Requirement to issue reasoned decision

Name: Act XXXVI of 2013 onElectoral Procedure

Enactment:  1st September 2013

Quote:

Section 217

            (1)Election commissions may order the merging of on-going related cases for jointreview and adjudication.

            (2)If a new objection is submitted to an election commission regarding an issuethat had already been adjudged as to its substance, and the new objection doesnot contain evidence that has not yet been evaluated by the electioncommission, the chairman of the election commission shall send the submitter acopy of the previous resolution of the election commission – with all personaldata removed – and inform the election commission of this at the next meeting.

            (3) The election commission shallacknowledge the information by the chair via a decision set out in the records,or – if the conditions described in (2) do not apply – it shall issue aresolution as to the substance of the case.

Section 218

            (1) The election commission shalladjudge objections based on the available information.

            (2)If the election commission sustains the objection, it shall

            a)establish the fact of the legal violation;

            b)order the violator to cease the violation;

            c)destroy the election procedure or the part thereof affected by the legalviolation and order it to be repeated;

            d)have the power to issue a fine in case of violations of the rules of electioncampaigns and violations of the obligations described in Sections 124 (2) and155.