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23.08.2019, . 21:33

Federal Law On Public Control Over Elections and Referendums and on Openness and Publicity of Vote Returns

Proposed
by the Deputies
of the State Duma
Members of the Committee
for Legislation and
Judicial and Legal Reform

Draft

In compliance with the Constitution of the Russian Federation referendums and free elections represent the highest direct expression of people's will.

For the sake of voters confidence in elected officials and bodies of state power and prevention of fraudulent election and referendum results this Federal Law stipulates legal guarantees to provide the public control over elections of officials of bodies of state power and referendums in the Russian Federation and to ensure for openness and publicity of vote returns.

Article 1. Scope of this Federal Law

This Federal Law shall set limits and forms of public control over all elections of officials and the federal bodies of state power and at all referendums of the Russian Federation.

This Federal Law shall be applicable to elections of officials and bodies of state power of the subjects of the Russian Federation as well as local government, to referendums held in the subjects of the Russian Federation and to local referendums unless the laws of the subjects of the Russian Federation and orders of local self-government establish otherwise to exercise public control over elections and referendums and ensure openness and publicity of vote returns.

Article 2. Observers

Observers representing candidates, electoral associations, electoral blocs as well as proxies (agents) of candidates, electoral associations, electoral blocs, foreign (international) observers, representatives of the mass media, the activities of which is regulated by the Federal Law «On Basic Guarantees of Electoral Rights of Citizens of the Russian Federation», Federal Law «On Elections of district election commission, commission for the subject of the Russian Federation for referendum (hereinafter referred to as the district election commission) of the protocol and summary table on vote returns compiled by the territorial election commission.

Persons listed in Paragraphs 1 and 2 of this Article are hereinafter referred to as observers for this federal Law.

Article 3. Observers, representing citizens

An observer representing citizens at an electoral precinct may be any citizen of the Russian Federation enrolled in the voter list at the relevant electoral precinct and authorized by at least 10 other voters of the relevant electoral precinct for monitoring at that electoral precinct. An observer representing citizens at the territorial election commission may be a citizen of the Russian Federation enrolled in the voter list in the relevant territory and authorized by at least 50 other voters of the relevant territory for monitoring at the relevant territorial election commissions.

Observers representing citizens shall be directly authorized by voters.

Authorization shall be made through collecting signatures in the signature list.

The signature list shall be made in the form specified in Annex 1 or Annex 2 to this federal Law. The signature list shall contain family name, first and patronymic name, date of birth, place of residence of the observer representing citizens, the series and number of his or her passport or other identifying document.

A voter shall specify in the signature list his or her family name, first and patronymic name, year of birth (eighteen year old voters shall additionally specify the date of birth), place of residence, the series and number of his/her passport or other identifying document as well as the date of filling out the signature list and put his or her signature.

The signature list shall be presented by the person in the capacity of an observer at the precinct (the territorial) election commission to the Chairman of the precinct (territorial) commission or the person substituting for the Chairman along with the passport or other identifying document.

A person shall be considered an observer from the time of presenting the authorization signature list provided it has been filled out in compliance with the requirements set in this Article. The signature list may be presented and the presenting person may considered an observer at any time within the interval specified in Paragraphs 1 and 2 of Article 2 of this federal Law. No preliminary notice shall be required concerning sending an observer to the precinct (territorial) election commission. An observer shall be responsible for accurate information specified in the signature list. Rejection of signature list may be appealed in a higher election commission or in the court.

Article 4. Rights of Observers

Observers at electoral precincts shall be entitled to the following:

    to be present at the electoral precinct at any time in the interval specified in Paragraph 1 of Article 2 of this Feral law;

    to attend the procedure of counting the number of citizens enrolled in the voter lists, the number of ballots issued to voters, the number of cancelled ballots, counting the number of votes cast; compiling protocols by the precinct election commission and monitor any other activities to be accomplished by the precinct election commission in the interval specified in Paragraph 1 of Article 2 of this federal Law;

    to study voter lists;

    to attend the voting procedure conducted outside the polling station;

    to watch the vote counting at the electoral precinct from the distance keeping in sight the ballots counted by members of the precinct election commission;

    to study any ballot (ballots) during vote counting conducted by the precinct election commission;

    during the counting of -votes cast for individual candidates, lists of candidates, selected options at referendums accomplished by members of the precinct election commission to study the results of the counting;

    to make copies of the protocols on vote returns as well as copies of the lists of persons attending the vote counting and compiling the protocols on vote returns;

    to submit proposals and comments to the precinct election commission, make voice or written statements concerning violations of electoral legislation;

    to appeal actions (omissions) of the precinct election commission in the territorial election commission or the court;

    to study the contents of all documents prepared by the precinct election commission both after the completion of the document or at any time within the observer's term of power .

Observers in the territorial election commission shall be entitled to the following:

    to stay in the premises of the territorial election commission at any time within the interval specified in Paragraph 2 of Article 2 of this federal Law;

    to study the contents of any protocol (protocols) of the precinct election commission delivered to the territorial election commission

    to attend the procedure of compiling the protocols and summary tables by the territorial election commission as well as to monitor any other actions accomplished by the territorial election commission within the time frame specified in Paragraph 2 of Article 2 of this federal Law;

    to make copies of the protocols of precinct election commissions submitted to the territorial election commission, copies of the protocols and summary tables on vote returns prepared by the territorial election commission as well as copies of the lists of persons attending the vote counting and compiling the protocols on vote returns;

    to submit proposals and comments to the territorial election commission, to make voice or written statements concerning violations of electoral legislation;

    appeal actions (omissions) of the territorial election commission in a higher election commission or in the court;

    to study the contents of all documents compiled by the territorial election commission both directly after their completion or at any time within the observer's term of power;

    to participate in re-counting of votes in the relevant election commissions in case of errors found in the protocols of precinct election commission.

Observers shall not be allowed to interfere in the activities of the precinct and territorial election commissions shall not be allowed. In the event an observer interferes in the activities of the precinct or territorial election commission, the commission shall be entitled to make a decision concerning immediate sending out of the observer from the polling station or the premises of the territorial election commission, such a decision shall be filed in the relevant protocol.

While studying the contents of voter lists, ballots, other electoral documents observers shall not be entitled to demand the relevant documents to be handed out.

Article 5. Ensurance of the Rights of Observers at the Precinct and Territorial Election Commissions

The counting of ballots issued to voters, cancelled (unused) ballots, ballots in the portable and stationary boxes and the counting of votes in the said ballots shall be open and public, and accomplished in the presence of all members of the precinct election commission and observers.

The precinct election commission shall be obliged, upon observer's request, to provide any ballot (ballots) and other documents and materials of the election commission to observers for studying.

All figures to be filed in electoral documents shall be put down into the protocols only after they are announced outloud in the presence of members of the commission and observers and shall be put down in writing in figures and words.

The precinct (territorial) election commission shall be obliged to provide an opportunity to any observer upon his or her request to make copies of the protocols and summary tables on the vote returns immediately upon their being signed by the members of the commission as well as the lists of persons attending the vote counting. The Chairman of commission (or the person substituting for the Chairman) shall be obliged to sign in his/her own hand the copies and affix the seal of the precinct election commission.

Observer's comments and proposals shall be immediately considered by the Chairman of the election commission (or the person substituting for the Chairman) and, if required, at the session of the election commission.

Hindrance or rejection by the election commission of the rights of observers listed in Article 4 of this Federal Law may cause invalidation of the elections at the relevant precinct (territory) upon a relevant decision made by the higher election commission or by the court.

Article 6. Verifying Vote Counting at Electoral Precinct.

The next day after the election day the verifying vote (ballot) counting shall take place at 2 per cent, however, at least at four electoral precincts selected by lot held by the district election commission. If the selected electoral precinct is located in a remote or difficult to access area the time for the verifying vote counting may be postponed upon a decision of the district election commission. Candidates, their proxies (agents), authorized representatives of electoral associations (blocs) participating in elections and the proxies (agents) of electoral associations (blocs) as well as members of the district election commission with decisive and deliberative vote shall be notified in advance about the lot and shall be entitled to attend the procedure. The representatives of the mass media shall also be entitled to attend the lot.

The verifying vote counting shall be conducted by the precinct election commission in the presence of members of the higher election commission and observers. The results of the counting shall be filed in the protocol containing the same items as the protocol that was earlier compiled on the basis of the vote returns.

The relevant election commission shall be obliged to inform all candidates participating in the election or their proxies (agents) or authorized representatives and authorized representatives of electoral associations participating in the elections as well as observers who attended the vote counting, about the forthcoming verifying vote counting, and about the opportunity to attend the procedure. Representatives of the mass media shall also be entitled to attend the verifying vote counting.

Should the difference between the results of the verifying vote counting and the results filed in the protocol of the precinct election commission, even at one electoral precincts, is so big that it would cause the changes in the range of individual candidates (lists of candidates), the preferred options at the referendum, the district election commission shall make a decision to hold another verifying vote counting at least another five per cent of the precincts. In this event a lot shall be conducted not later than 3 days of the decision, provided all requirements specified in Paragraph 1 of this Article are met.

If the tabulated results of the verifying vote counting conducted in compliance of Paragraphs 1 and 4 of this Article at the electoral precincts differ from the tabulated results of the protocols filed earlier by the relevant precinct election commission, to the extent that would cause the change in the range of individual candidates (list of candidates), preferred options at the referendum within the same electoral precincts, the district election commission shall make a decision regarding invalidation of the return of the elections in the relevant district and submit the materials of the verifying vote counting to the court.

Article 7. Promulgation the Vote Returns

In compliance with provisions of the federal Law «On Basic Guarantees of Electoral Rights of Citizens of the Russian Federation» the vote returns in an electoral precinct filed in the protocol of the relevant precinct election commission, shall be provided, upon request, to any voter, candidate, observer or representative of the mass media for familiarization. The relevant precinct election commission or the agency (higher election commission or otherwise) where the documents of the relevant precinct election commission were submitted after the expiration of the term of power, shall provide the aforesaid information.

The third copies of the protocols with statements concerning special opinion of individual members of the precinct election commission, being an inseparable part of the protocols, shall be displayed immediately after the end of the work of the precinct election commission at the place with free access for voters and be guarded by militia (police) until 21:00 hours on the next day after the election day.

In compliance with the provisions of the federal Law «On Basic Guarantees on Electoral Rights of Citizens of the Russian Federation» the vote returns for the territory under the jurisdiction of the territorial election commission and for the electoral district shall be provided, upon request, to any voter candidate, observer or representative of the mass media for familiarization, to the extent contained in the protocol of the relevant election commission and the immediate subordinate commissions (precinct/territorial election commissions).

The aforesaid information shall be provided either by the relevant election commission or the agency (higher election commission or other) where the documents of the relevant election commission were submitted to, after its term of power has expired.

The territorial election commission shall be obliged to publish in the mass media or otherwise the complete information contained in its protocol and summary table on vote returns not later than in 5 days after the election day and the district election commission - not later than 12 days after the election day. If the territorial (district) election commission fails to receive the final official information from any subordinate commission by the specified term, the available tabulated results shall be published and the outstanding information shall be published later.

Article 8. Access to Information Concerning the Vote Returns When the Automated Information System is Used

In the event the automated information system is used at the election the users of the public information telecommunications networks available in Russia, shall have an access (read only mode) to all data available in the system. The said access may be provided through inserting the relevant data into the information resources of the aforementioned public information telecommunications networks. In this case the data inserted in the information resources of the aforementioned systems shall match the data available in the automated information system at the level of the subject of the Russian Federation and the federal level, with the acceptable time difference of less than 15 minutes.

Article 9. Liability for Violation of the Law

Failure to meet the requirements of this federal Law shall be prosecuted in compliance with the criminal law and laws on administrative offenses regulating the violation of electoral rights of citizens, gross or repeated violations of this federal Law may constitute the ground for the court to invalidate the election returns at the relevant precinct, territory or electoral district.

Article 10. Consideration of Complaints by Courts on the Election Day

Complaints submitted to the court on the election day shall be considered free of charge.

Article 11. Enactment of this Federal Law

This federal Law shall come into force on the day of its official publication.

President
of the Russian Federation

Annex 1

SIGNATURE LIST

We, undersigned, hereby authorize Ivanov Peter Semenovich, citizen of the Russian Federation, date of birth May 15, 1940, passport XX BK No. 623459, residing in Chigorak settlement, Svetlaya street, building No. 5, apartment No. 4, as an observer representing citizens at electoral precinct No. 345 of Semikholminsky electoral district No. 46 for the election of deputies of the State Duma of the Federal Assembly of the Russian Federation.

No.

Family name, first name, patronymic name

Year (date) of birth

Place of residence (address)

Series and number of the passport (I.D.)

Signing date

Signature

1

           

2

           

3

           

4

           

5

           

6

           

7

           

8

           

9

           

10

           







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