Rights, obligations and social guarantees of PEC members during presidential elections

Recently, in Chernihiv region, as throughout the country, district election commissions for the elections of the President of Ukraine were formed and started working. It is the DEC that is also responsible for forming precinct election commissions, which will ensure the organization of the electoral process directly on the ground. Therefore, this article will discuss the powers, rights, obligations, as well as social guarantees of PEC members.

When, by whom, and in what composition are PECs formed?

PECs must be formed by May 6 inclusive, consisting of a chairman, deputy chairman, secretary, and other commission members in the number of at least 12 people. In precincts where the number of voters does not exceed 50 people, a PEC may be formed consisting of a chairman, secretary and 2-4 commission members.

What powers does a PEC have?

Article 27 of the Law “On the Elections of the President of Ukraine” establishes a complete and clear list of powers of a PEC. Among them: control over compliance with and uniform application of the legislation on the elections of the President of Ukraine; receipt, compilation, provision for review of voter lists; organization of voting at the polling station; counting votes; consideration of appeals, applications and complaints on issues of making changes to the voter list, organization and conduct of voting and counting votes at the polling station and, within the limits of its powers, making decisions on them; others.

Attention!

In the event that the elections of the President of Ukraine are held simultaneously with the elections of people’s deputies of Ukraine, deputies of local councils and village, settlement, city mayors, the PECs shall also exercise the powers defined by the laws of Ukraine “On Elections of People’s Deputies of Ukraine” and “On Elections of Deputies of the Verkhovna Rada of the Autonomous Republic of Crimea, Local Councils and Village, Settlement, City Mayors”.

When do the powers of the PECs begin?

The powers of the PECs begin from the moment the majority of its members take the oath. This takes place at a meeting of the commission, convened by its chairman and held no later than the second day after the decision to establish it is made.

What are the responsibilities of the chairman, deputy chairman, secretary and members of the PECs?

The chairman of the PEC organizes its work, convenes and chairs the meeting. In the absence of the chairman, the deputy has the right to convene the meeting. The secretary keeps the minutes of the commission meeting and signs the minutes together with the chairman. In addition, the secretary must convene the meeting in the absence of the chairman and deputy (in this case, the meeting is chaired by a member of the PEC determined by the commission’s decision).

The distribution of duties among other members of the PEC is determined by the commission’s decision.

What should be the working hours of the PEC?

To ensure the effective work of the election commission and compliance with the requirements of the Law, at least one member of the commission must be present in the PEC premises during working hours. After all, the commission must ensure the constant reception of applications, complaints from subjects of the electoral process, ensure that voters can familiarize themselves with the voter list, etc. To do this, the PEC should approve the daily schedule and duty schedule of commission members at the polling station by decision.

What rights does a PEC member have?

A PEC member has the right to: participate in the preparation of issues submitted for consideration by the election commission; speak at its meetings, ask questions to other participants in the meeting regarding the agenda; make proposals on issues within the powers of the commission; freely visit all commission premises; familiarize themselves with all documents of the commission of which he is a member. A PEC member also has the right to compensation for damage caused to his life, health or property in connection with the performance of his duties as a member of the election commission, in the manner and to the extent established by law.

What obligations are imposed on a PEC member?

A member of a PEC is obliged to: comply with the Constitution of Ukraine, laws on the preparation and conduct of elections, participate in meetings of the election commission, fulfill the decisions of the commission and the duties assigned to him in accordance with their distribution in the commission.

Attention!

A member of a PEC is prohibited from campaigning for or against candidates for the post of President of Ukraine, as well as publicly evaluating the activities of candidates and parties – subjects of the electoral process.

Can a person who recently moved to the region from a region where there are currently difficult socio-political conditions be included in the PEC in Chernihiv region?

If a person who has moved from a region where there are currently difficult socio-political conditions is an adult citizen of Ukraine and has the right to vote, then he or she may be a member of a PEC in the Chernihiv region.

Each person has the right to be a member of only one precinct election commission.

The following may not be members of a PEC: candidates for the post of President of Ukraine, their authorized representatives, proxies; officials and employees of state authorities and local self-government bodies; citizens who are held in penal institutions, pre-trial detention centers, have a conviction for committing a serious or especially serious crime, a crime against the electoral rights of citizens or a corruption crime, if this conviction has not been expunged or removed in accordance with the procedure established by law. If other elections are held simultaneously with the Presidential elections, the PEC cannot include candidates running in these elections, their proxies, party representatives, and official observers.

What guarantees does the legislation establish for PEC members who are pensioners, unemployed, etc.?

Article 40 of the Law on Presidential Elections of Ukraine clearly states that work related to the organization of the preparation and conduct of elections, of persons recognized as unemployed in accordance with the procedure established by law, as part of precinct election commissions or as specialists, experts, and technical workers, is not a basis for removing these persons from the State Employment Service’s register as job seekers, or for terminating their payment of unemployment benefits and other types of social assistance.

The remuneration of PEC members and specialists or technical staff of the commission who are pensioners and are involved on the basis of civil law contracts cannot be the basis for limiting the amount of pension they receive.

In addition, the remuneration of PEC members, as well as persons involved in the work of the commission, including on voting day, days of establishing voting results and election results, cannot be the basis for canceling, limiting or reducing any types of social payments, pensions, subsidies to reimburse the costs of housing and communal services, etc., for them and their family members living with them.

Does an employer have the right to dismiss an employee because he performs the duties of a PEC member?

No, he does not. In accordance with Part 4 of Article 29 of the Law on Presidential Elections of Ukraine, by decision of the PEC, which is approved by the DEC, the chairman, deputy chairman and secretary may perform their duties in the election commission during the entire period of the powers of this election commission or part of this period with payment for their work in the commission. The specified persons are exempted from performing production or official duties at their main place of work for this period, while maintaining the corresponding length of service.

As for other “not exempted from labor duties” members of the commission, among the grounds listed in Article 40 of the Labor Code of Ukraine, there is no reason to dismiss an employee from work for performing the duties of a PEC member at the initiative of the employer.

Free legal assistance for voters and members of election commissions

We would like to remind you that today, within the framework of the implementation of the “Protection of Civil and Civic Rights in Ukraine”, you can receive free legal assistance, including on election issues. For this, residents of the Chernihiv region can contact


the Chernihiv Public Committee for the Protection of Human Rights at the address: 57/1 Gorkogo St., Chernihiv, 14000, hotline number: (0462) 612-532.