Local elections without qualitative law

The effective wording of the Law

Amendments, included to the Draft Law

Servicemen were deprived of the right to participate in the elections.

Servicemen living on the territory of the corresponding oblast, raion, or city, shall vote at regular polling stations, and get the leave of absence for this purpose for at least 4 hours (Article 7(3) of the Draft Law) (bill registered by R.P. Kniazevych).

The violation of voting secrecy wasn't precisely determined.

Taking pictures or videos of ballot papers with a vote in the polling booth, as well as the demonstration of voting result by a voter in polling place are prohibited, and are violation of the voting secrecy. (Article 7(1)) Members of election commissions and other persons mustn't perform any actions or divulge any facts which allow to determine the voting result of the certain voter (Article 7(2)) (bill registered by R.P. Kniazevych).

The Law didn't provide interpretation for the term "voting instead of other voter", necessary for criminal and judicial classification of electoral offenses.

The Law didn't provide voters with the possibility to ask the election commission to help with self-dependent filling in the ballot paper, or throwing it in the ballot box.

It is emphasized that the help with self-dependent filling in the ballot paper, or throwing it in the ballot box shall be provided only to the voters with special needs, and such assistance cannot be considered as voting instead of the voter.

Assistance to the voter with special needs, who cannot independently fill in the ballot paper or throw it into the ballot box, if such assistance is provided according to the declaration of voter's will, and according to the procedure determined by this Law, shall not be considered as voting instead of the voter (Article 8(1) of the Draft Law) (amendment submitted by the MP D.V. Zhvanii).

Stages of the election process are brought into the correspondence with stages of the election process during Presidential and Parliamentary elections.

Regular polling stations will function for the conduction of voting (Article 11(2) of the Draft Law) (bill registered by R.P. Kniazevych). New wording of Article 18 of the Draft Law (amendment proposed by MP R.P. Kniazevych, and MP N.V. Novak). According to the amendments, submitted by the MP R.P. Kniazevych, provided the procedure and possibility to create temporary polling stations. However, the VRU didn't support these amendments (amendments to the Article 11 and new wording of the Article 18). We think that the TECs should be able to create special temporary polling stations if the local elections are conducted simultaneously with the nationwide. Such regulation creates unequal opportunities during simultaneous conduction of local and national elections.

The Law regulates only the conduction of the national referendum simultaneously with the local elections. The effective wording of the Law doesn't provide the possibility to apply these legislative acts during simultaneous conduction of local, parliamentary, and presidential elections. Moreover, if the local elections and national referendum is going to be conducted simultaneously, the formation of election commissions and other issues are based on the law on local elections. Formation of election commissions on the basis of the law on local elections is contrary to the Law on Presidential elections (which provides that regulations of the national election campaign shall be of the highest priority).

Elections of Deputies to the Verkhovna Rada of Autonomous Republic of Crimea, Deputies of Local Councils, Village, Town and City Heads can be conducted simultaneously with the election of the President of Ukraine, and elections to the Ukrainian Parliament (Article 11(6) of the Draft Law) (amendment registered by MP D.V. Zhvaniia). In case the local elections are conducted simultaneously with elections of the President, the vote count should start from the Presidential elections (Article 71 (12)).

Official observers from civic organizations are not subjects of the election process. Observers from civic organizations had the same rights as observers from international organizations.

Official observers from civic organizations, which are registered according to the procedure determined by the Law, are subjects of the election process and have the corresponding rights, including the right to appeal violations of electoral legislation, and draw up a protocol on administrative violations (Article 12(1.5) of the Draft Law) (amendment registered by MP O.V. Chornovolenko, and MP Yu.V. Odarchenko) Registration of official observers is conducted by the TEC. (Article 25 (4.12) of the Draft Law)

The Draft Law contains a new Article 58-1, which regulates the status of official observers, and widens their rights. The rights of official observer from the civic organization are equal to the rights of official observers from the party (candidate). 

Civic organization can withdraw its observer or he can terminate his authority by submitting the corresponding appeal to the TEC.

The Law doesn't provide the time constraints for the appointment of early local elections.

Such decision is taken by the Verkhovna Rada of Ukraine within ninety-day period after the authority of Deputies to the Verkhovna Rada of Autonomous Republic of Crimea, deputies of local councils, village, town and city heads is terminated (Article 14(3) of the Draft Law) (amendment introduced by MP R.P. Kniazevych, MP D.V. Zhvaniia).

The Law provided the creation of TECs only in those city districts, where district city councils are created. Thus, 1 commission shall organize the voting and determine the election results in 997 polling stations in Kyiv, and in 372 in Dnipropetrovsk.

The creation of district TECs in cities, where district city councils are not created, is secured to implement responsibilities in the corresponding territorial electoral district during elections of mayors and city councilors. Such amendment is especially important in cities with population of more than million citizens, where a large number of polling stations are established within the authority of one TEC, which has the certain technical difficulties when establishing election results in all the territorial election districts during local elections.

District territorial election commission in the city (in cities with no district councils) fulfills the certain duties of the TEC (besides registration of subjects of the election process), transfers ballot papers to Precinct election commissions, establishes voting results during elections to the local city council in the corresponding territorial electoral district and provides these results to the corresponding city territorial election commission.

Commission's term of office counts separately from the commission members'. The term of office starts on the election day.

Precinct election commission's term of office starts on the day the decision on its creation is passed, and ends in fourteen days after the election day.

Precinct election commission is in office after the majority of its membership, determined during its creation, take an oath on meeting of the commission, which shall be conducted within two days after the decision on its creation was taken, and shall be convoked by the Head of Precinct election commission.

Term of office of Precinct election commission shall be terminated within five days after the results of local elections are officially published. Precinct election commission shall terminate its activities simultaneously with termination of its term of office

The election commission may not include parliamentary candidates , candidates for village, town, and city mayor, their authorized representatives, agents, authorized representatives of local party organizations that nominated candidates in multi-member district, official observers, officials and officers of state authorities, authorities of the Autonomous Republic of Crimea and local self-government, the military, judges and law enforcement officials, and citizens who are held in penal institutions, detention centers or have been convicted of a deliberate crime, if the record is not canceled and withdrawn in accordance with the law.

New categories of citizens who cannot become members of election commissions were added.

Citizens who were convicted for grave crime or especially grave crimes, violations of citizen electoral rights or corruption offense, if this conviction is not spent or invalidated according to the procedure determined by the law.

If other elections are conducted simultaneously with local elections, then nominated candidates, their proxies, authorized persons from parties, and official observers cannot be included in the membership of the election commission (Article 20(3) of the Draft Law) (amendment introduced by MP R.P. Kniazevych and D.V. Zhvaniia)

Chairman of the institution where special polling station is created cannot be members of precinct election commission which covers this polling station.

Employees of the institution where special polling station is created cannot be members of precinct election commission which covers this polling station (Article 21(4) of the Draft Law) (bill introduced by R.P. Kniazevych)

The number of members of territorial election commission from different parties is not equal. not more than 15 of 18 members from local organizations of political parties (blocks), factions of which are registered in the Apparatus of the Verkhovna Rada of Ukraine; not more than 3 members from the other political parties).

Unequal number of candidates which may be proposed by different subjects of the election process. Local organizations of political parties (blocks), factions of which are registered in the Apparatus of the Verkhovna Rada of Ukraine, may propose not more than three candidatures to the membership of the corresponding territorial election commission; other local organizations of parties – one candidacy each. Self-nominated candidates cannot submit any candidacies for commission members.

Not more than 15 candidacies, proposed from local organizations of political parties (blocks), factions of which are registered in the Apparatus of the VRU, can be included to the membership of territorial election commission. The candidacies which should be included to membership of territorial election commission are determined by the election commission of higher level in its corresponding decision.

Candidates from local organizations of parties (one candidacy from local organization of a party), which don't have a deputy faction in the VRU, are included to the TEC according to the results of the draw, conducted by the commission responsible for the formation of the corresponding territorial election commission.

The draw is conducted simultaneously in all the TECs.

The proposed wording also provides that candidacies submitted from local organizations of parties, represented in the Parliament, are prioritative. Self-nominated candidates cannot submit any candidacies for commission members. Such approach of the lawmaker leads to the certain conservation of political elites not only on the national, but also on local level, and creates unequal opportunities for parties, which concentrate their activities in the certain regions.

No possibility to create party blocks for nomination of candidates.

Similarly to the previous wording, local organizations of parties, represented in the parliament, can submit up to three candidacies to the corresponding territorial election commission; local organizations of other parties may submit only one candidacy each.

Thus, despite the new wording doesn't provide the formation of membership out of 15 (from local organizations of parliamentary parties) and 3 (from local organizations of non-parliamentary parties), this division remains the same. According to the Draft Law, the candidacies, submitted by local organizations of parliamentary parties, are mandatory included to the membership of the territorial election commission.  Thus, as long as there are 5 parliamentary factions in the VRU, their local organizations will get 15 (of 18) members of election commission, and only 3 candidacies are distributed between local organizations of parties, represented in the Parliament, by drawing of lots.

The separate draw for every election commission is a plus. Such regulation prevents falsifications during the draw (Article 22 (1-3) of the Draft Law) (bill introduced by R.P. Kniazevych)

Submitted list of candidates for the TEC contain the signature of the leader of local party organization and stamp of this organization or organization of higher level.

Besides local organization of the party, the list of candidates for the TEC may be submitted to the corresponding election commission by the central executive body of the corresponding party, signed by the party leader and containing stamp of the party, according to the procedure, provided by this Law for the local organization of the party. In this case, if there is the list submitted by local organization of the party, it is rejected; the candidacies are not included to the election commission, without the decision on rejection of the submission.

On the one side, such regulation is hazardous for local party organizations, which may disregarded during formation of election commissions; it introduces the strict party discipline, depriving local leaders of the chance to take into consideration local peculiarities when realizing policy of the party. On the other side, such regulation would stop persons, who are formal leaders of local party organizations, but are employees of another political party in fact.

With other documents submitted with the list of candidacies, the copy of registration certificate of local organization of the party, certified by a territorial body of the state central executive body, authorized to register (legalize) associations of citizens, or certified by a notary, should be submitted after the official announcement of the election process.

If the list of candidacies for the membership of territorial election commission is submitted by the central administrative body of the party, the copy of registration certificate of the party, certified by the state central executive body, authorized to register (legalize) associations of citizens, or certified by a notary, should be submitted with it after the official announcement of the electoral process.

(Article 22(10) of the Draft Law) (bill submitted by R.P. Kniazevych)

The TEC decides which individuals should be included to the membership of precinct election commission, with consideration of their experience in election commissions, and referendum commissions.

The procedure of drawing lots is conducted separately for every commission.

However, candidacies from parliamentary parties (one from each party) are mandatory included without participation in the draw. (Article 23(1) of the Draft Law) (bill submitted by R.P. Kniazevych)

Once more, such regulation creates unequal opportunities for parliamentary and non-parliamentary parties, and for candidates.

The candidacies for members of PECs may be submitted by the central administrative body of the party, and if the local organization of the party has managed to submit it's list befor, it won't be taken into consideration. (Article 23 (4) of the Draft Law)

On the one side, such regulation is hazardous for local party organizations, which may disregarded during formation of election commissions; it introduces the strict party discipline, depriving local leaders of the chance to take into consideration local peculiarities when realizing policy of the party. On the other side, such regulation would stop persons, who are formal leaders of local party organizations, but are employees of another political party in fact.

There no regulations for simultaneous conduction of local and national elections.

In case local elections are conducted simultaneously with presidential or parliamentary elections, precinct election commissions are not formed, and the corresponding precinct election commissions created for presidential elections, which cover regular and special polling stations in stationary medical institutions, should fulfill their duties. (Article 23 (9) of the Draft Law)

The meeting of election commission is called by its head or deputy head if the head is absent. The meeting of the election commission may be called by the election commission of higher level if it's necessary.

The meeting may be called by the secretary of the commission, if its head and deputy head are absent. The meeting of the election commission can be called upon the written request of one third of its membership. In this case, head of the commission or his deputy head shall call the meeting of the committee not later than the next day after receiving such demand (Article 27(2) of the Draft Law).

The regulation which provides that the first meeting shall be conducted on the third day after formation of a committee, doesn't correspond to the last wording of the Law of Ukraine on the Election of the President of Ukraine, which provides that the first meeting shall be conducted on the second day after its formation.

Quorum of the commission for the election day is determined according to the number of present members, but not less than three persons. According to this regulation, only three people could compile vote count protocols and clarifying protocol.

The quorum for the election day is determined from the total number of commission members (Article 27(4) of the Draft Law) (bill submitted by R.P. Kniazevych)

Commission members are provided with draft decisions of the commission and all the necessary materials, usually on the day when commission gathers.

Increasing duration of the election process. Members of the election commission are provided with draft decisions of the commission and all the necessary materials, usually not later than on the eve of commission's meeting, before the meeting is the hard deadline. (Article 27 (6) of the Draft Law)

Amendments to the voter list could be made upon the decision of the court.

Amendments to the updated voter list cannot be made during the election day. On the eve of the election day, after amendments and updates are made to the final voter list on the basis of court decisions and notifications of the State Voter Register maintenance body, the voter list shall be closed and all blank sections in it should be crossed out in order to prevent inclusion of additional voters to it, the Head (chairing the meeting) and secretary (of the meeting) of the precinct election commission shall sign it and the seal of the precinct election commission shall be placed. (Article 33 (2.3) of the Draft Law)

Nomination of candidates from parties only.

Candidates may be both from parties and self-nominated.

Only local office of the party may nominate candidates.

The right to nominate candidates for village, town, or city heads, as well as for members of local councils, may be realized by the central administrative body of a party instead of its local organization. If there is the list submitted by local organization of the party, it is rejected; the candidacies are considered, decision on rejection of the submission is not adopted (Article 35920 of the Draft Law).

Thus, such regulation allows the nomination of absolutely different candidates from those supported by local organization of a party during local elections. There is a threat that people not familiar with local problems will be nominated. In fact, any person can get a top place in the list for any elections through the central office and with the help of corruption. On the other side, such policy is a way to oppose local organizations, which include individuals who either don't support ideology of the party or candidate, or work for another party or candidate.

To our mind, negative consequences of this regulation are greater than possible positive outcomes.

Strict procedure of candidate registration

Inaccuracies in documents cannot be a reason for refusing registration of a candidate, and the potential subject of the election process has enough time to correct them (Article 42(6, 7) of the Draft Law)

Candidates' registration can be canceled after two warnings concerning violation of electoral legislation

It's proposed to liberalize candidates' responsibility and limit it to the warning, or criminal/administrative penalty, similarly to the laws on parliamentary and presidential elections.

Candidate has the right to be nominated in both nationwide and single-mandate district simultaneously

Candidate has the right to choose where to be nominated – in nationwide, or single-mandate electoral district

Cancellation of candidate's registration upon his request – in 5 days before the election day

Cancellation of candidate's registration upon his request – in 11 days before the election day

Imperfect and vague wording of regulations concerning election campaigning

The law contains even those regulations, which, unfortunately, were not included to the new wording of the Law on Election of the President. Thus, its forbidden to place political advertising: outside and inside of public transport, including taxi; inside and outside of subways, bus and railway stations, ports and airports. It's also forbidden to spread political advertising and campaigning through TV and radio broadcasting or other information networks for notification of passengers, as well as on information boards on subway stations and in subway carriages, in bus and railway stations, ports and airports, inside of public transport. The support of candidates nominated for local elections, provided by local organization of a party, conduction of concerts, performances, sports competitions, film show, TV programs and other public funds, as well as conduction of abovementioned events in support of the local organization of the party, may be financed exclusively from electoral fund account of the party.

Similarly to the new wording of the Law on Election of the President, it's forbidden to place political advertising in the same block where commercial or social advertising is placed. All the materials of election campaigning should be divided from other materials, and have the corresponding marking. It's forbidden to conclude contracts on conduction of election campaigning with the voters, financed from the electoral fund; it's forbidden to establish different terms for lease of premises for campaigning activities for different candidates for village, town, or city heads, from local organizations of parties which are subjects of the election process;

(Article 53 of the Draft Law)

Voting is held from 8am to 10pm.

Voting is held from 8am to 8pm (Article 69(1) of the Draft Law).

In case this amendment is not adopted, the legislative collision will emerge with the Law on Election of the President, as long as it's impossible to finish the voting at different time if two types of elections are conducted simultaneously.

At 7:55pm, the Head of precinct election commission announces that the voting is about to finish, and that the polling station will be closed at 8pm. The voters, who came to the polling station at 8pm have the right to vote (Article 79(16) of the Draft Law)

The procedure for compiling extract from voter list contains vague and estimate terms.

The procedure of compiling extract for voting at the place of stay.

The appeal should be written with one's own hand. It should be submitted with a certificate from a medical institution concerning the voter's health condition, and registered by the election commission in a separate journal. (Article 70 (5) of the Draft Law)

At special polling stations, created in stationary health care institutions, in order to vote at the place of stay, voters should write an appeal asking to secure their right to vote at the place of stay in connection to his/her need to stay on bed rest. (Article 70 (7) of the Draft Law)

Members of the PEC are obliged to check the fact of voter's temporary inability to move independently. In case the fact of voter's temporary inability to move independently is not confirmed, the precinct election commission shall take a decision to reject the voter's appeal for voting at the place of stay (Article 70(8) of the Draft Law) (amendment #231 submitted by R.P. Kniazevych and D.V. Zhvaniia)

There is a paragraph "I don't support any party (candidate)". According to the assessment of international experts, such paragraph negatively influences the formation of voters' will.

The paragraph "I don't support any party (candidate)" R.P. is deleted (Article 71(32, 35) of the Draft Law) (bill submitted by R.P. Kniazevych)

Reasons for recognizing the voting void: the facts of illegal declaration of intent; impossibility to establish voting results; the number of ballots in ballot boxes exceeds the number of people who received ballots for more than 10%.

The threshold for recognizing the elections void was decreased to 5%. The list of grounds for consideration of voting void hasn't changed (Article 73(1) of the Draft Law) (bill submitted by R.P. Kniazevych)

Some procedural regulation, applied during parliamentary and presidential elections, were not established in the law on local elections.

Official observers have the right to receive a copy of protocol on transference of ballots to TECs and DECs (Article 67(8) of the Draft Law); (Article 59(6) of the Draft Law – amendment #205 submitted by MPs V.V. Karpuntsov, N.V. Novak, P.O. Rizanenko, and I.V. Herashchenko)

In case seal on the safe (metal box) is damaged, or the signatures or stamps are inconsistent, the act shall be drawn up. (Article 67 (12) of the Draft Law)

In case the amendments are introduced not in correspondence with the decision of the election commission, the ballot papers shall be packed as "Spoiled", and considered as unused during the vote count. (Article 67 (16) of the Draft Law)

Preparatory sitting shall start in 45 minutes, but not in an hour, established by the effective wording of the Law. (Article 69 (4) of the Draft Law)

During compilation of extract from voter list, the mark "votes at the place of stay" shall be put in the column "signature". After the conduction of voting at the place of stay, member of precinct election commission, who issued ballot papers to the voter, shall put the the mark "voted at the place of stay", his surname and signature. (Article 70 (16) of the Draft Law)

The requirement on the location of the secretary and members of PEC, which are not involved in the transportation to the PECs. Location of the seal in the safe.

Official observers didn't have the right to appeal against the EC

Official observers have the right to appeal against the EC (Article 85 (1.1) of the Draft Law)