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02.04.2023, . 10:48


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Formation of Election Commissions

So far we have been speaking about interaction between electoral associations, electoral blocs and election commissions in the course of registration of electoral blocs, submission of necessary documents for certification and registration of federal lists of candidates, appointment of agents, resolution of electoral disputes, and so on.

However, under the framework Federal Law On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum electoral associations have the right to participate in the formation of election commissions of any level.

It will be recalled that in March 1999 the electoral associations which have factions in the State Duma appointed five voting members of the Central Election Commission.

In addition to these association this right has also been exercised this year by electoral associations which have factions (deputies groups) in the legislative (representative) bodies of state power of the subjects of the Russian Federation in the course of the formation of regional election commissions.

Under Articles 20, 21 of the new Federal Law electoral associations may participate in the formation of district, territorial and precinct election commissions.

When a district election commission is to be formed, the legislative (representative) and the executive body of state power of a Russian Federation subject must appoint voting members of the commission on the basis of proposals from electoral associations, electoral blocs and other political public associations. First of all, each body of state power must select at least one-third of its appointees on the basis of proposals of electoral associations which have factions in the State Duma and in the legislative (representative) body of state power of a Russian Federation subject (Clause 4 of Article 20).

Electoral associations, electoral bloc must submit their proposals to the legislative (representative) and executive bodies of state power of the subjects of the Russian Federation directly after official publication of the scheme of single-mandate electoral districts, but not later than 19 September 1999. At such time, due attention must be paid to the scheme of single-mandate electoral districts: in accordance with Clause 7 Article 20 of the new Federal law in the regions where only one electoral district is formed the powers of a district election commission are exercised by the election commission of the subject of the Russian Federation, which, as you know, functions on a permanent basis.

It is also necessary to remember that each electoral association, electoral bloc, other political public associations may appoint not more than one representative to a district election commission.

Similar proposals of electoral associations, electoral blocs concerning formation of territorial and precinct election commissions must be submitted to the representative bodies of local self-government of Russian Federation subjects. In this case, it is well to bear in mind that the formation of territorial election commissions ends 19 October 1999, precinct election commissions 22 November 1999, save as otherwise provided in Article 14 of the new Federal Law.

Electoral associations, electoral blocs must keep in mind special provisions relating to the formation of territorial election commissions, which are contained in the Federal Law On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum. According to Clause 12 Article 23 of this law the charter of a municipal unit may provide that a territorial election commission should function on permanent basis. Under Clause 3 of the same article in several subjects of the Russian Federation (Republic of Udmurtia, Republic of Bashkortostan) which have territorial bodies of state power the territorial election commissions are formed by the representative and executive bodies of state power of administrative-territorial units rather than by representative bodies of local self-government.

Electoral associations, electoral blocs which registered federal lists of candidates with the Central Election Commission must actively use their right to appoint one non-voting member to the Central Election Commission and to the election commission of each subject of the Russian Federation (88 members), to each district election commission (225 members), territorial election commission (2700 members) and precinct election commission (93,000 members) (Clause 1 of Article 22).

Each electoral association, electoral bloc which did not register a federal list of candidates but nominated registered candidates in single-mandate electoral districts may also appoint one non-voting member to the Central Election Commission and to the election commissions of the corresponding subjects of the Russian Federation (Clause 3 of Article 22). It is important that your appointees be duly prepared not only for monitoring the electoral process but also for actively participating in the preparation of the decisions of the election commissions.

As you can see, the new Federal Law provides wide possibilities to electoral associations for participation in the formation of election commissions of various levels. It must be pointed out, however, that in their activity voting members of election commissions must not be dependent on the political decisions of public associations which appointed them but must conform to the letter and spirit of the electoral laws.

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