Procedure for Establishing the Precinct Election Commission of a Precinct Election Commission of a Regular or Special Precinct

1. A precinct election commission shall be established by the respective district election commission no later than fifteen days prior to the day of voting and shall consist of the head, deputy head, secretary, and other members of the commission.

2. A precinct election commission shall be formed with the following number of members:

1) for small election precincts - 10-14 members;

2) for medium-sized election precincts - 12-16 members;

3) for large election precincts - 14 - 18 members.

3. At election precincts in which the number of voters does not exceed two hundred persons, a precinct election commission may consist of the head, the secretary and two to four other members.

4. The right to nominate candidates to precinct election commissions shall be granted to the nominating entities specified in Part two of Article 140 of this Code.

5. The precinct election commission of a regular or special election precinct (except the cases provided for by Part twelve of this Article) must include one representative of each nominating entity specified in clause 1 of Part two of Article 140 of this Code that has made the required submission. No more than one representative of each nominating entity specified in clause 2 of Part two of Article140 shall be included in the precinct election commission on the basis of the results of drawing lots, to be conducted by the district election commission no later than on the third day following the day of expiration of the term for filing the submissions specified in Part six of this Article, in accordance with the procedure established by the Central Election Commission. Persons nominated to a precinct election commission may be rejected only on the grounds of their noncompliance with the requirements of Article 34 of this Code, or by a decision of the district election commission when the filing of a submission failed to comply with the requirements of Parts six and seven of this Article, or as a result of the application of the mechanism of drawing lots specified by this Part. The decision to reject the candidates based on the results of the drawing of lots shall not be made.

6. No later than seventeen days prior to the day of voting, a nominating entity wishing to nominate candidates to precinct election commissions shall submit to the respective district election commission, in a format approved by the Central Election Commission, the paper and electronic forms of the list of persons nominated by that entity (no more than one candidate to one election commission) to the respective precinct election commissions. The submission shall indicate the persons suggested by the nominating entity for the positions of the head, deputy head, and secretary of the election commission. The submission from a party shall be signed by the head of the party (or a person acting in his or her capacity) and affixed with the seal of that party.

The submission from the party shall be filed by a person authorized on the basis of a power of attorney issued by the party or by an authorized person of the party in a nationwide or territorial district.

Submissions of nominees to the precinct election commissions may be filed by means of electronic services in accordance with the procedure established by the Central Election Commission.

7. A submission of nominees for precinct election commissions shall contain the information listed in Part five of Article 140 of this Code.

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 entities in the respective elections shall be submitted to the respective political parties – nominating entities before the submission to the district election commission of the nominees to the district election commissions.

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

8. If the submission of nominees to a precinct election commission fails to be filed within the time period prescribed by Part six of this Article, or if the number of persons nominated to the precinct election commission is less than the minimum number established by Parts two and three of this Article, the district election commission shall be obliged to form, within the time period specified by Part one of this Article, a precinct election commission upon a proposal by the head of the district election commission, the number of its members not exceeding the average of the numbers established by Parts two or three of this Article, necessarily having regard to the nominees proposed by the respective nominating entities specified in Part four of this Article. The members of the district election commission shall be entitled to submit proposals for such nominees to the head of the district election commission.

If necessary, in order to ensure the proper preparation and conduct of the election by precinct election commissions, including that on the day of voting, the district election commission may, at any time prior to the day of voting, increase the number of members of the precinct election commission to its maximum established by Parts two and three of this Article, upon a proposal of the head of the respective district election commission on the basis of proposals of the members of this election commission.

9. Technical errors or inaccuracies contained in a submission shall not constitute a reason for the rejection of nominees.

10. 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 precinct election commission shall contain information on the basis of copies of passport documents. Each entity that nominates candidates to precinct election shall have the right to a proportional share of each category of managerial positions in precinct election commissions, separately for small, medium-size and large election precincts within the territorial district, which depends on the number of nominees from the respective nominating entity included in precinct election commissions. The share of managerial positions for each entity nominating candidates to each type of election commissions within the territorial district shall be determined on the basis of the proportion of a number of nominees included from this nominating entity in election commissions of each type of election precincts, in relation to the total number of members included in the election commissions of the respective type of election precincts. A person appointed to a precinct election commission upon proposal of the head of the district 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 have been submitted. 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.

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 precinct election commissions. In case a precinct 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 precinct election commission and failure by the nominating entity from which the person was included in the precinct 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 precinct election commission without respecting the right of the nominating entity to a proportional share of each category of managerial positions.

11. The head, deputy head, and secretary of a precinct election commission shall represent different political parties, except for a case specified in Part ten of this Article.

12. A precinct election commission of a special election precinct established on a ship which on the day of voting will be sailing under the National Flag of Ukraine, or at Ukraine’s polar station, shall be established by the district election commission according to the place of registration of such a ship or Ukraine’s polar station upon a submission, respectively, of the ship’s captain or Ukraine’ polar station’s head, which can be sent via technical means of communication within the time period prescribed by Part six of this Article.

13. In the event of formation of a special election precinct in an exceptional case, in accordance with Part five of Article 30 of this Code, a precinct election commission shall be established by the Central Election Commission simultaneously with the creation of an election precinct upon a submission of the district election commission or the Ministry of Defense of Ukraine.

14. If a district election commission makes a submission to the Central Election Commission seeking to establish a special election precinct in an exceptional case, it shall notify all entities eligible to nominate members to precinct election commissions and invite them to file submissions concerning nominations to the precinct election commission under the procedure established by this Article and within the terms prescribed by the district election commission, but no later than five days following the day of such notification.

15. A decision establishing a precinct election commission shall be published in the manner prescribed by the respective election commission or the Central Election Commission no later than on the fifth day following the day when such a decision was adopted. A decision establishing the precinct election commission of a special election precinct established in an exceptional case, or a decision changing the composition of a precinct election commission shall be published or made public pursuant to the procedure and within the terms prescribed by this Part, but no later than on the last day prior to the day of voting.