Procedure for Establishing Territorial Election Commissions
1) a local organization of a party, the establishment of a parliamentary faction of which was announced at the first ordinary session of the Verkhovna Rada of Ukraine of the current convocation;
2) a local organization of a political party that has concluded an agreement on political cooperation in the respective local elections with an MP group, the formation of which was announced at the session of the Verkhovna Rada of Ukraine no later than January 1 of the year in which the elections take place.
One MP group, the formation of which was announced at the session of the Verkhovna Rada of Ukraine no later than January 1 of the year in which the elections take place, may conclude only one agreement on political cooperation in the respective local elections with only one political party.
The agreement shall be signed by the chair (chairs) of the MP group, the formation of which was announced at the session of the Verkhovna Rada of Ukraine no later than January 1 of the year in which the elections take place, and by the head of the political party with which it was concluded.
The chair (chairs) of the MP group, the formation of which was announced at the session of the Verkhovna Rada of Ukraine not later than January 1 of the year in which the elections take place, shall inform the Verkhovna Rada Secretariat on the conclusion of the respective agreement, no later than ninety-five days before the day of voting day by a letter to which a copy of the political agreement is appended.
The Secretariat of the Verkhovna Rada of Ukraine shall notify the Central Election Commission of the conclusion of the respective agreement no later than ninety-one days prior to the day of voting and shall send a copy of the political agreement;
3)a local party organization registered pursuant to the Law in the respective administrative-territorial unit.
A territorial election commission shall necessarily include nominees (no more than two persons nominated to each territorial election commission) from each nominating subject specified in clause one of Part two of this Article.
A territorial election commission shall necessarily include nominees (no more than one person nominated to each territorial election commission) from each nominating subject specified in clause two of Part two of this Article.
Nominees from local party organizations – no more than one nominees from a local party organization of one political party specified in clause three of Part two of this Article, shall be included into territorial election commissions in accordance with the results of drawing lots which is conducted by the election commission that form the composition of the respective territorial election commission, pursuant to a procedure established by Central Election Commission prior to the formation of the commission.
Persons nominated to a territorial election commission may be rejected only on the grounds of their noncompliance with the requirements of Article 34 of this Code, violation of the requirements set forth in Parts two-eleven of this Article, or as a result of the application of the mechanism of drawing lots specified by this Part.
A decision to reject nominees based on the results of the lottery shall not be adopted.
Submissions of nominations to the Election Commission of the Autonomous Republic of Crimea shall be filed with the Verkhovna Rada of the Autonomous Republic of Crimea no later than eightyfive days prior to the day of voting.
Submission of nominations to territorial election commission shall be filed with the respective election commission and shall be signed by a chair of a local party organization and affixed with the seal of the local party organization, or the seal of a higher-level party organization, or the seal of this political party.
Nominations to the territorial election commission may be submitted to the respective election commission by means of electronic services in accordance with the procedure established by the Central Election Commission.
Submissions of nominations shall be appended with: a photocopy of each nominee’s passport of a citizen of Ukraine (photocopies of the first and second pages of a passport of a citizen of Ukraine in the form of a passport book, or a photocopy of the front and reverse sides of a passport of a citizen of Ukraine in the form of a card), or a photocopy of the first and second pages of a person’s temporary certificate of a citizen of Ukraine (for persons who have recently been granted Ukrainian citizenship).
Statements of the persons nominated to a territorial election commission, expressing their consent to participate in the work of an election commission on behalf of the respective nominating subject, their consent to carry out the official functions as chair, deputy chair or secretary of an election commission, and their non-consent to participate in the work of an election commission on behalf of other nominating subjects in the respective elections shall be submitted by the respective nominating subjects before they file the submission to the respective election commission on the nomination of members to the composition of the territorial election commission.
If the respective election commission identifies simultaneous submissions of the same nominee to a territorial election commission from different subjects of nomination, the election commission shall request the respective subjects of submission or the nominee proposed to the territorial election commission to clarify the information and submit a statement of consent to participate in the work of the territorial election commission from the respective subject of submission. If the consent of a person to participate in the work of the territorial election commission from the respective subject of submission is not confirmed, the respective election commission shall reject the nomination of such person.
10. Nomination submissions to territorial election commissions shall include the following information on each nominee:
1) last name, first name (all first names), patronymic name (if any) of a person;
2) day, month and year of birth;
3) citizenship;
4) educational background;
5) confirmation of his or her command the state language;
6) place of employment (occupation) and occupied position;
7) place of residence (address of residence) as well as contact telephone numbers;
8) election commission experience;
9) information on whether the nominee has no criminal record for committing a grave or especially grave crime or a crime against citizens’ electoral rights or a corruption crime, which has not been lifted or expunged pursuant to the procedure established by law.
11. Technical errors or inaccuracies contained in a submission shall not constitute a reason for the rejection of nominees.
In the event if technical errors and inaccuracies are discovered in the surname, name or patronymic name, or the date of birth indicated in the submission – then the information in the resolution on the formation of the territorial election commission shall be indicated on the basis of the copies of the passport documents.
12. Citizens of Ukraine complying with the requirements of Article 34 of this Code may be members of a territorial election commission. Should circumstances appear or become known which shall deprive a person of the right to be a member of the election commission, the powers of such election commission members may be terminated early by the election commission, which established the respective territorial election commission.
13. The election commissions specified in Parts four to eight of this Article shall, simultaneously with the establishment of the territorial election commission, appoint the chair, deputy chair and the secretary of such election commission.
14. The chair, deputy chair, and the secretary of the territorial election commission shall be representatives of different nominating subjects, specified in Part two of this Article.
15. A decision establishing a territorial election commission shall be made public by the election commission that established it in the manner prescribed by such election commission no later than the next day following the day when such decision was adopted. A decision on replacement of members in the composition of a territorial election commission shall be made public pursuant to the procedure and within the time period prescribed by this Part, but no later than on the last day prior to the day of voting.
16. In the event if no submissions of nomination to territorial election commissions were filed within the time period prescribed by this Article, or if submissions of nominations to territorial election commissions were filed containing less than nine persons, a composition of the territorial election commission shall be formed within the time period specified in Part four to eight of this Article, upon submission of the chair of the respective election commission on the basis of proposals from the members of the respective commission.
