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Article 40
 

Complaints against Decisions, Actions or Inaction of Electoral Commissions
1. Complaints about decisions or actions (inaction) of Precinct Electoral Commissions, including requests for a recount of the precinct voting results, shall be submitted to the appropriate Territorial Electoral Commission.
2. Complaints about decisions or actions (inaction) of Territorial Electoral Commissions shall be submitted to the administrative court, except the ones concerning decisions on results of National Assembly elections under majoritarian system.
3. Decisions or actions (inaction) of the Central Electoral Commission, except decisions on election results, may be appealed in administrative court.
4. The Central Electoral Commission shall have the right to overturn any decision by a Territorial Electoral Commission that contradicts the requirements of this Code, and pass an appropriate decision on the issue in question; such decision shall be binding for the Territorial Electoral Commission. The provision of this paragraph shall not apply to the Territorial Electoral Commissions’ decisions on elections of National Assembly members under majoritarian system, elections of heads of local self-government bodies or community council elections.
If violations of this Code’s requirements occur during the voting process that may have affected the outcome of the vote, the Territorial Electoral Commission may invalidate the results of the vote in that particular precinct. In the case of invalidation of voting results in a precinct in accordance with procedures set out in this paragraph, all available materials on the matter shall be forwarded by the Central or respective Territorial Electoral Commission to a prosecutor’s office for opening a criminal case.
5. Decisions of electoral commissions, actions or inaction of an electoral commission and/or any of its officials may be appealed in a procedure and timeframes set forth by the Republic of Armenia Administrative Procedure Code, except for cases provided under paragraphs 6 and 9 of this Article.
6. Request for a recount of the voting results in a Precinct Electoral Commission may be submitted only to the appropriate Territorial Electoral Commission, on the day after the voting day, by 14:00.
7. From the time the election date is set until the summarization of the election results, electoral commissions shall respond to all complaints received or, in cases specified by this Code, adopt decisions regarding the complaints within five days. Complaints, received within five days before the voting day or the period set for summarizing the election results, shall be reviewed and, in cases specified by this Code, decisions regarding them shall be taken before the voting day or before the summarization of the election results, respectively.
8. Revoked
9. Disputes regarding decisions that were passed as a result of elections, except the results of local self-government elections, shall be resolved by the Constitutional Court of the Republic of Armenia.
10. Revoked.
11. Revoked
12. Revoked
13. If the voting results in a precinct have been invalidated, then the voter turnout in that precinct shall be reported as the magnitude of inaccuracies in that precinct, and shall be taken into consideration when summarizing the election results, in accordance with procedures set by this Code.
 
Article 40.1. Procedures for Reviewing Applications (Complaints) and Suggestions in
Electoral Commissions
1. Electoral commissions shall review applications (complaints) and suggestions and reply to them within the timeframe established by the Republic of Armenia legislations, except for cases specified by this Code.
2. Electoral commissions shall receive, register and review only applications (complaints) and suggestions (hereinafter - “applications”) addressed to that particular electoral commission.
3. An application shall be signed by the applicant and contain his/her first name, last name, residence address, and the date (day, month and year). The applicant shall clearly state his/her demand, provide justifications and attach any possible evidence. Applications with no information or false information about the applicant shall be not reviewed.
If the application contains some formal mistakes that can be corrected, then the electoral commission shall point them out to the applicant and give him/her an opportunity to correct those mistakes, or it shall correct the mistakes itself and notify the applicant about it either beforehand or afterwards. If the list of documents attached to the application is not complete, then the electoral commission shall suggest that the applicant complete the list within a specified timeframe.
The application shall be given to the electoral commission that has jurisdiction over the matter in question. The received application shall be registered by the electoral commission. The commission chairman or, in his absence, the deputy chairman, shall forward the application to a commission member. The commission member shall study the matter raised in the application and present suggestions on how to resolve that matter. The applicant has a right to participate in the discussion of his application at the electoral commission and, if necessary, to provide evidence supporting the facts stated in the application.
4. Electoral commissions shall take appropriate measures on issues that need to be addressed urgently. When appealing against election results in accordance with procedures defined in this Code, the appealing party shall have the right to examine lists signed by voters, in additional to other documents. The appealing party shall have no right to make the signed lists public, publish them, make excerpts or copy them.
5. The reply to an application shall be sent to the applicant with the signature of the commission chairman or deputy chairman. The commission member who has prepared the reply shall sign the copy of the reply retained by the commission.
51. The member may submit, for discussion at a session of the commission, a draft decision in relation to issues raised in the application.
6. Commission members, proxies, observers and representatives of mass media shall be notified regularly about the transparent and fair discussion of applications received by electoral commissions and their progress.
 
Article 40.2. Procedures for Recounting the Voting Results in Territorial Electoral Commissions
1. Candidates, members of a Precinct Electoral Commission who have authored a special opinion and proxies registered in that precinct shall have the right to appeal the voting results in that particular precinct, in accordance with procedures and within the timeframe set by this Code, by submitting to the appropriate Territorial Electoral Commission a request to recount the voting results in that particular precinct.
2. The applicant shall submit his/her recount request to the Territorial Electoral Commission in person; at that time, he or she shall also be required to show a personal identification document and, in the case of a proxy, his/her proxy ID as well.
3. The recount request shall contain the first and last names of the applicant, his/her residence address and the number of the precinct where recount is requested, as well as the specific voting results (if several voting events have taken place concurrently) that are requested to be recounted.
4. If several voting events have taken place concurrently, then a member of the Precinct Electoral Commission may submit a request to recount the results of only that voting event, for which he/she had produced a special opinion.
5. If more than one voting events have taken place concurrently, a separate recount request shall be submitted for each of the voting events.
6. Territorial Electoral Commission shall log the recount requests in their registers in the order of their receipt, marking the time of their receipt.
7. Territorial Electoral Commissions shall receive and log recount requests in accordance with the established procedures on the day after the voting, by 14:00. Territorial Electoral Commissions shall start the recount activities at 9:00, two days after the voting day.
When recounting the votes, Territorial Electoral Commissions shall work without days off, from 9:00 to 18:00, unless the Commission passes a decision to extend the working hours.
8. Territorial Electoral Commissions shall recount the voting results in the order in which recount requests have been logged, in accordance with this Code’s requirements for summarizing the voting results in precincts.
9. The time for recount of voting results in each precinct may not exceed 5 working hours.
10. Based on the recount results, Territorial Electoral Commissions shall compile a protocol on the recount of voting results in the Precinct Electoral Commission. Commission members, observers and proxies may request copies of the summary protocols.
11. Persons, who, under this Code, have the right to be present in electoral commission sessions, shall have the right to be present at the recount of voting esults in Territorial Electoral Commissions. The absence of the person who had submitted the recount request shall not constitute a ground for either not holding the recount or terminating it.
12. The recount activities in Territorial Electoral Commissions shall stop at 14:00, five days after the voting day.
13. If a recount of votes in a precinct has been requested in violation of this Article’s provisions, the Territorial Electoral Commission shall turn down that recount request and shall not do the recount.