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Article 34
 

Procedure for Updating the List of Voters and for Access of Voters to it

1. After having received the list of voters according to the procedure and terms envisaged by part five of article 32 of this Law, the election commission of an ordinary election precinct shall place the list for public familiarization at the premises of the polling station election commission.

2. Each citizen of Ukraine shall have the right to access the list of voters in the premises of the respective polling station election commission and check the correctness of the information included therein. Any citizen may complain to the polling station or territorial election commission, or directly to a local court with jurisdiction over the election precinct against any inaccuracies committed in the course of compiling the list of voters, including omissions, improper inclusion in the list of voters, or improper exclusion from the list of voters, and may do so for either himself/herself or other persons.

3. A citizen shall personally submit a complaint to the election commission. A complaint executed pursuant to the form specified under article 95 of this Law and submitted to the election commission shall be considered at a session of the commission, and, normally, in the presence of the complainant. A complaint submitted no later than one day before the day of elections shall be considered within a three-day term at the nearest session of the commission, but no later than on the day preceding the day of elections, and if submitted one day before the day of elections, or to the territorial election commission on the day of elections, shall be considered - immediately. Based on the results of the consideration of the statement, the polling station election commission shall take a decision on introducing changes to the list of voters or a motivated decision regarding the refusal of the complaint. A copy of the motivated decision passed by the election commission regarding the refusal of the complaint shall be given to the complainant no later than the next day after the day when the decision was passed, and if such decision was passed the day before the day of elections or on the day of elections - immediately.

4. Complaints regarding the circumstances envisaged by part two of this article submitted on the day of elections shall not be accepted or considered by the polling station election commission.

5. A citizen may submit a complaint to a local court regarding the circumstances envisaged by part two of this article in accordance with the procedure established by law. A complaint submitted to a court before the day of elections shall be considered within three days, but no later than the day preceding the day of elections, and a complaint submitted on the day of elections - immediately, but not later than the time the voting is completed.

6. The court shall take a decision regarding a complaint of a voter against the issues envisaged by part two of this article, based on a determination of the place of residence of the voter and observing the requirement to include the voter in the lists of voters in one election precinct only.

7. The polling station and territorial election commissions shall have the right on the request of a member of the commission, a candidate to the post of President of Ukraine or a proxy of the candidate, to apply to the respective state executive bodies and bodies of local self-government, and the heads of the respective institutions and establishments, with a request to gain access to examine documents containing the information on the place of residence of citizens or certifying their stay in the respective institution or establishment. The aforementioned bodies shall provide the mentioned documents or their authenticated copies no later than within three days after receiving such a request from the polling station election commission, but not later than one day prior to the day of elections.

8. Polling station or territorial election commissions shall take decisions regarding any amendments to the list of voters based on personal requests of citizens, proposals submitted by the bodies or officials specified under part one of article 31 and part two of article 32 of this Law, and documents envisaged by part seven of this article as well as notifications received from territorial election commissions regarding the inclusion of voters to the list of voters in another election precinct specified under parts six and thirteen of article 35 of this Law; and part twelve of this article. The territorial election commission shall give its decision to the polling station election commission no later than on the day following the day it was taken, and on the last day before the day of elections and on the day of elections - immediately. On the basis of such a decision, the chairperson, deputy chair or secretary of the election commission shall introduce amendments to the list of voters immediately after the end of the session of the commission, at which such decision was passed.

9. A voter who arrived to a populated area other than his/her place of residence before the day of elections or before the day of the repeat voting inclusive, and according to part one of article 33 was excluded from the list of voters in his/her home ordinary election precinct, shall be added by the chairperson, deputy chair or secretary of the polling station election commission of an ordinary election precinct to the list of voters without a decision passed by the commission, pursuant to his/her written application, one of the documents specified under part two of article 2 of this Law, and a respective absentee voting certificate which shall be attached to the list of voters. An absentee voting certificate cannot be reason for adding a voter to the list of voters in any special election precinct (except for the cases specified under article 35 of this Law), as well as at any ordinary elec­tion precinct polling station of the same population area where such absentee voting certificate was issued.

10. In case of a court decision regarding the introduction of amendments to the list of voters the chairperson, deputy chair or secretary of the election commission shall execute such decision and introduce the respective amendments into the list of voters immediately upon receipt of the court decision.

11. When a voter is included in the list of voters in the election precinct during the process of updating it, the information about him/her, envisaged in the form of the list of voters, shall be included at the end of the list of voters according to the documents that constituted the basis for including the voter in to the list of voters. During this, the number of the absentee voting certificate, the date and number of the resolution of the polling station or territorial election commission or the number of the court decision regarding the inclusion of the voter in the list of voters shall be recorded in the column next to the surname of the voter.

12. If, in the course of considering the matter of inclusion of a voter to the list of voters, reasons were revealed for the possible inclusion of this voter to the lists of voters at one or more election precincts, the polling station election commission shall, no later than the next day after passing the decision on the inclusion of the voter in the list of voters in the respective election precinct, notify the territorial election commission of the election district to which this precinct polling station is attributed, of the inclusion of this person in the list of voters, as well as of other possible places of his/her inclusion in lists of voters. The territorial election commission that has received such notice shall ensure immediate transfer of this notice to polling station election commissions where the said person may be included in list of voters.

13. Introduction of any amendments to the list of voters after the end of the vote shall be prohibited.