Home > 1.3.2.4 Aggregation procedure and election results > UKRAINE - Law on Elections of the People's Deputies
 
 
 
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Article 95.
 

Tabulation of Voting Results in the Nationwide Election District within a SingleMandate Election District


1. After the receipt and consideration of the protocols of the precinct election commissions on vote counting in the nationwide election district within the single-mandate election district, including those marked “Corrected”, on the basis of the protocols of precinct election commissions on vote counting at election precincts in the nationwide district within the singlemandate district as well as notifications on the contents of such protocols of precinct election commissions transmitted via technical means of communication from special election precincts established on ships sailing, as of the day of voting, under the National Flag of Ukraine, at Ukraine’s polar station, and, in the case of vote re-counting, also the protocol of the district election commission on re-counting the votes at the respective election precinct in the nationwide election district within the single-mandate election district, the district election commission shall determine: {Paragraph 1 Part 1 Article 95 as amended pursuant to the Law № 709-VII dd. 21.11.2013} 1) the number of nationwide election district ballot papers received by the district election commission; 2) the number of unused nationwide election district ballot papers invalidated by the district election commission; 3) the number of nationwide election district ballot papers received by the precinct election commissions of the single-mandate election district; 4) the number of nationwide election district ballot papers printed by the precinct election commissions of the single-mandate election district; 5) the number of unused nationwide election district ballot papers invalidated by precinct election commissions of the single-mandate election district; 6) the total number of voters included in the voter lists at the election precincts of the singlemandate election district; 7) the number of the voters included in the excerpts from the voter lists at the election precincts of the single-mandate election district; 8) the number of voters who received nationwide election district ballot papers in the premises for voting; 9) the number of voters who received nationwide election district ballot papers at their places of stay; 10) the total number of voters who received nationwide election district ballot papers within the single-mandate election district; 11) the number of nationwide election district ballot papers that were not subject to counting at the election precincts of the single-mandate election district; 12) the number of voters who took part in the voting in the nationwide election district in the premises for voting; 13) the number of voters who took part in the voting in the nationwide election district at their places of stay; 14) the total number of voters who took part in the voting in the nationwide election district within the single-mandate election district; 15) the number of nationwide election district ballot papers declared invalid; 16) the number of votes cast for MP candidates included in the electoral list of each political party.


2. The data on the results of voting in the nationwide election district within the single-mandate election district shall be entered in numbers and in words in the protocol of the district election commission on the results of voting in the nationwide election district within the single-mandate election district, in accordance with the form established by the Central Election Commission. The data specified in Clauses 3 – 16 Part 1 of this Article shall be entered in the protocol in numbers for each election precinct within the single-mandate election district, and the total for the single-mandate election district shall be entered in words and numbers.


3. The protocol on the results of voting in the nationwide election district within the singlemandate election district shall be compiled by the district election commission in a number of copies exceeding by three the number of members of the district election commission. The copies of the protocol shall be numbered and shall have equal legal force.


4. It shall be prohibited to fill out the protocol on the results of voting in the nationwide election district within the single-mandate election district by pencil, or to sign it and affix the seal of the district election commission thereto before completion.


5. The protocol on the results of voting in the nationwide election district within the singlemandate election district shall be signed by the head, deputy head, secretary and other members of the district election commission present at the meeting of the election commission and affixed with the seal of the district election commission. The protocol shall specify the date and time (hour and minutes) of its signing by the members of the district election commission. A member of the election commission present at the meeting must sign the protocol on the results of the voting. If a member disagrees with the results of voting entered in the protocol, he or she shall sign the protocol with a note “With dissenting opinion.” A written dissenting opinion shall be attached to the protocol on the results of the voting. If a commission member has not signed the protocol, the reasons for the absence of the signature shall be indicated next to his or her last name. MP candidates, their proxies, authorized persons of parties, and official observers from the parties, MP candidates, and non-governmental organizations who were present during the tabulation of the voting results shall be entitled to sign the first copy of the protocol.


{Part 5 Article 95 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


6. If after signing the protocol on the results of voting in the nationwide election district within the single-mandate election district, but before sending it to the Central Election Commission, the district election commission discovers inaccuracies therein (a slip of the pen or an erroneous number), it shall at the same meeting consider introducing changes to the results of voting within the election district by drawing up a new protocol, which shall be marked “Corrected.” A protocol marked “Corrected” shall be completed and signed in accordance with the procedure and in the number of copies prescribed by this Article. The drawing up of a protocol marked “Corrected” by the district election commission at another meeting of the commission without authorization by the Central Election Commission shall not be allowed.


{Part 6 Article 95 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


7. The first copy of the protocol of the district election commission on the results of voting in the nationwide election district within the single-mandate election district, and, if available, the first copy of the protocol marked “Corrected,” shall be packed in a package with the special security system in accordance with the procedure prescribed by Part 6 Article 87 of this Law. The inscription “Protocol on the results of the voting in the nationwide election district” shall be made on the package.


8. The district election commission shall transport to the Central Election Commission the first copy of the protocol of the district election commission on the results of voting in the nationwide election district within the single-mandate election district, and, if any changes were made to the protocol, the protocol in which inaccuracies were discovered (slips of the pen or erroneous numbers) and the protocol marked “Corrected”; the respective protocols and reports of the precinct election commissions related to the voting in the nationwide election district within a single-mandate election district; decisions adopted on the basis of such reports; the protocols of the district election commission on re-counting of votes at the respective election precinct in the nationwide election district within a single-mandate election district, if any; written dissenting opinions of members of the district election commission; and applications and complaints of violation by the district election commission of the procedures for establishing the result s of the voting together with any decisions adopted by the district election commission as a result of consideration thereof. The second copy of the protocol shall be stored at the district election commission and the third copy shall be immediately placed in the premises of the district election commission for public review; the remaining copies shall be distributed to the members of the district election commission, one copy for each member.


9. The documents of the election commission specified in Part 8 of this Article shall be transported by the head of the district election commission and by his or her deputy as well as by two members of the election commission representing two other entities that received the highest number of votes cast in the nationwide election district within the single-mandate election district. If the head or the deputy head of the district election commission responsible for transporting the aforementioned documents represents one out of two nominating entities that received the highest number of votes cast in the nationwide election district within the single-mandate district, or if the representative of such a nominating entity cannot take part in the transportation of the election documents to the Central Election Commission for a valid reason, then the representative of the nominating entity that received the next highest number of votes shall take part in the transportation. 


10. An authorized person of a party or an official observer upon his or her request shall immediately receive a copy of the protocol of the district election commission on the results of the voting in the nationwide election district within the single-mandate election district (including a copy of a protocol marked “Corrected”) and, if available, a copy of the protocol on re-counting of votes at the respective election precinct in the nationwide election district within the singlemandate election district, one copy of each protocol for each political party and one copy of each protocol for an official observer (group of observers) from each non-governmental organization, foreign state or international organization. The aforementioned copies shall be signed on each page by the head and the secretary of the district election commission and affixed with the seal of the election commission.


{Part 10 Article 95 as amended pursuant to the Law № 709-VII dd. 21.11.2013}


11. The district election commission shall be obliged to establish the results of voting in the nationwide election district within the single-mandate election district regardless of the number of election precincts at which the voting was declared invalid.


12. The voting in the nationwide election district within a single-mandate election district may not be declared invalid.