Home > 1.3.2.4 Aggregation procedure and election results > KYRGYZ REPUBLIC - On Presidential and Jogorku Kenesh Elections
 
 
 
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Article 35
 

Procedure for determining voting returns by precinct election commissions
(amended as of 23/04/15)


1. Upon expiration of the voting time, Chairperson of a PEC shall announce that ballots can be obtained and voting possible only for the voters present in the voting premises.

2. Counting of votes shall be carried out openly and publicly, exclusively by members of the PEC at the meeting thereof. The results of all consequent activities connected with counting of ballots and votes shall be announced, and appropriately recorded in the Protocol on Voting Results and in the enlarged form thereof (which shall be posted at the place designated by the election commission).

In the course of counting votes and establishing voting results, representatives of candidates, political parties, observers and mass media representatives may make pictures, filming and video recording.


3. Counting of votes shall begin immediately after completion of the voting and done without interruption until voting returns are established in the premises where the voting was held. The place, where votes are counted must be equipped in such a way as to ensure access to it for all members of the PEC and representatives in election commissions. All persons present during the counting must have the possibility of seeing actions of the PEC members.
In case of concurrent elections of various levels, counting of presidential election votes shall take place first of all followed by counting of votes for Jogorku Kenesh deputies, deputies of local keneshes.


Members of the PEC, except for Chairperson and secretary thereof, shall not be permitted to use writing implements during vote counting.


4. Members of the PEC responsible for handing out ballots, shall count the remaining unused ballots, invalidate them by cutting the lower right-hand corner (at that no damage to the fields (squares) located to the right of the registered candidates’ personal data and the lists of candidates shall be allowed) and hand them to the Chairperson of the PEC according to the register. The procedure shall be completed with drawing up of a statement. All non-used ballots remaining in the safe of the PEC shall be invalidated in the same manner. All cancelled ballots shall be counted and packed into a package, which then shall be sealed with the stamp of the PEC and signed by its members. A “Cancelled ballots” note shall be written on the package besides the amount of the ballots and the number of the election precinct.


The number of all cancelled ballots, which is defined as the sum of the number of unused ballots and ballots, which were returned by voters due to errors/mistakes made during their marking (spoilt) shall be announced and recorded in the counting results Protocol and its poster-size copy.


5. Prior to counting of votes, the members the PEC responsible for registration of voters, must indicate the respective summarized data on every page of the voter list.


After indication of the summarized data, each page of the voter list shall be signed by a member of the PEC, who then shall sum up all data and transfer to the Chairperson of the PEC. On the last page of the voter list Chairperson and secretary of the PEC shall write down the summarized data defined as the sum of data on all pages of the voter list, and shall certify them with their signatures and a stamp of the PEC. After the work with the voter list
Chairperson of the PEC shall offer the persons present to get familiarized with them. After this, the voter list shall be put into the safe (box).


The number of the ballots issued to the voters is additionally checked against the number of the cheques.


After the work with the voter list, an Act is compiled on a number of ballots issued to the voters. The copy of the Act certified with the signature of the PEC chairperson and the PEC stamp, is subject to handing to the candidates, representatives of candidates and political parties, media, observers. Then these figures are recorded in the poster-size copy of the results protocol.


6. A PEC shall start counting ballots contained in the mobile ballot boxes. Members of the PEC, who have conducted mobile voting, shall demonstrate the integrity of the seals, open the mobile ballot boxes one by one, then take out the ballots and control sheets with the signatures of the PEC members and the persons, who were present when the sealing of ballot boxes took place. The Chairperson of the PEC shall demonstrate the control sheets.


Opening of each mobile ballot box shall be preceded by the announcement of the number of voters, who have voted with the use of this mobile ballot box. Counting of ballots in each mobile ballot box for shall be done separately. If it is determined that the number of ballots in the mobile ballot box is bigger than the number of voters’ applications containing the mark of the number of the received ballots, all ballots available in the mobile ballot box shall be recognized invalid by a decision of the PEC and cancelled by cutting the lower right-hand corner. In this case, a statement shall be drawn up to be attached to the Protocol on the voting returns, in which the surnames and initials of the PEC members shall be indicated, who have arranged mobile voting. These invalid ballots shall be packed and sealed separately, and the number of the election precinct, box number and the amount of ballots shall be written on the package, including explanatory note “Invalid ballots taken from the mobile box for voting»,


The ballots, taken out of the mobile ballot boxes are cast into the ballot boxes.


7. Ballots of a non-established form (unofficial ballots) shall not be taken into account in vote counting. Ballots with the content and (or) form not corresponding to the ballot text and form established by the CEC shall be deemed unofficial ballots.


8. If the automatic scanning ballot boxes have been applied, the PEC chairperson immedeiately before start of counting the votes announces preliminary counting results based on the data of the automatic scanning ballot boxes. This is recorded in a special Act, which is attached to the results protocol and announced for all the PEC members, representatives of candidates, political parties, media, and observers present.


The automatic scanning ballot boxes shall not provide for a possibility to disclose secrecy of the vote during the whole voting period, and cannot be switched to wire- and wireless networks. Receiving the data on voting results from the automatic scanning ballot boxes is provided only according to a PEC decision after 8 pm on election day. Chairperson of the PEC shall announce the start of counting ballots contained in the ballot box, shall demonstrate the integrity of the seals and open the ballot box. Members of the PEC shall take out ballots and control sheet with signatures of the PEC members and other persons, who were present in the morning when the ballot boxes were sealed. Chairperson of the PEC shall demonstrate the control sheet.


The ballots after their taking out of the ballot box are counted, and the results are recorded into the counting results protocol.


The number of the ballots found in the ballot box shall be equal to or less than the number of ballots, issued to the voters. If the number of the ballots found in the ballot box is greater than the number of the ballots issued to the voters, the PEC shall undertake the measures to clarify and dismiss the reasons thereof.


If after clarifying and dismissing the reasons, the number of valid ballots found in the ballot box is greater than the number of the ballots issued, the PEC takes a decision to invalidate all the ballots found in the ballot box and cancel them by cutting off their right lower corner.


9. Members of the PEC shall sort out ballots from mobile and stationary ballot boxes according to the votes cast for each candidate, lists of candidates, the «Against all candidates» position and simultaneously put aside ballots of a non-established form and invalid ones. When sorting ballots, members of the PEC shall announce the marks of voters contained in the ballots and provide the ballots for visual inspection to all those present at the counting process.


10. Representatives of candidates, political parties and observers shall have the right to get familiarized with the sorted out ballots under the supervision of the PEC members.


11. Then votes shall be counted based on the ballots of the established form separately for each candidate, the list of candidates and the “Against all” position. The sorted out ballots shall be counted out aloud and shifted one by one from one pack to another so that the persons present during the counting procedure could hear or see the mark of a voter in the ballot. Simultaneous counting of ballots from different batches shall not be allowed. The obtained data determined based on the appropriate voters’ marks (votes) in the ballots cast for each candidate, list of candidates and the “Against all” position shall be entered into the Protocol on the voting returns and the enlarged form thereof.


12. Invalid ballots shall be counted and summed up separately. The ballots by which it is impossible to determine the will of the voter, as well as invalid ballots from the mobile ballot box (if there was a fact of taking ballots from the mobile box in the number exceeding that of voters’ applications containing a mark regarding the number of the received ballots) shall be considered invalid. Ballots that do not bear the protection symbol established by the CEC and which are not sealed by the stamp of the PEC, and do not contain other established marks, shall be attributed to those invalid ones. In case of doubts regarding recognition of a ballot as invalid, the PEC shall solve the problem by voting. The reasons for ballot invalidity shall be indicated on the reverse side of the ballot and the record shall be confirmed by signatures of the Chairperson and the secretary of the PEC and certified with the seal of the commission. The total number of invalid ballots shall be entered into the protocol on the voting returns and in the enlarged form thereof.


13. Members of the precinct elections commission shall count, announce and enter the number of valid ballots into the protocol on voting returns and into its enlarged form. The number of valid ballots shall be determined based on the voters’ marks, by which expression of voters’ will can be determined.
14. Chairperson of the PEC shall invite all those present at the vote counting to get visually familiarized with the ballots under supervision of the PEC members. In case of mismatch the results from the automatic scanning ballot box and the results of manual count, at the request of a representative of a candidate, political party or an observer to recount votes, the ballots shall be recounted and such representative of a candidate, political party or the observer shall participate in the recounting and shall be able to exercise visual control. Recount of ballots shall be performed out aloud.
The counting results are established on the base of the manual count.


15. After that, check of control correlation of the data entered in the Protocol on the voting returns shall be performed according to the procedure approved by the CEC.


16. After vote counting a PEC shall hold a mandatory final meeting to examine complaints (statements) on violations of the voting and vote counting and to make decisions on each claim (statement). Then members of the PEC and applicants, who agree with the decisions made by the PEC on the complaints (statements) shall sign the Minutes of the final meeting of the PEC. While signing the Minutes of the final meeting of the PEC, members of the PEC, who disagree with the content of the Minutes, may enclose their individual opinion therewith and the appropriate record shall be made in the Minutes After drawing up the Protocol on the voting returns, the sorted ballots and voter lists shall be packaged in separate packages, with the number of the election precinct, the amount of ballots and the names of the voter lists specified. Packages shall be sealed and signed by members of the PEC and placed into a separate bag or box. The number of polling station and a list of documents contained inside are indicated on the bag or box. The bag or box shall be sealed and signed by the PEC members. Ballots and voter lists shall be packed and placed into the bag or box in the presence of the representatives of candidates, political parties and observers, who shall be given the opportunity to put their signatures on the bag or box. A package, bag or box can be opened only by decision of the superior election commission or court.


17. The protocol on the voting returns shall be filled out in two copies and signed by all the present PEC members specifying the date and time (hour, minutes) of its signing. The protocol shall be valid, if it is signed by the majority of the PEC members. When signing the protocol, PEC members, who disagree with the content of the protocol, may enclose their individual opinion with the protocol and the appropriate record shall be made in the protocol.


18. After signing of the Protocol on voting returns the PEC shall immediately announce the voting returns in front of all the members of the commission, representatives of candidates, political parties, observers, mass media.


19. After signing, the first copy of the Protocol on the voting returns and electoral documents including ballots, voter lists, complaints (applications), decisions taken and acts drawn up by the PEC shall be promptly brought to the TEC by the Chairperson or one of the members of the PEC accompanied by representatives of candidates and political parties.


20. The second copy of the Protocol and the stamp of the PEC shall be kept by the secretary thereof responsible in conformity with the law for their reliability and safety until the end of the commission’s work.


21. The enlarged form of the Protocol on voting returns shall be posted for public inspection in the place designated by the PEC and kept until the end of operation of the PEC.


22. The secretary of the PEC shall, without any delay, issue a copy of the Protocol on voting returns with the seal affixed, to each person present at counting of votes.


23. The voting results in breakdown of each polling station, as well as the list of voters, who voted, are posted at the CEC website within 3 calendar days as well as at the announcement boards in front of the polling stations.