Procedure for formation of PEC

1. PEC shall be comprised of at least 7 members.

2. PEC members shall be appointed by:

(1) political parties (alliances of political parties) having a faction in the National Assembly — 1 member every where the number of factions is more than 4, and 2 members every where the number of factions is less than 5;

(2) the relevant TEC — 2 members.
To appoint a member to every PEC, every member of the TEC (except for the chairperson of the commission) may nominate 1 candidate. Where the number of nominated candidates is more than 2, the TEC shall select the 2 members of the PEC by drawing of lots in accordance with the procedure prescribed by the CEC.

3. Where no member of the commission is appointed by any political party (alliance of political parties) — in the manner and within the deadlines prescribed by this Code for formation of PEC — or the number of candidates nominated by the members of the TEC is less than 2, the vacant positions of the commission shall be filled instead of them by the chairperson of the relevant TEC, within a 3-day period after the expiry of deadlines prescribed for formation of the commission. In case of filling vacant positions of the PEC in the manner prescribed by this part, the decision of the CEC on distribution by precincts of chairpersons and secretaries of PECs shall not be changed even where the filling of vacant position resulted in violation of proportionality prescribed by the decision.

4. Chairperson and secretary of the PEC shall be appointed upon the decision of the relevant TEC from among the members appointed to the commission by political parties (alliance of political parties) — in accordance with the distribution prescribed by part 5 of this Article —except for the case prescribed by part 3 of this Article. Where a political party (alliance of political parties) has appointed 2 members to the PEC, it shall indicate, while appointing, which of them will occupy the position of the chairperson or the secretary of the commission.

5. The positions of chairpersons and secretaries in PECs shall be distributed among political parties (alliances of political parties) having a faction in the National Assembly. The number of positions of chairpersons and secretaries of PEC available for every political party (alliance of political parties) shall be determined by the following formula:

                    NMP
      NCS =   ———  x NP — taken as integer numbers,
                     ND

where:
NCS is the number of chairpersons and secretaries of a commission respectively available for a political party (alliance of political parties);
NMP is the number of mandates obtained by a political party (alliance of political parties) of the National Assembly;
NP is the number of electoral precincts formed;
ND is the number of mandates of Deputies of the National Assembly. The remaining positions of chairperson and secretary of a commission in PECs shall be distributed as per the value of remainders. Where NCS for any political party (alliance of political parties) turns out larger than the half of NP in case the number of factions of the National Assembly is more than 4, the portion exceeding half of NP shall be distributed among other political parties (alliance of political parties) under the principle of proportionality prescribed by this Article, as prescribed by the CEC.
In case the remainders are equal, the distribution of other positions shall be carried out by drawing of lots in accordance with the procedure prescribed by the CEC.
Where during local self-government elections, the number of electoral precincts formed is less than 3, the distribution of positions of a chairperson and a secretary of the PEC among the bodies having formed a commission shall be carried out by drawing of lots — as prescribed by the CEC — taking into account that those 2 positions within the same commission may not be filled simultaneously by the representatives of political parties (alliances of political parties) participating in the formation of the government.
The distribution of chairpersons and secretaries of PECs by electoral precincts shall be carried out prior to the beginning of the deadline for submission of requests for appointing members to PEC as prescribed by the CEC.

6. Requests for appointing members to PEC shall be submitted to the CEC no earlier than 30 days and no later than 25 days before the Election Day, by 18:00, whereas in case of early elections —no earlier than 20 days and no later than 18 days before the Election Day, by 18:00. The request for appointing members to PECs shall be signed by the head of the political party or, upon his or her assignment, by the deputy head (secretary) of a political party, in case of an alliance of political parties — by the head of faction, in his or her absence — by the secretary of faction.
Procedure for appointing members to PEC, the form of the request, the list of necessary documents and information shall be prescribed by the CEC.

7. The 1st session of a PEC shall be convened at the polling station at 12:00 on the 3rd day following the formation of the commission.

8. In case the powers of a PEC member are early terminated or terminate, the vacant position shall be filled within a 7-day period — in accordance with the procedure for formation of PEC prescribed by this Code — but no later than 3 days before the Election Day.

9. Where no member has been appointed to a PEC within the deadline and in the manner prescribed by part 8 of this Article, the vacant positions of members of commission shall be filled by the chairperson of TEC from among the persons having the right to be included in PECs. In this case, where the person appointed within the deadline and in the manner prescribed by part 8 of this Article was to occupy the position of the chairperson or secretary of commission, the person appointed by the chairperson of the election commission shall be appointed to that position.

10. Where on the Election Day, at 8:00, the number of PEC members having appeared is less than 5 — in case of an electoral precinct with up to 1 000 voters — the powers of the members not having appeared shall terminate early, and the number of the members shall be supplemented with up to 5 members respectively by the chairperson of the TEC from among the persons having the right to be included in PECs. Where on the Election Day, at 8:00, the number of PEC members having appeared is less than 7 — in case of an electoral precinct with more than 1 000 voters —the powers of the members not having appeared shall terminate early, and the number of the members shall be supplemented with up to 7 members respectively by the chairperson of the TEC from among the persons having the right to be included in PECs. Where on the Election Day, as of 9:00, the number of members present at the PEC is less than 2/3 of the total number of members of the commission, the composition of the commission shall be replenished as prescribed by this part, so as to ensure 2/3 of the total number of members of the commission.

11. The powers of PEC shall terminate upon the end of elections — after 7 days following the summarisation of election results — by the relevant election commission except for the case where the second round of the election of the National Assembly are held.

12. In case of appealing against the election results before a court, the powers of PEC shall terminate on the next day following the publication of the judicial act.

13. In case of adopting a decision on declaring the voting results invalid in particular electoral precincts, or in case of calling a repeat voting in those electoral precincts, the powers of the members of the PEC concerned shall be deemed early terminated, and they may not be included in the compositions of PECs holding a repeat voting.
In case of calling a repeat voting at electoral precincts or declaring the elections invalid and holding a repeat voting, the distribution of the positions of the chairperson or the secretary of PEC previously made shall be maintained and the requests for new appointments to PECs shall be submitted to the CEC within a 3-day period from the day of adoption of the decision on calling a repeat voting, by 18:00. In that case the 1st sessions of PECs shall take place on the day following the expiry of the deadline for formation, at 12:00.