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Executive Summary
In September 1999, the International Foundation for Election Systems (IFES) conducted a Pre-Election Technical Assessment (PETA) of the Russian Federation to evaluate preparations for the 19 December 1999 elections to the State Duma and to make recommendations for assistance. This report examines the electoral process and current issues requiring evaluation and attention. In a series of recommendations the PETA identifies needs and proposes methods by which such needs can be addressed.
This report was developed by an international delegation of four technical experts with considerable expertise in the field of election administration, election law and the Russian political process. The team included: Christian Nadeau, Program Director for IFES/Russia and noted Canadian attorney with considerable international election experience; Paul DeGregorio, senior IFES consultant and former U.S. election official who has extensive experience in election administration and election law in Europe and Asia, including Russia; George Russell, a Technical Specialist with foreign election experience who recently served as Chair of the U.S. National Association of State Election Directors and as the chief election official for the State of Kentucky; and, Alex Yurin, Executive Director of the Russian Institute for Election Systems Development (IESD), an attorney and prominent election specialist.
Since establishing a permanent office in Moscow in 1993, IFES has played an integral role in the development of professional election administrators and in the significant improvement of election laws and procedures in the Russian Federation. Its comparative election law review and development of sample procedure manuals and other regulatory documents have raised the level of electoral development in Russia to a higher standard. Throughout the past decade, IFES has facilitated groundbreaking programs involving the exchange of election officials to expose and discuss various approaches to procedures and regulations of common issues in the political and electoral process. IFES has been recognized by the Central Election Commission of the Russian Federation (CEC) and other sub-level election commissions, government officials, members and staff of the State Duma, locally elected political leaders, political parties, NGOs, and international organizations involved the electoral process for the significant technical advice and support it has delivered in the Russian Federation during this historical decade of democracy.
In recent years, IFES has worked to develop an NGO «think tank» on elections in Russia; served as a one-stop resource center for important electoral information for domestic and international entities; provided hands-on technical assistance through targeted commentary, material development, and on-site consultations; held roundtables and conferences for practitioners and policy makers on important elements of the electoral process, including the role of the media, campaign finance and election reform; disseminated important election material throughout the Russian Federation through an effective outreach program with Subject Election Commissions (election commissions of the Subjects of the Russian Federation or SECs) and other regional authorities.
Through an extensive series of meetings with Russian election officials, political party and NGO leaders, and others involved in the electoral process, the 1999 IFES PETA team was able to gain valuable insights into the needs and concerns expressed by these officials regarding the 19 December 1999 Duma election. In addition, the observation of the gubernatorial elections in the Yekaterinburg Oblast on 29 August 1999 and in the Leningradsky Oblast on 19 September 1999 allowed for analysis of the real-time application of election laws and procedures.
The Russian election system was established in the years 1993-1995. In late 1992, the development of new election administration was initiated by a group of deputies and experts within the framework of the Constitutional Commission of the Congress of the Peoples Deputies of the Russian Federation. Their work, as modified, entered into force by Presidential Decree in the political crisis in the second half of 1993. On the basis of this decree, the first election to a new Russian Parliament was conducted on 12 December 1993. At that same election, Russian voters ratified a new Constitution that established basic voting rights for citizens of the Federation.
Electoral reform efforts in Russia have centered on a stated commitment to guaranteeing the rights of its citizens in the electoral process. Nevertheless, protecting the rights of over 100 million voters is a daunting task. The framework law on the «Basic Guarantees of Election Rights and the Rights to Participate in a Referendum» entered into force in 1994. This law was annulled with the passage of a new Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum» in September 1997. The Basic Guarantees law outlined a hierarchical structure of election commissions, formally recognized electoral associations and blocs as part of the political landscape, guaranteed the right of voters and candidates participating in the process, and developed fundamental principles for voting, counting and tabulation processes, among other innovations.
The Law on the Election of Deputies for the State Duma of the Federal Assembly and the Law on the Election of the Russian President of the Russian Federation was adopted in 1995. The Law for the Election of the President has not yet been brought into compliance with the Basic Guarantees Law.
Substantial modifications and additions have been incorporated in the framework Federal Law «On Basic Guarantees of Electoral Rights and the Rights of Citizens of the Russian Federation to Participate in a Referendum» through significant amendments which were adopted in March 1999. These changes guarantee more fully the constitutional right of Russian Federation citizens to elect and be elected to bodies of state power and bodies of local self-government. The Federal law regulating the Duma elections «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» was signed into law by President Yeltsin on June 24, 1999. On August 9, 1999, the President decreed that the State Duma election be held on December 19, 1999. All 450 of the Duma’s seats will be filled through this election - half by proportional representation through party lists, and half though single mandate districts. The Presidential decree marked the official beginning of the campaign period for the Duma elections.
The continuous revision of laws regulating elections has resulted in much more specificity in the various codes. Some have argued that such detail has made uniform applicability and enforcement more difficult to achieve. At the same time, it should be acknowledged that they have raised election administrations standards and allowed for improved processes for the election of more local officials.
While a good election law does not translate into well-conducted, free or fair process, it is the framework within which the political actors must operate. It is essentially up to election administrators to ensure that these actors play by the rules of the game and that free and fair elections are conducted. The PETA team found considerable praise for the improvements made in the administration of the elections of the Russian Federation since the establishment of a permanent Central Election Commission in 1993. Many of those interviewed indicated that procedurally, elections were conducted relatively free of widespread fraud and commented positively on the role of the CEC. However, there were several major concerns and needs expressed. They included:
- Problems with a biased media and lack of equal access to media by all parties/candidates;
- Lack of consistent training of lower-level election commissions;
- Desire to encourage the development, recruitment, and adequate training of NGO and political party election monitors;
- The need for more transparency in the area of campaign funds received and spent by candidates;
- The necessity for more voter education programs to encourage participation, particularly by young voters;
- Continuing to provide technical assistance to the CEC and election commissions and addressing specific election process issues such as ballot security, absentee certificates, and overseas voting;
- The need for a careful review of the draft Presidential elections law to lessen the number of administrative issues to be resolved and to enrich it with international experience;
- The requirement that international observers fully understand Russian election laws and procedures before monitoring the 19 December election.
- To address some of these needs, IFES makes a series of recommendations in this report. A brief synopsis of those suggestions include:
1) Media:
- Build on the existing success of the current seminar program for the mass media by expanding the program and by developing a campaign of Public Service Announcements about the voting process.
2) Election Administration:
- Develop an improved Poll Worker and Territorial Commission manuals;
- Develop a training video for polling station commissions and observers;
- Improve procedures and information program for voting abroad;
- Complete trial procedures with a goal of implementing a federal voter registry;
- Provide International Observation assistance to the CEC;
- Continue Technical Assistance to the CEC, on an as needed basis.
3) Campaign Finance:
- Bring transparency in the process by assisting the CEC in making financial reports more transparent and accessible to public;
- Develop a manual on how to complete the 22 campaign finance forms/reports.
4) Election Law:
- Provide legal advice to CEC regarding conflicts in election code;
- Provide comment and analysis on the presidential election law;
- Recommend changes to law on issues relating to mass media, political party funding, state of emergency and other issues, which may develop during the course of the election.
5) Assistance to the Subjects of the Federation:
- Assist in the comparison of voter registries by developing adequate databases and comparison programs;
- Provide Subjects with assistance to develop improved training programs and techniques;
- Develop strong voter education programs to encourage greater participation at the local level;
- Conduct local seminars for the mass media to stimulate improved coverage of the election process and voting.
- Assist in the standardization of communications procedures and other global practices.
6) The Courts:
- Encourage workshops between lower level courts and election commissions to foster training, coordination, cooperation, and the exchange of information.
If these issues were addressed in a fair and adequate manner, it would help to advance the development of participatory democracy in the Russian Federation. Furthermore, with the Presidential election looming on the horizon in the summer of 2000, addressing these concerns in a timely manner will better prepare Russia and its citizens for the crucial electoral challenges they will face as they begin the new millennium.
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