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Article 78
 

The Procedure for the Count of Votes at the Election Precinct

1. The count of the votes of voters in the election precinct shall be conducted openly and jointly by the members of the polling station election commission at its session, which shall take place in the same premises, where the vote was held.

2. The session of the precinct election commission shall begin immediately after the end of the vote, shall commence without break and shall end after the protocols on the count of the votes of voters in the election precinct have been completed and signed.

3. If necessary, the polling station election commission shall consider issues envisaged by part eight of article 28 of this Law at the beginning of the session.

4. The polling station election commission shall conduct the count of the votes of voters in the election precinct according to the sequence specified in the provisions of this article.

5. If amendments were made to the list of voters in the election precinct during the vote, the list of voters shall be signed and sealed by the chairperson and the secretary of the polling station election commission after the vote has finished.

6. The polling station election commission shall determine the number of voters in the election precinct according to the list of voters. This number shall be announced and entered into the protocols on the count of the votes of voters in the election precinct by the secretary of the commission.

7. The polling station election commission shall count unused election ballots. The number of such ballots shall be announced and entered in the protocols on the count of the votes of voters in the election precinct by the secretary of the commission. Unused ballots shall be invalidated by way of tearing off the lower-right corner of the ballot paper. Invalidated unused ballots shall be packaged together with the ballots mentioned in part nine of article 76 of this Law. The package shall be marked with the inscription "Unused election ballots" and with an indication of the number of the territorial election district, the number of the election precinct, the number of election ballots contained therein, and the date and time of their packaging, and it shall be signed by the members of the polling station election commission present and certified with the seal of the commission.

8. The polling station election commission shall count the number of voters who received election ballots according to the signatures of voters in the list of voters. This number shall be announced.

9. The polling station election commission shall count the number of control coupons of election ballots bearing signatures of voters and the signatures of the members of the commission who issued them. This number shall be announced.

10. If the number of control coupons indicated in the part nine of this article corresponds to the number of voters who received the election ballots mentioned in part eight of this article, this number shall be announced and entered into the protocols on the count of the votes of voters in the election precinct in the column "The number of voters who received election ballots."

11. If the number of control coupons indicated in part nine of this article does not correspond to the number of voters in the list of voters who received election ballots, an act, indicating the reason for the discrepancy established by a decision of the polling station election commission, shall be completed and signed by the members of polling station election commission present. Candidates, their proxies and official observers present shall be entitled to sign this act. The signatures shall be verified with the seal of the commission. Then the commission shall take a decision on determining the number of voters who received election ballots. This number shall be announced and entered into the protocols on the count of the votes of voters in the election precinct.

12. The list of voters, the extract from the list of voters attached to it, prepared pursuant to part three of article 77 of this Law, the applications, which served as basis for compiling the extract from the list, the absentee voting certificates, the court decisions on including a voter into the list of voters on the day of voting shall be packed in a separate package. The package shall be marked with the inscription "The list of voters", the number of the territorial election district, the number of the election precinct, the date and time of packaging, and it shall be signed by the members of the polling station election commission present and certified with the seal of the commission.

13. The control coupons of election ballots shall be packed. The package shall be marked with the inscription "Control coupons" and with an indication of the number of the territorial election district, the number of the election precinct, the number of control coupons contained therein and the date and time of packaging, and it shall be signed by members of the polling station election commission and certified with the seal of the commission.

14. The polling station election commission shall check if the sum of the number of unused election ballots and the number of voters who received election ballots is equal to the number of election ballots received by the polling station election commission. In case of a discrepancy between these data, the polling station election commission shall complete an act indicating the reason for the discrepancy established by a decision of the polling station election commission, which shall be signed by the members of the polling station election commission present. Candidates, their proxies and official observers present shall be entitled to sign this act. The signatures shall be verified with the seal of the commission.

15. The polling station election commission shall check the integrity of the leads or seals on the ballot boxes.

16. If any damage to the leads or seals that violates the integrity of a ballot box in found, an act shall be completed indicating the nature of the damages, which shall be signed by the members of the polling station election commission present. Candidates, their proxies and official obser­vers present shall be entitled to sign this act. The signatures shall be verified with the seal of the commission.

17. The polling station election commission shall open the ballot boxes in sequence. The mobile ballot boxes that were used by voters voting outside the voting premises shall be opened first, and the ballots boxes with damaged leads or seals, or any other damages revealed during the vote, if such exist, shall be opened last.

18. When an undamaged ballot box is opened, its content shall be dropped to a table around which the members of the polling station election commission shall be placed, and at this point the presence in the ballot box of the control sheet (for a mobile ballot box - the control sheets) shall be checked.

19. Election ballots from a damaged ballot box shall be taken out one by one without mixing them up. During this, the polling station election commission shall count the number of ballots found in this ballot box. The presence in the ballot box of the control sheet, which must be taken out last, shall also be checked.

20. If there is no control sheet in a ballot box, the polling station election commission shall in accordance with the procedure established by this article complete an act about the absence of the control sheet in the ballot box, indicating the number of election ballots found in the ballot box. These ballots shall not be taken into consideration when determining the total number of voters who participated in the voting and when counting the votes of voters.

21. If more ballots than stated on the control sheet in a mobile ballot box is revealed when it is opened, the polling station election commission shall in accordance with the procedure established by this article complete an act about such a discrepancy indicating the number of election ballots found in this box. These ballots shall not be taken into consideration when determining the total number of voters who participated in the voting and when counting the votes of voters.

22. In case any doubts about the authenticity of a control sheet are raised and in other doubtful cases, the polling station election commission shall take a vote on a decision to announce the election ballots found in the ballot box as such that shall not be taken into consideration when determining the total number of voters who participated in the voting and when counting the votes of voters.

23. Ballots that are not taken into consideration when determining the total number of voters who participated in the voting and when counting the votes of voters shall be packaged. The package shall be marked with the inscription "Election ballots not to be considered" and with an indication of t he number of the territorial district, the number of the election precinct, the number of election ballots therein, and the date and time of packaging, and it shall be signed by members of the polling station election commission present and verified with the seal of the commission.

24. The election commission shall count the total number of election ballots excluding ballots that are not to be considered. When counting the election ballots, a member of the election com­mis­sion assigned by the election commission shall count the ballots aloud. All objects that are not election ballots of the established form shall be put aside and not be counted. In case there are any doubts if an object is an election ballot, the election commission shall decide this issue by taking a vote. During this, each member of the election commission shall have the right to exa­mine the object personally. The count of election ballots shall be stopped during the examination of the object. Objects that are not election ballots shall be packed in a separate package. Such objects shall also include control sheets. The package shall be marked with the inscription "Objects" and with an indication of the number of the territorial district, the number of the election precinct, the date and the time of packaging, and it shall be signed by the members of the polling station election commission present and verified with the seal of the commission. The total number of voters that participated in the voting shall be the number determined as the result of the count. This number shall be announced and entered in the protocols on the count of the votes of voters in the election precinct by the secretary of the commission.

25. Election ballots shall be distributed to places marked with separate plates that on both sides contain the surnames and initials of the candidates, the inscriptions "void" and "against all". When distributing the election ballots, the assigned member of the election commission shall show each election ballot to all members of the commission while stating aloud the will of the voter. If there are any doubts as to the content of the election ballot, the election commission shall decide the issue by taking a voting. During this, each member of the commission has the right to examine the election ballot personally. The work with other ballots shall be stopped during the examining of the election ballot.

26. The following election ballots shall be deemed void:

1) on which the seal of this election commission is absent;

2) if the numbers of a territorial district or an election precinct indicated on them do not correspond to the number of the territorial district or the election precinct, where the vote count is carried out;

3) on which the name and (or) the signature of the member of the election commission who issued it is not indicated, or they contain a signature of a person who is not a member of the election commission in this election precinct;

4) if the circumstances specified in the part eight of article 72 of this Law have taken place;

5) if the ballot have been marked with more than one mark against the surnames of candidates or against the a surname of a candidate and the text "I do not support any candidate to the post of President of Ukraine";

6) if they contain no marks at all;

7) if the control coupon is not torn off; and

8) if it for other reasons is impossible to determine the will of the voter.

27. If there are any doubts about the validity of an election ballot, the election commission shall de­cide on the issue by taking a vote. During this, each member of the commission shall have the right to examine the election ballot personally. The count of other election ballots shall be stopped during the examination of the election ballot.

28. Void election ballots shall be counted separately. This number shall be announced and entered into the protocol on the count of the votes of voters in the election precinct by the secretary of the commission. Void ballots shall be packaged. The package shall be marked with the inscription "Void election ballots" and with an indication of the number of the territorial district, the number of the election precinct, the number of void ballots therein, and the date and time of packaging, and it shall be signed by the members of the polling station election commission and certified with the seal of the commission.

29. The polling station election commission shall count the number of votes of voters cast for each candidate to the post of President of Ukraine, as well as the number of votes of voters who did not support any candidate to the post of President of Ukraine. Each member of the election commission shall during the vote count have the right to check or to recount the respective election ballots. The results of the count of the votes of voters in the election precinct shall be announced and entered into the protocols on the count of the votes of voters in the election precinct by the secretary of the commission.

30. The polling station election commission is obliged during the vote count to check if the number of voters who participated in the voting in the election precinct is equal to the sum of the numbers of void election ballots in the election precinct, election ballots, in which votes were cast for a presidential candidate, and the number of election ballots, in which voters did not support any candidate. In case there is a discrepancy between these data, the polling station election com­mission shall complete an act indicating the reason for such discrepancy, which shall be signed by members of the polling station election commission present. Candidates, their proxies and of­ficial observers present shall be entitled to sign this act. The signatures shall be verified with the seal of the commission.

31. Election ballots containing votes of voters cast for each candidate to the post of President of Ukraine and election ballots, in which voters did not support any candidate, shall be packaged separately. The packages shall be marked with the name and initials of the candidate to the post of President of Ukraine or the inscription "Did not support any candidate" respectively, and with an indication of the number of the territorial district, the number of the election precinct, the number of election ballots contained therein, and the date and time of packaging, and it shall be signed by the members of the polling station election commission present and verified with the seal of the commission.