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Article 44
 

Procedure for Counting Votes and Compilation of the Protocol on Voting Results by Precinct Election Commissions

1. When the time of voting is expired the chairperson of the precinct election commission shall make an announcement that only voters who are inside the polling station may take the ballots and vote.

2. Counting of votes shall be carried out openly and publicly only by the members of the precinct election commission at the meeting of the commission. Results of the count of the votes shall be announced publicly and all actions in relation to the count of ballot papers and voters’ votes shall be reflected step by step in the enlarged protocol on the voting results which shall be put up in the place established by the precinct election commission.

During count of the votes, determination of the voting results, candidates’ representatives, observers, mass media representatives may engage in video filming of the process as well as take pictures.

3. Count of the votes shall start immediately after termination of the voting and shall be carried out without interruption in the same polling station where the voting for the voters was conducted. The place where the count of the votes is taking place shall be arranged in way to ensure access to it of all precinct election commission members with both decisive and consultative vote. At that, during the count of the votes, all of the present persons shall be provided with the full view of the actions of the precinct election commission members

In case of the conduct of concurrent elections for different levels, the count of the votes on election to the state bodies of power shall be carried out in the first place, and then count of the votes in relation to election to the bodies of local self-governments shall be performed.

Election commission members, with an exception of the chairperson and the secretary of the election commission, shall be prohibited to use writing materials in the course of the count of the votes.

4. Members of the PEC responsible for issuance of the ballot papers shall count the remaining unused ballots by cutting the right bottom corner of a ballot (at that, squares, located on the right side of information on registered candidates shall not be damaged) and return them to the PEC chairman. An appropriate act should be compiled on this matter. Unused ballots of the PEC that are left in the safe box of the PEC chairman shall be destroyed in the same way. All of the destroyed ballot papers shall be counted and put in a package that is sealed by the PEC’s stamp and signed by the commission members and present candidates’ representatives and observers. A sentence “Destroyed ballot papers” shall be put on the package and the number of such ballot papers as well as the polling station number shall be indicated.

The number of all destroyed ballot papers which shall be calculated as the number of unused ballot papers and the ballots that were returned by the voters because of incorrect filling in (spoiled), shall be announced and introduced into line ?7 of the protocol on the voting results and its enlarged version.

After that the number of unused (destroyed) strike off voting certificates shall be counted and announced, and this figure shall be entered into line 15b of the protocol on the voting results and its enlarged version.

5. Prior to the start of the count of the ballots, members of the PEC responsible for the voters’ registration, shall introduce the following summarized data onto each page of the voters’ lists:

a) the number of voters in the voter’s list, who were entered on the list, as of the moment when voting ended (this does not include the voters who were given strike off certificates, as well as those who were removed due to other reasons);

b) the number of ballots issued to the voters at the polling station on the voting day (this number shall be established on the basis of the number of signatures contained in the main and additional voters’ lists);

c) the number of voters issued to voters who voted early (this number shall be established on the basis of appropriate marks made in the voters’ lists and shall be verified against the list of voters who voted early);

d) the number of ballots issued to the voters who voted outside of the polling station on the voting day. (this number shall be established on the basis of number of marks made in the voters’ lists;

e) the number of strike off certificates, issued to voters at the polling station (this number shall be established on the basis of marks on the voter lists);

f) the number of voters who voted on the basis of on strike off certificates at the polling station (This number shall be established on the basis of the voters’ signatures made in the additional list of the voters and shall be verified against the number of strike off certificates received from the voters).

After this data has been introduced, every page of the voters’ lists shall be signed by the member of the precinct election commission, who then shall make a summary of the data and transfer it to the chairman of the precinct election commission. The chairman and the secretary of the precinct election commission shall introduce final data onto the last page of the voters lists, which is determined as the summary of data contained in all pages of the voters’ lists, authorize them with their signatures and stamp of the precinct election commission.

After the work with the voters’ lists is finished, the PEC chairman offers to the persons who were present during the count of the votes to visually acquaint themselves with the voters’ lists, announces the number of votes specified in the voters’ lists and introduces this data to the appropriate lines of the enlarged protocol on election results:

a) in line No.1-the number of voters, introduced to the main voters’ lists as of the moment when voting ends;

b) b) in line No.1a-the number of voters, introduced to the additional voters’ lists;

c) in line No.3-total number of ballot papers issued to the voters who voted early;

d) in line No.4-the number of ballot papers issued to the voters in the voting premises on the voting day;

e) in line No.5-the number of ballot papers issued to the voters who voted outside the polling station on the voting day;

f) in line No.6-total number of voters who took part in the elections (shall be determined as the total number of figures contained in lines 3,4,5);

g) in line No.15-the number of strike off certificates issued to the precinct election commission to the voters at the polling station;

h) in line No.15b-the number of voters who voted on the basis of strike off certificates at the polling station.

After that, the voters’ lists shall be put to the safe box.

6. Then the precinct election commission proceeds to the count of the votes contained in mobile voting boxes. Members of the precinct election commission who administered the mobile voting shall demonstrate to the present persons that the seals and stamps on portable ballot boxes are intact, and shall open one by one the portable ballot boxes, extract ballot papers and control sheets containing signatures of the PEC who were present when the portable ballot boxes were being sealed. The PEC chairman demonstrates control sheets.

The number of voters who participated in the outside voting shall be announced prior to the opening of each mobile box. The count of the ballot papers in each mobile box is conducted separately. The total number of ballot papers of an established format that were extracted from all mobile ballot boxes shall be introduced to the line No.8 of the protocol on election results and its enlarged version.

In case if it is established that the number of ballots in the portable ballot box exceeds the number of voters’ applications, containing the note on the amount of the ballots received, all ballots that were in this ballot box shall be declared invalid by decision of the precinct election commission and cancelled by cutting the lower right-hand corner, about which a separate act shall be drawn up, which shall be attached to the protocol on the voting results, and it should indicate family names and initials of the election commission members, who conducted the voting outside the polling station premises. These invalid ballot papers shall be packed separately and sealed, at that the number of the polling station shall be indicated and the note “invalid ballot papers extracted from the mobile ballot box” shall be made as well as the number of the ballot box and the number of ballot papers.

7. Ballots that do not conform to the established form shall not be taken into account in the course of vote counting. Non-conforming ballots shall be the ballots if their contents and/or the form do not correspond to the text and form of the ballot, adopted in accordance with the procedure stipulated under Article 39 of this Code.

8. The PEC chairman announces the beginning of the count of the ballot papers contained in the stationary box. They shall be opened after being examined by the chairperson of the precinct election commission to ascertain that their stamps (seals) remain intact. The PEC members extract the ballot papers and the control sheet with signatures of the PEC members and persons who were present when these boxes were being sealed. The PEC chairman demonstrates the control sheet. .

9. The precinct election commission members shall sort the ballots taken out of mobile and stationary ballot boxes by the votes cast for each candidate; at the same time separate the non-conforming ballots and invalid ballots. At that, the election commission members shall announce the voters’ marks made in each ballot paper and present the ballot papers for a visual control to all persons present at the cont of the votes.

At elections conducted at multi-mandate constituencies the sorting of ballot papers on candidates shall not be conducted.

10. The PEC members with an advisory vote, candidates’ representatives and observers have the right to acquaint themselves with the sorted ballot papers under the supervision of the commission members with decisive vote.

11. Then the counting of votes on the ballots of the established form shall be performed separately for each candidate as well as against the line titled “against all candidates”. The sorted ballots shall be counted aloud, by moving them one by one from one stack to another in such a way as to allow the persons present at the counting to see the voter’s mark in the ballot. Simultaneous counting of ballots from different stacks shall not be permitted. Obtained data which is determined on the basis of appropriate marks (votes) of the voters in the ballot papers cast in favor of each candidate and in favour of the position titled “against all candidates” shall be introduced to lines No.13 and 14 of the protocol on election results and to the enlarged protocol.

At election in a multi-mandate constituency the count of the votes on each ballot paper shall be performed by no less than two members of the precinct election commission.

12. Invalid ballots shall be counted and summed up separately. Invalid shall be considered the ballots on which it is impossible to establish the intention of the voter and also invalid ballot papers taken out from the mobile box (If the number of ballot papers contained in the mobile ballot box exceeds the number of applications submitted by the voters that contain the mark on the number of received ballot papers). Ballots that do not bear protective lines determined by the CEC, in particular those that are not signed by the PEC chairman and its secretary and are not stamped by the PEC’s stamp and which do not bear other established marks shall also be considered as invalid. Ballot papers, where the number of marks in favour of candidates exceeds the number of mandates in a given constituency shall be announced as invalid as well.

In case of doubt whether to recognize a ballot as invalid the precinct election commission shall resolve the issue by voting, whereupon it shall specify the reasons for the its invalidity on the reverse side of the ballot and such a note shall be authenticated by with the signatures of the chairman and secretary of the precinct election commission and sealed with the stamp of the commission. The total number of invalid ballot papers shall be introduced to line No.11 of the protocol on election results and to its enlarged version.

13. The precinct election commission members shall count, announce and introduce to line No.10 of the protocol on election results and to its enlarged version the number of valid ballots which is determined on the basis of marks made by the voters, on the grounds of which it is possible to establish self-expression of the voters.

The number of voters who attended the voting shall be entered into line No.12 of the protocol (shall be determined as the sum of figures of lines No.10 and 11 of the protocol on the voting results.)

The number of ballot papers contained in the stationary ballot box shall be entered into line No.9 of the protocol on the voting results.

14. The PEC chairman offers to all those who were present during the count of the votes to visually acquaint themselves with the ballot papers under the supervision of the PEC members with decisive vote. In case if the candidate’s representative or the observer have asked for a re-count, then the ballots should be re-counted with direct participation of candidate’s representative or observer and at that they shall be able to exercise visual control over the process. At that, the re-count of ballot papers shall be performed aloud.

15. After this control correlation of the data entered in the protocol on the voting results shall be checked. In case if the control correlations do not match, the precinct election commission shall take a decision on re-counting on all or individual items of the protocol on the voting results, in presence of the candidates’ representatives and observers. If during the re-count of lines No.2,3,4,5,7 of the protocol on voting results data does not match again, then the precinct election commission shall compile an appropriate act which shall be attached to the protocol on the voting results and shall enter data on discrepancy into special lines of the protocol on the voting results-into line 16 titled “the number of lost ballot papers” and into line 17 titled “the number of ballot papers that exceed the number of received ballot papers”.

If the number stipulated in item No.2 of the protocol on the voting results is greater than the summary of the numbers pointed out in lines 3, 4, 5 and 7 of the protocol on the voting results, the difference between the figure stipulated in line No.2 and the summary of figures laid down in lines No.3, 4, 5 and 7 shall be entered into line No.16; at that, number of “0” shall be entered into line No.17. If the number of figures stipulated in lines No.3, 4, 5 and 7 of the protocol on the voting results is greater than the number stipulated in line No.2 of the protocol on the voting results, than the difference between the summary of the figures laid down in lines No.3, 4, 5 and 7 and the number stipulated in line No.2 shall be entered into line No.17; at that, number “0” shall be entered into line No.16.

If final correlations match, then number “0” shall be entered into lines No.16 and 17.

If as a result of the repeated count of the votes the necessity arises to make changes to the protocol on the voting results, then the new blank of the protocol should be filled in and appropriate changes introduced to the enlarged form of the protocol. At that, the word “incorrect” shall be put on the old blank of the protocol..

16. After completion of the votes count the precinct election commission shall hold an obligatory concluding meeting where they shall discuss submitted complaints (statements) on violations made in the course of voting and count of the votes, make decisions on each complaint (application), upon which the protocol of the concluding meeting of the precinct election commission on voting results shall be signed by members of the precinct election commission and complainers who concur with the decisions made by the precinct election commission in relation to their complaints (statements) . While signing the protocol, members of the precinct election commission or complainers who disagree with the content of the protocol have the right to draft a special opinion and an appropriate note about that shall be entered into the protocol.

After compilation of the protocol on voting results, sorted ballots shall be packed into separate bags with indication of the number of the precinct election commission and the number of ballot papers contained in them. The ballot papers then shall be sealed by the precinct election commission members and put into a separate bag or box. The bag or box shall bear the number of the polling station, the number of ballot papers signed by the precinct election commission members. Packing of the ballot papers shall be conducted in the presence of members of the precinct election commission with advisory vote, candidates’ representatives, observers who shall have the right to put their signatures on the bag or on the box. The bag or the box can be opened only by decision made by the superior election commission or by the court.

17. The protocol on the voting results shall be filled in duplicate as well as one copy for each candidate and signed by all present members of the precinct election commission with indication of the date, time (hour and minute) of its signing. The protocol shall be valid if it is signed by the majority of the total number of the election commission members. When signing the protocol the members of the precinct election commission, who do not agree with its contents, shall have the right to express their separate opinion and attach it to the protocol, on which a relevant record shall be made in the protocol.

18. Upon signing of the protocol by the precinct election commission, the voting results shall be immediately announced in front of the precinct election commission members, observers, representatives of mass media and other persons.

19. The first master copy of the protocol on the voting results, after its signing, along with the voting documentation including the ballots, complaints (applications), the decisions made on them, acts drawn up by precinct election commissions shall be immediately delivered to the superior election commission by the chairperson of the precinct election commission or one of the commission members accompanied by the candidates’ representatives who were present at the votes count.

20. The second copy of the protocol along with the seal of the precinct election commission shall be kept by the secretary of the precinct election commission until the work of the election commission is ended.

21. Other copies of the protocol shall be given to the candidates’ representatives with their signatures provided to the precinct election commission.

22. The enlarged copy of the protocol on the voting results shall be posted for general information in a spot, determined by the precinct election commission.

23. On demand of any interested person the precinct election commission, after signing of the protocol on the voting results, shall be obliged to issue a copy of the protocol on the voting results to these persons or provide them with a possibility to make a copy and authenticate it.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7, December 23rd 2004 year, No.194)