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02.04.2023, . 10:14


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Chapter IV. Election Commissions

Article 18.The System of Election Commissions

The following election commissions shall be in charge of preparation and administration of elections of deputies of the legislative (representative) body of state power of a legal subject of the Russian Federation:

    election commission of a legal subject of the Russian Federation;

    district election commissions;

    precinct election commissions.

Article 19. Formation of the Election Commission of a Legal Subject of the Russian Federation

An election commission of a legal subject of the Russian Federation shall be formed in compliance with the Federal Law «On Basic Guarantees of Electoral Rights of Citizens of the Russian Federation» and the law of the legal subject of the Russian Federation «On Election Commission of the Legal Subject of the Russian Federation».

Commission members shall, at its first session, elect by secret ballot Chairman, Deputy Chairman and Secretary of the commission from the commission members who, as a rule, should have a higher legal degree.

An electoral association , electoral bloc shall be entitled to appoint one member of the election commission of a legal subject of the Russian Federation with deliberative vote if the candidates nominated by such electoral association, bloc are registered not less than at ___ districts.

Article 20. Procedure of Forming of the District Election Commission

The district election commission shall be formed in each single mandate electoral district.

The district election commission shall be formed by the legislative (representative) body of state power of the legal subject of the Russian Federation not later than 92 days prior to election day and shall consist of 8-14 members. Half of the members of the district election commissions shall be appointed by the legislative (representative) body of state power of the legal subject of the Russian Federation, the other half being appointed by the executive body of state power of the legal subject of the Russian Federation.

While appointing candidates for the precinct election commissions the legislative (representative) and executive bodies of state power of the legal subject of the Russian Federation should take into account suggestions of elected bodies of local government, public associations, meetings of voters at places of their work, service, study and residence.

Chairman, Deputy Chairman and Secretary of the district election commission shall be elected by secret ballot at its first session from members of the district election commission.

If the legislative (representative) and executive bodies of state power of the legal subject of the Russian Federation fail to appoint members of the district election commission within the time term set by Clause 2 of this Article, the district election commissions shall be formed by the election commission of the legal subject of the Russian Federation.

After the registration of candidates, an electoral association, electoral bloc that nominated the candidate, or the candidate himself/herself shall be entitled to appoint one member of the election commission with deliberative vote in the district election commission of the single mandate electoral district where the candidate is registered.

Article 21. Procedure for Formation of the Precinct Election Commission

The precinct election commission shall be formed by the elected body of local government not later than 44 days prior to election day and shall consist of 5 -10 members.

When appointing a candidate for the precinct election commission, the elective body of local government shall take into account suggestions made by public associations, meeting of voters at places of their work, service, study and residence. Chairman, Deputy Chairman and Secretary of the precinct election commission shall be elected by secret ballot at the first session from members of the precinct election commission.

If the elected body of local government fails to appoint the precinct election commissions within the time term set by Clause 1 of this Article, or if there is no elective body of local government in the given territory, the precinct election commissions shall be formed by the relevant district election commission.

After registration of a candidate, an electoral association, electoral bloc that nominated the candidate or the candidate himself/herself shall be entitled to appoint one commission member with deliberative vote to each precinct election commission of the single mandate electoral districts where the candidate is registered. On election day a candidate, electoral association, electoral bloc shall be entitled to appoint to the relevant precinct election commission one observer who shall be entitled to stay in the polling station from the beginning of voting till the end of processing the documents on vote returns and obtain certified copies of such documents.

Article 22. Status of an Election Commission Member

A member of election commission with decisive vote shall be obliged to attend all sessions of the commission.

Candidates, their agents, spouses and close relatives of candidates, their subordinates may not be members of the election commissions.

A member of election commission either with decisive or deliberative vote:

    shall be informed about sessions of the relevant election commission in advanced;

    shall be entitled to speak at sessions of the election commission, make proposals in respect of issues within the competence of the relevant election commission and demand voting thereon;

    shall be entitled to ask other participants of the session questions under the agenda and receive reasonable answers to them;

    shall be entitled to get access to any documents and materials of the relevant or subordinate election commission and receive certified copies of such documents.

When the election commission makes a decision, members of the election commission with deliberative vote shall not be entitled to vote.

Members of election commission with decisive vote may be resigned before expiration of his/her term of powers upon a decision of the body who nominated him/her under the following circumstances:

    if a member of election commission submitted an application in writing for resignation;

    when a member of election commission looses citizenship of the Russian Federation;

    when a court indictment in respect of victim of the election commission member has come into legal force;

    when a member of election commission is recognized by a decision of a court of law that has come into force, incapable, restricted in capability, missing or dead.

Members of election commission with decisive vote who are relieved, for the period of preparation and administration of elections, from their main work, shall be remunerated at the expense of the funds allocated for the elections. Within the term of powers they may not be dismissed form the job or transferred to another job without their consent at the initiative of the administration (employer).

Powers of members of the election commission of a legal subject of the Russian Federation, district election commission with deliberative vote, related to preparation and administration of elections of deputies of the legislative (representative) body of state power of the legal subject of the Russian Federation shall last till the end of the registration of candidates at elections of deputies of the legislative (representative) body of state power of the legal subject of the Russian Federation of the following convocation, provided that an electoral association, electoral bloc or a candidate who nominated them got deputy's mandate. Powers of other members of the aforesaid commissions with deliberative vote shall terminate 30 days after the publication of outcome of the election. The term of powers of members of precinct election commissions with deliberative vote shall expire together with the term of powers of such election commissions.

Article 23. Powers of the Election Commission of a Legal Subject of the Russian Federation

The election commission of a legal subject of the Russian Federation during preparation and administration of elections shall, within its powers set by federal laws, laws and other statutory acts of the legislative (representative) body of state power of the legal subject of the Russian Federation:

    exercise control over adherence to the electoral rights of citizens;

    guide the activities of election commissions at elections of deputies of the legislative (representative) body of state power of the legal subject of the Russian Federation;

    exercise control over adherence to the legitimacy during the preparation and administration of elections, ensure uniform application of elections of this Law;

    issue explanations concerning application of this Law, binding upon all subordinate election commissions;

    register electoral blocs;

    provide for equal legal conditions for campaigning activities for all candidates registered at single mandate electoral districts;

    hear reports of bodies of executive power and bodies of local government in respect of issues related to preparation and administration of elections;

    set the form of ballots, lists of vote and other electoral documents;

    approve the samples of seals of the election commissions and the procedure of delivery and storage of electoral documents;

    set the uniform numbering system for electoral districts on the territory of the legal subject of the Russian Federation;

    distribute funds allocated from the budget of the legal subject of the Russian Federation for financial support of the preparation and administration of elections of deputies of the legislative (representative) body of state power of the legal subject of the Russian Federation, support of activities of election commissions for the term of their powers control over targeted use of the above funds;

    control over provision of election commissions with premises, transportation, communication means to and consider other logistical issues of elections;

    consider complaints (applications), about decisions and actions of subordinate election commissions and make reasonable decisions thereon;

    determine the vote returns at elections of deputies of the legislative (representative) body of state power of the legal subject of the Russian Federation as a whole for the legal subject of the Russian Federation and publish them in the press, and ensure submission of the documents related to the preparation and administration of elections to archives;

    complete lists of persons elected deputies and submit the lists and other required documents to the legislative representative body of state power of the legal subject of the Russian Federation;

    arrange elections of deputies to replace the withdrawn candidates as well as repeat elections of deputies;

    exercise other powers in complaints with federal laws and this Law.

Decisions of the election commission of a legal subject of the Russian Federation shall be officially published in ______.

The election commission of a legal subject of the Russian Federation shall be a legal entity and act on a permanent basis.

Article 24. Powers of the District Election Commission

The district election commission shall:

    exercise control over adherence to this Law in the territory of the electoral districts;

    coordinate activities of precinct election commissions, adjudicate complaints, (applications) about decisions and actions of the commissions and make reasonable decisions thereon;

    register candidates for deputy and their agents, issue certificates of a standard form to them;

    ensure equal conditions for campaigning activities for all candidates for deputy;

    dispose monetary funds allocated for the preparation and administration of elections at the electoral district, distribute part of the funds between the precinct election commissions, provide control over targeted use of the funds;

    approve the text of the ballots for the single mandate electoral districts, ensures production of ballots and their delivery to precinct election commissions;

    establish and make public voting returns and election outcome at the single mandate electoral district;

    control over provision of precinct election commissions with premises, transport, communications means and consider other issues related to logistical support of elections;

    arrange elections of deputies to replace those withdrawn and repeat elections of deputies;

    exercise other powers in compliance with this Law.

The district election commission shall act until a new district election commission is formed.

Article 25. Powers of the Precinct Election Commission

The precinct election commission shall:

    inform the population about the address and telephone number of the precinct election commission, working hours and the voting day and place;

    complete the voter list of the electoral precinct;

    display the voter list to voters, consider applications about mistakes and inaccuracies in the voter lists and settle the issue concerning the introduction of the relevant changes in the list;

    ensure preparation of polling stations, production of ballot boxes and other equipment;

    control over adherence to the rules regulating the displaying of campaign propaganda materials in the territory of the electoral precinct;

    organize voting on election day and earlier voting;

    count votes, determine vote returns at the electoral precinct;

    consider complaints (applications) about violations of this Law and make reasonable decisions thereon;

    exercise other powers in compliance with this Law.

The term of powers of the precinct election commission shall expire after the official publication of general outcome of the election including the election results at the relevant electoral district.

Article 26. Publicity in the Activities of Election Commissions

The activities of election commissions shall be open and public. Candidates and their agents, authorized representatives of electoral associations, electoral blocs and representatives of mass media shall be entitled to attend sessions of election commissions.

Election commissions shall make public the results of candidates registration, their biography and vote returns of each candidate.

Decisions of election commissions shall be published in the press and sent to other mass media.

Article 27. Organization of Election Commissions' Activities

Election commissions shall exercise their activities on a collective decision (collegial) basis. Sessions of election commissions shall be deemed valid if a majority of commission members with decisive vote attend it.

Decisions of election commissions concerning election of Chairman, Deputy Chairman and Secretary of the election commission, registration of candidates, cancellation of candidates' registration, issues of financial support of the preparation and administration of elections, on determining of vote returns and election outcome recognizing the election as not having taken place or invalid shall be made at sessions of election commissions by a vote majority of the total number of the members of the commission with decisive vote. Decisions of election commissions concerning other issues shall be made by a vote majority of the number of commission members with decisive vote attending the session. Decisions of election commissions shall be signed by Chairman and Secretary of the election commission.

Members of election commission who disagree with a decision made by the election commission shall be entitled to express their special opinion in writing that shall be reported by the Chairman of the election commission to a higher election commission not later than within 3 days and immediately if expressed 3 days prior to election day on election day.

A decision of the election commission in conflict with federal laws, laws and other statutory acts of the legislative (representative) body of state power of the legal subject of the Russian Federation or made by the election commission in excess of its powers shall be canceled by a higher election commission or the court.

Sessions of the election commission shall be convened and held by the Chairman and on his/her behalf by the Deputy Chairman of the election commission. Session shall be held on demand by at least 1/3 of the members of election commission with decisive vote.

Representatives of parties concerned shall be entitled to attend the sessions of election commission during adjudication of complaints (applications).

Members of election commissions with decisive vote shall be remunerated within the limits of the budget funds allocated to the election commission in the procedure and at the amount determined by the election commission of the legal subject of the Russian Federation.

Article 28. Assistance in Activities of Election Commissions

State bodies, bodies of local government, public associations, enterprises, establishments, organizations and their officials shall be obliged to assists election commissions in implementation of their powers inter alia in respect to provision of required premises, transport, communications means, technical equipment and provide data, information and materials, provide opportunities to place printed information of election commissions in the procedure set by federal laws and this Law.

State bodies of local government, public associations, enterprises, establishments, organizations and their officials shall be obliged to provide responses to applications of election commissions within 5 days and immediately, if submitted 5 days prior to election day or on election day.

Article 29. Appealing Decisions and Actions of Election Commissions

Decisions and actions (inaction) of the election commission of the legal subject of the Russian Federation and its officials may be appealed in the court of the legal subject of the Russian Federation.

Decisions and actions (inaction) of district and precinct election commissions and their officials may be appealed in a higher election commission or a court.

An application to a higher election commission shall not constitute a prerequisite for appealing to the court.

Decisions concerning complaints (applications) submitted during elections shall be made within 5 days and not later than election day, if submitted 5 days prior to election day or on election day. If the facts contained in complaints (applications) require additional review, decisions thereon shall be made not later than within 10 days.

A higher election commission shall be entitled to make an independent decision concerning the complaint (application), canceling the decision of a subordinate commission.

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