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28.09.2021, . 11:01

Comparison of Russian Election Laws

 

Duma Election Law

Presidential Election Law

Basic Guarantees Law

Overview/Status

24/11/94 Duma passes 1st reading; 15/3/95 Duma passes 2nd reading; 24/3/95 Duma passes 3rd reading;
12/4/95 Federation Council (FC) vetoes; 21/4/95 Duma passes with minor revisions; 4/5/95 PC vetoes again;
11/5/95 Duma overrides FC veto; 23/5/95 President vetoes - conciliatory committee (CC) set up; 9/6/95 Duma passes CC version; 14/6/95 FC rejects again;
15/6/95 FC passes law; 21/6/95 President signs law.

16/12/94 Duma passes 1st reading; 15/3/95 Duma passes 2nd reading; 24/3/95 Duma passes 3rd reading; 12/4/95 Federation Council (FC) vetoes; 4/5/95 FC approves law; 17/5/95 President signs law.

26/10/94 Duma passes law;
15/11/94 Federation Council (FC) passes law; 6/12/94 President signs law

Term of Office

4 years (Constitution, Art. 96)

4 years (Constitution, Art. 81)

N/A

Election Timing; How Called

Election called by President at least 4 mos. prior to expiration of term (3 mos. in case of Duma dissolution.)
(Art. 4)

Election called by Fed. Council at least 4 mos. prior to expiration of term (3 mos. in case President «ceases fulfillment of powers.») (Art. 4)

N/A

How Elected

450 deputies - 225 elected in single mandate districts (SMD); 225 elected in proportion to number of votes cast for federal lists of candidates of electoral assocs/blocs. (Art. 5)

Direct vote of people. (Art. 1)

N/A

Franchise Requirements &Privileges

Citizens 18+ years; special provisions for military, temporary residents, out of country citizens, voters residing in rest homes, hospitals, sanatoriums, spas, etc. (Arts. 3,12) DISQUALIFIED: citizens declared incompetent by court or imprisoned. (Art. 3)

Citizens 18+ years; special provisions for military, temporary residents, out of country citizens, voters residing in rest homes, hospitals, sanatoriums, spas, etc. (Arts. 3, 24) DISQUALIFIED: citizens declared incompetent by court or imprisoned. (Art. 3)

Citizens 18+ years of age. DISQUALIFIED: citizens declared incompetent by court or imprisoned. (Art. 4)

Districting Authority

Determined by CEC. Dists. must be approved by law NLT 110 days before election; CEC publishes list of dists. NLT 108 days before election. (Art. 11)

N/A

Specifies electoral district rules for local governments and local elections (i.e. non-federal level). (Art. 9)

Districting Principles

Single mandate districts (SMD): contiguous territories;
pop. deviation no more than 10% (15% in remote areas); at least 1 SMD in each Subject. (Art. 11)

Single federal election district encompassing entire territory of R.F. (Art. 5)

Contiguous territory; pop. deviation no more than 10% (15% in remote areas and up to 30% in areas of indigenous small nations). (Art. 9)

Election Commission Hierarchy;
Central Election Comm. (CEC); Subject Election Comm. (SEC);
District Election Comm. (DEC); Territorial Elec. Comm. (TEC); Precinct Election Comm. (PEC)

5 Levels: CEC, permanent body; SEC, permanent body, 4 yr. term; DEC, one for each of 225 single mandate dists, formed NLT 92 days before election; TEC formed NLT 60 days before election; &PEC, formed NLT 44 days before election. (Arts. 16-28)

4 Levels: CEC. permanent body; SEC, permanent body, 4 yr. Term; TEC, formed NLT 60 days before election; &PEC, formed NLT 44 days before election. (Art. 10-18)

5 Levels: CEC; SEC; DEC;
TEC; &PEC; procedure for formation specified in federal laws. (Arts. 11-13)

Formation of Electoral Associations &Blocs

Elec. assocs. must be registered with Ministry of Justice NLT 6 mos. prior to announcement date of election; elec. blocs formed by 2 or more elec. assocs. and must register with CEC within 5 days of submitting the resolution forming the elec. bloc. (Arts. 32, 33)

Elec. assocs. must be registered with Ministry of Justice NLT 6 mos. prior to announcement date of election; elec. blocs formed by 2 or more elec. assocs. and must register with CEC within 5 days of forming. (Arts. 28,29)

Elec. assocs. must be registered with Ministry of Justice NLT 6 mos. prior to announcement date of election; elec. blocs formed by 2 or more elec. assocs.; elec. blocs must register with relevant elec. comm. (Art. 2, 18)

Period of Election Campaign; Restrictions

Begins on day of registration of candidates and ends at 12 p.m. local time on the day preceding the election;
no opinion polls or forecasts published within 5 days of election and on election day; no anonymous campaign materials; no posting of campaign materials on monuments, historical buildings or inside the voting premises. After registration, a candidate may not take advantage of his/her official standing in order to be elected. (Arts. 44, 45, 50)

Begins on day of registration of candidates and ends at 12 p.m. local time on the day preceding the election; no opinion polls or forecasts published within 5 days of election;
no anonymous campaign materials; no posting of campaign materials on monuments, historical buildings or inside the voting premises. After registration, candidates holding government office must take leave of absence during campaign. (Arts. 37, 38, 43)

Begins on day of registration of candidates and ends one day prior to election day; no opinion polls or forecasts published within 5 days of electon; upon registration, candidates holding government offices or employed by mass media must take leave of absence during campaign. (Art.22, 26)

Eligibility for Nomination

Citizens 21+years old. DISQUALIFIED: Citizens declared incompetent by a court or imprisoned. (Art. 3)

Citizens 35+ years old; at least 10 yrs. residing in territory of R.F. DISQUALIFIED: Citizens declared incompetetent by a court or imprisoned. (Art. 3)

Specifies min. ages for candidates for local gov't legislative and exec. bodies. (Art. 4)

Nomination Requirements

Candidates may be nominated by elec. assocs/blocs or directly by citizens; candidates MAY NOT run in more than one single mandate district (SMD);
candidates MAY run in both a SMD and on an electoral assoc/bloc's federal list. (Arts. 6, 39, 42)

Candidates nominated by elec. Assoc/blocs, or directly by citizens. (Art. 6)

Candidates may be nominated by elec. assocs/blocs or directly by citizens. (Art. 18, 19)

Signature Requirements

Electoral Assoc/Bloc: Min. of 200,000 sigs. with no more than 7% from one Subject of R.F.; sig. sheets must state name of Subject of R.F. where sigs. collected; elec. assoc/bloc may begin collecting sigs. upon receipt of certified copy of candidate list; sigs. due to CEC NLT 55 days prior to election; CEC then determines registration status of fed. list candidates within 10 days of submission of sigs.
Single-Mandate District (SMDt):
Min. of 1% of voters in the district; candidates affiliated with an elec. assoc/bloc may begin collecting sigs. upon receipt of certified copy ofcand. list; indep. cands. may begin collecting sigs. on day of official publication of list of single mandate districts; sig. lists due to District Elec. Comm. (DEC) NLT 55 days prior to election; DEC then determines registration status of candidates within 5 days of submission of sigs. (Arts. 39,41,42)

Min. of 1,000,000 sigs. with no more than 7% from one Subject of the R.F.; sig. sheets bound separately by Subjects of the R.F.; sig. collection begins upon receipt of registration certificate; sigs. due to CEC NLT 60 days before election; CEC determines registration status of candidates within 50 days of election. (Art. 34, 35)

Signature requirements shall be established by specific federal laws. The maximum number of sigs. required may not exceed 2% of registered voters. (Arts. 18 &19)

Other Requirements for Electoral Assocs/Blocs with Candidates on Federal List

Federal candidate list nominated at elec. assoc/bloc congress by secret ballot &submitted to CEC; CEC issues or refuses to issue certified copy of list of candidates within 3 days of receipt; no more than 12 candidates on list who do not belong to regional groups (maximum 270 candidates allowable on list);
list may be split into regional groups of candidates; all candidate names &their position order on list must be disclosed to CEC; info re 3 fed. list candidates and 3 regional list candidates (if applicable) shall be included on sig. sheets. (Arts. 37, 38, 39)

N/A

N/A

Rights of Candidates, Electoral Assocs/Blocs during Campaign

Elec. comm. reimburses cands. an amount not to exceed 10 times min. mo. wages (as of 27/7/95 min. mo. wage was 55,000 roubles); candidates cannot be prosecuted; mass media must provide equal conditions to all candidates for campaign statements;
CEC establishes procedures for granting air time. A candidate may withdraw no later than 3 days prior to election day.1 (Arts. 44,47,48)

CEC reimburses candidates an amount equal to candidate's avg. mo. income but not to exceed 20 times min. mo. wages (as of 27/7/95 min. mo. wages was 55,000 roubles);
mass media must provide equal conditions to all candidates for campaign statements;
candidates cannot be prosecuted; CEC establishes procedures for granting air time. A candidate may withdraw at any time before election day.
1 (Art. 37,40)

The appropriate level of elec. comm. shall reimburse candidates in amounts established by specific laws;
candidates cannot be prosecuted; mass media must provide equal conditions to all candidates for campaign statements; CEC establishes procedures for granting air time. Any candidate may withdraw at any time before the election.1 (Arts.20, 22,24)

Financial Limits &Disclosure

Max. expenditure per candidate not to exceed 10,000 times min. mo. wages (as of27/7/95 mm. mo. wage was 55,000 roubles); max. expenditure per electoral assoc/bloc not to exceed 250,000 mm. mo. wages;
donations not allowed from foreign countries, non-citizens, international orgs., local gov'ts, state &city agencies, military units, charitable or religious orgs.;
candidates for deputy submit financial reports to Dist. Elec. Comm., Elec. assocs/blocs to CEC. - Deadline:
NLT 30 days after publication of election returns. (Arts. 52, 53)

Max. expenditure per candidate not to exceed 250,000 times min. mo. wages; donations not allowed from foreign countries, non-citizens, international orgs., local gov'ts, state and city agencies, military units, charitable or religious orgs.; candidates and electoral assocs/blocs submit financial reports to CEC NLT 30 days after publication of election returns. (Arts. 45,46)

Maximum expenditure per candidate to be specified in individual federal laws;
donations not allowed from foreign countries, non-citizens, international orgs., local gov'ts and religious orgs. Relevant level ofelec. comm. must make periodic reports prior to election day re the amounts &sources of funds based on info submitted by elec. assocs/blocs &cands;
cands. &elec. assocs/blocs submit fin. report to relevant elec. comm. NLT 30 days after election. (Art. 28)

Complaint Adjudication

Complaints may be taken to next higher level of Elec. Comm. or to a court; complaints re CEC action/inaction may be filed with Supreme Court which must act on complaint within 5-10 days of receipt or immediately if filed within 5 days of election. (Art. 31)

Complaints may be taken to next higher level of Elec. Comm. or to a court; complaints re CEC action/inaction may be filed with Supreme Court which must act on complaint within 5-10 days of receipt or immediately if filed within 5 days of election. (Art. 23)

Complaints may be taken to next higher level of Elec. Comm. or to a court; complaints re elec. comm.'s action/inaction may be filed with Supreme Court which must act within 5-10 days or immediately if filed on election day. (Art. 16)

Administrative Voting Procedures

Single-Mandate Dist. (SMD) candidates listed on ballot in alphabetical order with their elec. assoc/bloc affiliation (if applicable);
Federal list
candidates order on ballot determined by lot; Pet. Elec. Comm. notices time/place of election NLT 20 days prior to election; voters mark ballot FOR candidate/list of choice or for «none of above»;
absentee voting permitted; vote counting occurs at precincts after polls close; vote protocols (results) submitted to next higher election commission; ballot retention period 1 yr., documents kept at least 6 mos., protocols (results) kept 1 yr. after day setting date of new elections.
1 (Arts. 57 ,58, 59, 61)

Candidates listed on ballot in alphabetical order with their elec. assoc/bloc affiliation (if applicable); Pet. Elec. Comm. notices time/place of election NLT 20 days prior to election; voters mark ballot FOR candidate of choice or for «none of above»; absentee voting permitted; vote counting occurs at precincts after polls close; vote protocols (results) submitted to next higher elec. commission; election documents kept at least 6 mos, protocols (results) kept until next election date is set.1 (Arts. 50, 51, 52, 54)

Pet. elec. comm. notices time/place of election NLT 20 days prior to election; voters mark ballot FOR candidate/list of choice or for «none of above»;
absentee voting permitted; vote counting occurs at precincts after polls close; vote protocols (results) submitted to next higher elec. comm.; election documents kept for time established by fed. laws; ballots must be preserved for min. 1 yr., protocols for min. 1 yr. after next elec date is set.
1 (Arts. 6, 30, 31,32)

Election Observers

Observers representing candidates, elec. assocs/blocs, candidates' attorneys, representatives of media, and foreign observers may be present at polls during voting, calculation of votes and drafting of protocols (election results); 3rd copies of protocols made available to observers, members of elec. commissions with deliberative vote, &media representatives at all Pet. Elec. Comm (PEC), Territorial Elec. Comm. (TEC), Dist. Elec. Comm. (DEC), &Subject Elec. Comm. (SEC). (Arts. 58-61)

Observers representing candidates, elec. assocs/blocs, candidates' attorneys, reps of media &foreign observers may be present at polls during voting, calculation of votes and drafting of protocols (election results); 3rd copies of protocols made available to observers, members of elec. commissions with deliberative vote, &media reps at all Pet. Elec. Comm (PEC); Territorial Elec. Comm. (TEC); &Subj. Elec. Comm . (SEC). (Arts. 52 - 54)

Observers sent by elec. Assocs. or by cands and foreign observers may be present at polling stations;
observers entitled to copy of protocol (elec. Results) at pet. or dist. Level; elec. comms. of all levels shall share info. re voting returns and election outcomes in the presence of observers representing candidates, elec. Assocs. and foreign observers.; observer may be removed from premises if s/he attempts to violate the secrecy of the ballot or attempts to influence a voter. (Arts. 14,30,31,32)

ELECTION RESULTS release &availability of: information in protocols of Precinct Election Commissions (PECs); Territorial Election Commissions (TECs); District Election Commissions (DECs); Subject Election Commissions (SECs); and Central Election Commission (CEC)

Any voter, observer, or media representative may examine protocols at the PEC or DEC level; DECs must publish protocols of TECs &PECs pertaining to single mandate districts NLT 1 mo. after elec; CEC must publish in its bulletin all voting results except for PECs NLT 3 mos. after election day. (Art 65)

Any voter, observer, or media rep. may examine protocols at the PEC, TEC or SEC; TEC must publish its protocol NLT 5 days after election day &the PECs protocols within their TEC NLT 15 days after election day; CEC must publish in mass media protocols of SECs NLT 1 mo. After elec. day;
CEC must publish in its bulletin all voting results, except for PECs, NLT 3 mos. after election day. (Art. 58)

Any voter, candidate observer or media rep. May examine voting returns of each elec. pet; the complete data included in the protocols of all levels of elec. Comms. except PECs, shall be made public within 3 mos. after election. (Art. 33)

Declaring the Winner

Single Mandate Dist.fSMP): candidate who receives most votes (plurality) is elected; if a winning candidate ran for both a SMD &on fed. list, s/he takes SMD seat; Federal List: elec. assoc/bloc must win min. 5% of votes cast for distribution of deputy mandates. If list was split, mandates assigned first to non-regional candidates and then to regional candidates in proportion to number of votes cast for the federal list in that Subject(s) ofR.F. (Arts. 61, 62, 70)

Candidate who receives more than one half of votes is elected. If no majority, a run-off is held between top two candidates; runoff election to occur no later than 15 days after the estimation of the results of first election. (Art.55)

N/A

Voter Turnout Threshold

Minimum 25% voter turnout requirement (based on the # of voters signing for ballots) or election invalid. (Art. 61)

Minimum 50% voter turnout requirement (based on the # of voters signing for ballots) or election invalid. (Art. 55)

N/A

Filling Vacancies

Single-Mandate Dist. (SMD): New election called except if less than one year of term remains, then position stays vacant until next election. Federal List: Mandate transferred to next candidate on fed. list; if no candidates remain, mandate stays vacant until next election. (Art. 67, 68)

If president ceases to exercise powers due to resignation, health or impeachment, duties are temporarily filled by Chairman of Government (Prime Minister). Constitution, Art. 92

N/A

Federation Council: 5/7/95 Duma passes law to elect future members of the Federation Council (FC); 27/7/95 FC supports Duma law to elect firture members of their upper chamber by a razor-thin one vote margin (90 of 178 members voting in favor); 11/8/95 President vetoes law; 12/8/95 Duma fails to override presidential veto. Yeltsin favors forming upper chamber via appointees who are the head of the executive and legislative branches of each of the 89 Subjects of the Russian Federation. No farther legislative action or presidential decree had been issued on this matter as of September 1,1995 when this election law grid was published.


1 Contradictions Are Found Between Provisions Of «Basic Guarantees Law» And «Duma And/Or Presidential Election Law(S)».







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