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Article 140
 

Establishing a District Election Commission


1. A district election commission shall be established by the Central Election Commission no later than twenty-eight days prior to the day of voting and shall consist of the head, the deputy head, the secretary, and other commission members, consisting of no less than twelve and no more than eighteen persons.


2. The following entities (hereinafter, nominating entities) may nominate candidates for membership in district election commissions:


1) any political party whose parliamentary faction is registered with the Apparatus of the Verkhovna Rada of Ukraine of current convocation;


2) political parties that are electoral subjects, MP candidates from which were registered in the nationwide election district.


3. A district election commission shall necessarily include two representatives from each nominating entity specified in clause 1 of Part two of this Article (if they have made the required submission). Any remaining seats on the district election commission shall be filled by no more than one representative from the nominating entities specified in clause 2 of Part two of this Article, selected based on the result of drawing of lots by the Central Election Commission in accordance with procedures established thereby, no later than three days following the day of expiration of the time for filing the submissions specified in Part four of this Article.


Persons nominated to a district election commission may be rejected only on the grounds of their noncompliance with the requirements of Article 34 of this Code, violation of the requirements set forth in Parts four – six of this Article by way of decision of the Central Election Commission, or as a result of application of the mechanism of drawing of lots specified by this Part. The decision to reject candidates based on the results of the drawing of lots shall not be made.


4. No later than thirty-three days prior to the day of voting, the central governing body of a nominating entity shall submit to the Central Election Commission, in accordance with the format approved by the Central Election Commission, the paper and electronic forms of the list of persons that it wishes to nominate to the respective district election commissions. Each submission shall be signed by the head of the nominating entity (or by a person acting in his or her capacity) and affixed with the seal of the respective nominating entity.
Submissions of nominees to the district election commissions may be filed to the Central Election Commission by means of electronic services in accordance with the procedure established by the Central Election Commission.


5. Nomination submissions to district election commissions shall include the following information on each nominee:


1) last name, first name (all first names), patronymic name (if any);


2) date, month, year of birth;


3) citizenship;


4) place and address of residence, as well as contact phone numbers;


5) command the state language;


6) educational attainment;


7) place of employment and occupied position;


8) election commission experience;


9) information on whether the nominee has no criminal record for committing a grave or especially grave crime or a crime against citizens’ electoral rights or a corruption crime, or a crime against the foundations of the national security of Ukraine provided by Article 1111 of the Criminal Code of Ukraine, which has not been cleared or cancelled pursuant to the procedure established by law.


6. The submission shall be appended with copies of each of the nominees’ passport of a citizen of Ukraine (copies of the first and second pages of the passport of a citizen of Ukraine in the form of a passport book or copies of the front and reverse side of a passport of a citizen of Ukraine in the form of a card), or copies of the first and second pages of a temporary certificate of a citizen of Ukraine (for persons who were recently granted a citizenship of Ukraine).


Statements of the persons nominated to a district election commission, expressing their consent to participate in the commission’s work on behalf of the respective nominating entity, and consent to perform the respective official responsibilities of the head, deputy head, or secretary of the commission, and expressing non-consent to participate in the work of the election commission on behalf of other nominating in the respective elections shall be submitted to the respective political parties – nominating entities before the submission to the Central Election Commission of the nominees to the district election commissions.


If the Central Election Commission finds a simultaneous nomination of one candidate to the district election commission from different nominating entities, the Commission shall address the respective nominating entities, and the candidate nominated to the district election commission, requesting to clarify information and submit a statement of consent to participate in the work of the district election commission on behalf of a respective nominating entity. In case a person's consent to participate in the work of the district election commission from the relevant nominating entity is not confirmed, the Central Election Commission shall reject the candidacy of such person.


7. Technical errors or inaccuracies contained in a submission shall not constitute a reason for the rejection of nominees.
When technical errors or inaccuracies are found with respect to last name, first name and patronymic name of the person, date of his or her birth - the resolution establishing the district election commission shall contain information on the basis of copies of passport documents.


8. If the submission of nominees to a district election commission fails to be filed within the time period prescribed by Part four of this Article, or if the number of persons nominated to the district election commission is less than twelve, the Central Election Commission shall form a district election commission within the time period specified by Part one of this Article, consisting of twelve members of the district election commission, nominated upon proposal submitted by the Head of the Central Election Commission, submitted in compliance with the requirements provided for by Article 34 of this Code, in accordance with the proposals submitted by the members of the Central Election Commission, necessarily having regard to the nominees proposed by the respective nominating entities specified in Part two of this Article.


9. Each entity that nominates candidates to district election commission shall have the right to a proportional share of each category of managerial positions in district election commissions. The share of managerial positions for each entity nominating candidates to district election commissions within the nationwide election district shall be determined on the basis of the proportion of a number of nominees included from this nominating entity in a district election commission, in relation to the total number of members included in the district election commission. A person appointed to a district election commission upon proposal of the Head of the Central Election Commission cannot be appointed to a managerial position in that election commission, unless no submissions, or less than the required number of submissions from entities nominating candidates to the commission. Managerial positions shall be distributed between the nominating entities based on the shares determined in accordance with this Part of this Article according to procedures established by the Central Election Commission. Such procedures shall provide for approximate evenness of the territorial distribution of the positions received by each nominating entity.


The provisions of this Part concerning the right to a proportional share of each category of managerial positions shall apply only with regard to the initial formation of district election commissions. In case a district election commission is formed as a result of early termination of the powers of its previous composition, the provisions of this Part shall not apply.


In case of early termination of powers of the head, deputy head, secretary of the district election commission and failure by the nominating entity from which the person was included in the district election commission to submit other candidates for replacement no later than on the next day after the day of receipt of the notice on the grounds for termination of their powers, but not later than on the last day before the day of voting, another member of this commission shall be appointed to the respective position of the head, deputy head, and secretary of the district election commission without respecting the right of the nominating entity to a proportional share of each category of managerial positions.


10. The head, deputy head, and secretary of a district election commission shall represent different political parties.


11. The Central Election Commission shall make public its decision on the establishment and composition of the district election commissions, made in accordance with this Code, on the official website of the Central Election Commission no later than on the day following the day on which the decision was adopted. A decision on changes in the composition of a district election commission shall be published pursuant to the procedure and within the terms provided for by this Part, but in any case, no later than on the last day prior to the day of voting.