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Article 40.
 

Procedure for Familiarizing Voters with the Preliminary Voter Lists in Regular Election Precincts and for Correction of Inaccuracies in Voter Lists


1. On the day following the day of the receipt of the preliminary voter list, a precinct election commission of a regular election precinct shall make it available for public review at the premises of the precinct election commission.


2. A precinct election commission of a regular election precinct shall send or deliver in another manner to each voter a personal invitation, by which it shall notify the voter of his or her inclusion in the preliminary voter list for the election precinct, the address of the election precinct, its telephone number and working schedule, as well as the time and place of voting. Voters who have been noted on the voter list as being permanently unable to move without assistance shall be simultaneously notified that they shall be provided with an opportunity to vote at their place of stay. Such notices shall be sent or delivered no later than fifteen days prior to the day of voting. The form of a personal invitation shall be approved by the Central Election Commission.


3. A voter shall have the right to access the preliminary voter list at the premises of the precinct election commission and to verify the correctness of the information it includes. A voter may submit an application to the precinct election commission or directly to the State Voter Register maintenance body, seeking to correct the preliminary voter list, in particular concerning the inclusion or exclusion of the voter or any other persons in/from the voter list, as well as concerning the presence or absence of a note indicating that the voter is permanently unable to move without assistance.


4. A voter shall personally submit an application concerning circumstances specified in Part 3 of this Article to the precinct election commission or directly to the State Voter Register maintenance body. Should a voter not be able to submit an application personally due to health reasons, the precinct election commission shall, upon application of such voter, provide for the acceptance of application from such voter in another manner. The application shall be supplemented with documents (copies of documents) certifying the information presented therein.


5. An application specified Part 3 of this Article may be filed no later than five days prior to the day of voting, and shall be considered by the election commission within one day of receipt. An application submitted after the expiration of the aforementioned term shall not be reviewed.


6. Based on the results of reviewing an application, the precinct election commission shall adopt a decision to deliver that application to the State Voter Register maintenance body. The decision of the election commission shall be immediately sent to the relevant State Voter Register maintenance body along with the voter’s application and documents (copies of documents) appended thereto and shall also be issued to the applicant no later than on the day following the day of its adoption and sent to the person whom it concerns (if different from the applicant).


{Part 6 Article 40 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


7. The State Voter Register maintenance body shall ensure consideration of voters’ applications in accordance with the procedure prescribed by the Law on the State Voter Register.


 CDL-REF(2016)040


8. The State Voter Register maintenance body shall introduce the respective changes to the personal data in the State Voter Register in accordance with the procedure prescribed by the Law on the State Voter Register.


9. The State Voter Register maintenance body shall immediately notify the respective precinct election commission of the results of the review of voters’ applications.


10. An administrative lawsuit seeking to correct a voter list may be filed with a court in accordance with the procedure prescribed by the Code of Administrative Adjudication of Ukraine. In considering such a lawsuit, the court shall address the respective State Voter Register maintenance body with a request to verify the authenticity of information on the voter.


11. A court judgment requiring amendments to be made to the preliminary voter list shall be presented by the voter no later than five days before the day of voting to the relevant State Voter Register maintenance body or to the respective precinct election commission for immediate delivery to such body; and upon expiry of that term, to the district election commission.