Repetition of elections

(points 3 and 4 amended by Law No. 74/2012, dated 19 July 2012)

1. After the completion of the appeals process, no later than three days from the tabulation of the result of the electoral zone, the CEC, upon its own initiative or upon a request of the subject, shall declare elections invalid and order their repetition in an entire electoral zone, if the invalidation that is declared for one or more voting centres, in accordance with Article 160 of this Code, impacts the allocation of seats in the electoral zone or nationwide.

2. A case when the number of voters who have voted or could have voted in the voting centre or centres declared invalid is equal to or larger than the number of voters required for the allocation of one seat in the respective electoral zone, based on the calculation of valid votes in the electoral zone, performed in accordance with Article 162, shall be considered an impact on the allocation of seats for the elections to the Assembly. For elections of a mayor of a local government unit, a case when the number of voters in centres declared invalid is larger than the difference between the two candidates who have received the highest number of valid votes shall be considered an impact on the result.

3. In the event of invalidation due to a natural disaster, in accordance with letter “b”, or failure to start the voting or its suspension for more than five hours, in accordance with letter “c” of point 1 of Article 160, the total number of the voters registered in the voting centre that was declared invalid shall be taken into consideration.

4. In the event of invalidation due to violations of the law, in accordance with letter “a” of point 1 of Article 160, or when the voting is declared invalid in accordance with the second paragraph of point 4 of Article 138 of this Code, and in the event the voting process has ended in accordance with this Code, the number of the voters who have voted in the voting centre that was declared invalid shall be taken into consideration when determining the impact.

5. A repetition of the elections shall be ordered by the same decision of the CEC that declares them invalid. Elections for local government councils shall not be repeated.

6. Elections declared invalid and which the CEC has decided to be repeated, in accordance with this Article, shall be repeated on the same day for all the electoral zones where their repetition has been decided. The decision for determining the date
of repetition of elections shall be taken by the CEC upon the completion of the appeal procedures, in accordance with this Part, or upon the expiry of the legal deadlines for the appeal provided for in this Part. The repetition of elections shall take place no later than 4 weeks from the date of the decision.

7. An appeal against a CEC decision whether or not to declare elections invalid shall be made in accordance with the deadlines and procedures set in this Part.