Home > 1.3.2.3 Counting procedures/validity of ballots > UKRAINE - Law on Elections of People's Deputies
 
 
 
Download file    
 
 
Article 74
 

Establishing the Results of Voting in a Single-Mandate Constituency

 

1. If there remains not a single registered candidate deputy in the given single-mandate constituency on the election day, the district election commission shall decide to deem the election of a People’s Deputy of Ukraine in the relevant single-mandate constituency as one that did not take place. Along with the election documents listed in the sixth paragraph of Article 73 of this Law, that decision shall be sent to the Central Election Commission.

 

2. After establishing the results of voting in the multi-mandate constituency within the framework of the single-mandate constituency on the basis of protocols of polling station commissions on the tabulation of votes at the polling station in the single-mandate constituency, among them protocols with the mark “Corrected”, and notes on the content of such protocols sent by means of communication from polling stations set up on vessels at sea and carrying the State Flag of Ukraine on the election day, the Ukrainian polar stations, with the diplomatic and other official missions and consular posts of Ukraine abroad, and the military units quartered outside Ukraine and, in the event of a repeat tabulation of votes, the protocol of the district election commission on the repeat tabulation of votes at the relevant polling station in a single-mandate constituency, the district election commission shall determine:

 

1) the number of ballots for voting in a single-mandate constituency received by the polling station commissions;

2) the number of voters entered in the single-mandate constituency polling stations’ voter lists;

3) the number of unused ballots for voting in a single-mandate constituency;

4) the number of voters who received ballots for voting in a single-mandate constituency;

5) the number of voters who took part in the voting at the given polling station in the single-mandate constituency;

6) the number of voided ballots for voting in a single-mandate constituency;

7) the number of votes given for each candidate deputy; and

8) the number of voters that did not support any deputy candidate.

 

3. Information about the results of voting in a single-mandate constituency shall be entered in the relevant protocol of the district election commission in figures and in words.

 

4. The district election commission shall draw up its protocol on the results of voting in the single-mandate constituency in the amount of copies that is greater by three than the number of persons comprising the district election commission. The copies of the protocols shall be numbered, each having the same legal force.

 

5. It shall be prohibited to fill out a protocol of the tabulation of votes in a single-mandate constituency in pencil and to make any kind of corrections therein without a relevant decision of the commission.

 

6. The protocol on the results of voting in a single-mandate constituency shall be signed by the chairperson, his/her deputy, the secretary and other members of the district election commission that are present, and endorsed by the seal of the district election commission. The protocol shall indicate the date and time (hour, minutes) of its signing by the members of the district election committee. Should the signature of a member of the district election committee be missing, the reason for its absence shall be indicated against his/her surname in the protocol. Present authorized representatives of the party (bloc), candidate deputies, or their authorized persons, official observers from parties (blocs), and candidate deputies registered in the single-mandate constituency shall also have the right to sign this act. Should the district election commission find any inaccuracies (such as a slip of the pen or a mistake in numbers) after the signing of the said protocol, it shall consider the question of amending the protocol at its meeting by drawing up a new protocol with the mark “Corrected”.

 

7. The first copy of the protocol of the district election commission on the results of voting in a single-mandate constituency, and, should any changes be made in the protocol, the protocol in which inaccuracies (a slip of the pen or errors in numbers) were found, together with relevant protocols and acts of polling station commissions; the decisions made on the basis thereof and, if available, protocols of the district election commission on the repeat tabulation of votes at the relevant polling station in a single-mandate election constituency; the separate opinions of the members of the district election commission, petitions and complaints about the violation by the district election commission of the procedure of establishing the results of voting in the single-mandate constituency; and the decisions made by the district election commission based on the results of their analysis – shall be sent by the district election commission to the Central Election Commission without delay. The second copy of the protocol shall be kept with the district election commission, and the third copy shall immediately be put out for general information in the premises of the district election commission. The rest shall be given to the members of the district election commission, one copy to each member.

 

8. At their request, authorized representatives of parties (blocs), candidate deputies, their authorized persons, official observers from parties (blocs), and candidate deputies registered in the single-mandate constituencies shall immediately be issued with a copy of the protocol.

 

9. On the basis of the protocol on the results of voting in a single-mandate constituency, the district election commission shall make one of the following decisions on the results of voting in a single-mandate constituency: the People’s Deputy of Ukraine has been elected; a repeat voting in the single-mandate constituency is necessary; or the central Election Commission shall be informed that the election in that single-mandate constituency was null and void.

 

10. A duly elected People’s Deputy of Ukraine is the candidate deputy who has received the majority of votes of the voters who took part in the election relative to other candidate deputies who have been running in that district. Should the ballot contain only one candidate deputy, he or she shall be deemed elected if the number of votes cast for him/her exceeds the number of voters who have not supported any of the candidate deputies in that single-mandate constituency.

 

11. Along with the documents referred to in the seventh paragraph of this Article, the district election commission shall send its decision on the results of the election in the single-mandate constituency to the Central Election Commission without delay.