III. DISCUSSION OF THE DRAFT NATIONAL ELECTIONS LAW AND THE DRAFT ELECTION COMMISSIONS LAW

T. Determination of election results

Article 36 regulates the procedure for determining the election results by territorial election commissions. Although Article 36 states that the information in the protocols of the territorial election commissions shall include the information stated on the protocols of the PEC, there is no explicit requirement that the Article 36 protocol information be broken down by precinct level. This degree of detail is necessary for territorial election commission protocols to enable citizens and observers to track results and locate specifically where mistakes or potential fraud has occurred in case the numbers are unlawfully changed during the tabulation processes. The Venice Commission and OSCE/ODIHR recommend that Article 36 be amended to clearly state that the summary table required by Article 36 provide all information broken down to the precinct level. This will allow the opportunity to trace results from the lowest level of voting through the tabulations at each level of election commission, including the CEC. Accordingly, Article 37, which regulates the content of the CEC protocol, should be amended as well to ensure that the “summary table on summary data of the protocols of the subordinate election commissions” is broken down by each precinct and territorial election commission.