Home > 2.1.1 Electoral commissions > UKRAINE - Law on Elections of the People's Deputies
 
 
 
Download file    
 
 
Article 91.
 

Protocols of Precinct Election Commissions on Vote Counting at the Election Precinct


1. At its meeting, a precinct election commission shall draw up a protocol on vote counting at the election precinct in the nationwide election district within the single-mandate election district and a protocol on vote counting at the election precinct in the single-mandate election district in accordance with the forms established by the Central Election Commission no later than twentytwo days prior to the day of voting. The Central Election Commission shall provide for the printing of 200 copies of blank precinct election commission protocols on in-precinct vote counting for each election precinct, for election, respectively, in the nationwide election district and in the single-mandate district, in accordance with the procedure and within the terms specified by Article 81 of this Law for the printing of the ballot papers. The blank protocols of the precinct election commissions shall be numbered by the printing enterprise. The blank precinct election commission protocols on inprecinct vote counting in the nationwide election district within the single-mandate district and in the single-mandate district shall be delivered to the election commissions together with the ballot papers in accordance with the procedure and within the time framework specified by Article 82 of this Law.


2. The protocol of a precinct election commission on vote counting at the election precinct in the nationwide election district within a single-mandate election district shall contain the following data, entered in words and in numbers: 1) the number of nationwide election district ballot papers received by the precinct election commission or produced thereby upon consent of the Central Election Commission; 2) the number of unused nationwide election district ballot papers invalidated by the precinct election commission; 3) the number of voters included in the voter list for the election precinct (at the end of the voting); 4) the number of voters included in the election precinct’s excerpt from the voter list for voting at their place of stay; 5) the number of voters who received nationwide election district ballot papers in the premises for voting; 6) the number of voters who received nationwide election district ballot papers at their place of stay; 7) the total number of voters who received nationwide election district ballot papers at the election precinct; 8) the number of ballot papers found in each ballot box (stating the number of the ballot box); {A new clause was added to Part 2 Article 91 pursuant to the Law № 709-VII dd. 21.11.2013} 9) the number of nationwide election district ballot papers that are not subject to counting; 10) the number of voters who took part in the voting in the premises for voting; 11) the number of voters who took part in the voting at their place of stay in the nationwide election district; {Clause 11 Part 2 Article 91 as amended pursuant to the Law № 709-VII dd. 21.11.2013} 12) the number of voters who took part in the voting in the nationwide election district at the election precinct in the nationwide election district; {Clause 12 Part 2 Article 91 as amended pursuant to the Law № 709-VII dd. 21.11.2013} 13) the number of nationwide election district ballot papers declared invalid; 14) the number of votes cast for MP candidates included in the electoral list of each political party.


3. The protocol of a precinct election commission on the counting of votes cast for MP candidates in the single-mandate election district shall contain the following data, entered in words and in numbers: 1) the number of single-mandate election district ballot papers received by the precinct election commission or produced thereby upon consent of the Central Election Commission; 2) the number of unused single-mandate election district ballot papers invalidated by the precinct election commission; 3) the number of voters included in the voter list for the election precinct (at the end of the voting); 4) the number of voters included in the election precinct’s excerpt from the voter list for voting at their place of stay in the single-mandate district; {Clause 4 Part 3 Article 91 as amended pursuant to the Law № 709-VII dd. 21.11.2013} 5) the number of voters who received single-mandate election district ballot papers in the premises for voting; 6) the number of voters who received single-mandate election district ballot papers at their place of stay; 7) the total number of voters who received single-mandate election district ballot papers at the election precinct; 8) the number of ballot papers found in each ballot box (stating the number of the ballot box); {A new clause was added to Part 3 Article 91 pursuant to the Law № 709-VII dd. 21.11.2013} 9) the number of single-mandate election district ballot papers that are not subject to counting; 10) the number of voters who took part in the voting in the premises for voting in the singlemandate election district; {Clause 10 Part 3 Article 91 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


11) the number of voters who took part in the voting at their place of stay in the single-mandate election district; {Clause 11 Part 3 Article 91 as amended pursuant to the Law № 709-VII dd. 21.11.2013} 12) the number of voters who took part in the voting at the election precinct in the singlemandate election district; {Clause 12 Part 3 Article 91 as amended pursuant to the Law № 709-VII від 21.11.2013} 13) the number of single-mandate election district ballot papers declared invalid; 14) the number of votes cast for each MP candidate in the single-mandate election district.


4. The protocol on vote counting at the election precinct in the nationwide election district within a single-mandate election district and the protocol on vote counting at the election precinct in the single-mandate district shall be drawn up by the precinct election commission in a number of copies exceeding by four the number of members of the precinct election commission. The copies of the protocols shall be numbered and shall have equal legal force.


5. The protocols of the precinct election commission on vote counting shall specify the date and time (hours and minutes) of their signing by the members of the precinct election commission. Each copy of the protocols shall be signed by the head, deputy head and other members of the precinct election commission present at the meeting of the election commission. Each member of the precinct election commission present at the meeting of the precinct election commission must sign the protocols of the precinct election commission on vote counting. If a member of the commission disagrees with the results of the vote counting entered in a protocol, that member shall sign the protocol with a note “With dissenting opinion”. A written dissenting opinion shall be attached to the protocol of the precinct election commission on vote counting at the election precinct in the nationwide election district within a single-mandate election district or in the single-mandate election district. In the case of absence of the signature of the member of the precinct election commission in a protocol of vote counting at the election precinct, the reasons for the absence of the signature shall be indicated next to his or her last name. Such protocol shall be signed by the members of the precinct election commission and affixed with the seal of the precinct election commission only after having been fully completed.


6. MP candidates, their proxies, parties’ authorized persons, official observers who were present at the meeting of the precinct election commission during the vote counting shall be entitled to sign the first and second copies of the protocols of the precinct election commission on vote counting.


7. It shall be prohibited to fill out the protocols of the precinct election commission on vote counting by pencil, or to make any changes thereto without a decision of the precinct election commission.


8. If after the signing of the protocols of the precinct election commission on vote counting in the nationwide district within the single-mandate district or in the single-mandate district, but before sending such protocols together with the election documents to the district election commission, the precinct election commission discovers inaccuracies (a slip of the pen or an erroneous number), it shall at the same meeting consider the issue of introducing changes to the established results by completing a new protocol (protocols) on vote counting at the election precinct in the nationwide election district within a single-mandate election district and/or in the single-mandate election district, with elimination of the inaccuracies; such protocol shall be marked “Corrected.” The ballot papers shall not be re-counted. A protocol marked “Corrected” shall be completed in the number of copies specified in Part 4 of this Article and shall be signed in accordance with the procedure prescribed by Parts 5 and 6 of this Article. The fact that the precinct election commission completed a corrected protocol shall be noted in the minutes of the meeting of the precinct election commission.


9. The first and the second copies of the protocols of the precinct election commission on vote counting in the nationwide election district within a single-mandate election district and in the single-mandate election district and, if available, the respective copies of each protocol with the mark “Corrected” shall be packed into packages with a special security system, in accordance with the procedure prescribed by Part 6 Article 87 of this Law. The inscriptions “Protocol for the nationwide election district” and “Protocol for the single-mandate election district,” respectively, shall be made on the packages. The third copies of the protocols of the precinct election commission on vote counting in the nationwide election district within the single-mandate election district and in the single-mandate election district (or of a protocol with the mark “Corrected”) shall remain with the secretary of the precinct election commission, while the fourth copies of the aforementioned protocols shall be immediately placed in the premises of the precinct election commission for public review; the remaining copies of each protocol shall be distributed to the members of the precinct election commission, one copy for each member.


10. MP candidates, their proxies, parties’ authorized persons, official observers who were present during the vote counting shall have the right to immediately receive upon their request copies of the protocols on vote counting at the election precinct, including those marked “Corrected”, certified on each page by the head and the secretary of the precinct election commission and affixed with the seal of the election commission. No more than one copy of the protocol of the precinct election commission on vote counting in the nationwide election district within the single-mandate election district shall be provided to each party that has registered candidates in the nationwide district; no more than one copy of the protocol of the precinct election commission on vote counting in the single-mandate election district for each MP candidate in the single-mandate election district; and no more than one copy of either protocol for each official observer.


{Part 10 Article 91 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


11. The precinct election commission shall prepare a report, of a form approved by the Central Election Commission, recording the handover of copies of the protocols of the precinct election commission on vote counting. The report shall contain a list of persons who received copies of the respective protocols, the date and time of the receipt of such copies, and the signatures of such persons. The report shall be signed by the head and the secretary of the precinct election commission and affixed with the seal of the precinct election commission. The report shall be packed in the package together with the first and second copies, respectively, of the protocol of the precinct election commission on vote counting in the nationwide election district within a single-mandate election district and the protocol of the precinct election commission on vote counting in the single-mandate election district.


12. Immediately after the end of the meeting of the election commission, the packages with the protocols of the precinct election commission on vote counting in the nationwide district within the single-mandate district and in the single-mandate district, the ballot papers, counterfoils and items, voter lists, and also written dissenting opinions of the members of the election commission (if any), reports, applications, complaints, and decisions adopted by the election commission, shall be delivered to the district election commission.