The draft law is introduced by the members of Parliament of Ukraine

Nemyrya H. M., Nayyem М., Zalishchuk S. P., Chubarov R. А., Ryabchyn О. М., Shkrum А. І., Dzhemilev М., Chernenkо О. М., Yednak О. В., Sazhko S. М., Yefimov М. V., Veselova N. V., Lubinets D. V., Patskan V. V., Syumar V. P., Lohvynsky H. V., Ionova М. М., Lutsenko І. S., Ptashnyk V. Y., Hopko H. М., Popov І. V., Pavlenko Y. О., Taruta S. О., Yurynets О. V.

LAW OF UKRAINE
On Amending Certain Laws of Ukraine
(Concerning the right to vote of internally displaced persons and other internal migrants)
 
The Verkhovna Rada of the Ukraine r e s o l v e s:

І. To amend the following laws of Ukraine:

1. The Law of Ukraine On State Register of Voters (The Official Bulletin of the Verkhovna Rada of Ukraine, 2007, № 20, p. 282):

1) The following amendments should be made to Article 8:

Part 2 of Article 8 should read as follows:

«2. The voter’s address shall be determined based on the registered place of residence of a voter as determined under the Law of Ukraine On Freedom of Movement and Freedom of Choice of Residence in Ukraine if this article does not specify other»;

2) Amend Part 3 to read as follows:

«3. Based on substantiated request of the voter, the Register of Voters Maintenance Body may determine other voter’s address than stipulated under Part 2 of this Article»;

3) Part 4 of Article 19 should read as follows:

«4. The voter’s address of a person that applied for his/her inclusion on the Register database shall be identified pursuant to the requirements of Parts 2, 4-7 of Article 8 hereof.»;

4) The following amendments should be made to Article 20:

Part 3 should read as follows:

«3. The request to change voter’s address specified in Part 3 of Article 8 of the Law may be filed by the voter to the Register Maintenance Body whose jurisdiction covers the territory to which the new voter’s address is assigned, prior to five days following the start of the election process or referendum process carried out on the territory within which the voter asks to define his new voter’s address. If the respective territory simultaneously holds several elections (referendum), such a request may be filed prior to five days following the start of the election (referendum) process of elections (referendum), held before the voting day in other elections taking place simultaneously.

In case of filing a request to change the voter’s address later than the fifth day following the start of the election process or referendum process (taking into account the specifics about the elections and the referendum held simultaneously provided for by paragraph one of this Part), the Register Maintenance Body adopts a substantiated decision not to alter the person’s voting address. A copy of the decision is sent to the voter no later than the day after the relevant decision is adopted along with simultaneous notification of the possibility to file the request to change voter’s address after the election process in the respective elections is finished.

In the case provided for in paragraph two of this Part, or if the timing of the respective electoral processes (referendum process) completely or partially overlap, the voter may file a request to change the voter’s address after completion of the electoral process, the voting day in which happens to be the last»;.

Part 4 should read as follows:

«4. If the voter applies for changing the voter’s address based on Part 3 of Article 8 of this Law, the voter shall attach a copy of the document confirming one’s actual residence address to the application referred to in Part 2 of this Article.

The voter justifies changing the voter’s address by one of the documents listed in Part 5 of this Article.»;

Part 5 should read as follows:

«5. The documents confirming the actual residence of the voter at the address specified in the application referred to in Part 2 of this Article, and properly justifying changing the voter’s address on the grounds provided for in Part 3 of Article 8 of the Law include:

1) lease contract at the address which the voter asks to define as his new voter’s address;

2) a document issued by the state or local authority certifying voter’s entrepreneurial activity at the address which the voter asks to define as his new voter’s address;

3) a document confirming the housing ownership at the address which the voter asks to define as his new voter’s address;

4) the IDP certificate;

5) document certifying voter exercising the care of a person whose residence is registered under the Law of Ukraine On Freedom of Movement and Freedom of Choice of Residence in Ukraine at the address which the voter asks to define as his new voter’s address;

6) a document certifying voter’s marital or family relationship with the person whose residence is registered under the Law of Ukraine On Freedom of Movement and Freedom of Choice of Residence in Ukraine at the address which the voter asks to define as his new voter’s address.»;

Part 6 should read as follows:

«6. The procedure of considering the voter’s appeal under Part 3 of Article 8 of this Law is established by the Central Election Commission.»;

Part 7 should read as follows:

«7. The Register Maintenance Body shall be entitled to check the change in the voter’s personal data specified in the application by consulting the bodies and institutions referred to in Article 22 hereof. If the grounds listed in Part 3 of Article 17 of this Law are in place, the head of the Register Maintenance Body shall issue an instruction for introducing the respective changes to the voter’s personal data in the Register, except for the case specified in Part 8 of this Article.»;

Part 13 should read as follows:

«13. The voter whose address was determined according to Part 3 of Article 8 of this Law may apply to the Register Maintenance Body with a new request to change voter’s address on the grounds provided by Part 3 of Article 8 hereof, no earlier than 180 days after the last voter’s address change was entered into Register.»;

Part 14 should read as follows:

«14. If the date of the appeal to the Register Maintenance Body referred to in Part 13 of this Article, the electoral process for the election of the President of Ukraine, parliamentary elections or local elections, national or local referendum process has commenced, voter’s address cannot be changed before the end of the relevant election or referendum process. If the timing of electoral processes (referendum process) completely or partially overlaps, the voter’s address cannot be changed before completion of the electoral or referendum process, the voting day in which happens to be the last.»;

Part 15 should read as follows:

«15. If the request of the voter referred to in Part 3 of Article 8 of this Law was submitted to the Register Maintenance Body prior to the reasons for changing the current voter’s address in accordance with the information provided for in Article 22 of this Law, voter’s address is determined in accordance with procedure established by Article 22 of this Law.»;

2. The Law of Ukraine Law of Ukraine On Local Elections (The Official Bulletin of the Verkhovna Rada of Ukraine, 2015, № 143-144):

1) Part 2 of Article 3 should read as follows:

«2. A document confirming the voter’s identity and Ukrainian citizenship at the local elections is:

1) a passport of the citizen of Ukraine;

2) a temporary ID of the Ukrainian citizen (for the persons who were recently granted the status of a Ukrainian citizen).»;

2) Part 3 of Article 3 should read as follows:

«3. A citizen’s belonging to the respective territorial community and his/her residence in the respective territory is determined based on his/her voter’s address (unless other is specified by law).»;

3. The Law of Ukraine On Ensuring of Rights and Freedoms of Internally Displaced Persons (The Official Bulletin of the Verkhovna Rada of Ukraine, 2015, № 1, p. 1):

1) Part 1 of Article 8 should read as follows:

«1. Internally displaced person shall enjoy his/her voting right at the elections of the President of Ukraine, members of Parliament of Ukraine, local elections and referenda in the manner prescribed by law».

IІ. Final and transitional provisions:

1. This Law shall be effective from the day following the day of its publication, and will come into force three months after its enactment.

2. The Central Election Commission shall:

1) ensure the adoption of the acts under the Law in the following month from the date of enactment of this Law;

2) bring its acts into conformity with this Law in the following month from the date of enactment of this Law;

3) ensure the functioning of the State Voter Register in accordance with this Law in the following three months from the date of enactment of this Law.

The Chairman of the Verkhovna Rada of Ukraine                                     Parubiy А. V.