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Article 44
 

Procedure for formation of precinct electoral commission


1. Precinct electoral commission shall be comprised of at least 7 members.


2. Members of precinct electoral commission shall be appointed by:


(1) political parties (alliances of political parties) having a faction in the National Assembly — 1 member each where the number of factions is more than 4, and 2 members each where the number of factions is less than 5;
(2) the relevant district electoral commission — 2 members.


To appoint a member to each precinct electoral commission, each member of the district electoral commission (except for the chairperson of the commission) may nominate 1 candidate. Where the number of nominated candidates is more than 2, the district electoral commission shall select the 2 members of the precinct electoral commission by drawing of lots in accordance with the procedure prescribed by the Central Electoral Commission.


3. Where no member of the commission is appointed by any political party (alliance of political parties) — in the manner and within the time limits prescribed by this Code for formation of precinct electoral commission — or the number of candidates nominated by the members of the district electoral commission is less than 2, the vacant positions of the commission shall be filled instead of them by the chairperson of the relevant district electoral commission, within a 3-day period after the expiry of time limits prescribed for formation of the commission. In case of filling vacant positions of the precinct electoral commission in the manner prescribed by this part, the decision of the Central Electoral Commission on distribution by precincts of chairpersons and secretaries of precinct electoral commissions shall not be changed even where the filling of vacant position resulted in violation of proportionality prescribed by the decision.


4. Chairperson and secretary of the precinct electoral commission shall be appointed upon the decision of the relevant district electoral commission from among the members appointed to the commission by political parties (alliance of political parties) — in accordance with the distribution prescribed by part 5 of this Article — except for the case prescribed by part 3 of this Article. Where a political party (alliance of political parties) has appointed 2 members to the precinct electoral commission, it shall indicate, while appointing, which of them will occupy the position of the chairperson or the secretary of the commission.


5. The positions of chairpersons and secretaries in precinct electoral commissions shall be distributed among political parties (alliances of political parties) having a faction in the National Assembly. The number of positions of chairpersons and secretaries of precinct electoral commission available for each political party (alliance of political parties) shall be determined by the following formula:


NCS = NMP/ND  x NP — taken as integer numbers,


where:


NCS is the number of chairpersons and secretaries of a commission respectively available for a political party (alliance of political parties);


NMP is the number of mandates obtained by a political party (alliance of political parties) of the National Assembly;


NP is the number of electoral precincts formed;


ND is the number of mandates of Deputies of the National Assembly. The remaining positions of chairperson and secretary of a commission in precinct electoral commissions shall be distributed as per the value of remainders. Where NCS for any political party (alliance of political parties) turns out larger than the half of NP in case the number of factions of the National Assembly is more than 4, the portion exceeding half of NP shall be distributed among other political parties (alliance of political parties) under the principle of proportionality prescribed by this Article, as prescribed by the Central Electoral Commission.


In case the remainders are equal, the distribution of other positions shall be carried out by drawing of lots in accordance with the procedure prescribed by the Central Electoral Commission.


Where during local self-government elections, the number of electoral precincts formed is less than 3, the distribution of positions of a chairperson and a secretary of the precinct electoral commission among the bodies having formed a commission shall be carried out by drawing of lots — as prescribed by the Central Electoral Commission — taking into account that those 2 positions within the same commission may not be filled simultaneously by the representatives of political parties (alliances of political parties) participating in the formation of the government.


The distribution of chairpersons and secretaries of precinct electoral commissions by electoral precincts shall be carried out prior to the beginning of the time limit for submission of requests for appointing members to precinct electoral commission as prescribed by the Central Electoral Commission.


6. Requests for appointing members to precinct electoral commission shall be submitted to the Central Electoral Commission no earlier than 30 days and no later than 25 days before the voting day, by 18:00, whereas in case of early elections — no earlier than 20 days and no later than 18 days before the voting day, by 18:00. The request for appointing members to precinct electoral commissions shall be signed by the head of the political party or, upon his or her assignment, by the deputy head (secretary) of a political party, in case of an alliance of political parties — by the head of faction, in his or her absence — by the secretary of faction.


Procedure for appointing members to precinct electoral commission, the form of the request, the list of necessary documents and information shall be prescribed by the Central Electoral Commission.


7. The 1st sitting of a precinct electoral commission shall be convened at the polling station at 12:00 on the 3rd day following the formation of the commission.


8. In case the powers of a member of precinct electoral commission are early terminated or terminate, the vacant position shall be filled within a 7-day period — in accordance with the procedure for formation of precinct electoral commission prescribed by this Code — but no later than 3 days before the voting day.


9. Where no member has been appointed to a precinct electoral commission within the time limit and in the manner prescribed by part 8 of this Article, the vacant positions of members of commission shall be filled by the chairperson of district electoral commission from among the persons having the right to be included in precinct electoral commissions. In this case, where the person appointed within the time limit and in the manner prescribed by part 8 of this Article was to occupy the position of the chairperson or secretary of commission, the person appointed by the chairperson of the electoral commission shall be appointed to that position.


10. Where on the voting day, at 8:00, the number of members of precinct electoral commission having appeared is less than 5 — in case of an electoral precinct with up to 1 000 electors — the powers of the members not having appeared shall terminate early, and the number of the members shall be supplemented with up to 5 members respectively by the chairperson of the district electoral commission from among the persons having the right to be included in precinct electoral commissions. Where on the voting day, at 8:00, the number of members of precinct electoral commission having appeared is less than 7 — in case of an electoral precinct with more than 1 000 electors — the powers of the members not having appeared shall terminate early, and the number of the members shall be supplemented with up to 7 members respectively by the chairperson of the district electoral commission from among the persons having the right to be included in precinct electoral commissions. Where on the voting day, as of 9:00, the number of members present at the precinct electoral commission is less than 2/3 of the total number of members of the commission, the composition of the commission shall be replenished as prescribed by this part, so as to ensure 2/3 of the total number of members of the commission.


11. The powers of precinct electoral commission shall terminate upon the end of elections — after 7 days following the summarisation of election results — by the relevant electoral commission except for the case where the second round of the election of the National Assembly are held.


12. In case of appealing against the election results before a court, the powers of precinct electoral commission shall terminate on the next day following the publication of the judicial act.


13. In case of adopting a decision on declaring the voting results invalid in particular electoral precincts, or in case of calling a repeat voting in those electoral precincts, the powers of the members of the precinct electoral commission concerned shall be deemed early terminated, and they may not be included in the compositions of precinct electoral commissions holding a repeat voting.


In case of calling a repeat voting at electoral precincts or declaring the elections invalid and holding a repeat voting, the distribution of the positions of the chairperson or the secretary of precinct electoral commission previously made shall be maintained and the requests for new appointments to precinct electoral commissions shall be submitted to the Central Electoral Commission within a 3-day period from the day of adoption of the decision on calling a repeat voting, by 18:00. In that case the 1st sittings of precinct electoral commissions shall take place on the day following the expiry of the time limit for formation, at 12:00.