Today, in the Administrative Court – Varna, two cases were opened on complaints of candidates for mayor of Asparuhovo District, Varna Municipality. The complainants – Krasen S. and Sergey Hr. challenge Decision No. 259/30.10.2023 of the Municipal Election Commission (ECC) Varna, by which, on the basis of Art. 452 of the Electoral Code and based on data received from the protocols of the Sectional Election Commission (SEC), Ivaylo M. was declared elected in the first round as mayor of the “Asparuhovo” region.
In both appeals, it is claimed that the procedural decision is illegal and that there have been significant violations of the Election Code (EC) in the conduct of the election process and reporting of the election results, and that these violations have led to a real change in the final election result. The complainants believe that in the election process in the “Asparuhovo” region, the rules of the Election Code were not followed when drawing up the protocols of the SEC, and numerous errors and corrections were made, signed by the members not in the established order; the function of the individual members in the SEC on the election day was not distributed from the beginning with a decision objectified in a protocol; electors with accompanying persons are allowed to vote without need and without observing the legal order; candidates were present in the election room and booth outside the time for announcing the election day as open and closed; there is a discrepancy between the copies of the minutes of the CEC distributed to the participants and the protocol objectifying the work of the CEC.
The court is requested to appoint a forensic examination, in which the expert, after performing an analysis of the ballots determined as valid and invalid, will answer the questions:
– How many valid and invalid ballots are there for the election of mayor of Asparuhovo region? Do they correspond to what is described in the SIC protocols? Are the votes distributed correctly among the candidates? In the event that the actual and invalid ballots do not correspond to the election result, does the one established by the expertise change the final result?
In both appeals there is a special request to suspend the contested decision of the OIC Varna.
An administrative case has also been opened on the complaint of Daniel N., in his capacity as a candidate for municipal councilor who participated in the local elections on October 29, 2023, against Decision No. 260/30.10.2023 of the Varna Municipal Election Commission /OIC/ , to announce the results of the election and distribution of the mandates for municipal councilors only for the lists of MK “Bulgarian Voice” / Union of Free Democrats. Agricultural People’s Union. United Bloc of Labor Bulgarian Laborists. Social Democratic Party/.
According to the complainant, the Municipal Electoral Commission wrongly assumed that he received only 615 valid preferences /preferences/, instead of the 751 submitted, according to him. Daniel N. asks the court to declare Anton A.’s election as a municipal councilor from the list of MK invalid “Bulgarian Voice” / Union of Free Democrats. Agricultural People’s Union. United Bloc of Labor Bulgarian Laborists. Social Democratic Party/ according to the procedural Decision and to return the case as a file to the Varna Municipal Election Commission, for his announcement as a municipal councilor.