Presidential elections were held in Ukraine on 17 January 2010. As no candidate received a majority of the vote, a run-off election was held between Prime Minister Yulia Tymoshenko and opposition leader Viktor Yanukovych on 7 February.
On 14 February, Yanukovych was declared President-elect and winner with 50% of the popular vote. According to Article 104 of Ukraine's Constitution, the president had to be sworn into office within 30 days of the official declaration of the results. Parliament subsequently scheduled Yanukovych's inauguration for 25 February.
On 17 February, the Supreme Administrative Court of Ukraine suspended the results following an appeal by Tymoshenko. The court suspended the Central Election Commission's ruling that had declared Yanukovych as the winner of the election, but did not postpone or cancel his inauguration. On 20 February, Tymoshenko withdrew her appeal.
Background
In Ukraine, the previous two presidential first-round ballots had traditionally occurred in October.
According to the Constitution of Ukraine, regular elections of the president of Ukraine are held on the last Sunday of the last month of the fifth year of the term of authority of the president of Ukraine. In the event of pre-term termination of authority of the president of Ukraine, elections of the president of Ukraine are held within ninety days from the day of the president's office falling vacant.
Early presidential elections can be held in case of a president's resignation, ill-health, impeachment or death.
The president of Ukraine is elected by the citizens of Ukraine for a five-year term, on the basis of universal, equal and direct suffrage, by secret ballot.
A candidate seeking election must be a citizen of Ukraine who has attained the age of thirty-five, has the right to vote, has resided in Ukraine for the past ten years prior to the day of elections, and has command of the state language as required by Article 103 of Ukraine's Constitution.
On 1 April 2009, the Verkhovna Rada designated 25 October 2009, as the date for the first round of voting. Within a week, President Yushchenko filed an appeal with the Constitutional Court against Verkhovna Rada's 25 October date. The President's appeal argued that his inauguration on 23 January 2005, was the commencement of his five-year term of office and as such the next presidential election must be set for the last Sunday before 23 January 2010, in accordance with Article 103.
On 13 May 2009, the court ruled in Yushchenko's favor, striking out the 25 October date for the elections. On 14 May 2009, the Party of Regions leader Viktor Yanukovych stated that the presidential elections should now be held on 17 January 2010.
On 23 June 2009, the Parliament rescheduled the date for the election for Sunday, 17 January 2010, with 399 lawmakers out of 442 lawmakers registered in the session hall voted "for" the resolution "On appointing of regular election of President of Ukraine".
Minister of Internal Affairs Yuriy Lutsenko said on 21 September 2009 that he believes that the lists of voters at this presidential election will be more qualitative and more "clear" than it was at previous elections because "double names" were removed from the list. The same day the Party of Regions complained about a lot of mistakes in that list and that the number of voters fell in the Southern Ukraine and Eastern Ukraine and increased by 0.5–1% in Western Ukraine. It is the first time the state register of voters will be used in a Ukrainian election.
Electoral system
Ukraine's president is elected by a two-round first-past-the-post voting system. The first round of voting was held on 17 January 2010. As no candidate in the first-round ballot had 50% or more votes the two highest polling candidates faced off in a second-round ballot which was held on 7 February 2010. Viktor Yanukovych received the highest vote (48.96%) and was expected to be declared the winner. Under Ukrainian law presidents elect must take the oath within 30 days of the declaration of the poll, which must be made before 17 February 2010.
On 24 July 2009, the Verkhovna Rada (Ukrainian parliament) amended the law on presidential elections reducing the official presidential campaign from 120 to 90 days.
Outgoing President Viktor Yushchenko refused to sign the new law and lodged an appeal in Ukraine's Constitutional Court, but failed to outline in detail the grounds for any appeal. The speaker of the parliament, Volodymyr Lytvyn, signed the amended law into existence following the President's refusal to sign it, despite this being illegal.
Maryna Stavniychuk, deputy head of the presidential secretariat and the President's spokesperson on legal matters, stated "It is obvious that there are no serious political or legal grounds to consider the issue of the possible disruption of the presidential elections in Ukraine."
The amended law on the presidential elections required candidates to pay a ₴2,500,000 (~308,000 USD) nomination deposit which will only be refunded to the two highest polling candidates that progressed to the second round of voting.
On 19 October 2009, the Central Election Commission of Ukraine formed the 225 territorial election districts needed for carrying out the election.
20 October 2009, Ukraine's Constitutional Court announced its ruling declaring unconstitutional five aspects of the new law of the presidential election. Voters abroad will no longer have to be registered with the Ukrainian consulate in order to cast a vote. The courts will retain the right to consider without limitations any application or appeal in respect to a candidate's registration or the conduct of the election. The cancellation of absentee ballots remains as does the 90-day election period and the ₴2.5 million deposit. The ruling of the Constitutional Court is not expected to impact seriously on the election as the amended legislation remains in place.
On 21 December 2009, the Central Election Commission of Ukraine formed 113 foreign polling stations.
Voters are permitted to vote at home during the presidential election.
Costs
The Central Election Commission has estimated the budget of the holding of regular presidential elections in Ukraine at ₴1.5 billion, (approximately 200 million US dollars) with additional costs required by candidates to fund their campaigns.
On 26 November, the Central Election Commission stated a total of ₴1.314 billion is required to hold the presidential election, including 192.2 million in 2009 and 1.122 billion in 2010.
Assessments by political analysts show that each presidential candidate will have to spend at least US$150–200mn to promote himself; this includes buying story lines in the media, visual advertising, canvassing, printing political material and, work with electoral commissions.
Chairman of the Committee of Voters of Ukraine, Oleksandr Chernenko, also commented that presidential candidates will spend 1 billion US dollars on the election campaign
The cost of the run-off ballot is estimated to be US$119 million
Ukraine's Central Electoral Commission (CEC) has set the following timetable for the conduct of the election:
- 19 October: Official 90-day Election Campaign period commences
- 20 October to 6 November: Nominations open
- 9 November: Deadline for nomination document/submissions
CEC has five days to assess and approve or reject nominations
- 11 November: Deadline for candidates to submit any corrections to documentation
- 13 November: CEC to finalize registration of nominations
- 15 November: CEC to publish nomination lists of candidates
CEC provides certified copies of the voters list to all candidates. Within Three days of registration Candidates must provide a statement of assets and income. Candidates allowed to commence official campaign one day after registration is finalized.
- 9 December: Foreign polling stations to be set up.
- 15 December: CEC to approve ballot paper format ready for printing.
- 21 December: Deadline for withdrawals of candidature.
- 2 January: Last day for public opinion polls to be published prior to election.
- 9 January: All ballot papers to be printed and ready for distribution to polling stations/districts.
- 15 January: Last day of public campaigning before polling day
- 17 January: Election (first-round ballot) polling commences 8 am and closes 10 pm
- 22 January: Tabulation of overseas and territorial polling place to be completed
- 27 January: Determination of voting results and declaration of poll
As no single candidate had 50% or more of the total recorded vote the two highest polling candidates faced off in a second-round ballot. The candidate with the highest vote in the second round will win the election.
- 7 February: Final round run-off ballot
- 17 February: Declaration of the election must be made within 10 days following the ballot or within 3 days of receipt of the official election protocols.
According to Article 104 of Ukraine's Constitution the President-elect within 30 days of the declaration of the poll must be sworn into office before Ukraine's parliament
- 25 February: Viktor Yanukovych is sworn into office.
Candidates
The following candidates nominated for the presidential elections (in ballot paper order) A total of 18 candidates ran for president.
- Inna Bohoslovska, member of Verkhovna Rada, unaffiliated (block Party of Regions)
- Mykhailo Brodskyy, leader of the Party of Free Democrats
- Anatoliy Hrytsenko, member of Our Ukraine, former Minister of Defense
- Yuriy Kostenko, Ukrainian People's Party deputy of Verkhovna Rada for Our Ukraine – People's Self-Defense Bloc
- Volodymyr Lytvyn, parliamentary speaker
- Oleksandr Moroz, Socialist Party of Ukraine, former chairman of the Verkhovna Rada
- Oleksandr Pabat, Peoples' Salvation Army
- Vasyl Protyvsikh, Independent
- Serhiy Ratushniak, Mayor of Uzhhorod
- Oleg Riabokon, Independent lawyer, Managing Partner in Magisters law firm from 1997 to 2009
- Petro Symonenko, leader of the Communist Party of Ukraine
- Liudmyla Suprun, People's Democratic Party
- Yulia Tymoshenko, incumbent prime minister leader of Yulia Tymoshenko Bloc
- Serhiy Tihipko, former CEO of the National Bank of Ukraine endorsed by Labour Ukraine
- Oleh Tyahnybok, All-Ukrainian Union "Freedom", deputy of the Lviv Regional Council
- Viktor Yushchenko, incumbent president and member of Our Ukraine
- Viktor Yanukovych, Party of Regions former prime minister and runner-up candidate in the 2004 presidential election
- Arseniy Yatsenyuk, former chairman of the Verkhovna Rada member of Our Ukraine and Front for Change party
Excluded candidates
All together the Central Election Commission had rejected sixteen applications for candidate registration.
The Central Election Commission refused to register Oleksandr Hordiichuk, Olena Osnach, Oleksandr Luzan, Hanna Kostiv, Oleksandr Vaschenko, Oleksandr Ohorodnikov, Vasyl Handula, Yurii Petlevana, Petro Rekalo, Anatolii Polischuk, Mykhailo Hamaniuk, Oleksandr Vretyk, Artem Polezhaka, Oleh Omelchenko, Natalia Vitrenko, Mykola Melnychenko, Serhii Martyian and Serhiy Schetinin. The reason stated was due to errors in their documentation, qualifications or failure to pay the required ₴2.5 million nomination deposit.
Nominations by parties and candidates to run in the election closed on 6 November 2009. Eighteen candidates in all have been nominated. The Central Election Committee had until 11 November 2009 to process documentation and finalize the election list.
Campaign
The official presidential campaign commenced on 19 October 2009, with nominations opening on 20 October through to 6 November. The "unofficial" campaign had already started during the summer of 2009 with tents of Front for Change distributing campaign material for Arseniy Yatsenyuk Front for Changes and large scale and billboards stating Others make problems. She Works (in the colors and letter type of Bloc Yulia Tymoshenko), and photos of Sergei Tigipko displayed in most Ukrainian towns and TV-adds of Yulia Tymoshenko and Volodymyr Lytvyn shown on national TV. According to Tymoshenko the "She Works" billboards were paid for by the Fatherland Party, and therefore they were also "social". Party of Regions deputy Andry Paruby officially requested that the prosecutor-general's office investigates the sources of financing of Tymoshenko's advertisements. He suggested that public money might have been used.
Ukraine has proven more than once the degree to which the success of an election campaign depends on the level of professionalism and political spin techniques applied in election campaigns.
The most popular candidates are former prime minister and leader of the Opposition party Viktor Yanukovych and current prime minister Yulia Tymoshenko.