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Article 138

1. For the purpose of administrative investigation, the CEC, when it has accepted the request of the parties or in accordance with the provisions of point 3 in article 136 of this Code, examines the documentation and election material that are found inside the box of election materials and/or ballot boxes and the ballot papers, as well as any other documentation or other election material. If the election material is inside the boxes with security seals, they shall be opened and resealed according to procedures provided for in this Code for the opening and closing of the boxes, by showing and recording the codes with which the respective boxes are sealed by the CEAZ, as well as the numbers with which they are reclosed.

2. The election material is examined in the presence of the parties and the public. After the examination of the election documentation and/or material, the parties have the right to present their assessments and claims. The evidence found is recorded in the minutes of the CEC meeting.

3. When the CEC, upon the request of parties or upon its own initiative, deems that a recount and/or re-evaluation of certain votes is needed in order to make a decision, it shall recount and/or re-evaluate the votes, in the presence of the parties, and shall reflect the conclusion and its respective decision in the minutes of the CEC meeting. Certain votes are votes identified or contested, according to procedures set out in articles 116 and 118 of this Code, which evaluation or number has been contested during the counting process, as well as the votes of the table of the contested result, according to point 2 of article 119 of this Code. If the request to recount and/or re-evaluate certain votes is made by two members of the CEC, it is obliged to perform the recount and/or re-evaluation of the requested votes. 4. When the object of the complaint are ballot boxes found to be “IRREGULAR BOXES” by the CEAZ, in accordance with article 115 of this Code, the CEC is obliged to conduct an administrative investigation during the examination of the complaint for that electoral zone, according to article 124 of this Code. The investigation is not limited to examining the box externally by evaluating the entire facts and circumstances that have led to the evaluation of the box as an “IRREGULAR BOX”, but also whether these irregularities have affected the electoral material. If the CEC, upon its own initiative or upon the request of the electoral subject, makes a decision that the boxes are regular, the CEC conducts the initial counting of the votes in these boxes.
The voting in those voting centres whose box/es have been evaluated as “IRREGULAR BOXES”, according to article 115 of this Code, and no complaint has been made against them according to article 124, is considered invalid.

5. The CEC decisions, taken in accordance with points 3 and 4 of this article, may be appealed together with the decision of the CEC.