Counting the votes in voting stations
39.1 When voting hours end, the Precinct Election Commission chairperson announces: "only voters who have already received ballot papers and those in the voting compartments can vote".
39.2 Before opening the ballot box, Precinct Election Commission members count and cancel the unused ballot papers in the presence of observers in the voting station.
39.3 The number of unused ballot papers is announced and recorded in the final protocol of voting results. The Precinct Election Commission chairperson then examines the stamps and seals of the ballot boxes, shows these to the Precinct Election Commission members and observers and opens the ballot boxes.
39.4 Ballot boxes are opened one by one: first the mobile ballot boxes, then the others.
39.5 Ballot papers in the mobile ballot boxes are counted first. The number of ballot papers must not be more than the number of requests. When counting ballot papers from a mobile ballot box, if the number of ballot papers is more than the number of requests, then all ballot papers in the mobile ballot box are considered to be invalid by decision of the Precinct Election Commission. A report on this, which includes a list of the surnames of the commission members that accompanied the mobile ballot box, is attached to the final protocol.
39.6 When counting the votes, the following types of ballot papers are first separated: ballot papers of indeterminate form, ballot papers that are not officially produced ballot papers, ballot papers that have not been verified by the Precinct Election Commission and ballot papers which are considered to be invalid.
39.7 If the voting intention of the voter is clear, the ballot paper is valid.
39.8 If there are doubts about the validity of a ballot paper, the Precinct Election Commission votes to determine if the ballot paper is considered valid.
39.8 9 If a decision is made to consider a ballot paper invalid, reasons for the decision are recorded on the reverse side of the ballot paper. This record must be approved by the signatures of at least 3 Precinct Election Commission members.
39.9 10 Invalid ballot papers are packaged separately.
39.10 11 Counting of votes by the Precinct Election Commission chairperson, in the presence of Precinct Election Commission members, continues without a break until the count is finished. All Precinct Election Commission members and observers are advised of the results of voting.
39.11 12 The Precinct Election Commission prepares a protocol on voting results. The protocol contains the following information:
total number of voters on the voters list (including in separate columns -, on the additional lists);
number of ballot papers transferred to the Precinct Election Commission;
number of ballot papers issued to voters in the voting station on election day;
number of ballot papers issued to voters who requested mobile ballot box;
number of ballot papers cancelled;
number of ballot papers inside the ballot box in the voting station (except ballot papers not in the defined form);
number of valid ballot papers (as per 17th point of 50th article of this law, ballot papers cast against all candidates are considered valid) NOTE: NO 50TH ARTICLE IN THIS LAW
number of ballot papers in the mobile ballot boxes (except ballot papers not in the defined form)
number of invalid ballot papers (including in separate columns – ballot papers not in the defined form and blank ballot papers);
names, surnames, fathers’ names of the candidates who appear on the ballot papers, and if more than one of the abovementioned has the same name, additional identifying information about them.
the number of votes cast for each candidate.
39.12 13 The final protocol on the results of voting is completed in 3 copies (using carbonised paper) with the participation of Precinct Election Commission members and in the presence of observers, and is signed by the Precinct Election Commission members. Voting results are recorded in the protocol in words as well as in figures.
39.13 14 If a Precinct Election Commission member does not agree with the protocol or some parts of it, he/she can add his/her opinion to the protocol, and this is noted in the protocol.
39.14 15 It is prohibited to complete a protocol on voting results in pencil or to make corrections on it. If a superior election commission has doubts about the protocol from a Precinct Election Commission, it can apply to the relevant court for a recount of the votes in that Precinct Election Commission. The court must make a decision on this application within 12 hours.
39.15 16 Votes are recounted by the Precinct Election Commission in the presence of superior election commission members.
39.16 17 To the first copy of the protocol are attached complaints and (applications) about violations of this law received by the Precinct Election Commission and decisions made by the Precinct Election Commission in respect of these complaints and applications. Copies of the complaints (applications) and decisions approved by the Precinct Election Commission members are attached to the second copy of the protocol.
39.18 The second copy of the protocol, the packaged and sealed ballot papers, the torn off left corners of these ballot papers, the list of observers and representatives of the mass media who observed the count, are preserved by the secretary of the Precinct Election Commission until the Precinct Election Commission’s finishes its activities.
39.17 19 The Precinct Election Commission approves and sends the first copy of the protocol to the relevant Territorial Election Commission within the 24 hours after election day. The third copy of the protocol is displayed in the voting station, according to the rules determined by the Central Election Commission, for general information of observers and representatives of the mass media.
39.18 20 Election documents and ballot papers must be sent to the relevant Territorial Election Commission not later than 10 days after election results are officially announced.
