Examination of election material

(amended by Law No. 74/2012, dated 19 July 2012; last sentence of point 3 amended by Law No. 101/2020, dated 23 July 2020)

1. For purpose of administrative investigation, the CEC, when it has accepted the request of the parties or in accordance with the provisions of point 3 in Article 136 of this Code, shall examine the documentation and election material that are found inside the box of election materials and/or ballot boxes and the ballot papers, as well as any other documentation or other election material. If the election material is inside the boxes with security seals, they shall be opened and resealed according to procedures provided for in this Code for the opening and closing of the boxes, by showing and recording the codes with which the respective boxes are sealed by the CEAZ, as well as the numbers with which they are reclosed.

2. The election material shall be examined in the presence of the parties and the public. After the examination of the election documentation and/or material, the parties shall have the right to present their assessments and claims. The evidence found shall be recorded in the minutes of the CEC meeting.

3. When the CEC, upon the request of parties or upon its own initiative, deems that a recount and/or re-evaluation of certain votes is needed in order to make a decision, it shall recount and/or re-evaluate the votes in the presence of the parties, and shall reflect the conclusion and its respective decision in the minutes of the CEC meeting. Certain votes are votes identified or contested, according to procedures set out in Articles 116 and 118 of this Code, the evaluation or number of which has been contested during the counting process, as well as the votes of the table of the contested result, according to point 2 of Article 119 of this Code. Each member shall have the right to request a recount and/or re-evaluation of the certain votes in the framework of this procedure, and the CEC shall be obliged to carry such request.

4. When the object of the complaint are ballot boxes found to be “IRREGULAR BOXES” by the CEAZ, in accordance with Article 115 of this Code, the CEC shall be obliged to conduct an administrative investigation during the examination of the complaint for that electoral zone, according to Article 124 of this Code. The investigation shall not be limited to examining the box externally by evaluating the entire facts and circumstances that have led to the evaluation of the box as an “IRREGULAR BOX”, but also whether these irregularities have affected the electoral material. If the CEC, upon its own initiative or upon the request of the electoral subject, makes a decision that the boxes are regular, the CEC shall conduct the initial counting of the votes in these boxes.
The voting in those voting centres the box/es of which have been evaluated as “IRREGULAR BOXES”, according to Article 115 of this Code, and no complaint has been made against them according to Article 124, shall be considered invalid.

5. The CEC decisions taken in accordance with points 3 and 4 of this Article, may be challenged together with the decision of the CEC.