Home > 1.6 Frequency of elections > UKRAINE - Law on Elections of the President
 
 
 
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Article 85
 

Repeat Voting

1. Repeat voting shall be called for the third Sunday after the day of elections in compliance with the requirement of this Law. Information about the date the repeat voting will be held shall be published in the newspapers "Holos Ukrainy" and "Uriadovy Courier", and shall be announced in other mass media.

2. The two candidates to the post of President of Ukraine, who in the result of the vote on the day of the elections received the highest number of votes, without considering those candidates who withdrew their candidacies after the day of elections, shall be included into the election ballot for repeat voting.

3. If one of the candidates included into the election ballot for the repeat voting no later than ten days prior to the day of repeat voting has withdrawn his/her candidacy by submitting a written statement to Central Election Commission, or the Supreme Court of Ukraine upon a submission of the Central Election Commission in accordance with the procedure, established by this Law, has taken a decision to cancel the registration of a candidate included in the election ballot for repeat voting, the Central Election Commission shall immediately take a decision to include the candidate, who according to the number of votes received on the day of elections is the following, into the election ballot.

4. If a candidate submitted a written statement to the Central Election Commission about the withdrawal of his/her candidacy from the ballot or the Supreme Court of Ukraine upon a submission of the Central Election Commission in accordance with the procedure established by this Law has taken a decision to cancel the registration of a candidate included in the election ballot for repeat voting after the term, specified in part three of this article, or there for other reasons are no candidates who could be included into the election ballot for repeat voting instead of the withdrawn, the repeat voting shall be conducted regarding a single candidacy.

5. The powers of an election commission member, who was included into the membership of the election commission upon a submission of a candidate to the post of President of Ukraine who has not been included in the election ballot for the repeat voting, shall be terminated ahead of term in case he/she has been absent from two consecutive sessions of the election commission after the day of elections. In case the number of election commission members because of this becomes less than the minimum established by part two of article 23 or by part two of article 24 of this law, the respective election commission of a higher level shall include other persons into the membership of the election commission upon submissions of the candidates to the post of President of Ukraine included in the election ballot for repeat voting, under the preservation of equal representation of the candidates. A submission for membership in a polling station election commission may be signed by a proxy of a candidate to the post of President of Ukraine certified in accordance with the procedure established by part three of article 24 of this Law.

6. The vote, the count of votes and the determination of the results of the vote shall in case of repeat voting be conducted in accordance with the procedure set forth in articles 75 to 83 of this Law.

7. The Central Election Commission shall at its session on the basis of the protocols of the territorial election commissions on the results of the repeat vote within the respective territorial election di­stricts and no later than on the fifteenth day from the day of the repeat voting determine the results of the repeat vote in the elections of the President of Ukraine, about which it shall complete a protocol, into which shall be entered the information envisaged by parts one and two of article 84 of this Law.

8. If two candidates were included in the election ballot for repeat voting, the candidate, who according to the results of the repeat vote received more votes of voters, who participated in the vote, than the other candidate, shall be declared the elected President of Ukraine.

9. If only one candidate was included in the election ballots for repeat voting, the candidate shall be declared the elected President of Ukraine if he/she received more than half of the votes of voters who participated in the vote.

10. If, as a result of the repeat vote, both running candidates received an equal number of votes, or if the vote was conducted regarding a single candidacy and the candidate failed to receive more than half of the votes of voters, who participated in the vote, the elections of the President of Ukraine shall be declared such, that have not taken place.