Procedure for Vote Counting at an Election Precinct

1. The final meeting of a precinct election commission shall take place immediately after the end of voting at the election precinct and shall be held on the same premises where the voting was held. The final meeting of a precinct election commission shall continue without interruption and shall end when the vote counting protocols of the election precinct have been drawn up and signed.

2. When the election of the MPs occurs simultaneously with local elections or a referendum, the counting of votes cast in local elections or a referendum shall take place after the vote counting protocols for the election of MPs at the election precinct have been drafted and signed pursuant to the established procedure at the same meeting of the precinct election commission.

The packages with the protocols and other election documents relating to the election of MPs 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 178 of this Code, immediately after the respective protocols on all other elections have been signed.

3. At its final meeting, a precinct election commission shall, by its decision, assign the keeping of the minutes 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 protocol on vote counting at the election precinct.

4. In the event if during the conduct of the voting, a precinct election commission received addresses relating to violations that occurred during the conduct of the voting at an election precinct, a precinct election commission shall consider them at the beginning of its meeting, prior to the vote counting at the election precinct.

5. Vote counting at an election precinct shall be conducted openly and transparently, exclusively by members of the precinct election commission. Vote counting at the election precinct shall be performed in accordance with the sequence specified in the provisions of this Article and in the manner prescribed by the Central Election Commission.

6. A precinct election commission shall pack the processed election documents in paper packages. A package with election documents shall be sealed, and an inscription shall be made on a package, with indication of the number and type of the packaged documents, as well as the number of the territorial district, or indication that the election district is an out-of-country election district, the number of an election precinct, the number of packaged election documents, the date and time of packaging, as well as signed by the precinct election commission members present and affixed with the commission’s seal.

7. Each member of the precinct election commission, responsible for the work with the voter lists, shall count and put on each sheet of the voter lists received by him or her the following information (separately for each sheet of the voter lists):

1) the number of voters included in the voter list at the election precinct (as of the end of voting);

2) the number of voters who received ballot papers (based on the voters’ signatures and marks "voted at the place of residence" in the voter list).

8. A voter list at the election precinct, after the end of voting, in the event if any additions have been made thereto, shall be closed by crossing out empty fields in the voter lists so as to make the addition of additional voters to the voter list impossible, and shall be signed by the head and secretary of the precinct election commission and affixed with the commission’s seal.

9. A precinct election commission shall, on the basis of a voter list (comparing the voter list and an excerpt from the voter list), establish the number of voters at the election precinct. This number shall be announced and entered by the secretary of the election commission (the secretary of the meeting) in the protocol on vote counting at an election precinct.

10. 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 spoilt, while the voters were filling them out, and returned to the precinct election commission members who issued them, shall be packed. 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.

11. 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.

12. 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.

13. If there is no mismatch between the number of counterfoils specified in Part twelve of this Article, and the number indicated in Part eleven 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.

If there is a discrepancy between the number of counterfoils specified in Part twelve of this Article, and the number specified in Part eleven of this Article, 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 signatures shall be affixed with the election commission’s seal. The aforementioned report may be signed by the candidates present, the party’s authorized representatives, and official observers. 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.

14. The voter list, along with the excerpt from the voter list created pursuant to Parts two and three of Article 174 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, the 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.

15. 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.

16. 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 MP candidates, party’s authorized persons, or official observers present. The signatures shall be affixed with the commission’s seal.

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

18. 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 signatures shall be affixed with the commission’s seal. The aforementioned report may be signed by MP candidates, party’s authorized persons, or official observers present.

19. 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 outside the voting premises; 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).

20. 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.

21. 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.

22. 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 Part six of Article 37 of this Code, 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.

23. 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 precinct election commission shall draw up a report in accordance with the procedure specified by Part six of Article 37 of this Code 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.

24. 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.

25. 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.

26. 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 inscription “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.

27. 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 also be 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.

28. 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.

29. 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 169 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) if marks have been placed next to full names of several parties;

4) no mark has been placed next to the full name of the party;

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 with regard to his or her support of the electoral list of a certain party for any other reason.

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 this Part, 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.

30. 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.

31. The precinct election commission of regular or special election precinct shall count the number of votes cast for regional electoral lists, and the precinct election commission of the out-of-country precinct – the number of votes cast for nationwide electoral list of the party in an out-of-country district. During the vote counting each member of the commission shall be allowed to examine or re-count the respective ballot papers. The results of counting votes of voters who received regional electoral lists of each party (who supported the nationwide electoral list of the party in an out-of-country district) and all parties 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.

32. 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 at the election precinct and ballot papers with votes cast for regional electoral lists of all political parties (who supported the nationwide electoral list of all parties in an out-of-country district). In case of data discrepancy, the precinct election commission shall draw up the report, stating the reason for such discrepancy established by the commission’s decision, which shall be signed by the precinct election commission members present. The signatures shall be affixed with the election commission’s seal. The aforementioned report may be signed by the MP candidates present, party’s authorized persons, and official observers.

The provisions of Parts thirty-three to thirty-eight of this Article shall not apply when counting the votes at an out-of-country precincts.

At an out-of-country precinct, ballots with the votes of voters who supported the party's national electoral list in an out-of-country precinct shall be packed in a package. The package shall have the inscription that the election precinct is an out-of-country one, stating the number of the out-of-country precinct, the name of the party, the number of packed ballots, the date and time of packing, signed by the present members of the precinct commission, and affixed with the commission’s seal.

33. A precinct election commission shall, one by one, process the ballot papers with votes of the voters who supported the regional electoral list of the respective political party, in order to establish the number of votes cast in support of each MP candidate included in such electoral list. With this purpose, the ballot papers with votes of the voters who supported the regional electoral list of the respective political party shall be put in places marked by special plates containing, on both sides, the ordinal numbers of MP candidate in accordance with the regional electoral list of MP candidates from this party, as well the inscription “Supported the entire list”.

34. A precinct election commission shall count the number of voters who supported each of the MP candidates included in the regional electoral list of the respective party, as well as the number of votes of voters who supported the entire regional electoral list of MP candidates from the respective party, without supporting an individual candidate from that list. During the vote counting, each member of the precinct election commission shall be entitled to check or re-count the relevant ballot papers.

If the election commission members have doubts as to the content of a ballot paper, the election commission shall resolve the doubts by voting. Before the 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. The results of the voting shall be recorded in the minutes of the precinct election commission meeting.

35. The results of counting votes in the form of the number of votes of voters who supported each individual candidate included in the regional electoral list of the respective party, and the number of votes of voters who supported the entire regional electoral list of the respective party without supporting an individual candidate shall be announced by the head of the election commission and entered by the secretary of the election commission in the protocol of the vote counting at the election precinct.

36. After the work with the ballot papers with votes of voters who supported the regional electoral list of the respective party, a precinct election commission shall be obliged to check whether the number of the votes of voters who supported the regional electoral list of this party is equal to the sum of the number of voters who supported each of the MP candidates included in the regional electoral list of this party and the number of votes of voters who supported the entire regional electoral list of this party, without supporting a particular MP candidate. In the case of discrepancy of those data, a precinct election commission may re-count the ballot papers. If the specified discrepancy is confirmed, a precinct election commission shall draw up a report thereon in a form established by the Central Election Commission, stating the reason for such discrepancy, established by a decision of the precinct election commission.

37. Ballot papers with the votes cast for each of the MP candidates included in the regional electoral list of each party shall be packed into packages. The following information shall be indicated on the package: the number of the territorial district, the number of election precinct, the name of the party, the last name of an MP candidate and his or her ordinal number in the regional electoral list of the party, the number of packaged 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.

38. Ballot papers with the votes cast for the entire regional electoral list from the party, without supporting a particular MP candidate shall be packed into the package. The following information shall be indicated on the package: the number of the territorial district, the number of election precinct, the name of the respective party, the number of packaged 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.

39. Packages with ballot papers specified in Parts 37 and 38 of this Article, containing the votes of voters who supported the regional electoral list (nationwide electoral list in an out-of-country district) of each party shall be packed in one paper package. The following information shall be indicated on each package: the number of the territorial district or indication that this election district is an out-of-country election district, the number of election precinct, the name of the respective party, the number of packaged 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.