Can Election Results End in Constitutional Court

The Central Election Commission (KQZ) has confirmed that all votes have already been counted and has warned of the final outcome Thursday, November 7th.

But this election result, expected to be announced on 7 October, is being warned that it will be rejected by the Social Democrat Initiative coalition, the New Kosovo Alliance and the Justice Party.

This coalition has remained for several votes outside involvement in the future composition of the Kosovo Assembly. The minimum threshold to ensure seating in the Assembly is 5 per cent, which this coalition claims has passed but doubts there are irregularities during the count, so it aims to turn the process into recounting all votes.

New Kosovo Alliance Secretary General Vesel Makolli told Radio Free Europe that they would file complaints in the highest instance, even referring to the Constitutional Court of Kosovo.

“has become complaints and will be again. Coalition leader Fatmir Limaj has made it clear that we will go to the highest instance. There are two complaints of ours, it's the total recounting of votes, and the next complaint is about votes that have come from Serbia, which are unleg. We're in a bad situation. We're almost there. If the votes coming from Serbia come into the system we stay outside of the Assembly, and if those votes are cancelled, we pass the item”, Makolli told Radio Free Europe.

Election co-ordinator Amend Muja, in a proposal for Radio Free Europe, says that votes from Serbia in which the Social Democrat Initiative, the New Kosovo Alliance and the Justice Party are called, present a battle for political ravages.

“we have two data. The first data was what were the preliminary votes and votes that came from Serbia, then the conditional votes and votes from the diaspora. What we know was that in the preliminary votes the Social Democrat Initiative coalition, the New Kosovo Alliance and the Justice Party were under the threshold. Then, in the course of time it turns out that this coalition must have fallen further as a result of votes from Serbia and the conditional vote and votes from the diaspora”, Muja says.

“In reality, I think there is a political element of Serbia's discussion and the suspicion that they may be manipulated, but it has had to be highlighted from the start, within the legal deadline and the second is a battle for a political narration that we are under the threshold because of Serbia” votes, Muja says.

On Tuesday around midnight, the entire ballot counting process has been completed.

The Law on General Elections allows the possibility to file a complaint within 24 hours on the Election Panel for Anxiety and Parashtre (PZAP) concerning counting management at the Counting Centre and Results (QNR).

CEC spokesman Valmir Elezi told Radio Free Europe that the CEC is obliged to respect this legal deadline.

As we have informed you, the CEC will communicate with relevant institutions to receive confirmation that there is no issue in the investigation and then can announce the final results of these elections. If there are no complaints within this deadline, the Central Election Commission will announce the final results during Thursday (November 7th) day”, Elesi said.

Proceeds of complaints after announcing final result

After the final result was announced, Valmir Elezi says political subjects and candidates have a 24-hour deadline to file their complaints at the Election Panel for Ances and Parashtesa, which later has 72 hours to decide on any eventual complaint.

If PZAP rejects any complaints, then the side may complain within 24 hours at the Supreme Court, which also has 72 hours to decide on eventual complaints.

“The CEC has to wait for the decisions of these institutions, look at the content and what the CEC is obliged to act in order to proceed towards the Certificate of final results. After the certificate, the CEC formally announces the president of Kosovo regarding the outcome of these elections”, Elesi says.

Early parliamentary elections in Kosovo are held on 6 October. The Vetevendosje Movement has won mostly votes, followed by the Democratic League of Kosovo.

These parties are holding meetings for formation of the new government, following the Certificate of election results by the Central Election Commission.

Based on reports by local and international observers, the process went smoothly and was in line with democratic standards.