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Article 37
 

Procedure for determining election results
(as of 23/04/15)


1. Election results shall be determined by the CEC 20 calendar days at the latest following the election day, based on the protocols received directly from the TECs, by summing up the data contained in the protocols.

The CEC shall hold a mandatory final meeting to consider all complaints (statements) received in connection with violations that occurred during preparation and conduct of the elections and shall make a decision on each application (statement).

2. The CEC shall draw up a protocol on election results. The data from the received protocols shall be entered into the abovementioned one and shall serve as the basis for determining election results and the data on the number of lower ranking election commissions. The CEC shall also develop a summary table containing summary data of the lower ranking election commissions’ protocols.


3. The CEC shall declare elections failed:


1) if the number of votes cast for the candidate who has gained the biggest number of votes with regard to another candidate is less than the number of votes cast against all candidates. In this case repeat election shall be conducted;
2) none of the lists of candidates received the number of votes necessary for participation in the distribution of mandates;
3) if the number of votes cast for the list of candidates which obtained the biggest number of votes with regard to other lists of candidates is less than the number of votes cast against all lists of candidates. In this case repeat election shall be conducted;
The number of voters who participated in the voting is determined according to the number of signatures of voters confirming receive of official ballots.


4. TEC shall declare the voting returns at the election precinct invalid:


1) if, at the time of voting, counting and determining voting returns violations have taken place thus preventing the commission from establishing the voting returns with certainty;
2) if, at the time of voting, counting and determining voting returns violations have taken place, which affected the expression of will by the voters;
3) by decision of the superior election commission;
4) by court decision;
5) if the ballots found in the ballot boxes are invalidated.


In the event that voting returns at an election precinct are considered to be invalid, the election results shall be determined by the voting returns in the rest precincts. In the event that the voting results at the election precinct(s) are recognized invalid, which affects the election results; repeat voting shall be conducted at this election precinct(s) within two weeks from the date of appointing repeat voting by the respective election commission.


5. Violations in the voting procedure, vote counting, drawing up a protocol on voting returns at an election precinct in such a way that does not allow to determine the number of the votes received by each candidate and the list of candidates with certainty, shall be considered as violations that do not allow to determine the voting returns with certainty.Violations affecting the expression of the voters’ will during voting, counting and determining voting results at the election precinct; violations connected with campaigning on the election day; violations hindering exercise of electoral rights by citizens; violations impeding observing of the voting; voting for other voters; interference with activities of election commissions and bribing of voters shall be considered as violations that have affected the expression of the voters’ will.


6. The CEC shall recognize the election results null and void:


1) if voting results at certain election precincts covering more than one-third of the total voters participating in voting are declared invalid;
2) based on a court decision.