Article 71. The Election Ballot
1. The Central Election Commission shall no
later than 30 days prior to the day of elections
approve the form and the text of the election
ballot for voting on the day of the elections
of the President of Ukraine, as well as the
form of the election ballot for repeat voting.
The Central Election Commission shall no later
than ten days prior to the day of the repeat
vote approve the text of the election ballot
for repeat voting.
2. Election ballots are documents subject
to strict reporting.
3. The election ballot must contain the type
and date of the elections (the ballot for
repeat voting - the date of the repeat vote),
the number of the territorial election district,
the number of the election precinct, except
for special precincts created according to
part ten of article 20, as well as designated
places for the seal of the polling station
election commission, and the surname, initials
and signature of the member of the polling
station election commission who will issue
the election ballot.
4. The election ballot for voting on the day
of elections shall be completed with information,
in alphabetic order by surnames, about the
registered candidates to the post of President
of Ukraine, indicating their surnames, names
and patronymics, their year of birth, place
of residence, place of work (occupation),
the party affiliation of the candidate, and
the subject that nominated the candidate.
An empty square box shall be placed to the
right of the information about each candidate.
The following text shall be indicated in the
election ballot after the surnames of all
candidates: "I do not support any candidate
to post of President of Ukraine" and
an empty square box shall be placed to the
right of these words.
5. The election ballot must contain an explanation
to the voter about the procedure for marking
the ballot during the vote.
6. The election ballot shall have a control
coupon separated from it by a perforation
line. The con¬trol coupon must contain the
type and date of the elections (date of the
repeat vote), the number of the territorial
election district, the number of the election
precinct, as well as designated places for
the number, under which the voter is entered
into the list of voters in the precinct, the
signature of the voter, who receives the election
ballot, the surname, initials and signature
of the member of the polling station election
commission, who will issue the election ballot.
Article 72. The Procedure for the Production
of Election Ballots
1. The Central Election Commission shall ensure
that state printing houses no later than ten
days prior to the day of elections centrally
produces the election ballots for voting on
the day of elections based on an agreement,
which it shall conclude with these printing
houses. Election ballots for repeat voting
must be produced according to the same procedure
no later than six days prior to the day of
the repeat vote.
2. Technical waste and misprints, as well
as the printing plates must be destroyed in
accordance with the procedure and the terms
specified in the contract for producing the
election ballots.
3. The Central Election Commission shall receive
the election ballots in the package of the
producer.
4. The election ballots for voting on the
day of elections or on the day of repeat voting
shall be printed on identical paper according
to the form and with the text approved by
the Central Election Commission, and they
must be equal in size, colour and content.
5. The election ballot shall be printed in
the state language on one sheet of paper with
text on one side only.
6. In a special election precinct created
on board a vessel, which are at sea under
the State Flag of Ukraine on the day of elections,
or at polar stations of Ukraine, election
ballots may, as an exemption, with the permission
of the Central Election Commission, be produced
directly by the polling station election commission.
7. In case a decision to register a candidate
to the post of President of Ukraine is cancelled,
the Cen¬tral Election Commission shall take
a decision on entering changes into the election
ballot. Members of the polling station election
commission shall enter such changes into election
ballots using the relevant stamp. Every voter
shall be informed about the changes made to
election bal¬lots when the election ballots
are being issued.
8. An election ballot, in which the changes
envisaged by part seven of this article have
not been entered, shall be considered invalid.
An election ballot, in which changes have
been entered without a decision of the Central
Election Commission or not in compliance with
such decision, shall be considered invalid.
Article 73. The Procedure for the Transfer
of Election Ballots to Election Commissions
1. The territorial election commission shall
receive election ballots from the Central
Election Commission at its session. The territorial
election commission shall complete a protocol
on the receipt of the election ballots according
to the form established by the Central Election
Commission. The protocol shall be completed
in three copies and signed by all members
of the territorial election commission and
the representatives of the Central Election
Commission that did the transfer of the election
ballots, as well as by the candidates to the
post of President of Ukraine, their proxies
and official observers from candidates and
parties (blocs) that are present at the session
of the commission. The first copy of the protocol
shall be forwarded to the Central Election
Commission, the second - shall be kept in
the territorial election commission, and the
third - shall immediately be displayed in
the premises of the territorial election commission
for public familiarization.
2. The territorial election commission shall
provide storage and safety for the election
ballots obtained from the Central Election
Commission. Election ballots shall be stored
in the premises of the territorial election
commission in a safe (metal strong-box), which
shall be sealed with a strip marked with the
signatures of all those present at the session
of the commission and certified with the seal
of the commission and shall constantly (prior
to the day of elections) be guarded by an
officer of bodies of the Ministry of Interior
of Ukraine.
3. The territorial election commission shall
no later than three days prior to the day
of elections at its session hand over the
election ballots to the polling station election
commissions. No less than three members of
each polling station election commission,
who must be representatives of different candidates
to the post of President of Ukraine, shall
receive the ballots on behalf of the commission.
4. A protocol on the transfer of the election
ballots from the territorial election commission
to the polling station election commissions
shall be completed according to the form established
by the Central Election Commission, indicating
the following:
1) the number of the territorial election
district;
2) the number of the election precinct;
3) the number of voters in the election precinct
according the list of voters on the day the
protocol was completed;
4) the number of election ballots for voting
transferred to the election precinct;
5) the surnames and signatures of the members
of the polling station election commission
who received the election ballots; and
6) the number of election ballots, which remain
in storage at the territorial election commission.
5. The protocol on the transfer of election
ballots to the polling station election commissions
shall be completed in three copies and signed
by all members of the territorial election
commission present at the session, as well
as by candidates for the post of President
of Ukraine, their proxies and official observers
from candidates and parties (blocs) present
at the session of the commission. The first
copy of the protocol shall be forwarded to
the Central Election Commis¬sion, the second
- shall be kept in the territorial election
commission, and the third - shall immediately
be posted in the premises of the territorial
election commission for public familiarization.
An extract from the protocol containing the
information about the respective polling station
election commission shall be handed out to
the representatives of each polling station
election com¬mi¬ssion who received election
ballots.
6. Election ballots shall be transferred to
election commissions at election precincts
abroad in accordance with the procedure established
by the Central Election Commission.
7. All election ballots containing numbers
of election precincts shall be transferred
to the corresponding polling station election
commissions. Election ballots without a number
of an election precinct shall be transferred
to election commissions at election precincts
formed according to part ten of article 20
of this Law in a quantity, which is equal
to the number of citizens included in the
list of voters in the election precinct on
the day of the receipt of the election ballots,
together with a reserve, the size of which
shall be determined by the Central Election
Commission.
8. Each member of the territorial election
commission, each candidate to the post of
President of Ukraine, his/her proxy and the
official observer from a candidate or party
(bloc), who were present during the transfer
of the election ballots, shall have the right
on their request to immediately obtain copies
of the protocols mentioned in parts one and
five of this article, certified by the chairperson
and the secretary of the territorial election
commission and with the seal of the commission,
in the amount of no more than one copy of
a protocol per commission member and per candidate
to the post of President of Ukraine.
9. The members of the polling station election
commission shall transport the received election
ballots to the premises of the polling station
election commission accompanied by an officer
of bodies of the Ministry of Interior.
10. The receipt of the election ballots shall
be carried out immediately after the arrival
of the commission member that received the
ballots at a session of the polling station
election commission. The members of the polling
station election commission shall during this
recount the received ballots and place the
seal of the polling station election commission
in the designated fields on each election
ballot. At election precincts formed according
to part ten of article 20 of this Law, as
well the number of the election precinct shall
be placed in the designated fields on the
election ballot and its control coupon. In
case of a discrepancy between the number of
ballots established during the recount and
the number of ballots indicated in the extract
of the protocol of the territorial election
commission on the transfer of ballots, the
polling station election commission shall
complete an act in two copies, according to
the form established by the Central Election
Commission, indicating the reason for the
discrepancy established by a decision of the
polling station election commission. One copy
of the act shall be forwarded to the territorial
election commission, while the second shall
be kept in the polling station election commission.
In case of the above discrepancies, the number
of ballots, established at the session of
the polling station election commission and
fixed in the act on the discrepancies, shall
be considered the number of election ballots
received by the polling station election commission.
11. The election ballots shall be stored in
the premises of the polling station election
commission in a safe (metal strong-box), which
shall be sealed with a strip marked with the
signatures of all those present at the session
of the commission and verified with the seal
of the commission and shall constantly (prior
to the day of elections) be guarded by an
officer of bodies of the Ministry of Interior
of Ukraine.
Article 74. Voting Premises
1. Voting shall be conducted in specially
allocated and equipped premises, in which
booths (rooms) for secret voting shall be
arranged and places assigned for issuing election
ballots and for placing the ballot boxes.
The polling station election commission shall
be responsible for arranging the voting premises.
2. Executive bodies of local self-government
or other bodies (officers), which according
to law exercise their powers, shall provide
the election precinct with the necessary premises
for voting, which shall be suitable for being
equipped in accordance with the requirements
of this Law and regulations adopted by the
Central Election Commission. Voting premises
in small election precincts (with up to 500
voters) must have not less than 50 square
meters, medium precincts (from 500 up to 1,500
voters) - not less than 75 square meters,
and large precincts (with more than 1,500
voters) - not less than 90 square meters.
3. Voting premises must be equipped with a
sufficient number of booths (rooms) for secret
voting. For small election precincts, the
number of such booths (rooms) shall be no
less than two, for medium precincts - no less
than four, and for large precincts - no less
than six. The location of the equipment in
the voting premises shall be planned in such
a way that the place for issuing election
ballots, the entrance and the exit from the
ballot booths (rooms) for secret voting and
the ballot boxes are within sight of members
of the polling station election commission
and persons who in accordance with this Law
have the right to be present in the voting
premises.
4. Every election precinct shall be provided
with the necessary number of large (stationary)
and small (mobile) ballot boxes. The Central
Election Commission shall determine the dimensions
of the ballot boxes and the transparent material,
of which they shall be produced. Small election
precincts must have not less than two large
and two small ballot boxes, medium precincts
- not less than three large and two small
ballot boxes, and large precincts - not less
than four large and three small ballot boxes.
The ballot boxes shall be placed in the voting
premises in such way that voters will pass
through the booths (rooms) for secret voting
on their way to them.
5. The polling station election commission
must in the voting premises or directly in
front of them place posters that explain the
voting procedure and the liabilities for violations
of the legislation on the elections of the
President of Ukraine, and information posters
of the candidates for the post of President
of Ukraine, that shall be placed in alphabetic
order (in the order the candidates appear
on the election ballot).
Article 75. Preparations for the Vote on
the Day of Elections (the Day of Repeat Voting)
1. Voting on the day of elections and on the
day of repeat voting shall commence from 8:00
till 20:00 hrs. At polling stations abroad,
the voting process shall commence according
to the local time in the country where these
polling stations have been formed.
2. The polling station election commission
shall notify voters about the hours and place
of voting at least seven days prior to the
day of elections, or in exceptional cases,
where election precincts have been formed
according to part ten of article 20 of this
Law - on the eve of the elections.
3. The polling station election commission
shall bear the responsibility for organizing
the conduct of the vote, for maintaining proper
order in the voting premises and for ensuring
the secrecy of the will of voters during the
voting process.
4. The polling station election commission
shall not earlier than forty-five minutes
prior to the beginning of the vote hold a
session, on which the safe (metal strong-box)
containing the election ballots shall be opened.
Based on the extract from the protocol of
the territorial election commission on the
transfer of election ballots to the polling
station election commission or the act mentioned
in part ten of article 73 of this Law, the
chairperson of the polling station election
com¬mission shall announce the number of election
ballots received by the polling station election
commission. The secretary of the commission
shall enter this information into the protocol
of the polling station election commission
on the count of the votes of voters in the
election precinct.
5. In case it is revealed that the strip,
with which the safe (metal strong-box) was
sealed, has been damaged or is marked with
non-corresponding signatures or seal, the
polling station election commission shall
immediately notify a body of the Ministry
of Interior and the territorial election commission
about this. The members of polling station
election commission shall then recount the
election ballots, about which an act shall
be completed, signed by all those who are
present at the session of the polling station
election commission and certified with the
seal of the commission. The number of election
ballots indicated in the aforementioned act
shall be considered the actual number of election
ballots received by the polling station election
commission.
6. The polling station election commission
of an ordinary election precinct shall determine
the number of voters who received absentee
voting certificates for the respective election
and count the remaining number of unused absentee
voting certificate forms. The unused certificate
forms shall be invalidated by way of tearing
off their bottom-right corner. An act on the
invalidation of the forms of the respective
absentee voting certificates shall be completed
according to the form established by the Central
Election Commission. The act shall contain
the following:
1) the number and serial numbers of the absentee
voting certificate forms received by the polling
station election commission;
2) the number of voters, who received absentee
voting certificates;
3) the number of unused absentee voting certificates;
and
4) the number of invalidated absentee voting
certificates;
7. When completing the act mentioned in part
six of this article, the polling station election
commission shall check if the number of absentee
voting certificate forms received is equal
to the sum of the number of voters who received
such absentee voting certificates and the
number of invalidated absentee voting certificate
forms. In case of a discrepancy between these
data, the polling station election commission
shall enter this in the aforementioned act,
and shall as well indicate the reason for
such discrepancy established in a decision
of the polling station election commission.
8. Invalidated unused forms of the respective
absentee voting certificates shall be packaged.
The package shall be marked with the inscription
"Invalidated forms of absentee voting
certificates giving the right to participate
in the elections of the President of Ukraine"
and with an indication of the number of the
territorial election district and the number
of the election precinct, the date and time
of packaging, the number of invalidated absentee
voting certificate forms contained therein,
and it shall be signed by the members of the
polling station election commission present
and certified with the seal of the commission.
9. The package with the invalidated absentee
voting certificate forms and the act regarding
their invalidation shall be delivered to the
territorial election commission together with
the election documentation mentioned in part
nine of article 79 of this Law.
10. At the session of the polling station
election commission prior to the beginning
of voting, the chairperson of the commission
shall provide all available ballot boxes at
the polling station, one by one, for examination
to the members of the polling station election
commission, to candidates to the post of President
of Ukraine, their proxies, official observers
and representatives of mass media who are
present. After having been examined, each
ballot box shall be leaded or sealed with
the seal of the polling station election commission,
and then a control sheet shall be cast in
it, indicating the number of the territorial
district, the number of the election precinct,
the time it was cast in the ballot box, the
signatures of the chairperson, the secretary
and of other members of the polling station
election commission, and the signatures of
candidates, their proxies and official observers,
who are present during this. These persons
shall sign the control sheet and their signatures
shall be verified with the seal of the commission.
When a control sheet has been cast, the chairperson
of the commission shall present the next ballot
box for examination and conduct the same procedure
with it. When the last ballot box has been
sealed and the control sheet cast in it, and
the big (stationary) ballot boxes have been
placed in their designated places, the polling
station shall be considered ready for voting.
The small (mobile) ballot boxes shall be placed
in the voting premises with their ballot slots
facing down within the sight of the commission
members and other persons present in the polling
station during the voting in accordance with
the requirements of this Law.
Article 76. The Organization and Procedure
of Voting
1. During the voting in the election precinct
a member of the polling station election commission
shall, based on the list of voters for the
respective election precinct, issue one election
ballot for voting to the voter, on the condition
that the voter provides one of the documents
specified in part two of article 2 of this
Law, which certifies his/her identity and
citizenship. The voter shall sign for the
receipt of the election ballot in the designated
place on the control coupon of the election
ballot and in the list of voters. The member
of the polling station election commission
who issues the election ballot shall write
his/her surname, initials and signature in
the designated place on the election ballot
and on the control coupon. It shall be prohibited
to put any marks on the election ballots.
2. A voter who on the day of elections arrived
to vote at the election precinct with an absentee
voting certificate or with a court decision
about his/her inclusion in the list of voters
at the respective election precinct shall
be included in the list of voters in accordance
with the procedure established by parts nine
and ten of article 34 of this Law. The voter
shall be issued an election ballot in accordance
with the procedure established in part one
of this article.
3. A voter may only stay in the voting premises
during the time necessary for voting.
4. A voter shall personally mark the election
ballot in the booth (room) for secret voting.
The presence of other persons while election
ballots are being marked shall be prohibited.
A voter, who due to physical disability cannot
mark the election ballot personally, shall
have the right after notifying the chairperson
or another member of the polling station election
commission to require the assistance of another
voter, except for members of the election
commission, candidates to the post of President
of Ukraine, their proxies and official observers.
5. A voter shall not have the right to give
his/her election ballot to other persons.
It is prohibited to receive an election ballot
from other persons (except for the authorized
member of the election commission who issues
ballots) or to encourage or force voters to
give their ballots to other persons by means
of bribe, threat or otherwise.
6. The voter shall place the mark "plus"
("+") on the election ballot for
voting or another mark that indicates his/her
will in the square box next to the surname
of the candidate to the post of President
of Ukraine for whom he/she is voting. The
voter may only vote for one candidate or not
support any candidate to the post of President
of Ukraine. In case the voter does not support
any candidate, he/she shall place the mark
"plus" ("+") or another
mark that indicates his/her will in the square
box next to the words: "I do not support
any candidate to the post of President of
Ukraine".
7. The voter shall cast the marked election
ballot into the ballot box. A voter, who due
to physical disability cannot cast them personally
into the ballot box, shall have the right
after notifying the chairperson or another
member of the polling station election commission
to entrust another person except for members
of the election commission, candidates to
the post of President of Ukraine, their proxies
and official observers to do this in his/her
presence.
8. In case a ballot box is damaged during
the vote, the chairperson and no less than
three members of the election commission,
who are representatives of different candidates
to the post of President of Ukraine, shall
seal the ballot box by in a way which makes
it impossible to cast election ballots. This
ballot box shall be kept in the voting premises
within the sight of the commission members
and other persons, who are present in the
polling station during the vote in accordance
with the requirements of this Law, and shall
not be used till the end of the vote.
9. In case a voter makes a mistake when marking
an election ballot, he/she shall have the
right immediately to address the member of
the election commission, who issued him/her
the ballot, with a written request to be issued
another election ballot. The member of the
election commis¬sion shall issue another election
ballot in accordance with the procedure established
by part one of this article, but only in exchange
of the spoiled ballot, about what he/she shall
make a note in the list of voters opposite
the surname of the voter and put his/her signature.
The spoiled election ballot shall immediately
be invalidated as unused, about what an act
shall be completed. The spoiled and invalidated
election ballot shall be counted as unused
during the count of the votes and shall together
with the control coupon be packed in the package
with unused election ballots.
10. At 20:00 the chairperson of the polling
station election commission shall announce
the end of the vote, after what time only
the voters who are present in the voting premises
shall have the right to vote. Continued voting
after the time established by this Law shall
not be permitted After the last voter has
left the voting premises, the premises shall
be locked, and only members of the commission
and the persons entitled by this Law to be
present at the session of the election commission
shall remain in it.
11. At an election precinct created on board
a vessel, which is at sea under the State
Flag of Ukraine on the day of elections, or
at a polar station of Ukraine, the respective
polling station election commission may declare
the end of the vote earlier than the time,
specified in part one of article 75 of this
Law, if all the voters in the list of voters
have taken part in the vote. The count of
the votes at such precincts shall be carried
out immediately after the announcement of
the end of the vote in accordance with the
procedure established by this Law.
Article 77. The Procedure for Organizing
Voting Beyond the Voting Premises
1. A voter, who due to his/her health conditions,
is not able to come to the voting premises
of the ordinary election precinct where he/she
is included in the list of voters, as well
as a voter included in the list of voters
in a special election precinct formed in a
stationary medical institution who because
being confined to bed is unable to come to
the voting premises, shall have the right
to address the polling station election commission
with a written application to provide him/her
with the possibility to vote beyond the voting
premises. Such application, indicating the
place of stay of the voter, may be submitted
no later than twelve hours prior to the beginning
of the vote.
2. The polling station election commission
shall register the application from a voter
to vote beyond the voting premises in a separate
register, where the day and time of its receipt,
the surname, name and patronymic and the place
of residence (place of stay) of the voter
shall be indicated.
3. Based on the applications mentioned in
part one of this article, the polling station
election commission on the eve of the day
of the elections after the expiry of the term
for submission of such applications make an
extract from the list of voters in accordance
with the form established by the Cen¬tral
Election Commission. Simultaneously, the secretary
of the polling station election commission
shall enter the record "will vote at
place of stay" in the column "signature
of the voter".
4. Voting for voters beyond the voting premises
shall be organized by at least three members
of the polling station election commission
delegated by the election commission. These
members of the commission must be representatives
of different candidates to the post of President
of Ukraine.
5. Voting for voters beyond the voting premises
shall be organized in such way that the voters
can have accomplished the vote no later than
one hour prior to the end of the vote.
6. The chairperson of the polling station
election commission shall be obliged to announce
that members of the polling station election
commission are leaving to organize voting
for voters beyond the voting premises. The
members of the election commission shall be
provided with election ballots in a quantity
equal to the number of voters in the extract
from the list of voters, the extract from
the list of voters and a leaded or sealed
mobile ballot box in which the control sheet
shall be cast at this time. This sheet shall
contain an indication of the time of departure
(hour, minutes) of the election commission
members to conduct the voting beyond the voting
premises, the number of election ballots received
and the surnames and initials of the members
of the polling station election commission
who were provided with election ballots. The
control sheet shall be signed by the members
of the election commission, by the candidates
for the post of President of Ukraine, their
proxies and official observers present, and
their signatures shall be verified with the
seal of the commission.
7. Official observers shall have the right
to be present during the conduct of voting
beyond the voting premises.
8. During the voting beyond the voting premises
a member of the polling station election com¬mission
shall, based on the extract from the list
of voters, issue one election ballot to the
voter, on the condition that the voter provides
one of the documents indicated in part two
of article 2 of this Law, which certifies
his/her identity and citizenship. The member
of the polling station election commission
shall write his/her surname, initials and
signature in the designated place on the election
ballot and on the control coupon. The voter
shall sign the control coupon of the election
ballot and the extract from the list of voters,
and shall mark the election ballot in accordance
with the procedure, envisaged by part six
of article 75 of this Law, and cast it in
the ballot box.
9. After voting beyond the voting premises
has been completed, the member of the polling
station election commission who issued the
election ballot to the voter shall enter the
record "have voted at place of stay"
in the list of voters next to the surname
of the voter, and shall indicate his/her surname
and initials and put his/her signature.
10. The extract from the list of voters, according
to which the voting of voters beyond the voting
premises was organized, shall be attached
to the list of voters and shall be an integrated
constituent part of it. The written applications
of the voters, based on which this voting
was conducted, shall be attached to the list
of voters.
11. The provisions of this article shall not
be extended to election precincts abroad.
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
sequency 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 obser¬vers 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 com¬mis¬sion 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 exa¬mine 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 de¬cide 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 com¬mission
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 of¬ficial 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.
Article 79. The Protocol of the Polling
Station Election Commission on the Count of
the Votes of Voters
1. The polling station election commission
shall at its session complete the protocol
on the count of the votes of voters in the
election precinct according to the form established
by the Central Election Commission.
2. The polling station election commission
shall enter the following information in words
and figures into the protocol on the count
of the votes of voters in the election precinct:
1) the number of election ballots received
by the polling station election commission;
2) the number of voters included in the list
of voters in the election precinct;
3) the number of unused election ballots;
4) the number of voters who received election
ballots;
5) the number of voters who participated in
the vote in the election precinct;
6) the number of election ballots deemed void;
7) the number of votes cast for each candidate
to the post of President of Ukraine; and
8) the number of voters who did not support
any candidate to the post of President of
Ukraine.
3. The polling station election commission
shall complete the protocol on the count of
the votes of voters in election precinct in
a number of copies that exceeds the number
of persons who are members of the polling
station election commission by four. The copies
of the protocol shall be enumerated and shall
have equal legal force.
4. The protocol on the count of the votes
of voters in the election precinct shall contain
the date and time (hour and minutes) when
the members of the polling station election
commission signed it. The chairperson, the
deputy chair, the secretary and other members
of the polling station election commission
present at the session of the commission shall
sign each copy of the protocol. If a signature
of a member of the polling station election
commission is missing, the reason for the
absence of the signature shall be indicated
in the protocol opposite his/her name. The
protocol shall be certified with the seal
of the polling station election commission.
Candidates to the post of President of Ukraine,
their proxies and official observers, who
were present during the count of the votes
of voters, shall have the right to sign the
first copy of the protocol.
5. It is prohibited to complete the protocols
on the count of the votes of voters in the
election precinct with pencil, as well as
to make any correction to it without an appropriate
decision of the commission.
6. If the polling station election commission
reveals any inaccuracy (a typo or mistake
in figures) after the protocol on the count
of the votes of voters in the election precinct
in the respective district has been signed,
it shall at the same session consider the
issue about entering the changes to it by
compiling a new protocol, which shall be marked
with the note "Corrected". Ballots
shall in this case not be recounted. A protocol
marked with "Corrected" shall be
completed in the number of copies specified
in part three of this article.
7. The first and the second copy of the protocol
on the count of the votes of voters in the
election precinct, and if such exist - also
the respective copies of the protocol with
the note "Corrected", shall be packaged.
The package shall be marked with the inscription
"The protocol on the count of votes",
and with an indication of the number of the
territorial district, the number of the election
precinct, 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.
The secretary of the polling station election
commission shall keep the third copy of the
protocol on the count of the votes of voters
in the election precinct, the forth copy of
the mentioned protocol shall immediately be
posted for public familiarization in the premises
of the polling station election commission,
while the rest shall be distributed to the
members of the polling station election commission,
one copy to each.
8. Candidates to the post of President of
Ukraine, their proxies and official observers,
who were present during the count of the votes
of voters in the election precinct, shall
at their request immediately be issued copies,
mentioned in this article, of the protocol
certified by the chair and the secretary of
the polling station election commission and
with the seal of the commission, in the amount
of no more than one copy of each protocol
per candidate and per official observer.
9. The packages with the protocols of the
polling station election commission on the
count of the votes of voters in the election
precinct, election ballots, control coupons
and objects, lists of voters, and, in case
such exist, dissenting opinions of members
of the election commissions executed in written
form, acts, statements, complaints, and decisions
adopted by the commission, shall immediately
after the end of the session of the commission
be transferred to the territorial election
commission.
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 com¬mission 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 votes 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.
Article 81. The Procedure for the Transport
and Submission of Documents to the Territorial
Election Commission
1. The transportation of the documents indicated
in part nine of article 79 of this Law shall
be carried out by the chairperson of the polling
station election commission or by the deputy
and two other members of this commission,
who must be representatives of different candidates,
escorted by an officer of bodies of the Ministry
of Interior. Other members of the polling
station commission, candidates, authorized
persons, and official observers may also escort
the transport of such documents if they wish.
Other persons are prohibited from escorting
such documents. It is prohibited to unseal
the packages containing the election ballots
and the other documentation during the transportation
of the documents.
2. The protocol on the count of the votes
of voters in the election precinct in the
respective election district and other documents
of the polling station election commission
shall be submitted to the territorial election
commission at its session.
3. The content of the protocol on the count
of the votes of voters in a special election
precinct, created on board a vessel at sea
under the State Flag of Ukraine on the day
of elections or at a polar station of Ukraine,
shall immediately after it has been signed
by the members of the polling station election
commission be transmitted by the polling station
election commission by technical communication
means to the respective territorial election
commission with a mandatory later submission
to it of the first and second copy of the
protocol on the count of the votes of voters
in the election precinct and other documents
indicated in part nine of article 79 of this
Law.
4. The content of the protocol on the count
of the votes of voters in an election precinct
abroad shall immediately after it has been
signed by the members of the polling station
election commission be transmitted by the
polling station election commission by technical
communication means to the respective territorial
election commission with a mandatory later
submission to it of the first and second copy
of the protocol on the count of the votes
of voters in the election precinct through
bodies of the executive power in accordance
with the procedure established by the Central
Election Commission. Other documents, indicated
in part nine of article 79 of this Law, shall
be attached to it.
Article 82. The Procedure for Receiving
and Considering Documents of the Polling Station
Election Commissions by the Territorial Election
Commission
1. From the moment the vote has finished,
the territorial election commission shall
begin its session, which shall continue uninterrupted
until the results of the vote in the territorial
election district have been determined. Members
of the territorial election commission may
not during this time be engaged in carrying
out other functions then to participate in
the session of the commission.
2. The session of the territorial election
commission, mentioned in part one of this
article, shall keep a minutes protocol of
the uninterrupted session, which shall be
signed by the person chai¬ring the session,
the secretary of the commission or a member
of the commission who carried out the responsibilities
of the secretary at the aforementioned session.
Dissenting opinions of members of the commission,
who took part in the session and did not agree
with the decisions taken by the commission,
shall (if such exist) be attached to the protocol.
3. At the beginning of the session mentioned
in part one of this article, the territorial
election commission shall recount, invalidate
and package unused election ballots, which
until the day of elections inclusive have
been kept in the premises of the territorial
election commission. These activities shall
be carried out in accordance with the procedure
stipulated in part seven of article 78 of
this law.
4. During its session, the territorial election
commission shall receive, consider and announce
the protocols of polling stations election
commissions on the results of the vote in
the respective election precinct, and as well
receive the other documents of the polling
station election commission, envisaged by
part nine of article 79 of this law. The time
when the territorial election commission received
the protocol of the polling station election
commission, the list of the received documents
and the information contained in the protocol
shall be noted in the minutes of the session
of the territorial election commission.
5. When receiving the protocol on the count
of the votes of voters in the election precinct
in the respective election district from a
polling station election commission, the territorial
election commission shall announce the information
recorded in it.
6. In case any corrections, errors or inaccuracies
are revealed in the protocol of the polling
station election commission on the count of
the votes of voters in the election precinct,
the territorial election commission may by
its decision oblige the polling station election
commission to make changes to this protocol
according to the requirements of part six
of article 79 of this law. During the time
when the polling station election commission
considers this matter, the copies submitted
to the territorial election commission of
the protocol on the count of the votes of
voters in the election precinct and the documents
attached to it shall be kept in the territorial
election commission.
7. The polling station election commission
shall be obliged within the term set by the
territorial election commission to consider
the issue on making changes to the protocol
without recounting the ballots. A protocol
marked "Corrected" shall be transported
and submitted to the territorial election
commission in accordance with the procedure
established by article 81 of this law.
8. If there exist complaints, statements,
respectively completed acts prepared by candidates,
their proxies or official observers regarding
violations of the requirement of this Law,
which occurred during the conduct of the vote
and (or) the count of the votes of voters
in the election precinct that casts doubts
about the results of the count of the votes
of voters in this precinct, the territorial
election commission may take a decision to
conduct a recount of the votes of voters in
the election precinct.
9. If there exists an act or written statement
of the persons mentioned in part one of article
81 of this law regarding violations of the
requirements of this law, which occurred during
the transportation of the protocols on the
count of the votes of voters in the election
precinct and other documents to the territorial
election commission, the territorial election
commission may and, in the event of obvious
signs that the packages containing documents
were unsealed, shall be obliged to take a
decision on recounting the votes of voters
in this election precinct.
10. The protocols on the count of the votes
of voters in the election precinct and other
documents of the polling station election
commission shall be kept in the session premises
of the territorial election commission until
the territorial election commission conducts
the recount of the votes of voters in the
election precinct.
11. A recount of the votes of voters in an
election precinct shall be carried out by
the territorial election commission, after
it has considered and