with the Constitutional Court within 5 days after the decision of the Assembly. The Constitutional Court shall reach a decision not later than 10 days from the filing of the appeal.

Article 25

Abrogated

Article 26

Renewal of the composition and replacement of members of the CEC

1. The composition of the CEC is renewed every three years and it is carried out in two stages, following the modalities and procedures specified in article 22 of this Code.
2. Four members of the CEC are to be replaced during the first stage:
a) one member selected by the Assembly;
b) one member selected by the President of the Republic;
c) two members selected by the High Council of Justice.
3. Three members of the CEC are to be renewed during the second stage:
a) one member selected by the Assembly;
b) one member selected by the President of the Republic;
c) one member selected by the High Council of Justice.
4. The new members of the CEC are to be elected no later than 30 days from the date of the end of the mandate of the outgoing members.
5. In the case of a premature termination of the mandate of a member of the CEC, in accordance with article 25 of this Code, the body that has selected the outgoing member is to appoint a replacement member within 30 days of the date the vacancy is announced. The replacement member remains in office until the end of the constitutional and legal mandate that belonged to the outgoing member according to the act selecting the member whose mandate was prematurely terminated.
6. Regardless of section 4 of this article, the composition of the CEC may not be changed during the electoral period. In this case, the current members are to be replaced within 30 days after the end of the electoral period. If the mandate of a member of the CEC ends prematurely during the electoral period, he is to be replaced by the respective body as soon as possible, but no later than 48 hours after the creation of the vacancy.

Article 27

CEC Chairman and Deputy Chairman

1. The chairman is elected by a secret ballot by the CEC according to this procedure:
a) the seven names of the CEC members are written on seven ballot papers;
b) each of the members votes making the respective mark for one of the names that are in the ballot papers;
c) the member who has received five votes is considered to be elected Chairman;
ç) in case none of the members has obtained the required number of votes, a second vote takes place between the two candidates who received the largest number of votes;
d) in case that in the second vote as well, none of the candidates receives five votes, then the member who has received the largest number of votes will perform the functions of the chairman for a period of not longer than six months;
dh) at the end of this period, a new vote takes place. In this vote the CEC member elected as chairman should receive five votes. In case none of the members receive the required number of votes, a second round of voting takes place among the members who have received the largest number of votes. In the second round, the member who receives the largest number of votes is elected Chairman.
2. The CEC Chairman is elected for a period of 3.5 years, with the right to be re-elected and this is included in his mandate as a member.
3. The CEC Deputy Chairman is elected by secret ballot from among the CEC members proposed by the opposite political spectrum of that of the chairman and according to the following procedure:
a) the names of members are written on a ballot paper according to section 3 of this article;
b) each of the members votes by making the respective mark for one of the names listed on the ballot paper;
c) the member who has received the majority of votes of all the members is elected Deputy Chairman of the CEC;
ç) in case none of the members receives the required majority of votes, a second round of voting takes place between the two candidates who received the largest number of votes. The member who receives the largest number of votes during the second round is elected CEC Deputy Chairman.
4. The Deputy Chairman is elected for a period of 3.5 years, with the right to be re-elected and this is included in his mandate as member.
5. The meeting for the election of the Chairman, in case the Deputy Chairman is missing, is chaired by the CEC member with the highest age and the election procedures are performed in the presence of a notary.
6. Abrogated

Article 28

The rights and duties of the Chairman and Deputy Chairman of the CEC

1. The CEC Chairman has the following competencies:
a) to chair CEC meetings and represent the CEC in relations with other institutions;
b) to perform the duties of the executive director of the institution. Pursuant to his competencies according to this subsection, the Chairman of the CEC issues internal orders on the basis of and for the implementation of CEC decisions.
2. The Deputy Chairman of the CEC performs the duties of the Chairman when the latter is absent.

Article 29

The Competencies of the CEC

The CEC performs the following duties:
1. Within its jurisdiction, based on and for the purpose of implementing the law, issues decisions and instructions with general juridical applicability in the entire territory of the Republic of Albania.
2. Makes decisions to unify electoral practices.
3. Directs and checks, through its members and structures, the pre-electoral and electoral processes.
4. Declares through a decision the final results of elections on the national level, based on the results declared by the ZEC, or as appropriate the LGEC, and after the court examination of appeals has been completed. The declaration is to be made no later than 3 days from the date when the CEC receives all official data from the election commissions and court decisions, as provided in this Code. The decision is to be published in the Official Journal no later than 3 days after it has been made.
5. Announces the winning candidates for deputy from the multi-name lists.
6. Conducts training courses at its own expense no later than 30 days after the appointment of ZEC or LGEC members and at the conclusion gives them, upon completion of testing, the respective certificate. For VCC members, the CEC conducts at its own expense qualification sessions on electoral legislation. The CEC also takes measures and organises voter education programmes of citizens.
7. Appoints and dismisses, in accordance with this Code, members of ZECs and LGECs and supervises them in fulfilling their duties.
8. Publishes the election bulletin, which contains the results of elections for each electoral unit and voting centre, as well as a report on electoral expenses; and also publishes the reports according to 145/1 of this Code.
9. Presents to the Assembly, by the month of February of each year, an annual report on the activity in the previous year.
10. Prepares, according to the respective law, the annual draft budget for the functioning of the institution and, after the approval by law of the budget, defines in a general manner the structure of the budget expenses.
11. Prepares the draft budget for anticipated elections and administers funds allocated from the state budget and from other lawful sources for the purpose of the elections, while deciding on the structure of budget expenses and various donations for the elections.
12. Examines and resolves claims of electoral subjects on the conduct of the electoral process, in accordance with the rules of this Code;
13. Compiles and distributes electoral complaint forms in accordance with the rules of this Code.
14. Determines the amount of remuneration for members of the electoral commissions and Counting Teams.
15. Imposes administrative sanctions against persons who commit administrative infractions related to elections, as well as filing criminal charges for criminal offences related to the elections.
16. Approves the structure, personnel needs, and salary structure of the CEC administration.
17. Appoints civil servants of the CEC administration in compliance with the law “On the status of the civil servant”. During certain periods, the CEC may decide to employ on a temporary and part-time basis, employees of different levels.
18. Approves the Rules on the Organization and Functioning of the CEC, including the manner in which meetings are to be conducted, at least 6 months prior to the end of the Assembly's mandate.
19. Performs other duties stemming from this Code or from other laws.

Article 30

CEC meetings and decision-making

1. CEC meetings are called by the Chairman, Deputy Chairman or by at least two members of the CEC. In any case, the notice of a meeting must also include the agenda of the meeting.
2. During the period from the determination of the election date until the declaration of the final election result, the CEC meets regularly every day. CEC sessions end with the determination of the agenda for the following meeting.
3.The notice for the meeting together with the agenda are to be publicly posted at the entrance of the CEC head offices and, when appropriate, at the head offices of the interested ZECs or LGECs on the matter, at least 24 hours prior to the time set for the meeting.
4. At the beginning of each meeting, each electoral subject registered to participate in the elections or any other interested persons, have the right to speak only once and for a time period of no longer than 7 minutes about issues not included in the agenda for that day.
5. CEC meetings are valid when no fewer than four CEC members participate in the meeting, except cases when, according to section 6 of this article, a qualified majority is required for making a decision.
6. The declaration of the voting results for multi-name lists for the Assembly, decisions related to complaints against a decision of the ZEC or LGEC regarding election results, as well as decisions on requests to declare elections invalid are approved when no fewer than 5 CEC members vote in favour. Other decisions are made by a majority of the votes of all CEC members.
7. CEC decisions are to be signed by all the members that have participated in the voting. Each of the Commission members declares his vote for or against next to his signature on the decision. The minority opinion is part of the decision and is transcribed along with it. Members in a minority must file the reasoning of their opinions in writing no later than 24 hours after the decision has been made.
8. Each meeting of the CEC starts according to the specifications made in section 4 of this article. Only members of the CEC, representatives of electoral subjects according to article 33 of this Code and, with the permission of the CEC, other persons connected to the preparation and administration of elections, have the right to discuss and give opinions at CEC meetings.
9. Meetings of the CEC are open to the public.

Article 31

CEC acts and their entry into force

1. Based on and for the implementation of the law, the CEC can issue only these acts:
a) decisions;
b) instructions.
2. Every normative act of the CEC is voted on three times, in the following order:
a) it is voted on in principle;
b) it is voted on article by article or, as appropriate, section by section;
c) at the end, it is voted on as a whole.
3. Any CEC decision is transcribed within 24 hours after it is made. The original copy of the decision is retained in the CEC archive, which notes the date and time as well as signs for the receipt of the CEC decision.?
4. The secretary of the CEC, upon the request of any person, shall provide certified copies of CEC decisions free of charge and within 24 hours after a request has been submitted.
5. The normative acts of the CEC enter into force after their publication in the Official Journal, while other acts enter into force immediately.

Article 32

The CEC secretary and administration

1. For the functioning and fulfillment of duties arising out of the Constitution and this Code, the CEC has its own administration composed of civil servants. The procedures for the recruitment, transfer, promotion, parallel movement and dismissal are conducted in compliance with the provisions for independent institutions in the Law “On the Status of the Civil Servant”. ‡
2. The secretary of the CEC is the highest ranking civil servant in the administration of the CEC and is appointed by a decision of the CEC.
3. The secretary of the CEC should have no less than five years of work experience in the area of law or of public administration.
4. The secretary of the CEC performs the following duties:
a) takes measures for the organization of the meetings of the CEC, prepares materials for these meetings and makes relevant notifications;
b) takes measures for the publication of CEC acts and for making them available to the public;
c) takes measures, in compliance with this law and the secondary legislation issued by the CEC, for providing working conditions for CEC members according to their requests;
ç) is responsible for, directs and organises the work for the implementation of the internal orders of the CEC Chairman, according to article 28 of this Code.
d) follows the implementation of the budget and takes the necessary measures for it;
dh) proposes for approval at the CEC the Rules for Internal Organisation and Functioning of the CEC Administration;
e) performs other tasks as provided in this Code.

Article 33

Representatives of electoral subjects to the CEC

1. Any political party may appoint one representative to the CEC. Coalitions are represented by the representatives of the coalition member parties.
2. The representatives of the parliamentary parties have a permanent status at the CEC. They are entitled to participate in all the meetings organized by the CEC, even outside the election period. Representatives of other political parties are entitled this status from the moment of the registration as an electoral subject at the CEC and exercise it until the declaration of the final elections result. The authorisation for representation is given by the chairman of the party.
3. Representatives according to sections 1 and 2 of this article have no right to vote. They have the right to attend the meetings of the CEC, to discuss and present proposals and requests according to the rules established in this Code and in the Rules for the Organisation and Functioning of the CEC, to receive copies of CEC acts, request information on all aspects of CEC activity and observe them.
4. Representatives are obliged to respect the Regulations of the CEC and the ethical norms of meetings and communication.

Article 34

Composition of the ZEC

1. A ZEC is composed of seven members and a secretary, who are appointed by the CEC according to the following procedure:
a) one member is proposed by the main party of the parliamentary majority, one member is proposed by the main party of the parliamentary opposition and two members are proposed respectively by the second and the third party of the parliamentary majority and two members are proposed respectively by the second and the third party of the parliamentary opposition;
b) in half of the ZECs, the seventh member is proposed by the main party of the parliamentary majority, while in the other half, the seventh member is proposed by the main party of the parliamentary opposition. The respective ZECs are established by the CEC according to objective criteria based on:
i) random selection; and
ii) equal distribution in the electoral territory;
c) the secretary of the ZEC shall be a jurist and shall be proposed by the party that proposes the deputy chairperson of that ZEC.
2. The Chairperson and Deputy Chairperson of the ZEC are appointed by the CEC on the proposal of the ZEC. In the first half of ZECs, where the seventh member belongs to the main party of the parliamentary majority, one of the ZEC members representing the main party of the parliamentary majority is elected chairperson, while for the other half, one of the members representing the main party of the parliamentary opposition is elected chairperson. The deputy chairperson is of the opposite political affiliation to that of the chairperson.
3. The ZEC members do not work full-time. The CEC determines the working hours of the ZEC during the election period and outside the election period. For the work performed, the members receive remuneration in the amount provided by a CEC decision.
4. The ZEC is established in accordance with the final results of the last parliamentary elections not earlier than 8 months and not later than 6 months prior to the end of the mandate of the Assembly. The ranking order of the parties, for the purpose of allocating the seats of the ZEC, according to the definitions of this article, is based on the number of votes received by each party in the proportional vote.
If two or more parties participated in the last parliamentary elections as an electoral coalition with joint multi-name lists, for the purpose of establishing the ZEC, the ranking order of these parties will be based on the number of votes they received on a national scale in the elections preceding the establishment of the ZEC, regardless of the type of these elections. If two parties have received the same number of votes, then the ranking order is decided with the votes for the Assembly prevailing. If it is still impossible to decide the ranking order, then a lot will be drawn.
5. The CEC appoints the ZEC members not later than 15 days after the submission of the proposals, if it finds that the proposal is in conformity with articles 34/1 and 34/2 of this Code.
6. If the political parties of the parliamentary majority and the parliamentary opposition that have the right to submit their candidacies for ZECs do not exercise this right within the time limit provided in section 1 of this article, this right automatically will be transferred to the next parties in the ranking order according to the number of seats in the Assembly, within the respective grouping. When this is not possible, the proposals will be made according to section 2 of this article.
7. In case of partial or of early elections, the ZEC is to be established not later than 10 days after the issuing of the decree determining the election date..
8. When the seat of a member of the ZEC is vacant, it is to be filled within 30 days after the vacancy is created, in compliance with the rules provided in this article. During the election period, vacant seats are to be filled within three days.

Article 34/1

Incompatibilities with the office of a member and of the secretary of the ZEC

A member and a secretary of a ZEC may not be:
deputies or a candidates for deputy to the Assembly;
mayors of municipalities or communes;
military personnel, members of structures of the State Police or of the State Information Service; or
ç) members or secretaries of another election commission.

Article 34/2

Requirements for being appointed a member and a secretary of a ZEC

Any person who meets the following requirements may be appointed a member and a secretary of the ZEC:
he or she has the right to be a voter;
he or she has completed higher education and, in the case of the secretary, has a degree in law;
he or she resides within the territory of the respective electoral zone;
ç) he or she has convicted of a crime by a final court decision.

Article 35

Discharge and relief from duty of members and of a secretary of the ZEC

1. A ZEC member and a secretary are to be discharged of duty by a CEC decision when they:
a) violate the provisions of this Code or of secondary legislation enacted pursuant to this Code, concerning ZEC duties;
b) no longer meet the criteria for being voters;
c) no longer live in the electoral zone;
ç) are convicted by a final court decision of committing a crime or are arrested for committing a crime;
d) are absent without a reasonable cause for more than three consecutive ZEC meetings, or are not present without cause for more than two consecutive days during the election period; or
dh) do not participate in the training or do not pass tests organised by the CEC.
2. The members and the secretary of the ZEC also are relieved of duty by a CEC decision when:
a) they have close in-law or family relations to the fourth degree with any of the candidates running in that zone;
b) they have employment relations with any of the candidates running in that zone; or
c) the electoral subject that has proposed them requests their replacement.

Article 36

Duties of the ZEC

A ZEC is responsible for conducting elections to the Assembly in its respective electoral zone and performs these duties:
1. It is responsible for the administration of the elections in the zone in accordance with the provisions of this Code and the secondary legislation issued by the CEC.
2. It appoints the chairperson, deputy chairperson, members and the secretary of the VCCs in accordance with this Code.
3. It verifies the documentation of the candidates.
4. It registers information or claims from electoral subjects in the zone in the Records Book of Meetings, and when appropriate, verifies them.
5. It posts in a visible place the final voter lists, the decree setting the election date and other data related to the conduct of elections in the zone.
6. It administers the budget allocated by the CEC for elections in the zone.
7. It ensures the timely distribution of voting materials.
8. It receives the voting materials and ballot boxes submitted by VCCs.
9. It prepares the tabulation of election results in the zone and forwards it together with other necessary materials to the CEC, in accordance with article 109/7 of this Code.
10. It declares the results of the elections in the zone, according to the specifications of article 109/7 of this Code, as well as the winning candidate in the zone.

Article 37

The duties of the ZEC secretary

The secretary of the ZEC performs these duties:
a) he is responsible for the technical administration and the working conditions of the ZEC;
b) he keeps a register of the requests, complaints and notices submitted to the ZEC;
c) he retains the archived election documentation;
ç) he prepares, in accordance with the chairperson’s instructions, the materials for the ZEC meeting and distributes them to the members;
d) he keeps the minutes of the ZEC meetings;
dh) he transcribes the decisions of the ZEC and stamps them;
e) he registers the decisions of the ZEC in the official minutes and forwards them immediately to the interested parties;
ë) he gives certified copies of the ZEC decisions or of minutes of meetings to the electoral subjects or to third persons, free of charge and within 24 hours of the submission of their request;
f) he records in a register the receipt of the election materials by the CEC in accordance with article 93 of this Code, and is responsible for administering and retaining them in conformity with the requirements of this Code;
g) upon a request from voters, he issues certification whether a voter’s name is or is not to be found on the final voter lists of the respective electoral zone;
gj) he records in the register the remarks that observers submit to the commission.

Article 38

Meetings and Decisions of the ZEC

1. The meetings of a ZEC are public.
2. The meetings of a ZEC are valid when more than half of all the ZEC members participate. Decisions of a ZEC are made by a majority vote of all the ZEC members. The secretary does not have the right to vote.
3. The decisions of the ZEC shall be signed by all the members that took part in the voting. Beside his signature, each of the members of the commission declares his vote for or against and his respective explanation.
4. The vote of the members who have a conflict of interest as provided by article 35, section 2, of this Code, and who have not been relieved of duty in compliance with that article, is invalid and is not taken into account in determining a quorum.
5. If the ZEC fails to reach a decision within the respective time limit, the case is to be sent within 24 hours for examination at the CEC by the chairperson, or by at least two members of the ZEC; or it may be appealed to the CEC by an interested electoral subject. The CEC decision is to be applied by the ZEC. If the case has been sent by the chairperson of the ZEC, or at least by two members of the ZEC, the CEC is to decide in conformity with article 30, sections 5 and 6, of this Code. If the appeal is submitted by an interested subject, the CEC is to decide in conformity with the provisions of chapter one in part twelve of this Code.

Article 39

Abrogated

Article 40

Composition of the LGEC

1. An LGEC consists of seven members and a secretary, who are appointed by the CEC according to the following procedure:
a) One member is proposed by the main party of the parliamentary majority, one member is proposed by the main party of the parliamentary opposition and two members are proposed respectively by the second and the third party of the parliamentary majority and two members by the second and the third party of the parliamentary opposition;
b) In half of the LGECs, the seventh member is proposed by the main party of the parliamentary majority, and in the other half by the main party of the parliamentary opposition. The respective LGECs are established by CEC according to objective criteria based on:
i) random selection; and
ii) equal distribution in the electoral territory;
c) The secretary shall have higher education and shall be proposed by the party that proposes the deputy chairperson of that LGEC.
2. The chairperson and deputy chairperson of the LGEC are appointed by the CEC on the proposal of the LGEC. In half of the LGECs, where the seventh member belongs to the main party of the parliamentary majority, one of the members of the LGEC representing the main party of the parliamentary majority is elected chairperson, while one of the members representing the main party of the parliamentary opposition is elected the chairperson of the other half. The deputy chairperson is of the opposite political affiliation to that of the chairman.
3. The LGEC members do not work full-time. The CEC determines the working hours of the LGEC during the election period and outside the election period. For the work performed, the members receive remuneration in the amount provided by a CEC decision.
4. The LGEC is established in accordance with the final results of the last elections for the local government organs, not earlier than 8 months and not later than 6 months prior to the end of the mandate of the local government unit. The order of the parties for the purpose of allocating the seats on the LGEC, according to the definitions of this article, is based on the total number of votes received by each party on a national scale in the voting for the councils.
5. The CEC appoints the LGEC members not later than 15 days after the submission of the proposals, when it finds that the proposal is in conformity with the requirements of articles 40/1 and 40/2 of this Code.
6. If the political parties of the parliamentary majority and of the parliamentary opposition that have the right to submit their candidates for a LGEC, do not exercise this right within the time limit provided in this article, this right is automatically transferred to the following parties, within the respective grouping, according to the number of seats in the Assembly. When this is not possible, the proposals are made according to section 2 of this article.
7. In case of partial and early elections, the LGEC is established not later than 10 days after the issuing of the decree determining the election date.
8. When the seat of a member of the LGEC is vacant, it is filled within 30 days after the vacancy is created, in compliance with the rules provided in this article. During the election period, vacant seats are to be filled within 3 days.

Article 40/1

Incompatibilities with the office of the member and of the secretary of the LGEC

A member and a secretary of an LGEC may not be:
a) deputies to the Assembly;
b) candidates or elected persons in elected local government bodies;
c) military personnel, members of structures of the State Police or of the State Information Service; or
ç) members or secretaries of another election commission.

Article 40/2

Requirements for being appointed a member and a secretary of the LGEC

Any person who meets the following requirements can be appointed a member and a secretary of an LGEC:
a) he or she has the right to be a voter;
b) he or she has completed higher education and, in the case of the secretary, when possible, has a degree in law;
c) he or she resides within the territory of the respective electoral zone; and
ç) he or she has not been convicted of a crime by a final court decision.

Article 41

Discharge and relief of duty of members and of the secretary of the LGEC

1. An LGEC member and a secretary are to be discharged from duty by a CEC decision when they:
a) violate the provisions of this Code or of secondary legislation enacted pursuant to this Code, concerning LGEC duties;
b) no longer meet the criteria for being voters;
c) no longer live in the electoral zone;
ç) are convicted by a final court decision of committing a crime or are arrested for committing a crime;
d) are absent without a reasonable cause for more than three consecutive LGEC meetings, or are not present without cause for more than two consecutive days during the election period;
dh) do not participate in the training or do not pass the tests organised by the CEC.
2. The members and the secretary of the LGEC also are relieved of duty by a CEC decision when:
a) they have close in-law or family relations to the fourth degree with any of the candidates running in that zone;
b) they have employment relations with any of the candidates running in that zone; or
c) the electoral subject that has proposed them requests their replacement.

Article 42

Duties of the LGEC

An LGEC is responsible for conducting elections for the local government bodies within its respective local government unit and performs these duties:
1. It is responsible for administrating the elections in the local government unit in accordance with the provisions of this Code and the secondary legislation issued by the CEC.
2. It appoints the chairperson, deputy chairperson, members and the secretary of the VCCs in conformity with this Code.
3. It verifies the documentation of the candidates.
4. It registers in the Records Book of Meetings, and when appropriate, verifies the information and claims of the electoral subjects of the electoral unit.
5. It posts in a visible place the final voter lists, the decree setting the election date and other data related to the conduct of elections in the local government unit.
6. It administers the budget allocated by the CEC for elections in the local government unit.
7. It ensures the timely distribution of voting materials.
8. It receives the voting materials and ballot boxes submitted by the VCCs.
9. It prepares the tabulation of election results in the local government unit and submits it together with other necessary materials to the CEC, in accordance with article 109/7 of this Code.
10. It declares, according to definitions of article 109/7 of this Code, the result of the elections in the local government unit related to the winning candidate for mayor of the municipality or commune and to members of the municipal or communal council.

Article 43

The duties of the secretary of the LGEC

The secretary of the LGEC performs these duties:
a) he is responsible for the technical administration and the working conditions of the LGEC;
b) he keeps a register of the requests, complaints and notices submitted to the LGEC;
c) he retains the archived election documentation;
ç) he prepares, in accordance with the chairperson’s instructions, the materials for the LGEC meeting and distributes them to the members;
d) he keeps the minutes of the LGEC meetings;
dh) he transcribes the decisions made by the LGEC and stamps them;
e) he registers the decisions of the LGEC in the Records Book of Meetings and forwards them immediately to the interested parties;
ë) he gives certified copies of the LGEC decisions and of minutes of its meetings to the electoral subjects or to third persons, free of charge and within 24 hours of the submission of their request;
f) he records in the Records Book of Meetings receipt of the election materials by the CEC in accordance with article 93 of this Code, and is responsible for administering and retaining them in conformity with the requirements of this Code;
g) upon a request from voters, he issues certification whether a voter’s name is or is not to be found on the final voter lists of the respective local government unit;
gj) he records in the register the remarks that observers submit to the commission.

Article 44

Meetings and Decisions of the LGEC

1. The meetings of an LGEC are public.
2. The meetings of an LGEC are valid when more than half of all the LGEC members entitled to vote participate. Decisions of an LGEC are made by a majority vote of all the LGEC members. The secretary does not have the right to vote.
3. The decisions of the LGEC shall be signed by all the members that took part in the voting. Beside his signature, each of the members of the commission declares his vote for or against and his respective explanation. 4. The vote of the members who have a conflict of interest as provided by article 41, section 2, of this Code, and who have not been relieved of duty in compliance with that article, is invalid and is not taken into account in determining a quorum.
5. If the LGEC fails to reach a decision within the respective time limit, the case is to be sent within 24 hours for examination at the CEC by the chairperson or by at least two members of the LGEC, or it may be appealed to the CEC by an interested electoral subject. The CEC decision is to be applied by the LGEC. If the case has been sent by the chairperson of the LGEC or at least by two members of the LGEC, the CEC is to decide in conformity with article 30, sections 5 and 6, of this Code. If the appeal is submitted by an interested subject, the CEC is to decide in conformity with the provisions of chapter one in part twelve of this Code.

Article 45

Composition of the VCC

1. For parliamentary elections, the VCC is composed in accordance with the manner and the criteria provided by article 34 of this Code. For local government elections, the VCC is composed in accordance with the manner and criteria provided by article 40 of this Code.
2. The members and the secretary of the VCC are appointed only for the period of the elections. Proposals for the members and the secretary of the VCC are to be submitted no later than 35 days prior to the election date. The ZEC or, as appropriate, the LGEC appoints the VCC members no later than 5 days after the submission of the proposals, when it finds that the proposal is in compliance with the requirements of articles 45/1 and 45/2 of this Code. In any case, the appointment of the members is to be performed no later than 10 days prior to the election date.
3. In case of partial or early elections, the VCC is to be established no later than 15 days after the issuing of the decree by the President determining the election date.
4. When the seat of a member or of the secretary of the VCC is vacant, it is to be filled within 3 days, but not later than 24 hours, prior to the opening of the voting process. The replacement of a member leaving on election day is to be completed no later than 2 hours from the notification of departure.
5. As a rule, the replacement of the members and ofthe secretary of the VCC is done with persons who have been trained in election legislation.

Article 45/1

Incompatibilities with the office of the member and of the secretary of the VCC

A member and a secretary of the VCC may not be:
a) deputies or candidates for deputy to the Assembly;
b) candidates or elected persons in elected local government bodies;
c) military personnel, members of the State Police or of the State Information Service structures; or
ç) members or secretaries of another election commission.

Article 45/2

Requirements for being appointed a member and a secretary of the VCC

Any person who meets the following requirements can be appointed a member and a secretary of a VCC:
a) he or she has the right to be a voter;
b) he or she has, as a rule, completed secondary or higher education;
c) he or she resides within the territory of the respective electoral zone;
ç) he or she has not been convicted of committing a crime by a final court decision.

Article 45/3

Discharge and relief of duty of members and of the secretary of the VCC

1. A VCC member and a secretary are to be discharged from duty by a ZEC or, as appropriate, an LGEC decision when they:
a) violate the provisions of this Code or of secondary legislation enacted pursuant to this Code, concerning VCC duties;
b) no longer meet the criteria for being voter;
c) no longer live in the electoral zone;
ç) are convicted by a final court decision of committing a crime or are arrested for committing a crime;
d) are absent for more than 2 consecutive days without a reasonable cause; or
dh) do not participate in the training or do not pass the tests organised by the CEC.
2. The members and the secretary of a VCC also are relieved of duty by a decision of the ZEC, or as appropriate LGEC, when:
a) they have close in-law or family relations up to the second degree with any of the candidates running in that zone;
b) they have employment relations with any of the candidates running in that zone; or
c) the electoral subject that has proposed them requests their replacement.

Article 46

Duties of the VCC

1. VCCs are set up and function for every kind of election.
2. Members of the VCC are responsible for the conduct of the elections in the voting centre, while performing the duties prescribed in this Code and secondary legislation enacted on the basis of and for the application of this Code.?

Article 47

The duties of the secretary of the VCC

The secretary of the VCC performs these duties:
a) he is responsible for the technical administration and working conditions of the VCC;
b) he keeps a register of the requests, complaints and notices submitted to the VCC;
c) he retains the archived election documentation;
ç) he prepares, in accordance with the chairperson’s instructions, the materials for the VCC meeting and distributes them to the members;
d) he keeps the minutes of the VCC meetings;
dh) he transcribes the decisions of the VCC and stamps them;
e) he registers the decisions of the VCC in the Records Book of Meetings and forwards them immediately to the interested parties;
ë) he gives certified copies of the VCC decisions and of minutes of its meetings to the electoral subjects or to third persons, free of charge and within 24 hours of the submission of their request;
f) he records in the register receipt of election materials, according to article 93/1 of this Code, from the ZEC or, as appropriate, LGEC and is responsible for administering and retaining them in conformity with the requirements of this Code;
g) he records in the register the remarks that observers submit to the commission;
gj) he is responsible for enclosing the election materials in the Voting Materials Box and for sealing the box with seals with security codes.

Article 48

Meetings and Decisions of the VCC

1. The meetings of a VCC are public.
2. The meetings of a VCC are valid when more than half of all the VCC members participate. Decisions of a VCC are made by a majority vote of all the VCC members. The secretary does not have the right to vote.
3. The decisions of the VCC shall be signed by all the members that took part in the voting. Beside his signature, each of the members of the commission declares his vote for or against and his respective explanation. 4. The VCC makes decisions on:
a) the opening of the voting centre;
b) the suspension of the voting;
c) the request of assistance from the State Police to restore order at the voting centre;
ç) the removal of the police force after the order has been restored at the voting centre;
d) the removal of certain persons from the premises of the voting centre, according to article 105 of this Code;
dh) the closing of the voting process.
5. If the VCC fails to reach a decision within the respective time limit, the case is sent immediately for examination to the ZEC or, as appropriate, to the LGEC, by the chairperson or by two members of the VCC, or it may be appealed to the ZEC or, as appropriate, to the LGEC by an interested subject. The decision of the ZEC or, as appropriate, the LGEC is to be implemented by the VCC.

Article 49

The Composition and Responsibilities of Special VCCs

In accordance with this Code and the instructions of the CEC, a ZEC or, as appropriate, an LGEC may create special VCCs in special institutions. These commissions have the same composition and the same responsibilities as a VCC.

Article 50

Registration of voters on Voter Lists

1. A voter list is to be compiled for each polling unit. The voter list contains all the voters who are residents in the respective local government polling unit based on the data available in the fundamental registers of citizens as well as in the temporary register of citizens unregistered in the fundamental register of the civil registry offices of their residence, compiled in compliance with the requirements of the article 15, section 6, of Law no. 9296, dated 21 October 2004, "On the verification, identification and registration of citizens by local government units", as well voters according to articles 63, 64 and 64/1 of this Code.
2. A voter is to be registered only on one voter list. Inclusion on the voter list due to a name being found in the temporary register of citizens not registered in the fundamental register of the civil registry offices of their place of residence or as a voter according to articles 63, 64, 64/1 of this Code causes the removal of the voters from the voter list compiled based on the fundamental register of citizens.

Article 51

The content of the voter list

1. A voter list shall indicate the local government unit that has compiled and approved the voter list, the number or name of the election unit, the type and date of the elections or referenda, as well as the number of the voting centre.
2. The voter list shall indicate for each voter: the ordinal number on the voter list of the respective voting centre, the numeric election address, the name, the patronymic, the surname, and the date of birth,. The voter list is ordered of according to the surname.

Article 52

The body that compiles and approves the lists

1. Voter Lists are compiled and approved by the mayor of the respective local government unit.
2. The mayor of the local government unit is responsible for the compilation and the accuracy of the data on the lists, and signs these in compliance with the provisions of this Code and the secondary legislation based on it and for its implementation.
3. Changes to the voter lists are made only on the approval of the mayor of the respective local government unit.

Article 53

The electoral elements of the fundamental register of citizens and their administration

1. The name, patronymic, surname, date of birth, Albanian citizenship, and the polling unit number form the electoral elements in the fundamental register. The administration systems of the fundamental register shall automatically update the electoral elements each time the elements in the fundamental register change and extract them from the database at any time.
2. The temporary register of citizens not registered in the fundamental register of the civil registry office of their residence, according to article 15, section 6, of Law no. 9296, dated 21 October 2004, "On the verification, identification and registration of citizens by local government units", has the same electoral elements as the fundamental register.
3. The Minister of Local Government and Decentralisation is to issue secondary legislation regarding the administration and updating of electoral elements in the fundamental register of citizens and the temporary register of citizens.

Article 54

Abrogated

Article 55

The Compilation of Preliminary Voter Lists

The preliminary voter list is compiled as follows:

1. The General Directorate of the Civil Registry at the Ministry of Local Government and Decentralisation, no later than nine months prior to the end of the mandate of the organs for which the elections are being held, is to send the updated voter lists, according to the polling units included in the respective local government units, extracted from the National Civil Registry, to the mayors of the local government units.
2. Within 2 months after the reception of the list, the civil registry offices, under the authority of the mayor of the local government unit and applying the instructions of the Minister of Local Government and Decentralisation, based on the fundamental registers of the civil registry offices of the respective local government unit, update the list as follows:
a) they register all citizens who have reached the age of 18 after the date of the last elections, including those who are to reach the age of 18 by the last possible date for the election;
b) they list and delete the names of the voters who are no longer found in the fundamental register of the Civil Registry Office because they have died or given up their Albanian citizenship since the previous elections;
c) they check the data for the other voters, making necessary corrections.
3. Within 30 days of the updating of the lists, according to section 2 of this article, the mayor of the local government unit allocates the voters to the polling units of the prior elections and assigns them the respective voting centre number. The mayor of the local government unit specifies the exact location and the full address of the voting centres, prepares the map of the local government unit on which the polling unit boundaries are marked and makes it public in places of free access within the local government unit. The mayor of the respective local government unit retains unchanged the existing location and the address of the voting centres, except for cases when this is impossible. He may not change the location of the voting centre during the last 10 days before the election day, except for in cases of force majeure.
4. The preliminary voter lists are to be made public by the mayor of the local government unit at the premises of the respective unit and each voting centre, placing them in public areas where citizens have free access not later than six months prior to the end of the mandate of the organ for which the elections are being held. A copy of these lists is sent to the respective civil registry offices, which update for each voter the number of the polling unit in the fundamental civil registry. Another electronic copy is sent to the General Directorate of the Civil Registry. This copy also shall include a note which states the source for all names included from the temporary register of citizens unregistered in the fundamental civil registry of their residence.

Article 56

Written Notification of Voters

1. Within 30 days from the publication of the preliminary voter lists, the mayor of the local government unit notifies in writing every voter included on the preliminary lists of the respective local government unit voting centres.
2. The written notification contains the voting centre, its location and address, as well as the voter’s ordinal number on the voter list of his voting centre.
3. The mayor of the local government unit assigns the responsibility for completing the notification to neighbourhood administrators or to the heads of the villages that are located in the respective local government unit, and, when necessary, to other local government unit officials.
4. The persons assigned to notify voters are to deliver the notification to the voter in person or, in the absence of the voter, to an adult member of his family who is present at the voter’s home, who is to sign to certify that he has received the written notification.

Article 57

Causes for changes on the preliminary lists

1. The preliminary lists are to be changed when a voter:

a) dies;
b) has lost the right to vote;
c) is registered on more than one list;
ç) has transferred his civil registry, or has submitted a request to transfer it according to Law no. 9296, dated 21 October 2004 "On the verification, identification and registration of citizens by local government units" ;
d) proves that his personal data are not accurate;
dh) is registered in the wrong voting centre;
e) is not on the preliminary list of any voting centre;
ë) does not meet the age criteria to be a voter on election day; or
f) does not meet the citizenship criteria.

2. The preliminary list also is to be changed for causes and procedures provided in articles 63, 64 and 64/1 of this Code.

Article 58

The Procedure for the Revision and Changes to the Preliminary Lists

1. With the exception of requests for changes to the preliminary voter list that come from the General Directorate of the Civil Registry, requests for changes to the Preliminary Voter List may not be submitted later than 4 months prior to the termination of the mandate.
2. A request for changes to the Preliminary Voter List is to be made by the voter himself, or in his absence, by a member of his family stock, except cases provided by sections 1/a, 1/b of article 57 of this Code, in which case the request may be submitted by any third person. In the case of subsections (ç), , (ë), and (f) of article 57 of this Code, the change to the preliminary voter list also may be made by the mayor of the local government on his own initiative, based on information received from the civil registry office.
3. A request for changes to the Preliminary List is to be submitted in writing to the mayor of the local government unit and is to contain:
a) the full name and address of the requesting subject;
b) the reason for requesting the changes to the list; and
c) the documents that prove the cause for which the change is being requested.
4. The mayor of the local government unit is to decide on the request within 5 days of its submission. The decision is to be drafted in fewer than three copies, of which one is to be sent to the requester no later than 3 days from date the decision is made, one is to be sent to the General Directorate of the Civil Registry at the Ministry of Local Government and Decentralisation at the end of the revision process, and the third copy is to be kept by the decision-making body.
5. The requester can file an appeal against the decision of the mayor of the municipality, commune or local government unit, as well as in cases when he does not receive a decision, at the district court covering that local government unit no later than 5 days after receiving a notification of the decision or after the expiry of the time limit for reaching a decision.
6. The Court is to examine the case and reach a decision within 5 days from the submission of the claim. If the plaintiff or his legal representative is not present during the court proceedings, the court closes the case. If the defendant does not appear before court, then the case proceeds in absentia. The court shall notify the absent party of the decision in conformity with the respective provisions of the Code of Civil Procedure within 24 hours from date the decision is announced. The mayor of the respective local government unit is obliged to enforce the decision of the district court within 5 days of receiving the notification, without any need for the plaintiff to request the issuance of an enforcement order. In any case, the court shall make available to the parties its reasoned written decision on the same day the decision is announced.

Article 58/1

Changes to the Preliminary List on the request of the General Directorate of the Civil Registry

Changes to the Preliminary List according to article 57 of this Code are made on the request of the General Directorate of the Civil Registry when:
a) based on the verification conducted by the General Directorate of the Civil Registry it is determined that the same voters are included both on the voter list based on the temporary register and on the voter list based on the fundamental register of citizens. In this case, no later than 35 days prior to the election date, the General Directorate of the Civil Registry requires the mayor of the local government unit where the voter is recorded in the fundamental register to delete him from the voter list;
b) voters are included on the voter lists of special institutions and, in compliance with article 63 of this Code, their deletion from the voter list of their residence has been requested;
c) voters are included on the voter lists of the barracks of the armed forces and police forces and, in compliance with article 64 of this Code, their deletion from the voter list of their residence has been requested;
ç) voters are included on the voter lists as students and, in compliance with article 64/1 of this Code, their deletion from the voter list of their residence has been requested.

Article 59

Preparation of the final voter list

1. After reflecting the administrative and court decisions concerning changes to the preliminary list, as well as deleting from the preliminary list the persons who are deceased, those who are not 18 on election day and persons who have relinquished Albanian citizenship, the mayor of the local government unit approves the final voter list for each voting centre.
2. The printed Final Voter List is to be sent no later than 25 days prior before election day to the ZEC, or as appropriate, to the LGEC in three formats, as follows:
a) a voter list divided according to voting centre to be posted for each centre in a public place with free access, no later than 20 days prior to election day. Another copy of this list is to be sent to the General Directorate of the Civil Registry at the Ministry of Local Government and Decentralisation. No later than 30 days after the completion of the voting process, the General Directorate of the Civil Registry is to send a printed copy of all the voter lists to the State Central Archive for storing;
b) a voter list divided according to voting centres, which is to be delivered to the respective VCC together with other voting materials from the ZEC or, as appropriate, from the LGEC, to be used by the latter on election day. This format also contains a place for the voter’s signature as well as a place for the serial number of his identity document;
c) a voter list on the level of the electoral zone or, as appropriate, local government unit, listed by the alphabetical order of the voters’ surname. This format is to be retained by the ZEC or, as appropriate, the LGEC, and is to be used for informing the voter. In the case of the local government elections for the municipality of Tirana, the mayors of the municipal boroughs also send a copy of the list on a municipal unit level to the LGEC of Tirana Municipality.

Article 60

Changes to the list after the posting of the final list

1. When a voter finds out that he has not been registered on the final voter list of the polling unit of his residence, he has the right to submit a request to the respective district court until 24 hours before the election date.
2. The district courts review and decide on requests according to section 1 of this article on the last day before the election date as well as on the election date, but not later 6 hours before the closing of the voting process. The decision approving the request includes the permission of the requester to vote in the respective elections as well as the number of the voting centre where the voter who presented the request is allowed to vote.
3. The name of the voter who comes to vote with a court decision is written by the voting centre commission in a special register, to which the court decision and a personal certificate with a photo of the voter, issued by the civil registry office, are to be attached.

Article 60/1

Partial or early elections

1. In the case of partial or early elections, the General Directorate of the Civil Registry sends the voter lists to the civil registry offices for updating, according to the definitions of article 55 of this Code, no later than 5 days from the issuance of the decree setting the election date. In prisons and pre-trial detention centres, barracks of the armed forces and public order forces, as well as in educational institutions, voter lists are compiled and sent to the mayors of the respective local government unit within 10 days of the issuance of the decree setting the election date.
2. The civil registry offices are to complete the updating of the voter list within 10 days of receiving them. Within 24 hours after the conclusion of the updating, the mayors of the local government units approve and make public the final voter lists in accordance with article 59 of this Code.
3. The written notification of the voters provided by article 56 of this Code is to be organised and conducted after the publication of the final voter list, but not later than 10 days from the election date.
4. Changes to the final voter list are to be made in conformity with article 60 of this Code.

Article 61

Making voter lists available to electoral subjects

1. Voter lists are to be made available by the mayor of the respective local government unit to electoral subjects upon their request and free of charge.
2. The electoral subjects registered with the CEC, upon their request and free of charge, may receive one copy of voter lists on a national scale from the National Directorate of the Civil Registry.
3. The voter lists are to be made available to the above electoral subjects no later than 3 days after the date of the submission of the request.
4. In case the electoral subjects request more than one copy of the voter lists, they are made available upon the payment of a fee. In this case, the payment for the voter list may cover only the administrative expenses necessary for their reproduction.

Article 62

Special voters

The members and secretaries of the voting centre commissions vote in the voting centre where they are commission members, whether or not their name appears on the voter list of that voting centre. When their name is not on the list, it is to be written in the special register that is kept according to article 60, section 3, of this Code.

Article 63

Special Institutions

1. Special institutions comprise separate polling units. The voting centre in these institutions is to be established even when they house 15 to 100 voters.
2. In prisons and places of pre-trial detention, for general elections and referenda, 40 days prior to the election date, the director of the institution prepares the voter list and delivers it to the mayor of the respective local government unit in whose territory the special institution is located.
3. In prisons and places of pre-trial detention, for local government elections and referenda, 40 days prior to the election date, the director of the institution prepares a list of voters who reside in the electoral unit where the institution is located and delivers it to the mayor of the respective local government unit.
4. The mayor of the local government unit, within 5 days of receiving the list according to section 2 or 3 of this article, includes the names of the voters in prisons and places of pre-trial detention on the voter list of his unit, and sends them to the General Directorate of Civil Registry, which within 5 days of receiving them, is to notify the respective local government units of the residence of these voters to delete their names from the voter list of their residence.
5. In hospitals and other healthcare institutions that accept patients for more than three days, the procedures provided in sections 2 and 3 of this article are completed 2 weeks prior to the election date.

Article 64

Voters in the Armed Forces and in the Police Forces

1. No later than four months before the end of the mandate of the Assembly, the Minister of Defense and other competent central institutions, at the request of the Minister of Local Government and Decentralization, order the commanding officers of the respective bases to prepare a list of voters who will be located at those bases in the period from 60 to 30 days from the end of the mandate of the Assembly. The commanding officers should specify the presence of the voters in the respective bases according to the Sundays included in the above period, as well as the local government unit where the voters reside. The list is to be sent no later than 15 days after receiving the order to the local government unit where the base is located.
2. The mayor of the local government unit includes these voters on the final list of the voting centre in the territory of which the base is located. The order of appearance on the list will be according to the general rules for the compilation of the voter list.
3. Within 5 days of receiving the list from the commanding officer of the respective base, the mayor of the local government unit is to send a copy of the list to General Directorate of the Civil Registry, which, no later than five days after receiving the list, requests that the respective local government units of the residence of these voters remove them from the voter list of their residence, in compliance with the time limits and procedures established by the CEC.

Article 64/1

Students

1. Students are entitled to vote in their place of their domicile. The request to be registered according to their domicile is to be submitted to the dean’s office of the faculty where the student is registered.
2. No later than 5 months prior to the end of the mandate for the Assembly, the Minister of Education and Science, upon the request of the Minister of Local Government and Decentralisation, requests that the rectors’ offices of the universities prepare the list of voters who want to vote according to their domicile and will be present during the period from 60 to 30 days from the date the mandate of the Assembly ends. No later than 5 days after receiving the request, the rectors are to notify the dean’s offices of the faculties under their jurisdiction, which in turn announce immediately the beginning of the procedures for registering on the list.
3. Within 30 days of receiving the notification, the dean is to submit the list of students who have applied to vote in their place of domicile to the respective rector's office. The list prepared by the dean's office is to include only students registered in the respective faculty. The deans shall specify the local government unit of the voters’ residence.
4. No later than 5 days after receiving it, the rector is to send the list to the mayor of the local government unit in the territory of which the university is located.
5. The mayor of the local government unit is to include these voters on the final voter list of voting centre designated for this case. The order of appearance on the list is according to the general rules for the compilation of voter lists.
6. Within 5 days of receiving the list from the rector of the respective university, the mayor of the local government unit is to send a copy of the list to the General Directorate of the Civil Registry, which, no later than 5 days from receiving the list, requests that the relevant local government units of these voters’ residence remove them from the voter lists of their residence, in accordance with procedures set by the CEC.

Article 64/2

Transitory provision for the 2005 Assembly elections

1. Within 15 days of conclusion of the process of the identification and registration of citizens by the local government units, based on Law no. 9296, dated 21 October 2004 "On the verification, identification and registration of citizens by the local government units", the civil registry offices are to send the updated voter lists to the mayors of the respective local governm