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Article 105
 

Flawed ballots.


A ballot shall not be deemed invalid despite being flawed if it is clear how the vote is intended to be cast, unless it clearly violates one or more of the points of Articles 102–104. Thus, a ballot shall be deemed to be valid even if the mark has been made not in the square box next to the alphabetical list letter but, e.g., outside it, even if the cross is poorly formed, even if a check mark instead of a cross has been placed in the square box, etc. 


A ballot shall be deemed to have been cast for a list even if no mark has been placed against the alphabetical letter of the list if a name or names on it have been numbered or a cross or check mark has been placed against a name, provided that there are no other flaws.


[A ballot cast in early voting shall be deemed to have been cast for a list even if the voter has written the name of a candidate who is deceased or, as the case may be, crossed out the name, cf. Article 43 and paragraph 2 of Article 73.]  


In unrestricted elections to a municipal council, a vote shall not be deemed to be invalid even if a first name, last name or address are missing if it is nonetheless clear to whom it refers. 


The senior electoral commission shall record in its log book the number of ballot papers that it has ruled to be invalid and the reasons for the invalidation. 


After receiving the proposals of the National Electoral Commission, the Minister shall issue a regulation 2)on the assessment of the validity of ballot papers.    


1)Act No. 62/2023, Article 322)Regulation No. 431/2022.