First instance body dealing with electoral disputes

Article 151.

1)  TheState Election Commission, “ex officio”or based on a filed complaint, shall with a decision annul the voting at thepolling station in the following cases:

  if the Election Board fails to conductthe voting in the manner defined by this Code;

  if thesecrecy of voting has been violated;

  if thevoting has been suspended for more than three hours;

  if thepolice has failed to respond to the request for intervention made by theElection Board, provided there was a need for such intervention and that thishas influenced the conduct of the voting in the polling station;

  in caseit has been established that there is a greater number of ballots in 
theballot box than the number of voter turn out; and

 If any personor persons have voted for other person (persons).

(2) When deciding upon complaints the StateElection Commission is obliged to inspect the overall election materials in thecases stipulated in the lines 1, 2, 5 and 6 of paragraph 1 of this article, ifthe facts which are invoked have been entered in the protocols.

(3) TheState Election Commission shall repeat the voting with a decision in cases
stipulated in paragraph 1 of this article at the polling stations where thevoting has been annulled, if the total number of voters registered at thosepolling stations on the level of electoral district, city, i.e. municipalityhas an impact on the overall results.

(4) A lawsuitagainst the decision from paragraphs 1 and 2 of this article may be submittedto the Administrative Court through the State Election Commission within 24hours from the receipt of the decision.

(5) TheAdministrative Court must act on the lawsuit within 48 hours of its receipt.

(6) Thevoting at the polling station that has been annulled shall be repeated 14 days
from Election Day.

OSCE Unofficial Translation of the Electoral Codeof the Former Yugoslav Republic of Macedonia as of 13 November 2012,

published in the Official Gazette 40/2006Amendments published in the Official Gazette 136/2008, 44/2011 and51/2011Corrigenda published in the Official Gazette 148/2008, 155/2008,163/2008

and 142/2012(Consolidated version) http://www.venice.coe.int/webforms/documents/?pdf=CDL-REF%282013%29013-e