Repeat Voting

1. Repeat voting shall be called by the Central Election Commission for the third Sunday following the day of voting.

2. Two candidates for the President of Ukraine, who, according to the results of voting on the day of election, received the highest number of votes, shall be included on the ballot for repeat voting.

3. If one of the candidates included on the ballot for repeat voting has withdrawn his or her candidacy by filing a written application thereon with the Central Election Commission, and if the Central Election Commission has adopted a decision on cancellation of the registration of the candidate included on the ballot for repeat voting, the Central Election Commission shall immediately adopt a decision to include a candidate, who is next on the list by the number of votes received on the day of voting in the election, on the ballot for repeat voting.

4. If a candidate has filed a written application with the Central Election Commission on refusal to stand in the election , and if the Central Election Commission has adopted a decision on cancellation of the registration of the candidate included on the ballot for repeat voting, after the expiration of the time period specified in Part three of this Article, or if for other reasons there are no candidates who can be included on the ballot for repeat voting instead of the one who has withdrawn, the repeat voting shall be held with regard to one candidate only.

If the Central Election Commission decides to hold the repeat voting, the status of candidates for the post of President of Ukraine, authorized representatives of candidates for the post of President of Ukraine in the Central Election Commission, authorized persons of candidates for the post of President of Ukraine in the nationwide district and territorial districts, official observers from parties that have nominated candidates for the post of President of Ukraine, official observers from candidates for the post President of Ukraine shall be retained only by candidates for the post of President of Ukraine, included in the ballot paper for repeat voting, by their authorized representatives in the Central Election Commission, authorized persons of these candidates in the nationwide district and territorial districts, official observers from parties that have nominated these candidates, official observers from these candidates, official observers from nongovernmental organizations, foreign states and international organizations that were registered (accredited) before the day of the election of the President of Ukraine and continue to exercise the powers provided by this Code during the preparation, organization and voting in repeat voting of the President of Ukraine until the results of the election of the President of Ukraine are officially published.

5. In order to hold the repeat voting in the election of the President of Ukraine, the Central Election Commission shall, no later than ten days prior to the day of repeat voting, based on submissions from candidates for the President of Ukraine, included on the ballot for repeat voting, form a new composition of district election commissions consisting of 14 persons, seven persons being nominated by each of the candidates included on the ballot for repeat voting.

6. Candidates for the President of Ukraine, included on the ballot for repeat voting, shall, no later than twelve days prior to the day of repeat voting, file with the Central Election Commission a submission of a list of persons that they wish to nominate to the district election commissions in a form established by the Central Election Commission.

7. When distributing managerial positions in the district election commissions, the Central Election Commission shall provide an equal number of positions of the head and the secretary of the district election commission for each candidate for President of Ukraine (with possible deviation from the equal quantity by no more than one position, respectively, of the head or the secretary of the commission). The head and the secretary of a district election commission shall not be representatives of one and the same candidate for President of Ukraine. Deputy head of the district election commission shall not be appointed.

8. No later than five days prior to the day of repeat voting, a district election commission shall, based on submissions from candidates for the President of Ukraine included on the ballot for repeat voting, form a new composition of the precinct election commissions in the number of:

1) 16 persons for large election precincts (eight persons from each candidate for President of Ukraine included on the ballot for repeat voting);

2) 14 persons for medium-sized election precincts (seven persons from each candidate for President of Ukraine included on the ballot for repeat voting);

3) 12 persons for small election precincts (six persons from each candidate for President of Ukraine included on the ballot for repeat voting).

At election precincts in which the number of voters does not exceed fifty persons, a precinct election commission may consist of four persons (two persons from each candidate for President of Ukraine included on the ballot for repeat voting).

9. No later than eight days prior to the day of repeat voting, a candidate for President of Ukraine included on the ballot for repeat voting, or his or her authorized persons in the respective territorial districts, shall file with the district election commission a submission with a list of persons that he or she wishes to nominate to the precinct election commissions, according to the form established by the Central Election Commission.

10. In the event if the number of persons nominated to the respective election commissions is less than the number established by this Code, the respective election commission shall be formed in accordance with the procedure established by Part twelve of this Article.

11. When distributing managerial positions in the precinct election commissions, the district election commission shall provide an equal number of positions of the head and the secretary of the precinct election commission for each candidate for President of Ukraine (with possible deviation from the equal quantity by no more than one position, respectively, of the head or the secretary of the commission). The head and the secretary of a precinct election commission shall not be representatives of one and the same candidate for President of Ukraine. Deputy head of the district election commission shall not be appointed.

12. If a candidate for President of Ukraine did not use the possibility to submit the required number of nominees to the respective district election commission within the time period provided for by Part six of this Article, the Central Election Commission shall form a district election commission consisting of the number of persons specified in Part five of this Article, based on the submission of the Head of the Central Election Commission in accordance with the proposals from the members of the Central Election Commission.

If a candidate for President of Ukraine did not use the possibility to submit the required number of nominees to the respective precinct election commission within the time period provided for by Part nine of this Article, the district election commission shall form a precinct election commission consisting of the number of persons specified in Part eight of this Article, based on the submission of the head of the respective district election commission in accordance with the proposals from the members of the district election commission.

13. The office of the election commission formed for the conduct of the repeat voting, as well as the office of an individual member of such a commission shall be terminated in accordance with the procedure established by this Code.

14. To conduct the repeat voting, the State Voter Register maintenance bodies shall hand over the voter lists to election commissions, no later than two days prior to the day of repeat voting pursuant to the procedure provided for by this Code.

The procedure for drawing up a voter list for repeat voting, as well as the form of such a list, shall be established by the Central Election Commission.

Voter lists for repeat voting at special election precincts (except the election precincts established in penitentiary institutions) shall be printed by the respective election commissions no later than two days prior to the day of repeat voting, based on the information submitted by the heads of the respective establishments, institutions, captains of ships, commanders of military units (commands), in which such election precincts are established.

A voter list for repeat voting shall include the citizens of Ukraine who have reached or, as of the day of voting, will have reached eighteen years of age.

The State Voter Register maintenance body shall hand over personal invitations for voters to the respective precinct election commissions at the regular election precincts immediately after the establishment thereof, but no later than five days prior to the day of repeat voting.

No later than three days prior to the day of repeat voting, a precinct election commission shall send or deliver in another manner a personal invitation to each voter.

15. The voting, vote counting and establishing the results of voting in the event of repeat voting shall be conducted in accordance with the procedure specified by Articles 117-125 of this Code.

16. The voting of voters at the out-of-country election precincts shall be organized and conducted by the precinct election commissions having the same composition as the one that was present on the day of voting. In the event of withdrawal of individual members from the said election commissions, new persons may be included in the commission at the request of the Ministry of Foreign Affairs of Ukraine to replace the ones that have withdrawn.

17. Based on the protocols of the district election commissions on the results of the repeat voting within the respective territorial election districts, protocol on the results of voting within the out-of-country election district the Central Election Commission shall, at its meeting, no later than on the tenth day following the day of repeat voting, establish and promulgate the results of repeat voting in the election of the President of Ukraine, drawing a protocol thereon.

18. If two candidates are included on the ballot for repeat voting, a candidate, having received more votes of the voters who took part in the voting, than another candidate, based on the results of repeat voting, shall be deemed the President of Ukraine elected based on the results of repeat voting.

19. If only one candidate is included on the ballot for repeat voting, a candidate shall be deemed elected the President of Ukraine, if he or she received more than half of votes of the voters who took part in the voting.

20. If as a result of repeat voting both candidates standing in the election have received the same number of votes of the voters, or if the voting was held with regard to one candidate only, and he or she did not receive more than half of votes of the voters who took part in the voting, the Central Election Commission shall declare the election of the President of Ukraine invalid.