Home > 2.3 Observation > KYRGYZSTAN - Law on Elections of the President of the Republic and the Deputies of the Jogorku Kenesh
 
 
 
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Article 35
 

The procedure for determining the results of voting by precinct election commissions.


1. After the time of voting is over, the chairperson of the precinct election commission shall announce that only voters who are in the voting hall shall receive ballot papers and vote.


2. Votes shall be counted openly and publicly exclusively by the members of the precinct election commission at its meeting, with a following announcement and appropriate registration in the protocol on the results of voting and in its enlarged form (which is displayed at the place determined by the election commission) of all the results of the performed actions for counting ballots and votes.


In the process of vote counting and determining the results of voting photos, filming, videotaping may be made by the representatives of candidates, political parties, observers and representatives of the mass media.


3. The counting of votes shall begin immediately after the end of voting and is conducted without interruption until the results of voting are determined in the same hall where the voting was held. The place where the votes are actually counted shall be equipped in such a way that it is accessible to all members of the precinct election commission and representatives in the election commissions. In doing so, full observation of the actions of the members of the precinct election commission must be ensured to all persons present during the counting.


In case of combination of elections of different levels, votes shall first be counted for the presidential elections and then for election of deputies of the Jogorku Kenesh or deputies of local keneshes.


The members of the precinct election commission, except for the chairperson and the secretary of the precinct election commission, shall be prohibited to use stationery when counting votes.


4. The members of the precinct election commission responsible for the distribution of the ballots shall recalculate the remaining unused ballots, cancel them off by cutting the lower right corner (in this case damaging the squares placed to the right of the information about the registered candidates or lists of candidates shall not be allowed) and hand them over to the chairperson of the precinct election commission on the basis of a worksheet about which an act shall be drawn up. The same procedure shall be applied for unused ballot papers left in the safe of the precinct election commission. All cancelled ballot papers are counted and packed in a bag, which is sealed with the stamp of the precinct election commission and signed by its members. The inscription “Cancelled ballot papers” is made on the bag, indicating the quantity of ballot papers and the number of the polling station.


The quantity all cancelled ballot papers, which shall be defined as the sum of unused ballots and ballots were returned by voters as mistakenly filled (spoiled), shall be announced and reflected in the report on the results of voting and its enlarged form.


5. Before the votes are actually counted, the members of the precinct election commission responsible for voter registration shall be obliged to enter the relevant summary data on each page of the voter list.


After entering the summary data, each page of the voter list is signed by the precinct election commission member, who then summarizes all the data and passes it on to the chairperson of the precinct election commission. The chairperson and the secretary of the precinct election commission shall enter the final data on the last page of the voter list, defined as the sum of data on all pages and shall certify them with their signatures and stamp of the precinct election commission.


The number of ballot papers given to voters shall be additionally checked by counting the receipts.


After the work with the voter list is over, the act on the quantity of ballot papers given to the voters is drawn up. A copy of the act certified by the signature of the chairperson and the seal of the precinct election commission shall be given to the candidates, representatives of candidates, political parties, mass media, observers present and then the data shall be recorded in an extended form.


After working with the voter list the chairperson of the precinct election commission shall invite those present to get acquainted with it visually.


After that, the voter list is put in a safe (closet).


6. The precinct election commission shall then count the ballot papers contained in the portable ballot boxes. The members of the precinct election commission, who were conducting voting outside the voting hall, shall demonstrate the integrity of seals, stamps and signatures of the members of the precinct election commission, persons who were present during the sealing of the portable boxes, open the portable voting boxes one by one, then remove the ballot papers and control lists with the signatures of the members of the precinct election commission and persons who were present during the sealing of the portable boxes. The chairperson of the precinct election commission shall demonstrate the control lists.


The opening of each portable voting box shall be preceded by the announcement of the number of voters who voted using this portable voting box and the receipts issued. The ballot papers in each portable voting box shall be counted separately.


In the event that the number of ballots in a portable voting box is greater than the number of applications of voters, which contain a note about the number of received ballot papers and issued receipts, all ballot papers, which are in this portable box, shall be declared invalid by the decision of the precinct election commission and are cancelled by cutting the lower right corner; a separate act shall be drawn up, which shall be attached to the protocol on the results of voting and in which the names and initials of members of the precinct election commission who ensured the voting outdoors are indicated. These invalid ballot papers shall be packed separately and sealed, the bag shall contain the number of the polling station, number of the box, the quantity of ballot papers and the inscription “Invalid ballot papers taken out of the portable voting box”.


Ballot papers taken out of the portable box are put in the ballot boxes.


7. Ballot papers of unidentified form shall not be counted. Ballot papers of an unidentified form are those whose content and (or) form does not correspond to the text and form of the ballot paper approved by the Central Election Commission.


8. Before the actual counting of votes, the chairperson of the precinct election commission shall announce the preliminary results of the voting with the automatic reading ballot boxes; a separate act on that shall be drawn up, which is attached to the protocol on the results of the vote and announced to all present members of the precinct election commission, representatives of political party candidates, observers and the representatives of the mass media.


The automatic reading ballot box shall not allow the disclosure of the secrecy of voting for the entire duration of the voting and shall not be connected to wired or wireless networks. The collection of data on the results of the voting from the automatic reading ballot boxes shall be conducted by the precinct election commission after 8 PM, but not later than 9 PM on the voting day. The stamped reports of the automatic reading ballot boxes, stamped primary and final identification reports shall be given to all representatives of political party candidates and observers present in the voting hall.


After being taken out from the ballot box the ballot papers shall be counted and the results are entered in the protocol on the results of the voting.


The number of ballots taken out from the ballot box must be the same or less than the number of ballots given to the voters. If the number of ballots in the ballot box is greater than the number of ballots given to the voters, the precinct election commission shall take measures to identify and eliminate the reasons.


If after identification and elimination of the reasons the quantity of valid ballot papers in the ballot box is more than the quantity of issued ballots, all the ballots in the box shall be declared invalid by the decision of the precinct election commission and shall be cancelled by cutting the lower right corner.


9. The members of the precinct election commission shall sort the ballot papers taken from the portable and stationary boxes by the votes cast for each of the candidates, each list of candidates, the position “Against all”; at the same time they shall separate the ballot papers of unknown form and invalid ballot papers. When sorting the ballot papers, the members of the precinct election commission shall announce the voter marks on the ballots and present the ballot papers for visual control to all persons present during the counting.


10. Under the control of the members of the precinct election commission the representatives of the candidates, the political parties and observers shall have the right to get acquainted with the sorted ballots.


11. Votes shall be then counted according to the ballot papers of the established form separately for each candidate, the list of candidates and the position “Against all”. Sorted ballots are counted aloud by moving them one by one from one pack to another so that those present at the counting can hear and see the voter mark on the ballot papers. Simultaneous counting of ballot papers from different packs shall not be allowed.


The received data, which are determined by the relevant voter marks (votes) in the ballot papers submitted for each candidate, each list of candidates and the position “Against all”, shall be recorded in the protocol of voting results and in its enlarged form.


12. Invalid ballots shall be counted and summed up separately. Invalid ballots shall be those on which it is impossible to determine the expression of will of a voter, as well as invalid ballots taken out of the portable ballot box (if there was a case that number of ballot papers taken out from the portable ballot box exceeds the number of applications of voters with a note on the quantity of received ballot papers). The invalid ballot papers shall also include the ballot papers that do not bear the protective stamps established by the Central Election Commission or are not certified by the stamp of the precinct election commission and do not contain other established marks.


Ballot papers which contain marks, writings or other paintings on the back side, regardless of their content, cannot be considered invalid.


In the event that there any doubts in declaring a ballot paper invalid, the precinct election commission shall decide on the issue by voting, then the reverse side of the ballot paper shall have indication of the reasons of its invalidity; this entry shall be confirmed by the signatures of the chairperson and the secretary of the precinct election commission, certified by the stamp of the commission. The total number of invalid ballots shall be recorded in the protocol on the results of voting and in its enlarged form.


13. The members of the precinct election commission shall count, announce and record in the protocol on the results of voting and its enlarged form the number of valid ballots, which shall be determined by the marks of voters, which allows to establish the expression of their will.


14. The chairperson of the precinct election commission shall invite all persons present during the counting of votes to get acquainted with the ballots visually under the control of the members of the precinct election commission. In case of discrepancy between the results of the vote according to the data of the automatic reading ballot box and the results of the manual vote counting, at the request of the representative of the candidate, a political party or an observer, the ballots shall be recalculated with the direct participation of the representative of the candidate, a political party or an observer and the possibility of their visual control. The ballot papers shall be recalculated aloud.


The voting results shall be established based on the results of manual counting of votes.


15. After that the control ratio of the data included in the protocol on the results of voting shall be checked according to the procedure approved by the Central Election Commission.


16. After the vote counting is completed, the precinct election commission shall mandatorily hold a final session at which it shall review the received applications (complaints) about violations during voting and vote counting, and shall make a decision on each application (complaint). Then the members of the precinct election commission and applicants who agree with the decisions taken by the precinct election commission on received applications (complaints) shall sign the minutes of the final session of the precinct election commission. When signing the minutes of the final session of the precinct election commission, the members of the precinct election commission who disagree with the content of the minutes shall have the right for a dissenting opinion to the minutes, the appropriate record on which shall be made.


After the protocol on the results of the voting is drawn up, the sorted out ballot papers, voter lists, receipts, reports of the automatic reading ballot boxes, primary and final identification reports shall be packed in separate bags that contain the number of the polling station, the quantity of ballot papers and the name of the voter lists. The bags shall be sealed, signed by members of the precinct election commission and put into a separate bag or box. The bag or box contains the number of the polling station and the list of documents inside it. The bag or box shall be sealed with the signatures of the members of the precinct election commission. The packing of ballot papers, the voter lists, the receipts, the reports of automatic reading ballot boxes, the primary and final identification report as well as their placement into a bag or box shall be carried out in the presence of the representatives of candidates, political parties and observers, who shall be also given the opportunity to put their signatures on the bag or box. A pack, a sack or a box may only be opened by decision of a higher electoral commission or a court.


17. The protocol on the results of voting in the form approved by the Central Election Commission shall be made in two copies and signed by all present members of the precinct election commission with indicating the date and time (hour, minute) of its signing. The protocol shall be valid in the event that it is signed by the majority of the members of the precinct election commission. When signing the protocol, the members of the precinct election commission who disagree with the content of the protocol shall have the right to attach a dissenting opinion to the protocol, about which the appropriate record shall be made.


18. After signing the protocol on the results of voting by the precinct election commission, the voting results shall be immediately announced before all present representatives of the candidates, political parties, observers and representatives of the mass media.


After the announcement of the voting results, the protocol on the voting results, primary, final receipts on identification of voters and automatic reading ballot boxes certified by the seal of the precinct election commission shall be sent to the central server of the Central Election Commission by scanning through automatic reading ballot boxes.


In case of errors in filling the protocol on results of voting the commission makes the corresponding act, which shall be also scanned and sent to the central server of the Central election commission together with the newly filled and signed protocol.


The scanned documents that arrive to the central server of the Central Election Commission after checking whether the protocol is made correctly are posted on the website of the Central Election Commission.


19. The first copy of the protocol on results of voting after its signing together with the electoral documentation including ballot papers, the lists of voters, the statements (complaints), acts and decisions made on them by the precinct election commission, the report of the automatic reading ballot boxes, the primary and the final report on identification shall be immediately delivered to the territorial election commission no later than 6 AM of the day following the day of voting by the chairperson of the precinct election commission accompanied by the representatives of candidates or political parties.


The precinct election commissions of the polling stations located on the territory of foreign states or in remote locations, the list of which shall be determined by the Central Election Commission, shall deliver the documents specified in this part within the time period established by the Central Election Commission.


20. The second copy of the protocol as well as the seal of the precinct election commission shall be kept by the secretary of the precinct election commission who shall bear the responsibility established by the legislation for their reliability and safety till the end of the work of the commission.


21. The enlarged form of the protocol on the results of voting shall be displayed for public awareness in the place established by the precinct election commission and shall be kept until the end of the work of the precinct election commission.


22. Each person, who was present during the counting of votes, shall receive a copy of the protocol on the voting results certified by a stamp from the secretary of the precinct election commission immediately after signing the protocol.


23. A sealed copy of the protocol on the voting results shall be immediately displayed on the stands in front of the precinct election commissions.


The list of voters who took part in the elections or a sealed copy thereof shall be displayed on the stands in front of the premises of the precinct election commissions no later than 3 calendar days.


(In the version of constitutional Laws of the Kyrgyz Republic No 88 dated April 23, 2015; No 96 dated June 5, 2017; No 116 dated August 8, 2019)