The EU is alarmed by CEC's decision on voting booths jeopardising constitutional right to voter secrecy

With the CEC's new decision, open voting booths will be turned back from the share of commissioners, observers, cameras and media.

This practice for the first time has been implemented in practice, on April 21st, in the voting process for the removal of four northern mayors.

The images provided by this voting process by “Radio Free Europe” show how these booths will look in practice.

Over the past 24 years, the deployment of voting booths has been different.

The CEC's decision to change the cabin portation has prompted numerous reactions.

The European Union and civil society have expressed concern with the new cabin position.

The chief of the EU Office in Pristina, Thomas Szunyog, has asked the CEC to reconsider that decision.

Through a letter sent to the CEC, which the Nacional newspaper published, the European diplomat has estimated that positioning the voting booths does not fully preserve voter privacy and secrecy.

“Concerns for Privateity and Security: The camera was installed in all polling stations, raising questions about their location and about the potential of capture voters' elections. The positioning of voting booths often did not fully preserve voter privacy and secrecy, some booths were being monitored by cameras. The appropriate locations of the polling cameras and booths should be adjusted so that even if the cameras are installed, they cannot monitor voters by filling out their ballots. The environment as described in CEC guidelines presents a challenge to voter secrecy and could affect voter confidence in the process”, said in Szunyog's letter, which he sent to the CEC on 21 May.

Democracy in Action, the network of government organisations monitoring elections in Kosovo, has expressed similar concerns.

DnV Secretariat, on June 12th, has met with CEC chairman Kreshnik Radoniqi, who has asked the CEC to rethink the way the voting booths are placed within the polling site.

“The meeting comes after the official letter DnV had directed last week to all members of the CEC. On paper, DnV has voiced concerns about the exposure of voting booths to camera surveillance and participants during the election process, which was held 21 April in northern municipalities. This phenomenon has not been present in any of the election processes in Kosovo. DNV believes and recommends that each voter should be guaranteed privacy and privacy I vote. DnV hopes recommendations and concerns raised will be taken into consideration to improve the integrity of election processes in the future

”, said in DnV's announcement.

The new practice of the CEC risks falling against the Kosovo Constitution.

Article 45 of the Kosovo Constitution clearly defines this issue.

“Veta is personal, equal, free and hidden”, said at Article 2 of the Constitution 45.

CEC Reasoning

Despite the criticism, the CEC has tried to reason on its action.

The institution in question has estimated that the new decision is aimed at unable to photograph the vote.

The CEC has denied that the new cabin position violates the secret of the vote.

“The CEC, after the election processes, analyses all aspects and makes efforts to improve them in future processes. In this direction there is a change in the positioning of voting booths that came as a recommendation in the past year, 2023, during the time of the election process simulation. The CEC has decided to take this recommendation into account and practice it in the following processes. During the review, the CEC has estimated that this way would be unable to photograph voters and also does not violate the secret of the vote.”, has praised the CEC in its clarification of April 21st.

So far, the CEC has ignored the concerns of the EU and civil society.

At the last meeting held on 21 June, the CEC has approved the format of voting booths. According to the CEC decision, a voting booth will be from strong paper and will be placed on the table.

At this meeting, member The PDK in the CEC, Arian Elshani, who heads the Council for Election Operations, has not clarified whether to restore the position of voting booths as it has been so far.

“The issue will be discussed when the training manual is addressed will also address the very orientation of the voting booths. But both the comments and the recommendations given should be taken into account the circumstances and spaces in which the voting process has been held. Thus, it has not been easy, perhaps it has not been well transmitted, understandable, by commissioners themselves committed to orientation of the voting booths, but what is likely in the voting process will not happen in the polls when we have time to prepare and be all manuals prepared in time for the training of commissioners on how to place the voting booths. The principle of voter secrecy will be respected” said Elshani.

And the VV member in the CEC, Sami Kurteshi, has demanded that the CEC organise a meeting with civil society and all those with reservations for the location of cameras and the position of voting booths to clarify all the dilemmas they have.

“It may be good to have an hour, quite practical, with all those with reservations regarding the location of cameras and the position of polling booths.” said Kurteshi.

Last Friday, the CEC has decided on the removal of unseen scuttling, which was placed on the voter's index finger, replacing the matriculative one of the Marx type.