§ Electoral Code art. 95Deadline for lodging appeals

en · 3,406 chars · active
Deadline for lodging appeals
(1) During the electoral period, the general deadline for lodging appeals is 3 calendar
days, which shall be calculated from the day following the day on which the action was
committed, the inaction was identified or the decision was adopted.
(2) In the cases provided for in this Code or in other legislative acts, the deadline for
lodging appeals may not be later than the election day or another specific or determinable
date (circumstance).
(3) In the event of divergence between the rules of this Code and other legislative acts,
the provisions of this Code shall apply in the part pertaining to the deadline for lodging appeals
during the electoral period.
(4) Objections relating to the facts referred to in Article 91 (1) (d) shall be submitted to
the appropriate electoral body within 3 calendar days from the identification of the
infringements, including after election day, but before the validation of the mandates.
(5) Appeals regarding election coverage by media service providers shall be submitted
to the Audiovisual Council within 3 calendar days of the identification of the infringements by
which the rights of the objector have been infringed.
(6) Applications for a right of reply and for appealing the refusal to grant the right of
reply shall be submitted within the deadline laid down in Chapter XII.
(7) Applications for cancellation of the registration, accreditation or confirmation of
electoral subjects shall be submitted to the competent electoral body no later than 5 days
before the election day. Applications submitted after that deadline shall be examined when
the results of the elections are totalised and confirmed.
(8) The lodging of administrative actions and the lodging of appeals against judicial
acts shall be carried out within the same deadline laid down in paragraph (1).
(9) After the day of elections or referenda, appeals may be lodged within 3 calendar
days of the day of the vote, but no later than:
a) the adoption of decisions by electoral bodies on the approval of minutes on the
totalisation of the results of local elections and referenda and/or the validation of the mandates
of local elected representatives;
b) the confirmation of the results of parliamentary and presidential election or
republican referenda and the validation of the mandates of candidates elected by the
Constitutional Court.
(10) Applications for vote recounting may be submitted within 3 calendar days of the
preliminary voting results being made public. The Central Electoral Commission, where
applicable, shall order the recounting of votes if the infringements referred to in the application
are likely to influence the results of voting and the distribution of seats, respectively.
Applications for recounting the votes are well founded if a difference of up to 10% between
valid votes cast for electoral competitors or between votes cast in referendum is established,
and if the data recorded or the corrections made in the minutes on vote count question their
compliance and veracity.
(11) The lodging of appeals shall not suspend the execution of acts issued by electoral
bodies or other competent authorities, unless the legislative acts in the electoral field provide
otherwise or the authority, as the case may be, has not ordered the suspension of the
enforcement of the contested acts under the conditions of the Administrative Code.

Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.