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Article 28.
 

Procedure for Establishing the Precinct Election Commission of a Regular or Special Election Precinct


1. A precinct election commission shall be established by the respective district election commission no later than thirty-one days prior to the day of voting and shall consist of the head, deputy head, secretary, and other members of the commission.


2. A precinct election commission shall be formed with the following number of members: 1) for small election precincts - 10-14 members; {Clause 1 Part 2 Article 28 in the wording of the Law № 709-VII dd. 21.11.2013} 2) for medium election precincts - 12-16 members; {Clause 2 Part 2 Article 28 in the wording of the Law № 709-VII dd. 21.11.2013} 3) for large election precincts - 14-18 members. {Clause 3 Part 2 Article 28 in the wording of the Law № 709-VII dd. 21.11.2013}


3. At election precincts in which the number of voters does not exceed fifty persons, a precinct election commission may consist of the head, the secretary and two to four other members.


4. The right to nominate candidates to precinct election commissions shall be granted to the nominating entities specified in Part 2 Article 27 of this Law, as well as to MP candidates in the respective single-mandate election district. A submission may be filed on behalf of a party by the authorized representative of the party on the basis of a letter of attorney issued by the party. A submission from an MP candidate may be filed by the MP candidate personally or by his or her proxy.


5. The precinct election commission of a regular or special election precinct (except the cases provided for by Part 12 of this Article) shall include one representative of each nominating entity specified in Clause 1 Part 2 Article 27 of this Law that has made the required submission. No more than one representative of each nominating entity specified in Clause 2 Part 2 Article 27 and each MP candidate in the respective single-mandate district shall be included in the precinct election commission on the basis of drawing lots, to be conducted by the district election commission no later than on the third day following the day of expiration of the term for filing the submissions specified in Part 6 of this Article, in accordance with the procedure established by the Central Election Commission. Persons nominated to a precinct election commission may be rejected only on the grounds of their noncompliance with the requirements of Article 26 of this Law, or as a result of application of the mechanism of drawing of lots specified by this Part, or if the filing of the submission failed to comply with the requirements set forth in Parts 6, 7, or 9 of this Article.


6. Not later than thirty-nine days prior to the day of voting, a nominating entity wishing to nominate candidates to precinct election commissions shall submit to the respective district election commission, in a format approved by the Central Election Commission, the paper and electronic forms of the list of persons nominated by that entity (no more than one candidate to one election commission) to the respective precinct election commissions. The submission shall indicate the persons suggested by the nominating entity for the positions of the head, deputy head, and secretary of the election commission. The submission from a party shall be signed by the head of the party (or a person acting in his or her capacity) and affixed with the seal of that CDL-REF(2016)040 party. The submission from an MP candidate shall be filed with the signature of the respective MP candidate.


7. A submission of nominees for precinct election commissions shall contain the information listed in Part 5 Article 27 of this Law. The submission shall be accompanied by statements of the persons being nominated, expressing their consent to participate in the work of the election commission on behalf of the nominating entity; and if a person is nominated for the position of head, deputy head, or secretary of the commission, their consent to perform the respective official responsibilities.


8. If nominations for a precinct election commission are not received within the time period prescribed by Part 6 of this Article, or if the number of nominees for a precinct election commission is less than the minimum number specified by Parts 2 and 3 of this Article, the district election commission shall establish the precinct election commission upon a proposal by the head of the district election commission, the number of its members not exceeding the average of the numbers established by Parts 2 or 3 of this Article, having regard to nominees proposed by the nominating parties specified by Part 4 of this Article. Members of the district election commission can submit proposals for such nominees to the head of the district election commission.


9. Technical errors or inaccuracies contained in a submission shall not constitute a reason for the rejection of nominees. When such errors or inaccuracies are found, the district election commission shall immediately notify the respective nominating entity. The said errors or inaccuracies can be corrected by way of filing a corrected submission for the respective nominees no later than on the day following the day of the receipt of the aforementioned notification. If no corrected submission is received within that time limit, the respective nominees shall be rejected.


10. Each entity nominating candidates to precinct election commissions shall have the right to a proportional share of each category of managerial positions in precinct election commissions of, respectively, small, medium, and large size within the election district. The share of managerial positions for each nominating entity in each election precinct category within the election district shall be determined on the basis of the proportion of all selected precinct election commission members who were nominated by that party or candidate in the respective category. A person appointed to the precinct election commission upon proposal of the head of the district election commission cannot be appointed to a managerial position in the election commission, unless no submissions or less than the required number of submissions for appointment to the positions of the head, deputy head, and the secretary of the commission have been filed. The distribution of managerial positions among the nominating entities shall be performed, within the shares determined in accordance with this Part, by the district election commission according to the procedure established by the Central Election Commission.


11. The head, deputy head, and secretary of a precinct election commission shall represent different nominating entities specified in Part 4 of this Article – parties and MP candidates.


12. A precinct election commission of a special election precinct established on a ship which on the day of voting will be sailing under the National Flag of Ukraine, or at Ukraine’s polar station, shall be established by the district election commission according to the place of registration of such a ship or Ukraine’s polar station upon a submission, respectively, of the ship’s captain or the polar station’s head, which can be sent via technical means of communication within the time period prescribed by Part 6 of this Article. 


13. If a special election precinct is established in an exceptional case, pursuant to Part 8 Article 21 of this Law, the precinct election commission shall be established by the Central Election Commission simultaneously with the establishment of the election precinct upon submission of the district election commission. 14. If a district election commission makes a submission to the Central Election Commission seeking to establish a special election precinct in an exceptional case, it shall notify all parties or candidates eligible to nominate candidates to precinct election commissions and invite them to file submissions concerning nominations to the precinct election commission under the procedure established by this Article and within the terms prescribed by the district election commission, but no later than five days following the day of such notification.


15. A decision establishing a precinct election commission shall be published in the regional or local printed mass media no later than on the fifth day following the day when such a decision was adopted or, if that is impossible, shall be made public in another manner within the same time period. A decision establishing the precinct election commission of a special election precinct established in an exceptional case, or a decision changing the composition of a precinct election commission shall be published or made public pursuant to the procedure and within the terms prescribed by this Part, but no later than on the last day prior to the day of voting.


16. When an election of MPs is held simultaneously with an election of the President of Ukraine, precinct election commissions of regular and special election precincts are not created, and their functions are performed by respective precinct election commissions created for the election of the President of Ukraine. {Part 16 was added to Article 28 pursuant to the Law № 1184-VII dd. 08.04.2014}