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4. Operation of the Election Commission of the Subject of the Russian Federation 4.1. Counting of Absentee Certificates and Ballots
1. On voting day, before the beginning of voting, the voting members of the election commission of the Subject of the Russian Federation shall count the unused absentee certificates kept in the election commission of the Subject of the Russian Federation and shall draw up a record to certify their quantity.
It must be borne in mind that under the provisions of Clause 8, Article 64 of the Federal Law unused absentee certificates together with detachable coupons, which are kept in the election commission of the Subject of the Russian Federation are to be cancelled by the election commission of the Subject of the Russian Federation if the President of the Russian Federation has been elected as a result of the general elections or if the general elections of the President of the Russian Federation have been declared not to have taken place or null and void, on the third day after official publication of the results of the general elections or on the day of repeat voting, before voting time begins. As a rule, absentee certificates with detachable coupons shall be cancelled by cutting the top left-hand corner of the absentee certificate, taking care not to damage its number. After that, the election commission of the Subject of the Russian Federation shall draw up a record to certify cancellation of unused absentee certificates.
2. After the end of voting time (after 20:00, local time), the voting members of the election commission of the Subject of the Russian Federation shall cancel the ballots kept in the election commission of the Subject of the Russian Federation and shall draw up a record to this effect. Cancellation of ballots may be observed by members and representative of the CEC of Russia, registered candidates, their agents and authorized representatives for financial matters, media representatives, observers, foreign (international) observers.
3. After drawing up a record of re-counting of unused absentee certificates and a record of cancellation of unused absentee certificates kept in the election commission of the Subject of the Russian Federation the chairman, the deputy chairman or the secretary of the election commission of the Subject of the Russian Federation shall, without delay, pass on this information to the system administrator who shall enter it into the SAS «Vybory» (task «Records») and transmit it to the CEC of Russia. The procedure for transmission of the information is set forth in the Provisional Rules.
4. To keep track of movement of the blanks of absentee certificates and ballots received from the printing shop the chairman of the election commission of the Subject of the Russian Federation together with the supervisory group shall make arrangements for issuing these blanks to territorial election commissions on the basis of appropriate records. The system administrator of the CAF of the election commission of the Subject of the Russian Federation shall enter the data concerning movement of the blanks of electoral documents into the SAS «Vybory» (task «Records») in a procedure established by the Provisional Rules and, after the election commission of the Subject of the Russian Federation signs its protocol of voting returns, shall, with the concurrence of the chairman of the election commission of the Subject of the Russian Federation, transmit this data to the CAF of the Central Election Commission of the Russian Federation.
4.2. Summation by the Election Commission of the Subject of the Russian Federation of the Information Concerning the Opening of Voting Premises and Progress of Voting
On voting day, information about the opening of voting premises of electoral precincts and voter turnout shall be transmitted from the territorial election commissions to the election commission of the Subject of the Russian Federation via the telecommunications system of the SAS «Vybory» . After this information has been summarized the system administrator of the CAF of the election commission of the Subject of the Russian Federation shall, without delay, transmit this information in the presence of a supervisory group member to the Central Election Commission of the Russian Federation using the tasks «Opening of Polling Stations» and «Progress of Elections.» The relevant procedure is set forth in the Provisional Rules.
4.3. Fitting out of the Premises of the Election Commission of the Subject of the Russian Federation
1. As a rule, an enlarged form the protocol of voting returns where voting returns are entered as they come in or a computer printout with current results shall be conspicuously posted up at the premises where the voting returns are tabulated.
2. The enlarged form of the protocol of voting returns and the computer printout with the current data do not replace the protocol of the election commission of the Subject of the Russian Federation and the data entered in the enlarged form of the protocol as well as the computer printout has no legal significance.
3. Along with the enlarged form of the protocol use may be made of preliminary data received via the SAS «Vybory» although this data, too, does not replace the protocol and has no legal significance.
4.4. Tabulation of Voting Returns in the Territory of the Subject of the Russian Federation
1. Based on the data of the first copies of the protocols of voting returns of the territorial election commissions the election commission of the Subject of the Russian Federation, after making sure that the protocols are completed correctly, shall tabulate the voting returns in the territory of the given Subject of the Russian Federation by summing up the data contained in the protocols. Summation of the data contained in the protocols of voting returns of the territorial election commissions shall be carried out by the voting members of the election commission of the Subject of the Russian Federation.
Having assessed violations of the federal election laws in some electoral precinct (precincts), the protocols and other documents submitted by the precinct election commission the election commission of the Subject of the Russian Federation may declare the voting returns in the given electoral precinct to be null and void. In this case, all data of the given protocol of the precinct election commission shall be excluded from the summary table and from the protocol of the territorial election commission. This decision of the election commission of the Subject of the Russian Federation shall be attached to the first copy of the protocol of the election commission of the Subject of the Russian Federation and shall be forwarded to the Central Election Commission of the Russian Federation.
If the election commission of the Subject of the Russian Federation declares the voting returns in some territory to be null and void, all data of the corresponding protocol of the territorial election commission shall be excluded from the summary table and from the protocol of the election commission of the Subject of the Russian Federation. This decision of the election commission of the Subject of the Russian Federation shall be attached to the first copy of the protocol of the election commission of the Subject of the Russian Federation and shall be forwarded to the Central Election Commission of the Russian Federation.
4. The elections shall not be declared null and void because of violations of the Federal Law which were conducive to the election of registered candidates who eventually have not been elected according to voting returns or which aimed to induce or induced voters to vote for registered candidates who eventually have not been elected according to voting returns
5. On the basis of the protocols of voting returns of the territorial election commissions the election commission of the Subject of the Russian Federation shall complete a protocol of voting returns in the territory of the given Subject of the Russian Federation in which the following data shall be entered:
(a) the number of territorial election commissions in the Subject of the Russian Federation;
(b) the number of the protocols of voting returns received from the territorial election commissions, on the basis of which the given protocol of voting returns has been completed;
(c) the summarized data for the Subject of the Russian Federation according to all lines of the protocols of voting returns of the territorial election commissions.
4.5. Completion of the Protocol of Voting Returns and the Summary Table by the Election Commission of the Subject of the Russian Federation
1. The protocol of voting returns of the election commission of the Subject of the Russian Federation shall be completed in triplicate and signed by all voting members of the election commission of the Subject of the Russian Federation in attendance, with the indication of the date and time (hour and minutes) when these documents were drawn up. Each copy of the protocol shall be sealed with the seal of the election commission of the Subject of the Russian Federation. It is not allowed to complete the protocol with a pencil or make any corrections therein. The following documents shall be attached to each copy of the protocol:
(a) the summary table of voting returns, including the complete data of all protocols of voting returns received from the territorial election commissions;
(b) the records certifying transfer of ballots to the territorial and precinct election commissions and cancellation of unused ballots kept in the election commission of the Subject of the Russian Federation, with the indication of the quantity of such ballots;
(c) the records certifying issuance of absentee certificates to the territorial election commissions and the quantity and numbers of unused absentee certificates.
2. The records shall be signed by the chairman and the secretary of the election commission of the Subject of the Russian Federation and sealed with the commission seal. Any voting member of the election commission of the Subject of the Russian Federation who does not agree with the protocol in full or with certain provisions thereof shall be entitled to attach his/her dissenting opinion to the protocol and, in that case, a note to this effect shall be made in the protocol.
The summarized data of the summary table must comply with the data of the protocol of the election commission of the Subject of the Russian Federation.
It is recommended that preparation of the protocol and the summary table for signing by the members of the election commission be carried out with the use of the output forms of these documents obtained with the help of the FTC «Returns.»
3. During completion of the summary table its copy number, the number of sheets and the consecutive number of the sheet shall be written on each sheet of the table. The row «Total» shall be completed only on the last sheet of the summary table. Each sheet of the summary table shall be signed by the chairman and the secretary of the election commission of the Subject of the Russian Federation and sealed with the commission seal.
4. Dissenting opinions of members of the election commission of the Subject of the Russian Federation, complaints (statements) about violations of the Federal Law received by this election commission as well as its decisions taken thereon shall be attached to the first copy of the protocol. Certified copies of dissenting opinions, complaints (statements) and decisions of the election commission shall be attached to the second copy of the protocol.
5. Immediately after the protocol and the summary table of the election commission of the Subject of the Russian Federation have been signed, the first copy of the protocol presenting voting returns in the territory of the Subject of the Russian Federation together with the summary table of voting returns containing the full data of all protocols of voting returns received from the territorial election commissions; records certifying transfer of ballots to the territorial and precinct election commissions and cancellation of unused ballots kept in the election commission of the Subject of the Russian Federation with the indication of the quantity of such ballots; records certifying issuance of absentee certificates to the territorial election commissions as well as the quantity and numbers of unused absentee certificates; the decision on the results of the use of ballots and absentee certificates together with the aggregate data concerning the use of the blanks of ballots and absentee certificates; dissenting opinions of voting members of the election commission of the Subject of the Russian Federation who do not agree with the protocol in full or with some of its provisions; complaints (statements) about violations of the Federal Law received by the election commission of the Subject of the Russian Federation and the decisions taken thereon shall be, without delay, forwarded to the Central Election Commission of the Russian Federation, as a rule, by a courier or a special delivery service, in envelopes marked «Elections» and «Protocol,» and shall not be returned to the election commission of the Subject of the Russian Federation. These documents shall be kept in the Central Election Commission of the Russian Federation for 15 years and then shall be handed over to the State Archives of the Russian Federation.
6. Along with the first copy of the protocol of the election commission of the Subject of the Russian Federation presenting voting returns in the territory of the given Subject of the Russian Federation the election commission of the Subject of the Russian Federation shall forward to the Central Election Commission of the Russian Federation the decisions of the election commission of the Subject of the Russian Federation (if any) whereby voting returns in some electoral precincts (territories) were declared null and void.
7. The second copy of the protocol together with the second copy of the summary table of voting returns containing the full data of all protocols of voting returns received from the territorial election commissions; the second copies of the records certifying transfer of ballots to the territorial and precinct election commissions and cancellation of unused ballots kept in the election commission of the Subject of the Russian Federation with the indication of the quantity of such ballots; the second copies of the records certifying issuance of absentee certificates to the territorial election commissions as well as the quantity and numbers of unused absentee certificates; the certified copies of the dissenting opinions of voting members of the election commission of the Subject of the Russian Federation who do not agree with the protocol in full or with some of its provisions; the certified copies of the complaints (statements) about violations of the Federal Law received by the election commission of the Subject of the Russian Federation and the second copies of the decisions taken thereon shall be kept by the secretary of the election commission of the Subject of the Russian Federation. These documents shall remain in the election commission of the Subject of the Russian Federation for one year after the day of official publication of the decision to call next elections of the President of the Russian Federation and then shall be handed over to the State Archives of the Russian Federation.
8. The third copy of the protocol of the election commission of the Subject of the Russian Federation; the third copy of the summary table; the third copies of the records certifying transfer of ballots to the territorial and precinct election commissions and cancellation of unused ballots kept in the election commission of the Subject of the Russian Federation with the indication of the quantity of such ballots; the third copies of the records certifying issuance of absentee certificates to the territorial election commissions as well as the quantity of unused absentee certificates shall be made available for examination and copying to the members of the election commission of the Subject of the Russian Federation, members and representatives of the Central Election Commission of the Russian Federation, registered candidates, their agents and authorized representatives for financial matters, media representatives, observers, foreign (international) observers and shall be conspicuously posted up at the place designated by the election commission of the Subject of the Russian Federation. These documents shall be kept in the election commission of the Subject of the Russian Federation for one year after the day of official publication of the decision to call the next elections of the President of the Russian Federation and then shall be destroyed on the basis of an official record, in an established procedure.
4.6. Correction of the Protocol and the Summary Table of the Election Commission of the Subject of the Russian Federation
1. If the protocol and the summary table of the election commission of the Subject of the Russian Federation were compiled without the use of the SAS «Vybory» and, after the protocol of voting returns of the election commission of the Subject of the Russian Federation and/or the summary table was/were signed and their first copies were sent to the Central Election Commission of the Russian Federation, the election commission of the Subject of the Russian Federation which completed the protocol and the summary table finds an inaccuracy in these documents (including a slip of the pen, a misprint, an error in the summation of the data of protocols of territorial election commissions), the election commission of the Subject of the Russian Federation must consider at its meeting the question of correcting the protocol and/or the summary table.
In its notice of this meeting to be served on the Central Election Commission of the Russian Federation, all registered candidates, their agents and authorized representatives for financial matters the election commission of the Subject of the Russian Federation must indicate that the meeting will consider this matter. It is mandatory that the election commission of the Subject of the Russian Federation make its decision known to the non-voting members of the commission, observers and other persons who were present when the previously approved protocol was completed, as well as to media representatives. In this case, the election commission of the Subject of the Russian Federation shall complete a new protocol of voting returns and a new summary table and shall mark them with the word «Corrected.» This protocol and this summary table shall be, without delay, forwarded to the Central Election Commission of the Russian Federation.
2. Upon detection of errors, inconsistencies in the protocols of voting returns and when doubts arise as to the correct execution of the protocols received from the lower-level election commissions the election commission of the Subject of the Russian Federation may resolve that the votes cast by voters in the given electoral precinct or territory be re-counted. In this case, votes shall be re-counted in the presence of a voting member (members) of the election commission of the Subject of the Russian Federation by the election commission which completed and approved the protocol of voting returns being verified, or by the territorial election commission.
The election commission which is to re-count votes shall inform about the re-counting the members of the given election commission, the Central Election Commission of the Russian Federation, all registered candidates, their agents and authorized representatives for financial matters who shall be allowed to be present at vote re-counting.
On the basis of the results of vote re-counting the election commission which carried out the re-counting shall complete a new protocol of voting returns and mark it with the words «Votes re-counted.» If completed by a lower-level election commission this protocol shall be immediately forwarded to the election commission of the Subject the Russian Federation.
After completion of a new protocol (marked «Corrected» or «Votes re-counted») its data shall be entered into the SAS «Vybory» and transmitted to the higher-level election commissions.
4.7. Preparation by the Election Commission of the Subject of the Russian Federation of the Information Concerning the Use of Ballots and Absentee Certificates
1. The election commissions of the Subjects of the Russian Federation shall obtain information concerning the number of used ballots and absentee certificates from the records attached to the protocols of the territorial and precinct election commissions and also through the SAS «Vybory» with the use of the task «Records.»
2. Upon receipt of this information the election commission of the Subject of the Russian Federation shall consider at its meeting the results of the use of ballots and absentee certificates. The resolution on this matter to be, without delay, forwarded to the Central Election Commission of the Russian Federation by fax or by a courier or a special delivery service shall indicate coincidence or non-coincidence of the aggregate data relating to the ballots and absentee certificates issued to and actually received by the election commissions. In the event of non-coincidence of such data the election commission of the Subject of the Russian Federation shall find out the reasons for the non-coincidence and shall, in its resolution, present its opinion as to how much the non-coincidence of this data may have affected the voting returns recorded in the protocols of the election commissions.
The resolution of the election commission of the Subject of the Russian Federation shall be supplemented with the aggregate data relating to the number of the blanks of ballots and absentee certificates used in the administration of the election of the President of the Russian Federation and, in the event of repeat voting, in the administration of repeat voting (Annexes 5 - 8).
The election commission shall draft this resolution using the data obtained with the help of the task «Records.»
3. In addition to this the election commission the Subject of the Russian Federation shall receive information about the opening of voting premises in electoral precincts and about the progress of voting and voting returns in various territories and shall exercise control over prompt entry of this information into the SAS «Vybory.»
4.8. Use of the SAS «Vybory» in the Work of the Election Commission of the Subject of the Russian Federation
1. The system administrator of the election commission of the Subject of the Russian Federation shall be responsible for trouble-free operation of the CAF of the SAS «Vybory» and for the accuracy of the transmitted information relating to voting returns and other information obtained through the SAS «Vybory» during preparation and administration of the elections.
2. The system administrator of the Subject of the Russian Federation shall work under the guidance of the chairman of the election commission of the Subject of the Russian Federation, in cooperation with the members of the supervisory group. When requested to do so by the members of the supervisory group the system administrator must explain the meaning and purpose of the actions being performed and acquaint the group members with the available service documentation.
3. Not later than three days prior to voting day the system administrator of the election commission of the Subject of the Russian Federation shall obtain from the CAF of the Central Election Commission of the Russian Federation the electronic form of the protocol and the schedule for presentation of voter turnout data, and, in the presence of a supervisory group member, shall transmit the electronic form of the protocol and the schedule for presentation of voter turnout data to the CAFs of territorial election commissions, using the FTC «Returns.»
4. After formation of the electronic form of the protocol and its transmission to the CAFs of the territorial election commissions operation with the FTC «Returns» shall be carried out in accordance with the Provisional Rules.
5. Information concerning the opening of voting premises and voter turnout received from the territorial election commissions shall be printed out in the form of tables which shall be made available, through the secretary of the election commission of the Subject of the Russian Federation, to members of the election commission and to persons entitled to examine these electoral documents. The system administrator of the CAF of the election commission of the Subject of the Russian Federation shall transmit this information to the CAF of the CEC of Russia.
6. The preliminary voting returns coming from the territorial election commissions to the election commission of the Subject of the Russian Federation via the telecommunications system of the SAS «Vybory» shall be checked for distortion in transmission and shall be summed up with the help of the FTC «Returns.» Upon receipt of the preliminary voting returns from all territorial election commissions the system administrator shall, in the presence of a supervisory group member, transmit the preliminary voting returns in the territory of the Subject of the Russian Federation to the CEC of Russia via the telecommunications system of the SAS «Vybory,» using the FTC «Returns.»
7. As soon as the protocol of voting returns of the election commission of the Subject of the Russian Federation has been signed the system administrator shall, in the presence of a supervisory group member, transmit to the Central Election Commission of the Russian Federation the results of operation of the FTC «Returns» together with the data base archives of the FTC «Returns» of the territorial election commissions and the data base archive of the FTC «Returns» of the election commission of the Subject of the Russian Federation.
8. The printouts of the electronic protocol and of the electronic summary table of current and preliminary voting returns signed by the members of the supervisory group and the system administrator shall be handed over to the secretary of the election commission of the Subject of the Russian Federation who shall make them available for examination and copying to the members of the election commission and persons entitled to examine these electoral documents.
9. If, after signing the protocol of voting returns and/or the summary table and forwarding their first copies to the Central Election Commission of the Russian Federation the election commission of the Subject of the Russian Federation makes corrections in the protocol and/or the summary table, the system administrator shall, in the presence of a supervisory group member, enter the corresponding corrections into the data base of the FTC «Returns» and shall make a note to this effect in the system log. After the corrections have been entered the results of operation of the FTC «Returns» together with the data base archive shall be immediately transmitted to the Central Election Commission of the Subject of the Russian Federation via the telecommunications system of the SAS «Vybory.»
10. The corrected protocol and/or the corrected summary table shall be printed out in duplicate. One copy of the printout of the protocol and/or the summary table signed by the members of the supervisory group and by the system administrator shall be handed over to the secretary of the election commission of the Subject of the Russian Federation to be attached to the second copy of the protocol of the election commission of the Subject of the Russian Federation; the other copy of the printout shall be made available to members of the election commission, members and representatives of the CEC of Russia, registered candidates, their agents and authorized representatives for financial matters, media representatives, observers, foreign (international) observers.
11. To ensure functioning of the task «Records» within the FTC «Returns,» Version 5.1, which provides the means for keeping track of movement of the blanks of ballots and absentee certificates the election commission of the Subject of the Russian Federation must exercise control over entry of the data concerning the number of ballots and absentee certificates received by the lower-level election commissions.
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