1. The election commission authorized by this Code shall determine the elections results on the basis of the protocols filed directly by subordinate election commissions through summing up the data contained in them. Members of the mentioned commission shall determine the election results by their personal presence.
A territorial election commission shall be obliged to hold a review meeting to discuss all submitted complaints (applications) on violations in the course of preparation and conduct of elections, take a decision on each complaint (application), after which members of the election commission together with complainers who agree with the decisions in relation to received complaints and statements adopted by the territorial election commission it shall sign the protocol of the final meeting of the territorial election commission.
2. The territorial election commission shall make up a protocol on the election results, in which the data of received protocols shall be entered, on the basis of which the results of elections and data on the number of directly subordinate election commissions are determined, and it shall draw up a summary table on the summed up data of the precinct (district, city) election commissions protocols.
3. Elections shall be declared by the respective election commission as voided when:
the number of voters who participated in voting is less than that established by the Special Part of this Code;
the number of votes cast in favour of the candidate (candidates) who won the majority of the votes in comparison with the other candidate (other candidates) is less than the number of votes cast against all candidates . In this case repeated elections shall be conducted, and former candidates may not be nominated to contest for repeated elections.
The number of voters who participated in voting shall be determined by the number of voters’ signatures in the electoral registers confirming their receipt of voting ballots.
The number of voters who participated in voting shall be determined by the number of ballot papers of established format extracted from the ballot boxes.
4. The respective election commission shall declare elections results invalid:
a) in case if violations made in relation to this code in the course of voting and count of the votes or determination of the voting results do not allow to reliably establish the results of the voters’ expression of their will;
b) if, in the course of conduct of elections, votes counting or determination of the voting results, there occurred any violations of this code that affected the election results;
c) upon decision of the court on the grounds and in accordance with procedures specified by this code.
If the election results on the territory of the PEC have been announced as invalid, results of the election in a given constituency shall be determined on the basis of election results obtained in the rest of the polling stations located at that constituency. If the election results on the territory of the PEC have been announced as invalid which may influence the election results in the entire constituency then repeated voting shall be conducted on the territory of that PEC within 2 weeks time. .
5. A respective election commission shall announce election results as invalid in the following cases:
a) in case if the elections results were declared invalid on part of the polling stations where the number of voters constituted more than one-third of the total number of the registered voters listed in the voters’ register;
b) Upon the court’s verdict issued in on the grounds and in accordance with an order specified by this code.
6. In case if the candidate, his/her representatives, appropriate commission members with an advisory vote and observers who attended the closing of the election results did not have any complaints in relation to the voting process, summary of the results and compilation of the protocol on the voting results which was appropriately noted down in the protocol and sealed with their signatures; but if in the future they lodge complaints in relation to the results of the voting, drawing up of results and compilation of the protocol on the voting results, then their complaints and statements cannot serve as sufficient grounds for recognition of the voting and election results as invalid.
(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7)
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