SECTION THREE
VOTING. SUMMARIZATION OF VOTING RESULTS
CHAPTER 11
ORGANIZATION OF THE VOTING
Article 47. The Venue and Time of the Voting
The voting
is held at the precinct centers from 8:00 a.m. until 8:00 p.m. However, citizens
that are in the voting rooms at 8:00 p.m. but have not voted yet, have the right
to vote.
For citizens, who are undergoing in-patient treatment
in medical institutions that provide in-patient treatment, as well as those
permanently living in nursing homes and people unable to visit their precinct
center on the voting day on their own, voting can be organized in the in-patient
medical institutions or in the nursing home.
At least 3 days before the voting day, by 14:00, the
head of institution mentioned in the second part of this Article submits to
the authorized agency or its appropriate regional division a list of citizens
undergoing in-patient treatment, who wish to vote and have voting rights; such
list contains the citizens’ last name, first name and patronymic (if mentioned
in the passport), date of birth (day, month and year) and registered address.
Based on the submitted lists, the head of the authorized
agency or its appropriate division removes the names of the citizens described
in the second part of this Article, who undergo in-patient treatment from voter
lists in their place of registration, in accordance with voter lists requirements
described in Article 11, prepare supplementary lists of voters who are going
to vote in in-patient medical institutions, sign and stamp each page of the
supplementary list, and provide the list, together with the final voter list
to the Chair of the appropriate Precinct Electoral Commission two days before
the voting day.
On the voting day, one member of the Precinct Electoral
Commission, decided by drawing a lot at the commission’s session, uses a mobile
ballot box to organize voting for citizens described in the second part of this
Article who have voting rights and are undergoing in-patient treatment in medical
institutions, within that precinct. During the voting, confidentiality of the
vote is preserved, in accordance with procedures defined by the Central Electoral
commission. Proxies, observers and representatives of the mass media may be
present at the voting that takes places in in-patient medical institutions.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 48. The Voting Rooms
1. The voting
is held in a room furnished for that purpose on the basis of one room per one
precinct.
2. The room
for voting shall be as spacious building as possible and meet the following
requirements:
1) During the
entire voting process, create conditions for orderly concurrent work for all
members of the Precinct Electoral Commission and all persons who have the right
to be present at the voting;
2) Enable all
the members of electoral commission, proxies, and observers to have within their
sight the voting booths, the ballot box, as well as the entrance and exit of
the voting booths, and the area between them and the ballot box;
3) Proxies, observers and representatives of the mass
media can videotape the process of summarizing the voting results without any
hindrance.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. The furnishing
of the room for voting ends at least 24 hours prior to the beginning of the
voting.
Article 49. Voting Booths
1. Voting booth
shall be furnished in a way, so that the citizens can fill in the ballots privately
from the persons present at the precinct center.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
2. A table
shall be installed in the voting booth with a pen on it. The voting booth shall
have sufficiently lighting.
3. At least one booth or room per 750 voters shall be
provided for voting.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
4. Voting booths
shall be situated in the area between the tables for handing out the ballots
and the ballot box.
5. Voting booths shall be placed at least one meter away
from each other. A special zone separated by restrictive tape, with one entrance
and one exit, shall be set up 2 meters away from the voting booth (or 1.5 meters,
if it is impossible to have 2 meters), if the voting booth is mounted on a wall.
It is prohibited to have more voters than the number of voting booths inside
that zone.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 50. Removed by LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 501. The Ballots
1. The form and the content of ballots are established
by the Central Electoral Commission.
2. If different elections are held concurrently, ballots
are prepared in a way to differ from each other.
3. Ballots contain the name of the printing house and
instructions on how to mark them. Ballots are made of non-transparent paper.
4. The ballots contain alphabetization of last name,
first name and patronymic of candidates, names of parties and party alliances;
on the right, blank squares are provided for marks.
5. If only one candidate is voted, words “for” and “against”
are written below the candidate’s last name, first name and patronymic, opposite
to blank squares envisaged for marks in front of each of the words on the right.
6. The Central Electoral Commission approves samples
of the ballots and ensures printing and preparation of ballots for elections
of the President, National Assembly to local self-government bodies.
7. Ballots are issued not earlier than nine days and
no later than three days before the voting day.
8. Ballots are provided to Precinct Electoral Commissions
the day before the voting day, in amount of number of voters in the given precinct
plus up to three percent.
9. In case if registration of a candidate or a party
(party alliance) list is invalidated, or a party alliance is dissolved after
ballots are issued, name of that candidate, party or party alliance is removed
from ballots in accordance with procedures fixed by the Central Electoral Commission.
Amend. LR-24, 25.04.07,
NKR SB ¹ 13(54), 22.05.07
Article 502.
Stamps of Electoral Commissions and
Ballot Box
1. Samples of electoral commissions’ stamps are approved
by the Central Electoral Commission.
2. Electoral commissions’ stamps are prepared by order
of the Central Electoral Commission in accordance with the sample approved by
the Central Electoral Commission.
3. Stamps of Precinct Electoral Commissions bear a four-digit
number.
4. The Central Electoral Commission puts the stamps of
Precinct Electoral Commissions in non-transparent packaging, seals the packages
without marking them and distributes them among Territorial Electoral Commissions
no earlier than five days and no later than three days before the voting day,
in a way so that each Precinct Electoral Commission gets one package. The Central
Electoral Commission maintains records only of quantity of stamps provided.
5. Territorial Electoral Commissions stamp the packages
and distribute them to Chairs of Precinct Electoral Commissions the day before
the voting day, one for each precinct.
6. After completing the voting process, the results are
summarized at the results summarization session, precinct protocols are prepared
and approved, the appropriate packages of used ballots are sealed and stamped,
copies of protocols are posted in precinct centers, verified copies of protocol
duplicates are provided to proxies and observers (by their request) and Precinct
Electoral Commissions’ registers are approved, the stamps of Precinct Electoral
Commissions are returned to the Central Electoral Commission, in accordance
with procedures set by the Central Electoral Commission, where they are recorded,
packaged in special parcels and stamped, and an appropriate protocol is made.
In case of a second round of voting or new elections, Precinct Electoral Commissions
receive new stamps.
7. Ballot box is made of transparent material. The sample
(size) of the ballot box is approved by the Central Electoral Commission.
8. More than one ballot box may be used at a precinct
center, in accordance with procedures defined by the Central Electoral Commission.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 51. Preparation for Voting
1. The Precinct
Electoral Commissions are in charge of preparing the voting.
2. Packages with ballots and stamps are kept in a special
fire-proof safe box in the voting room.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3. The Chair
of the Precinct Electoral Commission shall ensure the implementation of the
requirements envisaged by this Code during the voting, and to establish a good
order at the precinct center.
4. Tables for
registration of voters, handing out ballot to voters, sealing the ballots, and
for the conduct of oversight on the ballot, shall be installed at precinct centers.
5. The ballot
box is installed in a place visible for the persons authorized to be present
at the precinct.
6. The Precinct
Electoral Commission shall install a signboard at the precinct center or at
the entrance of the precinct center, with ballots specimen filled in.
7. Posters displaying photos of presidential candidates,
their brief biography and, in case of National Assembly elections under proportional
system, electoral lists of parties and party alliances running in the election
shall be posted in a visible place in precinct centers on the voting day.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 52.
Organization of Voting Process in Diplomatic and Consular Missions
Citizens of
the
Article 53. Organization of Voting for Arrested and Detained Citizens
1. The arrested
citizens participate in elections at the precinct organized at the place of
their registration. The procedure for participation in the elections of arrested
citizens is established by the Central Electoral Commission.
2. The heads
of the institutions that have the authority to keep detainees, prepare, organize
and conduct elections in the procedure established by this Code and the Central
Electoral Commission.
CHAPTER 12
VOTING PROCEDURE
Article 54. Beginning of the Voting
1. On the day
prior to the day of voting the Precinct Electoral Commission selects at its
session, by drawing a lot, the three members in charge of signing the ballots,
who then have to sign all the ballots until 12:00 a.m. (the signatures are put
on the back side of the ballot) making an relevant note in the register. The
signed ballots and the seal package are kept in a special fire-proof safe. The
procedure of preservation of ballots is determined by Central Electoral Commission.
2. At 7:00
a.m. on the voting day, the Precinct Electoral Commission identifies at its
session, by drawing a lot, the members to register the citizens (one member
per 1,000 voters), to give out the ballots (one member per 1000 voters), one
member to stamp the ballots and one member to be responsible for the ballot
box, as well as decides on the timetable of their shifts. The Chair and the
Secretary of the commission do not participate in the drawing. They may substitute
other members of the commission during their temporary absence.
Amend. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
3. In presence of commission members and those who have
the right to be present at the voting, the Chair of Precinct Electoral Commission
opens the fireproof safe box, removes the ballots and the packaged stamp, unseals
the packaged stamp, stamps the register and announces the stamp number. Then,
he/she makes sure that the ballot box is empty, closes and stamps it, gives
voter lists to commission members responsible for voter registration, gives
ballots (in batches of 100 each) to commission members responsible for handing
out ballots, and gives addresses of residential buildings (houses) included
in the electoral precinct and the stamp to the commission member responsible
for stamping the ballots. The Precinct Electoral Commission Chair records all
the mentioned actions in the register, following which he/she declares the precinct
center open.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 55. Access to Precinct Centers
1. Military
servicemen and employees of the Police and National Security Service enter the
precinct center not in a marching line, unarmed. Access to the precinct centers
with arms and ammunition is prohibited, with the exception of cases of endangering
the normal course of the elections. In those cases the Chair or the Deputy chair
of the Precinct Electoral Commission permits the entry into the precinct center.
2. Apart from
the members of Precinct Electoral Commission and the voters, candidates' proxies,
observers, representatives of mass media and members of superior electoral commissions
can be present at the precinct center.
3. After having
voted the voter leaves promptly the precinct center.
4. In order
to ensure the normal course of the voting the Chair has the right to allow the
voters to enter the voting room one by one. Not more than fifteen voters can
be present in the voting room simultaneously.
Article 56. Registration of Voters
1. Each voter
present for voting is registered in the list, by the commission member responsible
for registration.
2. The commission
member responsible for the registration verifies the identification documents,
finds his/her first name, patronymic, last name and the consecutive number in
the voter list, fills in the data of the identification documents in the voter
list, and the voter signs in front of the data. In case if the voter cannot
independently sign in the voter list, he/she has the right to apply for getting
assistance from another citizen, with exception for members of commission and
proxies.
3. Valid identification
documents are passport, document alternating the passport and military certificate
for military officers and non-commissioned officers; and for other military
servicemen – military card.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 57. Voting
1. During voting, every citizen receives one ballot (or
several ballots, if several elections are taking place concurrently.
2. Immediately after registration, the voter approaches
the commission member responsible for distributing ballots. The latter gives
to the voter one ballot (or several ballots, if several elections are taking
place concurrently).
3. Member of the commission, responsible for stamping
the ballots, verifies that the voter is registered in that particular precinct
and stamps the ballots. The stamp shall not come out of the limits of the ballot.
The voter proceeds to voting booth.
4. The voter shall mark the ballot in the privacy of
a voting booth.
5. Voters unable to mark the ballots on their own have
the right to invite another person (but never a proxy) into the voting booth
with them, after notifying the Commission Chair. Except for such cases, presence
of any other person in voting booth when voter is marking the ballot is prohibited.
6. If the voter believes that he/she has marked the ballot
incorrectly, he/she can address the commission Chair or, in his/her absence,
Deputy Chair, and ask for a new ballot. Upon receiving instructions from the
commission Chair or, in his absence, the Deputy Chair, the appropriate commission
member gives a new ballot making an appropriate note next to the first and last
name of that voter in the voter list. The incorrectly marked (damaged) ballots
are immediately cancelled, and an appropriate protocol is made.
7. Citizens registered in Consular and Consular missions,
as well as those in detention or under arrest vote in accordance with requirements
of this Article, whereas military servicemen vote in accordance with the requirements
of Articles 55-57 of this Code.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 58. Procedure of Marking the Ballot
1. The voter
makes a note identical to the one approved by the Central Electoral Commission
in the ballot in front of the name of the candidate or party (party alliance),
whom he/she is voting for.
2. In case
if one candidate is voted, the voter makes a note in front of the word "For",
if he/she votes for, and in front of the word "Against", if he/she
votes against.
3. The voter
comes out of the voting booth with his filled and folded up ballot and approaches
the ballot box. The commission member responsible for the ballot box opens the
ballot box slot and allows the voter to drop his/her ballot into the ballot
box.
At his/her own initiative or by proxy’s request, the
commission member responsible for the ballot box can verify that the voter is
registered in the given precinct. After dropping the ballot in the ballot box
the voter leaves the precinct center.
4.
It is forbidden to somehow inquire about voting by the voter.
5. During the
voting, all cases of violation of the voting procedure established by this Code,
upon the request of a member of the commission or a proxy, as well as all the
decisions of the Precinct Electoral Commission are recorded in the register.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 59. Validity of Ballots
1. A ballot of the established sample is considered invalid
if:
1) it contains marks in favor of more than one candidate
(party);
2) it contains marks “for” and “against” a candidate
(party), if only one candidate is being voted;
3) it does not contain any marks;
4) it contains marks revealing the voter’s identity;
5) it is not signed;
6) it is not stamped;
7) the procedure of marking the ballot fixed in Article
58 of this Code was violated.
2. A ballot is valid if the voter’s intention is clear
and unambiguous, and if it does not contain any marks that may reveal the voter’s
identity.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 60.
Ballots of Non-Established Sample
1. Ballots differing from the established sample are
considered ballots of non-established sample.
2. Ballots
of non-established sample are not considered during summarizing the results
of vote.
CHAPTER 13
PROCEDURES FOR SUMMARIZATION
AND TABULATION OF VOTING
RESULTS, CALCULATION
OF INACCURACIES AND
SUMMARIZATION OF ELECTION
RESULTS
Article 61.
Procedures for Summarization of Voting Results
in Electoral Precinct
1. At 20:00, Chair of the Precinct Electoral Commission
forbids entry of voters into the precinct center, allows the voters inside the
precinct center to vote, then closes the ballot box slot, asks to leave the
room all those with no right to be present at the session of the Precinct Electoral
Commission, and closes the precinct center. The Precinct Electoral Commission
then starts its session for summarizing the voting results. To this end, the
Precinct Electoral Commission:
1) counts the total number of unused, filled incorrectly
and returned ballots, cancels the ballots in accordance with procedures defined
by the Central Electoral Commission, packages them and stamps the package;
2) counts the total number of voters, based on the voter
lists, including supplementary lists;
3) counts the number of voters who received ballots (i.e.
who participated in the voting), based on the signatures in the voter lists,
including supplementary lists, packages the aforementioned lists and stamps
the package.
2. The results of sub-paragraphs 1-4 of Item 1 of this
Article are announced and recorded in the register. The Precinct Electoral Commission
makes a protocol on number of voters who participated in the voting. The form
of protocol on number of voters who participated in the voting is approved by
the Central Electoral Commission.
The Commission Chair opens the ballot box, takes one
ballot out of the ballot box, and loudly announces whether the ballot is valid,
invalid or non-established, and, in case of invalidity – who it is voted for.
If requested, the ballot is passed to other commission members. If a commission
member disagrees with the Commission Chair’s opinion, he/she raises objection.
Based on the results of a vote (the objecting member’s proposal is put to a
vote), or based on the original announcement of the Commission Chair, if no
objection is raised, the Chair puts the ballot in the stack of ballots cast
for the respective candidate, party or party alliance; and, if there is only
one candidate – in the stacks of ballots “for” or “against”. Then, the Commission
Chair proceeds to take the next ballot out of the ballot box.
These steps are repeated for all ballots in the ballot
box. During the sorting of ballots, commission members are allowed to make any
notes, and they are forbidden from having any pens, pencils or other objects
for making notes.
3. Having sorted all the ballots in the ballot box, with
presence of commission members, the Commission Chair counts one by one all the
invalid ballots, ballots cast for every candidate and party (party alliance).
Based on the results, the total number of valid ballots of approved sample and
of votes given for the candidates, or, if there is only one candidate - the
ballots cast for or against the candidate are counted. These numbers are published
and recorded in the register.
4. Ballots of non-established specimen are not taken
into consideration when summarizing the results.
5. The counted and sorted ballots are packaged and stamped,
in accordance with procedures established by the Central Electoral Commission.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 62. Protocol of Precinct Electoral Commission on
Voting Results
1. Based on calculations made in accordance with procedures
set out in Article 61 of this Code, the Precinct Electoral Commission prepares
a protocol on precinct voting results, which includes the following:
1) the total number of voters as per voter lists;
2) the total number of ballots allocated to the Precinct
Electoral Commission (A);
3) the number of ballots cancelled in the Precinct Electoral
Commission (C);
4) the number of voters who registered and received ballots,
according to signatures (B);
5) the number of invalid ballots (d2);
6) the number of ballots cast for each candidate, party
and party alliance;
7) the total number of ballots cast for all candidates,
parties or party alliances (this line is left blank if only one candidate is
running);
8) the number of ballots cast against the candidate (this
line is filled in when only one candidate is running);
9) the number of valid ballots (d1);
10) the amount of inaccuracies.
2. The protocol is signed by all commission members present
at the session and stamped by the Commission Chair.
3. If any commission member has a special opinion about
the data in the protocol, he/she makes a note next to his/her signature and
presents opinion in writing, which is attached to the protocol.
4. If a commission member refuses to sign the protocol,
the protocol include an appropriate note.
5. The Precinct Electoral Commission’s session cannot
be interrupted since the moment the voting is complete until preparation of
a protocol on precinct voting results.
6. The commission completes the protocol at the end of
the session, but no later than 10 hours after completing the voting, and the
Commission Chair publishes the protocol on precinct voting results.
7. The protocol is made in four copies. One copy is packaged
and sealed with documents used as a basis for the protocol, another copy of
the protocol is posted at the precinct center in a clearly visible place, immediately
upon completing the steps described in this Article, but no later than before
removing the documents and the sealed package referred to in this Item from
the precinct center. The package is signed by three commission members; other
commission members and proxies also have the right to sign on the packages,
which is duly recorded in the commission’s register.
8. An excerpt from the protocol on the number of people
who participated in the voting in the precinct, as well as from the protocol
on precinct voting results, can be provided to the proxies of candidates, parties
and party alliances, commission members or observers, at their request; the
excerpts are ratified by the signatures of the Commission Chair (Deputy Chair)
and the Secretary, and bear the Commission’s stamp.
9. The Chair and Secretary of the Precinct Electoral
Commission submit packaged electoral documents as required by Articles 61 and
62 of this Code, two copies of the protocol on voting results, the register
and the stamp to the appropriate Territorial Electoral Commission, in accordance
with procedures defined by the Central Electoral Commission, within no more
than 12 hours after completing the voting.
10. The form of the protocol on precinct voting results
and the excerpts from the protocols are approved by the Central Electoral Commission.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 621. Procedures for Calculating the
Inaccuracies
1. In order to calculate the amount of inaccuracies in
a precinct:
1) compare the number of ballots allocated to the Precinct
Electoral Commission (A) with the number of cancelled ballots (C) and the sum
(D) of the number of valid ballots (d1) and the number of invalid ballots (d2)
in the ballot box. The difference (its absolute value) is noted as the amount
of the first inaccuracy;
2) compare the number of signatures in the voter list
(B) with the sum (D) of the number of valid and invalid ballots in the ballot
box. If the sum (D) of the number of valid and invalid ballots in the ballot
box is greater than the number of signatures in the voter list (B), then the
difference is noted as the amount of the second inaccuracy. If the sum (D) of
the number of valid and invalid ballots in the ballot box is smaller than or
equal to the number of signatures in the voter list (B), then the amount of
the second inaccuracy is 0;
3) add the amounts of inaccuracies mentioned in sub-paragraphs
1 and 2 of this Item. The sum of this number is considered the amount of inaccuracies
for that particular precinct.
2. The results of every step set out in paragraph 1 of
this Article is noted in the protocol of the appropriate precinct’s voting results.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 63.
Activity by Territorial Electoral Commissions after Receiving Precinct Electoral Commission
Protocols
1. Territorial Electoral Commission verify the validity
of protocols on the precinct voting results; if arithmetical errors are found,
the Chair and Secretary of the appropriate Precinct Electoral Commission corrects
them and ratifies the corrections with their signatures. The original data is
not subject to changes.
2. In accordance with procedures defined by the Central
Electoral Commission, the Territorial Electoral Commission periodically, but
not less than every three hours, tabulates the data in protocols on precinct
voting results and includes them to PC (if available). The Territorial Electoral
Commission completes tabulation of data from precinct protocols on voting results
and inclusion of the information to PC (if available) within 18 hours of the
end of the voting. In the Territorial Electoral Commission, the voting results
by precinct are tabulated, stamped and ratified by Chair (Deputy Chair) and
Secretary of the Commission. At proxy’s requests, he/she receives the tabulated
data on voter turnout in a precinct, ratified by the Commission Chair.
3. A copy of tabulated precinct voting results, ratified
by signatures of the Commission Chair (Deputy Chair), Secretary and the Commission’s
stamp, are posted immediately in a visible place in the Commission. At request
by commission members, proxies or observers, they receive a copy of tabulated
precinct voting results, verified by signatures of the Commission Chair (Deputy
Chair), Secretary and the Commission’s stamp. Precinct Electoral Commissions’
stamps are transferred from Territorial Electoral Commissions to the Central
Electoral Commission, within 24 hours after completing the vote, in accordance
with procedures defined by the Central Electoral Commission.
4. During national elections, the Territorial Electoral
Commission does not make a protocol on summarization of voting results in the
electoral district.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 631.
Procedures for Summarization by Territorial
Electoral Commission of the Results of National Assembly Elections under Majoritarian
System and Local Self-Government Elections
1. Within 18 hours after completing the vote, in compliance
with requirements of this Article and based on protocols on precinct voting
results, the Territorial Electoral Commission summarizes the preliminary results
of National Assembly elections under majoritarian system and local self-government
elections in the district, and verifies them in the form of a protocol.
2. Within 48 hours after completing the vote, and in
case of a complaint is submitted to Court or the Territorial Electoral Commission
about the precinct voting results - within 5 days, the Territorial Electoral
Commission summarizes the elections results in the district and verify them
by a protocol, basing on protocols on precinct voting results, court verdicts
and results of recounts in the electoral districts.
3. Protocols on the results of National Assembly elections
under majoritarian system and local self-government elections contain the following
information:
1) total number of voters as per voter lists;
2) the number of ballots allocated to Precinct Electoral
Commissions (A);
3) the total number of ballots cancelled in Precinct
Electoral Commissions (C);
4) the number of voters who registered and received ballots,
according to signatures (B);
5) the number of invalid ballots (d2);
6) the number of ballots cast for each candidate;
7) the total number of ballots cast for all candidates
(this line is left blank if one candidate is running);
8) the number of ballots cast against the candidate (this
line is filled when one candidate is running);
10) the number of valid ballots (d1);
11) the amount of inaccuracies.
The amount of inaccuracies in an electoral district (community)
is equal to the sum of those in precincts included in that electoral district
(community).
4. The protocol is signed by all commission members present
at the session and stamped by the Commission Chair.
5. If any commission member has a special opinion about
contents of the protocol, he/she makes an appropriate note next to his/her signature
and presents his/her opinion in writing, which is attached to the protocol.
6. Commission member’s refusal to sign the protocol is
noted in the protocol.
7. After signing the protocol and basing on data in the
protocol, the Territorial Electoral Commission adopts a decision on the election
results,.
8. The Chair of the Territorial Electoral Commission
makes the protocol public and officially sends copies of the protocol and the
adopted decisions to the Central Electoral Commission.
9. A copy of the protocol is posted in a visible place
at the Commission, immediately after undertaking all the steps described in
this Article.
10. A copy of the protocol, signed by the Commission
Chair (Deputy Chair), Secretary and stamped by the Commission is provided to
proxies, candidates or observers at their request.
11. The format of the protocol by Territorial Electoral
Commissions on results of National Assembly elections under majoritarian system
and local self-government elections is approved by the Central Electoral Commission.
Add. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07
Article 64. Procedures for the Central Electoral Commission’s
Summarization of Results of Elections for President and National Assembly under
Proportional System
1. Within 24 hours after completing the vote, in compliance
with the requirements of this Article and basing on precinct voting results
received from Territorial Electoral Commissions, the Central Electoral Commission
summarizes the preliminary results of national elections, verifies them in the
form of a protocol and officially announces the preliminary election results
in live broadcast on Public Radio and Public Television.
2. The session of the Central Electoral Commission cannot
be interrupted until the preliminary results of elections are announced.
3. Within 72 hours after completing the vote, and, is
case of submitting a complaint to a Territorial Electoral Commission concerning
the precinct voting results – within 7 days after completing the vote, the Central
Electoral Commission, basing on the results protocols on precinct voting results
received from Territorial Electoral Commissions, court verdicts and results
of recounts in electoral districts, summarizes the results of the national elections
in the precinct and verifies them by an appropriate protocol.
4. Protocols on the results of national elections include
the following information:
1) the total number of voters as per voter lists;
2) the number of ballots allocated to Precinct Electoral
Commissions (A);
3) the total number of ballots cancelled in Precinct
Electoral Commissions (C);
4) the number of voters who registered and received ballots,
according to signatures (B);
5) the number of invalid ballots (d2);
6) the number of ballots cast for each candidate, party
or party alliance;
7) the total number of ballots cast for all candidates,
parties or party alliances (this line is left blank if one candidate is running);
8) the number of ballots cast against the candidate (this
line is filled when one candidate is running);
9) the number of valid ballots (d1);
10) the amount of inaccuracies.
In the case of national elections, the amount of inaccuracies
is equal to the sum of the amounts of inaccuracies in all precincts.
5. The protocol is signed by all commission members present
at the session and stamped by the Commission Chair.
6. If any commission member has a special opinion about
the data in the protocol, he/she make an appropriate note next to his/her signature
and presents his/her opinion in writing, which is attached to the protocol.
7. Commission member’s refusal to sign the protocol is
noted in the protocol.
8. After singing the protocol and basing its contents,
the Central Electoral Commission adopts a decision on the election results.
9. The session of the Central Electoral Commission cannot
be interrupted until the decision is adopted under Paragraph 8 of this Article
basing on the elections results. Within 3 hours after end of the session, the
Chair of the Central Electoral Commission or any member of the Commission (as
assigned by the Chair) officially announces in a live broadcast on Public Radio
and Public Television from the administrative building of the Central Electoral
Commission the final results of the elections and the appropriate decision taken
on the basis of that.
10. At their request, proxies of candidates (parties
or party alliances) or observers receive a copy of the protocol summarizing
the election results, verified by the signatures of the Commission Chair (Deputy
Chair), Secretary and stamped by the Commission’s stamp.
11. The format of protocols on the results of national
elections is approved by the Central Electoral Commission.
12. Receiving preliminary election results, the Central
Electoral Commission regularly, but not less than every 3 hours, announces preliminary
results by precincts in live broadcasts on Public Radio and Public Television,
as well as by posting them on the Central Electoral Commission’s website.
13. Within 3 months of announcing the final results of
national elections, the Central Electoral Commission publishes an analysis of
violations of this Code, indicating the measures taken against the perpetrators
of the violations.
Revis. LR-24, 25.04.07, NKR SB ¹ 13(54), 22.05.07