Declarations by a Precinct Election Commission of the Invalidity of Voting at theElection Precinct

1. A precinct election commission shall be entitled to declare the voting in an election precinct invalid if it establishes that there have been violations of the requirements of this Law that make it impossible to determine the true results of expression of the voters’ will, only under the following circumstances: 1) discovery of cases of illegal voting (dropping of a ballot paper into the ballot box by other persons instead of the voter, except in the cases specified by Part 9 Article 85 of this Law; voting by persons who have no right to vote; voting by persons who are not included in the voter list for the election precinct or who have been included in the voter list without legal grounds; voting by the voters whose voting address was temporarily changed (without changing the election address) as provided for by Part 3 Article 7 of the Law of Ukraine On the State Register of Voters for another election precinct outside the boundaries of the single-mandate district to which they were assigned on the basis of the data of the State Register of Voters about their election address who were included in the list of voters at a respective election precinct and illegally received their ballot papers for voting in a single-mandate district; multiple voting by the same person) in a number that exceeds by five percent the number of voters who received ballot papers at the election precinct; {Clause 1 Part 1 Article 92 as amended pursuant to the Law № 709-VII dd. 21.11.2013} 2) destruction of or damage to a ballot box (ballot boxes) that makes it impossible to establish the content of the ballot papers, if the number of such ballot papers exceeds by twenty percent the number of voters who received ballot papers at the election precinct; 3) discovery in the ballot boxes of nationwide election district ballot papers or single-mandate election district ballot papers in a number that exceeds by more than five percent the number of voters who received ballot papers at the election precinct. {Clause 3 Part 1 Article 92 as amended pursuant to the Law № 709-VII dd. 21.11.2013}

2. If the circumstances provided for by Part 1 of this Article are discovered, the precinct election commission shall in each case write a report in accordance with the form and procedure prescribed by Part 8 Article 35 of this Law. Such report(s) shall be the ground for consideration by the precinct election commission of whether to declare the voting invalid: at the election precinct, in the cases specified by Clauses 1 and 2 Part 1 of this Article; for the nationwide or the single-mandate election district, in the case specified by Clause 3 Part 1 of this Article.

3. If a precinct election commission takes a decision declaring voting at the election precinct to be invalid, then all ballot papers from the ballot boxes at such election precinct shall be deemed invalid and not subject to counting. In such case, instead of the data specified in Clauses 10 – 14 Part 2 or Clauses 10 – 14 Part 3 Article 91 or in Clauses 8 – 10 Part 2 Article 961 of this Law a dash shall be inserted. The protocols of the precinct election commission on vote counting in the nationwide district within the single-mandate district and in the single-mandate election district shall be completed by the precinct election commission in accordance with the procedure prescribed by Article 91 of this Law.

{Part 3 Article 92 as amended pursuant to the Law № 709-VII dd. 21.11.2013}

4. If a precinct election commission takes a decision declaring voting at the election precinct to be invalid, the ballot papers shall be packed in accordance with the procedure prescribed by Part 6 Article 87 of this Law. The inscription “The ballot papers” shall be made on the package. 5. A decision of a precinct election commission declaring voting at the election precinct to be invalid, and the report(s) on the basis of which such decision was adopted, shall be attached to 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, and packed and delivered to the district election commission or the Central Election Commission (for foreign district) in accordance with the procedure prescribed by this Law.

{Part 5 Article 92 as amended pursuant to the Law № 709-VII dd. 21.11.2013}