On November 29, the PECs were formed in single-member districts #94, 132, 194, 197, 223. Compared to 2012 regular elections, the DECs used an updated procedure of drawing lots, which secured more even representation of different subjects of the election process in membership of these commissions. DECs #94 and 194 didn't provide OPORA observers with the possibility to observe all the procedures during creation of PECs. DEC #223 didn't meet the deadline for creation of PECs, provided by the Law of Ukraine on Repeated Election of MPs of Ukraine in single-member districts #94, 132, 194, 197, 223. Members of DEC in district #94 from AUU Batkivshchyna, AUU Svoboda, and UDAR claimed that the results of drawing lots in some PECs were unreliable.
Memberships of precinct election commissions (PECs) were the following:
- For small precincts (up to 500 voters): 10-18 persons;
- For average precincts (from 500 to 1,500 voters): 14-20 persons;
- For large precincts (up to 1,500 voters): 18-24 persons;
District election commissions passed a decision on creation of regular and special polling stations.
The biggest number of PECs were formed in SMD #186 (centered in Pervomaisk city, Mykolaiv oblast) – 184 PECs; SMD #197 (centered in Kaniv city, Cherkasy oblast) – 146; SMD #94 (centered in Obukhiv city, Kyiv oblast) – 135; SMD #223 (centered in district Shevchenkivskyi, Kyiv city) – 101. The smallest number of PECs were created in SMD #194 (Cherkasy city) – 83 PECs.
Till November 27 inclusive, the following political parties and candidates in single-member districts had the right to submit candidacies to the membership of PECs.
- Political parties, whose deputy factions are registered in the Apparatus of the Verkhovna Rada of Ukraine of the current convocation;
- Political parties which are subjects of the election process (parties, which have nominated at least one candidate in every of five districts);
- Candidate for MPs in the corresponding single member district.
District election commissions were supposed to create district election commissions till November 29 inclusive. Simultaneously, representatives of parliamentary parties (Party of Regions, AUU Batkivshchyna, UDAR, and AUU Svoboda) were mandatory included into membership of every PEC. All the other vacant positions were distributed among political parties, which are subjects of the election process in the corresponding district, according to the procedure of drawing lots.
Such draw was regulated by the Resolution of the Central Election Commission #88 of 4/25/2013[1], which provides new procedures. The DEC created a list of candidates for members of precinct election commission, which may be selected by a draw. This list was arranged in an alphabetical order, and candidates received sequence numbers. The number of lots was supposed to be equal to the largest number of candidates for members of precinct election commissions. Every lot was numbered according to the list of candidacies. According to the order of priority, determined by the draw, candidates were included to the PECs, with consideration of their sequence number in the list. This procedure is considerably different from those used during regular parliamentary elections. In 2012, the sequence number of candidates was determined not by the alphabetical order, but by the date and time when candidacies were submitted to the DEC. Such approach caused unequal representation of subjects of the election process in PECs. The procedure of drawing lots, which was used during repeated election, secured proper representation of different political parties and candidates in election commissions.
All five DECs (#94, 132, 194, 197, and 223) had conducted the draw and formed PECs. Commissions faced the problem of so-called candidates-doubles, and the presence of individuals, which don't have the right to be members of precinct election commissions, in lists of candidates, submitted by subjects of the election process.
DECs #94, 194, 223 lacked organization during the draw and formation of PECs, and violated some election procedures. DECs #132 and 197 have secured proper implementation of the procedures, in accordance with the election legislation.
Violations
DEC #194 hasn't secured proper conditions for official observers from civic organizations and subjects of the election process during the draw and formation of PECs. Official observers didn't manage to fully watch all the procedures, due to repeated intervals during meeting of the DEC, and false information about their continuation provided by members of DECs. In result of such disinformation, official observers, subjects of the election process, candidates, and journalists were absent when membership of PECs was announced, and couldn't watch how managing positions were distributed.
DEC #223 lacked organization during distribution of managing positions in PECs, and, therefore, delayed formation the corresponding commissions. According to the calendar plan of repeated elections, precinct election commissions were to be created till November 29 inclusive. Nevertheless, the DEC, with assistance of the CEC representatives, continued distribution of managing positions in PECs on November 30.
The formation of PECs in district #94 was accompanied by conflicts between members of the DEC, and shadowed decision-making. Some commission members claimed that there was inconsistency between the results of draw, determined by members of DECs, and the results of draw, established by an automatic information and analytical system "Election of MPs of Ukraine". Besides that, it was detected that two candidates for MPs of Ukraine were included into the membership of PECs (a candidate from the People's Initiative party Mykhailo Parfionov, and a self-nominated candidate Yevhen Levchenko). The DEC didn't explain the inconsistency in the results of the draw, and passed the resolution on creation of PECs without even trying to solve the issue. We should also mention that official observers of OPORA don't have information about the membership of PECs, because resolution of the DEC neither was placed on the official announcement board of the corresponding commission, and or promulgated in any other way.
[1] http://zakon4.rada.gov.ua/laws/show/v0088359-13?test=qY4Mfbtc78fVpnSUZijkOBIaHI4GAs80msh8Ie6