On September 13, 2012, just five days prior the establishment of precinct election commissions (PEC), the Central Election Commission (CEC) has changed the procedure on how precinct election commissions shall be established. Under the new rule district election commissions shall draw just one lot for all PECs in a respective district. Previous resolution of the Central Election Commission #88 established the procedure on May 17, 2012 obliged the DECs to draw separate lots for each PEC.
By September 21, 2012 DECs are obliged to establish PECs by drawing a lot. The deadline for submission of nominations is September 18, 2012 and the District Election Commissions have three days to establish compositions for all precinct election commissions (Article 28.5 of the law on election of the People's Deputies of Ukraine). All PECs should include one representative of each political party whose parliamentary faction is registered with the Apparatus of the Verkhovna Rada of Ukraine of current convocation and has made the required submission. Every PEC should also include no more than one representative of each electoral subject and each MP candidate in the respective single-mandate district on the basis of drawing lots, to be conducted by the district election commission in accordance with the procedure established by the Central Election Commission.
ENEMO is concerned about the changes of the way how PECs shall be formed as this new approach of a single lottery might not guarantee a fair balance of representation of political parties in the PECs. The CEC has already established all 225 DEC in a single lottery of which outcome was distorted balance in district election commissions and unusual high number of ongoing replacements in DECs. Furthermore, ENEMO is seriously concerned about the non-transparent way how the Central Election Commission decided on this matter without proper discussion in situation when political parties and observers were not given the text of the discussed resolution.
ENEMO appeals to the Central Election Commission to revise its latest decision and ensure fair and balanced composition of precinct election commissions in districts by using separate draw of lots for each precinct commission. The Mission recommends the Central Election Commission to provide transparent decision-making by making available draft decisions, draft proposals prior to the CEC meetings and announce at least tentative agenda.