Cancellation of Decisions of Election Commissions on Voting Results and Election (Referendum) Returns.
If violations mentioned in Article 88.4 of this Code, which do not provide opportunities for proper identification of the election results, made by a registered candidate, political party, block of political parties or referendum campaigning group are found out after preliminary voting results are published officially, the Central Election Commission can prior to official publication of the election outcomes appeal to the Court of Appeal about considering the election of a candidate or outcomes of referendum to be invalid.
If the court, defining existence of violations mentioned in Article 113.2.3. of this Code, considers that determination of voters’ intention is not possible due to those irregularities, then the court can cancel decision of the relevant election commission on election (referendum) results. In such circumstances the elected candidate is considered to have lost his/her authority.
The relevant court can cancel the decision of the election commission on voting results and election (referendum) results for a single-mandate or nationwide constituencies if:
rules for compilation of voters list, for formation of election commissions, for voting, for count of votes or for determination of election (referendum) results are violated;
other violations defined by this Code occur;
it is impossible to determine voters’ intention due to these actions (lack of actions).
The relevant court or the Central Election Commission can cancel decisions of the Precinct or Constituency Election Commissions on voting results or election results in the circumstances considered by this Code.
If the facts about irregularities regarding assistance to elect not elected candidates are found out, they cannot be basis for cancellation of the decision on election results.
