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Observers and proxies of candidates in ATC elections, their registration and powers
Kateryna Dankova, head of programs at the Chernihiv Public Committee for the Protection of Human Rights, talks about the possibilities of a registered candidate for deputy or head of an ATC to have his/her observers in election commissions and other trusted persons at meetings of election commissions during the first local elections in an ATC, as well as their rights in a question-and-answer session:
Which persons can defend the interests of a registered candidate for deputy or head of an ATC in an election commission?
Such persons can be trusted persons and official observers.
How many trusted persons can a candidate for deputy or head of an ATC have?
A candidate for the position of village, settlement, city (cities with less than 90 thousand voters) mayor may have no more than 3 proxies.
A candidate for deputy in a single-mandate electoral district may have no more than 2 proxies.
Who can and who cannot be a proxie for a candidate for deputy or head of an ATC?
A candidate’s proxies may be a citizen of Ukraine who has the right to vote.
A member of an election commission, a representative in a territorial election commission, an authorized person of a local party organization, an official of a state authority, an authority of the Autonomous Republic of Crimea, a local self-government body, a military serviceman, a person of the rank and file and command staff of the State Penitentiary Service of Ukraine, a police officer, an employee of the Security Service of Ukraine, the National Anti-Corruption Bureau of Ukraine, a person undergoing alternative (non-military) service, a person held in penal institutions, pre-trial detention centers or who has 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 extinguished and has not been removed in accordance with the procedure established by law, cannot be a candidate for deputy or head of an ATC.
How many official observers can a candidate for deputy or head of an ATC have?
The number of official observers that a candidate may have is not limited by law. There are only restrictions regarding the simultaneous presence of relevant persons from each candidate at the commission meeting, at the polling station during voting and during the vote counting. Read more about this in the answer to one of the following questions.
Who can and who cannot be an official observer of a candidate for deputy or head of an ATC?
An official observer from a candidate may be a citizen of Ukraine who has the right to vote.
A member of the election commission, an official of an executive body or court, law enforcement agencies, authorities of the Autonomous Republic of Crimea, local government bodies, a military serviceman, a person undergoing alternative (non-military) service cannot be an official observer for a candidate.
How, when and where can a candidate for deputy or head of an ATC register his proxies?
In order to register his proxies, a candidate must submit a submission to this effect to the territorial election commission that registered him as a candidate. He may submit such a submission after his registration as a candidate, but no later than 3 days before voting day.
How and when can a candidate achieve the early termination of the powers of his proxies?
At any time before the day of voting, a candidate for deputy in a single-mandate electoral district, a candidate for the position of village, settlement, city mayor may apply to the territorial election commission with an application to terminate the powers of his or her proxies.
Can a proxy of a candidate for deputy or head of an ATC achieve early termination of his or her powers as a proxy of a certain candidate?
Yes, it can. In particular, at any time, a proxy of a candidate for deputy in a single-mandate electoral district, a candidate for the position of village, settlement, city mayor may apply to the territorial election commission with an application to terminate the powers of the proxy.
Within what time frame must the territorial election commission decide on the early termination of the powers of a candidate’s proxy?
Such a decision on the cancellation of the registration of a proxy of a candidate for deputy in a single-mandate electoral district, a candidate for the position of village, settlement, city mayor must be made by the TEC no later than 3 days from the date of receipt of the relevant application, and on the eve of voting day or on voting day – immediately.
How, when and where can a self-nominated candidate for deputy or head of an ATC register his official observers?
Until October 23, inclusive, a candidate may submit an application for registration of his official observer to the territorial election commission that registered him as a candidate in the relevant elections.
How and when can a candidate achieve the early termination of the powers of his official observer?
At any time, a candidate may apply to the territorial election commission that registered his observer in the relevant elections with a written application for the termination of the powers of such official observer.
Can an official observer of a candidate for deputy or head of an ATC achieve the early termination of his powers as an observer from a certain candidate?
Yes, he can. In particular, an official observer may at any time apply to the territorial election commission that registered him as an observer in the relevant elections with a statement on the termination of the powers of an official observer.
Within what time frame must the territorial election commission decide on the early termination of the powers of an official observer of a candidate?
The territorial election commission must make a decision on the cancellation of the registration of an official observer from a candidate for deputy in a single-mandate electoral district, a candidate for the position of village, settlement, or city mayor after receiving the relevant statement. The law does not provide for a specific time frame for making such a decision, measured in hours or days.
How many proxies and official observers from one candidate for deputy or head of an ATC can be simultaneously present at a meeting of the commission, at the polling station during voting and during the counting of voters’ votes?
The following have the right to be present at meetings of the election commission, including during the counting of votes, as well as in the premises of the polling station, in compliance with the requirements of the Law:
1) candidates for deputies, their proxies, official observers from candidates for deputies in a single-mandate electoral district (no more than 2 persons in total from the respective candidate for deputies);
2) candidates for the position of village, settlement, city mayor, their proxies, official observers (no more than one person from one candidate).
What rights does a proxy of a candidate for deputy or head of an ATC have?
A candidate’s proxy has the right:
1) to be present at meetings of territorial and precinct election commissions and to participate in them with the right to an advisory vote;
2) to be present at the polling station during voting and at the meeting of the election commission when counting voters’ votes in compliance with the requirements established by this Law;
3) obtain from the territorial election commission a certificate of official observers from the candidate whose interests she represents;
4) upon the instructions of the candidate, be the manager of his own election fund;
5) receive copies of the protocols of the precinct election commission on the counting of votes at the election precinct, the territorial election commission on the results of the vote;
6) draw up acts signed by the persons who discovered the violations and the voters who witnessed the violations, and submit them to the relevant election commission within the deadlines established by law;
7) apply to the relevant election commission with an application for the elimination of the identified violations;
8) upon the instructions of the candidate, to appeal on his behalf the decisions, actions or inaction of the territorial, precinct election commission that violate the legitimate rights of the candidate, in accordance with the procedure provided for by this Law;
9) to receive from the relevant territorial election commission information on the submission or non-submission to the territorial election commission of copies of printed election campaign materials and to familiarize himself with them;
10) has the rights of an official observer from the subject of the election process, provided for by this Law;
11) to exercise other rights provided for by this Law for authorized persons.
At the same time, interference by a candidate’s proxy in the work of election commissions is not allowed, as is their presence in a secret voting booth while another voter is in it and/or filling out a ballot paper instead of the voter (including at his request).
What rights does an official observer from a candidate for deputy or head of an ATC have?
An official observer from a local party organization or candidate may:
1) be present at meetings of the candidate (candidates), at pre-election meetings, rallies, and meetings of election commissions;
2) familiarize themselves with election campaign materials;
3) be at polling stations during voting, observe from any distance the actions of members of the election commission, including during the issuance of ballots to voters and the counting of votes, without physically interfering with members of the election commission;
4) take photographs, film, audio and video recordings, without violating the secrecy of voting;
5) be present when ballots are issued to members of the precinct election commission, including for the organization of voting by voters at their place of residence and during such voting;
6) be present, in compliance with the requirements of this Law, at meetings of precinct and territorial election commissions, including during the counting of violations of this Law, which shall be signed by him and at least two voters who certify the fact of this violation, indicating their surnames, first names, patronymics (if any), place of residence and residential address, and submit it to the relevant election commission or to the court;
7) apply to the relevant election commission or to the court to eliminate violations of this Law in the event of their detection;
8) draw up an act on the detection of violations of the electoral process or preventing members of the election commission from exercising their powers;
9) take necessary measures within the framework of the law to stop illegal actions during voting and counting of votes of voters at the election precinct;
10) receive copies of protocols on the transfer of ballots, on the counting of votes and the establishment of voting results and other documents in cases provided for by this Law;
11) exercise other rights provided for by this Law for official observers.
An official observer from a candidate does not have the right:
1) interfere in the work of the election commission, take actions that violate the voting of voters at the polling station and the establishment of voting results;
2) fill in a ballot paper instead of a voter (including at his request);
3) be present when a voter fills in a ballot paper in a booth for secret voting.
We remind you that the specialists of the Chernihiv Public Committee for the Protection of Human Rights (CHPCHR) offer free legal advice on election issues to participants in the election process: voters, members of election commissions, candidates.
You can get advice in several ways:
– by e-mail, writing your question to the organization’s e-mail: ;
– through the organization’s website, writing your question in the appropriate form ;
– writing your question in a message on the organization’s page at ;
– by phone at the numbers: (0462) 612-532, (063) 158-32-46;
– by visiting the public reception of the CHGKZPL in Chernihiv at the address: 57 Honcha St.
In this case, it is advisable to call the above numbers in advance and notify them of your visit.
The project “Free and Fair Local Elections” is implemented in Ivano-Frankivsk, Ternopil, Mykolaiv, Kherson, Rivne, Volyn, Sumy, Khmelnytskyi, Vinnytsia and Chernihiv regions with the support of the National Endowment for Democracy (NED).