Procedure for Establishing the Precinct Election Commission
1. A precinct election commission shall be established by the respective city or rayon in the city, village, settlement territorial election commission, no later than fifteen days prior to the day of voting, consisting of the head, deputy head, the secretary and other members of the commission.
The right to nominate candidates to the precinct election commissions shall be granted to:
1) local organizations of political parties, the establishment of parliamentary factions of which was announced at the first regular session of the Verkhovna Rada of Ukraine of the current convocation;
2) a local organization of a political party that has concluded an agreement on political cooperation in the relevant local elections with an MP group, the formation of which was announced at the session of the Verkhovna Rada of Ukraine no later than January 1 of the year in which the elections take place.
One MP group, the formation of which was announced at the session of the Verkhovna Rada of Ukraine no later than January 1 of the year in which the elections take place, may conclude only one agreement on political cooperation in the relevant local elections with only one political party.
The agreement shall be signed by the head (heads) of the MP group, the formation of which was announced at the session of the Verkhovna Rada of Ukraine not later than January 1 of the year in which the elections take place, and by the chairman of the political party with which it was concluded.
The head (heads) of the MP group, the formation of which was announced at the session of the Verkhovna Rada of Ukraine not later than January 1 of the year in which the elections take place, shall inform the Verkhovna Rada Secretariat on the conclusion of the relevant agreement, not later than ninety-five days before the voting day. It is done by sending a letter with which a copy of the political agreement is sent.
The Secretariat of the Verkhovna Rada of Ukraine shall notify the Central Election Commission of the conclusion of the relevant agreement no later than ninety-one days prior to the day of voting and shall send a copy of the political agreement;
3) local organizations of political parties, candidates for members of Verkhovna Rada of Autonomous Republic of Crimea, oblast, rayon, rayon in the city, city, village, settlement councils (territorial communities with 10,000 or more voters) were registered;
4) candidates for village, settlement, city councils (for territorial communities with less than 10,000 voters);
5) candidates for a village, settlement, or city mayor.
When establishing a precinct election commission, the respective territorial election commission shall determine persons to be included in the respective precinct election commission from among nominees submitted by nominating entities three to five of this paragraph, by way of drawing lots, which shall be conducted in accordance with the procedure specified by Central Election Commission, no later than the eighth day following the expiration of the time period for submission of nominations to such a commission.
As regards, nominees submitted by local organizations of political parties, the establishment of parliamentary factions of which was announced at the first regular session of the Verkhovna Rada of Ukraine of the current convocation, drawing lots shall not be conducted. Nominees from such nominating entities shall be included in each precinct election commission (no more than two persons in the composition of each precinct election commission), under the condition that submissions were filed and found to be in compliance with the requirements established by this Code.
As regards nominees submitted by local organizations of political parties specified in clause two of this paragraph, drawing lots shall not be conducted. Nominees from such nominating entities shall be included in each precinct election commission (no more than one person in the composition of each precinct election commission), under the condition that submissions were filed and found to be in compliance with the requirements established by this Code.
If two or more local organizations of one political party simultaneously submit candidates to the same precinct commission, the composition of such a commission shall include a candidacy from a local organization of a political party of a higher level than other party organizations.
Candidates nominated to the precinct election commission may be rejected only on the grounds of their non-compliance with the requirements of Article 34 of this Code, violation of the requirements of this part and part four of this article by a decision of the territorial election commission or by drawing lots specified by this Part.
A decision to reject nominees [on other grounds] shall not be adopted.
2. Citizens of Ukraine complying with the requirements of Article 34 of this Code may be members of a precinct election commission.
3. A precinct election 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 persons;
3) for large election precincts - 14 - 18 members.
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. A local organization of a political party, the formation of a deputy faction of which was announced at the first regular session of the Verkhovna Rada of Ukraine of the current convocation, and in case of its absence in the structure of the respective political party - regional or republican organization of this political party in the Autonomous Republic of Crimea, submit to the relevant territorial election commission nominations for candidates to the precinct election commissions (not more than two persons to each precinct election commission).
A local organization of a political party that has concluded an agreement on political cooperation in the relevant local elections with an MP group, the formation of which was announced at the session of the Verkhovna Rada of Ukraine no later than January 1 of the year in which the local elections take place, local organization of the party from which candidates are registered for the elections of the Verkhovna Rada of the Autonomous Republic of Crimea, oblast, rayon, rayon in the city, as well as village, settlement, city (territorial community with the number of voters 10 thousand and more) councils, and in case of their absence in the structure of the respective political party - oblast or republican in the Autonomous Republic of Crimea, the organization of this political party, in accordance with the existing administrative-territorial structure, submits to the relevant territorial election commission nominations for candidates to the precinct election commissions (not more than one person to each precinct election commission).
A submission shall be signed by the head of a local party organization and affixed with the seal of the respective local party organization, or the seal of the higher-level organization of a political party, or the seal of the political party.
A candidate for the village, settlement, city councils (for territorial communities with less than 10,000 voters) or a candidate for a village, settlement or city mayor, shall file with the territorial election commission a submission of nominations to the respective precinct election commissions (no more than one person to each precinct election commission), which shall be signed by him or her.
The aforementioned nomination submissions to precinct election commissions shall be filed no later than twenty-four days prior to the day of voting, in a form established by the Central Election Commission.
Nominations for candidates to the precinct election commission may be submitted to the relevant election commission by means of electronic services in accordance with the procedure established by the Central Election Commission.
Nomination submissions to precinct election commissions shall include the information provided for by Part eleven of Article 203 of this Code.
Nomination submissions shall be appended with: a photocopy of each nominee’s passport of a citizen of Ukraine (photocopies of the first and second pages of a passport of a citizen of Ukraine in the form of a passport book, or a photocopy of the front and reverse sides of a passport of a citizen of Ukraine in the form of the card), or a photocopy of the first and second pages of a person’s temporary certificate of a citizen of Ukraine (for persons who have recently been granted Ukrainian citizenship).
Statements of the persons nominated to a precinct election commission, expressing their consent to participate in the work of the election commission on behalf of the respective nominating entity; and if a person is nominated for the position of the head, deputy head, or secretary of the commission, their consent to perform the respective official responsibilities or statements expressing lack of consent to participate in the work of the election commission are submitted to the relevant nominating subjects until the submission of nominations to the relevant election commission to the precinct election commission.
If the relevant election commission identifies the simultaneous submission of one candidate to the precinct election commission from different subjects of nomination, the election commission shall apply to the relevant subjects of submission, the candidate proposed to the precinct election commission, to clarify information and submit an application for consent to participation in the work of the precinct election commission from the relevant subject of submission. If the consent of a person to participate in the work of the precinct election commission from the relevant subject of submission is not confirmed, the relevant election commission shall reject the candidacy of such person.
5. Technical errors or inaccuracies contained in a submission shall not constitute a reason for the rejection of nominees.
6. The head, the deputy head, and the secretary of the precinct election commission shall be representatives of different nominating entities, specified in Part one of this Article.
7. A decision establishing a precinct election commission shall be made public by a territorial election commission that established thereof, in the manner prescribed by this territorial election commission, no later than the next day following the day when a precinct election commission was established. A decision on replacement of members in the composition of a precinct election commission shall be made public pursuant to the procedure and within the time period prescribed by this Part, but no later than on the last day prior to the day of voting.
8. In the event if no nomination submissions to a precinct election commission were filed within the time period prescribed by Part four of this Article, or if nomination submissions to a precinct election commission were filed containing fewer persons than established by Part three of this Article (respectively, less than ten persons for small election precincts; less than 12 persons for medium-sized election precincts; less than 14 persons for large election precincts; and less than four persons for elections precincts with the number of voters under 200 persons), a precinct election commission shall be established within the time period specified in Part one of this Article, by a respective territorial election commission, upon submission of the head of this territorial election commission, having necessarily included in the election commission the representatives from nominating entities specified in Part one of this Article.
If necessary, in order to ensure the proper preparation for and conduct of the election by precinct election commissions, including on the day of voting, a territorial election commission may, at any time prior to the day of voting, increase the composition of a precinct election commission to the maximum number specified by Part three of this Article, upon submission of the head of the respective territorial election commission, in accordance with proposals submitted by the members of this commission.
9. Should the local election be held concurrently with the election of the President of Ukraine, precinct election commissions shall not be formed; their powers shall be exercised by respective precinct election commissions in the election of the President of Ukraine formed at regular election precincts and special election precincts established in inpatient healthcare establishments.
Should the local election be held concurrently with the election of MPs of Ukraine, precinct election commissions shall not be formed; their powers shall be exercised by respective precinct election commissions in the election of MPs of Ukraine formed at regular election precincts and special election precincts established in inpatient healthcare establishments.
Should the local election be held concurrently with an all-Ukrainian referendum, precinct election commissions shall not be formed; their powers shall be exercised by respective precinct referendum commissions.