1. The territorial election commission shall provide for the production of ballot papers for voting in local elections, pursuant to an agreement that shall be concluded between the territorial election commission and printing enterprises, respectively: 1) the Election Commission of the Autonomous Republic of Crimea, or an oblast or city (city with rayon division) election commission – no later than ten days before the day of voting and receives the produced ballots no later than nine days before the day of voting in the packaging of the manufacturer on the basis of an act of acceptance-transfer according to the form established by the Central Election Commission; 2) a rayon or city (cities without rayon division) or rayon in city (in cities where district councils are formed in the city) election commission – no later than seven days before the voting day and receives the produced ballot papers no later than six days by the day of voting in the packaging of the manufacturer on the basis of an act of acceptance-transfer in the form established by the Central Election Commission; 3) a village or settlement election commission – no later than five days before the day of voting and receives the produced ballot papers no later than four days before the day of voting in the packaging of the manufacturer on the basis of an acceptance certificate according to the form established by the Central Election Commission. The chair of the election commission or another person authorized by a decision of this commission receives the ballots from the manufacturer, in the manner and terms specified in this article on behalf of a territorial election commission, which establishes the results of local elections. 2. The manufacturing enterprises shall be selected by the territorial election commissions specified in Part one of this Article. The contract between the respective territorial election commission and the printing company is concluded using a negotiated procurement procedure based on the production, technological and organizational capabilities of the company to ensure timely printing and protection of ballots. Ballot manufacturers shall ensure strict compliance with the ordered number of ballots produced, their registration, and transfer to the customer in accordance with the procedure established by the Central Election Commission. Summary information on the basis of acceptance-transfer acts on the number of ballots produced for each territorial election district shall be published by the territorial election commission, which shall establish the election results of elections of the Autonomous Republic of Crimea, an oblast, rayon, rayon in city, as well as city, village or settlement council (of a territorial community with more than 10,000 voters), no later than one day before the day of voting on its official website (if available), websites of the respective local councils (if available) or in another way determined by these commissions and/or on the stand of official materials of the commission. 3. Any technical waste material, defective printed ballot papers or ballot papers in which errors were discovered, on which the territorial election commission has adopted a decision, as well as the typographic plates used, shall be destroyed by the printing enterprise according to a procedures and within a time limits defined by the agreement concluded for the production of ballot papers on which the parties sign an act in two copies. Control over the production of ballot papers by the printing enterprises and over the observance of the requirements regarding the destruction of the typographic plates, technical wastes, defective printed matter, and erroneously produced ballot papers shall be exercised by a supervisory commission created by the respective territorial election commission based on submissions from the local organizations of political parties whose parliamentary factions are registered with the Apparatus of the Verkhovna Rada of Ukraine of the current convocation, as of the start of the election process, but no later than on the day of approval of the ballot paper text and establishing the security features of the ballot paper. 4. The territorial election commission, which establishes the results of local elections, shall transfer the ballot papers in the packaging of the manufacturing enterprise to the territorial election commissions, which establishes the outcomes of the respective local elections, within the following terms: 1) the Election Commission of the Autonomous Republic of Crimea or the oblast election commission shall transfer ballot papers from the elections to the Verkhovna Rada of the Autonomous Republic of Crimea or the oblast council to the respective village, settlement or city election commissions – no later than six days before election day; 2) the rayon election commission shall transfer the ballot papers for the elections of the rayon council to the respective village, settlement or city election commissions – no later than four days before the day of voting; 3) the city (in cities with rayon division) election commission shall transfer ballot papers on elections of members of the Verkhovna Rada of the Autonomous Republic of Crimea, the oblast, rayon or city council in territorial or multi-member districts, and on elections of the mayor to the respective rayon in city election commissions – no later than four days before election day. If the transfer is made at a meeting of the territorial election commission, ballots in the packaging of the manufacturer on behalf of the territorial election commission to which the ballots are transferred, are received by at least three members of the commission authorized by its decision, who must be representatives of different candidate nominating subjects, to the respective territorial election commission. 5. A city election commission in cities without rayon division, or a rayon in city, village or settlement election commission no earlier than three days before the voting day at its meeting submits to the respective precinct election commissions ballot papers for each local election in the packaging of the manufacturer: 1) a city (cities without rayon division) or rayon in city election commission transfers the ballot papers for the respective elections of mayor, members of city council, members of a rayon in city council (in cities where rayon in city councils are formed), members of a rayon council, members of the Verkhovna Rada of the Autonomous Republic of Crimea or members of an oblast council in the respective election district (except for the cities of Kyiv and Sevastopol); 2) a village or settlement election commission transfers the ballot papers for the respective elections of village or settlement mayor, members of the village or settlement council, members of the rayon council, members of the Verkhovna Rada of the Autonomous Republic of Crimea or the respective oblast [council] of the respective district. Ballot papers in the packaging of the manufacturer shall be received, on behalf of the respective precinct election commission, by at least three members of this commission, authorized by its decision, who must be representatives of different candidate nominating subjects to the respective precinct election commission. 6. The territorial election commission, which transfers or receives ballot papers at its meeting, shall draw up a three-copy protocol on the transfer of ballots from the respective local elections to the respective territorial election commissions in accordance with the procedure established by Paragraph 6 of Article 37 of the Code and in a form established by the Central Election Commission, with an indication of: 1) the name of the local election; 2) indication and/or the number of the election district; 3) the number of transferred ballot papers; 4) last names and signatures of the members of the territorial election commission who received the ballot papers. The first copy of the act shall be kept in the custody of the territorial election commission that delivered the ballot papers; the second copy shall be delivered to the respective territorial election commission that received the ballot papers, and the third copy shall be immediately posted in the premises of the territorial election commission that delivered the ballot papers for public review. The territorial election commission, which hands over the ballot papers for voting in the respective local election to the precinct election commissions, shall draw a protocol in three copies in a form established by the Central Election Commission, with an indication of 1) the name of the local election; 2) indication and/or the number of the election district; 3) the number of the election precinct; 4) the number of transferred ballot papers; 5) last names and signatures of the precinct election commission members who received the ballot papers. The first copy of the act shall be kept in the custody of the territorial election commission that delivered the ballot papers; the second copy shall be delivered to the respective higher-level territorial election commission, and the third copy shall be immediately posted in the premises of the territorial election commission for public review. An excerpt from the protocol prepared in accordance with the form approved by the Central Election Commission, signed by the chair and secretary of the territorial election commission and three members of the respective precinct election commission and affixed with the territorial election commission’s seal, specifying the data related to the respective election precinct, shall be handed over together with the ballot papers to the representatives of each precinct election commission who received ballot papers. 7. The Election Commission of the Autonomous Republic of Crimea and an oblast, rayon, city, rayon in city, settlement or village election commission shall submit to the respective election commissions all ballot papers prepared for the respective election district. Should it be impossible to transfer ballot papers to the respective territorial election commission, the respective ballot papers shall be considered unused and shall be invalidated by the respective territorial election commission by way of handing them over for destruction to the manufacturer. The ballot papers shall be destroyed by the manufacturer in the presence of representatives of the respective territorial election commission and the control commission established by such election commission, and a corresponding act shall be drawn up thereof. Should it be impossible to transfer ballot papers from the territorial election commission to the precinct election commission, the respective ballot papers shall be considered unused, and a corresponding act shall be drawn up thereof in two copies (if the territorial election commission hands over ballot papers for an election which it does not organize to a precinct election commission and in other cases – in one copy), in a form established by the Central Election Commission. One copy of the act shall be sent to the respective election commission; the second copy shall be kept in the custody of the territorial election commission. Such ballot papers shall be invalidated by the respective territorial election commission after the end of voting by cutting off the bottom right corner of the ballot papers. The invalidated unused ballot papers shall be packed, and the inscription “Unused ballot papers invalidated by the territorial election commission” shall be made on the package, with an indication of the number of the multi-member election district, as well as the number (numbers) of the election precinct, number of packaged ballots and the date and time of packaging; the package shall be signed by the members of the territorial election commission present and
§ Art. IV-242Procedure for Printing Ballot Papers and their Transfer to Election Commissions
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Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.