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Народ - есть та часть государства, которая не знает, чего она хочет. Георг Вильгельм Фридрих Гегель (1770-1830), немецкий философ


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Яндекс цитирования


20.04.2024, суббота. Московское время 07:35


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Chapter IX. Voting and Determination of Election Results

Article 47. Voting Premises

Voting premises shall be provided, on a free of charge basis, to the district election commission by the head of the relevant local administration.

Voting premises should contain a hall where booths or specially arranged places for secret ballots or rooms suitable for voting by secret ballot are located. Booths, specially arranged places or rooms for voting by secret ballot shall be outfitted with tables and writing tools. Pencils shall not be allowed for such purposes.

In voting premises or directly in front of the premises the district election commission shall install a stand displaying samples of completed ballots and information about all candidates running for the office, in the given single mandate electoral district. The information materials about candidates shall not contain propaganda appeals. Samples of completed ballots displayed on the stand shall not contain family names of the candidates running for the office at the given single mandate electoral district.

Article 48. Ballots

Each voter shall receive one ballot for the purpose of electing deputies. A ballot form shall be approved by the election commission of a subject of the Russian Federation not later than 20 days prior to election day. The ballot text for single mandate electoral district shall be approved by the district election commission. The ballot text shall be placed on one side of the ballot only.

A ballot shall contain, in an alphabetical order, family names, surnames and patronymic names of all candidates registered in the electoral district and the information stipulated in Clause 4 Article 45 of this Law. If a candidate is nominated by an electoral association, electoral bloc, the name of such electoral association, electoral bloc as well as the candidate' affiliation to a political party or other public association within the electoral association, electoral bloc, if any, shall be specified. If a candidate is nominated directly by voters his political affiliation shall be specified only upon desire of the candidate. To the right of the information about each candidate a blank box shall be placed. On the bottom of the list of candidates a line «Against All Candidates» with a blank box to the right shall be placed.

Each ballot shall contain explanation about how it is to be completed. Ballots shall be printed in Russian. Upon decision of the election commission of a subject of the Russian Federation ballots may be printed in Russian and state language of the relevant republic and languages of the peoples of the Russian Federation in the territory of their residence. If electoral ballots are printed in two or more languages at the electoral precinct the text of such languages shall be placed in each ballot. The text in such electoral ballot shall be approved by the election commission of the subject of the Russian Federation.

Ballots for voting in single mandate electoral districts shall be printed not later than 20 days prior to election day, upon instruction of the relevant district election commission. The precinct election commission shall receive from the district election commission ballots not later than 4 days prior to election day. In each electoral district the number of ballots delivered to precinct election commissions may not exceed the number of voters on the voter list of the electoral precinct by over 0.5%. In the right hand upper corner of a ballot two members of the precinct election commission shall sign, and the signatures shall be endorsed by the seal of the precinct election commission.

Ballots that are not endorsed by the precinct election commission shall be deemed ballots of an authorized form and shall not be counted.

If some candidates are withdrawn 15 days before election day or later, the precinct election commission upon instruction of the district election commission shall cross out the information about the relevant candidates in the ballots.

Article 49. Voting Procedure

Voting shall take place from 8:00 till 22:00 hours local time on election day.

Precinct election commissions shall be obliged to inform voters about the place and time of voting not later than 20 days prior to the voting through mass media or otherwise.

The precinct election commission at electoral precincts formed in military units, remote or difficult of access areas may announce the voting completed before the time set by Clause 1 of this Article, if all voters contained in the voter lists have voted.

A voter who on election day will be absent for any reason from the place of his/her residence may vote earlier by completing a ballot in the premises of the district (54 days prior to election day) or precinct election commission(not earlier than 3 days prior to election day). In this case the secrecy of ballot shall not be violated. If a voter votes in the premises of the district election commission two members of the district election commission shall put their signature on the reverse side of the ballot issued to the voter which should be endorsed by the commission seal. The voter shall put the completed ballots in an envelope which shall be sealed and transferred to a member of the precinct or district election commission on duty. Two members of the district or precinct election commission respectively shall sign on the place of sealing of the envelope that shall be endorsed by the seal of the relevant election commission. The district election commission shall submit the list of voters and envelopes with their ballots to the relevant district election commission not later than 3 days before election day.

In case of earlier voting in the premises of a district election commission Secretary of the precinct election commission in the territory of which the given voter resides shall made an entry «Early Voting» (after delivery of the sealed envelope with the ballots from district election commission) in the relevant line of the voter list and sign.

District election commissions shall be entitled to allow early voting, however, not earlier than 15 days prior to election day in remote and difficult to access areas. At 8:00 on election day Chairman of the precinct election commission shall announce the electoral the precinct open and show the members of the election commission, voters and observers present, empty ballot boxes that then shall be sealed. Then Chairman of the precinct election commission shall show envelopes left by voters who voted earlier. In this case integrity of each envelope,. the presence of endorsing signatures and seals shall be checked and the number of envelopes shall be verified to match the number of entries in the voter list. Then the envelopes shall be opened and ballots taken therefrom shall be put into the ballot boxes. If over 2 ballots are extracted from the envelope all ballots taken from the envelope shall be canceled and a special statement shall be executed. Then Chairman of the precinct election commission shall invite voters to start voting.

A voter, upon receipt of a ballot, shall enter his/her passport or ID series and number in the voter list. Upon consent of a voter or upon his/her request, the series and number of the presented passport or other ID may be put down in the list by a member of the precinct election commission with decisive vote. The voter shall check the entry and sign.

If a voter cannot sign of his/her own for the received ballot he/she shall be entitled to use assistance of another person with the exception of members of the precinct election commission, observers, agents of candidates, electoral associations, electoral blocs. A person who helped a voter shall sign in the voter list in the line «Voter Signature Certifying the Receipt of Ballots» specifying his/her name.

Each voter shall vote personally. Voting for other persons shall be prohibited. Ballots shall be completed in booths, specially arranged places or rooms for voting by secret ballot where no one with the exception of the given voter shall be present. A voter who cannot complete a ballot independently shall be entitled to invite to the booth, specially arranged place or room for voting by secret ballot, any person with the exception of a member of the election commission, observers, agents of candidates, electoral associations, electoral blocs. The family name of such a person shall be specified in the voter list near the signature of the voter certifying the receipt of the ballot.

A voter shall put any sign in the ballot in an empty box to the right of the family name of the candidate he/she is voting for or in the box located to the right of the line «Against of All Candidates».

A voter shall put the completed ballots in a ballot box. Ballot boxes shall be in sight of members of election commissions and observers.

The precinct election commission shall give all voters an opportunity to participate in the voting including voters who for health reasons or any other good reason cannot arrive at the voting premises. For this purposes an adequate number of portable ballot boxes shall be available at the election commission, the number of which being determined by the district election commission. An application for voting outside the voting premises shall be confirmed by the voter in writing upon arrival of members of the precinct election commission at his/her place. The application shall also contain the same information about the voter as in the voter list. Upon receipt of ballots the voter shall make an entry thereabout in his/her application and put his/her signature. The members of the precinct election commission serving the applications shall receive the number of ballots in proportion to the number of applications. The number of voter applications as well as the number of used and returned ballots shall be recorded in a separate statement. At the same time an entry shall be made in the voter list indicating that the voter voted outside the polling station. Observers shall be entitled to attend the voting procedure outside the polling station. Upon return of the members of the precinct election commission to the polling station the portable ballot box shall not be opened till the beginning of the vote counting procedure. Arrangement and conducting the voting outside the polling station shall preclude an possibility to violate electoral rights of citizens and a possibility to violate the vote secrecy principle or distort the voter's will.

Chairman of the precinct election commission shall control the order in the polling station. His instructions shall be binding upon all those present in the polling station. If Chairman of the precinct election commission is absent, Deputy Chairman of the precinct election commission shall substitute for him/her and if he/she is absent Secretary or any other member of the precinct election commission authorized by it shall substitute for him/her.

If a voter feels that while completing a ballot he/she made a mistake, he/she is entitled to ask the member of the precinct election commission who issued the ballot to issue him/her a new ballot instead of the spoiled one. The member of the election commission shall issue the voter a new ballot making a relevant entry in the voter list in front of the family name of the relevant voter. The spoiled ballot shall be canceled, with a relevant statement being executed.

Observers representing candidates, electoral associations, electoral blocs agents of candidates, foreign (international) observers, as well as representatives of mass media shall be entitled to attend the procedure of voting, vote counting and completing protocols on vote returns by the precinct election commissions at electoral the precincts.

Article 50. Vote Counting at Electoral The precincts

Upon the expiration of the voting time Chairman of the precinct election commission shall announce that only the voters who are already in the premises of the polling station may receive ballots and vote.

Before opening the ballot boxes members of the election commission shall, in presence of observers representing candidates, electoral associations, electoral blocs and foreign (international) observers, if present at the polling station, count and cancel unused ballots. The number of such ballots shall be announced and recorded in the protocol on vote returns, then Chairman of the precinct election commission shall check the seals and leads on the ballot boxes, ask members of the precinct election commission, observers and agents of candidates, representatives of electoral associations, electoral blocs to see that the boxes are properly sealed and then open the boxes. The boxes shall be opened one by one, first portable ballot boxes, then stationary ballot boxes.

First ballots in the portable ballot boxes shall be counted. Their number shall not exceed the number of written applications of voters for voting outside the polling station.

In case the number of ballots found in portable ballot box exceeds the number of applications, all ballots contained in the portable box shall be declared invalid by decision of the precinct election commission.

This fact, with family names of members of the precinct election commission in charge of voting outside the polling station being specified, shall be recorded in the statement which shall be attached to the protocol on vote returns.

While counting votes, first of all ballots of an unauthorized form i.e. unofficially produced or those not endorsed by the election commission as well as invalid ballots shall be separated. Ballots where voters' will cannot be clearly determined, shall be regarded invalid. In particular, such are ballots with any sign (signs) put in a few boxes or with no sign at all. In case of doubts the precinct election commission shall settle the issue by way of voting. While making a decision concerning invalidity of a ballot, the district election commission shall specify the reasons for its invalidation on the reverse side of the ballot. Such an entry shall be endorsed by signatures of at least 3 members of the precinct election commission. Invalid ballots shall be packed separately from other ballots.

Votes shall be counted directly by members of the district election commission with decisive vote with no break until vote returns are achieved about which all members of the precinct election commission as well as observers, including foreign (international) observers, shall be notified.

The precinct election commission shall compile the protocol on vote returns for the electoral the precinct.

The following information shall be entered in the protocol:

    the number of voters in the voter list including voters who were put on the list additionally;

    the number of ballots received by the election commission;

    the number of ballots issued to voters at the polling station on election day;

    the number of ballots issued to voters who voted earlier;

    the number of ballots issued to voters who voted outside the polling station;

    the number of canceled ballots;

    the number of ballots contained in stationary ballot boxes with the exception of ballots of an unauthorized form;

    the number of ballots contained in portable ballot boxes with the exception of ballots of unauthorized form;

    the number of valid ballots; the number of invalid ballots (including the number of ballots with no marks that shall be put as a separate line);

    family name, surname and patronymic name and in case of their coincidence - other information on candidates in the ballot;

    the number of votes cast for each candidate;

    the number of votes cast against all candidates.

The protocols shall be compiled in 3 copies in presence of all members of the precinct election commission, observers, agents of candidates and signed by all members of district election commission. A member of the district election commission who disagrees with the protocol as a whole or partially shall be entitled to attach to the protocol his/her special opinion with an entry being made in the protocol.

Complaints (applications) of violation of this Law submitted to the district election commission as well as decisions made by the commission thereabout shall be attached to the first copy of the protocol. The certified copies of complaints (applications) and decisions of the precinct election commissions thereon shall be attached to the second copy of the protocol.

The protocol on vote returns shall not be completed in pencil, no changes shall be allowed in the protocol. In case of mistakes, inaccuracies in the protocol of the precinct election commission and in case of doubts in its proper completion, a higher election commission shall be entitled to make a decision concerning a repeat count of votes by the relevant precinct election commission. The repeat count of votes shall be conducted by the precinct election commission in presence of a member (members) of the higher election commission.

The first copy of the protocol of the district election commission, after being signed, shall be immediately forwarded to the district election commission.

The second copy of the protocol together with the sealed ballots, lists of members of the precinct election commission with deliberative vote, observers representing candidates, electoral associations, electoral blocs, foreign (international) observers, representatives of mass media attending the vote counting procedure shall be stored with Secretary of the precinct election commission till the end of its work.

The third copy of the protocol shall be provided to agents of candidates, observers, members of the precinct election commission with deliberative vote, representatives of mass media for review.

Electoral documents including ballots shall be transferred to the relevant district election commissions no later than in 10 days after the official announcement of the election results in the single mandate electoral district.

Article 51. Determination of Election Results in Single Mandate Electoral Districts

On the basis of the protocols of precinct election commissions on vote returns, the district election commission shall not later then in 7 days from election day determine the election results in the single mandate electoral districts by summing up the contain data. The data contained in the protocols of precinct election commissions shall be summed up directly by members of the district election commission with decisive vote.

A candidate who received the largest number of votes of participants shall be considered elected in the single mandate electoral district. If candidates receive an equal number of votes, the candidate who was registered earlier shall be considered elected.

The district election commission shall declare the election in the single mandate electoral district invalid if violations of this Law committed during the election do not allow voters' will to be determined reliably or if it declared the elections invalid over 1/3 of electoral the precincts. The district election commission shall declare elections in a single mandate electoral district as not having taken place if less than 25% of registered voters participated in the election. The number of voters participated in the elections shall be determined on the basis of the number of signatures of voters in the voter lists for receipt of the ballots.

The district election commission on the basis of the protocols of relevant precinct election commissions shall compile a protocol on election results in the single mandate electoral district with the following data being entered therein:

    the number of the precinct election commissions in the district;

    the number of protocols of district election commissions on the basis of which the protocol is compiled;

    the number of votes in the single mandate electoral district contained in the voter lists;

    number of ballots issued to the precinct election commissions;

    the number of ballots issued to voters at polling stations on election day;

    the number of ballots issued to voters who voted earlier;

    the number of ballots issued to voters who voted outside the polling station;

    the number of canceled ballots;

    the number of ballots contained in stationary ballot boxes (with the exception of ballots of an unauthorized form);

    the number of ballots contained in portable ballot boxes with the exception of ballots of an unauthorized form;

    the total number of valid ballots;

    the total number of invalid ballots (including the number of ballots with no marks to be entered as a separate line);

    family name, surname and patronymic name of candidates in the ballot and the number of votes cast of each of them;

    the number of votes cast against all candidates;

    the family name, surname and patronymic name of the elected candidate.

The protocol of the district election commission shall be completed in 3 copes and signed by all members of the election commission present. The summary table on vote returns in the single mandate electoral district containing complete data of the protocols of all the precinct election commissions shall be attached to the protocol. A member of district election commission who disagrees with the protocol as a whole or partially shall be entitled to attach his/her special opinion with a special entry being made in the protocol. The first copy of the protocol and the summary table shall be immediately forwarded to the election commission of the legal subject of the Russian Federation, the second copy of the above protocol and Summary table shall be stored with the secretary of the district election commission.

Complaints (applications) of violations of this Law submitted to the district election commission as well as decisions of the election commission made thereabout shall be attached to the first copy of the protocol. The certified copies of complaints (applications) and decisions of the district election commission shall be attached to the second copy of the protocol.

The second copy of the protocol together with the summary table and lists of members of the district election commission with decisive vote, observers, representing candidates, electoral associations, electoral blocs, foreign (international) observers, representatives of mass media attending the procedure of tabulating the election results and compiling the protocol shall be stored with Secretary of the district election commission till the end of its work.

The third copy of the protocol and the summary table shall be provided to agents of candidates, observers, members of the district election commission with deliberative vote, representatives of mass media for review.

The ballots shall be stored at least 1 year, the protocols on vote returns and election results - at least 1 year from the date of announcing the next elections, other documents of election commissions - at least 6 months.

Article 52. Determination of General Outcome of Elections

On the basis of the protocols of district election commissions concerning the elections of deputies of the legislative (representative) body of state power of the legal subject of the Russian Federation, the election commission of the legal subject of the Russian Federation shall not later than in 3 weeks after election day determine general outcome of the election.

The election commission of the legal subject of the Russian Federation shall declared elections in a single mandate electoral district invalid if it finds out that violations of this Law committed in that electoral district during the elections do not allow voters will to be reliably determined.

In single mandate electoral districts where election did not take place or declared invalid, the election commission of the legal subject of the Russian Federation shall set repeat elections. The time term for electoral activities set by this Law may be reduced by the election commission of the legal subject of the Russian Federation, however, not more than by one third. In this case the election commission of the legal subject of the Russian Federation may issue an instruction concerning the formation of new district and precinct election commissions.

Article 53. Registration of Elected Deputies

The district election commission after signing the protocol on election results shall notify the candidate who was elected thereabout. In compliance with the Charter (Constitution) of the legal subject of the Russian Federation, the candidate who is elected deputy of the legislative (representative) body of state power of the legal subject of the Russian Federation shall, within 3 days, notify in writing the district election commission about declining all his/her duties incompatible with the status of a deputy. The district election commission after official publication of the general outcome of the election shall register the elected deputy of the legislative (representative) body of state power of the legal subject of the Russian Federation and issue him/her a certificate provided he/she has fulfilled all requirements set by Clause 1 of this Article.

Article 54. Publication of Voting Returns and Results of Elections of Deputies of the Legislative (Representative) Body of State Power of the Legal Subject of the Russian Federation

Vote returns for each electoral district, the results of elections in the electoral district, to the extent of the data contained in the protocols of the relevant election commission shall be provided to any voter or observer and representative of mass media for review .

The district election commission shall publish in local press the data contained in the protocols of all the precinct election commissions in the relevant single mandate electoral district not later than in a months from election day.

The election commission of the legal subject of the Russian Federation shall publish in the press the general outcome of the election including the data contained in the protocols of all district election commissions not later than in a month from election day.

Not later than in a month from election day, the election commission of the legal subject of the Russian Federation shall publish the information about voting returns including the complete data contained in the protocols of district election commissions as well as the data of elected deputies, stipulated in Clause 4 Article 35 of this Law.

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