New Election Law: Key Legal Vulnerabilities for Fraud Denys Kovryzhenko, Agency for Legislative...
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Transcript of New Election Law: Key Legal Vulnerabilities for Fraud Denys Kovryzhenko, Agency for Legislative...
![Page 1: New Election Law: Key Legal Vulnerabilities for Fraud Denys Kovryzhenko, Agency for Legislative Initiatives.](https://reader036.fdocuments.in/reader036/viewer/2022083009/5697bf8f1a28abf838c8d77c/html5/thumbnails/1.jpg)
New Election Law: Key Legal Vulnerabilities for Fraud
Denys Kovryzhenko,
Agency for Legislative Initiatives
![Page 2: New Election Law: Key Legal Vulnerabilities for Fraud Denys Kovryzhenko, Agency for Legislative Initiatives.](https://reader036.fdocuments.in/reader036/viewer/2022083009/5697bf8f1a28abf838c8d77c/html5/thumbnails/2.jpg)
Main Weaknesses of the New Election Law Law
Territorial organization of the election Establishment of the election commissions Voter registration and voter lists MP candidates nomination Media coverage of the election Voting and counting procedures EDR and liability
![Page 3: New Election Law: Key Legal Vulnerabilities for Fraud Denys Kovryzhenko, Agency for Legislative Initiatives.](https://reader036.fdocuments.in/reader036/viewer/2022083009/5697bf8f1a28abf838c8d77c/html5/thumbnails/3.jpg)
Territorial organization of the election
Rayon and city boundaries may not be considered in boundary delimitation process
12% deviation allows to create more districts in Eastern Ukraine and less districts in Western Ukraine
Assigning the voters abroad to districts in Kiev can be politicized. No possibilility to vote outside of diplomatic institutions
2500 voters per precinct – need in review of the precinct boundaries
The procedure for establishment of the permanent precincts is not clearly defined
![Page 4: New Election Law: Key Legal Vulnerabilities for Fraud Denys Kovryzhenko, Agency for Legislative Initiatives.](https://reader036.fdocuments.in/reader036/viewer/2022083009/5697bf8f1a28abf838c8d77c/html5/thumbnails/4.jpg)
Establishment of the election commissions
Selection of the members to EC can be uneasy task for factions formed by blocs
The members of the commissions can be replaced only if the number of members decreases below the lowest level (e.g. to 11 for DECs)
The procedure for drawing lots is not defined, rejection of the nomination does not require decision of commission
![Page 5: New Election Law: Key Legal Vulnerabilities for Fraud Denys Kovryzhenko, Agency for Legislative Initiatives.](https://reader036.fdocuments.in/reader036/viewer/2022083009/5697bf8f1a28abf838c8d77c/html5/thumbnails/5.jpg)
Voter registration and voter lists
Weak party control over registration proces (few copies of the VR database per each party to be checked within a narrow timeframe)
Weak control over transferring the voter lists to the PECs from RMBs
Almost unrestricted possibility of changing the place of voting without change of the voting address creates possibilities for fraud and “migration” of the voters
The possibility of amending the lists on the day of election, even if based only on a court decision, retains the risk of manipulation
![Page 6: New Election Law: Key Legal Vulnerabilities for Fraud Denys Kovryzhenko, Agency for Legislative Initiatives.](https://reader036.fdocuments.in/reader036/viewer/2022083009/5697bf8f1a28abf838c8d77c/html5/thumbnails/6.jpg)
Candidates’ nomination
Both cancellation and rejection of registration are uneasy tasks
BUT Nomination in violation of a party’s charter
or law does not result in rejection of the candidates – nominations can be done only on paper
![Page 7: New Election Law: Key Legal Vulnerabilities for Fraud Denys Kovryzhenko, Agency for Legislative Initiatives.](https://reader036.fdocuments.in/reader036/viewer/2022083009/5697bf8f1a28abf838c8d77c/html5/thumbnails/7.jpg)
Media coverage of election
Severe sanctions remain Additional obligations are imposed No restrictions on checks on media (e.g.
by tax authorities etc.)
![Page 8: New Election Law: Key Legal Vulnerabilities for Fraud Denys Kovryzhenko, Agency for Legislative Initiatives.](https://reader036.fdocuments.in/reader036/viewer/2022083009/5697bf8f1a28abf838c8d77c/html5/thumbnails/8.jpg)
Voting and counting procedures
Documents on the receipt of the ballot papers are not required to be posted on the CEC website
No requirements on the number of voting booths per precinct
PEC is not required to provide the DEC with the data on home voting
The number of ballot papers in each ballot box shall not be entered into the vote counting protocol
Election cannot be invalidated both nationally and within a district
Thresholds for declaring the voting at the election precinct invalid still remain
The CEC is entitled to establish election results within a district; procedure is not defined
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EDR and liability for offences
Narrow timeframes for consideration of complaints and lawsuits (2 days)
Observers are not entitled to challenge decisions, actions and omissions with the PECs and DECs
Certain court decisions cannot be appealed No liability for some offences or no proportionate
and dissuasive sanctions for violations
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Conclusions
In a number of provisions, new law is better than the majority and WG draft
However, some possibilities for fraud and manipulation still exist
Due to the system applied to parliamentary election (parallel system) observation should cover the period starting from the establishment of the precincts and districts until final declaration of the election results