11/19/2004 | Сергій Кабуд

Here are some points about election monitoring at a polling station. Keep in mind
that the organizations that do election monitoring organize people professionally.
What follows are my own observations and rules and based on my own experience on
Oct. 31. This is as exhaustive as I could make it, but it gives a very clear idea of
the process. If there's anything that doesn't make sense, let me know.
Good luck to all of you!
Sincerely,
Lidia Wolanskyj


MONITORING THE ELECTION, ROUND 2

Preparation:
(1) Someone in the group should have a copy of the election law. It helps a lot when
questions or conflicts arise. It's even better if you studied it before. Each
commission, as far as I know, has a lawyer among its members, but it helps if the
monitors are also knowledgeable.


(2) Bring at least a still camera along, but even better is a video camera. Better
yet if two such apparatuses are available in any given group. A tape recorder isn't
bad, but it's less helpful.


(3) Be prepared to stay all night and escort the original protocols to the next
level (Territorial Election Commission), so bring some munchies. Believe me, you
will feel fantastic when you see your station's protocols are turned over to the DVK
intact. It's worth the wait.


(4) You can take with you copies of the complaint forms for violations (Skarha) and
the protocol of observed violations (Akt pro porushennia). Only Ukrainian citizens
may sign such documents.


Election Process:


(1) Each polling station has a commission consisting of representatives of every
candidate running for office. Three of them are officers: The chair (holova), the
deputy chair and the secretary. Since the signatures of all three officers and a
quorum of the commission members are needed for final protocols to be valid, any
"disappearances" cannot be permitted.


(2) Each polling station also has a number of dedicated monitors who represent the
candidates on the ballot and various domestic and foreign organizations.


(3) In addition, there can be "floating" monitors from a variety of organizations
and members of the press.


NOTE: MEDIA REPS (no more than two per organization) HAVE A RIGHT TO BE PRESENT IN
THE POLLING STATION WITHOUT THE PERMISSION OR INVITATION OF THE LOCAL COMMISSION.
(Sec. 9 Art. 28 of the Law on the Presidential Election)


(4) The chair and the deputy are supposed to manage and keep order in the voting
process. The chair should sign in any visitors such as monitors and press who drop
in. Some do, some don't, but they have a right to ask for documents that confirm
that you are an accredited monitor or media representative. The secretary has the
responsibility of preparing all paperwork, collecting signatures, and stamping all
protocols at the end.


(5) The commission members share the voters' lists and register voters as they come
in. They are supposed to mark each voter on the list and then issue them a ballot.
EACH BALLOT MUST BE STAMPED AND SIGNED by the commission member. Without this
signature, the ballot will be deemed invalid. There were lots of instances of this
throughout Ukraine, some in error, some possibly not.


(6) When the polls close at 20:00, all monitors and media reps have a right to stay
on the premises. Other people must leave.


(7) The process of counting the votes is long and bureaucratic. It starts with
counting the number of ballots that were spoiled (and replaced) and those not used
and destroying the unused ones by cutting one corner off. These two sets of ballots
are packed into envelopes that are then signed by every member of the commission,
stamped and sealed. There are some lists that have to be filled out as well.


(8) The number of registered voters, the number of ballots issued, the number of
voters who actually voted... all these numbers are afixed and entered into lists
that are signed and stamped.


(9) In preparation for the counting of the ballot papers, a large surface needs to
be prepared that allows all the commission members to stand comfortably around it.
We did it by moving 8 desks together in the center of the room. No one but the
commission members are allowed to be near the table during the ballot counting. All
others must keep their distance, at least 1.5-2 meters away.


(10) Once all this preparatory work is, the ballot boxes are unsealed, the protocols
set aside, and the ballots spilled out onto the table. The head of the commission or
a delegated person begins to pick up the ballots one by one, opens them and reads
out the name of the candidate marked on the ballot.


(11) The ballots are taken by other commission members and stacked up one by one.
There should be four commission members handling four stacks: one for each of the
two candidates, "against both," and spoiled ballots.


(12) If a ballot contains additional marks that create ambiguity, the ballot is
considered invalid. If the signature of a commission member or the stamp of the
polling station is missing, the ballot is also considered invalid. All spoiled
ballots are collected in the fourth stack.


(13) If a ballot has not been marked in the standard manner, but the voter's
intention is clear, the commission members can, at their option, vote to accept it.


(14) Once the ballots have been separated into four stacks, the stacks are counted
aloud, one ballot at a time, so that every member of the commission and the
observers and media reps can see the count.


(15) At the end of the count, all the numbers are added up: spoiled, unused and
counted ballots. If the numbers don't add up, they must be recounted. If they add
up, the protocols are prepared with the number of ballots for each candidate,
against both, and spoiled, etc. filled in.


(16) Four original protocols must be signed by the commission executive and members
and stamped. These protocols are then placed into the relevant packages. Additional
original protocols are normally made for all members of the commission (to take back
to their candidate's headquarters) and for any member of the monitors or media reps
who so wishes. It is recommended that witnesses take an original for themselves.
These can be used to confirm any falsification at a later stage.


(17) The different stacks are packed into carton boxes, along with their protocols,
that are signed, stamped and sealed. These will be taken to the Territorial
Electoral Commission by the local commission chair, secretary, and any observers who
care to go along. It is recommended that two witnesses go along. These will be
handed over to the TEC, the protocol of the vote count read aloud and written down,
and the protocol accepted or rejected (if there are inconsistencies in the totals).


(18) If an observer or media rep believes that a violation has occurred during the
vote count, they can raise the issue. If not satisfied, they can file a formal
complaint about the violation.


(19) Every polling station is supposed to have some police officers on duty to keep
the peace. These are there to protect the commission members against abuse and to
remove people who are causing trouble. Under no circumstances should they remain
inside the voting area. They are supposed to stay out in the hallway or in nearby
rooms only. We saw a couple of stations where the cops were sitting right next to
the commission chairperson or next to the ballot boxes. This is not right and
election monitors can politely request that the police locate themselves elsewhere.


Polling Station:


(1) The polling station cannot have any election propaganda anywhere inside its
premises, including inside the voting booths.


(2) The polling station must have a poster with each candidate's full name, bio and
program, in an open and easily accessible place.


(3) There cannot be any cameras surveilling people inside the voting booths. The
Interior Ministry has indicated that surveillance cameras will be used during the
election process.


(4) All ballot boxes must be out in the open in the room where the commission and
the booths are. They cannot be placed outside this area, under tables, around
corners or covered in any way that makes them difficult to monitor. They also should
not block the voting booths or be near an open door, etc, etc. Note that there is
usually a small ballot box (about 40x40x40 cm) for voters who are bedridden and were
visited in their homes etc to vote. They are harder to see and easier to move. The
regular boxes are about a meter tall: they're easier to see and harder to move.


(5) All ballot boxes are supposed to be sealed with plastic locktags with paper tags
that are signed. They should contain a special protocol inside which is the first
thing checked when the counting starts. Ballot boxes are not to be tampered with or
moved until after 20:00 and after all the preparatory work for the count has been
done.


(6) There should be a seating area (more or less) for the candidate's monitors, but
the amount of seating available differs greatly from station to station. Be prepared
for some standing.


(7) The polling station should be provided with carton boxes in which the ballots
will be packed, sealed and delivered to the TEC. If these boxes are not on the
premises, this should be arranged. Monitors can help in this.


Monitors' and Media Reps' Rights:


(1) There is no limitation on the number of observers, monitors or members of the
press who can be present. However, if anyone deliberately gets in the way of the
normal professional functioning of the polling station, the chair or deputy chair
can ask them to leave. They can even be held criminally responsible. (Art. 177 of
the Criminal Code) This is where discretion is the better part of valor.


(2) Official election monitors and press can request to see lists and other official
documents for review. No one can charge them for this. They can also freely watch
any part of the process, including meetings of the commission and the ballot
counting and final report. The commission members are required to provide media reps
with any information that relates to the process and holding of the vote. (Sec. 4
Art. 13 of the election law) But media reps cannot go into the booth or interfere in
the dropping of the ballot in the ballot box.


(3) All ballots must be folded by law. Voters cannot be required to show their
ballots to anyone, nor can anyone film them inside the booth or ask/force them to
show who they voted for. This is a violation. Monitors should immediately demand
that such actions be stopped and should register a violation complaint.


(4) Monitors and press can talk to members of the commission and to voters if they
have questions they wish to ask as long as they: do not promote a political
candidate and do not interfere in the voting process.


(5) The carrying out of professional duties as a media rep cannot be grounds for
arrest or detention, or for the seizure of any materials gathered, written up,
prepared or any means used to do so (cameras, tapes, papers, etc) that were used in
the process of this work. (Art. 17 of the Law on state support of media and social
protection of journalists)


(6) Any citizen has the right to ask to see any and all of the voters' lists.


(7) Media reps have a right to take, use, disseminate, publish or keep any
information, including the electoral process, that is public in nature.


(8) Media reps have a right to record any activities in the polling station (except
voting in the voting booth, as noted before) using any kind of recording medium.


Rules of thumb:


(1) Your function is to be a fair witness, not a judge or a cop.


(2) Behave with courtesy at all times. Never give the commission chair any reason to
evict you.


(3) Work in twos, at least. Connect as much with other monitors as possible,
especially international ones, but also with local ones who may be intimidated by
the process but still have the right intentions.


(3) If you see other monitors or members of the press behaving aggressively or
rudely, try to defuse the situation. Sometimes young people can get hotheaded.
Sometimes there are simply human antipathies. Your mature presence can really help
diffuse potential conflicts. Again, the presence of cameras helps a lot.


(4) Don't react to taunting, baiting, rudeness or threats on the part of the
commission executive or commission members. Encourage them to behave courteously and
professionally at all times by being unfailingly calm and courteous yourself.
Remember it's highly likely that at least some of them are being paid off to ensure
a particular result and your task is to prevent that. Getting into an argument and
getting tossed out defeats the purpose.


(5) If you are confident that a violation is taking place, you have a right to
insist that it be stopped or rectified. If you can quote the statute that covers
that particular violation and someone is filming the process, chances are that's all
that it will take.


(6) If your efforts to prevent a violation fail, make sure you have recorded as much
of the process as possible and contact the nearest headquarters of your group to
send reinforcements. At the end of your monitoring, you can file a formal complaint
that the commission chair is obligated to consider and put to a vote before all the
commission members.


(7) The more witnesses, the better.


(8) Don't do anything that might result in a complaint being filed against you for
violating election procedures. If in doubt, err on the side of caution and ask
someone else's opinion.


(9) Call 8 (050) 280-6767 to report any violations to 5 Kanal.


Some things to watch out for:


(1) Not enough ballots for the number of registered voters. Each polling station
should have 104% of the number registered. The station I worked in had only 80%, but
we didn't realize it until too late. I would recommend that this be the first thing
that is checked at any station. Immediately insist that the additional ballots be
brought over and help the process in whatever way you can (call your headquarters,
etc). This will prevent the missing papers from being used to stuff ballots later.
THIS IS A VERY IMPORTANT POINT.


(2) Two people going into a voting booth together. Sometimes a parent will go in
with a child, but it would be better not to have anything like this. The only
exception is if a blind person needs help marking their ballot. I believe there are
acceptable procedures for this.


(3) Intimidation, even mild, on the part of commission members, especially the
executive, against a voter. This can include loud talking, threatening hints, pacing
up and down around them, lingering by the booth, watching closely as they vote,
hanging around the ballot boxes, etc.


(4) Commission members forgetting to sign ballots. This will make the vote invalid.


(5) Commission members refusing to add people to the voters' lists. This time, the
CEC has ruled that people whose names have been misspelled or in whose registrations
other minor errors appear but otherwise the registration matches completely the
information in their passports, are supposed to be corrected on the spot and allowed
to vote.


(6) Groups of people with absentee ballots. Last time, these people were sent to
special polling stations if they weren't registered. You can help ensure that such
people don't "force" commission members to allow them to vote. The best argument is
that there are not enough ballot papers for more than the number registered. At
worst, they can be asked to return just before 20:00 to see if there are enough
bulletins left to let them vote. Hopefully, they won't come back.


(7) Any funny business around the ballot boxes. The boxes should be in full view,
which means no one should have to be next to them to monitor anything. If they
aren't, ask the commission chair to have them moved to where they are. Again, they
should not block the voting booths, be near an open door, etc etc. "Hanging around"
them can be a form of voter intimidation. No one should move them around at any
time, including the commission board, unless this has been agreed openly. They
should not leave the polling area at any time!!!


(8) Commission members disappearing for long periods of time. The executive's
obligation is to supervise the proper work of the polling station and they are paid
to be there all the time (toilet and cigarette breaks excepted). At certain points,
the executive's signatures are needed as well, another reason why they should not be
leaving the premises during critical times.


(9) Commission members taking papers out of the room, before, during or after the
ballots are counted. At my station, the signed original protocols suddenly vanished
just before we finished the process. It may have been by accident, but I doubt it.
Luckily, we found three of them and the commission members hadn't left, so we were
able to get the necessary new signatures.


(10) Commission executives delaying the process. Our polling station was as slow as
molasses. I don't know if it was intentional (with the hope that observers would go
home), or incompetence, but it took us until 07:00 to finish the process. I think it
could have been done in about 4-5 hours less. If it is not intentional, gentle hints
should keep things on track. If someone in the group has experience as a
facilitator, so much the better.