Early Termination of Powers of an Election Commission or a Member of an Election Commission
The powers of an individual member of a district or precinct election commission may be terminated before the expiry of its ordinary term by a decision of the higher-level commission on the grounds of:
1) a statement of resignation of the member of the commission. Such a statement shall be submitted to the subject nominating the member to the election commission to be handed over to the respective election commission, or for filing of a submission seeking replacement of a member of the election commission;
2) the filing of a submission seeking replacement of a member of the election commission by the subject nominating the member to the election commission;
3) termination of his or her Ukrainian citizenship;
4) his or her departure for the period up to the day of voting inclusive abroad or from the country in the territory of which an out-of-country election precinct was established, which results in impossibility to perform the duties of member of a commission;
5) his or her registration as a candidate for President of Ukraine, as well as a deputy candidate to the Verkhovna Rada of the Autonomous Republic of Crimea, a deputy candidate to a local council or a candidate for village, settlement or city mayor, or a candidate for village or settlement starosta, if the aforementioned election is conducted simultaneously with the election MPs of Ukraine;
6) his or her registration as a party’s representative to the Central Election Commission, an official observer, a party’s authorized person, a agent of a deputy candidate to the Verkhovna Rada of the Autonomous Republic of Crimea, as well as a agent of a deputy candidate to a local council or a candidate for village, settlement or city mayor and a, a representative or an authorized person of a local party organization, an authorized person of a referendum subject in the all-Ukrainian or local referendum, a representative of the initiative group to the Central Election Commission, if the election process of such election or referendum is conducted simultaneously with the election of MPs;
7) his or her appointment to another election commission responsible for preparation and conduct of the election of MPs or the election of deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, deputies of local councils, or village, settlement or city mayors, if the election process of such election is conducted simultaneously with the election of MPs;
8) his or her refusal to take the oath of a commission member;
9) violation of the oath of a commission member in the form of a systematic failure to perform his or her duties ascertained by at least two decisions thereon adopted by the election commission of which he or she is a member;
10) systematic violation or one-time gross violation by him or her of the Laws of Ukraine on elections ascertained by a court decision or by a decision of the higher-level election commission; his or her failure to attend two or more meetings of an election commission with no good reason or failure to arrive at the meeting of an election commission on the day of voting;
11) if a decision of a court comes into legal force, whereby he or she was found guilty of committing a grave or especially grave crime or a crime against citizens’ electoral rights, or a corruption crime;
12) discovery of the fact that shall deprive a person of the right to be a member of an election commission;
13) his or her being declared incapacitated or a missing person; 14)his or her death, or his or her being declared dead.
The submission for replacement of a member of the election commission shall be filed to the respective election commission, while signed by the persons specified in Part four of Article 140, Part six of Article 141, Part four of Article 142 of this Code, and affixed with the seal of nominating subject, on paper and in electronically, in the form approved by the Central Election Commission. The documents provided for in Part six of Article 140, Part seven of Article 141, Part six of Article 142 of this Code, respectively, shall be attached to the submission.
The aforementioned submission shall be considered within five days, but not later than on the last day before the voting day.
The submission to replace a member of the election commission may be filed by means of electronic services in accordance with the procedure established by the Central Election Commission.
The Central Election Commission or the respective district election commission shall be immediately notified of the early termination of powers of a commission member due to the refusal to take the oath of powers, in order to decide on changes in the composition of the respective election commission.
A person who has filed an application seeking early termination of his or her powers shall continue to act as the election commission’s chair, deputy chair, secretary, or member up to the point when the commission that established the respective commission takes a decision on early termination of his or her powers.
Such subjects may, no later than the next day after the receipt of this notification, file a submission with new nominees to the respective election commission.
If the submission of nominees to an election commission fails to be filed within the time period established by this Part, or if the number of persons nominated to an election commission is less than the minimum number established by Part one of Article 140, Parts two and three of Article 141 of this Code, the respective election commission shall form this election commission, upon a proposal by the chair of the election commission, according to the proposals from the members of this commission, the number of its members being in compliance with the minimum number (being no less than the minimum required), necessarily having regard to the nominees proposed by the nominating subjects, except for those that shall be rejected on the grounds established by this Code.
In the case of early termination of powers of a member of the election commission on the grounds provided for by clauses 8,10 of Part three of this Article, or on the ground of early termination of powers of all members of the election commission, his or her candidacy may not be re-included in the election commission and shall be rejected.
A decision on early termination of powers of a member of an election commission due to his or her replacement shall be made simultaneously with a decision on inclusion in the respective election commission of a replacement member representing the same nominating subject, simultaneously appointing the replacement member to the respective position in the election commission held by the commission member, whose powers were terminated early.
In the event of early termination of powers of all the members of an election commission, or an individual member thereof, the respective election commission shall, no later than the third day of the day of the termination of powers of all the members of an election commission (an individual member thereof), but no later than the last day prior to the day of voting, shall approve a new composition of the election commission, or shall make a decision to include a replacement member to the respective election commission (in case if the respective submission has been filed, in accordance with the procedure specified by this Part) in accordance with the procedure established by this Code.
In the case of early termination of powers of a member of a precinct election commission at an outof-country election precinct, should no submission be received, as provided for in Part two of Article 140 of this Code, another person shall be included in the election commission only if the number of members of the precinct election commission became less than the minimum number required.
The chair, deputy chair, or the secretary of election commission may personally submit a statement on resignation (without terminating the membership in the commission) to the election commission that established it.
The aforementioned submission or statement shall be a subject to mandatory consideration within three days, but no later than the last day prior to the day of voting. A decision replacing the chair, deputy chair, or the secretary of an election commission shall not necessarily result in termination of his or her powers as a member of the election commission.
In case of early termination of powers of the chair, deputy chair, secretary of the election commission on other grounds provided for in Part three of this Article, the election commission shall appoint another commission member to the respective position.
