ANNULMENT AND REPETITION OF VOTING

(1) The State Election Commission shall pass a decision either ex officio, or based on a filed complaint, and annul the voting at the polling station in the following cases:

• if the Election Board fails to conduct the voting in the manner defined by this Code;


• if the secrecy of vote has been violated;


• if the voting has been suspended for more than three hours;


• if the police failed to respond to the request for intervention made by the Election Board when needed, which affected the conduct of voting in the polling station;


• if the number of ballots in the ballot box is higher than the number of voters who cast their vote; and


• if any person or persons have voted for other persons.

(2) When deciding upon complaints, the State Election Commission is required to inspect the overall election material in the cases stipulated in items 1, 2, 5 and 6 from paragraph (1) of this article, if the facts which are referred to have been entered in the protocol.

(3) The State Election Commission shall pass a decision to repeat the voting in the cases stipulated in paragraph (1) of this article at the polling stations where the voting has been annulled, only if the total number of voters registered at those polling stations at the level of electoral district, city, i.e. municipality has an impact on the overall results.

(4) The decision from paragraphs (1) and (2) of this article may be appealed to the Administrative Court through the State Election Commission, within 24 hours from the receipt of the decision.

(5) The Administrative Court must decide on the lawsuit within 48 hours of its receipt.

(6) The voting at the polling station that has been annulled shall be repeated 14 days after Election Day.