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Recommendations
Election administration:
Election law:
The Courts:
Assistance to the Subjects of the Federation:
During the course of this Pre-election Technical Assessment, several important recommendations have been made to improve the electoral process in the Russian Federation. 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. Indeed, it should be noted that many suggestions made by international technical experts over the past few years have been implemented. At the same time, problems and needs were noted in several important areas. These recommendations are intended to provide guidance to administrators, lawmakers, and others interested in improving the election process in the Russian Federation. While time limitations may prevent the implementation of some of the suggestions for the Duma election, long-term planning for the presidential election should include a consideration of these improvements, where appropriate.
Election administration:
- Training video. The CEC and SECs should consider developing a professional training video that could be shown to all PECs in the Russian Federation as part of their instructional program. Such a training video would provide for more uniformity and give all of the estimated 750,000 polling station workers the same information.
- Improve training directives. It is imperative that all training documents and directives issued by the CEC make it abundantly clear that SECs, TECs, and PECs must follow the law and regulations to the letter of the law. All members of such commissions should be trained in counting procedures and should be encouraged to question any chairman of a commission who does not conform to established procedures and law. Those who are found to violate procedures should not be allowed to serve again. Those who violate the law should be prosecuted.
- Training manual. While it is acknowledged that the CEC is committed to providing a training manual to all levels of election commissions in the Russian Federation for the 19 December 1999 election, the CEC should look to providing a more descriptive and illustrative product. The items such a manual should cover include for example: frequently asked questions; standard methods to set up and operate a polling station; counting ballots, including samples of valid and invalid ballots; how and where unused ballots should be stored on election day.
- Uniform Voter Registry. Under the law, election commissions shall develop a voter list using SAS Vybory. The development of a nationwide uniform federal voter registry would eliminate duplicate registrations and discourage potential voter fraud. A Unified Registry typically consists of one nationwide master list of voters which is developed by combining the names of voters placed on the rolls by local governments or election authorities. Typically, such lists are developed electronically and placed into a computerized master database. Such a database is maintained by the Central Election Commission and can be accessed and printed in its entirety or by electoral district or polling station. Other databases, such as employment lists and pension registries, can be compared with such lists.
- Voting abroad. The CEC should establish clear procedures for voting abroad. In 1996, the CEC did provide out of country polling sites with written material regarding the voting process. In its instructions to remote polling sites for citizens living or traveling abroad, the CEC should include the following:
- Have citizens abroad indicate their interest in voting in the election.
The embassies should request that citizens of the Russian Federation living abroad register their interest in voting in the parliamentary election with the Russian Embassy in the country in which they have their temporary residence in advance. This notification could be in writing, fax, or e-mail. It should include the name, family name, date of birth, place of birth, citizen’s passport number, Russian address, temporary address, telephone number, and place to which the citizen will want to cast their ballot. This would allow the embassy to make a list in advance of such persons and help determine how many ballots they may need.
This information should be disseminated to Russian citizens via the mass media and organization that may have contact with Russian citizens living abroad. It is suggested that this press release/press conference take place no later than 45 days prior to the election (4 November).
Persons on an embassy list should receive written instructions regarding how they may vote in the parliamentary election, including information about casting their ballot at a location (other than the embassy) which is more convenient for them.
- Waive the requirement for the absentee certificate.
Under powers granted in Article 24.1(b) of the Duma Elections Law the CEC should issue a resolution which indicates that Russians citizens abroad do not have to show an absentee certificate if they went abroad prior to the 45th day before the election (4 November 1999).
- Ballot security. The paper used in ballot printing allows for fraudulent duplication due to the absence of any specifications in the law concerning paper quality. Article 71 of the Duma Elections Law expressly states that ballots cannot be numbered and that the printing should be in black and white. These specifications limit what can be done to prevent duplication of ballot papers. The use of watermark paper would reduce the risk of fraud but watermarked paper is rather expensive. What could be used instead is micro printing. Realizing that ballots are printed throughout the Russian Federation, the CEC could encourage all SECs to use micro printing where it is available. This would not cover the entire Russian Federation but could be used in all the large population centers accounting for a high percentage of voters. In addition, while uniformity of the ballot is important, the non-availability of micro printing in one area of the country would most likely not be noticed by voters on election day. Micro prints are generally not visible to the untrained eye.
- Packaging of ballots. Special packaging of ballots or binding with rubber glue would also provide officials with better control. Special packaging in groups of 100 or 500 ballots would provide a more accurate and easier count when verifying the number of ballots during transfers. Also, on polling day the members of the PEC would have a better control on the number of ballots not certified.
- Transfer records for ballots. A transfer record for each point of ballot transfer from the printing organization to the TEC down to the PEC should show two signatures of the persons receiving the ballots, an exact count and verification of the number of ballots received and the time the transfer took place. The law does not mention that signatures should be put on the transfer record. However, the CEC requires that all transfer records be signed by three persons. Appropriate security personnel should be involved during all phases of ballot transport and storage.
- Ballot certification practices. Ballot certification includes the signatures of two members of the PEC and placement of the election commission seal at the upper right of the ballot. In past elections, both of these activities took place in advance to save time and to keep the voting line moving. It is suggested that the seal could be placed on the ballots immediately before issuing the ballot to the voter. This should not cause any significant delay during the processing of voters and would build a final piece of security into the process.
- Absentee certificates. All absentee certificates should be numbered. The TEC should record the number of the absentee certificate in the record when issued. A record should be established at the PEC to record all absentee certificates issued along with the numbers of the certificates. In case of fraud, a record is established with information on the voter and a number that can be used for tracing of fraudulent certificates.
- Absentee certificate fraud. To prevent fraud, printing of absentee certificates should use the suggestions as recommended for the printing ballot papers.
- Election observation infrastructure . A solid well organized infrastructure for the diffusion and centralization of information, including open and accessible office facilities, should be put in place by the CEC, or, alternatively, by an authorized organization to assist in the improvement of election observations . Furthermore, given the intricacies of the Russian legislation and advancements which have been made in the past four years, appropriate briefing materials about the electoral process, the political parties, and the steps which lead to elections should be readily available to the international community.
- Campaign finance reporting. The massive amount of information the CEC will be getting from the three campaign finance reports filed by the candidates, and blocs/associations should be well organized in order for the more critical information to be made available in a good format so the public can understand them and to provide more transparency.
- Compatibility of campaign finance data. Prepare an analysis of the instructions the CEC has issued to the Saving Banks of the Russian Federation to determine if the incoming data from the Savings Banks is received in a compatible manner that will be easily transferred to the Internet.
- International campaign finance enforcement practices. Prepare a report on what has been done in the international community on enforcement, proof of fraud, and how to investigate and prosecute in the area of campaign finance activities.
Election law:
- Mass media. The laws regulating mass media regarding the campaigning period should be liberalized to allow informational advertising pieces during the nomination process. This way, no «blackout» period occurs after a decree for election is issued. Currently, one can campaign freely prior to an election decree, not at all after an decree is issued, and in a regulated manner during the election campaign.
- Mass media law. Discussion of clauses regulating the media in the Duma elections with an eye to improving the drafting of the Presidential elections law should be supported. Discussions between the CEC, media lawyers and the journalistic corps (editors/ executive producers) would go some way towards clarifying problems and providing changes and amendments to the Presidential elections law which would better enable the electorate to make intelligent choices.
- State of emergency. Legislation which limits the rights of citizens to participate in elections, in a state of emergency, should be limited to the areas where it is impossible to establish the voters will;
- Conditions for a state of emergency. Conditions must be described in the election law whereby the CEC and sub-level election commissions can determine the conditions for suspending or postponing elections due to extraordinary circumstances.
The Courts:
- More workshops. It is important that programs designed to foster training, coordination, and exchange of information between the courts and the electoral commissions be encouraged. The team found that this has already been initiated in Russia and at a high level. For example, the CEC and the Constitutional Court held a coordinating workshop in Moscow last year. Such initiatives help to build institutional confidence and coordination. The team recommends that such workshops should be replicated with lower level courts and election commissions to foster interactivity and promote a greater awareness of the responsibility of the court system in the electoral process.
Assistance to the Subjects of the Federation:
The PETA team was made keenly aware of problems at the Subject level regarding the lack of uniformity in application of election laws/CEC regulations and election administration. These problems were in the areas of voter registration, election commission training, voter education, and the use of the mass media to inform voters of electoral activity, among others. Therefore, future elections support 0efforts assistance should be made to assist Subject Elections Commissions to address these problems and needs. Such assistance could be provided to several Subjects within a region or to individual Subjects. Projects could include:
- Voter registration. A survey could be made of the Subjects of the Federation to determine their efforts in developing a good electronic database of voters and to find out what lists they use to produce their voter registration roll. Since Central Election Commission member Olga Volkova indicated significant problems in this area, regional seminars and workshops could be held for the Subjects to provide them with ideas and guidance regarding the development of voter lists. Assistance could also be provided to the CEC and Subjects in creating a common database of voters. A first-step in that direction would be to develop a prototype by combining the lists of several Subjects in a region and determining how many duplications exist and the difficulties involved in finding out which registration of that duplicate is the most accurate. After such a system is perfected, it would certainly facilitate the development of a federal voter registry.
- Election Commission Training. The team discovered that their was a wide variation in the techniques used by the Subjects to train election commissions at the subordinate level. While some Subjects used modern methods such as training videos, others used more basic models such as simple lectures. A professional training video could be produced and a model training program developed to work with individual Subjects or to hold regional conferences/workshops. It should be acknowledged that the Central Election Commission also has begun regional seminars for the Subject in the run-up to the 19 December election. Because of the shortness of time and the current CEC schedule, it may not be possible to complete much work in this area for the parliamentary election. However, perhaps in early 2000 such a task could be implemented so that improvements could be made for the June Presidential election.
- Voter Education. The development of a good political culture among the citizens of the Federation can only accomplished successfully at the local level. A series of regional seminars could be conducted for the Subjects to provide them with ideas and techniques that would encourage the electorate to participate in the political process as responsible citizens. Such information could focus on young people in particular with programs aimed at the educational system, even starting at the elementary school level. A model «Kids Voting» program could be developed which would encourage young children to go to the polling place with their family members to view the election process and perhaps have a polling booth which they could use to «sample» the election process. The Subjects could be given information on how to encourage «Mock» elections in the schools to introduce students to the voting process.
- Mass Media. It appears that many members of the media, particularly at the local level, are unaware of the importance of their role in the electoral process to inform the electorate of significant information relating to election administration and campaign finance. In addition, since the law stipulates that the media must provide free air time and free space for electoral associations/candidates, there are also fairness issues involved in the providing of paid advertising time and space the same entities. A program focusing on the Subject level that encourages the SECs to conduct seminars and workshops for the media in their jurisdiction could greatly improve the role that the mass media plays in educating the public with regard to the electoral process. This would help take important messages of citizen involvement to the local level and encourage more responsibility and fairness and develop a better political culture among the mass media.
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