The Procedure for Transferring Ballot Papers to Election Commissions
1. A district election commission shall receive ballot papers from an authorized member of the Central Election Commission or representative of the Secretariat of the Central Election Commission, authorized by the decision of the Central Election Commission, at its meeting no earlier than seven days before Election Day. The district election commission shall execute in three copies the protocol on acceptance of ballot papers. The protocol shall be executed under the procedure stipulated by paragraph 8 of Article 35 of this Law, and shall be signed by an authorized member or representative of the Secretariat of the Central Election Commission authorized by the decision of the Central Election Commission, who transfers the ballot papers. The first copy of the protocol shall be delivered to the Central Election Commission, the second — kept at the district election commission, the third one shall be immediately posted in the premises of the district election commission for general familiarization.
2. A district election commission shall ensure preservation and safekeeping of ballot papers received from the Central Election Commission. The ballot papers shall be kept at the premises of the district election commission in a safe box (metal box or separate room), which is sealed with a tape with signatures of everybody present at the commission’s meeting and a commission’s seal. The safe (metal box or separate room) constantly (till the ballot papers are handed over to polling station commissions) shall be guarded by an officer of internal affaires bodies.
3. No earlier than three days before Election Day, but no later than 20 hours before Election Day, at its meeting, the district election commission shall hand over the ballot papers to the polling station commissions of the respective election district. No less than three members of each polling station commission shall receive the ballot papers.
4. The polling station commission shall receive all the ballot papers with a number of the respective polling station.
5. Protocol shall be drawn up regarding the handing over of ballot papers from the district election commission to polling station commissions according to the form stipulated by paragraph 8 of Article 35 of this Law. The protocol shall indicate the following:
1) the number of the territorial election district;
2) the number of ballot papers received by the district election commission;
3) the number of each polling station, commission members of which received the ballot papers;
4) the number of voters in the polling station in accordance with the voter list on the day of drawing up the protocol (including voters, who were included in the voter list based on absentee voting certificates);
5) the number of ballot papers handed over to the polling station;
6) the surnames and signatures of the members of the polling station commission who received the ballot papers;
7) the number of ballot papers cancelled by the district election commission, which were assigned for special polling stations opened at a vessel navigating on Election Day under the State Flag of Ukraine, at a polar station of Ukraine, which were granted a permission to produce ballot papers in accordance with paragraph 6 of Article 79 of this Law.
6. Protocol of handing over of ballot papers to polling station commissions shall be completed in the number of copies exceeding the number of members of the district election commission by three. The copies of protocol shall be numbered and shall have equal legal effect. The first copy of the protocol shall be sent to the Central Election Commission; the second shall be kept by the district election commission; and the third copy shall be immediately posted in the premises of the district election commission for general familiarization. The other copies shall be distributed among the members of the district election commission - one copy fore each member.
7. An excerpt from the protocol completed in a form established by the Central Election Commission and indicating the information concerning the respective polling station, shall be given to representatives of each polling station commission, who received the ballot papers, together with the ballot papers; it shall bear signatures of the head and secretary of the district election commission and three members of the respective polling station commission and shall be sealed with a seal of the district election commission.
8. Polling station commissions of foreign polling stations shall receive ballot papers no earlier than three days before Election Day through the Ministry of Foreign Affaires under the procedure established by the Central Election Commission; if required, as an exception, the ballot papers may be handed over six days before Election Day. The Central Election Commission shall complete the protocol of handing over the ballot papers to election commissions of foreign polling stations, as referred to in paragraph 5 of this Article.
9. A candidate for deputy, authorized representative of a party (bloc), an official observer, who were present during handing over the ballot papers, upon his/her request, shall have the right to immediately receive the copies of the protocols as referred to in paragraphs 1 and 5 of this Article, signed on each page by the head and secretary of the district election commission and sealed with the seal of the commission, no more than one copy of the protocol for each party (bloc) — subject of the election process. The copies of protocol, referred to in paragraph 8 of this Law, shall be handed to the representatives of parties (blocs) in the Central Election Commission.
10. Members of a polling station commission of regular and special polling stations (except for polling stations on vessels navigating under the State Flag of Ukraine, and at a polar station of Ukraine) shall deliver received ballot papers to the premises of the polling station commission accompanied by an officer of internal affaires bodies.
11. A polling station commission shall accept ballot papers at a meeting of the polling station commission immediately after arrival of members of the polling station commission, who received the ballot papers. The secretary of the commission shall affix a seal of the polling station commission in designated fields of each ballot paper. Another commission member, appointed by a decision of the commission, shall count received ballot papers and verify whether the numbers of the territorial election district and the number of the polling station indicated on the ballot papers correspond to the actual number of the polling station which received the ballot papers.
12. During counting of the ballot papers the member of the commission designated by the election commission shall count the ballot papers aloud. The rest of the members of the commission observe the counting. During the counting it is prohibited to divide the commission into several groups assigning to each of them a part of the ballot papers to count.
13. In case of discrepancies of the actual number of the ballot papers and the number indicated in an excerpt from the protocol of handing over ballot papers completed by the district election commission, the polling station commission shall draw up in two copies an act on discrepancies indicating the established by the decision of the polling station commission cause of discrepancy. The act shall be completed in form and under the procedure stipulated by paragraph 8 of Article 35 of this Law. One copy of the act shall be delivered to the district election commission, and the second one shall be kept at the polling station commission. If there are such discrepancies, the number of the ballot papers received by the polling station commission shall be deemed to be equal to the number of ballot papers, which was established at the meeting of the polling station commission and registered in the act on discrepancies and in the protocol of the meeting of the commission’s meeting.
14. Ballot papers shall be kept in the premises of the polling station commission in a safe (metal box) sealed at the same meeting with a tape with signatures of all persons present at the meeting of the election commission and stamp of the election commission, and shall be permanently (till the preparatory meeting of the commission, foreseen by paragraph 3 of Article 82 of this Law, commences) guarded by an officer of interior bodies of Ukraine.
15. If the Central Election Commission passes a decision to make changes in a ballot paper using a special stamp, as referred to in paragraph 8 of Article 79 of this Law, no later than on the eve of Election Day the polling station commission shall convoke its meeting under the procedure stipulated by paragraphs 16-19 of this Article in order to execute the mentioned decision.
16. At the beginning of the meeting, all persons present at the meeting shall exemine the tape sealing a safe (metal box), where the ballot papers were kept. If a tape is not damaged and has respective signatures and the seal, the safe box (metal box) with ballot papers shall be opened. The head of the polling station commission shall announce the number of ballot papers received by the polling station commission based on the excerpt from the protocol of handing over the ballot papers to the polling station commission completed by the district election commission, or a act, which is referred to in paragraph 13 of this Law.
17. In case when the tape sealing the safe box (metal box) is damaged or the signatures or seal are inconsistent, the head of the polling station commission shall immediately inform interior bodies of Ukraine and the district election commission thereof. After that, the head of the commission shall immediately open the safe (metal box) and take out the ballot papers, which are kept there. The members of the polling station commission shall check the ballot papers, in particular, whether the numbers of the territorial election district and the polling station correspond to each other, whether the stamp of the polling station commission is in place; and then shall count the ballot papers. The polling station commission shall complete an act on signs of the safe (metal box) opening revealed and (if any) on inconsistencies in the number of the ballot papers. The said act shall be drawn up in the form and under the procedure stipulated by paragraph 8 of Article 35 of this Law. The number of ballot papers revealed in the safe (metal box) shall also be registered in the protocol of the meeting of the election commission. In such a case, the established number shall be deemed the number of the ballot papers received by the polling station commission.
18. When activities, which are referred to in paragraphs 16 or 17 of this Article are performed, the commission shall make changes in ballot paper. A member of the commission designated by the decision of the commission shall affix a stamp, as referred to in paragraph 8 of Article 79, on a ballot paper in the field beside the name of the party (bloc), registration of candidates of which has been cancelled. After that, the ballot papers shall be recounted, put in the safe (metal box), where they shall be kept under the procedure stipulated by paragraph 14 of this Article. In case of any discrepancies of the number of ballot papers, counted after making changes, and the number of ballot papers received by the polling station commission, at the same meeting the commission shall draw up an act in a form and under the procedure as referred to in paragraph 13 of this Article. The number of ballot papers, indicated in the mentioned act, shall be also registered in the protocol of the meeting of the commission and shall be deemed the number of the ballot papers received by the polling station commission.
19. If any changes are made in ballot papers without decision of the Central Election Commission or in defiance of the mentioned decision, the polling station commission at its meeting shall draw up the respective act in two copies in a form and under the procedure stipulated by paragraph 8 of Article 35 of this Law. The act should indicate the number of received ballot papers, the number of spoiled ballot papers and surnames of individuals whose fault it is. One copy of the act shall be immediately delivered to the district election commission; the second one shall be kept at the commission. Information of the mentioned act shall be taken into account by the polling station commission while completing the protocol on counting the votes at the polling station. Based on such act and application of the district election commission, the Central Election Commission shall pass a decision on re-printing of the respective number of the ballot papers. Spoiled ballot papers shall be cancelled and packed under the procedure stipulated by paragraph 10 of Article 86 of this Law. The package shall bear the following inscription: “Spoiled ballot papers”. Spoiled ballot papers shall be kept at the polling station commission until Election Day and shall be transferred to the district election commission together with other documents on voting under the procedure stipulated by Article 91 of this Law.
