Types of votes and criteria for evaluating a vote

(point 4 added by Law No. 74/2012, dated 19 July 2012; point 2 is amended, letter “e” of point 3 is amended, and letter “e/1” is added by Law No. 118/2020, dated 5 October 2020)

1. Ballot papers shall be divided into valid or invalid votes.

2. Only ballot papers on which a vote has been clearly cast for only one of the electoral subjects and/or for one of its candidates shall be valid. When it is voted for more than one candidate of the same electoral subject, the vote shall be accounted for the electoral subject only.

3. Invalid votes shall be the ballot papers where:

a) the ballot paper does not have the same size, colour or format as the ballot paper approved by the CEC;

b) the stamps provided for in Article 103 of this Code are missing from the ballot paper;

c) notations or signs are made on the ballot paper that make the evaluation of the vote impossible;

ç) notations in favour or in disfavour of certain electoral subjects are made on the ballot paper;

d) more than one electoral subject on the ballot paper are voted for;

dh) no electoral subject is voted for on the ballot paper;

e) an electoral subject and a candidate of another electoral subject are voted for;

e/1) it is not clear for whom the vote is cast; or

ë) the voter has voted for a person or a subject that is not on the ballot paper.

4. The evaluation of votes shall aim at identifying, as much as possible, the voter’s intent. Pursuant to this Article, the CEC shall draft special guidelines to facilitate the work and unify the practice of evaluation of the ballot papers by commissions and persons tasked under this Code for the counting and evaluation of votes.