When can presidential elections take place and what's new in candidate requirements: The CEC has developed proposals for post-war elections
Kyiv • UNN
The Central Election Commission has developed proposals for holding elections after the termination of martial law in Ukraine. They primarily propose holding presidential elections six months after the lifting of martial law.
The Central Election Commission has developed proposals for the legislative regulation of the specifics of organizing and conducting nationwide elections after the termination or cancellation of martial law in Ukraine. In particular, it is envisaged to hold presidential elections in Ukraine first, which should take place six months after the cancellation of martial law, and the requirements for presidential candidates are also clarified. This was reported by UNN with reference to the CEC press service.
Details
According to the draft law, the decision to call elections for the President of Ukraine, which were not held due to the introduction of martial law in Ukraine, is made by the Verkhovna Rada within one month from the day of termination or cancellation of martial law. The electoral process for such elections begins no earlier than six months from the day of termination or cancellation of martial law in Ukraine.
As noted by the CEC, such a period is primarily due to the need to carry out a number of preparatory measures before the start of the electoral process, including assessing the readiness of relevant territories to organize and conduct voting, making a decision on the possibility or impossibility of conducting voting in relevant territories, taking actions aimed at opening additional polling stations, updating information in the database of the State Register of Voters, calculating the necessary amount of budget expenditures to ensure the conduct of elections, taking into account the final consequences of the armed aggression of the Russian Federation and the specifics of conducting these elections, etc.
The process of presidential elections begins 90 days before election day. The Central Election Commission announces the start of the election process by making a decision no later than 91 days before election day.
At the same time, elections of people's deputies, which were not held due to the introduction of martial law in Ukraine, take place on the last Sunday of the 90-day period from the day of the official announcement of the results of the presidential elections.
After the cancellation of martial law in Ukraine, within one month, "in order to determine the possibility of organizing and conducting voting in nationwide elections in the relevant territories," an initial assessment of the territories' readiness to organize and conduct voting is carried out.
The procedure, order, and criteria for conducting the initial assessment, as well as other issues related to its conduct, are determined by a separate law, which establishes the criteria and procedure for making a decision on the possibility or impossibility of organizing and conducting voting in certain territories of Ukraine.
Among the criteria by which the assessment is carried out, the following must be included:
- security situation;
- proper functioning of critical infrastructure facilities and facilities that ensure the vital activity of the population in the relevant territories;
- the ability to ensure proper conditions for the free formation and expression of the will of voters.
Regional administrations must submit to the CEC:
- projected number of polling stations;
- availability of infrastructure for organizing and conducting voting.
Also, after the cancellation of martial law, the Ministry of Foreign Affairs must immediately take measures to ensure the realization of the rights of Ukrainian citizens abroad to participate in relevant nationwide elections, and also contributes to the organization of the preparation and conduct of such elections abroad.
To this end, the Ministry of Foreign Affairs appeals to foreign diplomatic missions of Ukraine, except those located in the territory of the Russian Federation and Belarus, to obtain information regarding:
- estimated number of voters residing in the territory of a foreign state;
- projected number of additional foreign polling stations.
According to the document, due to the impossibility of ensuring the safety of Ukrainian citizens and conducting elections in compliance with international standards, voting by Ukrainians in the territory of the Russian Federation and the Republic of Belarus during nationwide elections is not organized and not conducted.
"Ukrainian citizens residing or staying in the territory of the Russian Federation and the Republic of Belarus are provided with conditions for free expression of will during nationwide elections in the territory of another foreign state or in the territory of Ukraine that is not temporarily occupied," the document states.
Ukrainians residing or staying in the territory of the Russian Federation and Belarus can, on their own initiative, register to vote in Ukraine or abroad in the territory of another foreign state, change their electoral address, or temporarily change their polling place.
Also, elections will not be held in temporarily occupied territories. Ukrainians living in such territories must move to the territory controlled by the Ukrainian government to vote in the elections.
Military personnel vote at regular polling stations located outside military units.
In an exceptional case, to ensure the voting of military personnel on the territory of a military unit, the CEC, no later than 10 days before election day, may establish a special polling station on a temporary basis at the request of the Ministry of Defense of Ukraine. Such a request is submitted to the Central Election Commission no later than 13 days before election day.
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The CEC registers candidates for the President of Ukraine, and people's deputies of Ukraine, provided that, in addition to the documents provided for by the Electoral Code of Ukraine, they submit a statement from the respective candidate regarding the presence or absence of circumstances related to participation in armed aggression against Ukraine, cooperation with the aggressor state or its occupation administration, receiving funds for financing the election campaign from the aggressor state or another foreign state, their legal or natural persons, as well as other actions that may indicate a threat to the constitutional order, democratic system, independence, territorial integrity, and sovereignty of Ukraine.
If the candidate has relevant circumstances, he or she indicates detailed information about them in the statement, with mandatory indication of the forms of activity that took place.
In addition to the grounds established by the Electoral Code, the CEC makes a decision to refuse registration or cancel the registration of a candidate for the President of Ukraine, a candidate for people's deputies of Ukraine in case of:
- establishing the fact of involvement in international crimes provided for by the Rome Statute of the International Criminal Court, including obtaining the status of a suspect or accused in such crimes within the framework of criminal proceedings conducted in Ukraine;
- establishing by the court the fact of providing the candidate with a contribution, financial (material) support for election campaigning or financing other measures for their participation in the electoral process from sources related to a foreign state recognized by the Verkhovna Rada as an aggressor state.
Local authorities are obliged to take measures to provide election commissions with the necessary premises for organizing their work and conducting voting. In exceptional cases, if there is no necessary premises for the precinct election commission and/or premises for voting within the polling station due to the consequences caused by the war, the work of the precinct election commission and voter voting can be organized in temporary structures - tents, pavilions, other light structures.
The temporary structure must be located taking into account the need to comply with safety requirements, ensure its security, the security of ballot papers and other election documentation, prevent illegal interference by third parties in the work of the precinct election commission, prevent violations of the voting procedure and vote counting, and ensure the accessibility of the temporary structure for people with disabilities and other low-mobility groups of the population.
The security of temporary structures is provided by the forces of the National Police of Ukraine and other law enforcement agencies or military formations involved by the National Police.
Such structures should, if possible, be located near shelters.
For voting, ballot boxes made of transparent or translucent material are used, the characteristics of which, dimensions and other structural features are established by the CEC.
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If the draft law is adopted, it will enter into force on the day following its publication, but it is currently unknown what its term of validity is expected to be.
Also, after its adoption, the Cabinet of Ministers:
- within one month from the date of entry into force, bring its regulatory legal acts into compliance with this law;
- ensure the financing of the elections of the President of Ukraine and the elections of people's deputies of Ukraine at the expense of the State Budget of Ukraine, allocated for the preparation and conduct of the respective elections;
- ensure additional financing of the activities of the Central Election Commission;
- ensure the development and implementation of software for the Unified State Web Portal of Electronic Services, including the Diia mobile application;
- ensure, together with the Central Election Commission, the National Council of Ukraine on Television and Radio Broadcasting, the informing of voters about election procedures provided for by this and other laws of Ukraine.