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Article 255
 

Tabulation of the Results of Voting in the Local Elections



  1. Territorial election commissions shall establish the results of voting by completing the corresponding protocol for the following local elections:


1) the Election Commission of the Autonomous Republic of Crimea or the oblast election commission – the protocol on the results of the voting in the respective elections of members of the Verkhovna Rada of the Autonomous Republic of Crimea or the oblast council within the territorial election district based on the protocols of the respective village, settlement or city election commissions on the results of voting within this district;


2) city election commission (of a city with 10,000 or more voters) – the protocol on the results of the voting in the elections of members of the city council within the territorial election district on the basis of protocols of the rayon in city election commissions on the results of voting within a part of this district; 3)village, settlement or city:


a) the protocol on the results of the voting in the respective election of members of the Verkhovna Rada of the Autonomous Republic of Crimea or the oblast council;


b) the protocol on the results of the voting in the elections of members of the respective rayon council within this territorial election district;


4) the rayon in city election commission:


a) the protocol on the results of the voting in the elections of members of the city council in the territorial election commission or its part (in a city territorial community with 10,000 or more voters) or in multi-member election districts (in a city territorial community with up to 10,000 voters)


b) the protocol on the results of voting in the election of the mayor.


Protocols on the results of the voting in the elections of members of the village, settlement, or city (cities without rayon division) council in the respective multi-member election districts or the village, settlement or city (cities without rayon division) mayor shall not be shall not be drawn up by a territorial election commission which establishes the results of the elections. The protocol on the results of the elections shall, in this case, be drawn up directly on the basis of the protocols of the precinct election commissions on the counting of votes for the respective local elections.



  1. The territorial election commission shall, after the adoption and consideration of protocols (including those marked “Corrected”) of precinct election commissions on the counting of votes at the respective election precincts, on the basis of these protocols, and in case of a recount of votes – on the basis of protocols of the territorial election commission on the counting of votes at the respective election precincts no later than on a ninth day from the day of voting (and in case of repeat voting – no later than on the third day from the day of repeat voting) establish and enter into the protocol on the results of the voting for each election district in the respective local elections the following information:


1) the number of ballots received by precinct election commissions;


2) the number of unused ballots cancelled by precinct election commissions;


3) the number of voters included in the voter lists at election precincts;


4) the number of voters who received ballots;


5) the number of voters included in the excerpts from the voter list for voting of voters at their place of stay at the election precincts;


6) the number of voters who received ballots in the premises for voting;


7) the number of voters who received ballots at their place of stay;


8) the number of voters who took part in voting in the place for voting;


9) the number of voters who took part in voting at the premises for voting;


10) the number of voters who took part in voting;


11) the number of ballots which shall not be counted unveiled at the election precincts;


12) the number of ballots declared invalid;


13) the percentage of the total number of ballots declared invalid in relation to the total number of voters who took part in the voting.



  1. In the protocol of the territorial election commission on the results of the voting in the respective multi-member election district or the unified single-member election district for the respective local elections, in addition to the information specified in part two of this article, members of the respective commission shall enter, in figures and words, information on the number of votes cast for each candidate for the position of village, settlement or city mayor.

  2. The protocol of the territorial election commission on the results of the voting in the territorial election district for the elections of members of the Verkhovna Rada of the Autonomous Republic of Crimea or the oblast, rayon, rayon in city, as well as city, village or settlement council (of a territorial community with 10,000 or more voters), except the information specified in part two of this article, shall also include, in figures and words, the following information:


1) the total number of votes of voters who supported the territorial electoral lists of all party organizations within the territorial election district (part of the territorial election district);


2) the number of votes of voters who supported the territorial electoral list from each party organization within the territorial election district (part of the territorial election district);


3) the number of votes of voters who supported each candidate included in the territorial electoral list from each party organization within the territorial election district;


4) the number of votes of voters who supported the entire territorial electoral list, without supporting a specific candidate from this list, from each party organization within the territorial election district.



  1. The protocol of the territorial election commission on the results of the voting in the respective election district shall contain the information specified in part two of this article and the information specified in parts three or four of this article, respectively.

  2. Information on the results of voting within the election district shall be entered in figures in the protocol of the territorial election commission on the results of the voting in the respective local elections for each election precinct and summarized for the election district (part of the election district).

  3. The protocol on the results of the voting in the respective election district (part of the election district) shall be drawn up by the territorial election commission in three copies. Copies of the protocols are numbered and have the same legal force. The protocol of the territorial election commission on the results of voting may be prepared by technical means.

  4. It is prohibited to fill in the protocol on the results of voting with pencil, to make any corrections to it without a corresponding decision of the territorial election commission, as well as to sign it and certify it with the seal of the territorial election commission until its final completion.

  5. The protocol shall specify the date and time (hour and minutes) of the signing thereof by the members of the territorial election commission. Each copy of the protocol shall be signed by the chair, deputy chair, secretary and other members of the territorial election commission present at the election commission’s meeting. A member of a territorial election commission present at a meeting of the commission is obliged to sign the protocol on the results of the voting. In case of disagreement with the actions of the commission or the results of the voting recorded in the protocol on the results of the voting, the member of the commission shall sign the protocol with the indication "With a dissenting opinion." A written statement of a dissenting opinion shall be attached to the respective protocol on the results of the voting. In case of absence of the signature of the member of the territorial election commission in the protocol on results of voting next to his surname, the reason for the absence of the signature is specified. The protocol shall be signed and certified by the seal of the territorial election commission only after its final completion. Candidates, agents of candidates, authorized persons of party organizations and official observers who were present at the meeting of the territorial election commission, also have the right to sigh the first and second copies of the protocol on the results of the voting in the respective local elections. Failure to sign the protocol by individual members of the election commission shall entail no legal consequences for the validity of the protocol.

  6. A member of the respective territorial election commission, a candidate, his/her agent, an authorized person of the party organization and an official observer who was present at the meeting during the drawing up of the protocol shall, upon their request, be immediately issued a copy of the protocol of the territorial election commission on the results of voting (including those marked “Corrected”) in the amount of one protocol copy for a member of the commission, a candidate and each party organization, and one protocol copy for an official observer (a group of observers) from each public organization, foreign state or international organization. These copies shall be signed on each page by the chair and secretary of the territorial election commission and affixed with seal of the election commission. Copies of the protocol of the territorial election commission on the results of voting may be made by technical means.

  7. If an election commission after the signing of the protocol and before it is transferred to the election commission, which establishes the results of the elections, finds inaccuracies in it (a miscalculation or error in the figures), it shall consider at its meeting the issue of amending the protocol by drawing up a new protocol marked “Corrected.” The protocol marked “Corrected” is drawn up and signed in the manner and in the number of copies established by this article.

  8. The first copy of the protocol of the territorial election commission on the results of the voting in the respective local elections in the respective election district (part of the election district), and if available – the respective copy of the protocol marked ”Corrected”, are packaged. The package shall be marked ”Protocol on Voting Results” and shall indicate the name of the respective elections, an indication and/or the number of the election district, the date and time of packaging, the number of packaged documents, the signatures of all members of the territorial election commission present and the seal of the territorial election commission.


The second copy of the protocol of the territorial election commission on the results of the voting in the respective local elections in the respective election district, as well as the protocol marked ”Corrected” (if available), shall be kept by the secretary of the territorial election commission. The third copy of the protocol, as well as the protocol marked ”Corrected” (if available), shall be immediately posted for public review in the premises of the territorial election commission.


13. The first copy of the protocol of the territorial election commission on the results of voting within the election district (part of the election district), and in case of amendments to this protocol – also the protocol in which inaccuracies were made (miscalculations or errors in figures), together with the respective protocols and acts of precinct election commissions, decisions adopted on the basis of these acts, and (if available) protocols of the territorial election commission on the recounting of votes at the respective election precinct, dissenting opinions of members of the territorial election commission set out in writing, applications and complaints about violations by the territorial election commission of the procedure for establishing the results of voting and the decisions adopted by the election commission based on the results of their consideration, shall be transported by the territorial election commission to the election commission that establishes the results of the respective elections.


14. he territorial election commission, at a meeting at which the results of the voting in the respective election districts for the respective local elections are established, shall make a decision on determining three or, in case it is impossible, two members of the commission to transport the election documents from the respective local elections to the territorial election commission which establishes the results of the respective elections. The members of the commission, determined by the decision of the commission for transportation of election documents to the territorial election commission, must be representatives of different subjects of nomination of members to the territorial election commission. During the transportation of election documents, the members of the territorial election commission are accompanied by police officers and, if necessary, at the request of the territorial election commission, by employees of the Security Service of Ukraine, who must provide security during transportation. At their own request, other members of the territorial election commission who are not engaged in the transportation of election documents, candidates, agents of candidates and official observers may accompany the transportation of documents. Accompanying the transportation of election documents by other persons is prohibited. During the transportation of election documents, it is prohibited to open the packages with the ballots and the other election documents.


15. During the transportation of election documents, the seal of the territorial election commission shall be kept in a safe (metal cabinet) on the premises of the territorial election commission.


If the respective territorial election commission, which establishes the results of the respective elections, decides on the obligation to correct identified deficiencies by drawing up a protocol on the results of voting marked “Corrected,” the territorial election commission which establishes the results of the voting shall consider amending the respective protocol at its meeting and draw up a protocol marked "Corrected" within the period determined by the territorial election commission, which establishes the results of the election. The protocol on the results of voting marked "Corrected" shall be immediately after it is drawn up transported to the territorial election commission, which establishes the results of the election, in accordance with the procedure specified in this article.


16. If the boundaries of a territorial election district comprise several villages, settlements, cities or several rayons in city, the respective village, settlement or rayon in city election commissions shall draw up protocols on the results of the voting in the respective elections of members of the Verkhovna Rada of the Autonomous Republic of Crimea, or to the oblast, rayon, city, rayon in city, settlement or village councils (of a territorial community with 10,000 or more voters) within the boundaries of a part of the territorial district – at the election precincts formed in the respective village, settlement, city or rayon in city.


If in the territory of a village, settlement, city or rayon in city in the cities of Kyiv and Sevastopol more than one territorial or multi-member election district is formed, the respective election commission shall draw up protocols on the results of voting within all such districts after the receipt and consideration of the documents of the respective precinct election commissions in the village, settlement, city or rayon in city.


If the mandate of the territorial election commission, which establishes the results of voting within the territorial election district, extends to part of the respective territorial election district, the results of voting within the respective district as a whole shall be established by the territorial election commission, defined by this article, on the basis of the protocols of the territorial election commissions on the results of voting within a part of the territorial election district (at election precincts formed in the territory of the respective rayon, city or rayon in city of the cities of Kyiv and Sevastopol).


The territorial election commission is obliged to establish the results of voting within the territorial or multi-member election districts regardless of the number of election precincts in the respective district, in which the results of the voting were declared invalid or in which voting was not organized and conducted on election day, in accordance with the requirements of this Code. It is prohibited to declare voting invalid within the territorial or the multi-member election district.


If voting at all election precincts of a territorial or multi-member election district on the day of voting was not organized and conducted or was declared invalid in accordance with the requirements of this Code, the territorial election commission shall establish that voting within the respective election district did not take place. In this case, the protocol of the territorial election commission on the results of voting within the respective election district (part of the election district) for the respective local elections shall contain only the information specified in paragraphs 1 to 5 of part two of this article. In place of other information, a dash is put.


The protocol on the results of the voting shall be adopted by the territorial election commission, which shall establish the results of the respective local elections in accordance with the procedure provided for in Article 254 of this Code.