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Article 109
 

Counting the Votes



After the closing of the polls, the chairman, together with the members of the VCC, performs these acts in the following order:





Determines the number of persons who have voted according to the list of voters and records that number in the official records of the voting center;



Determines the number of ballots used, as indicated by the consecutive number on the ballot stubs; determines the number of unused ballot papers and puts them into an envelope;



Counts the spoiled ballots found in the envelope for spoiled ballots and deducts that number from the number of ballots used and checks that the number of ballots used corresponds to the number of voters who voted according to the list;



ç)  Ensures that the seal on the ballot box is the same seal that was placed on the box at the opening of the poll;



Opens the ballot box  and removes all the ballots;



dh) Counts and examines the ballot papers evaluating:

i)     the regularity of the ballot papers. The ballot paper is irregular when it does not have the same size, color or format as the ballot paper approved by the CEC, when the signatures contemplated by article 91 of this Code are missing; when part of the ballot bears signs that might disclose the identity of the voter, as well as notes in favor or against electoral subjects.

ii)     examines and assesses the votes for candidates and for political parties or coalitions, if the ballot paper is regular, and registers them in the official records according to their affiliation.

       The vote for a candidate is invalid when more than one candidate has been voted for, when none of the candidates has been voted for, when it is not clear who is voted for, or when a person who is not on the ballot has been voted for.

       The vote for a political party or coalition is invalid when more than one party or coalition has been voted for, when no party or coalition has been voted for, when it is not clear which is voted for, or when a party or coalition that is not on the ballot has been voted for.



When the chairman of the VCC declares a ballot paper as irregular or a vote as invalid  and his determination is objected to by a member of the VCC or a representative of an electoral subject, the VCC votes and makes a decision on this issue.  The chairman places a number on the back of the ballot and records the number in the official records, along with the nature of the problem and the reasons for the decision.  Any other member or representative may also add his written comments to the official record. These ballot papers shall be put into the envelope of contested ballot papers.



ë) After the count and registration of the votes, the valid and invalid ballot papers  shall be put into separate envelopes.



After counting the ballots, the chairman of the VCC completes the tabulation of results of the voting center and signs it together with all members of the VCC and the representatives of the electoral subjects who are present. All persons present, including Albanian and foreign observers, are provided with a copy of this tabulation.  If a member of the VCC or a representatives who is present objects to the tabulation, the VCC votes and makes a decision on the issue.  The chairman records the case in the official records, the nature of the problem and the reasons for the decision.  The final tabulation reflects the decision.  If any member or representative objects to the decision, he may add his comments to the official records.



At the conclusion, the chairman completes the official minutes concerning public order in the voting center, which include data on the cases of the incidents that occurred and in VCC decisions, information on the number of police who have intervened, their commander and the duration of the incident. The minutes with the respective objections, if there are any, is signed by all members of the commission.



The ballot papers sealed in their respective envelopes shall be placed in the ballot box. A copy of the tabulations is placed in a special envelope, which is not placed in the ballot box. The result is posted in a visible place at the voting center;



gj) The original copies of tabulations, the official records, and the seal of the VCC, as well as the decisions of the VCC together with the minority opinion about the tabulation of results of the voting center and the validity of the ballots, the envelopes with the ballots, unused ballots and stubs, are put into the ballot box.



Each ballot box is sealed and the identification number of the seal is recorded in the official records.



The chairman, the deputy chairman and the secretary of the VCC deliver the ballot box and the envelope containing the official records to the LGEC or ZEC within 24 hours from the close of the polls, in the manner prescribed by the LGEC or ZEC.  The LGEC or ZEC provides the chairman with a receipt.