Nomination of candidates shall be possible if a person signs a written statement expressing his/her consent to run and the readiness in case of election to discontinue the activity incompatible with the status of a deputy. This statement together with a notification about the beginning of signature collection shall be submitted to an appropriate district election commission.

The period for nomination of candidates shall commence on the date on which the plan of electoral districts is officially published.

All candidates regardless of the method of nomination shall have equal rights and bear equal obligations. Candidates occupying state or municipal offices shall not take advantage of their office or status.

In accordance with the Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum» in this Law «taking advantage of one’s office or status» shall mean:

Involvement, during working hours, of persons who are subordinate to or dependent on a candidate in the line of duty, other state and municipal employees in the activity conducive to nomination and/or election;

· use of premises occupied by state bodies or bodies of local self-government for carrying on the activity conducive to nomination and/or election if other candidates or registered candidates cannot use the same premises on the same terms and conditions;

· use of telephone, fax and other types of communication, information services, office equipment of state organizations or bodies of local self-government for carrying on the activity conducive to nomination and/or election;

· gratis use or use at reduced rates of state- or municipality-owned transport facilities for carrying on the activity conducive to nomination and/or election. This provision shall not apply to persons using the said transport facilities in accordance with the federal law on state-provided security;

· collection of signatures or engagement in election propaganda by state or municipal employees in the course of business trips paid for from the state or municipal funds;

· privileged access (compared to other candidates, registered candidates) to the mass media indicated in Part 1 Article 49 of this Federal Law for collecting signatures or carrying on election propaganda.

Compliance with the aforementioned restrictions must not interfere with the performance by deputies, elected officials of their obligations to voters.

Article 38 - Nomination of Candidates by Electoral Associations and Electoral Blocs

An electoral association shall nominate candidates for election to the legislative (representative) body of state power of the [Subject of the Russian Federation] at the congress (conference) of the electoral association or a conference (meeting) of a regional branch of the electoral association, specifying the electoral district where each nominated candidate will run. An electoral bloc shall nominate candidates at a conference (meeting) of representatives of the electoral associations comprised in the bloc, specifying the electoral district where each nominated candidate will run.

The decision of an electoral association or electoral bloc concerning nomination of candidates shall be taken by secret ballot.

An electoral association, electoral bloc shall nominate not more than one candidate in a single-mandate district.

An electoral association, electoral bloc may nominate candidates who are not members of the electoral association or associations comprised in the electoral bloc.

Article 39 - Acceptance of Nomination Documents When Candidates Are Nominated by an Electoral Association, Electoral Bloc

Version of the heading: Documents to be Submitted to a District Election Commission When a Candidate Is Nominated by an Electoral Association, Electoral Bloc

A decision of an electoral association or electoral bloc on the nomination of a candidate shall be submitted by an authorized representative of the electoral association or electoral bloc to the district election commission of the single-mandate electoral district in which the candidate is running. The decision shall indicate:

· the district in which each candidate is running,

· his/her first, middle and last name,

· date of birth,

· place of work,

· position (occupation),

· place of residence of the candidate.

Attached to this decision shall be a written statement of the candidate expressing his/her consent to run in the given electoral district and the readiness in case of election to discontinue the activities incompatible with the status of a deputy.

In addition to this electoral associations shall submit the following documents together with the decision on the nomination of candidates:

· a copy of the registration certificate of the electoral association and a copy of its registered charter certified by the executive body of the given association;

· a copy of the minutes of the congress (conference) of the electoral association or the conference (meeting) of a regional branch of the electoral association at which the candidates were nominated, and a power of attorney of an authorized representative of the electoral association certified by the executive body of this association

An electoral bloc submitting the decision on the nomination of candidates shall attach to the decision the following documents: a copy of the minutes of the congress (conference) of the representatives of electoral associations comprised in the electoral bloc, at which the candidates were nominated, the said copy being signed by the authorized representatives of these electoral associations; a power attorney of the authorized representative of the electoral bloc. The copy of the minutes and the power of attorney shall be certified by the executive body of one of the electoral associations comprised in the given electoral bloc.

The appropriate district election commission shall accept the submitted documents and within three days issue a certificate of acceptance of the documents to the authorized representatives of the electoral association or electoral bloc.

District election commissions shall publish information about the candidates nominated by an electoral association, electoral bloc within three days of the acceptance (version: receipt) of the nomination documents

Article 40 - Nomination of Candidates Directly by Voters

Each citizen of the Russian Federation who has the right to be elected to the legislative (representative) body of state power of the [Subject of the Russian Federation] may nominate himself/herself by way of self-nomination or to be nominated by any other voter or group of voters as a candidate for election to the legislative (representative) body of state power of the [Subject of the Russian Federation] in a single-mandate electoral district.

Candidates are nominated through collection of signatures under his/her nomination statement. Any voter or group of voters may initiate signature collection under a candidate’s nomination statement. Initiators of signature collection in support of a candidate in an electoral district shall notify in writing the appropriate district election commission about their initiative. The notification shall indicate the district in which the candidate is running, the first, middle and last name, date of birth, place of work, position (occupation), and place of residence of the candidate. The notification shall include a written statement of the candidate expressing his/her consent to run in the given electoral district and the readiness in case of election to discontinue activities incompatible with the status of a candidate.

A district election commissions shall publish information about a candidate nominated directly by voters within three days of being notified of the initiative to collect signatures in support of the candidate.

Article 41 - Collection of Signatures In Support of Candidates Nominated Directly by Voters, by an Electoral Association or Electoral Bloc

The number of voter signatures to be collected in support of each candidate shall not be less than one percent of the total number of voters registered in the given electoral district. The absolute number of signatures that has to be collected in support of each candidate shall be established by a district election commission not later than 24 hours after its formation. In the event of repeat elections or early elections following dissolution of the legislative (representative) body of state power of the [Subject of the Russian Federation] or if [the duly authorized body or official] of the [Subject of the Russian Federation] fails to call elections in due time pursuant to Article 4 of this Law, the number of voter signatures to be collected in support of a candidate under this article may be reduced by one-third by a decision of the election commission of the [Subject of the Russian Federation].

Collection of signatures in support of a candidate nominated directly by voters shall commence from the day of official publication of the list of electoral districts.

Electoral associations or electoral blocs may begin collection of signatures in support of their candidates from the day on which the appropriate district election commission issues a certificate of acceptance of the nomination documents. Collection of signatures prior to receipt of a certificate of acceptance of nomination documents from the district election commission shall not be allowed.

Version: Electoral associations or electoral blocs may begin collection of signatures in support of their candidates from the day on which they submit documents indicated in Articles 37 and 39 of this Law to the district election commission.

Article 42 - Requirements to Collection of Signatures In Support of Candidates

Signatures in support of candidates running in the given electoral district shall be collected separately for each candidate and only among voters of the electoral district where the candidate is nominated.

A voter may put his/her signature in support of more than one candidate, including candidates nominated by different electoral associations or electoral blocs, but no more than once in support of the same candidate.

Signatures may be collected in any public place or at any event where election propaganda, display of propaganda materials or collection of signatures are not prohibited by federal laws, this Law or other laws of the [Subject of Russian Federation]. Signatures may also be collected at places of work, study and residence, and in places of employment (including labor collectives).

Only voters shall be entitled to collect signatures. When a remuneration is to be paid to a person collecting signatures (signature collector), a candidate or an authorized representative of an electoral association or electoral bloc shall sign a written contract with such a signature collector. Certified copies of these contracts shall be attached to a candidate’s report on receipt and expenditure of funds for the collection of signatures to be submitted to a district election commission pursuant to Part 1 Article 63 of this Law.

Participation of the administration of enterprises of any form of ownership, institutions and organizations in signature collection shall not be allowed. During collection of signatures, it shall be prohibited to use any form of coercion, threats or intimidation, or resort to any actions aimed at bribery, provision or withdrawal of material benefits in exchange for signatures on signature lists. When signatures are collected at places of work (including labor collectives), signature collection shall be prohibited:

· during working hours, at workplaces or wherever employees perform their official duties;

· on pay day or in places where wages and allowances are paid to workers and employees.

Signatures collected in violation of the provisions of the preceding part of this article shall be pronounced invalid by a district election commission. Gross or repeated violations of the aforementioned bans may serve a ground for cancellation of a candidate’s registration by a district election commission or by a court. Signature lists shall be made up and completed according to the form shown in Appendix 1 to this Law.

Each signature list shall indicate:

· the name of the electoral association or bloc that nominated the candidate or the fact that the candidate was nominated directly by voters;

· the first, middle and last name, date of birth, place of work, position (occupation) and place of residence of the candidate.

When signing a signature list, voters shall by their own hand write in the list their first, middle and last name, year of birth (for voters 18 years of age also the month and day of birth), residential address, series and number of the passport or an equivalent identity paper as well as the date of signature collection.

Each signature list shall be certified by a signature collector who shall indicate his/her first, middle and last name, place of residence, series and number of the passport or an equivalent identity paper. Lists of signatures collected in support of a candidate nominated by an electoral association or electoral bloc shall be additionally certified by an authorized representative of the electoral association or electoral bloc that nominated the candidate. Lists of signatures collected in support of a candidate nominated directly by voters shall be additionally certified by the candidate.

Article 43 - Registration of Candidates

To register a candidate, an authorized representative of the electoral association or electoral bloc that nominated the candidate or the candidate himself, if he/she is nominated directly by voters, shall submit signature lists containing voter signatures.

The submitted number of voter signatures collected in support of candidates shall not exceed their number established in Part 1 Article 41 of this Law by more than 15 percent. Signature lists shall be submitted to a district election commission bound and numbered. When accepting signature lists, the election commission shall certify each signature list with the commission’s seal. The commission shall issue a receipt confirming acceptance of signature lists to an authorized representative of the electoral association or electoral bloc or to the candidate. This receipt shall indicate the date and time of acceptance and shall be signed by two commission members and certified by the commission’s seal

A district election commission shall verify the authenticity of voter signatures on the signature lists and proper execution of the signature lists. Together with precinct election commissions a district election commission may arrange an overall or random verification of the authenticity of voter signatures.

For random verification signature lists to be verified shall be selected by lot. First, verification shall cover 10 percent of the total number of signatures and, if the proportion of unauthentic signatures exceeds 5 percent, overall verification shall be carried out..

During the verification signatures shall be rejected as unauthentic if they are forged, put several times by the same person or are not accompanied by the required data of the persons who put them. Signatures shall also be rejected if they are contained in signature lists executed with the violation of the requirements of this Law. Signatures shall not be verified and counted if they were excluded from the signature list (crossed out) by the nominators of the candidate before their submission to the election commission and a special note to this effect was made by the nominators. Voters shall not be summoned for verification of their signatures.

For a candidate to be registered the number of unauthentic signatures found in the course of verification shall not exceed 5 percent of the total number of collected signatures and the total number of signatures, minus unauthentic and invalid ones, shall be not below the number indicated in Part 1 Article 41 of this Law.

Each time verification is to be carried out a notice to this effect shall be given to all candidates, representatives of electoral associations, electoral blocs who submitted the required number of signatures. Authorized representatives of the given electoral association or electoral bloc, candidates, representatives of voters who initiated nomination of the candidate may be present when the commission checks the execution of signature lists and other documents.

Within five days of the acceptance of the signature lists in support of a candidate, a district election commission shall verify authenticity of voter signatures in support of the candidate, determine whether the candidate was nominated in compliance with the requirements of this Law and adopt a decision to register the candidate or a motivated decision to refuse registration.

The decision of a district election commission to refuse registration of a candidate shall, on request, be immediately issued to the candidate or to an authorized representative of the electoral association, electoral bloc which nominated the candidate. The grounds for the refusal may be an insufficient number of the submitted voter signatures in support of the candidate; the proportion of unauthentic signatures in relation to all verified signatures exceeding the norm established by this Law; violation of the signature collection procedure set forth in this Law; violation of the procedure for establishment and utilization of electoral funds; other grounds provided by this Law.

One person may be registered as a candidate only in one electoral district.

The decision of an election commission to register a candidate or to refuse registration may be appealed in a court or in the election commission of the [Subject of the Russian Federation].

When a candidate is to be registered the relevant decision of an election commission shall indicate that the candidate has been nominated by an electoral association, electoral bloc. A candidate nominated directly by voters may assert his/her independent status or indicate affiliation with some public association.

A registration certificate shall be issued to each registered candidate indicating the date and time of its issue. Within 48 hours of registration of candidates, a district election commission shall transmit the information about the registered candidates (submitted at the time of their nomination under this Law) to the mass media and, not later than 15 days prior to voting day, shall display the information about registered candidates on billboards on the premises of the district election commission.

The election commission of the [Subject of Russian Federation] shall postpone elections for 70 days and the appropriate district election commission shall make arrangements for additional nomination of candidates and performance of other electoral actions during 70 days if there remain no registered candidates or there remains only one registered candidate in the given electoral district by voting day.

If the circumstances indicated in the preceding part of this Law arise due to the fact that a candidate has withdrawn his/her candidature without any compelling reasons or his/her registration was canceled because of the misuse of the freedom of mass information, all expenses incurred by a district election commission in the preparation and conduct of the elections shall be charged to this candidate.

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ПУБЛИКАЦИИ ИРИС

СМИ И ВЫБОРЫ. ОРГАНИЗАЦИЯ И ФИНАНСИРОВАНИЕ ВЫБОРОВ (ACE PROJECT)

Автор: Сборник статей
Форма выпуска: Книга

В сборнике анализируется мировой опыт проведения выборов, а также их освещения в средствах массовой информации. Издание подготовлено по материалам International IDEA, IFES, UN-DESA.

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