Summarization of Results of National Assembly Elections under Majoritarian System
1. Based on summary protocols on election results, the Territorial Electoral Commission shall summarize the election results by electoral districts in accordance with procedures and within the time frame set out in Article 63.1 of this Code and adopt one of the following decisions:
1) on electing an MP;
2) on declaring an MP’s election invalid;
3) on declaring an MP’s election failed.
If none of the above decisions is taken in accordance with procedures defined by this Code, then the decision, for which the largest number of commission members have voted, shall be considered taken. In the case if the number of votes is equal, the Commission Chairman shall have the decisive vote.
2. The candidate for whom the largest number of voters have voted, shall be considered elected an MP.
3. If only one candidate was running, he or she shall be elected if more than half of the voter who participated in the election voter for him/her.
4. If two or more candidates receive an equal maximum number of ballots voted for them, the winning candidate shall be determined by drawing a lot.
5. An MP’s election shall be declared invalid if:
1) the amount of inaccuracies is higher than or equal to the difference between the numbers of ballots cast for the two candidates for whom the highest number of ballots were cast, or, if only one candidate was running, the difference between the ballots cast for and against that candidate, which significantly affects the election results, i.e. it is impossible to reestablish the real results of the election and determine which candidate was elected;
2) violations of this Code have occurred during the preparation and conduct of elections, which may have influenced the outcome of the election.
6. An MP’s election shall be considered as failed, if:
1) the only candidate running in the election does not get the necessary number of voters to vote for him/her;
2) the candidate who received the largest number of ballots cast for him/her dies before the summarization of election results.
3) no candidate was nominated or registered within the timeframe and in accordance with procedures defined by this Code.
7. Within two hours of adopting a decision on summarization of election results, the Territorial Electoral Commission Chairman shall send a report about it to the Central Electoral Commission.
8. Disputes regarding the results of National Assembly elections under majoritarian system may be taken to the Constitutional Court within seven days of the official announcement of election results.
9. In the case if an MP’s election is declared invalid, re-voting in accordance with procedures established by this Code shall take place not earlier than 10 and no later than 20 days after the decision on declaring the elections invalid enters into effect.
If the results of re-voting in the National Assembly elections under majoritarian system are declared invalid, new elections shall be held not earlier than 30 and no later than 40 days after the decision about declaring the re-voting results invalid enters into effect.
10. In the case if an MP’s election is considered failed, new elections shall be held not earlier than 30 and no later than 40 days after the decision to consider the elections failed enters into effect.
10.1 In the case if elections are considered invalid or failed, the candidate’s electoral deposit shall be refunded.
11. New elections shall take place with new nomination of candidates and in accordance with the timetable set for extraordinary elections.
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