Evaluation of votes

(point 7 is added by Law No. 74/2012, dated 19 July 2012; second sentence of point 3 is repealed, and point 6/1 is added by Law No. 118/2020, dated 5 October 2020)

1. The evaluation of votes shall begin immediately after the completion of the counting of ballot papers. The first counter of the Counting Team shall unfold completely every ballot paper, evaluate it aloud, and act in the following order:

a) he/she shall verify whether the ballot paper has the same size, shape and colour as the ballot paper approved by the CEC; if not, he/she shall evaluate the vote as invalid;

b) he/she shall verify whether the ballot paper carries the stamp of the VCC and the stamp of the VCC Chair; if not, he/she evaluates the vote as invalid;

c) he/she shall verify whether there is any of the other reasons for declaring the vote invalid, as described in letters “c” to “ë” of Article 117 of this Code; if one of these reasons exists, he/she shall evaluate the vote as invalid.

2. If none of the circumstances described in point 1 of this Article applies, the first counter of the Counting Team shall give his/her evaluation and then propose to the other members to evaluate which political party or candidate the vote is cast for. The first counter is obliged to show the ballot papers to the members of the Counting Team, as well as make possible the reading of the ballot paper by the recording camera in accordance with point 4 of Article 94 of this Code.

If the members of the Counting Team and observers of the electoral subjects at the count agree with the first counter’s evaluation, the ballot paper shall be categorised according to the evaluation and the first counter shall proceed with the next ballot paper.

If any of the members of the Counting Team or any of the observers of electoral subjects does not agree with the first counter’s evaluation, the latter shall place the contested ballot paper in a special place designated for contested ballot papers and proceed with the next ballot paper.

3. In accordance with the evaluation described in point 1 of this Article, the ballot papers shall be divided on the work table into specific and separate places in groupings of votes for each electoral subject, as invalid votes and contested votes.

4. At the end of counting of the ballot papers for each ballot box, the Counting Team shall re-evaluate the contested ballot papers, in accordance with the third paragraph of point 2 of this Article.

If there are still contested ballot papers after the re-evaluation, the first counter or
each member shall call the CEAZ for the evaluation of the contested votes of that box. The CEAZ shall make immediately an evaluation of each of the contested ballot papers and take a decision on it. The result declared by the CEAZ shall be noted in the record book of CEAZ and shall be included in the respective table of results of the VC, which is compiled by the Counting Team.

5. For each contested ballot paper, the first counter of the Counting Team shall note clearly on its reverse side the reasons for contesting it.

A special official record shall be kept for contested votes, in accordance with a template determined by a decision of the CEC, in which the total number of contested ballot papers for the respective VC shall be reflected. Upon the tabulation of the result, according to Article 119 of this Code, the contested ballot papers and the respective official record shall be enclosed in the envelope marked as “CONTESTED BALLOTS”.

6. After the counting and evaluation of the votes, according to this Article, the first counter shall count the votes for each electoral subject, for each box with ballot papers, starting according to the order of the subjects on the ballot paper. After each count, he/she shall make the figure known to the Counting Team members and to observers of electoral subjects. If requested by any of the members of the Counting Team, the first counter shall restart once again the counting of the votes for that electoral subject.

If there are still objections after this second count, the first counter of the Counting Team or the objecting member shall inform the CEAZ by raising his/her hand. The raising of the hand shall suspend any further action of the Counting Team until the CEAZ makes a decision. The CEAZ shall count on the spot the votes for the electoral subject, which are subject to contestation, and order the Counting Team to record the figure decided by it in the table of results for that Voting Centre.

6/1. For elections to the Assembly, after the completion of procedures under point 6 of this Article, the preferred votes for each candidate of the electoral subject shall be counted according to the same procedure.

7. The first counter and the secretary of the Counting Team shall be responsible for implementing the obligations arising from the contestation of the ballot paper, according to this Article. Failure to comply with this obligation shall be punishable by a fine according to Article 171 of this Code.