Opening of the boxes with voting materials

(added by Law No. 74/2012, dated 19 July 2012)

1. The box with voting materials shall be opened during the counting process at the Ballot Counting Centre only when the Records of the Closing of the Polls is missing from the box with ballot papers, or when the data according to Article 113 of the Code are not recorded in the Records of the Closing of the Polls.

2. In this case, the Counting Team or any of the observers of the electoral subjects who identifies this, shall notify immediately the CEAZ about it. The notification shall be done by raising one’s hand and without moving from own place. The raising of the hand shall suspend any further action of the Counting Team, until the CEAZ is informed of the issue and verifies it. If the CEAZ confirms the inaccuracy or irregularity, it shall reflect it in the Records of Findings. The CEAZ shall make a decision to continue the procedures for the verification of the voting material and the suspension of the counting of votes by the Counting Team only after recording the inaccuracy or irregularity in the Record of Findings. The Counting Team shall be informed immediately about the decision of the CEAZ.

3. The box with ballot papers, the counting of which is suspended, shall be placed by the counting table and the first counter shall take the box with voting materials of the respective voting centre. Then, the Counting Team shall open the box with voting materials, by breaking the security seals. First, it is verified whether the Records of the Closing of the Polls is found in the box, [and whether it is] filled in according to the requirements of the Code. In this case, the Records of Findings shall be filled in and the Records of the Closing of the Polls shall be given to the CEAZ. Next, the box shall be closed with security seals and the Counting Teams shall continue the counting of the ballots, according to the procedures set out in point 5 and onward of Article 116 of this Code.

4. When the Records of the Closing of the Polls is not found in the box with voting materials or it is not filled in according to Article 113, the Counting Team shall fill in the Records of Findings and then perform the following procedures:

a) it shall verify whether the following are found in the box:

i) the envelope marked as "UNUSED BALLOT PAPERS"

ii) the envelope marked as "SPOILED BALLOT PAPERS"

iii) the voter list, including the special register, in accordance with Article 57 of this code;

iv) the originals of the VCC desicions and unused templatesof the VCC desicions;

v) the stamp of the VCC;

vi) the stamp of the VCC Chair;

vii) the seals with the unused security codes;

viii) the seals with the damaged security codes, if any;

ix) the VCC Meetings Record Book; and

x) the accompanying documenatation of ballot papers with the respective serial numbers; 

b) initially, the first counter shall compare the stamp of the VCC Chair with the sample stamp and present the finding to the team members;

c) the first counter shall count the unused ballot papers and, at the conclusion of the counting, declares the figure to the Counting Team members and the observers of the electoral subjects. If any of the members of the Counting Team requests a recount, the first counter is obliged to recount the unused ballot papers again;

ç) the first counter shall count the spoiled ballot papers and, at the conclusion of the counting, declares the figure to the Counting Team members and the observers of electoral subjects. If any of the members of the Counting Team requests a recount, the first counter is obliged to recount the spoiled ballot papers again;

d) the first counter shall count the voters who have voted, according to their signatures on the voter list, including those in accordance with Article 57 of this Code, and, at the conclusion of the count, declares the figure to the members of the Counting Team. If the figures do not match, or if any of the members of the Counting Team requests a recount, the first counter is obliged to recount again the voters who have voted. The remarks shall be written down in the Records of Findings;

dh) the first counter shall record the data on the total number of ballot papers delivered to the VCC, according to their accompanying documentation;

e) then the box shall be sealed with security codes and the Counting Team shall continue with counting of the ballots in accordance with the procedures set out in point 5 and onward of Article 116 of this Code.

5. Upon conclusion of the counting and tabulation of the EAZ result, boxes with voting materials shall be sent to the CEC together with the ballot boxes. Boxes with voting materials shall be opened at the CEC during the examination of complaints, in accordance with Article 136 and/or point 1 of Article 138 of the Code, if the requested evidence is administered according to this Code, in the box with voting materials.