Home > 1.3.2.2 Voting procedures > UKRAINE - Urgent Joint Opinion on the Draft Law 3612 on Democracy Through All-Ukraine Referendum
 
 
 
Download file    
 
 
Paragraph 103
 

Article 109 of the Draft law addresses the invalidation of voting to be determined at the polling station level. It establishes arbitrary percentages of acceptable levels of irregularities, illegal voting and fraud. In past election observation missions, ODIHR has noted that such arbitrary percentages of acceptable levels of fraud should be removed. The Code of Good Practice on Referendums, para. II.3.3.e, recommends that the referendum be annulled at precinct, district, or national level, only where irregularities may have affected the outcome, and that, in the event of annulment of the global result, a new referendum should be called, while the draft law does not address when a repeat vote at any level is required to take place in case of invalidation. It is therefore recommended to establish grounds and procedures for invalidation of results, at precinct, district or national level, as well as its consequences, based on objective criteria and limited to cases where elections results may have been affected.