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Article 38

(Operations of polling stations and inter-polling stations)

  1. Once the poll has closed according to Art. 37, the polling station shall carry out the following operations, open to the public:

1)   Count unused ballot papers, which shall be sealed in a designated envelope;

2)   Count spoiled ballot papers which have been replaced during the voting and seal such ballot papers in a designated envelope;

3)   Count counterfoils of voting certificates of voters allowed to vote and seal such counterfoils in a designated envelope;

4)   Empty ballot boxes and count ballot papers without unfolding them;

5)   Place counted ballot papers in the ballot box: the ballot box shall be closed and sealed to be reopened in the inter-polling station as referred to in the following paragraphs.

  1. The operations described above shall be performed in the order indicated above, with no interruption until their final completion. Each of them shall be registered in the report.

  2. The polling station staff shall sign the report and any other document.

  3. Immediately after the completion of the operations described above, the ballot box containing voted ballot papers and the report referred to in paragraph 3 shall be brought by the Chairperson of the polling station to the inter-polling station.

  4. The inter-polling station shall be composed of the Chairpersons of at least three polling stations. One of them, whom the Electoral Commission has previously selected by draw, shall chair the inter- polling station. In the inter-polling station, in case of tied vote, the Chairperson shall have the casting vote. The youngest among the other Chairpersons shall serve as Secretary, the oldest as deputy Chairperson. The same rules shall be valid also if the inter-polling station is composed of only two polling stations. Scrutineers of all polling stations forming the inter-polling station shall also be part of the inter-polling station. A delegated decree shall establish the number of inter-polling stations per each voting area. In Townships with only one polling station, no inter-polling station shall be established. In this case, the polling station shall directly count the ballot papers voted in that polling station.

  5. The inter-polling station shall be established as soon as the operations referred to in paragraphs 1 to 3 are completed, and the material referred to in paragraph 4 is ready for the delivery. The operations of the inter-polling station shall be open to the public and one representative per list of candidates shall have the right to attend them.

  6. After the establishment of the inter-polling station, the Chairperson shall open one after the other the ballot boxes from the polling stations, and shall divide the ballot papers voted in the polling stations, in order to allocate to each polling station forming part of the inter-polling station an equal number of ballot papers. The Chairperson of the inter-polling station shall give the boxes containing the ballot papers to each polling station Chairperson. The report of the polling station counting the ballot papers shall indicate the number of ballot papers assigned to it.

  7. After the conclusion of the operations referred to in the previous paragraph, each polling station shall start counting the ballot papers assigned to it. First of all, it shall take the ballot papers from the box, one by one, and scrutinise the valid and invalid votes, as well as the blank ballot papers. Immediately afterwards, it shall count the number of votes received by each list. After this, the Chairperson shall announce the results of the lists and of the coalitions. Immediately afterwards, the polling station shall examine again all the ballot papers, one by one, to scrutinise the preferential votes received by each candidate.

  8. Once the counting of ballot papers has been concluded, the Chairperson of the polling station shall announce the result.

  9. The operations of the polling station shall be performed in the indicated order and with no interruption, until final completion. Each operation shall be registered in the report. The report shall be signed by the polling station staff and shall be put in a designated sealed envelope, together with all the material. The polling station staff shall sign the envelope.

  10. After the completion of these operations, the Chairperson of the polling station shall bring the envelope to the President of the Electoral Commission.