The Central Election Commission (Albanian: Komisioni Qendror i Zgjedhjeve), commonly abbreviated in Albanian as KQZ, is a permanent, independent, non-partisan statutory agency responsible for conducting parliamentary and local elections in the Republic of Albania. It is regulated by and beholden to the Electoral Code.
The commission is made up of 4 separate bodies: the Commissioner, the Vice-Commissioner, the Regulatory Commission, and the Commission for Complaints and Sanctions (KAS).
Responsibilities and objectives
The KQZ's primary objective is to ensure the uniform application of the electoral code. The commissioner and Regulatory Commission overlook the functioning of the local electoral commissions (KZAZ) in line with the electoral code.[2]
The KQZ handles the operation of general and local elections as well as referendums. It additionally regulates the conduct of political parties (electoral subjects), the government, and media organizations.[2]
Organization
State Commissioner of Elections
The State Commissioner of Elections, commonly referred to as simply the Commissioner, directs the civil service of the commission, represents the commission with third parties, and monitors the actions of electoral subjects, the government, and media organizations.
The State Commissioner assumes any function of the KQZ not delegated to the other three bodies or the local commissions.
The commissioner is elected to a 7-year term by the Albanian Parliament with a three-fifths supermajority vote. Any Albanian citizen who used to be a senior civil servant, senior party functionary, or ex-director of an NGO involved with the operation of elections may be proposed for State Commissioner.
The role is incompatible with any party affiliation or conflicts of interest.
The responsibilities of the Commissioner include:
the day-to-day administration of the KQZ
monitoring the actions of all parties involved in the conduct of an election or referendum
holding and chairing meetings and sessions of the KAS and Regulatory Commission
appointing and dismissing members of the local electoral commissions
negotiating on behalf of the KQZ with third parties
ensuring the electoral code is being followed
organizing and conducting elections whenever called for in law
monitoring the finances of political parties and the funding for election campaigns
monitoring the actions of public institutions throughout the campaign period of an election
organizing the training and qualification process for the staff of the KQZ
informing the public on the actions of the KQZ
promulgating the mandates given to elected deputies (in general elections) and local councillors (in local elections)
administering the KQZ's budget, including formulating its annual budget proposal
reporting to Parliament on the actions of the Commission.[3]
Vice-State Commissioner of Elections
The Vice-Commissioner is elected for a 4-year term by the Albanian Parliament with the duty of monitoring and observing the implementation of the electronic identification technology used in elections, alongside all the duties prescribed to the State Commissioner.[3]
Regulatory Commission
The Regulatory Commission is composed of 5 members, one of which serves as the Chair of the Commission. They are elected for 5-year terms by the Albanian Parliament in the same process as the Commissioner.
The members of the Regulatory Commission have the same requirements as the State Commissioner. They are required to have legislative experience.
The Commission passes normative acts on:
the rules for the conduct of the election or referendum, including the duties of the different electoral bodies
the rules and advice for improving electoral practices
the rules for reporting on the conduct of public institutions related to elections, as well as the rules on preventing abuse and enforcing decisions of the KQZ
the methodology used for monitoring the conduct of the media, as well as the procedure for disciplinary actions against news organizations
the technical specifications of the various systems employed during an election
the rules on the publishing of finances by electoral subjects
the rules on the procurement and use of election materials
the procedural rules for meetings/sessions of the Regulatory Commission and the KAS.
Additionally, the Commission passes normative acts prepared solely by the civil service of the KQZ, on:
the use of electronic devices to fulfil specific electoral procedures
the conduct of absentee voting from outside of Albania.
In most cases, for the Commission to ratify a decision, four members out of five must vote pro.[3]
Commission for Complaints and Sanctions
The Commission for Complaints and Sanctions (KAS) is a collegial body composed of 5 members elected for 9-year terms.
Any Albanian citizen who was formerly a judge, councillor for the Constitutional Court or the Supreme Court, a member of the KQZ, a senior civil servant, or a freelance jurist may be proposed to be a member of the KAS. Similarly to the Commission, the role is incompatible with any party affiliation or conflict of interest.
The competences of the KAS include:
declaring an election in a specific voting center, electoral zone, or throughout the country to be invalid, as well as deciding to hold by-elections
considering complaints brought against the actions of the State Commissioner
considering complaints brought against the actions of a local election commission
upon the request of the Commissioner, establishing penalties against election officials in cases of suspected misconduct
upon the request of the Commissioner, establishing penalties against an individual or electoral subject (and/or the candidates thereof) in cases of suspected misconduct.
Decisions of the KAS are ratified by a simple majority (3 votes pro) in most cases. Declaring an election invalid or considering complaints against the State Commissioner or a local election commission requires 4 votes pro.[3]
