§ 41. Taking votes cast during advance polls outside division of residence and electronically into account
(1) A division committee shall pack the envelopes with the ballot papers of voters who voted outside the polling division of their residence by county and by the cities of Tallinn and Tartu and shall separately pack the envelopes with the ballot papers of voters who permanently reside in a foreign state but voted in Estonia, and shall forward the envelopes to the electoral committee of the country of its location.
(2) The county electoral committee shall forward the envelopes with ballot papers specified in subsection (1) to the electoral committees of the appropriate counties through the National Electoral Committee not later than on the second day before the day of the referendum.
(3) After the close of electronic voting, the National Electoral Committee shall prepare a list of persons who voted electronically by polling division and shall forward the list to the county electoral committees not later than on the second day before the day of the referendum.
(4) A county electoral committee shall forward the envelopes received pursuant to the procedure provided for in subsections
(2) and (3) from other county electoral committees and the envelopes with the ballot papers of persons who voted in foreign states and on board ships received from the National Electoral Committee and the lists of persons who voted electronically to the appropriate division committees not later than on the day before the day of the referendum.
(5) If a division committee has received the envelopes with ballot papers and the list of persons who voted electronically pursuant to the procedure prescribed in subsection (4), the committee shall verify whether the voters are entered in the polling list of the polling division and whether they voted several times. At least three members of the division committee shall be present during the verification of ballot papers.
(6) If a voter has not been entered in the polling list of a polling division or has voted several times, the division committee shall not take into account any of the ballot papers of the voter received pursuant to the procedure prescribed in subsection (4). If a person has voted several times, including electronically, the division committee shall promptly send a corresponding notice to the National Electoral Committee. On the basis of the notice, the National Electoral Committee shall not take into account a vote cast electronically by the voter. If the voter has not voted in the polling division of his or her residence, a member of the division committee shall make a notation in the polling list concerning voting at the advance polls.
(7) After performing the acts prescribed in subsections (5) and (6), the division committee shall open the outer envelopes, deposit the inner envelopes with ballot papers in the ballot box used at the advance polls and seal the opening of the ballot box again.
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