Protocols of Precinct Election Commission on Vote Counting at the Election Precinct

1. At its meeting, a precinct election commission shall draw up a protocol on vote counting at the election precinct in a form, which the Central Election Commission shall establish no later than twenty-two days prior to the day of voting.

It shall be prohibited to draw up a protocol on vote counting at the election precinct not on the blank precinct election commission protocols provided for in this Part, except the cases provided for by this Code, as well making any amendments thereto without a decision of the respective commission.

The Central Election Commission shall provide for the printing of 50 copies of blank precinct election commission protocols on in-precinct vote counting for each election precinct, in accordance with the procedure specified by Part 17 of Article 36 of this Code.

The procedure for drawing up and the requirements to the protocols of the precinct election commission on the counting of votes at the election precinct shall be established by the Central Election Commission not later than seventy days before the election day.

2. The protocol of a precinct election commission on vote counting at the regular, special election precinct shall contain the following data, entered in numbers:

1) the number of ballot papers received by the precinct election commission or produced thereby upon consent of the Central Election Commission;

2) the number of unused ballot papers invalidated by the precinct election commission;

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

4) the number of voters who received ballot papers;

5) the number of ballot papers that are not subject to counting;

6) the number of voters who took part in the voting at the election precinct;

7) the number of ballot papers declared invalid;

8) the total number of votes of voters who supported regional electoral lists of MP candidates of all parties;

9) the number of votes of voters who supported regional electoral lists of MP candidates from each party;

10) the number of votes of voters who supported each MP candidate included in the regional electoral list of MP candidates from each party;

11) the number of votes of voters who supported the entire regional list of MP candidates from each party without supporting an individual candidate from that list.

The protocol of the precinct election commission on the counting of votes at an out-of-country precinct, shall contain the following information in numbers:

1) the number of ballot papers received by the precinct election commission;

2) the number of unused ballot papers invalidated by the precinct election commission;

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

4) the number of voters who received ballot papers;

5) the number of ballot papers that are not subject to counting;

6) the number of voters who took part in the voting at the election precinct;

7) the number of ballot papers declared invalid;

8) the total number of votes of voters who supported the nationwide electoral lists of all parties;

9) the number of votes of voters who supported the nationwide electoral lists of each party.

3. The protocol on vote counting at the election precinct shall be drawn up by the precinct election commission in four copies. The copies of the protocols shall be numbered and shall have equal legal force.

4. The protocols of the precinct election commission on vote counting at the election precinct shall specify the date and time (hours and minutes) of their signing by the precinct election commission members. Each copy of the protocols shall be signed by the head, deputy head, secretary and other members of the precinct election commission present at the election commission’s meeting. If a member of the commission disagrees with the vote counting results entered in a protocol, that member shall sign the protocol with a note “With dissenting opinion”. A written dissenting opinion shall be attached to the protocol of the precinct election commission on vote counting at the election precinct. Failure or refusal of individual members of the precinct election commission to sign a vote counting protocol at the election precinct shall entail no legal consequences for the validity of the protocol. In the case of absence of the signature of the precinct election commission member in a vote counting protocol at the election precinct, the reasons for the absence of the signature shall be indicated next to his or her last name. Such protocol shall be signed by the precinct election commission members and affixed with the precinct election commission’s seal only after having been fully completed.

5. It shall be prohibited to fill out the protocols of the precinct election commission on vote counting at the election precinct by pencil, or to make any changes thereto without a respective commission decision.

6. If after the signing of the protocols of the precinct election commission on vote counting at the election precinct in the respective election district, the precinct election commission discovers inaccuracies (a slip of the pen or an erroneous number), it shall at the same meeting consider the issue of introducing changes to the protocol by completing a new protocol; such protocol shall be marked “Corrected.” The ballot papers shall not be re-counted. A protocol marked “Corrected” shall be completed in the number of copies specified in Part three of this Article.

7. The first and the second copies of the protocols of the precinct election commission on vote counting at the election precinct and, if available, the respective copies of each protocol with the mark “Corrected” shall be packed into packages with special security features. The inscription “Protocol on vote counting” shall be made on the package, with indication of the number of the territorial district, the number of the election precinct, the date and time of packaging; the package shall be signed by the precinct election commission members present at the election commission’s meeting, and affixed with the election commission’s seal. The third copy of the protocol of the precinct election commission on vote counting at the election precinct shall remain with the secretary of the precinct election commission, while the fourth copy of the aforementioned protocol shall be immediately placed in the premises of the precinct election commission for public review.

8. The precinct election commission members, MP candidates, party’s authorized persons, official observers who were present during the vote counting at the election precinct shall have the right to immediately receive upon their request copies of the protocols on vote counting at the election precinct, certified by the head and the secretary of the precinct election commission and affixed with the election commission’s seal; no more than one copy of each protocol for each member of the election commission, MP candidate, a party’s authorized person and for each official observer.

9. The precinct election commission shall prepare a report, of a form approved by the Central Election Commission, recording the handover of copies of the protocols of the precinct election commission on vote counting. The report shall contain a list of persons who received copies of the respective protocol, the date and time of the receipt of such copies, and the signatures of such persons. The report shall be signed by the head and the secretary of the precinct election commission and affixed with the precinct election commission’s seal. The report shall be packed in the package together with the first and second copies of the protocol of the precinct election commission on vote counting at the election precinct.

10. After the end of the election commission’s meeting, the packages with the protocols of the precinct election commission on vote counting at the election precinct, the ballot papers, counterfoils and items, voter lists, and also written dissenting opinions of the election commission members (if any), reports, applications, complaints, and decisions adopted by the election commission, shall be delivered to the district election commission.

11. In case of use of the automated information-analytical system by the precinct election commission, the secretary of the commission or the responsible person determined by the decision of the precinct election commission shall enter into the automated information-analytical system the information necessary for drawing up the protocol on counting of votes and shall ensure their verification by means of this system.

If the protocol is filled in correctly, the responsible person must:

1) print out four copies of the protocol on the counting of votes at the precinct and hand them over to the head, deputy head, secretary and other members of the precinct election commission for signing and affixing of the precinct election commission’s seal. Information on the counting of votes shall be immediately provided to the MP candidates, their authorized persons, authorized persons of parties, official observers present at the meeting who have the right to sign the first copies of the protocol;

2) after signing the protocol on the counting of votes by all members of the commission present at the meeting, send it to the district election commission and the Central Election Commission by means of an automated information-analytical system.

Copies of the protocol on the counting of votes at the precinct may be made using an automated information-analytical system and shall be, while certified by the secretary of the precinct election commission and affixed with commission’s seal, provided to members of the precinct election commission, MP candidates, their authorized persons, authorized persons of parties, official observers present at the counting of votes at the precinct, at their request, in accordance with Part eight of this Article.