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Article 118
 

Summarisation of results of election of head of community


1. The district electoral commission shall, in the manner and within the time limits prescribed by Article 74 of this Code, summarise the election results and adopt any of the following decisions:


(1) on head of community being elected;
(2) on calling a repeat voting in separate electoral precincts;
(3) on declaring the election of head of community invalid;
(4) on declaring the election of head of community as not having taken place.


2. The candidate having received the maximum number of ballot papers with affirmative vote shall be elected as head of community. Where one candidate is voted on, he or she shall be elected where more than half of those participating in the voting have cast affirmative votes in favour of him or her.
Where 2 and more candidates have received an equal number of ballot papers with maximum affirmative votes, the elected candidate shall be determined by drawing of lots among them.


3. Where in the course of election such violations of this Code have taken place that might have affected the election results, the district electoral commission shall adopt a decision on holding a repeat voting in separate electoral precincts, where it is possible to remedy these violations by such measure. Where it is impossible to remedy these violations by such measure, elections shall be declared invalid, and a repeat voting shall be called.
4. Where in the course of repeat voting for elections or in the course of holding a repeat voting in separate electoral precincts, such violations of this Code have taken place that might have affected the election results, the district electoral commission shall adopt a decision on declaring the elections invalid and shall call a repeat voting.


5. Where the district electoral commission adopts a decision on holding a repeat voting in separate electoral precincts, the repeat voting shall be held on the 9th day following the adoption of this decision. In this case, the time limits prescribed by this Code for summarisation of results of elections of head of community shall be calculated from the day of repeat voting.


6. The election of a head of community shall be declared as not having taken place:


(1) where the only candidate voted on has failed to receive the required number of affirmative votes of electors;
(2) where no candidate has been registered within the time limit and in the manner prescribed by this Code for registration of candidates, or the number of candidates registered within the same time limit is less than 2;
(3) in case of death of one of the candidates before the end of the voting;
(4) in case of death of a candidate having received the maximum number of ballot papers with affirmative vote before the summarization of election results;
(5) in cases of death of the elected head of community or refusal to assume powers after the election, before assuming powers;
(6) where based on the results of repeat voting, elections have been declared invalid.


7. The chairperson of the district electoral commission shall — within a 5-day period after adopting a decision on the results of the elections of head of community — submit it to the marz governor.


8. In case elections of head of community are declared invalid, a repeat voting shall be held with the same composition of candidates, after 21 days following the voting day. Repeat voting with the same composition of candidates may be held only once.


9. The decision adopted by the district electoral commission based on the results of elections of head of community may be appealed against before the Administrative Court.