Recount of voting results

1. The candidate included in the list of the political party running in the elections or the candidate for Head of the community or member of council of elders or the proxy, where they have been present at the process of summarising the voting results in the electoral precinct, as well as the PEC member — in case of making a record in the PEC results protocol on having a special opinion concerning the procedure of summarising the voting results — shall have the right to appeal against the voting results in the electoral precinct concerned in the manner and within the deadlines specified by this Code, filing an application for recount of the voting results at the electoral precinct (hereinafter referred to as “the recount”) to the TEC.
Application for recount of the voting results in the electoral precinct may be submitted only to the relevant TEC on the day following the Election Day, from 12:00 to 18:00 or on the second day following the Election Day, from 9:00 to 11:00.

2. Application for recount shall contain the name, surname, address of the applicant, and the number of the electoral precinct where the recount is requested, as well as the voting results (if several voting processes have been held simultaneously) for which the recount is requested.
Evidence on erroneous summarisation of the voting results may be attached to the application. The application for recount must be signed by the applicant.

3. Where several voting processes have been held simultaneously, a PEC member may submit an application for recount only with regard to the voting results, in the protocol of which he or she has made a record on having a special opinion.

4. Where several voting processes are held simultaneously, a separate application for recount of results of every voting shall be submitted.

5. TEC shall record the submitted applications for recount in the registration book, indicating the date of receipt.

6. Recount process shall start at 14:00 on the day of the deadline prescribed for the receipt of recount applications and shall be completed at 14:00 of the 5th day following the Election Day (hereinafter referred to as “the deadline for recount”). While carrying out the recount, the election commission shall work every day without days off, from 9:00 (except for the case prescribed by this part) to 18:00. The election commission shall continue the recount after 18:00 if it has failed to complete the already started recount for the electoral precinct, as well as in cases where it is not possible to complete the recount of the first priority of the voting results at the electoral precinct by working till 18:00, prescribed by paragraph 7 of this Article before the deadline for recount.

7. TEC shall recount under first priority the voting results of all those electoral precincts, concerning which the TEC believes that sound evidence on erroneous summarisation of the voting results has been submitted, as well as it shall recount the voting results of all those electoral precincts, the examination of protocols whereof (including examination of inaccuracy) has made the TEC to have doubts concerning the erroneous summarisation of the results. TEC shall as second priority recount the voting results of all those electoral precincts concerning which a recount application has been submitted and there is a record in the registration book of that PEC on impossibility to print a statement prescribed by point 3 of part 2 of Article 68 of this Code. For every turn, the TEC shall decide, by drawing of lots, upon the order of the recount of the voting results in electoral precinct.

8. Where the recount of voting results prescribed by part 7 of this Article has been completed before the deadline for recount, or no such results have been recorded, the TEC shall — based on the available applications for recount — decide, by drawing of lots, upon the order of the recount of the voting results in the electoral precinct.

9. Withdrawal by the applicant of the application for recount of the voting results in the electoral precinct shall not serve as a basis for not carrying out the recount.

10. The recount shall be carried out in accordance with the requirements prescribed by this Code for summarising the voting results in an electoral precinct, except for the number of stickers and numbered slips, and a protocol on the recount of voting results in the electoral precinct shall be drawn up, the lines indicating the “number of sticker allocated to the PEC” and the “number of numbered passes allocated to the PEC” shall be filled in with figures recorded by the PEC unless there are obvious mechanical mistakes found therein.
When carrying out recount, the validity of ballot paper shall be determined in accordance with the requirements of this Code.
Persons having the right to be present at the session of the commission shall, upon their request, be provided with copies of protocols on the recount of voting results in the electoral precinct.

11. Depending on the workload, the TEC may carry out recount of voting results of the electoral precinct with at least 3 members of the commission simultaneously. When carrying out recount of voting results with at least 3 members of the commission, the responsibilities of the chairperson of PEC prescribed by this Code for summarising the voting results shall be carried out by the deputy chairperson of TEC or the secretary of commission, and where they are not included in that composition — by the member appointed by the chairperson of TEC.

12. Duration of the recount of voting results of one electoral precinct may not exceed 4 hours.

13. Members of respective PEC, persons having the right to be present the sessions of the election commission, the candidate may be present during the recount process of voting results of the electoral precinct.

14. During the recount of voting results of the electoral precinct, the candidate, the proxy and the person having submitted an application for recount shall have the right to get familiar with the lists of voters having participated in the voting, along with other documents, to independently make extracts. Proxies, observers, mass media representatives may photograph, videotape the recount activities.

15. The absence of the applicant for recount shall not serve as a basis for not carrying out or terminating the recount.

16. The TEC shall reject the application for recount of voting results of the electoral precinct, and the recount shall not be carried out where the recount has been requested in violation of the provisions of this Article.