Home > 1.3.2.3 Counting procedures/validity of ballots > KYRGYZ REPUBLIC - Joint Opinion on the Draft Law on Presidential and Parliamentary Elections, The Draft Law on Elections to Local Governments and the Draft Law on the Formation of Election Commissions
 
 
 
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III. DISCUSSION OF THE DRAFT NATIONAL ELECTIONS LAW AND THE DRAFT ELECTION COMMISSIONS LAW


T. Determination of election results


Article 35(6) requires that all ballots in a mobile ballot box be invalidated if the number of ballots in the mobile ballot box exceeds the number of voter applications for use of the mobile ballot box. It is questionable whether the existence of one extra ballot is a sufficient justification for invalidating all mobile ballots. The better practice may be to note any discrepancy in the number of mobile ballots in the protocol, thereby preserving an evidentiary basis for later consideration should there be the mathematical possibility that an extra ballot in the mobile box could have affected the determination of the winner in the constituency. Two practical considerations should be noted on this issue. First, the possibility should not exist to invalidate all mobile ballots by simply dropping an extra ballot in the mobile box. Secondly, if it is logically sound to have a legal presumption of fraud based on one extra ballot in the mobile ballot box, then it is logically sound to have a presumption of fraud based on one extra ballot in a regular ballot box.The Venice Commission and OSCE/ODIHR recommend that consideration be given to amending Article 35(6) to address these concerns.