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Chapter 3. Election Commissions
Article 12. Types of Election Commissions
To organize and hold the elections to the State Duma the following election commissions shall be formed:
a) the Central Election Commission of the Russian Federation (hereafter the Central Election Commission);
b) constituency election commissions for the elections to the State Duma;
c) district election commissions.
Article 13. The Procedure of Forming the Central Election Commission
1. The Central Election Commission shall comprise a Chairman and twenty members of the commission and shall be formed no later than 70 days before the election of deputies to the State Duma.
2. The Chairman of the Central Election Commission shall be nominated by the President of the Russian Federation.
3. The Deputy Chairman and members of the Central Election Commission shall be approved by the President of the Russian Federation upon submission by the Chairman or the Сentral Election Commission.
4. Ten members of the Central Election Commission shall be appointed by the President of the Russian Federation from among candidates put forward by the members of the Russian Federation in the person of their legislative (representative) bodies of power.
5. Ten members of the Central Election Commission shall be appointed by the President of the Russian Federation from among candidates put forward by the heads of executive power of the members of the Russian Federation.
6. The Chairman and members of the Central Election Commission shall have a higher legal education or a degree in the area of law.
7. The Secretary - head of the apparatus - of the Central Election Commission shall be appointed by the Chairman of the Central Election Commission
8. Each election association that has registered its list in the federal constituency shall be entitled to appoint one member of the Central Election Commission with deliberative voting rights.
Article 14. The Procedure for Forming Constituency Election Commissions
1. A constituency election commission for the election of deputies to the State Duma shall be formed in each State Duma election constituency.
2. A constituency election commission for the election of deputies to the State Duma shall be formed by the Central Election Commission no later than 50 days before the holding of the election of deputies to the State Duma and shall consist of the chairman and 12 to 18 members from among the candidates put forward by the representative and executive bodies of the respective Federation members, with half the election commission members to be appointed from among the candidates proposed by the heads of executive power of the members of the Russian Federation and the other half from among the persons proposed by the respective bodies of representative power. The commissions' chairmen shall be appointed by the Central Election Commission.
3. If the representative and executive authorities of the Russian Federation member have not nominated candidates to the relevant constituency election commission by the deadline set, the Central Election Commission shall make the nominations on the proposal of the political parties and other public political movements of a given constituency within five days.
4. The chairman of an election commission shall have a higher legal education or a scientific degree in the areа of law.
5. Each election association that has registered its list in the federal constituency, and each candidate for deputy in the respective one-mandate constituency shall be entitled to appoint one member of the constituency election commission with deliberative voting rights.
Article 15. The Procedure for Forming District Election Commissions
1. District election commissions shall be formed no later than 40 days before the elections to the State Duma and the Federation Council of a new convocation and shall consist or the chairman of the commission and 6 to 16 members of the commission. The membership of the commission shall be determined by area bodies of representative power (in autonomous areas without a district division) and by region, city and city district representative bodies of local self-government, with half the members of the election commissions to be elected by bodies of representative power or local self-government, and the other half to be appointed by the heads of the respective administrations. The chairman of the commissions shall be elected by the appropriate body of representative power or local self-government based on the proposal of the head of the administration. Should the chairman's election fail to take place within the specified time, he shall be appointed by the appropriate constituency commission for the elections to the State Duma.
2. If the authorized representative and executive bodies have failed to nominate candidates by the deadline set, the corresponding constituency election commission shall make the nominations on the proposal of the political parties and other public political movements of a given constituency within five days.
3. Each election association that has registered its list in the federal election constituency and each candidate for deputy in the respective one-mandate constituency shall be entitled to one member of the district election commission with deliberative voting rights.
4. In addition, on election day the election associations and the candidates for deputies shall be entitled to send to the appropriate election commission up to five observers from each association or candidate said observers shall be entitled to be present till the completion of the vote count in the district election commission.
Article 16.The Status of a Member of an Election Commission.
1. The chairman and the members of the appropriate election commissions appointed by the bodies of state power shall be entitled to a decisive vote in the adoption of decisions by the election commissions and shall be obliged to attend aII the sessions of the election commissions.
2. The representatives of candidates for deputies and election associations shall have deliberative voting rights.
3. The members of the commission with decisive and deliberative voting rights shall:
be informed in good time of session of the appropriate election commission and attend them;
be entitled to speak at session of the appropriate election commission, put forward proposals on matters coming within the competence of the appropriate election commission and demand the holding of a vote on them;
be entitled to ask other commission members questions relating to the agenda and receive substantive answers to their questions;
be entitled to acquaint themselves with any documents and materials of the appropriate election commission.
Article 17. The Powers of the Central Election Commission
1. The Central Election Commission shall:
a)give explanations of the procedure for applying the present Regulations and ensure their uniform execution;
b) guide the work of the constituency election commissions;
c) examine applications and complaints against decisions and actions by constituency election commissions and take decisions on them;
d) in cases specified In the present Regulations, issue instructions and other acts on questions relating to the organization of the elections;
e) register the lists of candidates for the State Duma nominated by election associations in the federal constituency and of the authorized representatives of these election associations and issue the above-mentioned candidates and authorized representatives certificates of an established type;
f) ensure the observance of equal legal conditions of pre-election activity for all the election associations that have registered their federal lists of candidates;
g) exercise supervision over the legality of the holding of the elections to the State Duma;
h) on the basis of data submitted by the Ministry of Foreign Affairs of the Russian Federation, decide matters concerning the registration of voters who are outside the territory of the Russian Federation with constituencies that exist on the territory of the Russian Federation;
i) decide oh the forms of ballots, voter lists and other election documents and the procedure of their storage, and approve the text of the ballot for voting in the federal constituency for the elections to the State Duma and the model of election;
j) distribute funds allocated from the state budget of the Russian Federation for financial support for the elections and supervise their purposeful use;
k) examine the questions of material and technical supplies for the preparation and holding of the vote;
l) establish the voting results in the Russian Federation as a whole and publish them in the press, ensure the transfer or the documents associated with the holding and organization of the elections to the archives;
m) establish who has been elected as deputies to the State Duma in the federal constituency and issue them certificates of elections;
n) draw up lists of people elected as deputies to the State Duma and hand them over, along with the documentation necessary for verifying the powers of the deputies, to the credentials committee of the State Duma;
o) organize repeat elections of deputies to the State Duma;
p) perform any other functions in accordance with the present Regulations.
2. The decisions adopted by the Central Election Commission within its competence shall be binding on the state bodies, public associations, enterprises, institutions and officials who must give it assistance and provide information and materials required for its work.
3. The Central Election Commission shall work till the formation of a new Central Election Commission, in accordance with the Law on Elections to the Federal Assembly.
4. Regulations on the Central Election Commission shall be approved by the President of the Russian Federation.
Article 18. The Powers of a Constituency Election Commission
1. The constituency election commission for the elections to the State Duma shall:
a)supervise compliance with the present Regulations within their respective constituencies;
b) guide the work of the district election commissions, consider applications and complaints against decisions and action of these commissions and act upon them;
c) register the candidates for deputies and their authorized representatives and issue them certificate of the established form;
d) the observance of equal legal conditions of pre-election activity for all candidates for deputies;
e) dispose of the monetary and material resources allocated by the Central Election Commission for the organization and holding of the elections in the constituency;
f) establish the election results in the constituency and hand them over to the Central Election Commission and ensure the transfer of the documentation related to the holding and organization of the elections to the archives;
g) approve the text of the ballots for voting in one- and two-mandate constituencies and ensure that ballots are made and supplied to the district commissions;
h) supervise the provision to district commissions of promises, transport, communications and consider other logistical matters relating to the elections;
i) perform any other functions in accordance with the present Regulations.
2. Constituency election commissions shall work till the expiry of the powers of the Central Election Commission.
Article 19.The Powers of a District Election Commission.
1. The district election commission shall:
a)organize the compilation of the additional voter list in the district;
b) supervise the acquaintance of voters with the voter list, accept and consider applications on errors and irregularities in the voter lists and decide matters on introducing the appropriate modifications into it;
c) notify the population of the day of the elect lone and the polling place;
d) supervise the placement of election canvassing materials in the order and amounts specified In the present Regulations;
e) ensure the preparation of the premises for voting; the ballot boxes, and other election equipment;
d) organize voting in its voting district on election day;
e) carry out the vote count, determine the voting results
in the district and ensure the transfer of the documentation
related to the holding and organization of the elections into the archives;
f) consider applications and complaints with respect to .he preparation of the elections end organization of the voting and make decisions on them;
g) perform any other functions in accordance with this Regulation
2. The powers or a district election commission shall be terminated the moment when it submits all election documents.
Article 20.The Organization of the Work of the Election Commission
1. A meeting of the election Commission shall be valid if it is attended by no fewer than half of the commission members with voting right and also by the chairman of the commission or his deputy.
2. The deputy chairman and the secretary of the election commission shall be elected at the first meeting of the commission from among its members with decisive vote.
3. Meetings of the election commission shall be called and held by the chairman or, on his instructions, by the deputy chairman of the commission. A meeting shall be also held at the request no less than one-third of the commission members.
4. Decisions of the election commission shall be passed by the majority of the voting members of the commission present at the meeting.
5. Instructions and other decisions of the Central Election Commission that have a regulatory character shall be adopted by the majority of the votes of the total number of voting members of the commission. The regulatory decisions of the Central Election Commission shall be subject to publication.
6. The chairman, deputy chairman and secretary of the Central Election Commission shall work in the commission on a full-time basis. Other voting members of the Central Election Commission may work on a permanent or temporary basis, taking a leaye from their regular place of employment.
7. By decision of constituency election commissions, which shall be due for approval by the Central Election Commission, the chairman and some members of a constituency or district commission may perform their responsibilities in the commission on a permanent or temporary basis, taking a leave from their regular plane of employment.
8. Remuneration shall be made within the budgetary allocations for the maintenance of the corresponding commission.
9. Thе estimate of expenses connected with the activities оf the Central Election Commission shall be included in the Republican Budget of the Russian Federation as an individual item.
10. Meetings of the Central and Constituency Election Commissions may be attended by the representatives of the mass media who are accredited to them. Meetings of the district election commissions may be attended by representatives of any mass media.
11. During the examination of complaints the representatives of the parties concerned may attend meetings of election commissions.
12. The minutes (protocols) or the election commission shall be signed by the person presiding over the appropriate meeting and by the commission secretary.
13. All state bodies, bodies of local self-government and their officials shall be obliged to render the election commissions necessary assistance for the proper fulfillment of their tasks.
Article 21. Appealing Decisions and Actions of Election Commissions.
1. The decisions and actions of the Central Election Commission carried out in violation of the present Regulations may be appealed in the Supreme Court of the Russian Federation in the manner specified by federal law.
2. The decisions and actions of constituency and district election commission carried out in violation of the present Regulations may be appealed at the higher election commission or in a court of justice in the manner specified in law. A preliminary application to the higher election commission shall not be required for application to a court of justice.
3. Тhe Central Election Commission and constituency election commissions shall examine complaints within their terms of reference about the decisions and actions of lower election commission and shall be obliged to answer them within a five-day period, and, on election day, immediately.
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