Procedure for Printing Ballot Papers and the Transfer of Ballot Papers to the Election Commissions

1. The territorial election commission shall provide for the production of ballot papers for voting in the local election, pursuant to an agreement that shall be concluded between the territorial election commission and printing enterprises, respectively:

1) the election commission of the Autonomous Republic of Crimea, oblast, city (city with rayon division) election commission - not later than ten days before the day of voting and receives the prepared ballots not later than nine days before the day of voting in the packaging of the manufacturer on the basis of the act of acceptance-transfer according to the form established by the Central Election Commission;

2) rayon, city (cities without rayon division), rayon in the city (in cities where district councils are formed in the city) election commission - not later than seven days before the voting day and receives the prepared ballot papers not later than six days by the day of voting in the packaging of the manufacturer on the basis of the act of acceptance-transfer in the form established by the Central Election Commission;

3) village, settlement election commission - not later than five days before the day of voting and receives the prepared ballot papers not later than four days before the day of voting in the packaging of the manufacturer on the basis of the acceptance certificate according to the form established by the Central Election Commission.

The chairman of the election commission or another person authorized by the decision of this commission receives ballots from the manufacturer, in the manner and terms specified in this article on behalf of the territorial election commission, which establishes the results of local elections.

2. The manufacturing enterprises shall be selected by the territorial election commissions specified in Part one of this Article.

The contract between the relevant territorial election commission and the printing company is concluded using a negotiated procurement procedure based on the production, technological and organizational capabilities of the company to ensure timely printing and protection of ballots.

Ballot manufacturers shall ensure strict compliance with the ordered number of ballots produced, their registration, and transfer to the customer in accordance with the procedure established by the Central Election Commission.

Summary information on the basis of acceptance-transfer acts on the number of ballots produced for each territorial constituency shall be published by the territorial election commission, which shall establish the election results of elections of the Autonomous Republic of Crimea, oblast, rayon, rayon in the city, as well as city, village, settlement council (a territorial community with more than 10,000 voters), not later than one day before the day of voting on its official website (if available), websites of relevant local councils (if available) or in another way determined by these commissions and/or on the stand of official materials of the commission.

3. Any technical waste material, defective printed ballot papers, ballot papers in which mistakes were discovered, on which the territorial election commission has adopted a decision, as well as the typographic plates used, shall be destroyed by the printing enterprise, according to the procedures and within the time limits defined by the agreement concluded for the production of ballot papers on which the parties sign an act in two copies.

Control over the production of ballot papers by the printing enterprises and over the observance of the requirements regarding the destruction of the printing forms, technical wastes, defective printed matter, and erroneously produced ballot papers shall be exercised by a supervisory commission created by the respective territorial election commission based on submissions from the local organizations of political parties whose parliamentary factions are registered with the Apparatus of the Verkhovna Rada of Ukraine of the current convocation, as of the start of the election process, but no later than on the day of approval of the ballot paper text and establishing security features of a ballot paper.

4. The Territorial Election Commission, which establishes the results of local elections, shall transfer the ballot papers in the packaging of the manufacturing enterprise to the territorial election commissions, which shall establish the preliminary results of the respective local elections, within the following terms:

1) the election commission of the Autonomous Republic of Crimea, the oblast election commission shall transfer ballot papers from the elections to the Verkhovna Rada of the Autonomous Republic of Crimea, the oblast council to the relevant village, settlement, city election commissions - no later than six days before election day;

2) the rayon election commission shall transfer the ballot papers for the elections of the rayon council to the relevant village, settlement, city election commissions - not later than four days before the day of voting;

3) the city (in cities with district division) election commission passes ballot papers on elections of members of the Verkhovna Rada of the Autonomous Republic of Crimea, oblast, rayon, the city council in territorial or multi-member districts, elections of the mayor to the relevant rayon election commissions - no later than four days before election day.

If the transfer is made at a meeting of the territorial election commission, ballots in the packaging of the manufacturer on behalf of the territorial election commission to which the ballots are transferred, are received by at least three members of the commission authorized by its decision, who must be representatives of different subjects to the relevant territorial election commission.

5. The city election commission in cities without rayon division, rayon in city, village, settlement election commission not earlier than three days before the voting day at its meeting submits to the relevant precinct election commissions ballot papers from each local election in the packaging of the manufacturer:

1) city (cities without rayon division), rayon in the city election commission transfers ballots from the relevant elections of the mayor, members of the city council, members of the rayon in the city council (in cities where rayon councils are formed in the city), members of the rayon council, members of The Verkhovna Rada of the Autonomous Republic of Crimea or the oblast council in the respective constituency (except for the cities of Kyiv and Sevastopol);

2) the village or settlement election commission shall hand over the ballot papers for the relevant elections of the village, settlement head and members of the village, settlement council, members of the rayon council, members of the Verkhovna Rada of the Autonomous Republic of Crimea or the relevant oblast in the respective district.

Ballots in the packaging of the manufacturer on behalf of the relevant precinct election commission shall be received by at least three members of the precinct election commission, authorized by its decision, who must be representatives of different subjects of nomination to the relevant precinct election commission.

6. The territorial election commission, which transmits or receives ballot papers at its meeting, shall draw up a three-copy protocol on the transfer of ballots from the relevant local elections to the relevant territorial election commissions in accordance with the procedure established by Paragraph 6 of Article 37 of the Code and in a form established by the Central Election Commission, with an indication of:

7. the name of the local election;

1) indication and/or the number of the electoral district;

2) the number of transferred ballot papers;

3) last names and signatures of the members of the territorial election commission who received the ballot papers.

The first copy of the report shall be kept in the custody of the territorial election commission that delivered the ballot papers; the second copy shall be delivered to the respective territorial election commission that received the ballot papers, and the third copy shall be immediately posted in the premises of the territorial election commission that delivered the ballot papers for public review.

The territorial election commission, which hands over the ballot papers for voting in the respective local election to the precinct election commissions, shall draw a protocol in three copies in a form established by the Central Election Commission, with an indication of

1) the name of the local election;

2) indication and/or the number of the electoral district;

3) the number of the election precinct;

4) the number of transferred ballot papers;

5) last names and signatures of the precinct election commission members who received the ballot papers.

The first copy of the report shall be kept in the custody of the territorial election commission that delivered the ballot papers; the second copy shall be delivered to the respective higher-level territorial election commission, and the third copy shall be immediately posted in the premises of the territorial election commission for public review.

An excerpt from the protocol prepared in accordance with the form approved by the Central Election Commission, signed by the head and secretary of the territorial election commission and three members of the respective precinct election commission and affixed with the territorial election commission’s seal, specifying the data related to the respective election precinct, shall be handed together with the ballot papers over to the representatives of each precinct election commission who received the ballot papers.

8. The Election Commission of the Autonomous Republic of Crimea, oblast, rayon, city, rayon in the city, settlement, the village election commission shall submit to the relevant election commissions all ballot papers prepared for the respective constituency.

Should it be impossible to transfer the ballot papers to the respective territorial election commission, the respective ballot papers shall be considered unused and shall be invalidated by the respective territorial election commission by way of handing them over for destruction to the manufacturer. The ballot papers shall be destroyed by the manufacturer in the presence of representatives of the respective territorial election commission and the control commission established by such election commission, and the respective report shall be drawn up thereof.

Should it be impossible to transfer the ballot papers from the territorial election commission to the precinct election commission, the respective ballot papers shall be considered unused, and the respective report shall be drawn up thereof in two copies (if the territorial election commission hands ballot papers in the election which it does not organize over to the precinct election commission, and, in other cases, in one copy), in a form established by the Central Election Commission. One copy of the report shall be sent to the respective election commission; the second copy shall be kept in the custody of the territorial election commission. Such ballot papers shall be invalidated by the respective territorial election commission after the end of voting by cutting off the bottom right corner of the ballot papers. The invalidated unused ballot papers shall be packed, and the inscription “Unused ballot papers invalidated by the territorial election commission” shall be made on the package, with an indication of the number of the multi-member election district, as well as the number (numbers) of election precinct, number of packaged ballots, date and time of packaging; the package shall be signed by the territorial election commission members present and affixed with the commission’s seal.

9. Each member of an election commission, candidates or their authorized persons, authorized persons of party organizations, official observers who were present during the delivery of the ballot papers shall be entitled to received copies of the protocols on delivery of ballot papers to the territorial and precinct election commissions signed by the head and the secretary of the election commission that hands over the ballot papers, as well as affixed with the seal of this commission, on the basis of one copy of each protocol per person.

10. The members of the territorial or precinct election commissions shall transport the ballot papers to the premises of the respective territorial or precinct election commission, accompanied by a representative of the police who shall be responsible for the safekeeping of the ballot papers, or by representatives of the Security Service of Ukraine, if necessary, upon request of the territorial election commission.

11. Immediately after the arrival of the election commission members who received the ballot papers, the ballot papers shall be accepted by the territorial or precinct election commission at a meeting.

The secretary of the precinct election commission, or, if he or she is unavailable, another member of the election commission appointed by a decision of the commission, shall open the packaging of the printing enterprise and affix the precinct election commission’s seal on the designated places of each ballot paper. Another member of the precinct election commission, appointed by a decision of the commission, shall, if necessary, but the number of the electoral precinct on the designated places of each ballot paper, whereas another member of the precinct election commission, appointed by a decision of the precinct election commission shall count the ballot papers for voting separately for each local election and for each election district and check the accuracy of the numbers (indication) of the election district, to which an election district, which received the ballot papers, belongs. During the counting of the ballot papers, a member of the election commission, appointed by a decision of the commission, shall count the ballot papers aloud, while other election commission members shall observe the counting. It shall be prohibited to divide the commission into groups to count separate parts of all ballot papers.

12. If a discrepancy is found between the number of ballot papers counted and the number of ballot papers indicated in the excerpt from the protocol of the territorial election commission on the handover of the ballot papers, the precinct election commission shall produce a report, in two copies, in a form established by the Central Election Commission, on such discrepancies, which shall indicate the reason for the discrepancy as established by a decision of the precinct election commission. One copy of the report shall be submitted to the territorial election commission; the second copy shall be stored at the precinct election commission. If such discrepancies are detected, the number of the ballot papers received by the precinct election commission shall be deemed to be the number of the ballot papers established at the meeting of the precinct election commission and entered in the report on discrepancies.

13. A territorial or precinct election commission shall ensure the storage and safekeeping of received ballot papers. Ballot papers shall be kept in the office of the election commission in a safe (a metal case or a separate room), which shall be sealed with tape bearing the signatures of all members of the commission present at the meeting and having the commission seal affixed thereto. The safe (a metal case or a separate room) shall be continuously (until the transfer of the ballot papers to the precinct election commissions, or until the day of voting) guarded by a representative of the police, or by representatives of the Security Service of Ukraine, if necessary, upon request of the territorial election commission.

If damage to the tape sealing the safe (metal case) or a discrepancy between the signatures or the seal on the tape and the authentic signatures or the seal is detected, the head of the election commission shall immediately notify the bodies of the National Police of Ukraine and the higher-level election commission. The head of the commission shall then immediately open the safe (metal case or a separate room) and remove all the ballot papers. The precinct election commission members shall check the ballot papers to determine whether the number of the election precinct recorded on them is correct and whether the precinct election commission’s seal is affixed thereto; and, after that, they shall recount the ballot papers, separately for each type of elections. The precinct election commission shall produce a report on the detected signs of the opening of the safe (metal case) and on any discrepancy between the numbers of the ballot papers (if detected). The number of ballot papers in the safe (metal case) shall also be entered in the minutes of the election commission’s meeting. In such case, the established number of ballot papers shall be deemed the number of ballot papers received by the precinct election commission.

14. In case of cancellation of registration of a candidate in a multi-member constituency, a candidate for the position of the village, settlement, city mayor or withdrawal of such a candidate from voting, cancellation of registration of all candidates from a party organization in a single multi-member district during or after election ballots were printed, but for the period of time during which it is impossible to reprint the ballots after the ballots have been prepared, the relevant territorial election commission shall make a decision on making changes to the ballot. A copy of such a decision shall be immediately transmitted by the territorial election commission to the Central Election Commission.

The decision of the election commission shall be immediately transmitted to the relevant territorial election commissions for transmission to the precinct election commissions or directly to the precinct election commissions for making appropriate changes to the ballot papers by the precinct election commissions.

Changes made to the ballot paper shall be notified to each voter during the issuance of the ballot paper.

Such changes shall be made to the ballot papers by the decision of the territorial election commission by the members of the precinct election commissions using the stamp "Withdrawn" at the meeting of the precinct election commission. It is prohibited to make changes to the ballot paper without a decision of the election commission.

The form, procedure for production, storage, and transmission to election commissions of the "Withdrawn" stamp shall be approved by the Central Election Commission not later than twenty-six days prior to the day of the next local elections. The relevant election commission shall, not later than seven days before election day, ensure the production of such stamps or use stamps that have been made earlier.

The precinct election commissions shall immediately notify the territorial election commission, which has made a decision to make changes to the ballot paper, of the stamp "Withdrawn" on the ballot paper, which certifies the amendments to the ballot paper.

A member of the precinct election commission shall inform each voter about the changes made to the ballot paper during the issuance of the ballot paper.

The "Withdrawn" stamp is transferred to the precinct election commissions simultaneously with the decision of the territorial election commission to cancel the registration of all candidates from the party organization in a single multi-member constituency, cancel the registration of a candidate in a multi-member constituency, a candidate for the village, settlement, city mayor, withdrawal of such a candidate from voting and on making changes to the ballot paper in this connection.

The use of the "Withdrawn" stamp by the precinct election commission without obtaining the relevant decision of the territorial election commission is prohibited.

In the event of cancellation of registration of a candidate in a multi-member election district, a candidate for a village, settlement or city mayor, in the time period after the production of the ballot papers, the respective territorial election commission shall adopt a decision on making changes to the ballot paper.

15. If the ballot papers are amended without a decision of the territorial election commission or changes that do not comply with the decision of the territorial election commission, the polling station election commission at its meeting shall draw up an act in two copies in the form and manner prescribed by part six of Article 37 of this Code. The act shall indicate the number of ballots received, the number of spoiled ballots for voting in the respective constituency, and the names of the persons who caused it. One copy of this act shall be immediately submitted to the territorial election commission; the second copy shall be kept by the precinct election commission. The information of the said act shall be taken into account by the polling station election commission when drawing up the protocol on the counting of votes at the polling station.

Spoiled ballots for voting in various local elections shall be redeemed and packed separately in different packages in accordance with the procedure provided for in part six of Article 250 of this Code. The packages shall be marked: "Spoiled ballots," indicating the type and number of spoiled ballots for voting. Packed spoiled ballots shall be stored in the polling station election commission until the day of voting and shall be submitted to the territorial election commission together with other election documentation in accordance with the procedure provided for in Article 253 of this Code. When counting the votes, the spoiled ballots are counted as unused.

If the number of spoiled ballots calls into question the possibility of voting at the polling station, the relevant territorial election commission shall decide on the possibility of reprinting the relevant ballots and delivering them to the polling station to ensure voting. In this case, the provisions of this Code regarding the deadlines for the transmission of ballots shall not apply.

15. Persons guilty of unlawful spoilage of ballot papers shall reimburse the damage caused in accordance with the procedure established by law.