The OPORA Civil Network is concerned about the procedure for replacing members of election commissions on voting day and anticipates possible violations. According to the Law of Ukraine "On Amendments to the Law of Ukraine 'On Elections of the President of Ukraine'", the higher-level commission, instead of the person whose powers have been terminated, includes in the composition of the relevant election commission not another representative from the same candidate, but a candidacy submitted by the head of the relevant council or city mayor. In addition to non-appearance at a meeting, the legislator has not provided for other examples of gross violations that give grounds for termination of membership, so there is a threat of commissions interpreting the concept of "gross violation" at their own discretion. Such legislative innovations may lead to the replacement of the composition of election commissions in regions where local self-government bodies are majority-controlled by one of the candidates. This norm should have provided for an appeal for replacement first to the candidate's representative, and only in the case of their refusal to submit candidacies to the commission - to the local self-government body. OPORA will monitor the grounds and procedure for termination of powers and the procedure for replacing members and will report on detected violations.

OPORA on the procedure for making changes to voter lists

On February 1, 2010, the Resolutions of the Central Election Commission that the OPORA Civil Network had criticized lost effect, in particular - Resolutions No. 475 of December 12, 2009 and No. 6 of January 4, 2010 regarding the procedure for making changes to voter lists. However, in the newly approved Resolution No. 197 "On Approval of the Clarification on the Procedure for Refining Voter Lists for Repeat Voting in the Elections of the President of Ukraine", unfortunately, provisions have been preserved regarding the procedure for including voters in the voter list by precinct election commissions on voting day. District election commissions were able to familiarize themselves with the Resolution only three days before election day (February 4). OPORA emphasizes that the precinct election commission, as a special collegial state body, is obliged to act only on the basis, within the limits of powers and in the manner provided for by the Constitution and laws of Ukraine. According to part 8 of Article 32, an election commission that has discovered inaccuracies in preliminary voter lists adopts a decision to appeal on these grounds to the relevant bodies maintaining the State Register of Voters regarding the refinement of information in the preliminary voter list. The law does not establish a procedure for including voters in the list by precinct election commissions; such a decision may be adopted exclusively by the body of the State Register of Voters or by a court. In addition, under part 8 of Article 28 of the Law of Ukraine "On Elections of the President of Ukraine", the precinct election commission is obliged to consider at its meeting appeals received by it on election day or on the day of repeat voting, immediately after the end of voting, whereas according to CEC Resolutions - immediately without a break in voting. As a result of the fact that the CEC Clarification actually contradicts the law, OPORA expects a large number of violations on the part of DECs and PECs.

Contact person – Olha Kotsiuruba (063 628 68 46).