Summarisation of results of election of members of council of elders

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

(1) on members of community council of elders being elected;
(2) on calling a repeat voting in separate electoral precincts;
(3) on declaring the election of a community council of elders as invalid;
(4) on declaring the election of a community council of elders as not having taken place.

2. A respective number of candidates for member of council of elders, referred to in part 3 of Article 105 of this Code, who have received the maximum number of ballot papers with affirmative vote, shall be elected in the community. In the event of a tie of ballot papers with affirmative vote, the elected candidate shall be determined by drawing of lots between 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 adopt a decision on holding a repeat voting in separate electoral precincts, if 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 elections results, the district electoral commission shall adopt a decision on declaring the elections as 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 the results of elections of a community council of elders shall be calculated from the day of repeat voting.

6. In case of declaring elections of members of a community council of elders as 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.

7. Election of members of a community council of elders shall be considered as not having taken place where the number of candidates, registered within the time limit and in the manner prescribed by this Code for registration of candidates, is less than or equal to the number of members of a community council of elders referred to in part 3 of Article 105 of this Code, or where after registration the number of candidates falls below the half of the number of members of a community council of elders referred to in part 3 of Article 105 of this Code, or, based on the results of the repeat voting, elections of the community council of elders have been declared as invalid.

8. The chairperson of the district electoral commission shall — within a 5-day period after adopting a decision on the results of the elections of members of a community council of elders — submit it to the marz governor.

9. The decision adopted by the district electoral commission based on the results of election of members of a community council of elders may be appealed against before the Administrative Court.

(Article 119 amended by HO-158-N of 20 October 2016)