Approved

by the Resolution # 121, of the Central Commission

on elections and referenda

of the Kyrgyz Republic

dated June 26, 2020

THE REGULATIONS

on the organization and procedure of voting and establishment of voting results by election commissions in the election of deputies of the Jogorku Kenesh of the Kyrgyz Republic

 

1. General provisions

2. Organizational measures to prepare for the voting process. Basic requirements for the equipment of the voting premises

3. Organizational measures to ensure that citizens are informed

4. The accessibility of the polling place for voters with disabilities

5. Ensuring security at the polling station and in the voting premises

6. Measures to comply with sanitary and epidemiological safety and protect the health of citizens

7. Voting procedure outside the voting premises

8. Actions of the precinct election commission on election day before the start of voting - voting procedure

9. The counting of votes. Establishment of voting results by precinct election commissions

10. Establishment of voting results by territorial election commissions in the respective territories

11. Procedure for determining election results

12. Official publication of election results

1. General provisions

1. This provision "on the organization and procedure of voting and establishing the results of voting by election commissions in the election of deputies of the Jogorku Kenesh of the Kyrgyz Republic" (hereinafter - Provision) regulates the procedure for organizing voting, preparing premises and equipment for voting, including the use of innovative technologies, counting votes, determining the results of voting by precinct and territorial election commissions, as well as ensuring security when citizens exercise their electoral rights during elections of deputies to the Jogorku Kenesh of the Kyrgyz Republic.

2. The purpose of this Provision is to ensure free, fair, transparent and impartial elections in the Kyrgyz Republic, exercise of electoral right of citizens, maximum objective recording of the voters’ will and summing up of voting results at polling stations, relevant territories and determining the results of elections.

3. The current Provision is based on the requirements of the Constitution of the Kyrgyz Republic, Constitutional Law of the Kyrgyz Republic "On elections of the President of the Kyrgyz Republic and Deputies of Jogorku Kenesh of the Kyrgyz Republic"(hereinafter constitutional Law), laws and other regulatory legal acts of the Kyrgyz Republic, acts of Central Commission for elections and referenda of the Kyrgyz Republic (further - Central election Commission).

2. Organizational measures to prepare for the voting process. Basic requirements for the equipment of the voting premises

4.The organization of the voting process is entrusted to the election commissions in accordance with the legislation. State and local self-government bodies, state and municipal institutions, organizations, and enterprises, as well as their officials, assist them in preparing and conducting the voting process. Election commissions, within the powers established by the legislation, organize preparations for voting, prepare voting premises, equip them in accordance with the regulatory requirements for voting, record the process of expressing the will of voters, including the use of innovative technologies, count votes, establish voting results and determine the results of elections.

5. The system of election commissions of the Kyrgyz Republic for the preparation and conduct of elections of deputies of the Jogorku Kenesh consists of:

1) the Central Election Commission

2) the Territorial Election Commissions

3) the Precinct Election Commissions.

The legal status, organization, and procedure of activities, as well as guarantees of independence of election commissions are established by laws and other regulatory legal acts.

State and local self-government bodies, as well as their officials, are obliged to assist election commissions in the exercise of their powers: to provide the necessary equipment, vehicles, telephone facilities, including facilities for storing technological equipment (stands, boxes, voting booths, etc.), election documents prior to their transfer to a higher election Commission or archive, as well as to ensure their protection; provide the necessary information and materials, respond to requests of election commissions related to the preparation and conduct of elections, referenda without delay, if necessary, additional study of the relevant issue or verification - within three days, and on voting day or on the day following voting day - immediately.

Political parties and other non-profit organizations, other legal entities are obliged to provide election commissions with the necessary information and materials related to the preparation and conduct of elections within two working days during the preparation of elections, and on voting day or the day following voting day – immediately.

In case of non-fulfillment or improper fulfillment of requirements, as well as violation of deadlines established by law, officials of state and local self-government bodies, political parties, other non-profit organizations, and other legal entities are liable in accordance with the law.

6. The voting premises are provided free of charge for the use of the precinct election commission by state bodies, local self-government bodies.

The building where the voting room is located must have a sign indicating the number of the polling station. At the entrance to the premises there should be a sign indicating the hours of operation of the precinct election commission, and the same sign should be placed at the entrance to the building in which the premises of the precinct election commission are located.

Voting premises must meet the relevant fire safety and sanitary standards and be convenient for voters.

The voting room contains specially equipped booths equipped with lighting system and supplied with writing materials, monitors, other necessary equipment and voting boxes.

The lighting system must have an alternative power source, lights and candles. If electric lighting is turned off, voting is suspended until it is resumed (at the expense of the main or alternative source). In this case, in order to effectively monitor the work of the precinct election Commission, observers and representatives of political parties have the right to stay from the voting boxes and voting booths at a distance that provides a full view of the actions of the election Commission and the performance of their functions.

In the voting premises, automatically reading ballot boxes are placed as stationary ballot boxes.

The voting premises must be equipped in such a way that the places where ballots are issued, booths, monitors, other necessary equipment and voting boxes are within the field of election Commission members, representatives of political parties, and observers’ view.

The voting premises, along with the technological equipment and materials necessary to ensure voting, must also contain technical equipment: desks, chairs, cabinets for papers and clothes, safe or metal cabinet, materials for sealing ballot boxes and election documents, seal of the precinct election commission, calculator, stationery, telephone.

On the walls, behind the members of the election commission who work with the voter lists or on the tables, should be plaques indicating the letters of the voters' alphabet or the sequential number of voters in the voter list. (For example: 1-500; 501-1000, etc.).

7. In the voting premises of the precinct election commission must hold an enlarged form of the protocol on the voting results intended for entering the data on the voting results in it as they are established. An enlarged form of the protocol of voting results is posted before the start of voting.

The premises of the territorial election commission must hold an enlarged form of the protocol on voting results and a summary table designed to enter data on the voting results in it as the protocols on the voting results are received from each PEC. An enlarged form of the protocol of voting results is posted before the start of voting.

The protocol of voting results is a document of strict accountability, the form and degree of protection are determined by the Central Election Commission.

The form and procedure for filling in the protocols on voting results by precinct and territorial election commissions shall be established by the Central Election Commission.

3. Organizational measures to ensure that citizens are informed

8. In the voting premises, the election commission shall equip a stand where information materials about all political parties that have registered the lists of candidates are placed. These materials should not contain campaign appeals. The stand also displays samples of filled-in ballots, which should not contain the names of political parties. This sample is also recommended to be placed in secret voting booths.

9. Information about registered political parties included in the ballot shall be placed in information materials in the same sequence that was determined when the form and text of the ballot was approved.

10. The information stand may display extracts from the Constitution, laws of the Kyrgyz Republic, criminal legislation, legislation on violations in terms of the norms establishing responsibility for violation of election legislation.

These materials are placed by precinct election commissions so that voters can freely read them.

11. Local self-government Bodies are obliged to allocate and equip special places for posting campaign materials at each polling station within 10 calendar days from the date that the elections were called. Political parties should be provided with equal conditions for publishing campaign materials. Places for placing campaign materials should be convenient for voters to visit and located in such a way that voters can get acquainted with the information posted on them.

4. The accessibility of the polling place for disabled voters

12. The voting Premises must meet the requirements of disabled voters for unhindered entry and voting, including convenient access and pedestrian paths, special parking areas for personal vehicles, placement of voting premises on the ground floors of buildings or the presence of elevators, wide door openings, ramps (if it is impossible to install a ramp, equip with a call for help button), flooring, tactile signs, sufficient lighting.

The equipment in the voting premises (tables, booths, and ballot boxes), as well as information stands should be located taking into account the availability and the need to ensure the secrecy of voting. Voting booths must meet the parameters that allow voters using a wheelchair to enter freely, and be equipped with optical correction devices (magnifiers, illuminated magnifiers, etc.), additional lighting, a chair, and a special stencil.

To inform voters with visual disabilities, materials in large print and (or) using Braille are placed on the information stand.

13.In order to ensure conditions for the exercise of the electoral rights of disabled voters and to ensure the maximum possible accessibility of voting premises, the relevant election Commission, together with the territorial divisions of the authorized state body in the field of social development, shall draw up a map of the needs of disabled voters no later than 60 calendar days before the voting day.

Based on the results of drawing up the needs map, the relevant election Commission will, no later than 50 calendar days before the voting day, check the voting premises for compliance with the needs of disabled voters specified in the needs map, with the involvement of local self-government bodies and representatives of public organizations of disabled persons.

If the voting premises are not equipped with special devices for the entrance of disabled voters, the relevant election Commission shall send an appeal to the relevant local self-government bodies no later than 40 calendar days before the election day to take measures to ensure that the voting premises are accessible to persons with disabilities.

Local self-government bodies, as well as their officials, are obliged to take appropriate measures immediately in case of an appeal from election commissions. Failure to comply with the request of the election Commission shall entail liability established by law.

 

5. Ensuring security at the polling station and in the voting premises

 

14. Fire safety is one of the main requirements for the location of the polling station. Therefore, the head of the local state administration, the head of local self-government (the mayor of the city, the head of the aiyl okmotu), the election Commission should take into account the following when choosing a polling place:

- The presence in the premises of a functional and operational automatic fire alarm system and a fire alarm and evacuation management system in case of fire

- availability and maintenance of emergency exits in accordance with fire safety requirements

- availability of primary fire extinguishing equipment

- availability of an evacuation plan in case of fire (including from the voting premises).

The Chairman of the precinct election commission appoints persons responsible for fire and sanitary safety from among the members of the commission and distributes responsibilities for the election period among the members of the precinct commission (who is responsible for protective equipment and disinfection, evacuation of voters, who ensures the safety of election documents, who reports a fire to the fire department, etc.).

Before handing over the premises to the precinct election commission, the head of the facility where the polling station is located must ensure full compliance with the requirements of the state fire supervision authorities, including setting the appropriate fire protection regime by order, checking the serviceability of the internal fire-fighting water supply (if any), lighting and power networks, testing automatic fire protection systems, ensuring the availability, serviceability and constant readiness to use primary fire extinguishing means, to instruct the members of the election commission and the staff involved in the maintenance of the precinct under the signature on fire safety measures and actions in case of fire, together with the chairman of the election commission, and to acquaint them with the location of premises, evacuation routes, emergency exits, locations of primary fire extinguishing equipment, telephone communications and warning devices.

Floor plans (schemes) for evacuation of people in case of a fire, instructions on compliance with fire safety requirements and instructions defining the actions of service personnel and members of the election commission to ensure the evacuation of people, ballots and property should be posted in prominent places.

Each telephone unit has a plate with the telephone number of the nearest fire department.

In the event of a power outage, the polling station building is provided with alternative power sources, lanterns, and candles.

Lamps in voting booths are installed on a non-flammable base with an incandescent lamp power of no more than 60 W.

Premises not related to elections should be closed.

It is forbidden to block up passages and corridors, place retail outlets on the evacuation routes.

The premises of the polling station are provided with fire extinguishers. Smoking is not allowed in polling stations.

The condition of the electrical equipment must be verified by a specialist, and the identified deficiencies must be eliminated before the election begins.

The Chairman of the precinct election Commission is obliged to inspect the premises and make sure of their fire safety before the start of elections.

During the preparation period for the operation of the polling station, stove heating in buildings (if any) is checked and, if necessary, repaired in accordance with the requirements of fire regulations and rules. The furnace ends no later than one hour before the start of the polling station work.

Fire hydrants, reservoirs and water bodies located near the buildings of polling stations must be in good condition, filled with water, indicated by appropriate signs, insulated in winter, free of ice and snow.

15. On the eve of the voting day, the precinct election commission must take all measures to ensure the security of work on the voting day. Employees of internal affairs agencies provide substantial assistance to election commissions in this regard. To ensure security of precinct election commissions work., the internal affairs bodies implement a set of measures to protect the premises of precinct election commissions and election documentation.

The most important task of the internal affairs bodies is to ensure security of precinct election commissions work. A set of measures is being implemented for this purpose:

-  on escorting ballot papers from a higher election commission to a precinct election commission and back

- on the protection of premises of precinct election commissions, equipment, and election documents

- on providing assistance to members of precinct election commissions on the day of voting at the polling station and in the voting premises and after the end of voting time in carrying out their legal activities, including if they are opposed or threatened;

- on interaction with precinct election commissions in identifying and eliminating violations of electoral legislation.

16. The chairman of the precinct election commission monitors the order in the polling station. In cases of violation of public order in the voting premises, the chairman of the precinct election commission has the right to seek assistance from law enforcement officials to ensure public order in the polling station. After restoring order, internal affairs officers must leave the voting premises. The orders of the chairman of the precinct election commission, issued within the limits of his authority and not violating the rights of the subjects of the electoral process, are mandatory for all those present in the polling station. In the absence of the chairman of a precinct election commission, his powers are performed by the secretary of the precinct election commission or another member of this commission authorized by it.

Access to the voting premises must be carried out in such a way that there is no congestion of voters that hinder observation by representatives of political parties.

17. A member of a precinct election commission is immediately suspended from participation in its work, and an observer and other persons are removed from the polling station if they attempt to obstruct the work of the election commission or the exercise of their electoral rights by a citizen of the Kyrgyz Republic, as well as violate the secrecy of voting. The decision on this is made by the precinct election commission in writing. At the same time, the commission has the right to apply to the relevant authorities with a proposal to bring these persons to justice, provided for by the legislation of the Kyrgyz Republic.

18. State and local self-government bodies, state and municipal institutions and enterprises, as well as their officials, are obliged to ensure public safety, uninterrupted operation of public transport, communications, electric lighting, and heating of voting premises on election day.

19. Facts about violations of electoral legislation are immediately reported to the operational response coordination group of the relevant election commission through the available communication channels.

The premises of the precinct election commission shall be protected by internal affairs officers in agreement with the chairman of the precinct election commission after the receipt of the election documentation by the commission: lists of voters, and round-the-clock security-after receipt of ballots for storage in the premises of the precinct election commission.

The location of the internal affairs officer is determined in agreement with the chairman of the precinct election commission (as a rule, in the premises of the precinct election Commission where the election documentation is stored).

6. Measures to comply with sanitary and epidemiological safety and protect the health of citizens

20. Precinct election commissions during the preparation and conduct of elections in the midst of a viral infection that carries risks to the life and health of citizens should take the following actions:

- before the start of voting and every hour during the voting period, disinfect the voting premises

- constantly ventilate the voting premises (compliance with the air change rate)

- at the entrance to the polling station, measure the temperature of each voter and other subject of the electoral process, and disinfect hands

- grant medical masks and disposable gloves, monitor compliance with the mask regime in the voting premises by all participants in the electoral process

- create conditions and ensure social distancing regime at least 1,5 meters between participants in the electoral process

- periodically clean the surface of the equipment with disinfectants.

7. Voting procedure outside the voting premises

 

21. Voters who are included in the voter lists, but due to health or disability cannot come to the polling station to vote; voters who are in hospitals on election day, in places of detention of suspects and accused; voters temporarily residing in places located in remote and hard-to-reach areas, in areas of animal husbandry; as well as in exceptional cases, by the decision of the relevant election Commission, military personnel serving on election day in military units located in isolated places remote from settlements, employees of internal affairs bodies serving on election day, voters working at enterprises with a continuous work cycle, the list of which is approved by the Central election Commission, voters working on a shift basis. Precinct election commissions are obliged to provide such voters with the opportunity to vote outside the voting premises one calendar day before the voting day.

22. Voting outside the polling station is conducted only one calendar day before the voting day, from 8 am to 8 pm and only on the basis of a voter's written application to allow him  to vote outside the polling station. A voter's application can be made at any time after the formation of a precinct election commission, but no later than 3 calendar days before voting day. The precinct election commission registers all submitted applications in a special register. The application for providing the opportunity to vote outside the polling station must indicate the reason why the voter cannot come to the polling station and the information about the voter.

23. A precinct election commission must have the necessary number (but not more than three) of mobile ballot boxes. Voting outside the polling station is conducted by members of the precinct election commission together with the operator, who receive the required number of ballot papers against signature, as well as pre-sealed (sealed) mobile boxes. Voting outside the polling station is conducted in the presence of representatives of political parties, observers, representatives of the mass media.

24. The precinct election commission shall draw lots at its meeting 2 days before voting to determine the members of the commission (at least two members of the precinct election commission) who will organize voting outside the polling station. The chairman and secretary of the precinct election commission do not participate in the drawing of lots.

2 days before voting day, the precinct election commission at its precinct is obliged to post the register of voters who have submitted a written application to allow them to vote outside the polling station.

25. The chairman of the precinct election commission presents for inspection to the members of the precinct election commission, as well as to present observers, representatives of candidates, political parties, and mass media empty voting boxes outside the premises, which are sealed (sealed) with the seal of the precinct election commission. Then the chairman of the precinct election commission puts control sheets into the sealed voting boxes, which indicate the number of the polling station, the time when the control sheets were put in the voting boxes, the names of the chairman, secretary and other members of the precinct election commission, representatives of the political parties present who have nominated the lists of candidates. Control lists are signed by these persons and certified with the seal of the precinct election commission.

26. Upon arrival to the voter, members of the precinct election commission together with the operator carry out identification of the voter based on his biometric and personal data. After that, a member of the precinct election commission gives him a ballot paper in exchange for a check. When issuing ballot paper, a member of the precinct election commission determined by drawing lots registers the voter in the paper list of voters, puts down the series and number of the voter's identity document, and signs it for the issue of the ballot paper. The voter checks the correctness of the made record and signs the paper list of voters.

27. The voter shall fill in the ballot paper in a special place where the presence of other persons is not allowed. A special place should be selected considering ensuring the secrecy of the voter's will when filling out the ballot paper and the possibility of control by members of the election commission and observers over the voter's actions.

If a voter due to his limited health or medical condition is unable to sign for the receipt of ballot paper or fill out ballot paper on his own, he is entitled to use the help of another voter for this purpose.

28. The series and number of the passport or identity document of the voter who voted outside the polling station shall be entered into the voter list and at the same time the appropriate column of the voter list shall be marked “Voted outside the polling station”

29. At the end of voting outside the premises, the slot of mobile voting boxes shall be sealed with a sheet of A4 paper signed by the chairman, secretary and other members of the precinct election commission, observers and sealed with the seal of the precinct election commission. Mobile boxes are stored in a safe (cabinet), which is sealed additionally.

An act containing information on the number of applications for voting outside the premises, the number of voters who voted, the number of issued ballot papers, the number of receipts, the number of unused ballot papers and the number of returned spoiled ballot papers shall be drawn up and signed by all present members of the precinct election commission, representatives of political parties and observers. Each person who was present at the drawing up of the act, immediately after signing the act, is issued a copy certified with the seal.

30. The votes of voters who voted outside the premises shall be counted at the end of voting in the voting premises in accordance with the procedure and conditions established by the constitutional Law.

 

8. Actions of the precinct election commission on election day before the start of voting - voting procedure

 

31. Voting on the day of elections of deputies of the Jogorku Kenesh of the Kyrgyz Republic is held from 8 am to 8 pm local time. Voting outside the Kyrgyz Republic is held from 8 am to 8 pm in the local time of the country where the vote is held.

Precinct election commissions are obliged to notify voters about the time and place of voting no later than 10 calendar days before voting day through the mass media or otherwise, and in case of repeat voting - no later than 7 calendar days before voting day.

31. On election day, before the start of voting, at 7 am, the precinct election commission at its meeting in the voting room draws lots to determine the members of the commission who will:

- identify citizens in the electronic voter list

- register citizens on a paper voter list

- issue ballot papers;

- exercise control over the passage of voters into the booths for secret ballot, the lowering of ballots into ballot boxes.

At the same time, the Chairman and Secretary of the precinct election Commission do not participate in the drawing of lots.

32. The chairman of the precinct election commission, in the presence of members of the precinct election commission, representatives of political parties and observers, opens a sealed safe (cabinet) containing the list of voters of the given precinct, ballots and the stamp of the precinct election commission, as well as documents on the results of voting outside the premises; removes from the safe (cabinet) a paper voter list, other necessary equipment with an electronic voter list, announces the number of voters included in the voter list, makes it possible to visually see and compare paper and electronic voter lists to those present, then distributes it to the members of the precinct election commission who are responsible for voter registration and filling out a paper voter list on election day. In accordance with the legislation, voter lists are compiled in electronic and paper form and are handed over to precinct election commissions in due time. The electronic voter list is in a special device.

33. The chairman of the precinct election commission presents for inspection to the members of the precinct election commission, as well as to present observers, representatives of candidates, political parties, and mass media empty voting boxes outside the premises, which are sealed with the seal of the precinct election commission. Then the chairman of the precinct election commission puts control sheets into the sealed voting boxes, which indicate the number of the polling station, the time when the control sheets were put in the voting boxes, the names of the chairman, secretary and other members of the precinct election commission, representatives of the political parties, and observers, after which the ballot boxes are sealed with the seal of the precinct election commission. Control lists are signed by these persons and certified with the seal of the precinct election commission.

34. The chairman of the precinct election commission announces the number of ballots received from the higher election commission and issued for voting outside the premises. The members of the precinct election commission in the presence of representatives of political parties and observers recount and announce the number of ballots, then the chairman of the precinct electoral commission presents them for visual inspection persons present and record the number of ballots received by the precinct election commission from the higher election commission into the protocol on voting results and its enlarged form.

35. After recounting the ballot papers, the chairman of the precinct election commission hands over 100 ballot papers per each precinct election commission member, who sign for their receipt and are responsible for issuing the ballot papers.

36. At the polling station, the members of the precinct election commission, determined by drawing lots together with the operators, identify the voter by his biometric and personal data using identification equipment. Voter identification should be conducted at a distance and in an environment that provides political party representatives and observers with an overview of the voter identification procedure and monitor.

The voter's consent is not required to identify a voter by his biometric and personal data.

A monitor must be installed in the polling station in a place accessible for visual control by observers and representatives of political parties.

Meanwhile, the following information is displayed on a monitor that is visible to representatives of political parties and observers:

- the total number of citizens included in the voter list at a given polling station

- the number of voters who have been identified and received a receipt for identification at this polling station at the moment

- photo of a voter undergoing identification

- other information determined by the Central election Commission together with the authorized state body, in accordance with the technical capabilities of the equipment.

After the voter is identified, the receipt is printed. The voter presents the receipt to a member of the precinct election commission, who gives him a ballot paper in exchange for a receipt.

In each case when the equipment refuses to identify a voter who is on the final list of voters for a given polling station and does not issue a receipt for identification, if all the identification measures taken repeatedly failed, the member of the election commission responsible for the identification process informs the chairman, and then draws up a certificate of equipment refusal in two copies. The act is signed by the member of the election commission responsible for controlling the identification process, the operator, and the relevant voter. One copy is handed to the voter, and the second copy remains with the election commission, which, after the official publication of the election results, sends these acts to the relevant state bodies for action. In this case, the voter is not allowed to vote.

If a voter receives a ballot paper without a receipt, the corresponding member of the precinct election commission shall be liable under the law.

37. Information on the number of voters is transmitted to the territorial election commission every 2 hours, the system administrator of the territorial election commission enters and automatically publishes the received data on the official website of the Central Election Commission. The final information on the number of voters who voted, based on the number of checks issued, is transmitted to the Central Election Commission immediately after the closure of polling stations, but before the ballot boxes are opened.

38. When issuing ballot papers, a member of the precinct election Commission determined by drawing lots registers the voter in the paper  voter list , affixes the series and number of the voter's identity document, and signs it for the issue of the ballot.

39. Each voter votes personally, voting for other voters is not allowed.

40. Ballot papers are issued to voters included in the list of voters upon presentation of the voter's identity document and the receipt issued after identification. Voter identification documents include: all types of national passports of a citizen of the Kyrgyz Republic established by law.

41. Upon receipt of a ballot paper for voting, the voter checks the correctness of the entry made and signs in the paper voter list.

42. The voter shall fill out the ballot paper in a specially equipped booth or other specially equipped place where the presence of other persons is not allowed. A specially equipped booth or a specially equipped place must be installed or manufactured in order to ensure the secrecy of the voter's expression of will when filling out the ballot and the possibility of control by members of the election commission and observers over the actions of the voter. Ballot boxes must be located at a distance of no more than one and a half meters from the nearest specially equipped voting booth, so that persons in the voting room cannot recognize the mark on the ballot paper.

43. The voter shall put an appropriate mark on the ballot paper in the square relating to the political party in favor of which the choice was made, or to the position "Against all".

44. If a voter believes that he has made a mistake when filling out a ballot paper, he has the right to apply to the member of the precinct election commission who issued the ballot paper with a request to issue him a new ballot paper instead of the spoiled one. A member of a precinct election commission gives him a new ballot paper, making a corresponding mark in the voter list against the name of this voter. The spoiled ballot paper is canceled, about which an act is drawn up.

45. A voter who is not able to independently sign for the receipt of a ballot paper or fill out a ballot paper, may use the help of another voter who is not a member of the election commission, a representative of a political party, or an observer. In this case, the voter shall inform the precinct election commission verbally of his / her intention to use the assistance of another person.

A person appointed at the request of a voter who is not able to independently sign for the receipt of a ballot, or fill out a ballot, must perform actions in full accordance with the voter's will.

46. The filled-in ballot papers are dropped by voters into sealed ballot boxes. It is prohibited to take the ballot paper out of the voting premises. It is prohibited for anyone other than the voter who lowers the ballot paper to be near the ballot box, except for the cases when, at the request of a voter who finds it difficult to place a ballot paper in tabulating machine, one of the members of the election commission or a technical specialist may be invited. Persons in the voting premises are prohibited from obstructing the review or otherwise obstructing the observation of the ballot box.

47. In the event of a failure of the tabulating machines on election day, the vote is based on the use of spare tabulating machine. In this case, the precinct election commission draws up an act, which is signed by all present members of the precinct commission and operators.

In case of failure of the spare tabulating machine, voting is carried out on the basis of a stationary (transparent) voting box. At the same time, the precinct election commission also draws up an act, which is signed by all present members of the precinct commission, operators.

The chairmen of precinct election commissions are obliged to promptly inform the technical support group of the Central election Commission about each case of failure of the tabulating machine.

After the end of voting, the ballots in the tabulating machine that failed are extracted and passed through the current tabulating machine in the presence of observers and representatives of candidates.

If a stationary (transparent) ballot box was used at the polling station before the installation of a spare tabulating machine, then after the end of voting, the ballots located in the tabulating machine that failed and the stationary (transparent) ballot box are removed and passed through the current tabulating machine  in the presence of observers, representatives of candidates.

If a stationary (transparent) voting box was used at a polling station as a result of a failure of the main tabulating machine and the spare tabulating machine, the Protocol of preliminary counting of votes shall not be drawn up.

If the tabulating machine replaced as a result of a failure are restored to working capacity during the voting day, their use for voting is not allowed to resume.

 

9. The counting of votes. Establishment of voting results by precinct election commissions

48. At 8 pm, voting ends and the polling station is closed. The chairman of the precinct election commission announces that only voters who are in the polling station, that is, who have entered the polling station before 8 pm, can receive ballot papers and vote.

49. Counting of votes is carried out openly and publicly only by members of the precinct election commission at its meeting, with the consistent announcement and appropriate registration in the protocol on the results of voting and in its enlarged form (which is posted in the place established by the election commission) of all the results of the actions performed for counting ballot papers and votes.

In the process of counting votes and establishing the results of voting, representatives of political parties, observers, and representatives of the mass media may take photographs, films, and videos.

50. Counting of votes begins immediately after the end of voting and is carried out without interruption until the results of voting are established in the same premises where the voting took place. The place where the direct counting of votes is carried out must be equipped in such a way that all members of the precinct election commission and representatives of political parties in election commissions have access to it. At the same time, a complete overview of the actions of the members of the precinct election commission should be provided for all persons present at the counting.

Members of a precinct election commission, with the exception of the chairman and secretary of a precinct election commission, are prohibited from using writing materials when counting votes.

51. The members of the precinct election commission responsible for issuing ballot papers recount the remaining unused ballot papers, cancel them by cutting the lower right corner (it is not allowed to damage the squares located to the right of the information on the registered lists of candidates) and hand them over to the chairman of the precinct electoral commission, about which the act is drawn up. The unused ballots remaining in the safe of the precinct election commission are canceled in the same way. All canceled ballot papers are counted and packed in a package, which is sealed with the seal of the precinct election commission and the signatures of its members. The package bears the inscription: "Canceled ballots", indicate their number and the number of the polling station.

The number of all cancelled ballots, which is defined as the sum of the numbers of unused ballot papers and ballot papers returned by voters as incorrectly filled in (spoiled), shall be announced and entered in the protocol of voting results and its enlarged form.

52. Before the direct counting of votes, the members of the precinct election commission responsible for registering voters are required to enter the corresponding summary data on each page of the voters list.

After entering the summary data, each page of the voter list is signed by a member of the precinct election commission, who then summarizes all the data and passes it on to the chairman of the precinct election commission. The chairperson and the secretary of the precinct election commission shall enter the final data on the last page of the voter list, defined as the sum of data on all pages, and certify them with their signature and seal of the precinct election commission. The number of voters who took part in the voting is determined by the number of voters' signatures on the receipt of ballot papers of the established form.

The number of ballot papers issued to voters is additionally checked by check counting.

After working with the voter list, an act is drawn up on the number of ballot papers issued to voters. A copy of the act, certified by the signature of the chairman and the seal of the precinct election commission, is given to the present representatives of political parties, the media, observers, then the data is entered into the enlarged protocol.

After working with the voter list, the chairman of the precinct election commission invites those present to visually familiarize themselves with it.

After that, the voter list is put into a safe (closet)

53. The precinct election commission starts counting ballot papers contained in mobile ballot boxes. The members of the precinct election commission who voted outside the polling station, demonstrate the safety of the seals, seals and signatures of the members of the precinct election commission, the persons who were present at the sealing of the portable boxes, open the portable ballot boxes one by one, then take out the ballot papers and control sheets with the signatures of the precinct members the election commission, persons present at the sealing of ballot boxes. The chairman of the precinct election commission shows control sheets.

The opening of each portable ballot box is preceded by the announcement of the number of voters who voted using that portable ballot box and the issued checks. The counting of ballot papers in each portable ballot box is carried out separately.

If it is established that the number of ballot papers in a portable ballot box is greater than the number of voter applications containing a mark on the number of ballot papers received and issued checks, all ballot papers in this portable ballot box shall be invalidated by a decision of the precinct election commission and canceled by notching the lower right corner, about which a separate act is drawn up, which is attached to the protocol of voting results and in which the names and initials of the members of the precinct election commission who ensured the voting outside the polling station are indicated. These invalid ballot papers are packed separately and sealed, with the number of the polling station, box number, number of ballot papers indicated on the package and the inscription: "Invalid ballot papers removed from the portable ballot box".

Invalid ballot papers removed from the portable ballot box and data shall be entered into the corresponding column of the final protocol and its enlarged form. The ballot papers taken out of the portable boxes are passed through an automatically reading ballot box.

54. Ballot papers of an unspecified form are not considered when counting votes. Ballot papers of an unspecified form are considered to be ballot papers whose content and (or) form do not correspond to the text and form of the ballot paper approved by the Central Election Commission.

55. The tabulating machine  generates and issues a paper protocol on voting results, which indicates the number of processed ballot papers, as well as the total value of the number of votes collected by each political party and in the position “Against all”.

Before the direct counting of votes, the chairman of the precinct election commission announces the preliminary results of voting by tabulating machine, about which a separate act is drawn up, which is attached to the protocol of voting results and is announced to all present members of the precinct election commission, representatives of candidates of political parties, observers, representatives of funds mass media.

Tabulating machine must not allow disclosure of voting secrecy for the entire voting period and must not be connected to wired or wireless networks. The output of data on voting results from tabulating machine is carried out by the precinct election commission after 20:00, but no later than 21:00 on voting day. The reports of the tabulating machine, certified by the seal, initial and final identification reports, certified by the seal, are issued to all representatives of candidates of political parties, observers who are in the polling station.

If it is impossible to transfer data from the tabulating machine due to communication problems, the precinct election commission draws up an appropriate act, and the data is transferred to the server of the Central Election Commission in the Territorial Election Commission in the presence of representatives of the political party and observers.

The protocol of the tabulating machine on the preliminary results of voting in paper form is issued to everyone present during the counting of votes, it is preliminary information that has no legal significance.

56. The ballot papers, after being removed from the ballot box, are counted, and the results are entered into the protocol of voting results.

The number of ballot papers removed from the ballot box must be the same or less than the number of ballot papers issued to voters. If the number of ballot papers in the ballot box is greater than the number of ballot papers issued to voters, then the precinct election commission takes measures to identify and eliminate the causes.

If, after identifying and eliminating the reasons, the number of valid ballot papers in the ballot box is more than the number of ballot papers issued to voters, all ballot papers in the ballot box shall be invalidated by the decision of the precinct election commission and canceled by cutting the lower right corner.

57. The members of the precinct election commission sort the ballot papers extracted from the tabulating machine according to the votes cast for each of the lists of candidates, the position “Against all”, at the same time separating ballot papers of an unknown form and invalid ballots. When sorting ballot papers, the members of the precinct election commission shall announce the marks of the voters contained in the ballot papers and provide ballot papers for visual control to all those present during the counting.

Representatives of political parties and observers have the right to familiarize themselves with the sorted ballot papers under the supervision of members of the precinct election commission.

58. Then, the votes are counted using ballot papers of the established form separately for each candidate, the list of candidates and the position “Against all”. The counting of sorted ballot papers is carried out aloud by transferring them one by one from one pile to another so that the persons present at the counting could hear and see the voter's mark on the ballot paper. Simultaneous counting of ballot papers from different packs is not allowed.

The data obtained, which is determined by the corresponding marks (votes) of voters in the ballot papers submitted for each list of candidates and the position “Against all”, are entered into the protocol of voting results and its enlarged form.

59. Invalid ballot papers are counted and summed up separately. Voter ballot papers are considered invalid if it is impossible to determine the will of the voter, as well as invalid ballot papers taken from the portable ballot box (if there was a fact of taking out of the portable ballot box the number of ballot papers exceeding the number of voter applications with a mark on the number of ballot papers received ). Ballot papers that do not contain the security marks established by the Central Election Commission, are not certified by the seal of the precinct election commission and do not contain other established marks are also invalid.

Ballot papers containing marks, handwriting or other signatures on the reverse side, regardless of their content, cannot be invalidated.

In case of doubt when a ballot paper is declared invalid, the precinct election commission decides the issue by voting, while the reasons for its invalidity are indicated on the reverse side of the ballot paper, and this entry is confirmed by the signatures of the chairman and secretary of the precinct election commission, certified by the seal of the commission. The total number of invalid ballot papers shall be entered in the protocol of voting results and its enlarged form.

60.The members of the precinct election commission  count, announce and enter in the protocol of voting results and its enlarged form the number of valid ballot papers, which is determined by the marks of voters, which allow establishing the will of voters.

61.The chairman of the precinct election commission invites all persons present at the counting of votes to visually familiarize themselves with the ballot papers under the control of the members of the precinct election commission. In the event of a discrepancy between the voting results according to the data of the  tabulating machine and the voting results according to the manual counting of votes, at the request of a representative of a political party or an observer, recount the votes, ballot papers are recounted with the direct participation of a representative of a political party or an observer and providing the opportunity for visual control from their side. In this case, the ballot papers are recounted out loud.

Voting results are established based on the results of manual vote counting.

62.After that, the control ratios of the data entered in the protocol of voting results are checked in accordance with the procedure approved by the Central Election Commission.

63.After the counting of votes, the precinct election commission must hold a final meeting, at which the received applications (complaints) about violations during voting and counting of votes are considered, decisions are made on each application (complaint). Then, the members of the precinct election commission and applicants who agree with the decisions taken by the precinct election commission on the applications (complaints) received sign the protocol of the final meeting of the precinct election commission. When signing the protocol of the final meeting of the precinct election commission, the members of the precinct election commission who do not agree with the content of the protocol have the right to attach a special opinion to it, about which a corresponding entry is made in the protocol.

After drawing up the protocol on the voting results, the sorted ballot papers, voter lists, checks, reports of tabulating machines, primary and final identification reports are packed in separate packages, which indicate the number of the polling station, the number of ballot papers and the name of the voter lists. The packages are sealed, signed by members of the precinct election commission and put into a separate bag or box. The number of the polling station and the list of documents inside are indicated on the bag or box. The bag or box is sealed with the signatures of the members of the precinct election commission. Packing of ballot papers, voter lists, checks, reports of tabulating machines, initial and final identification reports, as well as their folding into a bag or box are carried out in the presence of representatives of candidates, political parties, observers, who are also given the opportunity to put their own documents on the bag or box. signatures. A package, bag or box can only be opened by decision of a higher election commission or court.

64.The protocol on voting results in the form approved by the Central Election Commission is filled in in duplicate and signed by all members of the precinct election commission present with the date and time (hour, minute) of its signing. The protocol is valid if it is signed by the majority of the members of the precinct election commission. When signing the protocol, the members of the precinct election commission who do not agree with the content of the protocol have the right to attach a special opinion to the protocol, about which a corresponding entry is made in the protocol.

The protocol of the preliminary voting results at the polling station, issued by the tabulating machine, is attached to the protocol on the voting results drawn up by the precinct election commission on the basis of manual ballot counting and signed by all present members of the precinct election commission.

65.After signing the protocol on the voting results by the precinct election commission, the voting results are immediately announced to all present representatives of candidates, political parties, observers, representatives of the media.

After the announcement of the voting results, the protocol on the voting results, primary, final checks on the identification of voters and tabulating machines, certified by the seal of the precinct election commission, are sent to the central server of the Central Election Commission by scanning through the automatically reading ballot boxes.

If the protocol on voting results is filled in by mistake, the commission draws up an appropriate act, which is also scanned and sent to the central server of the Central Election Commission together with the newly completed and signed protocol on voting results.

The scanned documents received on the central server of the Central Election Commission are published on the website of the Central Election Commission after checking for compliance with the correctness of the protocol.

66. The first copy of the protocol on voting results after signing it together with election documentation, including ballot papers, voter lists, applications (complaints), decisions made on them, acts drawn up by a precinct election commission, reports of tabulating machines, initial and final reports on identification, shall be immediately delivered no later than 6 a.m. on the day following voting day to the territorial election commission by the chairman of the precinct election commission, accompanied by representatives of political parties.

Precinct election commissions of polling stations located on the territory of foreign states or in remote areas, the list of which is determined by the Central Election Commission, deliver the documents specified in this part within the time frame established by the Central Election Commission.

67. The second copy of the protocol, as well as the seal of the precinct election commission, shall be kept by the secretary of the precinct election commission, who bears the responsibility established by law for their reliability and safety until the end of the commission's work.

An additional copy of the protocol on the voting results of the precinct election commission is sent to the Central Election Commission.

68. The enlarged form of the protocol on the voting results shall be posted for public familiarization in the place established by the precinct election commission and kept until the end of the work of the precinct election commission.

69. The secretary of the precinct election commission, immediately after signing the protocol on the voting results, must issue a stamped copy to each person who was present at the counting of votes.

70. A copy of the protocol on the voting results, certified by a seal, is immediately posted on the stands in front of the premises of precinct election commissions.

The list of voters who took part in the elections, or its copy, certified by a seal, no later than 3 calendar days after voting day, is posted on the stands in front of the premises of precinct election commissions. The posted lists of voters who took part in the elections, or a copy thereof, must be withdrawn after 10 calendar days from the date of the official publication of the voting results.

The territorial election commission sends the list of voters who took part in the elections to the Central Election Commission, as well as prints out the list of voters without indicating the year of birth, place of permanent or actual residence, the series and number of the passport and biometric data of the voter and sends it to the precinct election commission for hanging in front of the premises precinct commissions.

10. Establishment of voting results by territorial election commissions in the respective territories

 

71. The first copies of the protocols on the voting results of precinct election commissions, together with the election documentation, immediately after their signing by the members of the precinct election commission, are transferred by act to the Territorial Election Commission, which summarizes the voting results in the respective territory.

72. The chairman of the territorial election commission shall determine in advance the members of the Territorial Election Commission responsible for receiving electoral documents for each precinct election commission. Reception of electoral documents and equipment is carried out in the premises determined by the Territorial Election Commission.

The chairman of the precinct election commission or one of the members of the precinct election commission, having arrived at the premises determined by the territorial election commission, hands over the tabulating machines, equipment for identifying voters to the system administrator at the territorial election commission.

Precinct election commissions shall hand over to the respective member of the Territorial Election Commission the first copies of the protocols on the voting results, together with the following election documents:

- primary and final reports of the tabulating machine (automatic. calculating system), certified by the seal,

- primary and final reports on identification of voting outside the premises,

- primary and final reports for identification on the voting day,

- acts,

- registers,

- protocol of the final meeting of the precinct election commission,

- statements (complaints), decisions made on them, acts.

Also, a member of the territorial election commission accepts sealed bags or boxes containing sorted ballot papers for each political party and the position "Against all", as well as ballot papers packed in separate bundles, which the precinct election commission, by its decision, declared invalid, canceled ballot papers , voter list, identification checks issued by the operator.

The number of the polling station and the list of documents inside are indicated on the bag or box. The bag or box is sealed with the signatures of the members of precinct election commissions. A package, bag or box can only be opened by decision of a higher election commission or court.

73. The results of voting in the respective territory are summed up by the Territorial Election Commission on the basis of protocols received directly from the precinct election commissions by adding up the data contained therein. Reception of protocols and tabulation of voting results by the respective territorial election commission shall be carried out in the manner and terms established by the Central Election Commission.

After preliminary verification of the correctness of drawing up the protocols of precinct election commissions on the voting results, the territorial election commission, by summing up the data of all precinct election commissions, sums up the voting results in the respective territory. The Territorial Election Commission checks the data of the protocols drawn up by the precinct election commissions with the data of the protocols of the tabulating machine. Based on the voting results, the territorial election commission draws up a summary table and a protocol, in which data is entered on the number of precinct election commissions, the number of protocols received, on the basis of which the protocol on voting results is drawn up, as well as summary data of the protocols of precinct election commissions.

Before signing the protocol on the results of voting in the relevant territory, the territorial election commission must hold a final meeting, at which the applications (complaints) received by the commission related to the conduct of voting, counting of votes and drawing up the protocols of precinct election commissions are considered. The election commission makes decisions on each application (complaint), then members of the election commission and applicants who agree with the decisions taken by the election commission on the applications (complaints) received, sign the protocol of the final meeting of the election commission. When signing the protocol of the final meeting of the territorial election commission, members of the election commission who do not agree with the content of the protocol have the right to attach a special opinion to it, about which a corresponding entry is made in the protocol. After that, the election commission signs the protocol on the voting results in the respective territory.

74. The protocol on voting results shall be drawn up in two copies and signed by all members of the territorial election commission present. A summary table on the results of voting in the relevant territory, special opinions of members of the election commission, as well as received applications (complaints) and decisions taken on them, shall be attached.

75.The First copy of the protocol of the election commission shall be sent to the Central Election Commission immediately after signing along with the first copy of the summary table.

76. The Second copy of the protocol, together with all the election documentation, is kept by the Secretary of the territorial commission in a secure room until it is transferred to the archive.

77. The enlarged form of the protocol on the election results is posted for public inspection in the place established by the Territorial Election Commission and kept until the end of the work of the election commission.

78. If errors or inconsistencies are detected in the protocols and / or summary tables on the results of voting, or if there are doubts about the correctness of the protocols received from the territorial election commissions, the Central Election Commission may decide to re-count the votes by the election commission. Repeated counting is carried out with the mandatory presence of a member(s) of the Central Election Commission. Representatives of political parties and observers are entitled to be present at the second vote count. Based on the results of re-counting of votes, the election commission shall draw up a protocol on the results of voting, which shall be marked "Re-counting of votes". The protocol is immediately sent to the Central Election Commission.

79.The Secretary of the Territorial Election Commission, immediately after signing the protocol on the results of voting, must issue a copy of it, certified with a seal, to each person who was present at the vote counting.

80. The Territorial election Commission shall declare the results of voting at the polling station invalid:

1) if during the voting, counting of votes, and determination of the voting results there were violations that do not allow to establish the voting results with certainty

2) if violations occurred during the voting, counting of votes, and determining the results of voting that affected the will of voters

3) by decision of the higher election commission

4) by court decision

5) if the ballot papers in the voting boxes are declared invalid.

If the results of voting at a polling station are declared invalid, the results of the election are determined based on the results of voting at other polling stations. If the results of voting at one or more polling stations are declared invalid and affect the results of the election, a re-vote shall be held at these polling stations within 2 weeks from the date when the relevant election commission appoints the re-vote.

 

                                 11. Procedure for determining election results

81. The results of the elections are determined by the Central Election Commission on the basis of protocols received directly from the territorial election commissions, by adding the data contained therein, no later than 20 calendar days from the day of voting.

The Central Election Commission on a mandatory basis holds a final meeting, at which it examines all received applications (complaints) about violations during the preparation and conduct of elections, makes a decision on each application (complaint).

82. The Central Election Commission draws up a protocol on the election results, in which the data of the received protocols are entered, on the basis of which the election results are determined, the data on the number of directly subordinate election commissions,  as well as a summary table on the summary data of the protocols of the lower election commissions.

83. The elections are declared invalid by the Central Election Commission:

1) if none of the list of candidates received the number of votes required to take part in the distribution of mandates

2) if the number of votes cast for the list of candidates that received the largest number of votes in relation to other lists of candidates is less than the number of votes cast against all lists of candidates. In this case, repeated elections are held.

The number of voters who took part in the voting is determined by the number of voters' signatures in the voter list on receipt of ballot papers, and, if additional control is necessary, also on identification checks.

84. Violations that do not allow reliable determination of the voting results of voters are understood as violations of the procedure for voting, counting of votes, drawing up a protocol on voting results at a polling station, which do not allow to reliably determine the number of votes received by each list of candidates.

Violations that influenced the expression of the will of voters are understood as violations that influenced the expression of the will of voters during voting, counting of votes or the establishment of voting results at a polling station, related to campaigning on voting day, obstruction of the exercise of electoral rights by citizens, observation of voting, voting for others voters, interference in the activities of election commissions, bribery of voters.

 

85. The Central Election Commission declares the election results invalid:

1) if the results of voting at a part of polling stations covering more than one third of voters from the total number of those who took part in the voting will be invalidated

2) by a court decision.

 

                                   12. Official publication of election results

 

86. The results of voting in each polling station, territories covered by the activities of the electoral commission, the results of elections in the electoral district in the amount of data contained in the protocols of the Central Election Commission and directly lower election commissions are provided for familiarization with voters, representatives of political parties, observers, international observers, representatives of the media at their request.

The voting results for each polling station, as they are received by the Central Election Commission, are immediately posted on the official website of the Central Election Commission. The data of the voting results posted on the official website of the Central Election Commission are preliminary information that has no legal value.

 

87. The Central Election Commission sends general data on election results to the media within one day after the election results have been determined.

 

88. Official publication of election results, as well as data on the number of votes received by each of the lists of candidates; votes cast against all lists of candidates, including the data contained in the protocols of voting results of directly lower election commissions, on the basis of which the election results were determined, shall be carried out by the Central Election Commission within 2 weeks from the date of determination of the election results.