On the Payment of Electoral Deposits Needed to Register Candidates Nominated in Single-Mandate Electoral Districts, and Federal Lists of Candidates
Central Election Commission of the Russian Federation
On Clarifications of Certain Issues Related to the Application of Articles 45, 47 and 64 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» on the Payment of Electoral Deposits Needed to Register Candidates Nominated in Single-Mandate Electoral Districts, and Federal Lists of Candidates
Resolution
September 25, 1999
No. 16/134-3
Moscow
On Clarifications of Certain Issues Related to the Application of Articles 45, 47 and 64 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» on the Payment of Electoral Deposits Needed to Register Candidates Nominated in Single-Mandate Electoral Districts, and Federal Lists of Candidates
In accordance with Article 24 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation», the Central Election Commission of the Russian Federation r e s o l v e s:
1. To approve the Clarifications of Certain Issues Related to the Application of Articles 45, 47 and 64 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» on the Payment of Electoral Deposits Needed to Register Candidates Nominated in Single-Mandate Electoral Districts, and Federal Lists of Candidates (the Clarifications are attached).
2. To forward this resolution to election commissions of Subjects of the Russian Federation, district election commissions on the election of deputies of the State Duma of the Federal Assembly of the Russian Federation.
3. To publish this resolution in the «Bulletin of the Central Election Commission of the Russian Federation» and in the newspaper «Rossiyskaya Gazeta».
A.A.Veshnyakov
Chairman
Central Election Commission
of the Russian Federation
O.K.Zastrozhnaya
Secretary
Central Election Commission
of the Russian Federation
Clarifications
APPROVED
RESOLUTION
of the Central Election Commission
of the Russian Federation
of September 25, 1999, No. 16/134-3
of Certain Issues Related to the Application of Articles 45, 47 and 64 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» on the Payment of Electoral Deposits Needed to Register Candidates Nominated in Single-Mandate Electoral Districts, and Federal Lists of Candidates
1. In accordance with Clause 5 of Article 32 of the Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum», Clause 5 of Article 45, and Clause 1 of Article 47 of the Federal law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» (hereinafter referred to as the Federal law), at the option of a candidate, an electoral association, electoral bloc the appropriate election commission shall register the candidate, a federal list of candidates either on the basis of the submitted voter signatures or on the basis of an electoral deposit – a sum of money paid by the candidate into a special account of the election commission of a Subject of the Russian Federation or by an electoral association, electoral bloc into a special account of the Central Election Commission of the Russian Federation.
Upon payment of an electoral deposit the candidate, the electoral association, electoral bloc shall submit to the appropriate election commission a copy of the payment order for remittance of money from the electoral fund bearing the note of the Savings Bank of the Russian Federation saying that the order has been accepted for execution, as well as other documents unrelated to signature collection, which are required for registration of a candidate, federal list of candidates. The procedure for the electoral deposit payment shall be done in the order established by Article 64 of the Federal Law and the «Directions on the Procedures for Forming and Expending the Electoral Funds of Candidates, Registered Candidates, Electoral Associations and Electoral Blocs in the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» that were approved by of the CEC Regulation No. 9/53-3 of August 18, 1999.
2. In accordance with Clauses 1 and 2 of Article 45, Clause 1 of Article 47, Clause 5 of Article 64 of the Federal Law, signature lists (a copy of the payment order for remittance of money related to the electoral deposit with a note from the branch of the Savings Bank of the Russian Federation saying that the order has been accepted for execution), and other financial documents needed for the registration of candidates, federal lists of candidates shall be submitted to the appropriate election commission not earlier than 85 days and not later than 55 days before voting day (before 6:00 pm local time). Submission of the necessary documents package is the expression of a will (intention) of a candidate, electoral association, electoral bloc that is stipulated by the Federal Law.
The documents that were submitted to the election commission for registration shall not be recalled.
Within 10 days after acceptance of signature lists (after an electoral deposit has been paid into the special account of the Central Election Commission of the Russian Federation and election commission of a Subject of the Russian Federation, with a copy of the payment order for remittance of money from the electoral fund bearing the note of the Savings Bank of the Russian Federation saying that the order has been accepted for execution), and after acceptance of other documents required for registration of a federal list of candidates, the Central Election Commission of the Russian Federation shall either register the federal list of candidates or take a motivated decision to refuse its registration. During this time period, submission to the election commission of other documents that can serve as a ground for the registration of a candidate, a federal list of candidates shall not be allowed with the exception of the case stipulated by Clause 3 of these Clarifications.
3. In accordance with Sub-Clause 6 of Clause 6, and Clause 7 of Article 47 of the Federal Law, after submission to the election commission of signature lists and other documents necessary for documents registration, but before the decision taken by the election commission about the registration or refusal of registration of a candidate, federal list of candidates, and before 55 days before the voting day expire, a candidate or authorized representative of the electoral association, electoral bloc shall have the right to submit to the election commission a copy of the payment order for remittance of money from the electoral fund bearing the note of the Savings Bank of the Russian Federation saying that the order has been accepted for execution, and other documents related to the payment of the electoral deposit, that are stipulated by the Federal law,
However, in case if as a result of verification and in accordance with Article 46 of the Federal Law, the number of authentic signatures is not enough, or the number of signatures found to be unauthentic exceeds 15 percent of the number of signatures selected for verification, and in the absence of other grounds stipulated by the Federal Law to refuse registration of a candidate or a federal list of candidates, the election commission within 10 days after acceptance of signature lists shall take a decision about registration of a candidate or a federal list of candidates on the basis of the electoral deposit. The decision shall reveal the fact that the number of authentic signatures is not enough, or the number of signatures found to be unauthentic exceeds 15 percent of the number of signatures selected for verification.
4. In accordance with Clauses 6 and 7 of Article 47, and Clause 2 of Article 91 of the Federal Law, in case of refusal of registration of a candidate or a federal list of candidates on the grounds that are stipulated by Sub-Clauses «b» and «c» of Clause 6 of Article 47 of the Federal Law, the initiators (initiator) of the nomination of a candidate or a federal list of candidates has the right, on condition of the observation of the terms established by Clauses 1 and 2 of Article 45 of the Federal Law, to submit the documents for registration in the same electoral district in which the candidate or a federal list of candidates were nominated.
In this case a repeated notification of the district election commission about nomination of a candidate, or a repeated submission to the district election commission of the CEC certified copy of the list of candidates nominated in single-mandate election districts, or a repeated nomination of the federal list of candidates at the conference of an electoral association or representatives of electoral associations shall not be required.
In accordance with Articles 62 and 63 of the Federal Law as indicated in the above case, an electoral deposit can be paid to a special account of the appropriate election commission out of the electoral fund of a candidate, electoral association or electoral bloc that was established earlier, after notification of the election commission about the nomination of the said candidate or after submission to the district election commission of the CEC certified copy of the list of candidates nominated in single-mandate election districts, or after the receipt of the CEC certified copy of a federal list of candidates, respectively.
5. In accordance with Clause 5 of Article 45, and Clauses 5, 7-10 of Article 64 of the Federal Law, in case of registration of a candidate or a federal list of candidates on the basis of the submitted voter signatures or payment of the electoral deposit into a special account of the election commission of a Subject of the Russian Federation or the Central Election Commission of the Russian Federation without submission to the appropriate election commission of documents that are necessary for the registration of the said candidate or a federal list of candidates, or for the electoral deposit payment in accordance with Item 3 of the said Clarifications, the money from the electoral deposit that was paid into a special account of the election commission shall be returned to the appropriate electoral fund not later than within 10 days after registration of a candidate or a federal list of candidates.
If during the time period that starts 85 days before the voting and ends up 55 days before the voting, the appropriate election commission did not get documents needed for the registration of candidates or federal lists of candidates, and a notification to the election commission from the candidate about the recall of his/her announcement about his/her consent to run for the election, or an announcement about the recall of the federal list of candidates done by the electoral association or electoral bloc, and an electoral deposit was paid into a special account of the election commission of a Subject of the Russian Federation or the Central Election Commission of the Russian Federation by the appropriate candidate, electoral association or electoral bloc, this money shall be transmitted to the income of the federal budget not later than within 60 days after the voting day.
6. A candidate registered in a single-mandate electoral district, or an electoral association or an electoral bloc that registered a federal list of candidates, shall not have the right to submit repeatedly to a respective district election commission or to the CEC of RF the election documents that are necessary for the registration and are stipulated by the Federal Law. In accordance with Clauses 2 and 4 of Article 52 of the Federal Law, in those cases when a candidate registered in a single-mandate electoral district withdraws his/her candidacy, he/she shall preserve the right for repeated nomination on condition of observance of the procedures and terms established by the Federal Law.
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