Procedure of Familiarization of Voters with Voter List at Regular Polling Stations and Complain against Mistakes in Voter List
1. A polling station commission of the regular polling station shall present a voter list to public in a polling station’s premise after receiving thereof in terms and under the procedure stipulated by paragraph 8 of Article 41 of this Law.
2. A polling station commission of the regular polling station shall send two personal invitations to each voter informing him/her about his/her putting in a voter list at the respective polling station, his/her number in the voter list, polling station commission’s address, its telephone number and work schedule, as well time and date of the voting. Voters, whose names in the voter list are marked in accordance with paragraph 5 of article 41 of this Law, shall be simultaneously informed that they will be allowed to vote at the place of his/her staying. Such written notices shall be sent no later than 25 and not earlier than 7 days before Election Day.
3. Each citizen shall have the right to look through a voter list in the premises of the polling station commission and check out the information put in the voter list. A citizen shall have the right to complain to a polling or a district election commission or directly to a local court at the place of location of a polling station against mistakes made at compiling the voter list, including his/her non-inclusion, erroneous inclusion or withdrawal from a voter list or other persons, as well existence or non-existence of a notice that voter can not move by his/her own
4. A citizen shall personally file a complaint with a polling station or district election commission on circumstances falling within paragraph 3 of this article. The complaint in a form, stipulated by article 107 of this Law (without notification of the subject of complaint), being filed with the election commission, shall be considered at the next commission’s meeting, usually, in a complainant’s presence. A commission member who receives the complaint shall inform a complainant on time of the next commission’s meeting.
5. A complaint as referred to in paragraph 4 of this article may be filed with the respective polling station commission no later than five days before Election Day. A commission shall consider such claim in two days. Based on consideration results, the polling station commission should adopt a decision on amending the voter list or a well-grounded decision on refusal in meeting the complaint. The copy of a decision shall be given to a complainant no later than on the following day after making thereof. A complaint filed with a polling station commission after expiration of the said term shall not be considered.
6. A complaint as referred to in paragraph 4 of this article may be filed with a respective district election commission no later than three days before Election Day. A commission shall consider such complaint within two days, but no later than on the third day before Election Day; and a complaint filed in three days before Election Day shall be considered immediately. Based on consideration results, a district election commission should adopt a decision on amending the voter list or a well-grounded decision on refusal in meeting the complaint. The copy of a decision shall be given to the complainant no later than on the following day after the making thereof and in case of adopting such decision in three days before Election Day – immediately.
7. A complaint as referred to in paragraph 4 of this article may be filed with a local court at the place of location of a polling station no later than two days before Election Day. The court shall consider such complaint within two days, but no later that in two days before Election Day, and the complaint filed in two days before Election Day shall be considered immediately. A complainant shall be given a court decision on the day of adoption thereof. A court decision shall be handed over to a polling station commission no later than five days before Election Day, and if passed after this day but no later than two days before Election Day - it should be handed over to a district election commission.
8. An election commission or a court shall adopt decision on voter’s inclusion or non-inclusion in the voter list on the respective polling station based on ascertaining the voter’s place of residence and taking into account requirements of paragraph 3 of article 41 of this law. If required, the election commission or a court when considering the complaint may contact the respective working group of voter registration, mentioned in paragraphs 2, 3 or 9 of article 39 of this Law requesting the clarification of the voter’s data.
9. When considering the complaint on voter’s inclusion in the voter list under procedure stipulated by paragraph 5 of this article a polling station commission reveals reasons for possible putting a voter on the voter lists on one or several other polling stations, the commission no later than on the following day after passing a decision on putting the voter in the voter list on the respective polling station shall inform a district election commission of the territorial election district covering the polling station on putting the individual on the voter list and on other possible places of his/her inclusion in the voter lists. The district election commission being informed thereof, shall ensure immediate notification of district election commissions of territorial election districts, covering polling stations, where the said person could have been put in the voter list, on putting this person on the voter list.
10. When considering the complaint on voter’s inclusion in the voter list under procedure stipulated by paragraph 6 of this article as well receiving notifications, mentioned in paragraph 11 of article 46 and paragraph 15 of article 47 a district election commission reveals reasons for possible putting a voter in the voter list on one or several other polling stations the district election commission shall inform district election commissions of territorial election districts covering such polling stations, on putting the voter in the voter list.
