Procedure of Ballot Boxes Opening and Counting of Ballot papers
1. After the actions foreseen in Article 87 of this Law are completed, a polling station commission shall check the integrity of the seals or stamps on the ballot boxes.
2. In the event that the stamps or seals are found to be damaged or other damages are found that break the integrity of the ballot box otherwise, a polling station commission shall draw up an act pursuant to the procedure set forth in paragraph 8, Article 35 of this Law stating the nature of the established damage.
3. The ballot boxes shall be opened by a polling station commission in turns. Ballot boxes used for mobile voting shall be opened first; ballot boxes with damaged seals or stamps or other damages established in the course of voting, if any, shall be opened last.
4. When an intact ballot box is opened, it shall be emptied on the table, at which polling station commission members sit. Then the availability of the control paper in the box shall be checked (for the mobile ballot boxes – control papers).
5. Ballot papers from a damaged ballot box shall be taken out one by one without mixing. A polling station commission shall count the number of ballot papers in this box. The availability of the control paper, which must be taken out of the box last, shall also be checked.
6. Ballot papers in each ballot box shall be counted separately. Results are not calculated separately for each ballot box. Counting of ballot papers is conducted on the order stipulated by paragraph 12 of Article 80 of this Law.
7. All objects other than ballot papers of the established form found in the ballot boxes shall be collected separately and not counted. The control papers shall also be considered as objects. In the event of doubt whether the object is a ballot paper or not, a polling station commission shall vote to decide on that. Every commission member shall have the right to examine the object personally before voting. For the time of examination, the vote tabulation process shall be postponed. The objects other than ballot papers shall be packed pursuant to the procedure set forth in paragraph 10, Article 86 of this Law. The package shall bear an inscription “Objects”.
8. In the event when, after the mobile ballot box has been opened, the number of ballot papers exceeds the number of ballot papers put down on the control paper in this ballot box, a polling station commission shall draw up a respective Act pursuant to the procedure set forth in paragraph 8, Article 35 of this Law stating the number of ballot papers in the box and family names of commission members who signed these ballot papers.
9. When drawing up the act mentioned under paragraph 8 of this Article, a commission shall check whether ballot papers taken out of the mobile ballot box have the number of the respective territorial election district and polling station, stamp of a polling station commission, family names, and signatures of commission members who organized mobile voting. Ballot papers with lacking indicators shall not be counted during the counting of voters who took part in the voting and the counting of votes. In the event when after such ballot papers have been removed, the discrepancy mentioned under paragraph 8 of this Article is eliminated, proper ballot papers shall be counted for establishing the total number of voters who took part in the voting and counting of votes at a polling station. In the event that there are no undue ballot papers or their removal does not eliminate the discrepancy mentioned under paragraph 8 of this Article, all ballot papers taken out of that mobile ballot box shall not be counted for establishing the total number of voters who took part in the voting and counting of votes at a polling station.
10. In the event that there is no control paper in the ballot box (for mobile ballot boxes – control papers), a polling station commission shall draw up a respective Act on the absence of control paper(s) in the ballot box pursuant to the procedure set forth in paragraph 8, Article 35 of this Law stating the number of ballot papers in the given box. The aforementioned ballot papers shall not be counted for establishing the total number of voters who took part in the voting and counting of votes at a polling station.
11. In the case that authenticity of a control paper evokes doubt and in other doubtful cases in events mentioned under paragraphs 8 and 9 of this Article, a polling station commission shall vote to pass a decision on not counting ballot papers in such boxes for establishing the total number of voters who took part in the voting and counting of votes at a polling station. Respective decision and the results of vote shall be put down in the protocol of a commission meeting.
12. The number of ballot papers in each ballot box except for the objects and invalid ballot papers and the number of the ballot box shall be promulgated and entered into the protocol on the counting of votes at a polling station. After the last box is opened, the total amount of ballot papers in boxes shall be summed. The established results shall mean the number of voters who took part in elections. This number shall be announced by a commission head and entered by a commission secretary into the protocol on counting of votes at a polling station.
13. Ballot papers found in ballot boxes that bear numbers of a territorial election district and (or) polling station that do not correspond to the numbers of the relevant polling station of the relevant territorial election district, as well as the ballot papers that have no stamp of the polling station commission or have the stamp of another election commission or any other stamp shall not be counted for establishing the total number of voters who took part in the voting and counting of votes at a polling station.
14. Ballot papers that, pursuant to paragraph 9, 10, 11, and 13 of this Article, are not be counted for establishing the total number of voters who took part in the voting, but are to be counted for the counting of votes, shall be entered in the protocol on counting of votes and packed pursuant to the procedure set forth in paragraph 10, Article 86 of this Law. The package shall bear an inscription “Ballot papers not to be counted”.
15. Ballot papers that are to be counted shall be sorted according to the plates with the names of parties (blocs) indicated in a ballot box, words “invalid” and “against all” on both sides. When sorting ballot papers, a commission member appointed by the commission shall show each ballot paper to all commission members promulgating the voter’s will declared. In the event of doubt concerning the contents of a ballot paper, the election commission shall vote to resolve it. Every commission member shall have the right to examine the ballot paper personally. For the time of examination, work with other ballot papers shall be postponed.
16. The following ballot papers shall be considered invalid in the event that:
1) there is no family name and (or) signature of a polling station commission member who gave it out, or having a signature of an individual who never gave out ballot papers at this polling station;
2) under circumstances mentioned under paragraph 10, Article 79 of this Law;
3) there is more than one sign opposite the name of a party (bloc);
4) there are no signs;
5) the control slip has not been cut off;
6) voter’s will cannot be established due to any other reason.
17. In the event of any doubt concerning reliability of a ballot paper, a polling station commission shall vote to resolve it. Before voting, every commission member shall have the right to examine the ballot paper personally. For the time of examination, the process of counting of votes shall be postponed. The respective decision and voting results shall be entered into the protocol of a polling station commission meeting.
18. Invalid ballot papers shall be counted separately pursuant to the procedure set forth in paragraph 12, Article 80 of this Law. This number shall be promulgated by a polling station commission head and entered by a commission secretary into the protocol on counting of votes at a polling station. Invalid ballot papers shall be packed pursuant to the procedure set forth in paragraph 10, Article 86 of this Law. The package shall bear an inscription “Invalid Ballot Papers”.
19. A polling station commission shall, pursuant to the procedure set forth in paragraph 12, Article 80 of this Law, count the number of votes cast for candidates for deputies included into the election list of each party (bloc) and the number of votes that did not support any candidate from a political party (bloc). In the course of counting of votes, every commission member shall have the right to examine or re-count respective ballot papers. Voting results at a polling station shall be announced by a commission head and entered by a commission secretary into the protocol on counting of votes at a polling station.
20. A polling station commission in the course of counting of votes must ensure whether the number of voters who took part in the voting equals the sum of invalid ballot papers, ballot papers cast for every candidate included into the election list of all political parties (blocs) and the number of voters who supported no candidate from parties (blocs). In the event that these amounts do not coincide, a polling station commission may re-count the ballot papers. If the aforementioned discrepancy is confirmed, a polling station commission shall draw up an act stating the reason of such discrepancy established by the commission's decision according to the form and procedure set forth in paragraph 8, Article 35 of this Law.
21. Ballot papers cast for candidates included into election lists of political parties (blocs) and ballot papers showing support of no candidate shall be packed separately following the procedure set forth in paragraph 10, Article 86 of this Law. The packages shall bear inscriptions reading the name of a respective party (bloc) and “No Candidate from Parties (Blocs) Supported”.
