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Article 115
 

Procedure for Delivery of Ballot Papers to Election Commissions


1. A district election commission shall, at its meeting, accept the ballot papers, packaged by the printing enterprise, from a representative of the Central Election Commission (regional or territorial representation of the Central Election Commission), authorized by a decision of the Central Election Commission to hand over the ballot papers, at its meeting. A district election commission shall draw up a protocol of acceptance of ballot papers in a form established by the Central Election Commission. A protocol of acceptance of ballot papers shall be drawn up in three copies and signed by all member of the district election commission and a representative of the Central Election Commission (regional or territorial representation of the Central Election Commission) handing over the ballot papers, as well as may be signed by candidates for the President of Ukraine, their authorized persons, official observers that are present at the election commission’s meeting. The first copy of the protocol shall be delivered to the Central Election Commission; the second copy shall be kept in custody of the district election commission; and the third copy shall be immediately posted in the premises of the district election commission for public review.


2. A district election commission shall ensure storage and safekeeping of ballot papers received from the Central Election Commission. Ballot papers shall be kept in the office of the district election commission in a safe (a metal case or a separate room). The safe (a metal case or a separate room) shall be continuously (until the transfer of the ballot papers to the precinct election commissions) guarded by a representative of the police.


3. A district election commission shall transfer the ballot papers in the packaging of the printing enterprise to the precinct election commissions at a meeting of the district election commission no sooner than three days prior to the day of voting, or the day of repeat voting. The ballot papers shall be received by no less than three members of each precinct election commission authorized to do so by a decision of the respective election commission.


4. A district election commission shall draw a protocol on the transfer of ballot papers to the precinct election commissions under the procedure and in the form established by the Central Election Commission. The protocol shall contain:


1) the number of the territorial election district;


2) the number of the election precinct;


3) the number of ballot papers for voting transferred to the election precinct;


4) last names and signatures of the precinct election commission members who received the ballot papers.


5. The protocol on the handover of the ballot papers to the precinct election commissions shall be completed in three copies and shall be signed by all members of the district election commission present at its meeting, as well as by candidates for the President of Ukraine, their authorized persons, official observers that are present at the election commission’s meeting. The first copy of the protocol shall be submitted to the Central Election Commission, the second copy shall be stored at the district election commission, and the third copy shall be immediately posted in the premises of the district election commission for public review.


An excerpt from the protocol prepared in accordance with the form approved by the Central Election Commission, signed by the head and secretary of the district election commission and three members of the respective precinct election commission and affixed with the seal of the district election commission, specifying the data related to the respective election precinct, shall be handed together with the ballot papers over to the representatives of each precinct election commission who received the ballot papers.


6. Ballot papers shall be delivered to the precinct election commissions of the out-of-country election precincts by the Central Election Commission through the Ministry of Foreign Affairs, in the manner specified by the Central Election Commission. The Central Election Commission shall draw up a protocol, as specified in Part five of this Article, on delivery of the ballot papers to the election commissions of the out-of-country election precincts. The protocol shall be completed in two copies, one of which shall be stored at the Central Election Commission, while the other copy, together with excerpts from the protocols for each out-of-country election precinct, shall be submitted to the Ministry of Foreign Affairs of Ukraine; information included in the aforementioned protocol shall, no later than on the following day, be made public on the official website of the Central Election Commission.


7. Each member of a district election commission, a candidate for President of Ukraine, his or her authorized person or official observer from a candidate or a party that are electoral subjects who were present during the delivery of the ballot papers shall be entitled to familiarize themselves with the protocols specified in Parts one and five of this Article.


8. The precinct election commission members shall transport the ballot papers received by them to the premises of the precinct election commission, accompanied by a representative of the police who shall be responsible for the safekeeping of the ballot papers.


9. Immediately after the arrival of the election commission members who received the ballot papers, the ballot papers shall be accepted by the precinct election commission at a meeting. The secretary of the commission shall open the packaging of the printing enterprise and affix the precinct election commission’s seal on the designated places of each ballot paper. Another member of the precinct election commission, appointed by a decision of the commission, shall separately count the ballot papers for voting and check the accuracy of indication of the election district and the numbers of the election precinct on the ballot papers. During the counting of the ballot papers, it shall be prohibited to divide the commission into groups to count separate parts of all ballot papers. If a discrepancy is found between the number of ballot papers and the respective numbers indicated in the excerpt from the protocol of the district election commission on the handover of the ballot papers, the precinct election commission shall produce a report, in three copies, in a form established by the Central Election Commission, on such discrepancies, which shall indicate the reason for the discrepancy as established by a decision of the precinct election commission. One copy of the report shall be submitted to the district election commission, the second copy shall be stored at the precinct election commission, while the third copy shall be made available for public review at the stand for information materials of the election commission. If such discrepancies are detected, the number of the ballot papers received by the precinct election commission shall be deemed to be the number of the ballot papers established at the meeting of the precinct election commission and entered in the report on discrepancies.


10. The ballot papers shall be stored in the premises of the precinct election commission in a safe (metal case) which shall be sealed at the same meeting of the commission with a tape signed by all persons present at the election commission’s meeting and affixed with the election commission’s seal and shall be continuously (until the day of voting) guarded by a representative of the police.


11. Should it be impossible for the Central Election Commission to transfer ballots to the district election commission the respective ballot papers shall be deemed unused and shall be invalidated by the Central Election Commission by handing them over for destruction to the printing enterprise. The ballot papers shall be destroyed by the printing enterprise in presence of the representatives of the Central Election Commission and the control commission established by the Central Election Commission in accordance with Part eight of Article 113 of this Code, which shall prepare a respective report thereon.


Should it be impossible for a district election commission to transfer ballot papers to the precinct election commission, the respective ballot papers shall be deemed unused, and the election commission shall produce a report thereon in two copies in a form established by the Central Election Commission. One copy of the report shall be submitted to the Central Election Commission, the second copy shall be stored at the respective district election commission. Such ballot papers shall be invalidated by a district election commission after the end of voting by cutting off the bottom right corner of the ballot papers. The invalidated unused ballot papers shall be packed in a separate package. The inscription “Unused ballot papers invalidated by a district election commission” shall be made on the package, with indication of the number of the territorial district, number (numbers) of an election precinct, number of packaged ballot papers, date and time of packaging. The package shall be signed by the present members of the district election commission and affixed with the commission’s seal.