Overall, formation of election commissions went without major violations and within the time limits prescribed by the law. Preparations for the election remain persistently difficult in Donetsk and Luhansk oblasts, where formation of PECs is not completed in some constituencies due to the constant armed aggression on the part of pro-Russian terroristic groups.
As of 14 October, only 7 out of 21 DECs of Donetsk oblast have completed the procedures, related to the formation of PECs (DEC #46, 47, 48, 50, 57, 58, 59). 9 districts of the region (#41-44, 51, 54, 55, 56, 61) are under control of the illegal armed groups, which has made monitoring of PECs formation there impossible. At the same time, there is a great concern about formation of PECs in the SMD (single-member district) #49, controlled by the legal government. In this district the DEC still could not form PECs. It is necessary to note that the SMD #49 has no access to the informational-analytical software “Vybory” (“Election”)and performsPEC formation procedures manually. Yet, the process of PEC formation is under way, in spite of exceeding the time limits prescribed by the law.
In Luhansk oblast, 6 out of 11 DECs (#104, 106, 107, 112, 113, 114) have almost completed formation of PECs, although they have exceeded the time limits. Despite the obvious danger, election subjects submitted enough nominees necessary to complete formation of PECs. However, OPORA observers draw attention to the fact that the quality of nominations for PEC membership is not satisfactory. Nominations were made hurriedly, without the appropriate examination of candidates and often without their personal confirmation of their agreement to participate in PECs. This again will lead to wide-scale PEC member rotations and will have an additional destabilizing effect upon the election process. The rest of the DECs in Luhansk oblast, located in the territories controlled by the terrorist groups, with great difficulties and with infringements of the prescribed time limits struggle to complete formation of PECs.
“Doubles” in the nominee lists, as well as candidates that cannot be PEC members make the most frequent procedural violations, noted by the OPORA observers at the phase of precinct election commission formation. Violations of this kind, first of all, are due to the irresponsible attitude of parties and candidates, who do not appropriately select their PEC nominees and do not check the application lists. Another frequent violation parties and candidates commit is submitting nominations by one person on behalf of several subjects. The most frequent violations by DECs are due to the lack of experience among DEC members (repeated sortitions) or due to their deliberate attempt to “simplify” or modify at their sole discretion prescribed election procedures. In particular, the observers drew their attention to numerous violations committed by DEC heads, who, contrary to the law, did not announce PEC lists based on sortition results. Or they have sorted the leading positions at closed meetings.
Informational-analytical system “Vybory narodnyh deputativ” (“Election of People’s Deputies”), used by the DECs for sortitions, worked appropriately and blocked invalid data or erroneous calculations entered by DEC members. However, DECs in Donetsk and Luhansk oblasts have limited access to the IAS “Vybory”.
With the exception of solitary instances (in Dnipropetrovsk, Zhytomyr, Lviv, and Kharkiv oblasts) DECs did not make any obstructions to legal activities of civil observers. Overall, procedural violations revealed by the observers of the Civil Network OPORA were not of a systemic kind or planned ones.
According to the Civil Network OPORA observers’ calculations, as of 10 October 2014, 213 district election commissions have formed 29 101 precinct election commissions with 469 296 members [1]. Yet, in some districts of Donetsk and Luhansk oblasts the process of PEC formation has not been completed.
The four parliamentary factions have, to a various degree, used the possibility to nominated one candidate to be included into each PEC without sortition. The faction of VO “Batkivschyna” has, in this way, filled the biggest number of PECs with its representatives – 27 953 in total, while the faction of the Party of Region has filled its quota only in 18 374 PECs. In Lviv, Rivne, and Ternopil oblasts the faction of the Party of Regions has submitted no nominees to PECs. The factions of the Party “UDAR” and VO “Svoboda” arranged their representatives without sortition in 26 103 and 24 100 PECs respectively.
According to sortition results, the largest representation in PECs among parties that are election process subjects has “Narodnyi Front” (“People’s Front”) (represented in 19 663 PECs), the Radical Party of Oleh Liashko (19 494 PECs), VO “Batkivschyna” (19 174 PECs) and “Blok Petra Poroshenka” (“Petro Poroshenko’s Bloc”) (18 961 PECs). The parties “Solidarnist Zhinok Ukrainy” (“Solidarity of the Women of Ukraine”) and “5.10” have their members only in 72 and 97 PECs respectively.
The majoritarian candidates have also ensured their representatives in PECs. Among those, the largest representation have the candidates nominated by VO “Batkivschyna” (entered 15 895 PECs), The Radical Party of Oleh Liashko (14 717 PECs) and Petro Poroshenko’s Bloc (14 297 PECs). Slightly more than 80 thousand people were included into PEC lists on behalf of self-nominated candidates.
Overall, the leader by the number of representatives in PECs is VO “Batkivschyna” and “Blok Petra Poroshenka”, which have 63 022 and 59 361 representatives in PECs respectively. Such wide representation has been achieved through the maximum use of opportunities to nominate representatives to PECs in various ways: through parliamentary faction quotas, from election subject parties, from candidates nominated by those parties in single-member districts (see the Table).
The Table: “Total number of PEC members, including nominations through parliamentary faction quotas and based on results of sortition of nominees from the parties that are election process subjects and candidates in single-member districts nominated by the parties”.
Parties |
Number of members in PECs |
VO “Batkivschyna” |
63 022 |
The Party “Blok Petra Poroshenka” |
59 361[2] |
VO “Svoboda” |
35 299 |
Radical Party of Oleh Liashko |
34 211 |
The Political Party “Vseukrainske Agrarne Ob’ednannia “Zastup” |
20 229 |
Serhei Tihipko’s Party “Sylna Ukraina” |
20 038 |
The Political Party “Hromadianska Pozycia (Anatolii Grycenko)” |
17 966 |
The Communist Party of Ukraine |
17 041 |
The Political Party “Opozyciinyi Blok” |
14 040 |
“Narodnyi Front” |
12 887 |
The Party of Greens of Ukraine |
9 716 |
The Political Party “Internet Partia Ukrainy” |
9 450 |
The Political Party “Nova Polityka” |
8 170 |
The Political Party “Ob’ednannia “Samopomich” |
5 604 |
The Political Party “Ukraina Maibutn’ogo” |
4 490 |
The Liberal Party of Ukraine |
3 825 |
The Political Party “Pravyi Sektor” |
3 703 |
The Political Party “Edyna Kraina” |
3 144 |
The Political Party “Syla Liudei” |
2 181 |
The Party “Vidrodzhennia” |
1 097 |
The Political Party “Kongress Ukrainskyh Natsionalistiv” |
943 |
The Political Party “Blok Livyh syl” |
683 |
The Political Party “Vseukrainske OB’ednannia “Ukraina - Edyna Kraina” |
299 |
The Ukrainian Party “Zelena Planeta” |
256 |
The Political Party “Syla i Chest’” |
235 |
The Political Party “5.10’” |
202 |
The Party “Solidarnist’ Zhinok Ukrainy” |
72 |
PEC candidate nomination
In accordance with the Part One of the Article 23 of The Law “On elections of People’s Deputies of Ukraine”, election commissions are special collegial bodies entitled to organize, prepare and carry out elections of deputies and ensure that the Ukrainian legislation on deputies’ election is followed and equally applied. Formation of election commissions is a key election process phase, in which higher level commissions (DECs) form lower level commissions (PECs) based upon nomination of candidates for PEC membership by nominating subjects. In order to follow the requirements of the first part of the Article 28 of the Law, district election commissions had to form precinct election commissions for regular and special precincts, located within respective single-member district by 10 October 2014.
Precinct election commissions are formed of 10-14 persons for small precincts (up to 500 voters), 12-16 persons for medium precincts (500-1500 voters), and 14-18 persons for large precincts (more than 1500 voters). At precincts where the number of voters does not exceed 50 persons, PEC can be formed of the head, the secretary and 2-4 members.
The right to nominate PEC candidates (one candidate to each PEC) is given to:
- Political parties, whose factions are registered at the Secretariat (Аппарат???) of the current Verkhovna Rada of Ukraine («UDAR», VO “Svoboda”, The Party of Regions, VO “Batkivschyna”);
- Political parties that are election process subjects, whose candidates for deputies are registered at the nation-wide constituency (52 parties in total);
- Candidates for deputies in respective single-member districts.
Therefore, parliamentary parties that nominated candidates in both the nation-wide constituency and single-member districts had an opportunity (on the condition of successful sortition) to have up to three representatives in individual PECs.
Applications had to be submitted to DEC on paper media and electronically by 8 October 2014. The right to nominate on behalf of a faction is given to a proxy standing for the Head of a faction; on behalf of a political party – to a proxy standing for the political party; on behalf of a candidate for the deputy – to the candidate for the people’s deputy of Ukraine personally or to his proxy [3]. Nominations are submitted on a paper medium and electronically in MS Word Format on an optical medium (CD-R or DVD-R). Attached to the application are 1) copies of the first page of the passport of the citizen of Ukraine for each nominated person; 2) personal statements from persons, nominated for PEC membership with their assent for participation in PEC operations on behalf of the respective nominating subject, and, in case of nominating that person for the position of a head, a vice-head or a secretary of PEC – with assent to take respective responsibilities.
Overall, the process of submitting nominations for PEC membership was arranged appropriately, particularly in the part of following the timeframe prescribed by the Law for submitting nominations (till 23:59, 8 October). Luhansk and Donetsk oblasts are exceptions, where DECs received applications or corrections to them after the 8th of October. Also, in Cherkasy oblast (ED # 199) the incident of a repeated submission of a disk with the PEC nominees by the Party “Narodnyi Front” was registered after 8 October.
However, many parties and candidates have irresponsibly approached preparation of nomination lists. The observers have registered 18 incidents (Diproperovsk, Kyiv, Luhansk, Lviv, Rivne, Kharkiv, Cherkasy, Chernihiv oblasts, and the city of Kyiv), where a single person submitted nominations on behalf of different parties (candidates), which is a violation of the Part 4 of the Article 28 of the Law “On elections of People’s Deputies of Ukraine”. In particular, in the ED #172 the OPORA observer has registered the incident of submitting nominations on behalf of 4 parties by a single person. The person was a proxy with the powers of attorney for submitting and signing applications to the district election commission with nominations for PECs from the Party “Blok Petra Poroshenka”, the Political Party “Ukraina Maibutniogo”, The Political Party “Internet Partia Ukrainy”, The Party of Greens of Ukraine.
There were numerous instances registered (Vinnytsia, Volyn’, Dnipropetrovsk, Donetsk, Zhytomyr, Zaporizzha, Ivano-Frankivsk, Kyiv, Kirovohrad, Luhansk, Lviv, Poltava, Rivne, Ternopil, Kharkiv, Kherson, Khmelnitskyi, Cherkasy, Chernivtsi, Chernihiv oblasts, and the city of Kyiv) of “doubles” – the same persons in several lists of nominees. For example, in the ED #77 the same persons were nominated on behalf of the political parties “Opozyciinyi Blok” and “Sylna Ukraina”, on behalf of “Vseukrainske Agrarne Ob’ednannia “Zastup” and the self-nominating candidate V.Boguslaev. The largest number of single person multiple nominations was revealed in the ED # 69 (the town of Sniatyn) – 67 multiple nominations, in the ED # 154 – 84 multiple nominations, and in the ED # 106 – 75 multiple nominations. The OPORA observers are concerned with the quality of nomination lists, which were often prepared hurriedly and formally, without the appropriate examination of nominees and verifying their readiness to work in PECs at this election.
Prior to formation of PECs there was a procedure of rejecting candidates, nominated by the relevant subjects for participation in PECs (based on their not meeting the requirements of the Law) and the sortition procedure.
The most frequent reason for rejecting PEC nominees by DECs was presence of “doubles” in applications. Less frequent reasons included incidents, where nominees have not reached 18 years of age, were themselves subjects of the election process (candidates’ proxies, official observers etc.) or were public servants or local government representatives.
It is important to note that technical misspellings and inaccuracies in applications were not the reason for rejecting nominees. If such misspellings and inaccuracies were found, district electoral commissions had immediately informed the relevant nominating subjects.
Sortitions
The nominees, proposed by the political parties, whose deputies’ factions are registered in the Secretariat, of the current Verkhovna Rada of Ukraine, were appointed to PECs mandatorily, on condition they met the requirements of the Law (p.5, art.28 of the Law). Based on such nominations the three parliamentary factions ensured their representatives in the majority of PECs, and the faction of the Party of Regions is represented in more than half of the PECs:
Deputies’ factions |
Number of nominees in PECs (one at each PEC) |
|
1 |
VO “Batkivschyna” |
27 953 |
2 |
The Party «UDAR» |
26 103 |
3 |
VO “Svoboda” |
24 100 |
4 |
The Party of Regions |
18 375 |
The other nominees were selected to PECs through the sortition procedure. In order to ensure a uniform understanding and proper implementation of the electoral legislation by all district election commissions while forming precinct election commissions, the CEC, by its Decision, has defined the appropriate Order for carrying out the sortition for selecting nominees for participation in precinct election commissions at elections of People’s Deputies of Ukraine [4]. The sortition procedure for selecting nominees for PECs membership at the special election of 2014 generally corresponds to the one used at the parliamentary election of 2012.
The Order states that the number of vacant places, for which nominees are selected through the sortition, is decided individually for each PEC by finding the difference between the maximum possible number of the commission members, the number indicated, and the number of those who are mandatorily included to this commission.
DECs performed sortitions in those cases, where the number of nominees who met the requirements of the Law and could be included into PECs by sortition was greater than the number of vacant places in the respective PECs. If the number of nominees proposed to a PEC was equal or lesser than the number of vacant places in that PEC, the sortition has not been performed.
In order to perform sortitions, the list of nominees, who meet the requirements of the Law and can be included into a PEC by sortition is prepared for each PEC individually. It is arranged as a table. In such a table, nominees are listed in the alphabetical order with indication of their numerical orders, surnames, first names, patronymics, their nominating subject (for a political party – its full title, for a candidate for the deputy in a respective single-member district - the surname, first name and patronymic). The list also contains a line (a column?) for indication of sortition results by placing a relevant mark opposite to the nominees that are included into a PEC. In Dnipropetrovsk and Chernihiv oblasts the instances were registered, where the lists of nominees for each PEC were not prepared prior to the sortition. Also, in the ED # 40, the list of nominees was prepared not in an alphabetical order but in the order of submitting the applications.
The number of lots has to be equal to the maximum number of nominees, proposed for these PECs. In the ED # 28 and # 37 there were procedure violations, where the number of lots was equal to the overall number of nominating subjects in the district and not to the maximum number of nominees in an individual precinct.
To perform the sortition, a DEC had to appoint:
- a DEC member for recording sortition results;
- a DEC member, or an expert, or a technical staff representative for drawing lots from a sortition device, announcing and demonstrating lot numbers to the participants of the commission meeting.
- a person (an expert or a technical staff representative) for technical work (throwing lots into the device, rotating it, opening envelopes etc.;
- two commission members for processing the sortition results.
Before the sortition starts, the chairperson at the commission meeting (or at his/her request another commission member) announces: the maximum possible number of commission members in each precinct, for which the commission is to be formed, the number of nominees included mandatorily, and the number of nominees that can be included into precinct election commission by sortition. The OPORA observers have registered instances (in Volyn’, Dnipropetrovsk, Ivano-Frankivsl, Lviv, Cherkasy, Chernivtsi, and Chernihiv oblasts) of violations of this procedure, where chairpersons have not announced all necessary information at the commission meetings.
After all vacant positions in a relevant precinct commission are filled the list is transferred to the chairperson of the commission meeting, who announces the names of persons included into the commission based on the sortition results, mentioning their nominating subjects. Some DECs, in spite of the Law requirement, had not announced personal composition of all PECs. Specifically, such instances were registered in Vinnytsia, Volyn’, Dnipropetrovsk, Kirovohrad, Lviv, Poltava, Rivne, Ternopil, Cherkasy, Chernivtsi, and Chernihiv oblasts. For instance, the members of the DEC #17 have voted a decision that the meeting chairperson should not announce personal lists of every PEC. The information on personal lists of PECs was provided to all interested on a disk.
Civil observers have revealed instances (in Kirovohrad, Luhansk, and Cherkasy oblasts), where the sortition was performed after the time limits prescribed by the Law (after 23:59 10 October). More frequently, there were “repeated” sortitions (Volyn, Dnipropetrovsk, Kyiv, Lviv, Kharkiv, Khmelnitskyi Cherkasy, Chernihiv oblasts), where sortitions results were annulled and the procedure repeated again. The reasons for the “repeated” sortitions were procedural mistakes made by the DECs while processing nominee lists.
According to the Civil Network OPORA observers’ calculations, as of 10 October 2014, district election commissions have formed 29 101 precinct election commissions, which included 469 296 persons [5]. Also, the CEC in accordance to the requirements of the Article 29 of the Law has formed 113 precinct election commissions for the precincts abroad.
The largest number of representatives in PECs chosen by sortition among the election process subject parties received the party “Narodnyi Front”, the Radical Party, VO “Batkivschyna” and “Blok Petra Poroshenka” (see the Table).
The Table «Representation of parties nominating candidates for the nation-wide constituency in PECs»:
Party – election process subject |
Number of PECs |
|
1 |
The Political Party “Narodnyi Front” |
19 663 |
2 |
The Radical Party of Oleh Liashko |
19 494 |
3 |
The Political Party “Vseukrainske Ob’ednannia “Batkivschyna” |
19 174 |
4 |
The Party “Blok Petra Poroshenka” |
18 961 |
5 |
The Political Party “Vseukrainske Agrarne Ob’ednannia “Zastup” |
17 882 |
6 |
The Political Party “Hromadianska Pozycia (Anatolii Grycenko)” |
16 661 |
7 |
Serhei Tihipko’s Party “Sylna Ukraina” |
14 373 |
8 |
The Communist Party of Ukraine |
13 138 |
9 |
The Political Party “Opozyciinyi Blok” |
9 739 |
10 |
The Party of Greens of Ukraine |
9 517 |
11 |
The Political Party “Vseukrainske Ob’ednannia “Svoboda” |
9 468 |
12 |
The Political Party “Internet Partia Ukrainy” |
9 205 |
13 |
The Political Party “Nova Polityka” |
7 634 |
14 |
The Political Party “Ob’ednannia “Samopomich” |
4 984 |
15 |
The Political Party “Ukraina Maibutn’ogo” |
4 490 |
16 |
The Political Party “Edyna Kraina” |
3 144 |
17 |
The Liberal Party of Ukraine |
3 026 |
18 |
The Political Party “Pravyi Sektor” |
2 507 |
19 |
The Political Party “Syla Liudei” |
1 377 |
20 |
The Party “Vidrodzhennia” |
1 097 |
21 |
The Political Party “Kongress Ukrainskyh Nacionalistiv” |
851 |
22 |
The Political Party “Vseukrainske Politychne Ob’ednannia “Ukraina - Edyna Kraina” |
299 |
23 |
The Political Party “Blok Livyh syl” |
243 |
24 |
The Political Party “Syla i Chest’” |
235 |
25 |
The Ukrainian Party “Zelena Planeta” |
205 |
26 |
The Political Party “5.10’” |
97 |
27 |
The Party “Solidarnist’ Zhinok Ukrainy” |
72 |
Among the candidates for the deputies in single-member districts, who have nominated their representatives to PECs to be chosen by sortition, the largest representation is achieved by majoritarian candidates from VO “Batkivschyna” and somewhat lesser one by the nominees from the Radical Party and Petro Poroshenko’s Bloc (see the Table). Representatives of self-nominated candidates (all together) amount to more than 80 thousand persons.
The Table «Representation of parties nominating the candidates in single-member districts in PECs»:
Parties nominating candidates in single-member districts |
Number of PECs |
|
1 |
The Political Party “Vseukrainske Ob’ednannia «Batkivschyna» |
15 895 |
2 |
The Radical Party of Oleh Liashko |
14 717 |
3 |
The Party “Blok Petra Poroshenka” |
14 297 |
4 |
The Political Party “Narodnyi Front” |
12 887 |
5 |
Serhei Tihipko’s Party “Sylna Ukraina” |
5 665 |
6 |
The Political Party “Opozyciinyi Blok” |
4 301 |
7 |
The Communist Party of Ukraine |
3 903 |
8 |
The Political Party “Vseukrainske Agrarne Ob’ednannia “Zastup” |
2 347 |
9 |
The Political Party “Vseukrainske Ob’ednannia “Svoboda” |
1 731 |
10 |
The Political Party “Hromadianska Pozycia (Anatolii Grycenko)” |
1 305 |
11 |
The Political Party “Pravyi Sektor” |
1 196 |
12 |
The Political Party “Volia” |
1 004 |
13 |
The Political Party “Syla Liudei” |
804 |
14 |
The Liberal Party of Ukraine |
799 |
15 |
The Political Party “Ob’ednannia “Samopomich” |
620 |
16 |
The Political Party “Nova Polityka” |
536 |
17 |
The Political Party “Blok Livyh syl” |
440 |
18 |
The Party «Spravedlyvist» |
292 |
19 |
The Ukrainian People’s Party |
283 |
20 |
The Political Party “Ukrainska Platforma “Sobor” |
274 |
21 |
The Political Party “Demokratychnyi Alians” |
258 |
22 |
The Political Party “Internet Partia Ukrainy” |
245 |
23 |
The Party of Greens of Ukraine |
199 |
24 |
The Ukrainian Republican Party |
187 |
25 |
The Political Party “Vseukrainske Ob’ednannia “Demokraty (Demokratychna Partia)” |
113 |
26 |
The Political Party “My Ukrainci” |
110 |
27 |
The Political Party “5.10’” |
105 |
28 |
The Political Party “Ukrainska Perspektyva” |
103 |
29 |
The Political Party “Kongress Ukrainskyh Nacionalistiv” |
92 |
30 |
The Party “Hromadska Syla” |
54 |
31 |
The Political Party “Narodnyi Rukh Ukrainy” |
53 |
32 |
The Political Party “Nacionalna Demokratychna Partia Ukrainy” |
51 |
33 |
The Ukrainian Party “Zelena Planeta” |
51 |
34 |
The Political Party “Zeleni” |
45 |
35 |
The Political Party “Meritokratychna Partia Ukrainy” |
44 |
36 |
The Political Party “Sirius” |
41 |
37 |
Self-nomination |
80 182 |
The procedure for distributing leading positions among the subjects nominating representatives to precinct election commissions was defined by district election commissions in accordance with the Directive of the CEC # 80 from 18.04.2013 [6]. According to this procedure, every nominating subject has the right for a proportional share in each category of PEC leading positions (head, vice-head, secretary) in small, medium, and large EDs separately within the election district. Such share was defined with respect to the number of nominees included into election commissions of each category (small, medium, and large separately) of regular and special precincts on behalf of a nominating subject, and in relation to the overall number of persons, included into the precinct election commission of the relevant category of precincts. At this stage, the observers have not revealed any substantial violations. However, the OPORA observers have evaluated the process of leading position distribution in individual election districts (Volyn, Dnipropetrovsk, Ivan-Frankivsk, Ternopil, Cherkasy oblasts) as insufficiently open to the public.
CONCLUSIONS:
- In spite of the limited timeframe for the election campaign and instable political situation, caused by the military conflict with the Russian Federation, the majority of DECs have completely formed precinct election commissions timely and in line with the legal procedures.
- The OPORA observers have not registered systemic or planned violations on the part of DECs or other subjects of the election process at the PEC formation phase. Rebukes, submitted by the observers had mainly to do with procedural inefficiencies in district election commission operations and organizational failures deliberately allowed by the candidates and parties.
- Certain political parties (for instance, the Party of Regions) have not fully used their right to form district election commissions. However, due to high activity of the other election process subjects, PECs are formed in numbers sufficient for the appropriate undertaking of their responsibilities and, with few exceptions, PECs do not need further staffing.
- The situation in Donetsk and Luhansk oblasts remains the major destabilizing factor for the election process. Being unsolved it leads to delays, blockings and disruptions of major activities on election preparation.
[1] With the exception of certain districts in Donetsk and Luhansk oblasts
[2] Including PEC members on behalf of the Party “UDAR”
[3] The application form for nominees to PECs was adopted by the CEC Directive # 56 from 26 March 2013
[4] The CEC Directive # 88 from 25.04.13 “On the sortition Procedure for including nominees into PECs for elections of People’s Deputies of Ukraine
[5] With the exception of certain districts in Donetsk and Luhansk oblasts
[6] The CEC Directive #80 from 18.04.2010 “On the Procedure of distributing the leading positions in precinct election commissions for election of People’s Deputies of Ukraine between the subjects nominating candidates for these commissions”.