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Article 46
 

Organising the activities of electoral commission


1. Activities of electoral commission shall be managed by the chairperson of the commission or — upon the assignment of or in the absence thereof — by the deputy chairperson of the commission, and in case of a precinct electoral commission — by the secretary of the commission.


2. The chairpersons of the Central Electoral Commission and district electoral commissions shall prescribe the schedule for holding regular sittings. Precinct electoral commissions shall convene regular sittings within the time limits prescribed by this Code.


3. Extraordinary sittings of the Central Electoral Commission and the district electoral commission shall be convened by the chairperson of the commission — on his or her own initiative or upon written request of at least 1/3 of members of the commission — within the time limits indicated thereby, notifying the members of the commission through available means of communication. An extraordinary sitting of the precinct electoral commission shall be convened by the chairperson of the commission upon request of the chairperson of district electoral commission.


4. The sitting of the electoral commission shall have quorum if attended by more than half of members of commission. Members of commission shall be obliged to participate in the voting. A decision shall be adopted if more than half of the number of attending members of the commission vote for that decision, except for cases prescribed by this Code.


Besides the members of the Commission, the head of Oversight and Audit Service may also put forward items on the agenda of a sitting of the Central Electoral Commission, within the scope of the competence reserved to the Service, as well as the head of staff of the Commission — as regards the financial and economic issues.


5. In the event of a tie during adoption of a decision on the election results, the chairperson of the commission shall have the casting vote.


6. Electoral commissions receive a registration book with numbered pages, sealed by a higher level commission.


The requirements with regard to the registration book, as well as the procedure for filling it in shall be prescribed by the Central Electoral Commission.


7. The registration book shall be used to record information on participation of the members of the commission in the sittings, as well as on presence of persons having the right to attend the sittings. The records shall be signed by the members of commission attending the sitting.


8. Members of electoral commissions, persons, the specialist having the right to attend the sitting of the commission (including on the voting day, in the voting room) (except for the voters and the police officers on duty at the polling station) shall be obliged to mandatorily carry visible identification badges on their outer clothing, certifying their right to be present. The chairperson of commission shall prohibit the presence of persons not having the right to be present at electoral commissions and during the voting also in the voting rooms, as well as of persons without a relevant identification on their outer clothing at the electoral commission (in the voting room).


9. Members of electoral commission shall be obliged to participate in the sittings of the commission.


10. Carbon copies of the decisions, protocols and records of registration books, as well as extracts therefrom (except for extracts from the lists of electors having participated in the voting, during the recount) shall be sealed and signed by the chairperson and the secretary of commission. Documents received from precinct electoral commission shall be sealed only on the voting day or on the day following the voting day prior to handing the seal over to the district electoral commission.


(Article 46 supplemented by HO-119-N of 30 June 2016, amended by HO-158-N of 20 October 2016 )
(Amendments to Article 34 shall be applied upon the entry into force of the Law of HO-158-N of 20 October 2016, starting from the first round of election of the National Assembly)