§ Article 50(untitled)

Recount of voting results

1. The candidate included in the list of the political party running in elections or the

 candidate for head of community or member of council of elders or the proxy,

 where they have been present at the process of summarising the voting results in

 the electoral precinct, as well as the member of precinct electoral commission —

 in case of making a record in the protocol on the voting results in the electoral

 precinct on having a special opinion concerning the procedure of summarising

 the voting results — shall have the right to appeal against the voting results in

 the electoral precinct concerned in the manner and within the time limits

 specified by this Code, filing an application for recount of the voting results at

 the electoral precinct (hereinafter referred to as “the recount”) to the district

 electoral commission.

 Application for recount of the voting results in the electoral precinct may be

 submitted only to the relevant district electoral commission on the day following

 the voting, from 12:00 to 18:00 or on the second day following the voting, from

 9:00 to 11:00.

2. Application for recount shall contain the name, surname, address of the

 applicant, and the number of the electoral precinct where the recount is

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 requested, as well as the voting results (if several votings have been held

 simultaneously) for which the recount is requested. Evidence on erroneous

 summarisation of the voting results may be attached to the application.

 The application for recount must be signed by the applicant.

3. Where several votings have been held simultaneously, a member of precinct

 electoral commission may submit an application for recount only with regard to

 the voting results, in the protocol of which he or she has made a record on

 having a special opinion.

4. Where several votings are held simultaneously, a separate application for

 recount of results of each voting shall be submitted.

5. District electoral commission shall record the submitted applications for recount

 in the registration book, indicating the date of receipt.

6. Recount process shall start at 14:00 on the day of the deadline prescribed for

 the receipt of recount applications and shall be completed at 14:00 of the 5th

 day following the voting day (hereinafter referred to as “the deadline for

 recount”). While carrying out the recount, the electoral commission shall work

 7 days a week, from 9:00 (except for the case prescribed by this part) to 18:00.

 The electoral commission shall continue the recount after 18:00 if it has failed to

 complete the already started recount for the electoral precinct, as well as in

 cases where it is not possible to complete in the first place the recount of the

 voting results at the electoral precinct by working till 18:00, prescribed by part 7

 of this Article before the deadline for recount.

7. District electoral commission shall in the first place recount the voting results of

 all those electoral precincts, concerning which the district electoral commission

 believes that sound evidence on erroneous summarisation of the voting results

 has been submitted, as well as it shall recount the voting results of all those

 electoral precincts, the examination of protocols whereof (including examination

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 of inaccuracies) has made the district commission uncertain concerning the

 erroneous summarisation of the results. District electoral commission shall in the

 second place recount the voting results of all those electoral precincts

 concerning which a recount application has been submitted and there is a record

 in the registration book of that precinct electoral commission on impossibility to

 print the statement of information prescribed by point 3 of part 2 of Article 68 of

 this Code. For each turn, the district electoral commission shall decide, by

 drawing of lots, upon the order of the recount of the voting results in electoral

 precinct.

8. Where the recount of voting results prescribed by part 7 of this Article has been

 completed before the deadline for recount, or no such results have been

 recorded, the district electoral commission shall — based on the available

 applications for recount — decide, by drawing of lots, upon the order of the

 recount of the voting results in the electoral precinct.

9. Withdrawal by the applicant of the application for recount of the voting results in

 the electoral precinct shall not serve as a basis for not carrying out the recount.

10. The recount shall be carried out in accordance with the requirements prescribed

 by this Code for summarising the voting results in an electoral precinct, except

 for the number of self-adhesive stamps and numbered pass, and a protocol on

 the recount of voting results in the electoral precinct shall be drawn up, the lines

 indicating the “number of self-adhesive stamps allocated to the precinct electoral

 commission” and the “number of numbered passes allocated to the precinct electoral

 commission” shall be filled in with figures recorded by the precinct electoral

 commission unless there are obvious mechanical mistakes found therein.

 When carrying out recount, the validity of ballot paper shall be determined in

 accordance with the requirements of this Code.

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 Persons having the right to attend the sitting of the commission shall, upon their

 request, be provided with carbon copies of protocols on the recount of voting

 results in the electoral precinct.

11. Depending on the workload, the district electoral commission may carry out
 recount of voting results of the electoral precinct with at least 3 members of the
 commission simultaneously. When carrying out recount of voting results with at
 least 3 members of the commission, the responsibilities of the chairperson of
 precinct electoral commission prescribed by this Code for summarising the
 voting results shall be carried out by the deputy chairperson of district electoral
 commission or the secretary of commission, and where they are not included in
 that composition — by the member appointed by the chairperson of district
 electoral commission.

12. Duration of the recount of voting results of one electoral precinct may not
 exceed 4 hours.

13. Members of respective precinct electoral commission, persons having the right to
 attend the sittings of the electoral commission, the candidate may be present
 during the recount process of voting results of the electoral precinct.

14. During the recount of voting results of the electoral precinct, the candidate, the
 proxy and the person having submitted an application for recount shall have the
 right to get acquainted with the lists of electors having participated in the voting,
 along with other documents, to independently make extracts.. Proxies,
 observers, mass media representatives may photograph, videotape the recount
 activities.

15. The absence of the applicant for recount shall not serve as a basis for not
 carrying out or terminating the recount.

16. The district electoral commission shall reject the application for recount of voting
 results of the electoral precinct, and the recount shall not be carried out where
 the recount has been requested in violation of the provisions of this Article.

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 (Article 50 amended by HO-119-N of 30 June 2016, HO-158-N of 20 October
 2016)

 (Amendments to Article 50 shall be applied upon entry into force of Law
 HO-158-N of 20 October 2016, starting from the first round of election of
 the National Assembly)

 CHAPTER 9

 FUNCTIONS AND POWERS OF ELECTORAL COMMISSIONS