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Following the parliamentary elections held on October 27 in Bulgaria, questions have arisen regarding the possibility and timeline for a potential recount of ballots. According to Prof. Nataliya Kiselova, a constitutional law expert, a complete recount may occur as part of an audit conducted by the Central Election Commission (CEC) once the deadline for contesting the vote in the Constitutional Court has passed. Currently, that deadline has not expired, and if an appeal is made by Friday, it will need to find majority support in the existing 50th National Assembly. However, if the referral occurs next week, the initiative will require backing in the newly formed 51st National Assembly.
As of now, the CEC has not indicated any intention to conduct an audit, stating that it does not count ballots. Furthermore, Kiselova noted that a recount could also take place during pre-trial proceedings if there is evidence of misconduct by the chairman of the Sectional Election Commission (SEC) that misrepresents voters' intentions, although this would only involve a partial recount.
The Parliament holds the authority to examine the legality of the elections, while the Constitutional Court can determine how to proceed if violations of the electoral process are alleged. Prof. Dr. Plamen Kirov, another constitutional expert, emphasized that calls from various political parties for a recount are poorly framed and cannot be executed, as the CEC does not have the capacity to conduct a recount nor does it serve as a control body.
Kirov explained that the Constitutional Court can assess the presented evidence to identify any legal violations and declare the elections partially or entirely illegal for specific representatives. He added that the newly elected deputies may lack interest in contesting the election results since they have already secured their positions.
Former CEC Chairman Alexander Andreev stated that any recount could only occur within the context of an election appeal to the Constitutional Court. Should the court permit a recount in certain precincts, election officials would need to reopen ballot bags and recount the votes. After this process, experts must present their findings, and the Constitutional Court would then determine if a redistribution of mandates is necessary. Discrepancies in the vote count could lead to changes in the allocation of mandates.
An election expert remarked that simply reviewing video surveillance footage from polling stations would not justify a recount. He noted that the deactivation of cameras does not impact the integrity of the vote count unless there are inconsistencies in the results.
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