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Article 37
 

Procedure of determining the election returns.


1. The election returns shall be determined by the Central Election Commission on the basis of the protocols received directly from the territorial election commissions by adding the data therein not later than 20 calendar days from the voting day.


The Central Election Commission shall mandatorily hold a final session at which it reviews all received applications (complaints) about violations during the preparation and conduct of elections and shall make a decision on each application (complaint).


2. The Central Election Commission shall issue a protocol on the election returns, which reflects the data of received protocols, based on which the election returns shall be determined, data on the number of directly subordinate election commissions, as well as a summary table on the summary data of protocols of subordinate election commissions.


3. The elections shall be recognized as invalid by the Central Election Commission:


1) in the event that number of votes cast for the candidate with the highest number of votes against another candidate is less than the number of votes cast against all candidates. In such case repeated elections shall be held;


2) in the event that no candidate receives the number of votes necessary for the participation in the distribution of mandates;


3) in the event that the number of votes cast for the list of candidates with the highest number of votes cast in comparison with other lists of candidates is less than the number of votes cast against all candidate lists. In this case repeated elections shall be held.


The number of voters who took part in the voting shall be determined by the number of voter signatures in the list of voters on receiving the ballot papers and, if necessary, by the number of identification receipts.


4. The Territorial Election Commission shall recognize the results of voting at a polling station as invalid:


1) in the event that during the voting, vote counting or determination of the voting results there were violations that do not allow to determine the voting results with certainty;


2) in the event that during the voting, vote counting or determination of the voting results there were violations that influenced the expression of will of the voters;


3) by the decision of the higher election commission;


4) by a court decision;


5) in the event that the ballot papers in the voting boxes are recognized as invalid.


In the event that the voting results at a polling station are declared invalid, the results shall be determined based on the results of voting at the remaining polling stations. In the event that the voting results at one or several polling stations are declared invalid, which affects the election returns, at these polling stations the repeated voting shall be conducted within 2 weeks from the date of their calling by the appropriate election commission.


5. The violations, which do not allow with confidence to determine the results of voting, are violations of the voting procedure, vote counting, drawing up a protocol on the results of voting at the polling station, which do not allow to determine with certainty the number of votes received by each candidate or the list of candidates.


Violations that have affected the expression of will of voters shall mean violations that have affected the expression of the will of voters during the voting, vote counting or establishing the results of voting at a polling station, those related to campaigning on the voting day, obstruction of the implementation of electoral rights by citizens, observation of voting, voting for other voters, interference in the activities of election commissions and bribery of voters.


6. The Central Electoral Commission shall invalidate the election returns:


1) in the event that the results of voting at a some of polling stations covering more than one third of the voters from the total number of those who took part in the voting are declared invalid;


2) by court decision.


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