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Article 113
 
Procedures for the Recount


At the time and place fixed for the recount, the Chairman and Deputy Chairman of the ZEC or LGEC:



check that all ballot boxes and records are put in a visible place;

begin the recount from voting center number 1 and continue in consecutive order with the recount of all ballots of all voting centers;

examine the ballot boxes one by one.



Before opening a ballot box, the chairman and deputy chairman check whether the seal on the ballot box is the same seal that is recorded in the official records of the LGEC or ZEC.  If the seal is not the same, the box must not be opened.

After it is confirmed that the seal on the box is the same, the recount proceeds, in full view of all those present and in the following order:



The secretary opens the box and removes the official records, tabulations and seal of the VCC and checks that the materials are the proper documents for that voting center;

The secretary removes the envelopes containing the ballots counted at the voting center, the envelopes containing the invalid ballots and the envelopes containing the ballots spoiled during the voting, as well as unused ballots and stubs;

The chairman and the deputy chairman confirm the information in the tabulations regarding the the number of unused ballots, the last ballot stub number, the number of spoiled ballots and the number of contested ballots.  The chairman and deputy chairman place those materials in the envelope designated for that purpose and enter that information on the recount official record;

ç)  Without inspecting the ballots, the chairman and deputy chairman open the envelopes containing the ballots and place them in piles that correspond to the envelope from which they were removed.  The ballots contained in each envelope are counted and the result is compared with the number recorded in the voting center tabulation.  If there is a discrepancy, the number of ballots found in the envelope during the recount is considered the correct number;


After confirming the number of votes according to the tabulation of the voting center, the chairman and deputy chairman continue with the examination of all ballots, checking whether the ballot was sealed and signed according to article 91 of this Code, and they declare for whom the ballot has been marked.  During the recount, the chairman and deputy chairman exercise the competencies of the VCC and may alter the decision of the VCC as recorded in the official records;

dh) During the examination  of a ballot that was  contested by one or more members of the VCC or one or more representatives, or was rejected by the VCC during the count, the chairman and deputy chairman examine all the objections and comments regarding that ballot paper as found in the official records.  After making a decision regarding the ballot in question, the chairman and deputy chairman explain the respective reasons, which are recorded in the record of the recount proceedings;


After the examination  of all ballots in the ballot box, the chairman and deputy chairman declare the results of the voting center and complete the recount official record for the voting center; they sign it, together with the secretary and place all materials back in the ballot box, together with a copy of the recount official record; they seal the ballot box, and begin the same procedure for the next voting center;

ë)  Prior to sealing the ballot box according to letter “e” of this article, the chairman and deputy chairman allow representatives of the electoral subjects, the candidates and members of the electoral commission to examine the official records concerning the voting and take notes. 


Following the recount of all ballots for the entire electoral unit and the completion of the recount official record for each voting center, the chairman and deputy chairman complete the recount tabulation, a copy of which is provided to all persons present.



In all cases when the chairman and deputy chairman fail to make a decision, the decision is taken by a majority of votes of all members of the ZEC or LGEC, including the chairman and deputy chairman.

The CEC drafts the forms that are used in this chapter.