Home > 1.6.1 By-elections, repeat and re-run elections > UKRAINE - Law on Elections of the President
 
 
 
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Article 80
 

Invalidation of the Vote in the Election Precinct by the Polling Station Election Commission

1. A polling station election commission may declare the vote in the election precinct invalid if it reveals violations of the requirements of this Law, as a result of which it is impossible to determine the result of the expressed will of the voters with certainty. The polling station election com­mission may only declare the vote in the election precinct invalid if the following circumstances exist:

1) if the amount of cases of illegal voting (if a person cast the election ballot in the ballot box on behalf of another voter, except for the cases envisaged by part seven of article 76 of this Law; voting by persons who have no right to vote; voting by persons who are not included in the list of voters in the election precinct or who are included in the list without legal ground; voting more than once by the same person) exceeds ten per cent of the number of voters who took part in the vote in the election precinct;

2) if ballots in the ballot boxes are discovered in an amount that by more than ten per cent exceeds the number of voters who took part in the vote in the election precinct;

3) if the ballot box (boxes) are destroyed or damaged in a way that makes it impossible to determine the content of the election ballots, and the amount of these ballots by more then ten per cent exceeds the number of voters who took part in the vote in the election precinct.

2. In case the circumstances indicated in part one of this article are revealed, the polling station election commission shall in each case complete an act, which shall be signed by all members of the polling station election commission present and certified with the seal of the election commission. Such act (acts) shall constitute the ground for the polling station election commission to consider the issue of declaring the vote in the election precinct in the respective district invalid.

3. In case a decision is adopted to declare the vote in the election precinct invalid, the protocol of the polling station election commission on the count of the vote’s voters in the election precinct must only contain the information indicated in clause 16 of part two of article 78 of this Law. A dash shall be entered at the place for the other information. The polling station election commission shall complete the protocols in accordance with the procedure established by article 79 of this Law.

4. In case a decision is adopted to declare the vote in the election precinct invalid, the invalid election ballots shall be packaged. The package shall be marked with the inscription "Election Ballots" and with an indication of the number of the territorial district, the number of the election precinct, the number of election ballots therein, and the date and time of packing, and it shall be signed by the members of the polling station election commission present and certified with the seal of the commission.

5. The decision of the polling station election commission to declare the vote in the election precinct invalid, and the act, on the basis of which this decision was adopted, shall be attached to the protocols on the count of the votes of voters in the election precinct.