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Article 33
 

Organization of Work of Election Commissions

 

1.    An election commission is a collective body. The basic form of work of an election commission shall be meetings convoked by the commission head or by the deputy head in case of the commission head’s absence, or by the secretary of the commission if the head and the deputy head are absent.

 

2.    If necessary, meetings of an election commission may be convoked by decisions of a superior election commission.

 

3.    Upon written demand of one-third of the commission membership, a head or a deputy head of the commission must convoke the commission’s meeting no later than on the following day after receiving this demand.

 

4.    First meeting of an election commission shall be convoked no later than on the third day after its creation, and the following meetings as necessary. If an election commission is established simultaneously with creation of a polling station in accordance with paragraph 13 of Article 28 or paragraph 13 of Article 29 of this Law, the first meeting of such commission shall be convoked no later that on the day following its creation.

 

5.    A meeting of an election commission shall be deemed valid if there are at least two thirds of commission members present at the meeting. On Election Day, in particular during vote tabulation, determination of voting results at a polling station, summing up voting results in the territorial election district, a meeting of a district election commission or a polling station commission shall be reliable if attended by more than one half of commission members.

 

6.    A meeting of an election commission shall be convoked with mandatory notification of all commission members about time, place, and agenda of the meeting.

 

7.    Commission members shall be given draft decisions of the commission and necessary materials, usually no later than on the last day before the date of the commission’s meeting, but no later than the beginning of the meeting.

 

8.    A head or a deputy head of an election commission shall preside over a meeting; if they fail to perform such duty, a commission shall appoint a headperson of a meeting from among its members.

 

9.    Upon demand of three commission members, and also subject to a decision of a superior election commission or a court decision, an election commission has to consider at its meeting issues falling within the commission’s competence, no later than 3 days after the declared demand or passage of respective decision but prior to Election Day; on Election Day other commissions, except for a polling station commission, shall consider such issues without delay. A polling station commission must consider issues falling within its competence at its meeting on demand of the said members on Election Day or upon a decision of a superior election commission or a court decision passed on Election Day immediately after the end of voting.

 

10. A decision of an election commission shall be passed through open vote by the majority of votes from the commission membership, except for the cases stipulated by this Law.

 

11. A decision of the commission becomes valid upon the moment of its passage, except for cases stipulated by this Law.

 

12. In case that there is less than two thirds of the commission’s members at a meeting of a district election commission or a polling station commission held on Election Day, in particular during the vote tabulation, determining the voting results at the polling station, summing up voting results in the territorial election district, the decision of the commission shall be passed by no less than two thirds of the number of commission members present at the meeting.

 

13. A member of the election commission present at its meeting and not agreeing with the decision passed by the commission shall have the right, within two days after the meeting, to express his/her written dissent opinion that shall be attached to the respective protocol of the election commission’s meeting and becomes their integral part.

 

14. A decision of an election commission passed within its competence shall be mandatory for compliance by all subjects of the election process, executive authorities and bodies of local self-government, their staff and officials, as well as mass media.

 

15. A decision of an election commission that contradicts Ukrainian legislation or has been passed through exceeding of its powers may be cancelled by a superior election commission or declared illegal and cancelled by court. In such a case, a superior election commission shall have the right to pass a decision on this particular issue.

 

16. Petitions, complaints and other documents submitted to an election commission shall be accepted and registered under the procedure established by the Central Election Commission.

 

17. An election commission may employ respective specialists, experts, and technical staff to provide organizational, legal, and technical support of exercise of its authorities stipulated by this Law.

 

18. Nobody has the right to interfere into activities of election commissions, except for cases stipulated by law.