Election of Deputies to the National Assembly

CHAPTER 8, SUMMARIZING THE RESULTS OF THE ELECTION

Article 32. The procedure of filling the summary records

of the election results at the electoral precincts

In the summary records of the election results each computed figure is entered and signed across from by those who did the computation in the order defined by the procedure for summarizing the results of the elections.

The records of the elections by the proportional and the majoritarian system are filled separately, in the order by which the computations were done.

Entries are made in the records about the ballot box and the box for the coupons of the certificates of the right to vote being closed and sealed until the end of the voting.

The figures being computed and the results of the computation are declared out loud.

The summary records of the election results are signed by the members of the precinct electoral committee who participated in the activities of the committee during the day of the voting. If any member of the committee has a special opinion regarding the process or the results of the voting, he/she makes a respective entry across from the signature, submitting his/her opinion in writing.

Refusal of a committee member to sign the record is recorded by the committee and attached to the summary record of the election results.

Article 33. Invalid ballots

The ballots are recognized as invalid if they do not correspond to the approved speci men, do not bear the stamp of the given electoral precinct and the signatures of the members of the committee selected by the committee, are voted pro for more than one candidate, are voted pro for more than one public-political organization or their bloc, in cases where there is only one candidate for deputy or one public-political organization on the ballot the voter crossed out or leaved both the words [I agree] and [I disagree], as well as those ballots that bear extra inscriptions.

The ballots that cause suspicion are voted on by the electoral committee.

Article 34. The procedure of summarizing the results of voting in the electoral precincts

After closing the precinct at 8PM on the day of the elections the precinct electoral committee:

1) enters the number of the ballots received from the district electoral committee in the records;

2) counts the number of unused ballots along with those incorrectly filled or returned by the voters and cancels them in the prescribed manner to rule out future use;

3) counts:

a) the total number of voters based on the list of voters,

b) the number of registered voters based on the signatures,

c) the number of unused certificates of the right to vote;

4) opens the ballot box;

5) in the election by the majoritarian system counts:

a) the total number of ballots present in the ballot box,

b) the number of ballots recognized as invalid,

c) the number of [pro] votes given to each candidate for deputy,

6) in the election by the proportional system counts:

a) the total number of ballots present in the ballot box,

b) the number of ballots recognized as invalid,

c) the number of [pro] votes given to each list;

The counted and registered ballots are packed separately, the packs are sealed by the stamp of the precinct electoral committee.

The stamped records, the sealed box for the coupons of the certificates of the right to vote and packets of other election documents are sent to the superior electoral committee in the manner prescribed by the Central Electoral Commission.

Article 35. Summarizing the results of voting in the electoral districts

After placing the election documents received from the electoral precincts in the determined safe location and locking them up, the district electoral committee, based on the records of the precinct electoral committees, makes the following entries in the register of the district electoral committee:

the total number of the ballots given to the precinct electoral committees;

the total number of canceled ballots;

the total number of incorrectly filled and returned ballots;

the total number of voters;

the total number of registered voters;

the total number of unused certificates of the right to vote, by precincts;

the total number of the ballots in the ballot boxes;

the total number of ballots recognized as invalid;

the total number of votes in favor of each candidate for deputy;

the total number of votes in favor of each public-political organization or their bloc;

computes and enters the number by the precinct of the certificates in the boxes for the certificates of the right to vote. After the count the certificates are packed and sealed by the stamp of the district electoral committee.

The data in the register is confirmed by a vote of the district electoral committee, then signed and stamped.

The records of the district electoral committee, along with copies of the records of each of the [constituent] precinct electoral committees, are sent to the Central Electoral Commission in the prescribed manner.

Article 36. The rendition of the results of the elections

In order to distribute the mandates according to the lists and determine the deputies elected by the proportional system, the Central Electoral Commission, based on the records received from the electoral committees, renders:

the total number of voters; the total number of registered voters;

the total number of the certificates in the boxes for the certificates of the right to vote;

the total number of the ballots in the ballot boxes;

the total number of the ballots recognized as invalid;

the total number of voters (valid votes) in favor or against each public-political organization or their bloc;

the total number of votes in favor of each list;

the total number of votes in favor of all public-political organization or their blocs;

the total number of votes in favor of those public-political organization or their blocs that received at least 5% of the total number of valid votes;

the effect of the inconsistencies in the numbers in the records on the result of the elections.

The Central Electoral Commission discusses the complaints received concerning the implementation of the elections and the summarizing of their results, if necessary, organizes inspections in a manner prescribed by itself.

Article 37. Recognizing the elections invalid

The Central Electoral Commission recognizes the elections invalid in certain precincts or districts if:

1) the candidate for deputy is changed or is not elected due to inconsistencies in the figures entered in the records of the electoral committees, or in accordance with facts confirmed by inspections, or, in the elections by the majoritarian system, passes to second round of voting and it is not possible to reconstruct the real result of the elections and thus determine the elected candidate;

2) violations of this law were made during the preparation and implementation of the elections that prevented the exercise of the equal direct free election right in a secret ballot.

The decision of the Central Electoral Commission regarding the results of the elections may be appealed within 10 days at the Supreme Court of the Republic of Armenia, the decision of the latter is final.

Article 38. Summarizing the results of the elections by the majoritarian system

The Central Electoral Commission passes a decision on the election of a deputy to the National Assembly from the electoral district.

The candidate receiving the majority of votes in his/her favor, but no less than 25 % of the valid votes is considered elected in the first round.

If two candidates run in the first round and neither receives over 25% of the valid votes, the elections in that district are considered not to have taken place and the districts mandate remains unfilled.

If more than two candidates run in the first round and none is elected, a second round is carried out between the first and second candidates with the most votes in their favor, and the one getting in it the most votes in his/her favor is considered elected.

If only one candidate runs in any round of the elections, he/she is considered elected by receiving over 50% of the valid votes.

Article 39. Summarizing the results of the elections by the proportional system

The mandates are distributed only between the lists that received at least 5% in their favor from the valid votes.

The mandates allocated for the elections by the proportional system (40 for the regular elections) are distributed between the public-political organization or their blocs in proportion with the votes in their favor received.

The computation of the share of the mandates for each public-political organization or their bloc is done in the following manner: the number of votes in favor of each list is multiplied by the number of mandates allocated to the lists, the resulting number is divided by the total number of votes in favor of all lists that got at least 5% of the valid votes, the resulting respective integer values of the quotients represent the number of the mandates received by each list. The remaining mandates are distributed between the lists according to the descending value of the remainders of the computation, one remaining mandate to each. In case the remainders are equal, the disputed mandate is given to the list with the most votes in its favor, if those are equal, the decision is made by random selection.

The candidate is considered elected if his/her number in the list is less or equal to the number of mandates received by that list.

The mandate of the candidate elected by the proportional system is given to the next candidate in the list if he/she was also elected by the majoritarian system. If the candidate has to participate in the second round of elections by the majoritarian system, the issue of his/her mandate is resolved after receiving the results of the second round.

The issue of the mandates not distributed due to the recognition of the elections as partially invalid is resolved after receiving the results of re-voting.

The mandates due to the public-political organizations or their bloc which received more mandates than the number of candidates registered on the list, and also the mandates not distributed in the results of general elections are distributed upon the results of by-elections.

Article 40. Summarizing the results of the elections by the proportional system in case the elections are recognized as partially invalid

If the elections were recognized as invalid in a electoral precinct by a decision of the Central Electoral Commission, the results are summarized in the following manner:

1) the lists receiving in their favor at least 5% of the valid votes are determined, for which:

the votes in favor received by each list in the precinct where the elections were recognized as invalid are neglected;

when computing the total number of valid votes the number of valid votes in the precincts where the elections were recognized as invalid is substituted by the total number of votes in the lists of the voters of those precincts;

2) the lists retaining the possibility of getting at least 5% of the votes in their favor are determined, excluding the lists referred to in point 1 of this Article, for which in computing the total number of votes in favor of each list the number of votes in their favor in the precincts where the elections were recognized as invalid is substituted by the total number of votes in the lists of the voters of those precincts, and in computing the total number of valid votes the number of valid votes in the precincts where the elections were recognized as invalid is substituted by the total number of votes in the lists of the voters of those precincts.

Until the summarization of the results of the re-voting, the computation of the number of the mandates for each list is dome in the prescribed manner, whence:

in computing the total number of votes in favor of each list, the number of votes received in favor of that list in the precincts where the elections were recognized as invalid is neglected;

the number of votes in favor of all lists that received at least 5% of valid votes is substituted by the total number of votes in favor that were received or could have been received by all public-political organizations or their blocs that received or retained the possibility to receive at least 5% of votes in their favor, and when computing this in the precincts where the elections were recognized as invalid instead of computing the total of votes in favor of all of them the total number of votes in the lists of the voters of those precincts is counted; mandates are not given to the lists retaining the possibility of receiving at least 5% of the votes in their favor;

the mandates due to the lists of public-political organizations or their blocs that received at least 5% of the valid votes in their favor computed in accordance with the provisions of this Article are distributed in the prescribed manner, but no mandates are distributed according to the value of the remainders.

The computation of the number of mandates due to each list after the re-voting is done in the prescribed manner, where the numbers computed for the case when the elections were recognized as partially invalid are substituted by the corresponding numbers obtained from the re-voting and the unclaimed mandates are respectively allocated to the lists of public-political organizations or their blocs, thus completing the number of mandates due to them.

Article 41. The registration of the deputies to the National Assembly

The publication of the election results The results of the elections are summarized no later than within 10 days from the day of the elections.

Irrespective of all possible outcomes of the re-voting to be carried out in the districts or precincts where the elections were recognized as invalid, the Central Electoral Commission registers the elected deputies to the National Assembly and, immediately upon expiry of the powers of the preceding National Assembly, issues them certificates of a deputy to the National Assembly.

The official memorandums on the results of the elections are published in the manner prescribed by the Central Electoral Commission.

Article 42. The premature termination of the powers

of a deputy to the National Assembly

The powers of the deputy to the National Assembly may be terminated prematurely by a decision of the Supreme Court of the Republic of Armenia, if:

1) the Supreme Court has recognized the elections as invalid within one month based this law or on complaints about the results of the elections;

2) a verdict by the Supreme Court of his/her confinement is empowered;

3) the operation of the public-political organization that had nominated the deputy by the proportional system is banned in the procedure prescribed by law, and the deputy is a member of that public-political organization at the time of the ban.

The powers of the deputy to the National Assembly are considered prematurely terminated in the event of his/her death.

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