Home > 2.9 Electoral offences and sanctions > UKRAINE - Law on Elections of People's Deputies
 
 
 
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Article 90
 

Recognizing Voting at Polling Station Invalid by Polling station commission

 

1.    A polling station commission may recognize the elections at a polling station invalid in the event that it establishes violations of the requirements of this Law, which make it impossible to reliably determine voters’ will. A polling station commission may recognize the elections at a polling station invalid in the event that it establishes the following circumstances:

 

1)      instances of illegal voting (casting a ballot paper to the ballot box by another individual for the voter, except for the cases stipulated by paragraph 9, Article 83 of this Law; voting by individuals not entitled to vote; voting by individuals who are not on the voter list at the polling station or illegally added to it; voting by an individual more than once) amounting to more than ten percent of the number of voters who received ballot papers at a polling station;

 

2)      instances of destruction or damage of the ballot box (boxes) that makes it impossible to determine the contents of the ballot papers if the number of these ballot papers exceeds ten per cent of the number of voters who received ballot papers at a polling station;

 

3)      instances of establishing of ballot papers in ballot boxes in amount that exceeds ten percent of the number of voters who received ballot papers at a polling station.

 

2.    In the event of establishing circumstances mentioned under paragraph 1 of this Article, a polling station commission shall draw up an act in each case pursuant to the procedure set forth in paragraph 8, Article 35 of this Law. This act (acts) shall be the basis for a polling station commission to consider the issue of recognizing the voting at a polling station invalid.

 

3.    In the event that a decision is adopted by a polling station commission on recognizing the voting at a polling station invalid, the protocol of a polling station commission on counting of votes at a polling station shall contain only information mentioned under clauses 1-11, 14, 18-20, paragraph 2, Article 89 of this Law. The columns for other information shall be crossed. The protocol on counting of votes at a polling station shall be drawn up by a polling station commission pursuant to the procedure set forth in Article 89 of this Law.

 

4.    In the event that a polling station commission passes a decision on recognizing the voting at a polling station invalid, ballot papers shall be packed pursuant to the procedure set forth in paragraph 10, Article 86 of this Law. The package shall bear an inscription “Ballot Papers”.

 

5.    The decision of a polling station commission on recognizing the voting at a polling station invalid and the act (acts), based on which this decision has been passed, shall be appended to the protocol on counting of votes at a polling station, packed and transported to a district election commission pursuant to the procedure set forth in this Law.