Niazi Jaho. The well known electoral legislation researcher, in this interview for ADN stresses the importance of accurate voters' lists and easy access to basic information, as the elections' day approaches

Although the first voters' lists were made public in January this year, partial data show that the number of voters who demonstrate an interest to become familiar with these lists is relatively low. According to expert Niazi Jaho the reasons may vary a lot, starting from lack of sensitization of voters to spur their interest, to the "classic" Albanian tradition of leaving important errands for the last day. But on the other hand, "the Electoral Code envisages that the voter is notified in writing in his residence as to what voting center he/she will be voting", says Jaho, adding that the heads of local government units are tasked with this responsibility, which is not optional, but compulsory. "According to the Electoral Code, the written notification of voters in their residences should have been completed by now", says Jaho.

-Mr. Jaho, why do you consider voter lists a basis for voting?

-I do because voter lists are main documents or the official documents on the basis of which the voter exercises the right to vote. If the voter's name does not appear on the voter lists, then that voter may not vote. The exception is when the voter obtains a judicial decision and votes without being registered in the voter lists.

-The June 18, 2017 elections are approaching. In the beginning of January this year, the first voter lists were made public. According to partial data, it appears that the number of voters who demonstrate an interest to become familiar with these lists is relatively low. The same has been noticed also during February. How can you explain that?

-The reasons may vary a lot. I think that the lack of sensitization of voters to encourage and spur their interest to become familiar with these lists is almost negligible. There is no information in the broadcast or print media on this issue. There is no finding on whether these lists were published within the deadlines established by law and posted in places that are easily accessible by voters. There is nothing being said about whether there are voters who, after becoming familiar with these lists, have not found their name and have asked that relevant changes be made to the voter lists.

Besides, a not-so-small number of voters do not go to become familiar with the voter lists convinced that there is no reason for them not to be included because they have registered with the relevant civil registry offices and have voted in past elections. We cannot exclude cases of indifferentism that comes from people's troubles, personal and family preoccupations, economic difficulties, etc.

-May be the voter lists based on the civil register are complete and accurate and there is no need for voters to become familiar with them. What do you think about that?

-The word "maybe" itself has elements of suppositions. If we refer to practice, it emerges that at no time (for different reasons) have they been complete or accurate, therefore the need arises for voters to become familiar with them. This is why the lawmaker has envisaged in the Electoral Code that they are published several times and after that, the final voter lists are published.

-With regard to this issue, do you also have in mind that there may be cases when civil registry office employees and heads of local government units, intentionally may not include in the list persons who are registered as inhabitants of certain units or intentionally include in them persons who are not on the civil registry books?

-Such cases may not be excluded and, when they are proven, those responsible face criminal sentences. In past elections, there have been cases of human errors in the drafting of voter lists, caused by negligence. For instance, the voter's name would be accurate but the last name would not be; a citizen turning 18 on election day was not included in the list, or the voter appeared in two voter lists, etc.

-May be there are voters who do not go to familiarize themselves with the published voter lists because they obtain their information through the internet website of the Ministry of Interior or the CEC?

-Naturally there are such cases too. However, I think that the majority of voters do not have that possibility, not only in rural areas but even in urban areas. Nevertheless, in spite of this, even those who might obtain the information through the internet website, if their name or the names of family members are missing, they will need to turn to the relevant civil registry offices for the correction of the list.

-It is the duty of the CEC to take care of electoral education of citizens. If yes, should its programs include the articles that talk about the publication of voter lists, opportunities for their correction, etc.?

-Article 21 of the Electoral Code, which specifies the competences of the CEC (envisaging a total of 26 competences), says in item 9 that: "…the CEC takes measures and organizes also programs for the electoral education of citizens." As far as I can recall, I do not think the CEC conducted any programs for voters, after the publication of voter lists, to become familiar with them and, when necessary, to turn to the civil registry offices or to the court for their correction. For instance, until March 6, 2017, the voter lists have been published three times with the relevant changes, but we have not heard of any part of programs that envisages electoral education of citizens regarding Electoral Code provisions that have to do with voter lists. Before elections, the CEC uses TV spots to make known to voters how to act on voting day.

In explaining this issue, I have in mind the very large workload of the CEC, its great responsibility, the numerous competences it has to train commissioners, etc. It is my opinion that in the June 18 elections, the CEC will be very much engaged also due to the fact that the additions or amendments to the Electoral Code have not been approved yet, that the CEC will have to verify thousands of forms for the purity of the candidates.

-The Electoral Code envisages that the voter is notified in writing in his residence as to what voting center he/she will be voting. Is this legal requirement enforced?

-Yes, it is true. The Electoral Code does envisage that. The heads of local government units are tasked with this responsibility. Carrying out this duty is not optional, but compulsory. It is regrettable that this problem is underestimated. There is information that the same is happening in these elections as well. The delayed notification of voters has no effect. Partial notification is unlawful. According to the Electoral Code, the written notification of voters in their residences should have been completed by now.

It is true that the voter himself/herself should find out whether he/she is on the list. But the lawmaker has also intended for notification to be conducted in the residences in order to sensitize voters so as participation in the elections is as large as possible. This would prevent the cases when the voter would go to vote but his/her name in not on the list.

-What should the citizen who does not find his/her name on the list do?

-The voter should address in writing the civil registry office where his residence is (where he/she is registered) and request the correction of the list. If the request is refused, he/she has the right to file a complaint in court.

-Until what time may he/she address the civil registry office?

-Until the final voter list is published. The final voter list should be published no later than May 14, 2017.

-And if the voter's name is not on the list even after the publication of the final voter lists, what right does the voter have?

-In such a case, he/she should address the court until 24 hours before voting day and the court has the right to review the request even during voting day but no later than 6 hours before the time the polls close.

If the court accepts the request, the voter goes to the voting center, presents the court ruling and votes although he/she is not on the voter lists.

Based on the above clarifications, one may reach the conclusion that if the Electoral Code provisions are enforced and if the voter is interested in exercising his/her right to vote, he/she has all the possibilities for the list to be corrected even when the voter, for different reasons, is not included in the list.

-What if the voter changes his/her place of residence after the publication of the final voter list?

-If the voter, in such circumstances, changes his/her place of residence, the list may not change and the voter will have to vote in the voting center where his/her name is registered in the approved list. If he presents a request in court, his request is rejected.

-Can we obtain information on how many voters have requested changes to the published voter list to date?

-This information may be obtained from the General Directory of the Civil Registry and the CEC if they have information on this issue as well as directly from the local government offices anywhere in the country.

-If such information were to indicate that there have been no such requests to date, what were we to say?

If that happened, I would not exclude the possibility of information not being accurate. I say that also because of the fact that even if the voter lists were better compared to those of previous elections, they would hardly be perfect. If there were such information, it would mean that the voters did not become familiar with the published lists. I think this would be disturbing and we would have to assess the situation and intensify voter sensitization in different ways and, secondly, the Electoral Code provision requiring written notification of the voter in his/her place of residence should be implemented.