Download file    
 
 
Article 138
 

Examination of election materials

1. For purposes of an administrative investigation, the CEC, when it has accepted the request of the parties or upon the request of two of its members in accordance with the provisions of point 3 of article 136 of this Code examines documents and election materials that are inside the box of election materials and/or ballot boxes and the ballot papers, as well as any other election documentation or materials. When the election materials are inside the boxes with security seals, their opening and resealing is to be performed according to the procedures provided by 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 re-sealed. 

2. The examination of the election materials is performed in the presence of the parties and the public. After the examination of the election documents and/or materials, the parties have the right to present their assessments and claims. The evidence found is recorded in the official record of the CEC meeting. 

3. When the CEC, upon the request of parties or on its own initiative, finds that a recount and/or re-evaluation of certain ballots is needed in order to make a decision, it conducts, in the presence of the parties, a recount and/or a re-evaluation of the votes and reflects the conclusion in the official record of the CEC meeting and in its respective decision. If the request for the recount and/or re-evaluation of certain votes is made by two of its members, the CEC is required to perform the recount and/or re-evaluation of the requested votes. 

4. In case of 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. The investigation is not limited only to an external examination of the box by evaluating the entire facts and circumstances that have led to the evaluation of the box as an “IRREGULAR BOX”, but also whether such irregularities have affected the electoral material. If the CEC, upon its own initiative or upon the request of the electoral subject, takes a decision that they are regular boxes, the CEC performs the initial counting of the ballots in these boxes. 

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.