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| Law on Election of Members of Parliament
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Promulgated State Gazette No.37/13.04.2001
Chapter Eight
ESTABLISHMENT OF THE RESULTS OF THE ELECTION
Article 91
(1) After the end of the election day, the Chairperson of the District Election Committee shall announce the voting closed.
(2) Unused ballots and envelopes shall be packed and removed.
Article 92
The District Election Committee shall establish the results of the vote and reflect them into the district records.
Article 93
The opening of the ballot boxes and the establishment of the results of the voting may be attended by candidates, canvassers, representatives of parties, coalitions and initiative committees, observers and journalists.
Article 94
District records shall be drawn up in triplicate on three-layered carbon copy paper. Each counterpart shall include a sheet with separate pages. Before the records are filled in, a blueprint of identical form and contents shall be drawn up.
Article 95
(1) District records shall be signed by all committee members after their drawing up. After the signing, the Chairperson shall announce the results of the voting.
(2) Any amendments to the records after their signing may be made prior to the announcement of the results of the voting. Amendments shall be countersigned by all committee members and the word "amendment" shall be written next to them. Obvious mistakes shall be subject to amendment after the results are announced as well.
(3) No committee member may refuse to sign the records. The refusal of a committee member to sign the records shall be specified therein. A member who disagrees with the contents of the records shall sign them with a dissenting opinion.
(4) Where objective obstacles prevent a committee member to sign the records, this is specified therein, together with the reasons.
(5) The failure of a committee member to sign the records shall not render the records invalid.
(6) A transcript from the records shall be put at a visible place in front of the voting premises.
(7) Candidates, canvassers, representatives of parties, coalitions and initiative committees and observers shall be entitled to receive transcripts from the records.
Article 96
Before the ballot box is opened, the following data shall be entered into the records:
1. details of the election district, including the names of the committee members and the names of the other persons present;
2. the opening hour of the election day and the closing of the voting process;
3. the number of votes on the main election roll;
4. the number of voters on the additional election roll;
5. the number of voters who have cast their votes in accordance with the number of signatures put on the election rolls;
6. the number of certificates for voting elsewhere.
Article 97
(1) In the course of the establishment of the results of the voting:
1. one envelope shall correspond to one vote which may be valid or invalid;
2. the vote shall be valid only where the content of the envelope unambiguously expresses the will of the voter;
3. the number of voters who have cast their votes shall be equal to the number of envelopes found in the ballot boxes.
(2) An envelope containing one or more ballots of the approved format for the same election ticket shall correspond to one valid vote.
(3) The vote under para 2 shall be valid also in any of the following cases:
1. the envelope contains items which are not ballots of the approved format;
2. there are deviations in the ballots due to defects or mistakes in their production;
3. the ballots contain signs, words or names given in the voter's own hand or there are mechanical damages, stains or deletions.
(4) An envelope which does not contain ballots of the approved format or an envelope containing ballots of the approved format for different election tickers shall correspond to one invalid vote.
(5) Ballots found in the ballot boxes without envelopes shall not be counted in the establishment of the results of the election. These ballots shall be inscribed with the words "without any envelope" and packed separately.
Article 98
(1) All items except for the blueprints shall be removed from the table before the opening of the ballot box.
(2) Only one member designated by the Committee shall have access to the envelopes and ballots under the monitoring and supervision of the other members.
(3) The ballot box shall be opened and the envelopes shall be taken out one by one, put with the front side down and counted.
(4) Where a second ballot box has been used in the voting process, it shall be opened after the envelopes from the first box are finished and the taking out and counting of envelopes shall continue.
(5) After the envelopes are counted, they shall be opened one by one and their contents shall be taken out.
(6) Envelopes and ballots shall be arranged in piles as follows:
1. a pile of envelopes which do not contain ballots of the approved format, including empty envelopes;
2. a pile of envelopes containing ballots of the approved format for different election tickets; these ballots are cancelled by writing the word "cancelled" thereon and put back into the envelope;
3. piles of ballots for election tickets from the envelopes under Art. 97, para 2; where the envelope contains two or more ballots of the approved format for the same election ticket, one of them is put on the pile of the respective ticket, while the other ballots are cancelled by writing the word "cancelled" thereon and put back into the envelope;
4. a pile of the envelopes under Art. 97, para 2.
(7) Where a dispute arises in connection with the content of an envelope, the case shall be described on the records.
Article 99
(1) The District Election Committee shall count the number of votes cast in the election district.
(2) The number of votes for each election ticket shall be equal to the number of ballots in the respective pile under Art. 98, para 6, subpara 3.
(3) The number of invalid votes shall be equal to the sum total of the envelopes under Art. 98, para 6, subparas 1 and 2.
(4) The total number of valid votes shall be equal to the number under Art. 98, para 6, subpara 4.
Article 100
The following details shall be entered consecutively into the records of the District Election Committee:
1. the number of envelopes found in the ballot boxes;
2. the votes cast for each election ticket;
3. the total number of valid votes;
4. the number of invalid votes;
5. the number of requests, objections and petitions and the decisions made thereon.
Article 101
The counterparts of the records for the Constituency Election Committee and the Central Election Committee shall be delivered by the Chairperson or the Deputy Chairperson, the Secretary and a committee member to the Constituency Election Committee. The other papers and materials shall be delivered to the municipal administration.
Article 102
(1) The Constituency Election Committee shall accept and verify the district records.
(2) Where the Constituency Election Committee finds out obvious mistakes in the district records, the latter shall be referred back to the District Election Committee for amendment.
(3) Upon accepting the district records, the Constituency Election Committee shall issue and sign a receipt specifying the numerical information in the records. The members of the District Election Committee shall put the receipt next to the transcripts from the district records.
Article 103
(1) On the basis of the information from the district records, the Constituency Election Committee shall report the results of the voting in the multi-seat constituency and drawn up the constituency records.
(2) Constituency records shall be drawn up in duplicate on two-layered carbon copy paper. Each counterpart shall include a sheet with separate pages. Before the constituency records are filled in, a blueprint of identical form and contents shall be drawn up.
(3) The votes from the vessels where election districts have been established shall be added to the voted in the multi-seat election constituency under Art. 42.
(4) The votes from abroad for the parties and coalitions and the independent candidates shall be added to the voted in the multi-seat election constituencies in accordance with the methodology set out in Art. 23, para 1, subpara 9.
Article 104
(1) Constituency records shall be signed by all committee members.
(2) After the signing, the Chairperson shall announce the elected independent candidates and the results of the voting for the election tickets of parties and coalitions.
(3) Where obvious mistakes are found out, amendments may be made in the constituency records. Amendments shall be countersigned by all committee members and the word "amendment" shall be written next to them.
(4) No member of the Constituency Election Committee may refuse to sign the records. A member who disagrees with the contents of the records shall sign them with a dissenting opinion.
(5) Where objective obstacles prevent a committee member to sign the records, this is specified therein, together with the reasons.
(6) The failure of a committee member to sign the records shall not render the records invalid.
(7) A transcript from the records shall be put at a visible place in front of the buildings where the Constituency Election Committee is located.
(8) Candidates, canvassers, representatives of parties, coalitions and initiative committees and observers shall be entitled to receive transcripts from the constituency records.
Article 105
Constituency Election Committees shall create data bases through computer processing of district records in the constituencies and the cabled records from abroad and the vessels sailing under the Bulgarian flag.
Article 106
(1) The Chairperson or the Deputy Chairperson, the Secretary and a member of the Constituency Election Committee shall submit the first counterpart of the constituency records, the first counterparts of the district records and copies of the receipts under Art. 102, para 3 to the Central Election Committee not later than 48 hours after reception of district records.
(2) After verification of the papers under para 1, the Central Election Committee shall issue a receipt to the Constituency Election Committee.
(3) The papers and materials of the Constituency Election Committee, except for those to be submitted to the Central Election Committee, shall be delivered to the administration of the region where the Committee is located.
(4) Regional administrations shall keep the election papers and materials until the next elections.
(5) The election papers and materials from the voting abroad shall be submitted to the Central Election Committee, while those from the voting on vessels sailing under the Bulgarian flag shall be submitted to the municipality under Art. 42. These papers and materials shall be kept in pursuance of the provisions of para 4.
Article 107
The Central Election Committee shall determine the total number of seats for each party and coalition in proportion to the valid votes cast for them in the whole country and abroad on the basis of the D'Ondt method, while observing the methodology under Art. 23, para 1, subpara 9.
Article 108
(1) Only parties and coalitions which have carried at least four per cent of the valid votes in the whole country and abroad may participate in the allocation of seats at the nationwide level.
(2) The number of seats to be allocated among the parties and coalitions under para 1 shall be equal to the number of Members of Parliament minus the number of elected independent candidates.
Article 109
The seats shall be allocated among the election tickets of parties and coalitions in the multi-seat constituencies, while observing the methodology under Art. 23, para 1, subpara 9.
Article 110
(1) Where a candidate for Parliament nominated by a party or coalition has been elected in two multi-seat constituencies, such candidate shall state in writing before the Central Election Committee which ticket he or she would like to remain elected on within one day of becoming aware of this fact.
(2) In the cases under para 1, the Central Election Committee shall announce the first non-elected candidate on the ticket which the candidate for Parliament has abandoned to have been elected.
Article 111
The Central Election Committee shall announce the results of the voting as follows:
1. the votes cast and the allocation of seats among parties, coalitions and independent candidates - not later than four days after the election day;
2. the names of the elected Members of Parliament - not later than seven days after the election day.
Article 112
Candidates for Parliament and the central leaderships of the parties and coalitions which have run the elections may challenge the legitimacy of the election through the bodies under Art. 150, para 1 of the Constitution of the Republic of Bulgaria before the Constitutional Court within 14 days after the announcement of the results by the Central Election Committee.
Article 113
(1) The Central Election Committee shall create a database through computer processing of constituency records and cabled records.
(2) The data in the database under para 1 shall be collated to the data bases of Constituency Election Committees. In the case of discrepancies or obvious mistakes, the Central Election Committee shall make a decision on each specific case and update the database.
(3) The results of the election on the basis of the proportional representation system shall be determined in accordance with the updated database.
(4) Where the discrepancies or mistakes under para 2 may change the result in the election of an independent candidate as Member of Parliament, the Central Election Committee shall communicate them to the candidates, parties and coalitions concerned.
(5) The bulletin of the Central Election Committee shall be published in accordance with the updated database.
(6) The updated database of the Central Election Committee on a magnetic carrier shall be submitted to the President of the Republic, the Council of Ministers, the parties, coalitions and independent candidates who have run the elections, sociological agencies, libraries, universities, the Bulgarian Academy of Sciences and other institutions.
(7) The database under para 6 may not be changed or distributed without the permission of the Central Election Committee. | |
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