Features of the electoral process for vulnerable voters discussed in Chernihiv

On March 5, 2019, a round table was held in Chernihiv on the topic: “How will people vote at special polling stations in Chernihiv region.”

As part of the event, the participants discussed practical aspects of preparing and holding the elections of the President of Ukraine at special polling stations in Chernihiv region, as well as the problems of ensuring the free and transparent expression of will of socially isolated categories of voters, in particular those who will vote in penitentiary, medical and social-medical institutions.

The event was opened by

the head of the Chernihiv Public Committee for the Protection of Human Rights Viktor Tarasov

, who said the following:

– Currently, the main attention of the Ukrainian and international community is focused on the presidential elections in Ukraine, which should become fateful for the country. Ukrainian citizens must make a conscious and responsible choice that will directly affect their future fate in the coming years.

It so happened that most of the past election campaigns in Ukraine were often accompanied by the use of administrative resources, fraud, and pressure on voters. In particular, this concerned voters who are in a vulnerable position or under the care of the state. First of all, these are voters who are in custody in penitentiary institutions, are undergoing treatment in medical institutions, as well as voters who are held in social institutions (boarding homes, boarding schools).

The electoral process itself and the voting procedure in such places have their own peculiarities. The results of elections in previous years in such institutions often raised many doubts and questions, which is explained by the limited access to sources of information, in particular regarding the programs of political parties / candidates, the voting procedure and the rights of voters, and the opportunities to obtain legal support.

In turn, the heads of such institutions are often dependent on central and local authorities, which can put pressure on the administration of these institutions to ensure “correct” voting results at such polling stations.

As the human rights activist noted, the right to vote in elections is a fundamental political right of citizens. And the state has an undeniable obligation to ensure free and transparent expression of will and access to the electoral procedure for all citizens who have this right.

Head of the State Register of Voters Administration Department of the Chernihiv Regional State Administration Valeriy Bilooki

noted:

– Currently, 42 permanent special polling stations and 2 temporary ones (in the Chernihiv and Novgorod-Siverskyi detention centers) have been formed in the Chernihiv region, of which 36 exist in medical institutions. According to the legislation, the State Register of Voters (SVR) department produces voter lists for polling stations in penal institutions. Currently, money has been allocated from the state budget and the necessary materials are already being purchased, so we hope that there will be no threats and the SVR departments will produce these lists in a timely manner, which will be transferred to polling stations according to the plan on March 21.

The representative of the State Register of Voters also drew attention to the fact that in medical institutions, after compiling the voter list, precinct election commissions immediately transfer information about voters included in these lists to the departments of maintaining the electoral register to make appropriate notes in the electoral register regarding the place of voting of these voters in order to avoid duplication.

Practice shows that the problem is to accurately determine the location of the patient at the time of voting, because it is impossible to predict the time of recovery, therefore it is better for the voter (who is undergoing treatment) to clarify on which lists he is listed. And we hope that each voter will find himself on the lists and will be able to vote.

“We provide lists of patient voters by March 22, but additional lists will be compiled for those who will be hospitalized later for urgent reasons. Although we are trying to discharge as many patients as possible before the elections. At the same time, there are those who refuse to continue treatment themselves, and they will probably have to return to the hospital to vote, – noted

Deputy Head of the Health Department of the Chernihiv Regional State Administration Volodymyr Pulin.

– The only problem is the stay in the regional psychoneurological hospital of offenders who are undergoing treatment by court decision. After all, to ensure their right to vote, such persons have to be accompanied by security in shackles to the polling station, which is often critically assessed by the media. Therefore, the Department asks to ensure the delivery of a portable ballot box directly to the department where such voters are. Otherwise, there are no problems at the moment and medical workers are preparing for 24-hour duty on election day itself.

Acting Deputy Chief of Chernihiv Correctional Colony No. 44 Olesya Kosova

said that a polling station has been created on a permanent basis in their institution, so there are currently no problems with ensuring the expression of the will of convicts, whose personal cards are already being prepared. At the same time, no political force or candidate has yet wanted to hold campaign events or meetings in their institution.

Deputy Chief of Chernihiv Pre-Trial Detention Facility Yuriy Bilokolosha

said that a temporary polling station No. 000001 was created on their territory and there are currently no problems with preparations for the elections. On election day, prisoners will vote using cell cards. And those persons who will be taken to the pre-trial detention center on the eve of voting day will also be granted the right to vote on legal grounds (through a person’s appeal to the court). In this case, it is worth considering the specifics of the personalities and legal status of such citizens, who may attract unnecessary attention in various ways.

Member of the district election commission No. 206 Paraskoviya Sydorenko

reported that there are 7 special polling stations on their territory. No violations or complaints about the election process at the special polling stations have been recorded so far. Given the large number of official observers (which is growing every year), DEC members hope that there will be no pressure on voters or members of election commissions.

Director of the Regional Center for the Provision of Free Secondary Legal Aid (BVPA) in Chernihiv Oblast Iryna Protchenko

reported that legal workers will be on duty in each district legal aid bureau of their structure, who will provide the necessary legal services. Currently, legal education activities are being held within the framework of the project “I Have the Right”, within the framework of which special attention is paid to young people who will vote for the first time.

Director of the Chernihiv Local Center for the Provision of BVPA Volodymyr Bobruyko

supplemented his colleague by saying that his subordinates are also conducting legal education activities regarding the electoral process. But since the main task is secondary legal assistance (drafting claims, representation in courts), their main work will be on duty on March 30 and 31 to provide legal assistance in case of violations of voters’ electoral rights at polling stations.

Public Ombudsman for the Protection of Electoral Rights of Citizens in Chernihiv Oblast of the Civic Network OPORA Olena Rogova

informed that OPORA has developed a memorandum on elections and possible actions, rights and obligations of such citizens specifically for vulnerable categories of the population and places of deprivation of liberty, and visits to these institutions and relevant legal education are also provided.

“The current law on presidential elections quite clearly prescribes an algorithm of actions regarding the organization and conduct of elections at special polling stations, subject to which the elections should take place without problems. Although at the same time, protests by convicts in disagreement with their conditions of imprisonment are possible, – noted

the head of the Chernihiv branch of the NGO “Committee of Voters of Ukraine” Volodymyr Andriychenko

, – In Chernihiv, there have been no violations of the deadlines for applications regarding the creation of special polling stations (although such problems have arisen in Kyiv). Therefore, we hope for fair elections and effective cooperation with members of election commissions at special polling stations”.

– The European Network of Election Observation Organizations (ENEMO) has already begun observation throughout Ukraine. Currently, long-term observers are present in each region, organizing preparations for the arrival of short-term observers (who will appear closer to the elections), – concluded the speakers’ speech

long-term observer of the ENEMO mission in Ukraine Dmytro Kabak

. – We have already visited some of the bodies conducting the DRE, met with some members of the district election commissions. The mission’s task also includes establishing contacts with all bodies and organizations involved in the elections.

The event was organized by the Chernihiv Public Committee for the Protection of Human Rights as part of the implementation of the project “Every Vote Matters!” with the support of the Democracy Fund of the US Embassy in Ukraine.