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Article 43.
 

Procedure for Compiling and Correcting Voter Lists for Special Election Precincts


1. Voter lists for special election precincts (except precincts established in inpatient care establishments) shall be compiled no later than fifteen days prior to the day of voting by the respective precinct election commissions in a form approved by the Central Election Commission, based on information submitted by the heads of the respective establishments, institutions, Ukraine’s polar station, and captains of the ships where such election precincts were established.


2. Voter lists for special election precincts established in the inpatient care establishments shall be compiled no later than seven days prior to the day of voting by the respective precinct election commissions in a form approved by the Central Election Commission, based on information submitted by heads of the respective establishments. Voters about to leave the care establishment prior to the day of voting shall not be included in the voter list for such a precinct.


3. For special election precincts established at penitentiary institutions or pretrial detention centers, State Voter Register maintenance bodies shall compile preliminary and corrected voter lists, which shall be delivered in accordance with the procedure and within the time frame specified by Articles 39 and 41 of this Law.


4. The information specified in Parts 1 and 2 of this Article shall be submitted in one copy, signed by the head of the respective establishment, institution, polar station, or ship’s captain and affixed with the respective seal. The head of the respective establishment, institution, polar station, or the ship’s captain shall ensure the submission and authenticity of the aforementioned information to the precinct election commission no later than sixteen days prior to the day of voting; and the head of an inpatient care establishment, no later than nine days prior to the day of voting. The submission shall be filed in accordance with the form established by the Central Election Commission, and must contain, in relation to each voter, information on: 1) last name, first name (all first names), patronymic (if any); 2) date of birth (date, month, year); 3) address of residence; 4) if appropriate, a mark in the “Notes” column indicating that the voter is permanently incapable of moving independently.


5. On the day following the day on which the voter list was compiled, the precinct election commission of a special election precinct shall make it available for public review at the premises of the precinct election commission.


6. After compiling the voter list for a special election precinct, the precinct election commission shall without delay deliver the information on the voters included in the voter list to the State Voter Register maintenance body having jurisdiction over its location. The content of the voter list for a special election precinct established on a ship sailing under the National Flag of Ukraine or at Ukraine’s polar station shall be sent via technical means of communication to the respective district election commission, which shall immediately send them to the State Voter Register maintenance body having jurisdiction over its location.


7. Should a voter arrive at an inpatient care establishment less than ten days prior to the day of voting, but more than three days prior to the day of voting, the respective precinct election commission shall correct the voter list by putting the voter on the voter list based on the information that shall be immediately submitted by the head of the respective establishment, whose signature shall be certified by the seal of the respective establishment.


CDL-REF(2016)040


8. A voter who arrives at an the inpatient care establishment located in the population center where he or she lives may apply less than three days prior to the day of voting to the election commission of the regular election precinct in which he or she is included on the voter list, seeking to vote at the place of his or her stay pursuant to procedures and within terms provided for by Article 86 of this Law. In this case, he or she shall not be included in the voter list for the special election precinct.


9. If a special election precinct is established in an exceptional case under Part 8 of Article 21 of this Law, the voter list shall be compiled by the precinct election commission no later than seven days prior to the day of voting, based on the information submitted by the head of the respective establishment, institution, or the ship’s captain. The aforementioned information shall be submitted no later than eight days prior to the day of voting in one copy signed by the head of the establishment, institution, or the ship’s captain and certified by the respective seal. After compiling the voter list for such election precinct, the precinct election commission shall without delay deliver the information on the voters in the voter list to the State Voter Register maintenance body having jurisdiction over its location. The election commission of a precinct established on a ship sailing under the National Flag of Ukraine or at Ukraine’s polar station shall send the content of the voter list via technical means of communication to the respective district election commission, which shall immediately send them to the State Voter Register maintenance body having jurisdiction over its location.


10. A voter shall be entitled to apply to the precinct election commission of the special election precinct or directly to a court in respect of circumstances provided for by Part 3 Article 40 of this Law.


11. A voter shall personally submit an application to a precinct election commission of a special election precinct.


12. An application specified in Part 10 of this Article may be submitted to the respective precinct election commission no later than three days prior to the day of voting. Such application shall be immediately considered by the election commission. Based on the results of consideration of the application, the election commission shall adopt a decision to make amendments to the voter list or a reasoned decision to dismiss the application. A copy of the decision shall be issued to the voter on the day of its adoption. An application submitted to the election commission after expiration of the aforementioned term shall remain without consideration.


13. An administrative lawsuit seeking to correct the voter list shall be filed with a court under the procedure and within the terms prescribed by the Code of Administrative Adjudication of Ukraine.


14. When changes are made to the voter list for a special election precinct, the precinct election commission of the special election precinct shall without delay send the information on the voters included in or excluded from the voter list to the relevant State Voter Register maintenance body.


15. If such information is received less than five days prior to the day of voting and it is found that a voter is included two or more times in the list of voters at some other election precinct(s), the State Voter Register maintenance body shall without delay report this to the respective precinct election commission.


16. The members of a precinct election commission of a special election precinct shall be included in the voter list for that election precinct on the basis of the decision of the respective CDL-REF(2016)040 election commission to establish the precinct election commission of that special election precinct.