PARLIAMENTARY ELECTIONS

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L A W S

ELECTORAL CODE OF THE REPUBLIC OF ARMENIA

Adopted by the National Assembly of the Republic of Armenia,
on February 5, 1999

Third   Reading

P A R T  O N E

Section three: VOTING SUMMARIZATION OF THE VOTING RESULTS

CHAPTER TWELV

SUMMARIZATION OF THE ELECTION RESULTS, PROCEDURE FOR DETERMINING THE INACCURACIES

Article 60: Procedure for Summarization of the Results of Voting and Determining the Inaccuracies at Precincts

1. The Chairman of the Precinct Electoral Commission bans the access of voters to the precinct center at 8:00 p.m., enables the voters at the precinct center to vote, closes the ballot box slot, invites asks all the persons not entitled to attend the sessions of the Precinct Electoral Commission out, and closes the precinct center. After these steps are performed the Precinct Electoral Commission starts the session for summarization of the voting results. For that purpose:

1). unused ballots, wrongly marked by voters ballots and returned ballots are counted, cancelled in the procedure established by the Central Electoral Commission, and sealed;

2). the total number of voters is counted based on voter lists;

3). the number of voters, that have received ballots, based on the signatures available in the voter list is counted; afterwards the above-mentioned lists are sealed;

4). the ballot box is opened.

2. The Chairman of the commission takes one ballot out of the ballot box, declares the validity or invalidity of the ballot, and in case the ballot is valid ballot – also who it is voted for. Upon request he/she shall pass the ballot to the other members of the commission. In case a commission member disagrees with the opinion of the Chairman, he/she submits an objection. It is put to vote. In the event of the objection, based on the voting results, and in case of no objection, in accordance with his/her statement the Chairman puts the ballot in the pack of ballots for the particular candidate (party), "against all", or "invalid" ballots, after which takes the next ballot out of the ballot box. This action is repeated for all the ballots available in the ballot box. During the implementation of the assortment of the ballots the members of the commission are banned from making notes, as well as having pens, pencils or other objects for making notes.

3. After the assortment of all the ballots available in the ballot box the Chairman, in the presence of the members of the commission, one by one counts the invalid ballots, ballots with votes against all, as well as the votes given for each candidate (party). Based on the results, the total number of valid ballots of approved specimen and of votes given for the candidates is counted. The counted and assorted ballots are wrapped and sealed, in the procedure established by the Central Electoral Commission.

4. Afterwards the Precinct Electoral Commission, based on the data of the precinct summarization protocol, compiles a protocol on the amount of inaccuracies. The commission decides the amount of inaccuracies in the following way:

1). compares the number of ballots given to the Precinct Electoral Commissions, with the total number of the ballots in the ballot box and the cancelled ballots. The difference is noted as the amount of first inaccuracy;

2). compares the number of signatures in the voter lists with the number of the ballots in the ballot box. The difference in absolute number is noted as the amount of second inaccuracy;

3). the amounts of inaccuracies mentioned in sub-points one and two of this point are added. The total is the amount of inaccuracies at that precinct;

5. Each activity envisaged in the points three and four of this Article are carried out in the order mentioned, and each action is carried out after the previous one is over, and a protocol has been compiled. On each of the mentioned actions a separate protocol, in two copies, is compile and signed by the members of the commission attending the session, one of the copies being wrapped and sealed together with documents serving as a basis.

Article 61: Precinct Protocols

1. The protocol of summarized results of voting includes:

1). the total number of voters according to voter lists;

2). the number of the registered voters, that have received ballots according to signatures;

3). the number of ballots allocated to the Precinct Electoral Commission;

4). the number of cancelled ballots;

5). the number of valid ballots in the ballot box;

6). the number of invalid ballots;

7). the total number of the ballots in the ballot box;

8). the number of the ballots cast against all candidates (parties);

9). the number of votes cast for each of the candidate (party);

10). the total number of votes cast for candidates (parties).

2. The figures, that are counted and registered in the protocol, are declared loudly.

3. The protocols are signed by the members of the commission attending the session; it is sealed by the Chairman of the commission. If any member of the commission has a special opinion on the data of the protocol, he/she makes a remark next to his/her signature and submits his/her written opinion, which is attached to the protocol.

4. If a member of the commission refuses to sign the protocol, a protocol thereof is compiled and attached to the summarization protocol of the voting results.

5. From the end of the voting until the compilation of the protocol on the inaccuracies, the session of the Precinct Electoral Commission cannot be interrupted.

6. At the end of the session, but not later than 12 hours after the end of the elections, the Chairman of the commission publishes the results of the voting.

7. Upon the request of the proxy of a candidate (party) or an observer they are provided with copies of the Precinct summarization protocol, ratified by the signature of the Chairman of the commission or the Secretary and the seal of the commission.

8. Copies of the summarization protocol and the protocol on the inaccuracies are displayed at the precinct center, in a visible place. Afterwards the Chairman of the Precinct Electoral Commission submits one copy of the summarization protocol and the protocol on the inaccuracies, and the sealed package of ballots promptly submits to the relevant Regional Electoral Commission, in conformity with the procedure established by the Central Electoral Commission.

Article 62: Procedure for Summarization of the Precinct Summarization Protocols at the Regional Electoral Commissions

1. Based on the summarization protocols of Precinct Electoral Commissions, the Regional Electoral Commission summarizes the preliminary results of the elections in the Region, the number of votes cast for each candidate in the region, the total turn-out, and the amount of inaccuracies.

2. Not later than within 22 hours after the voting has been completed, the preliminary results of elections are recorded, published by the Chairman of the Regional Electoral Commission, and are officially forwarded to the Central Electoral Commission.

3. Not later than within 48 hours after the completion of voting, and in case of complaints in the Court, or Regional Electoral Commission on the results of voting in the precincts – within four days, the Regional Electoral Commission compiles summarization protocol of the election results in the Region, entering:

1). the total number of voters by voter lists;

2). the number of the registered voters, who have received ballots, according to the signatures;

3). the number of ballots, allocated to the Precinct Electoral Commissions;

4). the number of cancelled ballots;

5). the number of valid ballots in the ballot boxes;

6). the number of invalid ballots;

7). the total number of the ballots in the ballot box;

8). the number of the ballots cast against all candidates (parties);

9). the number of votes cast for each of the candidate (party);

10). the total number of votes cast for candidates (parties);

11). the amount of inaccuracies.

4. The summarization protocols of the election in the Region are signed by the members of the commission attending the session; it is sealed by the Chairman of the commission. If any member of the commission has a special opinion on the data of the protocol, he/she makes a remark next to his/her signature and submits his/her written opinion, which is attached to the protocol.

5. If a member of the commission refuses to sign the protocol, a protocol thereof is compiled, which is attached to the summarization protocol of the final results of elections in the Region.

6. The summarization protocol is signed by the members of the commission attending the session; it is sealed by the Chairman of the commission.

7. The results of elections in the region are made public, and the Chairman of the Regional Electoral Commission submits one copy of the relevant protocol together with all the election documentation left in the Regional Electoral Commission to the Central Electoral Commission.

8. Upon the request of the proxy of a candidate or an observer, they are given copies of the summarization protocol of the elections in the Region, on the election results in the Region, which has to be ratified by the signature of the Chairman of the commission or the Secretary and the seal of the commission.

9. During national elections the Regional Electoral Commission, after voting is completed, has to report to the Central Electoral Commission, at least every three hours, the current election results by Precincts.

10. Upon the written request of two members of the Regional Electoral Commission or the proxy of the candidate (party), the Regional Electoral Commission verifies the conformity of the precinct summarization protocols of the relevant precinct with the factual results of the elections. The members of the relevant precinct commission – authors of the special opinion made during the compilation of the precinct summarization protocol, Chairman of that commission, candidates (parties) and proxies can participate in verifications.

Article 63: Procedure for the Summarization of the Election Results at the Central Electoral Commission

1. Based on the preliminary results of elections received from the Regional Electoral Commissions the Central Electoral Commission, not later than 28 hours after the completion of voting announces the preliminary results of elections, the number of votes cast for each candidate, the total number of the voters and the amount of inaccuracies.

2. Until the announcement of the preliminary results of the elections the session of the Central Electoral Commission is not interrupted.

3. The Central Electoral Commission, whose session can be attended by persons entitled to be present at the session, based on the complete final results of the elections in the Regions, not later than within 72 hours after completion of the voting, and in case of the complaints in the Court, or Regional Electoral Commission on the results of voting in the precincts – within five days, compiles the summarization protocol of the election, entering the overall information and that by Regions:

1). the total number of the voters by voter lists;

2). the number of the registered voters, who have received ballots, according to the signatures;

3). the number of ballots, allocated to the Precinct Electoral Commissions;

4). the number of cancelled ballots;

5). the number of valid ballots in the ballot boxes;

6). the number of invalid ballots;

7). the total number of the ballots in the ballot box;

8). the number of the ballots cast against all candidates (parties);

9). the number of votes cast for each of the candidate (party);

10). the total number of votes cast for candidates (parties);

11). the amount of inaccuracies.

4. The protocol is signed by the members of the commission attending the session; it is sealed by the Chairman of the commission.

5. If any member of the commission has a special opinion on the data of the protocol, he/she makes a remark next to his/her signature and submits his/her written opinion, which is attached to the protocol.

6. If any member of the commission refuses to sign the protocol, a note thereof is made in the protocol.

7. Upon the request of the proxy of a candidate (party) or an observer they are provided with a copy of the summarization protocol on election results ratified by the signatures of the Chairman and the Deputy Chairman of the commission and the seal of the commission.

8. The preliminary summarization protocols of the elections of the President of the Republic and elections to the National Assembly by proportional system are compiled within two hours after the voting is completed.

9. The Chairman of the Central Electoral Commission, or upon his request one of the members of the commission, after the voting is completed, makes a report on the state television and radio, every three hours, on the current results of the elections of the President of the Republic and the elections to the National Assembly by proportional system. Within three hours after taking a decision on the elections of the President of the Republic and the elections to the National Assembly by proportional system, the Chairman of the Central Electoral Commission, or upon his request - one of the members of the commission makes a live report on the state television and radio on final official results of the elections.

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