Tabulation of Voting Results in the Territorial District
- After the receipt and consideration of the precinct election commission vote counting protocols, including those marked “Corrected”, based on the precinct election commission vote counting protocols and messages about the contents of such protocols of the 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, or at Ukraine’s polar station, and, in case of vote re-counting, the protocol of the district election commission on re-counting the votes at the respective election precinct, the district election commission shall determine:
1) the number of ballot papers received by the district election commission;
2) the number of unused ballot papers invalidated by the district election commission;
3) the number of ballot papers received by the precinct election commissions in the territorial election district and produced thereby upon consent of the Central Election Commission;
4) the number of unused ballot papers invalidated by precinct election commissions in the territorial district;
5) the total number of voters included in the voter lists at the election precincts in the territorial district;
6) the number of voters who received ballot papers within the territorial district;
7) the number of ballot papers that were not subject to counting at the election precincts within the territorial district;
8) the number of voters who took part in the voting within the territorial district;
9) the number of ballot papers declared invalid;
10) the number of votes cast for each candidate for President of Ukraine.
- The data on the voting results within the territorial district shall be entered in numbers in the protocol of the district election commission on the voting results within the territorial district. The data specified in clauses 3 - 10 of Part one of this Article shall be entered into the protocol for each election precinct within the territorial district, and the total for the territorial district.
- The voting result protocol within the territorial district shall be compiled by the district election commission in three copies. The copies of the protocol shall be numbered and shall have equal legal force.
- It shall be prohibited to fill out the voting result protocol in the territorial district by pencil, or to make changes thereto without the respective decision of the district election commission.
- The voting result protocol in the territorial district shall be signed by the chair, deputy chair, secretary and other members of the district election commission present at the election commission’s meeting. The aforementioned protocol shall be affixed with the election commission’s seal. If a member of the commission disagrees with the information entered in a protocol, that member shall be obliged to set out in writing his or her dissenting opinion, which shall be attached to the protocol.
Failure or refusal of some members of the election commission to sign a vote counting protocol shall entail no legal consequences for the validity of the protocol.
The protocol shall specify the date and time (hour and minutes) of the signing thereof by the members of the district election commission. If a commission member has not signed the protocol, the reasons for the absence of his or her signature shall be indicated next to his or her last name. Сandidates, their agents, and official observers who were present during the tabulation of the voting results in the territorial district shall be entitled to sign the first copy of the protocol. If after signing the said protocol, 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 protocol 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 district election commission shall transport to the Central Election Commission the first copy of the protocol of the district election commission on the voting results within the territorial district, and, if any changes were made to the protocol, the protocol in which inaccuracies were discovered (slips of the pen or erroneous numbers), the respective protocols and acts of the precinct election commissions, decisions adopted on the basis of such acts; the protocols of the district election commission on re-counting of votes (if available) at the respective election precinct within the territorial district; written dissenting opinions of members of the district election commission; applications and complaints 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.
- Upon his or her request, the member of the district election commission, a candidate for President of Ukraine, his or her authorized person or an official observer shall immediately receive a copy of the protocol of the district election commission on the results of the voting in the territorial district and, if available, a copy of the protocol on re-counting of votes at the respective election precinct, one copy of each protocol for each member of the election commission, candidate and each official observer.
- The district election commission shall be obliged to establish the results of voting in the territorial district no later than the fifth day of the day of voting, regardless of the number of election precincts in the respective election district at which the voting was declared invalid. The voting in the territorial district may not be declared invalid. The protocols on the voting results in the territorial election district, after signing thereof, shall be transported to the Central Election Commission.
- The district election commission shall be obliged to establish the results of voting in the territorial district regardless of the number of election precincts in the respective district, in which the voting has not been organized and conducted on the day of voting, in accordance with the requirements of Article 118 or Article 119 of this Code.
- If the voting at all election precincts of the election district on the day of voting has not been organized and conducted in accordance with the requirements of Article 118 or 119 of this Code, the district election commission shall consider that the voting within the respective territorial district as not having taken place.
- The documents specified in Part six of this Article shall be transported by the chair of the district election commission or by his or her deputy as well as by two other members of the election commission representing different candidates, who shall be accompanied by a representative of the police, or by representatives of the Security Service of Ukraine, if necessary, upon request of the Central Election Commission. Other members of the district election commission, candidates, their agents, and official observers may, if they choose, accompany the transportation of the election documents. Other persons shall be prohibited from accompanying the transportation of the election documents.
