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Article 438
 

(1) After the ballot box is opened and the ballots are extracted, the ballots for each type of election shall be segregated in piles as follows:


1. a pile of ballots which do not conform to the established standard design for the respective constituency;
2. a pile of ballots with special symbols, such as letters, numbers or other signs, written thereon; written therein, and, upon elections of municipal councillors, ballots with preferences marked with a sign other than an aXa or a aVa, and placed by means of a ballpoint pen not writing in blue ink;
3. a pile of ballots conforming to the established standard design whereon the vote of the voter is not marked by an aXa or a aVa and by means of a ballpoint pen writing in blue ink;
4. a pile of ballots conforming to the established standard design whereon the vote of the voter is not marked;
5. a pile of ballots conforming to the established standard design:


(a) whereon a vote is marked with an aXa or a aVa or with another sign, placed by means of a ballpoint pen writing in blue ink or in another colour, for two or more candidate lists, or with an aXa or a aVa placed which runs into more than one voting square and it is impossible to determine unequivocally the choice of the voter;
(b) with preferences marked for a candidate for municipal councillor with a sign other than an aXa or a aVa, and placed by means of a ballpoint pen not writing in blue ink.
(c) whereon the vote of the voter is not marked with an aXa or a aVa and by means of a ballpoint pen writing in blue ink, or
(d) which do not contain two impressions of the seal of the competent section election commission; any such ballots shall be cancelled by means of an inscription aCancelleda on each ballot;


6. a pile of ballots conforming to the established standard design:


(a) whereon a vote is marked with an aXa or a aVa, placed by means of a ballpoint pen writing in blue ink, for one candidate list for municipal councillors without preference or with one or more than one preference;
(b) whereon a vote is marked with an aXa or a aVa and placed by means of a ballpoint pen writing in blue ink, for one candidate list for mayor;
(c) which contain two impressions of the seal of the competent section election commission;


7. (new, SG No. 39/2016, effective 26.05.2016) a pile of ballots conforming to the established standard design:


(a) whereon a vote is marked with an aXa or a aVa or with another sign, placed by means of a ballpoint pen writing in blue ink, in the aNone Of The Abovea square;
(b) which contain two impressions of the seal of the competent section election commission.


(2) The ballots shall be examined one by one in order to count the preferences, including under Article 437 (5) herein, for the candidates for municipal councillor of the parties and coalitions.


(3) Where the validity or invalidity of any vote is disputed, after a decision of the commission the case shall be described in a memorandum. The said memorandum shall be attached to the tally sheet of the section election commission, and the number of the decision, the grounds for invalidity shall be noted on the reverse side of the ballot, and the chairperson and the secretary shall sign.