The Procedure for Determination of Elections Results by Superior Election Commissions
1. The first copies of protocols on the voting results of precinct election commissions, along with election related documentation specified in item 19 of article 44 of this Code, immediately after their signing by election commission members, shall be transferred directly to the superior election commission on act, including to the election commission, that determines the results of corresponding elections.
In case if the automated information system has been used during the electoral process, after preliminary inspection of the protocols made by the district election commission and entering the data into the State Automated System “Shailoo” a written act shall be drawn up on correspondence of the data entered into the State Automated System “Shailoo” with the data contained in the first copies of the protocols of the precinct election commissions, this act signed by the chairman of the precinct election commission or other commission member who has delivered the PEC protocol on the voting results, members of the group controlling the automated system use and by the person who is responsible for input of information, and they should indicate exact date and time of drawing up that act. A copy of the act shall be given to the chairman (member) of the district election commission.
2. After a preliminary review of the accuracy of the protocols of the precinct election commissions on the voting results, the superior election commission shall determine the results of voting on the relevant territory by means of summing up the data obtained from all of the precinct election commissions. . The superior election commission shall compose a summary table and the protocol on the results of voting including the data on the number of immediately subordinate election commissions, the number of received protocols, and also the summary data on the items of protocols of the precinct election commissions.
Prior to the signing of the protocol on the voting results on the appropriate territory, it is mandatory for the elections commission to conduct its final meeting, where it shall consider complaints (statements) it has received in relation to the conduct of voting, count of the votes, and compilation of protocols for lower election commissions. Election commission makes a decision on each complaint (statement), after which members of the commission and complainers who agree with the decisions adopted by the commission, shall sign the protocol of the commission’s final meeting. While signing the protocol of the commission’s final meeting, members of the commission or complainer who disagree with the content of the protocol may attach their special opinion and an appropriate note on that shall be made in the protocol. After that the election commission shall sign the protocol on the voting results at an appropriate territory.
3. The protocols of all election commissions shall be composed in (two copies) and one copy for each of the candidates, and signed by all present election commission members. A summary table on the voting results on the relevant territory composed in two copies, a separate opinion of the election commission members, as well as the received complaints (applications) and the decisions taken on them shall be attached to the protocols.
4. The top copy of the election commission protocol together with the top copy of the summary table shall be sent without delay after signing to the immediately superior election commission.
5. The second copy of the protocol together with all election documentation shall be kept by the secretary of the mentioned commission in a guarded room until their transfer to the archive.
6. Other copies of the protocol shall be given to authorized representatives of the candidates.
7. Enlarged protocol on the results of the voting shall be put for the public review in a place specified by the election commission.
8. In case if after signing of the protocol on the voting results and (or) of the summary table and sending their first copies to the superior election commission, the election commission that sent the protocol and the summary table discovers an inaccuracy in them it shall have the right to discuss an issue of making adjustments in the protocol and (or) the summary table at its meeting. The commission should without failure inform its members, observers, other persons present at the composition of the earlier approved protocol as well as mass media about this decision. In this case the election commission shall compose a protocol marked as “Repeated”. The mentioned protocol shall be sent without delay to the superior election commission.
9. Should there be found any discrepancies or errors in the protocols and (or) summary tables on the voting results, or doubts occur concerning the correctness of the composition of the protocols and (or) summary tables received from the subordinate election commissions, the superior election commission shall have the right to take a decision on conducting a repeated counting of the electors’ votes by the subordinate election commission. The repeated counting of votes is conducted with obligatory presence of a member (members) of the superior election commission, and a member (members) with advisory vote The election commission shall compile a protocol on the results of the repeated count of votes marked “Repeated count of votes” on the outcomes of the repeated counting. The protocol shall be sent without delay to the superior election commission
(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)