Procedure for Establishing a Precinct Election Commission
The right to nominate candidates to precinct election commissions shall be granted to:
1) local organizations of political parties, the establishment of parliamentary factions 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 a 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 not 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 a 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, not later than ninety-five days before the voting day by letter to which is attached a copy of the political agreement.
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 by letter to which a copy of the political agreement is attached;
3) local organizations of political parties, which have registered candidates for members of Verkhovna Rada of Autonomous Republic of Crimea or oblast, rayon, rayon in city, city, village or settlement councils (of territorial communities with 10,000 or more voters);
4) candidates for village, settlement or city councils (of territorial communities with less than 10,000 voters);
5) candidates for village, settlement or city mayor.
When establishing a precinct election commission, the respective territorial election commission shall determine the persons to be included in the respective precinct election commission from among nominees submitted by the nominating subjects indicated in clause three to five of this paragraph, by way of drawing lots, which shall be conducted in accordance with the procedure specified by Central Election Commission, no later than on the eighth day following the expiry of the time period for submission of nominations to such a commission.
As regards nominees submitted by local organizations of political parties, the establishment of parliamentary factions of which was announced at the first ordinary session of the Verkhovna Rada of Ukraine of the current convocation, drawing lots shall not be conducted. Nominees from such nominating subjects shall be included in each precinct election commission (no more than two persons in the composition of each precinct election commission), on the condition that submissions were filed and found to be in compliance with the requirements established by this Code.
As regards nominees submitted by local organizations of political parties specified in clause two of this paragraph, drawing lots shall not be conducted. Nominees from such nominating subjects shall be included in each precinct election commission (no more than one person in the composition of each precinct election commission), on the condition that submissions were filed and found to be in compliance with the requirements established by this Code.
If two or more local organizations of one political party simultaneously file submissions of candidacies to the same precinct commission, then the nominees from the local organization of the political party that is of higher level than other party organizations must be included into the composition of such commission.
Candidates nominated to a precinct election commission may be rejected only on the grounds of their non-compliance with the requirements of Article 34 of this Code, violation of the requirements of this part and part four of this article by a decision of the territorial election commission or by the results of the drawing lots specified by this Part.
A decision to reject nominees based on the results of the lottery shall not be adopted.
1) for small election precincts – 10-14 members;
2) for medium-sized election precincts – 12-16 persons; 3)for large election precincts – 14-18 members.
At election precincts in which the number of voters does not exceed two hundred persons, a precinct election commission may consist of a chair, a secretary and two to four other members.
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 a session of the Verkhovna Rada of Ukraine no later than January 1 of the year in which the local elections take place, a local organization of a party from which candidates are registered for the elections of the Verkhovna Rada of the Autonomous Republic of Crimea, oblast, rayon, rayon in city, as well as village, settlement or city councils (of a territorial community with 10,000 or more voters), and in case of their absence in the structure of the respective political party – an oblast or, in the Autonomous Republic of Crimea, a republican organization of this political party in accordance with the existing administrativeterritorial structure, shall submits to the respective territorial election commission nominations for members of the precinct election commissions (no more than one person to each precinct election commission).
A submission shall be signed by the chair of the local party organization and affixed with the seal of the respective local party organization, or the seal of a higher-level organization of the political party, or the seal of the political party.
A candidate in the multi-member election district in the elections of a village, settlement or city council (of territorial communities with less than 10,000 voters) or a candidate for village, settlement or city mayor shall file with the territorial election commission a submission of nominations to the respective precinct election commissions (no more than one person to each precinct election commission), which shall be signed by him or her.
The aforementioned nomination submissions to precinct election commissions shall be filed no later than twenty-four days prior to the day of voting, in a form established by the Central Election Commission.
Nominations of members of a precinct 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 to precinct election commissions shall include the information provided for by Part eleven of Article 203 of this Code.
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 precinct 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 territorial election commission on the nomination of members to the composition of precinct election commissions.
If the respective election commission identifies simultaneous submission of the same nominee to a precinct election commission from different subjects of nomination, the territorial election commission shall apply to the respective subjects of submission or the candidate proposed to the precinct election commission to clarify the information and submit an application for consent to participation in the work of a precinct election commission from the respective subject of submission. If the consent of a person to participate in the work of a precinct election commission from the respective subject of submission is not confirmed, the territorial election commission shall reject the nomination of such person.
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.
If necessary, in order to ensure the proper preparation for and conduct of the election by precinct election commissions, including on the day of voting, a territorial election commission may, at any time prior to the day of voting, increase the composition of a precinct election commission to the maximum number specified by Part three of this Article upon submission of the chair of the respective territorial election commission in accordance with proposals submitted by the members of this commission.
Should the local elections be held concurrently with the election of MPs of Ukraine, precinct election commissions shall not be formed; their powers shall be exercised by respective precinct election commissions in the elections of MPs of Ukraine formed at regular election precincts and special election precincts established in inpatient healthcare establishments.
Should the local election be held concurrently with an all-Ukrainian referendum, precinct election commissions shall not be formed; their powers shall be exercised by the respective referendum precinct commissions.
