The voting process in the first local elections, held on December 18, was accompanied by the same typical abusive practices as during previous elections, namely violation of voting procedure, obstruction of observers’ activity, falsification of election documents and presence of unauthorized persons at the polling stations.
Yesterday, December 18, 2016, Ukrainian citizens took part in the election of local authorities (mayors and deputies of relevant local councils, as well as one chief) in the united territorial communities, of which 76 are village communities, 46 are township communities and 21 are city communities.
According to civil observers representing Civil Network OPORA, voter turnout was quite high on December 18, while the voting process was carried out, for the most part, in a conflict-free atmosphere. There were only minor violations with no signs of pre-planned, deliberate or purposeful electoral fraud.
“On Election Day, OPORA’s observers recorded 136 incidents that constitute a violation of electoral law, - said Olga Aivazovska, coordinator of electoral and parliamentary programs of Civil Network OPORA. - Our representatives documented these facts of abusive practices and violations, drew up 22 reports of alleged violations, and prepared 5 complaints. The largest number of violations was recorded in Zhytomyr, Dnipropetrovsk, Sumy and Zaporizhzhya oblasts”. The expert drew attention to the incident that took place in Lviv oblast (Pasiky-Zubrytski village located in Davydiv territorial community) where OPORA’s observers weren’t allowed to attend the meeting of PEC #460961. An unknown person used physical force to prevent observers from returning to the premises of polling station which they temporarily left with the knowledge and acceptance of members of election commission for the purpose of drawing up a report of alleged violation.
Precinct election commissions failed to ensure full compliance with the electoral procedures on Election Day. “No data was put into vote counting protocols at the morning meetings of 16 precinct election commissions, - said OPORA’s analyst Olexandr Neberykut, - which is evidence of low level of legal competence and professional qualification of members of the election commissions. Furthermore, in several cases official observers were deprived of the opportunity to perform their duties to the full extent and ensure observance of the electoral procedures, including vote tabulation, due to deliberate obstruction of their activity”. In 8 precinct election commissions OPORA’s observers were denied access or expelled from the polling stations. Some election commissions (in Vinnytsia and Donetsk oblasts), which resorted to violent interpretation of the law, exceeded their powers and abridged the rights of observers by forcing them to stay inside voting premises at the stage of vote tabulation. At the same time, some election commissions allowed the presence of unauthorized persons at their meetings coupled with obstruction of observers’ activity, which is evidence of unequal application of the Law.
Civil observation provided evidence of the fact that violation of procedure for issuance of ballot papers is a customary practice in sparsely populated territorial communities, and such a practice is not regarded as a violation by interested voters and members of the election commissions. OPORA’s observers recorded attempts to issue ballot papers without presentation of valid ID documents in 15 PECs. In particular, the election commission in Vilsk united territorial community (Chernyakhiv rayon, Zhytomyr oblast, polling station #181143) adopted a decision which legitimized unlawful manner of issuance of ballot papers and allowed voters to cast ballots without presentation of valid passports. “The fact that voters usually are accepting of such misconduct on the part of members of election commissions indicates critically low level of legal culture and awareness among citizens who don’t realize the consequences of law violation”, - said Olexandr Neberykut.
Similar to Election Day on December 11, OPORA’s observers noted the poor level of logistical support and non-suitability of polling stations for voting, which not only caused additional inconvenience to voters and members of election commissions, but also often made it impossible to maintain law and order during voting process (in particular, in terms of ensuring secrecy of ballot).
“Although during the election campaign voters didn’t show significant interest in the electoral process, while the election campaigns of candidates (political parties) weren’t particularly intensive, voter turnout was still quite high in the first local elections held on December 18, 2016, - said OPORA’s analyst Olexandr Klyuzhev. As of close of the polling stations, the average voter turnout rate was 47.29%, while record-setting voter turnout was witnessed in Zakarpattya oblast - slightly above 79%”. Indicated voter turnout figures do not include the summarized data on voter turnout in Barashivka village territorial community (Zhytomyr oblast), Mostyska city territorial community and Zhovtantsi village territorial community (Lviv oblast). According to OPORA’s expert, voters’ interest in participating in the voting process could be due to their desire to influence the composition of newly-formed representative bodies of the united territorial communities, which are vested with broader powers and more extensive resources.
Civil Network OPORA emphasized that in the course of ballot day OPORA’s observers actively cooperated with law enforcement agencies by way of calling in the police on 23 occasions and officially providing the information on recorded violations. Law enforcement agencies have made reasonable efforts towards ensuring public order at the polling stations and election documentation integrity, but they weren’t efficient enough in terms of responding to violation of election legislation.
Since the process of vote tabulation and certification of election results is still ongoing, Civil Network OPORA urges CEC and election commissions of all levels to conduct awareness-raising campaign and tighten control over the process of financial reporting by electoral subjects and calls on law enforcement agencies to ensure prompt investigation of violations committed in the first local elections for the purpose of observance of the principle of inevitability of punishment for crimes against electoral rights of citizens.
The common problems recorded in the course of election campaign and on Election Day once again actualize the need for increasing the level of legal culture and awareness among voters and improving professional abilities of members of election commissions, as well as the need for strengthening preventive action and ensuring prompt police response to electoral violations. Implementation of these measures should be combined with a comprehensive reform of the electoral legislation.
Concerning commentaries please refer to: Olga Aivazovska 0636179750, Olexandr Klyuzhev 0636300068, Olexandr Neberykut 0636286837.
Civil Network OPORA’s statement on preliminary results of observation of first local elections in the united territorial communities held on december 18, 2016
Reference information:
Civil Network OPORA conducts observation of first local elections scheduled for December 11 and December 18, 2016.
Monitoring of electoral process on Election Day, scheduled for December 18th, was conducted by 203 OPORA’s long-term observers and mobile monitoring teams in each of 143 territorial communities.
Civil monitoring organized by Civil Network OPORA is an area of activity aimed at objective assessment of the process of preparation and conduct of elections, as well as prevention of violations of electoral law by way of effectively organized civil control.