§ Article 118(untitled)

Summarisation of results of election of head of community

1. The district electoral commission shall, in the manner and within the time limits
 prescribed by Article 74 of this Code, summarise the election results and adopt
 any of the following decisions:

 (1) on head of community being elected;

 (2) on calling a repeat voting in separate electoral precincts;

 (3) on declaring the election of head of community invalid;

 (4) on declaring the election of head of community as not having taken place.

2. The candidate having received the maximum number of ballot papers with
 affirmative vote shall be elected as head of community. Where one candidate is
 voted on, he or she shall be elected where more than half of those participating
 in the voting have cast affirmative votes in favour of him or her.

 Where 2 and more candidates have received an equal number of ballot papers
 with maximum affirmative votes, the elected candidate shall be determined by
 drawing of lots among them.

3. Where in the course of election such violations of this Code have taken place that
 might have affected the election results, the district electoral commission shall

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 adopt a decision on holding a repeat voting in separate electoral precincts, where
 it is possible to remedy these violations by such measure. Where it is impossible
 to remedy these violations by such measure, elections shall be declared invalid,
 and a repeat voting shall be called.

4. Where in the course of repeat voting for elections or in the course of holding a
 repeat voting in separate electoral precincts, such violations of this Code have
 taken place that might have affected the election results, the district electoral
 commission shall adopt a decision on declaring the elections invalid and shall call
 a repeat voting.

5. Where the district electoral commission adopts a decision on holding a repeat
 voting in separate electoral precincts, the repeat voting shall be held on the
 9th day following the adoption of this decision. In this case, the time limits
 prescribed by this Code for summarisation of results of elections of head of
 community shall be calculated from the day of repeat voting.

6. The election of a head of community shall be declared as not having taken place:

 (1) where the only candidate voted on has failed to receive the required

 number of affirmative votes of electors;

 (2) where no candidate has been registered within the time limit and in the

 manner prescribed by this Code for registration of candidates, or the

 number of candidates registered within the same time limit is less than 2;

 (3) in case of death of one of the candidates before the end of the voting;

 (4) in case of death of a candidate having received the maximum number of

 ballot papers with affirmative vote before the summarization of election

 results;

 (5) in cases of death of the elected head of community or refusal to assume

 powers after the election, before assuming powers;

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 (6) where based on the results of repeat voting, elections have been declared
 invalid.

7. The chairperson of the district electoral commission shall — within a 5-day
 period after adopting a decision on the results of the elections of head of
 community — submit it to the marz governor (regional governor).

8. In case elections of head of community are declared invalid, a repeat voting shall
 be held with the same composition of candidates, after 21 days following the
 voting day. Repeat voting with the same composition of candidates may be held
 only once.

9. The decision adopted by the district electoral commission based on the results of
 elections of head of community may be appealed against before the
 Administrative Court.

 (Article 118 supplemented by HO-158-N of 20 October 2016)