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Article 94.
 

Procedure for Receipt and Consideration of Documents of Precinct Election Commissions by District Election Commissions


1. Immediately after the end of voting, a district election commission shall convene a meeting that shall continue without a break until the results of the voting in the nationwide election district within the single-mandate election district and in the single-mandate election district are established. During this period of time, the members of the district election commission shall not be engaged in any activities other than participation in the meeting of the election commission.


2. The district election commission shall process the data specified in Part 13 Article 85 of this Law and send such data to the Central Election Commission via an automated information analysis system no later than at 24:00 on the day of voting. The Central Election Commission shall immediately publish the aforementioned data, upon the receipt thereof, on the official website of the Central Election Commission.


3. The meeting of the district election commission specified in Part 1 of this Article shall be officially recorded in the minutes of continuous meeting, to be signed by the head or the chair of the meeting as well as by the secretary of the election commission or by the member of the election commission performing the duties of secretary at the meeting. The minutes shall be appended with the dissenting opinions (if any) of members of the election commission who participated in the meeting and who disagree with the decision adopted by the district election commission.


4. At the meeting of the district election commission specified in Part 1 of this Article, the head of the district election commission shall receive the sealed packages with the protocols of the precinct election commissions on vote counting; unpack them and announce the content of the protocols of the precinct election commissions on vote counting at the respective election precincts in the nationwide election district within a single-mandate district and in the singlemandate election district; and also receive the sealed packages with the other election documents specified by Part 12 Article 91 of this Law. The time of the receipt by the district election commission of the protocols (in hours and minutes) of the precinct election commission on vote counting in the nationwide election district within a single-mandate district and in the single-mandate election district, the list of the received election documents, and the data entered in the protocol on vote counting at the election precinct shall be recorded in the minutes of the meeting of the district election commission.


5. When receiving the documents of the precinct election commission, the district election commission shall examine the completeness of the documents and the integrity of all packages containing election documents. During this checking, each member of the commission shall have the right to examine each package containing election documents. If the commission establishes the completeness of the election documents and integrity of all packages, then the packages with the protocols of the precinct election commission on vote counting in the nationwide election district within a single-mandate district and in the single-mandate election district shall be opened one by one and the data contained therein shall be announced. Based on the results of consideration of the documents of the precinct election commission and of complaints concerning violations of the requirements of this Law during the conduct of voting and vote counting at the election precinct, as well as during the transportation of the election documents to the district election commission that had been received by the district election commission by the moment of the receipt of the documents of the precinct election commission, the district election commission shall adopt one of the following decisions, separately for the election in the nationwide election district within the single-mandate election district and for the single-mandate election district: 1) to accept the election documents from the precinct election commission and to include the data in the protocols on vote counting at the election precinct for the nationwide election district within a single-mandate election district and/or for the single-mandate election district when establishing the results of voting in the election district; 2) to refuse to accept from the precinct election commission the election documents related to the nationwide election district within a single-mandate election district and/or to the singlemandate election district, and to oblige the precinct election commission to correct the revealed defects by drawing up a protocol (protocols) marked “Corrected”; 3) to order a re-count of the votes in the precinct in the nationwide election district within the single-mandate district and/or in the single-mandate election district in accordance with the procedure prescribed by this Law.


6. The decision specified by Part 5 of this Article shall be adopted by voting of all members of the district election commission, by an absolute majority of the votes of all members of the commission, and shall be recorded in the minutes of the meeting of the district election commission.


7. The protocols of the precinct election commission on the counting of votes at the election precinct in the nationwide district within the single-mandate district and in the single-mandate district shall be considered by district election commission in turn, in the order in which the packages with the respective protocols are opened, after announcement of the data in the respective protocol. If any corrections, mistakes, or inaccuracies are discovered in the protocols of the precinct election commission on vote counting in the nationwide district within the single-mandate district and/or in the single-mandate district which can be eliminated without re-counting the votes, the district election commission shall adopt a decision requiring the precinct election commission to introduce changes to the established results of voting at the election precinct by drawing up a protocol (protocols) marked “Corrected” on vote counting in the nationwide district within the single-mandate district and/or in the single-mandate district, in accordance with Clause 2 Part 5 of this Article, which decision shall be recorded in the minutes of the meeting of the district election commission. While this issue is discussed by the precinct election commission, copies of the protocols on the counting of votes at the election precinct in the nationwide district within the single-mandate district and in the single-mandate district, ballot papers and other election documents provided for in Part 12 Article 91 of this Law shall be kept in the district election commission. If any corrections, mistakes, or inaccuracies are discovered which can be eliminated without recounting the votes and that do not require amendments to the established results of voting at the election precinct, the district election commission makes a decision provided for in Clause 1 Part 5 of this Article describing the discovered corrections, mistakes, or inaccuracies. This decision shall be appended to the protocol of the district election commission.


{Part 7 Article 94 in the wording of the Law № 709-VII dd. 21.11.2013}


8. The precinct election commission shall, within the time framework determined by the district election commission, consider the issue of introducing changes to the respective protocol without re-counting the ballot papers. The protocol (protocols) marked “Corrected” shall be transported to the district election commission in accordance with the procedure prescribed by Article 93 of this Law. The time of the receipt by the district election commission of the precinct election commission’s protocol (protocols) marked “Corrected” and the data entered in such protocol(s) shall be recorded in the minutes of the meeting of the district election commission.


9. From the moment of the beginning of receipt of the documents of precinct election commissions by the district election commission, the latter shall forward to the Central Election Commission through the automated information and analytical system – in turn, after approval of a decision on accepting the data in the protocols of precinct election commission on vote counting at election precincts in the nationwide district within the single-mandate district and/or protocols on vote counting at election precincts in the single-mandate district, on the basis of respective protocols of precinct election commissions (including the protocols marked as “Corrected”) and notifications on the contents of such protocols of precinct election commissions transmitted via the technical means of communication from special election precincts established on ships sailing under the National Flag of Ukraine, as well as at Ukraine’s polar station, and, in the event of repeat vote counting, also the protocol of the district election commission on the repeat vote counting at a respective election precinct – the information about vote counting at the election precincts in the single-mandate district (stating all figures contained in respective protocols of precinct election commissions). The Central Election Commission shall immediately publish these figures on its official web-site.


{A new part was added to Article 94 pursuant to the Law № 709-VII dd. 21.11.2013}


10. The district election commission shall be entitled to adopt a decision on re-counting of the votes at the election precinct in the nationwide election district within the single-mandate election district and/or in the single-mandate election district if there are applications or complaints confirmed by reports duly drawn up by the MP candidates, their proxies, parties’ authorized persons, official observers, or voters, regarding violations of the provisions of this Law during the conduct of voting and/or counting of votes at the election precinct in the nationwide district within the single-mandate district and/or in the single-mandate district that raise doubts about the results of the vote counting at such election precinct in the nationwide district within the single-mandate district and/or in the single-mandate district, or if there is a report or a written application or complaint regarding a violation of the requirements of this Law relating to the transportation to the district election commission of the protocols of the precinct election commission on vote counting and other documents, submitted by any of the persons specified in Part 1 Article 93 of this Law.


11. If it is not possible to eliminate any inaccuracies in the protocol(s) of the precinct election commission on vote counting in the nationwide district within the single-mandate district and/or in the single-mandate district without re-counting the ballot papers in the nationwide district and/or in the single-mandate district, or if there are clear signs that the packages with the election documents of the precinct election commission relating to voting have been interfered with, then the district election commission shall adopt a decision ordering a re-count of the votes at the election precinct in the nationwide election district within the single-mandate election district and/or in the single-mandate election district.


12. The protocols of a precinct election commission on vote counting at the precinct in the nationwide district within the single-mandate district and in the single-mandate district and the sealed packages containing other election documents of the precinct election commission shall be stored at the premises where the meeting of the district election commission is being held until the votes at the election precinct have been re-counted by the district election commission.


13. The votes of the voters at the election precinct shall be re-counted by the district election commission with mandatory participation of the members of the precinct election commission who delivered the election documents, after consideration and acceptance of the protocols on vote counting and other documents from all other precinct election commissions. All members of the precinct election commission shall have the right to be present during the re-counting of the votes at the election precinct by the district election commission; moreover, MP candidates, their proxies, parties’ authorized persons, and official observers may also be present there.


14. Based on the results of the re-counting of the votes, the district election commission shall, in accordance with the form approved by the Central Election Commission, draw up a protocol on re-counting of votes at the election precinct in the nationwide election district within the singlemandate election district and/or in the single-mandate election district.


15. The protocols on the re-counting of votes at the election precinct in the nationwide election district within the single-mandate election district and on the re-counting of votes at the election precinct in the single-mandate election district shall be drawn up by the district election commission in a number of copies exceeding by four the number of the members of the district election commission. The copies of the protocols shall be numbered and shall have equal legal force. All copies of the protocols shall be signed by the members of the district election commission present there and by the members of the precinct election commission who took part in the re-counting of votes at the respective election precinct, and shall be affixed with the seal of the district election commission. The district election commission shall announce the data entered in the respective protocol. The MP candidates, their proxies, parties’ authorized persons, and official observers who were present during the re-counting of votes shall have the right to sign the first and second copies of each protocol.


16. A district election commission shall be entitled to adopt a decision declaring the voting at an election precinct to be invalid only if the circumstances specified in Part 1 Article 92 of this Law have been discovered during the re-counting of votes at the respective election precinct;


{Part 16 Article 94 in the wording of the Law № 709-VII dd. 21.11.2013}


17. If, as a result of the re-counting of votes, the district election commission declares the voting at an election precinct to be invalid, all the ballot papers used for voting at the respective election precinct shall be deemed invalid and not subject to tabulation. In this case, the protocols of the district election commission on re-counting of votes at the election precinct in the nationwide election district within the single-mandate election district and in the singlemandate election district shall be drawn up in accordance with the procedure prescribed by Parts 13 and 14 of this Article, and shall only contain the data specified in Clauses 1 – 9 Parts 2 and/or 3 Article 91 of this Law. On the places for other data, a dash shall be inserted.


{Part 17 Article 94 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


18. The first copies of the protocols of the district election commission on re-counting of votes at the election precinct in the nationwide election district within the single-mandate election district and in the single-mandate election district, together with the relevant protocols of the precinct election commission on vote counting at the precinct in the nationwide election district within the single-mandate election district and in the single-mandate election district, and the decision of the district election commission declaring the voting at the election precinct to be invalid, shall be attached to the protocols of the district election commission on the voting results. The second copies of the protocols of the district election commission on re-counting of votes at the election precinct in the nationwide election district within the single-mandate election district and in the single-mandate election district shall be kept by the secretary of the district election commission; the third copies of the protocols shall be delivered to the respective precinct election commission; the fourth copies shall be immediately placed in the premises of the district election commission for public review; and the remaining copies shall be distributed to the members of the district election commission, one copy for each member.