Creation and first working days of DECs in 5 districts

On October 16, 2013 Civil Network OPORA has launched a large-scale monitoring campaign in 5 problematic districts, which includes long- and short-term observation. The organization will attract more than 600 activists to conduct parallel vote tabulation and qualitative observation during the election day. OPORA will systematically inform the public about the course of election campaign, as well as whether subjects of the election process observe the electoral legislation, officials participate in the race, and all the interested parties adhere to generally recognized international standards. The organization is also planning to secure on-line broadcasting from the DECs during receipt of protocols of precinct election commissions. Large-scale civic observation is aimed to prevent violations and abuses during the vote count process.

Despite the CEC has created district election commissions in correspondence with the current legislation, it didn't take into consideration the recommendations of Ukrainian and international experts regarding the procedure of drawing lots. OPORA's observers have noticed that employees who worked during the Parliamentary elections and represented so-called technical parties will continue working during the elections in 5 problematic districts. According to the statistical analysis of the DECs' staffing, 13% of members in new commissions have already held the same positions in the same districts in 2012. OPORA has also analyzed the rotation of technical parties, which appointed these persons in 2012 and 2013. All 5 DECs have started working in full complement. However, a lot of commission members were substituted during the first days. 37% (33 persons) of the membership suffered from the rotation. Such tendency also occurred during the regular elections in 2012.

On October 25, 2013 district election commissions (hereinafter – DECs) were formed for re-election of MPs of Ukraine in single-mandate election districts #94, 132, 194, 197, 223. According to the Law of Ukraine on Re-Elections of People's Deputies of Ukraine in single-mandate election districts #94, 132, 194, 197, 223, the DECs shall be created by the Central Election Commission (hereinafter – CEC) not later than fifty days before the election day. [1]

According to the article 27 of the Law of Ukraine on Elections of People's Deputies of Ukraine, the following subjects can nominate candidacies for members of DECs:

One representative of every political party which deputy factions are registered in the Verkhovna Rada of Ukraine of the current convocation shall be included into the membership of DECs (Party of Regions, AUU Batkivshchyna, UDAR party, AUU Svoboda, Communist Party of Ukraine).

Candidacies for members of DECs from parties which are subjects of the election process shall be chosen by the procedure of drawing lots. Every party which have nominated at least one candidate in any of five election districts has the right to participate in the drawing of lots to get membership in every of DECs.

The procedure of drawing lots for parties which are subjects of the election process

On October 24, 2013 the Central Election Commission has conducted the draw to distribute membership of DECs among parties which are subjects of the election process.

Taking into consideration that all five political parties, which are represented by factions in the Verkhovna Rada of Ukraine, had the right to include one representative to every DEC, 13 positions of the corresponding commission remained vacant. These very positions were to be distributed among political parties by draw.

The procedure of drawing lots to select members of the DECs for the Parliamentary elections is determined by the Resolution of the CEC on the procedure of draw conducted by the Central Election Commission to select members of the district election commissions for the Elections of People's Deputies of Ukraine #87 of 4/25/2013. [2]. 

According to the Resolution of the CEC #87 of 4/25/2013. The number of places which shall be distributed by the draw is equal to the difference between the maximum membership of a DEC (18 persons) and the number of places, given to VRU factions (5 persons). As long as Ukrainian Parliament of the current convocation has five parties, 13 places in district election commissions shall be distributed among parties, subjects of the election process, according to the procedure of drawing lots. The draw is not conducted if the number of candidates is less than or equal to the number of vacant positions in the membership of the corresponding commission. The draw determines the order of priority for political parties, which members are to be included in district election commissions. After all the candidates of the first party are included, positions are given to the following candidates of parties, according to the number of priority determined by the draw. Thus, parties which have drawn numbers from one to thirteen gain considerable preferences when vacant positions in the commissions are distributed. The procedure of determining candidates for every DEC finishes when the membership reaches its maximal size. The abovementioned procedure of drawing lots gives definite advantages to parties which received first numbers.

During 2012 Parliamentary elections, Civil Network OPORA recommended the CEC to reconsider the procedure of drawing lots to select members of DECs, and return to the previously used one, when the draw is conducted for every DEC separately. This recommendation was based on the necessity to secure equal opportunities for parties, which are subjects of the election process, when seats of the DECs are distributed, in order to prevent monopolization influence in these commissions. Unfortunately, the problem wasn't solved, and repeated during the re-election of MPs of Ukraine.

Creation of DECs

On October 25, the CEC has passed a Resolution on the Creation of District Election Commissions for Re-Elections of People's Deputies of Ukraine in single-mandate election districts #94, 132, 194, 197, 223[3]. District election commissions were created with the maximum membership (18 persons in each), on the basis of registration statements from parties, which have their factions registered in the Verkhovna Rada of Ukraine, and of draw, conducted among parties, which are subjects of the election process.

In total, representatives of 39 political parties, those which have factions in the Parliament, and subjects of the election process, have formed DECs #94, 132, 194, 197, and 223.

Only the Party of Regions, AUU Batkivshchyna, UDAR, AUU Svoboda, and the Communist Party of Ukraine have received representation in all the DECs without exception (#94, 132, 194, 197, and 223). These subjects, besides the CPU and AUU Svoboda, have one representative in each of the DEC, according to the corresponding quota of parliamentary factions.

The CPU and AUU Svoboda received both mandatory seats in DECs and those divided by the draw.  In DECs #94, 197, and 223, the CPU has two representatives, and in DECs #132 and #194 – one. The CPU has the best representation in DECs during re-election of People's Deputies of Ukraine (8 representatives in five DECs). AUU Svoboda has two representatives the DEC #94, and one in all the other DECs (6 representatives in 5 DECs).

The Party of Regions and UDAR didn't participate in the draw, because they hadn't nominated any candidates for re-election. However, the draw didn't bring positive results for AUU Batkivshchyna as a subject of the election process.

The People's Initiative political party has representatives in four of five DECs.

The Youth Party of Ukraine, Oleh Liashko's Radical Party of Ukraine, Rus Yedyna, Vitchyzna, Spravedlyva Ukraina, and Raiduha green environmental party, are represented in three of five DECs.

Slovianska party, Ukrainian Cossack Party, People's Order Party, Ukrainian Marine Party, Derzhava party, the "Union. Chornobyl. Ukraine" Social and Ecological Party, the Union, Social Patriotic Assembly of Slavs, AUU Tsentr, Spravznia Ukraina party, Kozatska Slava party, and National Environmental Party are represented in two of five DECs.

The Peasant Party of Ukraine, Internet Party of Ukraine, Party of State Neutrality of Ukraine, Civil Solidarity party, Democratic Party of Hungarians of Ukraine, Party of Small and Middle Business of Ukraine, Patriotic party of Ukraine, SDPU (u), Liberal party of Ukraine, People's Democratic Party of Ukrainian Patriots, Yedyna Rodyna party, Viche, Ruskyi Block, and Women for the Future are represented in one of five DECs.

Heads, Deputy Heads and Secretaries were selected simultaneously with the creation of DECs. This procedure is regulated by the Resolution of the CEC on the distribution of executive positions in district election commissions for the election of MPs of Ukraine between subjects of nomination to the membership of these commissions #79 of 4/18/2013 [4]. Part 7 of this Resolution determines that executive staff of DECs is appointed by the Resolution of the CEC without proportional division of positions between the subjects, submitted for receiving seats in these commissions. During the re-election in five districts, the total number of executive positions in DECs is less than the number of subjects, submitted for receiving seats in these commissions. Therefore, the proportional division of positions in DECs is impossible. Simultaneously, Head, Deputy Head, and the Secretary of a DEC shall be representatives of different parties.

The People's Initiative party received the biggest number of Heads in DECs. DECs #94 and #194 are headed by representatives of this party. Representative of the Raiduha green environmental party is a Head of the DEC #197. Head of the DEC #132 is affiliated in the Derzhava party. DEC #223 has a Head, belonging to the AUU Batkivshchyna. Sometimes, parties which didn't nominate any candidates in the corresponding district received their representatives heading the DECs. In particular, the People's Initiative didn't nominate any candidates in district #194, the Raiduha green environmental party in district #197, and Derzhava party in district #132.

AUU Batkivshchyna has three Deputy Heads (#132, 194, and 197).  Representatives of the UDAR and Spravzhnia Ukraina have Deputy Heads in districts #94 and #223 correspondingly.

Representatives of the Party of Regions (district #132), AUU Yedyna Rodyna (district #197), Youth Party of Ukraine (district #94), UDAR party (district #223), Spravedlyva Ukraina party (#194) were appointed by secretaries of the commissions.

Rotations in membership of DECs

Actions or inaction of members of DECs, which worked in 5 districts in 2012 were main reasons for the impossibility to determine the election results. The public should pay special attention to the new membership of DECs. Creation and first substitutions in DECs show that membership wasn't fully renewed (see the Table for details). As of October 29, the DECs have the same 12 persons (13% of the total number), which were appointed as members of district election commissions in 5 problematic districts in 2012.

In particular, a half of members of DEC #223 are the same people who worked in problematic districts in 2012. However, five of them were members of DEC #94 and have managed to change their party affiliation: the BRATSTVO party to the People's Order Party (A.V. Blanutsa), the Anarchists' Union of Ukraine to the Social Patriotic Assembly of Slavs (V.O. Lukianov), the Party of Regions to the Spravzhnia Ukraina (V.V. Matkovskyi), the Green Planet party to the Raiduha green environmental party (T.V. Alekseienko), the RUS YEDYNA to the People's Initiative (A.B. Chefranov). Another two members – representative of the UDAR and the CPU were members of the same DEC #223 from the same parties.

In the DEC #94, three parties were working in the same commission in 2012, but they represented the other parties. L.Yu Beresina has changed the AUU Yedyna Rodyna to the Party of Regions, N.A. Kovalenko changed the Ruskyi Block to the Peasant Party of Ukraine, and S.M. Lakyza changed the Our Ukraine to the UDAR party.

According to the results of drawing of lots, four persons (one third of the membership) were included to the DEC #194, where they worked in 2012. However, five of them were hastily substituted by parties which nominated them – the Raiduha green environmental party, Democratic Party of Hungarians of Ukraine, SDPU (u), Liberal Party of Ukraine, and People's Democratic Party of Ukrainian Patriots.

Executive positions in DECs were given to individuals, who were members of problematic districts: two from the UDAR (Secretary of DEC #223 and Deputy Head of DEC #94); two from the Batkivshchyna (Deputy Heads of DECs #132 and 194); one from the Spravzhnia Ukraina (Deputy Head of DEC #223).

The legislation doesn’t forbid members of DECs, which organized elections in 5 problematic districts in 2012, to be included in membership of DECs in 2013. Therefore, we may say that parties, which have submitted the same representatives for DECs, showed their level of their political responsibility. The problem is that, in contrast to influential parliamentary parties, small, so-called technical parties, may ignore the principles of political responsibility due to the temporary and simulative character of their activities.

The same negative practice of substitutions of commission members, which occurred in 2012, is detected on the very beginning of this year's election process. We remind that according to the Article 37(3) of the Law, subjects who made submissions on the inclusion of a commission member may make submissions on the substitution of this commission member.  In result, 33 members of DECs (37% of the total number) were substituted during the first days of DECs in 5 districts: 8 members were substituted in DECs #94 and 132; 5 in DEC #223; and 2/3 (12 members) in DEC #194. Besides that, most of these substitutions were initiated by small parties: Spravedlyva Ukraina party (3 substitutions), Youth Party of Ukraine (3), Derzhava political party (2), Ukrainian Marine Party (2), People's Initiative political party (2), Spravzhnia Ukraina political party (2), Raiduha green environmental party (2), Vitchyzna political party (2), Social Patriotic Assembly of Slavs political party (2), Ukrainian Cossack Party, Peasant Party of Ukraine, RUS YEDYNA political party, "Union. Chernobyl. Ukraine" Social and Ecological Party, Party of State Neutrality of Ukraine, Civil Solidarity party, KOZATSKA SLAVA party, Social Democratic Party of Ukraine (united), Liberal Party of Ukraine, People's Democratic Party of Ukrainian Patriots, and Women for the Future.

Such constant and widespread turnover in DECs considerably complicates the direst duties of the commission in preparation and conduct of the elections. Therefore, it may negatively affect important stages of the election process like creation of DECs and training of their members, registration of proxies of candidates and civic observers, distribution of ballot papers and other electoral documentation among PECs etc. 

Table 1  Rotation of member of district election commissions, which were members of "problematic" DECs during 2012 Parliamentary elections.

First meetings of the DEC

Not later than the third day after the CEC had passed a Resolution on their creation, DECs were supposed to conduct a first sitting. Commission members take an oath during this sitting, and then DECs acquire their powers. Previous elections have proved that the attendance of members is the biggest problem of first meetings. The absence of members on the first sitting of DECs is often becomes the reason of rotations in membership.

During the re-election of MPs of Ukraine, DECs conducted their first meetings in time. From 72% to 89% of commission members attended these sittings.  All the present members of DECs took an oath. Simultaneously, members of DECs #132 and 194 failed to fully follow the procedure. They didn't declare the oath, but only put their signature under its text. According to the Law of Ukraine on Elections of People's Deputies of Ukraine, members of district election commissions shall take an oath on the first sitting. A person who took an oath shall put the signature under the text of the oath, and this document becomes a part of documentation of the election commission. Therefore, the procedure provides mandatory declamation of the oath with further signing of its text.

Table 2 Attendance on the first sitting of DECs

According to the Article 33 of the Law of Ukraine on Elections of People's Deputies of Ukraine, meetings of election commissions are effective if more than half of their membership is present (10 of 18 people). Thus, first meetings of DECs #94, 194, 197, 132, 223 were legitimate. According to the article 31 of the Law, the DECs are in authority since not less than two-thirds of its members take an oath (2/3 (8 persons) of 12 members). Therefore, all the DECs have legitimately started their activities.

In some cases, some members of DECs present during the first meetings turned out to be insufficiently prepared to performance of their duties. In particular, Head of the DEC #132 had asked Deputy Head and the Secretary to conduct the first meeting because of little experience.

[4]   http://zakon4.rada.gov.ua/laws/show/v0079359-13