Digitalization and Accountability for Violations: How the 2020 Local Elections May Change

The Verkhovna Rada has passed the draft law “On Amendments to Certain Laws of Ukraine Regarding the Improvement of Electoral Legislation” (No. 3485). The bill still needs to go through a second reading, and some provisions may change. However, it is worth noting that the worst fears of some election law experts have not materialized.

A review of the proposed legislative changes allows for cautious optimism, suggesting that the proposed innovations will significantly advance de-bureaucratization and optimization of the electoral process. The most pressing issue at the moment is the upcoming local elections, scheduled for the end of October this year. Therefore, let us focus on the aspects that specifically pertain to these elections.

Digitalization of the Electoral Process

The Central Election Commission (CEC) is granted the right to pilot or experiment with machine voting, electronic vote counting, digital protocols, the use of an information-analytical system, and electronic services for processing documents related to candidate registration, their representatives and proxies, official observers, election commission members, and the submission of complaints via email. Notably, similar provisions are included in the draft law “On the All-Ukrainian Referendum”.

The push toward electronic document management and e-voting aligns with modern realities. However, the CEC is already facing a significant number of challenges in this area. To implement these changes, state funding will be necessary, as well as the involvement of a broad pool of IT specialists and a well-thought-out cybersecurity system to protect communication channels. Given the limited time before the local elections, e-voting is likely to be introduced only in specific regions or cities.

Electoral System

Under current regulations, the proportional representation system with open party lists applies to cities with over 90,000 voters. The proposed changes would lower this threshold to 15,000 voters.

As for mayoral elections, the absolute majority system (50%+ of the vote) and the possibility of a second round will remain only in cities with over 90,000 voters.

Election Commissions

The current Election Code stipulates that members of local election commissions must be Ukrainian citizens who have the right to vote in the respective elections. The proposed amendments suggest a different approach: commission members can be any Ukrainian citizen with voting rights in national elections.

Additionally, it is proposed that election commission members be exempt from the anti-corruption legislation that applies to other officials.

The right to nominate candidates for territorial election commissions will no longer be limited to local branches of parties with parliamentary factions. It will also be extended to local branches of political parties that have signed a political cooperation agreement with a parliamentary group active as of January 2020.

Parallel Candidacy

The current Election Code states that a person can be nominated as a candidate in local elections in only one electoral district. In other words, a candidate cannot simultaneously run for regional, city, and district councils or for mayor.

The proposed changes would relax this restriction, allowing a candidate to run for a multi-member district in up to two levels of local councils. Additionally, candidates could simultaneously run for both a local council seat and for mayor or village head.

This would allow popular community leaders to lead party lists in local council elections while also running for mayor. If they lose the mayoral race, they could still secure a council seat through the party list, provided the party overcomes the 5% electoral threshold.

Party Lists

The proposed amendments introduce two types of lists in regional and city councils (for cities with 15,000+ voters):

• A single party list
• Territorial (formerly regional) lists

A new provision introduces the “first candidate” position in the single party list—a concept that did not exist previously. All other candidates (except the first) will be distributed across territorial lists.

Monetary Deposit

Under the current Election Code, a monetary deposit is required only for elections to regional councils, city councils, and mayors (in cities with over 90,000 voters). The deposit is set at a high rate—four minimum wages per 10,000 voters. However, the proposed amendments introduce monetary deposits at all levels of elections, including village councils.

Specifically:

• For candidates running for village, township, or city councils (in municipalities with up to 15,000 voters), as well as district council candidates, whether nominated by a party or running independently, the deposit will be 20% of the minimum monthly wage.
• For candidates running for regional or city councils (in cities with over 15,000 voters) as part of a party list, the deposit will be one minimum wage per 10,000 voters.
• Mayoral candidates in cities with over 90,000 voters must submit the same deposit as city council candidates.
• In cities with fewer than 90,000 voters, mayoral candidates must submit a deposit equal to one minimum monthly wage.

Unified Voting Days

To regulate the scheduling of early local elections, interim elections, first elections, and additional elections, the proposal introduces two fixed election days per year:

• The last Sunday of March
• The last Sunday of October

This measure is expected to simplify election administration and campaign financing while addressing logistical difficulties encountered during united territorial community (OTG) elections between 2015 and 2019. The “single voting day” system is already used in the United States, Russia, Sweden, and other countries.

Voting Rights for Citizens with Disabilities

For the first time, Ukrainian election law takes a comprehensive approach to the rights of voters with disabilities. Individuals facing health-related challenges (due to disability, temporary health conditions, or age-related issues) will have the right to reasonable accommodations (assistive devices) tailored to their individual needs to ensure their unrestricted participation in the voting process.

One of the voting booths at each polling station will be specifically designated for this group of voters.

Campaigning

The amendments clarify that it will not be considered voter bribery to distribute campaign materials—produced at the expense of the election fund—that include party symbols, campaign branding, candidate names, or images.

The law specifically lists items that may be legally distributed as campaign materials, provided their value does not exceed 3% of the subsistence minimum for able-bodied individuals. These materials include:

• Posters, leaflets, calendars, notepads, pens, lighters, matchboxes, badges, ID holders, USB flash drives, pennants, flags, books, bags, T-shirts, caps, scarves, umbrellas, and other campaign-related items.

Liability for Violations

A separate block of changes concerns the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses. Specifically, the proposal is to increase penalties for crimes and administrative violations in the field of electoral legislation, establishing responsibility for forgery of documents for registering a person nominated as a candidate for elections, as well as submitting knowingly falsified documents for such registration.

For the first time, electoral law reforms are not being tailored to fit the political agenda of the ruling party. Instead, the numerous technical and textual revisions are driven by the need to make elections as transparent, secure, and well-organized as possible.

No fundamental changes to the system are planned, as it would be inappropriate to introduce major reforms so close to the start of the local election campaign in July.