Tabulation of Voting Results in the Local Elections
1. Territorial election commissions shall establish the results of voting by drawing up an appropriate protocol for the following local elections:
1) the election commission of the Autonomous Republic of Crimea, the oblast election commission - a protocol on the results of the voting in the relevant elections of members of the Verkhovna Rada of the Autonomous Republic of Crimea, the oblast council within the territorial election district based on the protocols of the respective village, settlement, city election commissions on the results of voting within this district;
2) city (city with 10,000 voters or more) election commission - a protocol on the results of the voting in the elections of members of the city council within the territorial election district constituency based on the protocols on the basis of protocols of rayon election commissions in the city on the results of voting within this district;
3) village, settlement, city:
a) a protocol on the results of the voting in the respective elections of members of the Verkhovna Rada of the Autonomous Republic of Crimea, oblast council;
b) a protocol on the results of the voting in the election of members of the respective rayon council within this territorial election district;
4) the rayon in the city election commission:
a) a protocol on the results of the voting in the elections of members of the city council in the territorial election commission or its part (in the city territorial community with 10,000 voters or more) or in multi-member election districts (in the city territorial community with up to 10,000 voters)
b) a protocol on the results of voting on elections of the mayor.
Protocols on the results of the voting in elections of members of the village, settlement, city (cities without rayon division) councils in the respective multi-member election districts, village, settlement, city (cities without district division) mayor may not be drawn up by the territorial election commission establishing the election results. The protocol on the election results shall, in this case, be drawn up directly on the basis of the protocols of the precinct election commissions on the counting of votes from the relevant local elections.
2. The Territorial Election Commission after the adoption and consideration of protocols (including marked "Corrected") of precinct election commissions on the counting of votes at the respective election precincts on the basis of these protocols, and in case of a recount of votes - protocols of the territorial election commission the counting of votes at the respective election precincts not later than on a ninth day from the day of voting (and in case of repeat voting - not later than on the third day from the day of repeated voting) establishes and enters in the protocol on voting results for each district in relevant local elections the following information:
1) the number of ballots received by precinct election commissions;
2) the number of unused ballots redeemed by precinct election commissions;
3) the number of voters included in the voter lists at election precincts;
4) the number of voters who received ballots;
5) the number of voters included in the extracts from the voter list for voting at the place of residence at the election precincts;
6) the number of voters who received ballots in the place for voting;
7) the number of voters who received ballots at the place of residence;
8) the number of voters who took part in voting in the place for voting;
9) the number of voters who took part in voting at the place of residence;
10) the number of voters who took part in elections;
11) the number of ballots which shall not be considered discovered at polling stations;
12) the number of ballots declared invalid;
13) the percentage of the total number of ballots declared invalid in relation to the total number of voters who took part in the voting.
3. In the protocol of the territorial election commission on the results of the voting in the respective multi-member election district, unified single-member election district for the respective local elections, in addition to the information specified in part two of this article, members of the respective commission shall enter information on the number of votes cast for each candidate for the position of the village, settlement, city mayor in number and letter format.
4. The protocol of the territorial election commission on the results of the voting in the territorial election district for the election of members of the Verkhovna Rada of the Autonomous Republic of Crimea, oblast, rayon, rayon in the city, as well as city, village, settlement council (a territorial community with 10,000 or more voters), except the information specified in part two of this article, shall also include following figures and words:
1) the total number of votes of voters who supported the territorial election lists of all party organizations within the territorial election district (part of the territorial election district);
2) the number of votes of voters who supported the territorial electoral list from each party organization within the territorial election district (part of the territorial election district);
3) the number of votes of voters who supported each candidate included in the territorial electoral list from each party organization within the territorial election district;
4) the number of votes of voters who supported the entire territorial electoral list, without supporting a separate candidate from this list, from each party organization within the territorial election district.
5. The protocol of the territorial election commission on the results of the voting in the respective election district shall contain the information specified in part two of this article and the information specified in parts three or four of this article, respectively.
6. Information on the results of voting within the election district shall be entered in numbers in the protocol of the territorial election commission on the results of the voting in the respective local elections for each election district and in total for the election district (part of the election district).
7. The protocol on the results of the voting in the respective election district (part of the election district) shall be drawn up by the territorial election commission in three copies. Copies of the protocols are numbered and have the same legal force. The protocol of the territorial election commission on the results of voting may be prepared by technical means.
8. It is prohibited to fill in the protocol on the results of voting with a pencil, to make any corrections to it without a relevant decision of the territorial election commission, as well as to sign it and certify it with the seal of the territorial election commission until final completion.
9. The protocol shall specify the date and time (hour and minutes) of the signing thereof by the members of the territorial election commission. Every copy of the protocol shall be signed by the head, deputy head, secretary, and other members of the territorial election commission present at the election commission’s meeting. A member of a territorial election commission present at a meeting of the commission is obliged to sign a protocol on the results of the voting. In case of disagreement with the actions of the commission or the results of the voting, recorded in the protocol on the results of the voting, the member of the commission shall sign the protocol marked "With a dissenting opinion." A written statement of a dissenting opinion shall be attached to the relevant protocol on the results of the voting. In case of absence of the signature of the member of the territorial election commission in the protocol on results of voting opposite to his surname, the reason for the absence of the signature is specified. The protocol shall be signed and certified by the seal of the territorial election commission only after its final completion. The first and second copies of the protocol on the results of the voting in the relevant local elections also have the right to be signed by candidates, proxies of candidates, authorized persons of party organizations, official observers who were present at the meeting of the territorial election commission. Failure to sign the protocol by individual members of the election commission has no legal consequences for the validity of the protocol.
10. A member of the relevant territorial election commission, a candidate, his/her proxy, authorized person of the party organization, an official observer who was present at the meeting during the drawing up of the protocol shall be immediately issued a copy of the protocol of the territorial election commission on voting results (including marked "Corrected") at the rate of one copy of the protocol for a member of the commission, candidate, each party organization and one copy of the protocol for an official observer (a group of observers) from each public organization, foreign state or international organization. These copies shall be signed on each page by the chairman and secretary of the territorial election commission and sealed by the election commission. Copies of the protocol of the territorial election commission on the results of voting may be made by technical means.
11. If, after signing the protocol before transporting it to the election commission, which establishes the election results, the election commission finds inaccuracies in it (technical error or error in figures), it shall consider at its meeting the issue of amending the protocol by drawing up a new protocol marked "Corrected." The protocol marked "Corrected" is drawn up and signed in the manner and in the number of copies established by this article.
12. The first copy of the protocol of the territorial election commission on the results of the voting in the respective local elections in the respective election district (part of the election district), and if available - the corresponding copy of the protocol marked "Corrected" are packed. The package shall be marked "Protocol on Voting Results" and shall indicate the name of the respective elections, designation and/or election district number, date and time of packing, number of packed documents, signatures of all present members of the territorial election commission and the seal of the territorial election commission.
The second copy of the protocol of the territorial election commission on the results of the voting in the respective local elections in the respective election district, as well as the protocol marked "Corrected" (if available), shall be kept by the secretary of the territorial election commission. The third copy of the protocol, as well as the protocol marked "Corrected" (if available), shall be immediately posted for public inspection in the premises of the territorial election commission.
13. The first copy of the protocol of the territorial election commission on the results of voting within the election district (part of the election district), and in case of amendments to this protocol - the protocol in which inaccuracies were made (technical errors or errors in figures), together with relevant protocols and acts of precinct election commissions, decisions adopted on the basis of these acts, and (if available) protocols of the territorial election commission on a recount of votes at the respective election precinct, separate opinions of members of the territorial election commission, written statements, complaints and complaints about violations by the commission of the procedure for establishing the results of voting and the decisions adopted by the election commission based on the results of their consideration shall be transported by the territorial election commission to the election commission, which shall establish the results of the respective elections.
14. The territorial election commission, at a meeting at which the results of the voting in the respective election districts for the respective local elections are established, shall make a decision on determining three or, in case of impossibility, two members of the commission to transport election documents from the respective local elections to the territorial election commission which establishes the final results of the relevant elections. The members of the commission, determined by the decision of the commission for transportation of election documents to the territorial election commission, must be representatives of different subjects of nomination to the territorial election commission. During the transportation of election documents, the members of the territorial election commission are accompanied by police officers and, if necessary, at the request of the territorial election commission, by employees of the Security Service of Ukraine, who must provide security during transportation. At their own request, other members of the territorial election commission who are not engaged in the transportation of election documents, candidates, proxies of candidates, official observers may accompany the transportation of documents. Accompanying the transportation of election documents by other persons is prohibited. During the transportation of election documents, it is prohibited to open the packages with ballots and other election documents.
15. During the transportation of election documents, the seal of the territorial election commission shall be kept in a safe (metal cabinet) on the premises of the territorial election commission.
If the relevant territorial election commission, which establishes the results of the respective elections, decides on the obligation to correct the identified deficiencies by drawing up a protocol on the results of voting marked "Corrected," the territorial election commission, which establishes the results of the voting, shall consider amending the relevant elections protocol at its meeting and draws up a protocol marked "Corrected" within the period determined by the territorial election commission, which establishes the election results. The protocol on the results of voting marked "Corrected" shall be immediately after its drawing up, transported to the territorial election commission, which shall establish the election results, in accordance with the procedure specified in this article.
16. If the boundaries of a territorial constituency include several villages, settlements, cities or several rayons in the city, the relevant village, settlement, city, rayon election commissions shall draw up protocols on the results of the voting in the relevant elections of members of the Verkhovna Rada of the Autonomous Republic of Crimea, oblast, rayon, city, rayon in the city, settlement, village (a territorial community with 10,000 voters or more) councils within the part of the territorial district - at election precincts formed in the relevant village, town, city, district in the city.
If more than one territorial, multi-member election district is formed in the territory of a village, settlement, city, rayon in the cities of Kyiv, Sevastopol, the relevant election commission shall draw up protocols on the results of voting within all such districts after acceptance and consideration of documents of relevant precinct election commissions in village, settlement, city, rayon in the city.
17. If the mandate of the territorial election commission, which established the results of voting within the territorial election district, extend to part of the relevant territorial election district, the results of voting within the relevant district as a whole shall be established by the territorial election commission, defined by this article, on the basis of protocols of territorial election commissions on the results of voting within a part of the territorial election district (at polling stations formed in the territory of the relevant rayon, city, rayon in the cities of Kyiv, Sevastopol).
18. The territorial election commission is obliged to establish the results of voting within the territorial, multi-member election districts constituencies regardless of the number of election precincts in the respective district, in which the results of elections were considered as invalid or in which voting was not organized and conducted on election day according to requirements of this Code. It is prohibited to declare voting as invalid within the territorial, multi-member election district.
If voting at all polling stations of a territorial, multi-member election district on the day of voting was not organized and conducted or was declared invalid in accordance with the requirements of this Code, the territorial election commission shall establish that voting within the respective constituency did not take place. In this case, the protocol of the territorial election commission on the results of voting within the relevant constituency (part of the constituency) for the relevant local elections shall contain only the information specified in paragraphs 1-5 of part two of this article. In place of other information, a dash is put.
19. The protocol on the results of the voting shall be adopted by the territorial election commission, which shall establish the results of the relevant local elections in accordance with the procedure provided for in Article 254 of this Code.