| Article 26. Procedures
for filling the summary records of the voting results at
the electoral precincts 26.1 The Chairman of Precinct Electoral
Commission closes the slots of ballot box and the box for
tear-off coupons, lets out all persons who have no right
to be present at the session of Precinct Electoral
Commission and closes the precinct center. After the
implementation of these actions, the Precinct Electoral
Commission starts the session to summarize the results of
the voting. For that purpose the following actions are
implemented:
1) unused,
incorrectly marked by voters and returned ballots are
calculated, canceled in the prescribed manner, and
sealed;
2) the total number
of voters is counted based on the lists of voters;
3) the number of
voters receiving ballots is counted, based on the
signatures present in the lists of voters and after
that the mentioned list is sealed;
4) the ballot box is
opened.
26.2 The committee
chairman takes out one ballot from the ballot box,
declares loudly the validity of the ballot or its
correspondence to approved specimen, and in the case of a
valid ballot in favor of whom it was cast. Then the
ballot is passed to other members of the committee. In
case a committee member disagrees with the opinion of the
chairman, the committee member presents an objection,
which is voted on.
26.3 The committee
chairman puts the ballot on a package of the
corresponding candidate in favor of whom the ballots is
voted, on <<against everybody>>,
<<invalid>> or <<not corresponding to
approved ballot specimen>>, based on the result of
voting in case of objection, and if there is no
objection, according to his declaration, then he/she
takes out the next ballot from the ballot box. These
actions are repeated for all ballots present in the
ballot box. During the implementation of the sorting
procedure, committee members are not allowed to make
notes and also have with them pens, pencils and other
things suitable for making inscriptions.
26.4 After sorting all
ballots present in the ballot box, the committee
chairman, in the presence of committee members, counts
one-by-one the ballots recognized as invalid, not
corresponding to the approved specimen, voted against all
candidates, and also the number of votes in favor of each
candidate. Based on the mentioned results, the total
number of valid ballots present in the ballot box and the
total number of votes given in favor of candidates is
calculated.
26.5 The counted ballots
are packed according to the sorting and sealed.
26.6 These actions,
prescribed by the first part of this article are
implemented in the sequence mentioned. Each action is
implemented after the accomplishment of the previous one
and the composition of a corresponding protocol. For each
of these actions, a separate protocol is composed in two
copies, signed by the members of committee present on the
session, one copy of which is sealed with the documents
on which it is based.
26.7 The protocol for
summarizing the results of the voting in the precinct is
composed in two copies based on data from the separate
protocols.
26.8 The following is
registered in the protocol, summarizing the results of
voting:
1) the total number
of voters, based on the lists of voters;
2) the number of
voters registered and receiving ballots, based on the
signatures;
3) the number of
ballots given to the Precinct Electoral Commission;
4) the number of
canceled ballots;
5) the total number
of valid ballots corresponding to approved specimen
present in the ballot box;
6) the number of
ballots recognized as invalid;
7) the number of
ballots not corresponding to approved specimen;
8) the number of
ballots voted against all candidates;
9) the number of
votes given in favor of each candidate;
10) the total number
of votes given in favor of candidates.
26.9 The counted and
registered numbers in the protocol are declared in a loud
voice.
26.10 The protocol is
signed by all committee members present at the session
and stamped by the chairman of the committee. If a
committee member has a special opinion on the process of
voting or on the results, then he makes a corresponding
note near his signature, presenting his opinion in
writing, which is attached to the protocol.
26.11 Refusal to sign a
protocol by a committee member is registered by the
committee and adjoined to the protocol summarizing the
results of the voting.
26.12 The session of the
Precinct Electoral Commission cannot be interrupted from
the moment of the termination of voting until the
composition of the protocol summarizing the results.
26.13 Immediately after
the completion of the session, the chairman makes public
the results of the voting in the precinct.
26.14 Upon the request
of a candidates proxy or an accredited foreign
observer, a copy of the protocol on summarizing the
results of voting is given, verified by the signatures of
the chairman of the committee or the secretary and by the
committee stamp.
26.15 A copy of the
protocol summarizing the results of the elections in a
precinct is posted in the center of a precinct in a place
visible for all, after that the chairman of the Precinct
Electoral Commission one copy of the protocol of
summarizing the results of the voting, the box of coupons
and the sealed electoral documents submits to Community
Electoral Commission immediately.
Article 27. Invalid
ballots
27.1 Ballots are
recognized as invalid, if they voted "pro" for
more than one candidate, are voted "pro" for
candidate and also marked simultaneously in the line
<<I am against all>>, in cases where there is
only one candidate both the words "I agree" and
" I disagree" are marked or left, and also
ballots that bear extra inscriptions or notes.
27.2 Suspicious ballots
are to be voted on by the Electoral Commission.
Article 28. Ballots not
corresponding to the approved specimen
28.1 Ballots are
recognized as not corresponding to the approved specimen
if they do not bear the signatures of the proxies
selected by the committee.
28.2 Suspicious ballots
are to be voted on by the Electoral Commission.
Article 29. The procedure
of summarizing the results of elections in the Community Electoral
Commission
29.1 Before the counting
of the coupons, the Community Electoral Commission, in
the presence of proxies and persons entitled to be
present at the sessions of Precinct Electoral Commission,
verifies the availability of the necessary documents and
the boxes with coupons, the wholeness of the seals, the
meeting of the presented protocols to the corresponding
demands, and makes corresponding records in the register.
29.2 The Community
Electoral Commission counts the number of coupons present
in the boxes received from the precincts.
29.3 The results
obtained are registered in the protocol in total and
according to precincts, and are issued in two copies.
29.4 The protocol is
signed by all members of committee present at the session
and stamped by the committee chairman.
29.5 If a committee
member has a special opinion on the results of protocol,
then he/she makes a corresponding note near his/her
signature, presenting his opinion in writing, which is
adjoined to protocol.
29.6 The refusal to sign
the protocol by a committee member is registered by
committee and adjoined to the protocol on counting the
coupons.
29.7 After counting, the
coupons are packed and sealed by precinct.
29.8 The session of the
Community Electoral Commission cannot be interrupted from
the moment of the end of voting until the composition of
the protocol from the counting the coupons.
29.9 At the end of the
session the chairman of Community Electoral Commission
makes public the results of counting of coupons.
29.10 Upon the request
of a proxy or accredited foreign observer he/she is given
a copy of the protocol on the coupons verified by the
signature of committee chairman or the secretary and the
committee stamp.
29.11 The chairman of
the Community Electoral Commission immediately sends the
protocol on counting the coupons, the protocols
summarizing the results of the voting in precincts,
sealed coupons and the electoral documents received from
precincts to Regional Electoral Commission.
Article 30. Procedure for
summarizing the results of voting by the Regional
Electoral Commission
30.1 Before summarizing
the voting results, the REC, in the presence of proxies
and persons entitled to be present on the sessions of the
REC, verifies the availability of the necessary documents
received from the Community Electoral Commissions, the
meeting of the presented protocols to the corresponding
demands, and makes corresponding records in the register.
30.2 The REC, based on
the protocols of Precinct Electoral Commissions
summarizing of the results of the voting, summarizes the
preliminary data of the voting in the region: the number
of votes given in favor of each candidate, and the total
number of voters participating in the elections.
30.3 The preliminary
results of voting are registered not later than 48 hours
after the end of voting, are made public by the REC
chairman, and submitted by official telegram to the CEC.
30.4 After registering
the preliminary data of the voting in the region, the REC
verifies the compatibility of the data of protocols of
Community Electoral Commissions on counting the coupons
with the data of the protocols summarizing the results of
voting in each precinct.
30.5 In case of a
discrepancy in those results in separate precincts, and
by written request of at least four members of Regional
Electoral Commission or at least two proxies of the
candidates for President of the Republic the Regional
Electoral Commission checks the compatibility of the data
in the protocols of electoral precinct (precincts) for
summarizing the results of voting with the protocols for
counting the coupons of the Community Electoral
Commission and with the factual data on voting. The
authors of special opinions adjoined to the protocol of
summarizing the results of elections of corresponding
Precinct Electoral Commission and the authors of special
opinions adjoined to the protocol of Community Electoral
Commission on counting the coupons and the chairmen of
those committees can participate in checkings.
30.6 In case
discrepancies are found as a result of checking, the REC
compiles a corrected protocol regarding the results of
voting in the corresponding precinct, and the counting of
coupons in the corresponding Community Electoral
Commission, to which the initial protocols of Precinct
Electoral Commission and the Community Electoral
Commission are adjoined. The corrected protocol is signed
by all members of committee present on the session and
stamped by the committee chairman. If a committee member
has a special opinion regarding the data of corrected
protocols then he/she makes a corresponding remark near
his/her signature, presenting his opinion in writing,
which is adjoined to data of corrected protocol.
30.7 Refusal of a member
of the committee to sign the corrected protocol is
registered by the committee and adjoined to the corrected
protocol.
30.8 After correcting
the discrepancy in the results of voting in electoral
precincts in cases prescribed by this article and
revealing by precinct the incorrectness of the data in
protocols in the manner prescribed by Central Electoral
Commission and their influence on the number of votes
given in favor of each candidate, the REC compiles a
protocol in two copies on the summarizing of the final
results of voting in region mentioning in total, and by
precincts the following data:
1) the total number
of voters based on the lists of voters;
2) the number of
voters who registered and received ballots, based on
their signatures;
3) the number of
coupons present in the box;
4) the number of
ballots given to Precinct Electoral Commissions;
5) the number of
canceled ballots;
6) the total number
of valid ballots corresponding to approved specimen
present in the boxes;
7) the number of
ballots recognized as invalid;
8) the number of
ballots not corresponding to approved specimen;
9) the number of
ballots voted against all candidates;
10) the number of
votes given in favor of each candidate;
11) the total number
of votes given in favor of candidates;
12) the measure of
influence of incorrectness affected the number of
votes given in favor of each candidate.
30.9 The protocol
summarizing the final results of the voting in the region
is signed by the members of the committee present at the
session and stamped by the committee chairman.
30.10 If any member of
the committee has a special opinion on the results of the
protocol, then they make a note near their signature and
presents their opinion in writing, which is adjoined to
the protocol.
30.11 Refusal of a
member of the committee to sign the protocol is
registered by the committee and adjoined to the protocol
summarizing the final results of the voting in the
region.
30.12 The protocol is
signed by the members of the committee present on the
session and stamped by the committee chairman.
30.13 Final results of
the voting in the region are published and one copy of
the corresponding protocol summarizing the results of the
voting in the region are submitted personally by the REC
chairman to the CEC along with all electoral documents
collected in REC, but not later than 5 days from the day
of voting.
30.14 Upon the request
of a candidates proxy or accredited foreign
observer, he/she is given an extract from the protocol on
the summarization of the results of the voting in the
region, verified by signatures of the Electoral
Commission chairman or the secretary and the committee
stamp.
Article 31. Summarization
of results of elections by Central Electoral Committee
31.1 The CEC, based on
the preliminary results received from the REC on the
summarization of the results of the voting in the
regions, reveals and publishes the preliminary results of
elections for President of the Republic, not later than
60 hours after the accomplishment of voting.
31.2 Based on the final
protocols on summarizing the results of the voting, the
Central Electoral Commission in the presence of persons
entitled to be present on the session composes the final
protocol on summarizing the results of elections of
President of the Republic mentioning in total and by
regions the following data:
1) the total number
of voters based on the lists of voters;
2) the number of
voters who registered and received ballots based on
their signatures;
3) the number of
coupons present in the box;
4) the number of
ballots given to Precinct Electoral Commissions;
5) the number of
canceled ballots;
6) the number of
valid ballots present in the boxes corresponding to
approved specimen;
7) the number of
ballots recognized as invalid;
8) the number of
ballots not corresponding to approved specimen;
9) the number of
ballots voted against all candidates;
10) the number of
votes given in favor of each candidate;
11) the total number
of votes given in favor of candidates.
12) the measure of
influence of incorrectness affecting the number of
votes given in favor of each candidate.
31.3 The protocol is
signed by all members of the committee present at the
session and stamped by the committee chairman. If a
committee member has a special opinion regarding the
voting process or the results of elections, then they
make a corresponding remark near their signature,
presenting their opinion in writing, which is adjoined to
protocol.
31.4 Refusal of a member
of the committee to sign the protocol is registered by
the committee and adjoined to the protocol of the
summarizing the results of the elections.
31.5 Upon request of a
candidates proxy, he/she is given the copy of the
protocol on summarizing the results of elections of the
President of the Republic, verified by signatures of
committee chairman and the secretary, and the committee
stamp.
31.6 The CEC, based on
the protocol of summarizing the results of elections for
President of the Republic, makes one of the following
decisions not later than within seven days from the day
of elections:
1) on the election
of a President of the Republic;
2) on the assignment
of a second stage of elections (by-elections);
3) on recognizing an
election as invalid and on not electing the President
of the Republic;
4) on recognizing an
election as void and on not electing the President of
the Republic.
31.7 This decision is
signed by all members of the committee present at the
session and stamped by the committee chairman.
31.8 Refusal of a member
of the committee to sign the protocol is registered by
the committee and adjoined to the protocol of the
summarizing the results of the elections.
31.9 Upon request of a
candidates proxy, he/she is given the copy of the
decision on the elections of the President of Republic,
verified by the signatures of the committee chairman and
the secretary and the committee stamp.
Article 32. Decisions of
the Central Electoral Commission on the elections of
President of the Republic, on designating a second round
of elections
32.1 Any candidate who
receives more than the half of the votes in favor of
candidates is recognized as elected President of the
Republic.
32.2 In case only one
candidate is running, he/she is recognized as elected, if
he/she has received more than the half of the votes of
participants of voting.
32.3 If more than two
candidates are running and none of them receive the
necessary votes, then on the 14th day after the first
election, a second round of voting is conducted in which
the two top candidates running can participate. The
candidate who receives the most votes in the second round
is considered elected.
32.4 If only one
candidate is running in the second round, then he/she is
recognized as elected, if he/she has received more than
the half of the votes of participants of voting.
Article 33. Decision of
Central Electoral Commission to recognize the elections
of the President of Republic as invalid and on not
electing the President of the Republic
33.1 The election of the
President of the Republic is recognized as invalid in any
stage of elections if:
1) inconsistencies
in the number of votes affected by incorrectness
substantially affect the outcome of the election such
that it is not possible to reconstruct the real
result of elections and thus determine the elected
candidate;
2) violations of the
law transpired during the preparation and
implementation of the elections that prevented the
exercise of equal, direct and free election rights in
a secret ballot and which could have affected
substantially the results of the election.
Article 34. Decision of
the CEC on recognizing the elections of the President of
the Republic as void and not electing the President of
the Republic
34.1 The elections of
the President of the Republic are considered as void, if
in the result of the elections, a President of the
Republic is not elected.
34.2 The President of
the Republic is not elected, if one candidate has been
voted and he/she:
1) Has not received the
number of votes in favor necessary for the election;
2) The candidate died
before the summarizing the results of the elections.
Article 35. The official
publication of the results of elections
35.1 The official
communiqué on the results of the elections for President
of the Republic is published by the Central Electoral
Commission not later than the eighth day following the
day of elections.
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