Resolution «On the Clarification of Some Issues Concerning Compilation by Territory and Precinct Election Commissions of Voters Lists for the Conduct of the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation of the Third Convocation and the Procedure for Working with Voters Lists»
CENTRAL ELECTION COMMISSION OF THE RUSSIAN FEDERATION
October 29, 1999
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No.32/406-3
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In accordance with Articles 15, 16, 17 and 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 resolves:
1. To approve the «Clarification of Some Issues Concerning Compilation by Territory and Precinct Election Commissions of Voters Lists for the Conduct of Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation of the Third Convocation and the Procedure for Working with Voters Lists» (attached hereto).
2. To instruct the election commissions of the Subjects of the Russian Federation, district election commissions to exercise control over compilation by territorial and precinct election commissions of voters lists for the conduct of the election of deputies of the State Duma of the Federal Assembly of the Russian Federation of the third convocation and over compliance with the procedure for working with voters lists as provided by this Clarification.
3. To publish this Resolution in the Bulletin of the Central Election Commission of the Russian Federation .
A.A. Veshnyakov
Chairman
Central Election Commission of the Russian Federation
O.K. Zastrozhnaya
Secretary
Central Election Commission of the Russian Federation
APPROVED
Resolution
of the Central Election Commission
of the Russian Federation
No.32/408-3 of October 29, 1999
CLARIFICATION
of Some Issues Concerning Compilation by Territory and Precinct Election Commissions of Voters Lists for the Conduct of the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation of the Third Convocation and the Procedure for Working with Voters Lists
1. Compilation of Voter Lists
1.1. The procedures for compilation of voter lists by territorial and precinct election commissions are regulated by Article 15 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation « (hereinafter «the Federal Law»).
1.2. Voter lists shall be compiled not later than November 22, 1999 separately for each electoral precinct by the territorial election commission on the basis of voter data furnished by the head of a municipal unit (if the charter of a municipal unit does not provide for this office, by a person authorized to do so by the representative body of local self-government), the commanding officer of a military unit, the head of an institution where voters are temporarily staying.
If the municipal unit has neither a head of the municipal unit nor a representative body of local self-government, or if the representative body of local self-government did not appoint a person authorized to accomplish electoral actions, the voter data shall be furnished to the territorial election commission by the head of the executive body of the state power of the Subject of the Russian Federation, or by other officials on his/her request..
1.3. The head of a municipal unit (if the charter of a municipal unit does not provide for this office, a person authorized to do so by the representative body of local self-government) shall transfer the data of registered voters in a machine-readable form to the system administrator of the territorial information service of the State Automated System of the Russian Federation «Vybory» (GAS «Vybory»), and, if there is no such service in the office of the head of the municipal unit, to the system administrator of GAS «Vybory».
1.4. If an electoral precinct is not to be established in the territory of the military unit, the commander of the military unit located in the territory of the municipal unit shall furnish data of the registered voters-servicemen, members of their families and other voters residing within the territory of the military unit on paper or in a machine-readable form to the member of the territorial election commission representing the military unit or any other member of the territorial election commission cleared for working with documents which contain data of voters-servicemen.
1.5. The said member of the territorial election commission shall transfer the data of voters-servicemen and members of their families to the system administrator of the territorial information service of GAS «Vybory» and shall exercise control over the observance of the procedures established for handling the documents which contain data of servicemen. The data of voters-servicemen shall not be included in the data base of the territorial information service of GAS «Vybory» in accordance with the Regulation on the State Registry of Voters, Referendum Participants of the Russian Federation.
The voter list for an electoral precinct formed in a hard-to-reach or remote area, in the territory of a military unit, in places of temporary stay of voters, on a ship at sea on voting day, at a polar station or outside the territory of the Russian Federation shall be compiled by the precinct election commission in accordance with the requirements of Clauses 3 - 6 of Article 15 of the Federal Law.
1.6. The voter list shall be made up of the front page and loose leaves the format of which is established by the Resolution of the Central Election Commission of the Russian Federation No.13/91-3 of September 10, 1999.
The front page shall indicate the name of the election, the date of the election, the number of the electoral precinct, the address of the precinct election commission, the name and number of the single-mandate electoral district, and the number of the copy of the voter list.
The loose leaf shall indicate the number of the electoral precinct, the number of the page, and the number of the voter list book.
If the election of the deputies of the State Duma is held concurrently with the election of the bodies of state power of the Subject of the Russian Federation and bodies of local self-government, the voter list can be compiled according to another form agreed with the CEC of Russia.
1.7. Voter lists shall be printed with the use of technical facilities of the territorial information service of GAS «Vybory». In exceptional cases voter lists may be type- or hand-written. Voter data shall be written legibly and clearly. No pencil marks are allowed.
1.8. The voter list shall be made up in an alphabetical or some other order (by villages, streets, houses). The part of the voter list that contains data of voters-servicemen and members of their families shall be made up on loose leaves and shall be transferred to the member of the territorial election commission representing the military unit.
1.9. The voter list compiled in accordance with Para. 1.2 of this Clarification shall be made up in two copies one of which being in an electronic format. The first copy of the voter list on a paper medium shall be handed over to an appropriate precinct election commission on the basis of a transfer act (the form of the act is given in Annex 1 of this Clarification) The last loose leaf of the voter list shall bear the signatures of the chairman and the secretary of a territorial election commission and the seal of this territorial commission. The voter list for the electoral precinct formed in accordance with Clauses 4-6 of Article 14 of the Federal Law shall be signed by the chairman and the secretary of the precinct election commission and certified by the commission's seal.
The part of the voter list that contains data of voters-servicemen shall be transferred by the member of the territorial election commission representing the military unit or by any other member of the territorial election commission cleared for working with the documents which contain data of voters-servicemen to the member of a precinct election commission representing the military unit or any other member of the precinct election commission who is cleared for working with the documents which contain data of voters-servicemen and who shall work with this part of the voter list in the procedure established by this Clarification.
After the data of voters on the voter list, including those voters who were put on the list additionally not later than the day preceding voting day has been checked and corrected, the chairman and the secretary of the precinct election commission shall put their signatures to and affix the seal of the precinct election commission to the last loose leaf
The electronic version of the second copy of the voter list shall be stored by the territorial election commission in the software-hardware complexes of GAS «Vybory.» The access to this electronic version shall be strictly limited. The chairman of the territorial election commission and the operators of GAS «Vybory» shall be responsible for its security.
1.10. The persons furnishing voter data and participating in the compilation of voter lists shall be responsible for the accuracy and completeness of the appropriate data, its timely submission, and non-disclosure of information which constitutes a state secret.
2. Procedure for Inclusion in Voter Lists of Russian Federation Citizens Who Are Eligible to Vote
2.1. The procedure for inclusion in the voter lists of Russian Federation citizens who are eligible to vote is regulated by Article 16 of the Federal Law.
2.2. A citizen shall be included in the voter list in a certain electoral precinct on the basis of his/her permanent or current residence in the territory of the given electoral precinct as established by the Russian Federation Law «On the Right of the Citizens of the Russian Federation to the Freedom of Movement, Choice of the Place of Stay or Residence within the Russian Federation».
2.3. The fact of permanent or current residence of a citizen in the territory of the given electoral precinct within the Russian Federation shall be established from his/her registration with the bodies in charge of registration of citizens at the place of their residence in the given territory.
2.4. The rules for registration of a Russian Federation citizen at the place of stay or residence within the Russian Federation and for canceling the registration approved by the Resolution of the Government of the Russian Federation No.713 of July 17, 1995 as amended by the Resolution of the Government of the Russian Federation No.512 of April 28, 1996 and No.172 of February 14, 1997, establish that:
a citizen shall be obliged to get registered at the place of residence within the Russian Federation with the registration bodies;
the place of residence shall be a place where a citizen lives permanently or currently as an owner, under tenancy (sub-tenancy) agreement, lease agreement, or on other grounds stipulated by the Federal legislation - a dwelling house, an apartment, combined office-dwelling premises, specialized houses (hostel, asylum, house of the reserve housing fund, special house for single and elderly people, boarding houses for invalids, veterans, etc.), or other residential premises;
registration bodies in cities, villages, closed military garrisons and in populated centers located in the border zone or in closed administrative territorial units in which there are internal-affairs bodies shall be internal-affairs bodies (passport and visa services), in other populated areas - bodies of local self-government;
when a citizen is registered at the place of his/her residence by the registration body, an appropriate entry shall be made in his/her passport. A citizen who is registered on the basis of other identity papers shall be issued with a certificate of registration at the place of residence..
2.5. Full-time students and post graduates who reside in hostels shall be included in the voter lists where their hostel is located..
2.6. Citizens of the Russian Federation who have been granted the status of forced migrants or have applied to the Federal Migration Service of Russia or its territorial agencies for the status of forced migrants shall be included in the voter list at the place of their temporary residence on the basis of a passport or an equivalent identity paper and appropriate documents issued by the Federal Migration Service of Russia or its territorial agency. In the column «Special Notes» of a forced migrant's certificate or on the certificate of registration of the application for the status of a forced migrant the chairman or the secretary of the precinct election commission shall make a note «Included in the voter list», date and sign the note and affix the seal of the precinct election commission.
2.7. Voters staying on voting day in hospitals, sanatoria, rest homes, other places of temporary stay shall be included in the voter list on the basis of a passport, an equivalent identity paper and an absentee certificate for voting in the election of deputies of the State Duma of the Federal Assembly of the Russian Federation of the third convocation.
2.8. The following persons shall be included in the voter lists additionally:
voters who settled down in the territory of an electoral precinct after the voter list had been made available to voters for inspection as well as voters who were not included in the voter list for any other reason - on the basis of a passport or an equivalent identity paper and, if necessary, a document confirming their permanent or current residence in the territory of the given electoral precinct;
citizens of the Russian Federation who are eligible to vote and are staying in foreign states at private invitations, on official business and as tourists, when they come to the premises of a precinct election commission - upon production of a passport or an equivalent identity paper and an absentee certificate for voting in the election of deputies of the State Duma of the Federal Assembly of the Russian Federation of the third convocation.
2.9. The documents which can serve as equivalent identity papers shall be: a soldier's or an officer's identity card for servicemen; certificates of the established form, including a temporary identity card of a citizen of the Russian Federation of Form 2P approved by Order of the Minister of Internal Affairs of the Russian Federation No.605 of September 15, 1997 (the form of the identity card is shown in Annex 2 to this Clarification), which are issued by internal-affairs bodies; a foreign passport of a citizen of the Russian Federation for persons who reside permanently or stay outside the territory of the Russian Federation; a sailor's passport.
3. Procedures for Examination of Voter Lists by Voters, Amendment and Correction of Voter Lists and Exclusion of Citizens from Voter Lists
3.1. Not later than November 29, 1999 voter lists shall be made available by precinct election commissions to voters for examination and additional correction. At such time, it shall not be allowed to hand the whole voter list or parts thereof to voters.
Examination of voter lists shall be organized by members of the precinct election commission with the observance of requirements ensuring confidentiality and security of voter lists.
3.2. A citizen of the Russian Federation eligible to vote has the right to state to a precinct election commission that he/she has not been put on the voter list and inform the commission about any error or inaccuracy therein. Within 24 hours, and, on voting day, within two hours after this statement is made and not later than the end of voting, the precinct election commission shall check the statement and the submitted documents and shall either remove the error and inaccuracy or give the voter a written answer indicating the reasons why the statement was rejected.
3.3. The decision of a precinct election commission to include or not to include a citizen in the voter list may be appealed in a higher election commission or in a court at the place where the precinct election commission is located, and these bodies must consider the complaint (statement) within three days or immediately, if the complaint is filed within three days prior to or on voting day. In the event of a decision in favor of the applicant, the precinct election commission shall immediately make the necessary correction in the voter list.
3.4. After the voter list is made available for examination, at least once a week the precinct election commission independently or through the territorial election commission shall obtain the following information:
from the bodies responsible for voter registration, institutions where voters temporarily stay, temporary settlement places or centers of the Federal Migration Service of Russia for primary reception of forced migrants, consular or diplomatic missions (outside the territory of the Russian Federation) - information about the arrival and departure of citizens;
from the military commissariats - information about citizens who left for the place of military service, including service under contract;
from the registry offices - information about registration of civil acts;
from the courts and trusteeship authorities (bodies of local self-government) - information about effective dates of court decisions pronouncing citizens legally incapacitated.
The voter lists shall be corrected as required on the basis of the obtained information
3.5. The precinct election commission shall correct the voter list in accordance with the following procedures.
3.5.1. Upon receipt from the territorial election commission of a certified excerpt from the register of issued absentee certificates, which contains data about the voters who received absentee certificates from the territorial election commission, a member of the precinct election commission shall make a note «Absentee certificate issued by the territorial election commission» in the vacant columns of the voter list against voter names included in the certified excerpt, write the number of the absentee certificate and time of its issuance, date and sign the note.
3.5.2. If a voter has left the place of his/her permanent or current residence, a note «Moved out» shall be made in the vacant columns of the loose leaf against the voter name on the basis of the appropriate documents and the reason for the voter's departure shall be indicated; the note shall be dated and signed by the chairman of the precinct election commission.
3.5.3. If there have been changes in the voter data, the voter shall remain in the voter list under the initial number. Accurate voter data shall be entered additionally in the voter list under the same number and a note «Voter data changed» shall be made against the initial entry of the voter data in vacant columns of the loose leaf; the note shall be dated and signed by the chairman of the precinct election commission.
3.5.4. If the voter produces an absentee certificate for voting in the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation of the third convocation, accurate data of this voter shall be entered additionally in the voter list, the number of the absentee certificate shall be entered in the column «Special Notes» and the entry shall be signed by a member of the election commission.
3.5.5. When issuing to voters an absentee certificate for voting at the election of deputies of the State Duma of the Federal Assembly of the Russian Federation of the third convocation, the member of the precinct election commission who issued the absentee certificate shall write the words «Absentee certificate issued» across the voter list columns «Series and Number of Passport or Equivalent Identity Paper», «Voter's Signature,» enter the number of the absentee certificate and the date of its issuance and sign this note. Having received an absentee certificate, the voter shall write the date when the absentee certificate was issued and sign for its receipt in the column «Special Notes.»
3.6. The voter list shall have consecutive numbering with the exception of the cases stipulated in Para. 3.5 of this Clarification. All entries in the voter lists shall be clear and legible. No pencil marks shall be allowed.
3.7. After the voter list has been checked and corrected, but not later than December 18, 1999, the chairman and the secretary of the precinct election commission shall put their signatures on and affix the seal of the precinct election commission to the last filled-out loose leaf of the voter list.
3.8. No changes to the voter list shall be made after the end of voting and start of vote counting.
4. Working with Voter Lists
4.1. The first copy of the voter list compiled in accordance with Para. 1.2 of this Clarification shall be handed over to a precinct election commission on the basis of a transfer act, together with additional blank loose leaves. The number of loose leaves shall be determined jointly by the territorial and the precinct election commission.
4.2. If the voter list is compiled and produced by a precinct election commission, the number of the blank loose leaves shall be determined by the precinct election commission.
4.3. During the period when voter lists are available to voters for examination but not later than the day preceding voting day, additional loose leaves shall be used by a precinct election commission for:
entering corrected accurate voter data in the voter list;
entering data of voters who are to be included in the voter list additionally.
The first entry on the first additional loose leaf shall be numbered so as to continue the numbering on the last leaf of the last book of the main voter list, with the exception of cases indicated in Section 3 of these Clarifications.
4.4 On the day preceding voting day additional loose leaves shall be bound, the last additional loose leaf shall be signed by the chairman and the secretary of the precinct election commission and stamped with the seal of this precinct election commission. Additional loose leaves shall be attached to the last book of the voter list.
From this time and until the start of voting, the voter list shall be kept in the safe of the precinct election commission. No unauthorized persons shall be allowed access to the voter list.
4.5. On voting day, the chairman of the precinct election commission shall take the voter list books out of the safe of the precinct election commission, inspect them visually to make sure that they are intact and hand them out to the members of the precinct election commission who issue ballots to the voters.
4.6. Data of voters who are included in the voter list on voting day shall be entered in blank additional loose leaves by a member of the precinct election commission. The numbering of the entries on the additional loose leaves shall continue the numbering of the voter list that was certified the day before.
4.7. After the end of voting, additional loose leaves with the data of voters who were additionally included in the voter list on voting day shall be bound and attached to the last book of the voter list.
4.8. Before the start of vote count in accordance with Article 77 of the Federal Law, a voting member (voting members) of the precinct election commission shall enter the appropriate numerical data in the seven lines located at the bottom of each page of the loose leaf of the voter list, including additional loose leaves, and shall sign each page of the loose leaves, including the last filled-out additional loose leaf of the voter list. Then he/she shall sum up this data for the whole book, announce the data and report it to the chairman, or the deputy chairman, or the secretary of the precinct election commission. The chairman, or the deputy chairman, or the secretary of the precinct election commission shall personally enter the totals into the vacant space on the last additional filled-out loose leaf of the voter list, sigh the leaf and affix the seal of the precinct election commission.
After that, the voter list shall be made available for examination to the persons indicated in Clause 5 of Article 29 of the Federal Law
Annex 1
to the Clarification of Some Issues Concerning Compilation by Territory and Precinct Election Commissions of Voters Lists for the Conduct of the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation of the Third Convocation and the Procedure for Working with Voters Lists
Election of the Deputies of the State Duma of the Federal Assembly of the Russian Federation of the Third Convocation
December 19, 1999
ACT
Certifying Transfer of Voter Lists for the Conduct of the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation of the Third Convocation1
_______________________________________________
(Name of the territorial election commission)
has transferred to the precinct election commission of electoral precinct No.____ the first copy of the voter list for the conduct of the election of deputies of the State Duma of the Federal Assembly of the Russian Federation of the third convocation. The copy consists of ______ sheets.
____ November 1999
Chairman of the territorial election commission
__________________________________
Signature
__________________________________
Initials and Surname
Chairman of the precinct election commission
__________________________________
Signature
__________________________________
Initials and Surname
Annex 2
to the Clarification of Some Issues Concerning Compilation by Territory and Precinct Election Commissions of Voters Lists for the Conduct of the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation of the Third Convocation and the Procedure for Working with Voters Lists
Form No.2П
Form No.2П
Inside
Size 176 x 125 mm. Printed on punch card paper
Translation Provided by IFES Moscow
1 The Act shall be drawn up in duplicate, with one copy to be kept by the territorial election commission, the other by the precinct election commission.
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