Official Observers in Local Elections
- Official observers from party organizations that nominated electoral lists, candidates in multi-member election districts, candidates for village, settlement or city mayor shall be entitled to participate in the election process.
A citizen of Ukraine who has the right to vote in accordance with Article 70 of the Constitution of Ukraine may be an official observer from a party organization, a candidate, or a public organization in a local election.
The procedure for registration and legal status of official observers from foreign states, international organizations and public organizations is determined by Articles 59 and 60 of this Code.
- Official observers from candidates or party organizations shall be registered by the election commission upon submission of the candidate or a party organization’s authorized person in the unified multi-member election district or the respective territorial election district.
- An application for registration of official observers shall contain each official observer’s last name, first name (all first names), patronymic name (if available); the respective election district; citizenship; the day, month and year of birth; place of employment; job position (occupation); place and address of residence, telephone number; information on the absence of a 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.
The application shall be appended with statements of the consent of these persons to be official observers for the respective party organization or a candidate, a photocopy of his or her 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).
In case of detection of technical errors and inaccuracies in the submission on registration of an official observer, the resolution of the respective election commission on his registration shall contain information on the basis of copies of passport documents.
- An application for registration of official observers, signed by a candidate, a representative of a party organization in the territorial election commission or an authorized person of a party organization shall be submitted to the respective territorial election commission no later than five days before election day (on paper and electronically).
Documents for registration of official observers may be submitted through electronic services in accordance with the procedure established by the Central Election Commission.
- The election commission shall register official observers in the respective election district, produce and issue to them their identification documents in a form established by the Central Election Commission no later than the third day after the submission of the application.
- The only ground upon which an application for registration of an official observer may be refused is a failure to comply with requirements contained in the provisions of Parts one to four of this Article and Part three of Article 58 of this Code.
- An official observer from a party organization shall be entitled to:
1) be present, with due observance of the requirements of this Code, at the meetings of territorial and precinct election commissions in the respective election district;
2) be present at the meetings of candidates or authorized persons of party organizations with voters, at election campaign meetings and rallies;
3) be present at the election precincts during the voting and observe actions of the election commission members, in particular during the issuance of ballot papers to voters and vote counting without physically getting in the way of the election commission members;
4) make photographic, video and audio recordings, without violating the secrecy of voting;
5) be present during the voting at the place of voters’ stay;
6) address, in accordance with the procedure established by this Code, the election commissions within the respective election district with an application or a complaint seeking the elimination of violations of this Code if any have been discovered;
7) draw a statement of the discovery of a violation of the requirements of this Code that shall be signed by him or her and by no less than two voters certifying the fact of such violation, with an indication of their last names, first names, patronymic name, place, and address of residence, and file it with the respective election commission or a court;
8) take necessary measures within the limits of legislation to stop illegal actions during the voting and vote counting at the election precinct;
9) receive copies of the protocols as well as other documents specified by this Code; 10)exercise other rights provided by this Code for official observers.
- An official observer from a party organization may not:
1) interfere with the work of the election commission, perform actions violating the lawful course of the election process, or unlawfully prevent the election commission members from exercising their powers;
2) fill out a ballot paper for a voter (in particular upon his or her request);
3) be present during the filling out of a ballot paper by a voter in a polling booth (room) for secret voting or violate the secrecy of voting in any other way.
- If an official observer violates the requirements of Part eight of this Article, the election commission shall give him or her a warning. In the event of a repeat violation, or of gross violation of the requirements of Part eight of this Article, the election commission may deprive him or her of the right to be present at its meeting in accordance with procedures provided for by Part 10 of Article 36 of this Code. An official observer may appeal such a decision to court.
- A candidate, representative of the party organization in the election commission, authorized person of the party organization in the respective election district may recall an official observer by filing a written statement of termination of his or her authority with the respective election commission, and present the documents required for registration of another person as an official observer in the manner prescribed by this Article.
- An official observer shall be entitled to file with the respective election commission a statement of resignation. Based on such an application, the election commission shall adopt a decision canceling the registration of the official observer and issue or send a copy thereof, accordingly, to the authorized person of the party organization in the respective election district.
- In the event of the cancellation of registration of all candidates included in the unified electoral lists of a party organization, a candidate in the multi-member election district or a candidate for village, settlement or city mayor, the powers of the respective official observers from such party organization or candidate shall be considered terminated after the expiry of the term for appealing the respective decision on cancellation of registration or, in the case of an appeal, from the date of entry into force of the respective court decision.