Declaration by a Precinct Election Commission of the Invalidity of Voting at the Election Precinct
A precinct election commission shall be entitled to declare the voting in an election precinct invalid if it establishes that there have been violations of the requirements of this Code that make it impossible to determine the true results of expression of the voters’ will, only under the following circumstances:
1) discovery of cases of illegal voting (depositing of a ballot paper into the ballot box by other persons instead of the voter, except in the cases specified by Part six of Article 118 of this Code; voting by persons who have no right to vote; voting by persons who are not included in the voter list for the election precinct or who have been included in the voter list without legal grounds; multiple voting by the same person) in a number that exceeds by five percent the number of voters who received ballot papers at the election precinct;
2) discovery in the ballot boxes of ballot papers in a number that exceeds by more than ten percent the number of voters who received ballot papers at the election precinct;
3) destruction of or damage to a ballot box (ballot boxes) that makes it impossible to establish the content of the ballot papers, if the number of such ballot papers exceeds by five percent the number of voters who received ballot papers at the election precinct.
If the circumstances provided for by Part one of this Article are discovered, the precinct election commission shall in each case write an act, which shall be signed by all members of the precinct election commission present and affixed with the election commission’s seal. Such act(s) shall be the ground for consideration by the precinct election commission of whether to declare the voting at the election precinct in the respective district invalid.
If a precinct election commission takes a decision declaring voting at the election precinct to be invalid, then protocol on vote counting of the precinct election commission at the election precinct shall contain only the data specified in clauses one through five of Part two of Article 121 of this Code. In other places a dash shall be inserted. The protocol of the precinct election commission on vote counting shall be completed by the precinct election commission in accordance with the procedure prescribed by Article 121 of this Code.
If a precinct election commission takes a decision declaring voting at the election precinct to be invalid, the ballot papers shall be packed. The inscription “The ballot papers” shall be made on the package, with indication of the number of the territorial district, the number of the election precinct, the number of the packed ballot papers, the date and time of packaging; the package shall be signed by the precinct election commission members, and affixed with the election commission’s seal.
A decision of a precinct election commission declaring voting at the election precinct to be invalid, and the act on the basis of which such decision was adopted, shall be attached to the protocols of the precinct election commission on vote counting at the election precinct.
