Procedure for Vote Counting at an Election Precinct

1. Vote counting at an election precinct shall be conducted openly and transparently, by members of the precinct election commission at its meeting, which shall be held on the premises where the voting took place.

At its final meeting, a precinct election commission shall, by its decision, assign the keeping of the minutes, accordingly, to the deputy head of the precinct election commission or to some other member of the precinct election commission. At that meeting, the secretary of the precinct election commission shall enter data in the protocols on vote counting at the election precinct.

When the election of the President of Ukraine occurs simultaneously with local elections, the counting of votes cast in such elections shall take place after the vote counting protocols for the election of the President of Ukraine have been drafted and signed pursuant to the established procedure at the same meeting of the precinct election commission. While the final meeting of a precinct election commission is underway, the packages with the protocols and other election documents relating to the election of the President of Ukraine shall remain in the premises where the meeting is being held, within plain view of the precinct election commission members and other persons present at the commission meeting. Packages with the election documents shall be transported to the district election commission, pursuant to the procedure established by Article 123 of this Code, immediately after the respective protocols on all other elections have been signed.

2. The meeting of a precinct election commission shall take place immediately after the end of voting at the election precinct, shall continue without interruption and shall end when the vote counting protocols of the election precinct have been drawn up and signed.

3. If during the voting the precinct election commission received complaints about violations that took place during the voting at the precinct, the precinct election commission shall consider them at the beginning of its meeting, prior to the counting of votes at the precinct.

4. The vote counting at an election precinct shall be performed by the precinct election commission according to the sequence of provisions of this Article under the procedure specified by Central Election Commission.

5. Each member of the precinct election commission who is responsible for working with the voter list shall count and enter the following information on each sheet of the voter list received (for each sheet separately):

1) the number of voters at the precinct included in the voter list;

2) the number of voters who received ballots (signed by voters and marked "voted at the place of residence" in the voter list);

6. A precinct election commission shall, on the basis of a voter list, establish the number of voters at the election precinct that shall be announced and entered by the secretary of the election commission in the protocol on vote counting at an election precinct.

7. A precinct election commission shall count unused ballot papers. The number of such ballot papers shall be announced and entered by the secretary of the commission in the protocol on the vote counting at the election precinct. The unused ballot papers shall be invalidated by cutting off the bottom right corner of the ballot papers. The invalidated unused ballot papers, together with the ballot papers indicated in Part eight of Article 118 of this Code (spoiled ballot papers), shall be packed in separate packages. The inscription “Unused ballot papers” shall be made on the packages, with indication of the number of the territorial district, or indication that the election district is an out-of-country election district, as well as the number of election precinct, number of packaged ballots, date and time of packaging; the package shall be signed by the precinct election commission members present and affixed with the precinct election commission’s seal.

8. A precinct election commission shall count the number of voters who received ballot papers, based on the voters’ signatures in the voter list and marks “voted at the place of stay” in the voter list. That number shall be announced.

9. A precinct election commission shall sum up the number of counterfoils of the ballot papers with signatures of voters and election commission members who issued them. The number of such counterfoils shall be announced.

10. If there is no mismatch between the number of counterfoils specified in Part nine of this Article, and the number indicated in Part eight of this Article, the secretary of the election commission shall announce this number and enter this number in the protocol on vote counting at the election precinct as the number of voters who received ballot papers at the election precinct.

11. If there is a discrepancy between the number of counterfoils specified in Part nine of this Article, and the number of signatures of voters who received ballot papers, the precinct election commission shall write a report thereon, stating the reason for such discrepancy established by the commission’s decision, which shall be signed by the precinct election commission members present. The aforementioned report may be signed by the candidates present, their authorized persons, and official observers. The signatures shall be affixed with the election commission’s seal. After that, the election commission shall take a decision establishing the number of voters who received the ballot papers. That number shall be announced and entered in the vote counting protocols of the election precinct.

12. The voter list, along with the excerpt from the voter list created pursuant to Part three of Article 119 of this Code; the applications of voters based on which the excerpt was compiled; court judgements on making changes to the voter list; notifications from the State Voter Register maintenance body shall be packed in one package. The inscription “Voter List” shall be made on the package, with indication of the number of the territorial district, or indication that the election district is an out-of-country election district, as well as the number of election precinct, date and time of packaging; the package shall be signed by the precinct election commission members present and affixed with the precinct election commission’s seal.

13. The counterfoils of the issued ballot papers shall be packed. The inscription “Counterfoils of ballot papers” shall be made on the packages, with indication of the number of the territorial district or indication that the election district is an out-of-country election district, as well as the number of the election precinct, the number of packed counterfoils, the date and time of packaging; the package shall be signed by the precinct election commission members present and affixed with the commission’s seal.

14. The precinct election commission shall check if the number of unused ballots and the number of voters that received ballot papers are equal to the number of ballot papers received by the precinct election commission. In the event of discrepancy between those numbers, the precinct election commission shall draw up a report thereon, stating the reason for such discrepancy established by the commission’s decision, which shall be signed by the precinct election commission members present. The aforementioned report may be signed by the candidates, candidates’ authorized persons, or official observers present. The signatures shall be affixed with the commission’s seal.

15. The precinct election commission shall check the integrity of the sealing tape or seal on each ballot box.

16. If the precinct election commission discovers damage to the tape or seal, or any other damage that indicates that the integrity of ballot box has been violated, the precinct election commission shall write a report thereon, stating the nature of the discovered damage, which shall be signed by the precinct election commission members present. The aforementioned report may be signed by the candidates, candidates’ authorized persons, or official observers present. The signatures shall be affixed with the commission’s seal.

17. The precinct election commission shall open the ballot boxes one by one. The first ballot boxes to be opened shall be the mobile ones that were used for voting at voters’ place of stay; and the last ballot boxes to be opened shall be the ones with damaged seals or sealing tape or with other damage revealed during the voting (if there are any such boxes).

18. When an undamaged ballot box is opened, its contents shall be emptied on the table at which the precinct election commission members are sitting. The presence of a control sheet in the ballot box (or, in case of a mobile ballot box, of the control sheets) shall also be checked.

19. The ballot papers from a damaged ballot box shall be taken out one by one without mixing them. The precinct election commission shall count the numbers of ballot papers contained in such ballot box, and check the presence of a control sheet, which shall be taken out of the ballot box last.

20. If there is no control sheet in the ballot box, the precinct election commission shall draw up a report on the absence of the control sheet in the ballot box in accordance with the procedure specified by this Article, in which the number of ballot papers contained in the ballot box shall be indicated. The aforementioned ballot papers shall not be subject to counting during the establishment of the total number of voters who took part in the voting and in the vote counting.

21. If there are more ballot papers in the mobile ballot box than the number of voters included in the excerpt from the voter list in the election precinct, the district election commission shall draw up a report in accordance with the procedure specified by this Article on such a discrepancy, in which the number of ballot papers contained in this ballot box shall be indicated. The aforementioned ballot papers shall not be subject to counting during the establishment of the total number of voters who took part in the voting and in the vote counting.

22. If the members of the commission have doubts as to the authenticity of a control sheet, or in other doubtful situations, the precinct election commission shall adopt, by voting, a decision recognizing the ballot papers contained in the ballot box as ones that shall not be subject to counting during the establishment of the total number of voters who took part in the voting and in the vote counting.

23. If the numbers of the territorial district or the election precinct indicated on the ballot paper do not correspond to the numbers of the territorial district or the election precinct, at which the vote counting is being performed, the ballot paper shall not be subject to counting during the establishment of the total number of voters who took part in the voting and in the vote counting.

24. The ballot papers that are not to be counted when establishing the total number of voters who took part in the voting and when counting votes, shall be packed in a separate package. The inscriptions “Ballot papers not subject to counting” shall be made on the package, with indication of the number of the territorial district or indication that the election district is an out-of-country election district, as well as the number of the election precinct, the number of packed ballot papers, the date and time of packaging; the package shall be signed by the precinct election commission members present and affixed with the commission’s seal.

25. The election commission shall count the total number of the ballot papers, except for ballot papers not subject to counting. When counting ballot papers, a member of the precinct election commission, appointed by a decision of the commission, shall count the ballot papers aloud. All items found in the ballot boxes other than the ballot papers of the approved form shall be placed separately and not counted. In case of doubt as to whether an item is a ballot paper, the precinct election commission shall adopt a decision thereon by voting. Each member of the election commission shall have the right to personally examine such items. The counting of ballot papers shall be suspended while such items are being examined. Any items that are not deemed to be ballot papers shall be packed in one package. Control sheets shall be also deemed as such items. The inscription “Items” shall be made on the package, with indication of the number of the territorial district or indication that the election district is an out-of-country election district, as well as the number of the election precinct, the number of packed ballot papers, the date and time of packaging; the package shall be signed by the precinct election commission members present and affixed with the commission’s seal. The number established as a result of the above shall be considered the number of voters that took part in the voting. The secretary of the election commission shall announce this number and enter it into the protocol on vote counting at the election precinct.

26. The ballot papers shall be put on the places marked with special plates bearing on both sides the last names and initials of candidates or the inscription “Invalid ballot papers”. When sorting out the ballot papers, a precinct election commission member selected by the commission shall show each ballot paper to all the election commission members, announcing the result of the expression of the voter’s will. If the election commission members have doubts as to the content of a ballot paper, the election commission shall resolve the doubts by voting. Each member of the election commission shall have the right to personally examine the ballot paper. For the time of examination of the ballot paper, the work with the other ballot papers shall be suspended.

27. A ballot paper shall be deemed invalid if:

1) it bears no seal of the respective precinct election commission;

2) it has not been amended as required by Part seven of Article 114 of this Code, or it has been amended without a decision by the Central Election Commission or amended in a way that fails to comply with the decision of the Central Election Commission;

3) more than one mark has been placed next to the names of the parties or to the last names of candidates;

4) no mark has been placed;

5) the counterfoil of the ballot paper has not been separated therefrom;

6) it is impossible to identify the result of the expression of the voter’s will for any other reason.

28. If any members of the election commission have doubts about the validity of a ballot paper in the case provided for by clause six of Part twenty-seven of this Article, the precinct election commission shall resolve the doubts by voting. Each member of the election commission shall be allowed to personally examine the ballot paper in question. During the examination of the ballot paper, the counting of other ballot papers shall be suspended.

29. Invalid ballot papers shall be counted separately. The secretary of the election commission shall announce this number and enter it into the protocol on vote counting at the election precinct. The invalid ballot papers shall be packed together. The inscription “Invalid ballot papers” shall be made on the package, with indication of the number of the territorial district or indication that the election district is an out-of-country election district, as well as the number of the election precinct, the number of packed ballot papers, the date and time of packaging; the package shall be signed by the precinct election commission members present and affixed with the commission’s seal.

30. The precinct election commission shall separately count the number of votes cast for each candidate for President of Ukraine. During the vote counting each member of the commission shall be allowed to examine or re-count the respective ballot papers. The vote counting results at the election precinct shall be announced and entered, respectively, in the protocol on vote counting at the election precinct by the secretary of the election commission.

31. When counting votes at an election precinct, the precinct election commission shall check whether the number of voters who took part in the voting at the precinct is equal to the sum of the numbers of invalid ballot papers and ballot papers with votes cast for each of the candidates. In case of data discrepancy, the election commission shall draw up the report thereon, stating the reason for such discrepancy established by the commission’s decision, which shall be signed by the precinct election commission members present. The aforementioned report may be signed by the candidates present, their authorized persons, and official observers. The signatures shall be affixed with the election commission’s seal.

32. Ballot papers with the votes cast for each of the candidates for the President of Ukraine shall be packed separately. The last name and initials of the respective candidate, the number of the territorial district or indication that the election district is an out-of-country election district, as well as the number of the election precinct, the number of packed ballot papers, the date and time of packaging shall be inscribed on the packages; the package shall be signed by the precinct election commission members present and affixed with the commission’s seal.