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Chapter V. Nomination and Registration of Candidates, Realization of the Initiative to Hold a Referendum
Article 28. Right to Nominate Candidates
Article 29. Nomination of Candidates Directly by Voters
Article 30. Nomination of Candidates by Electoral Associations, Electoral Blocs
Article 31. Collection of Signatures of Voters in Favor of Candidates (List of Candidates)
Article 32. Registration of Candidates (Lists of Candidates)
Article 33. Realization of the Initiative to Hold a Referendum
Article 28. Right to Nominate Candidates
1. Candidates may be nominated by voters of the given electoral district and by way of self-nomination. Candidates (list of candidates) may be also nominated by electoral associations, electoral blocs.
2. Nomination of candidates (lists of candidates) shall be possible provided that the nominated person has submitted a written statement with his/her consent to run for the office and representation to terminate the activities not compatible with the status of a deputy or other elective office should he/she be elected. This statement together with the notice of the beginning of signature collection shall be submitted to the appropriate election commission.
3. The period for nomination of candidates (lists of candidates) set by the relevant law shall be at least 45 days for elections of President of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation and other federal state bodies stipulated by the Constitution of the Russian Federation and elected directly by citizens, and at least 30 days for elections of the bodies of the state power of Subjects of Russian Federation, and at least 20 days for elections of the bodies of the local self-government, Heads and other officials of municipal units.
4. All candidates shall have equal rights and bear equal obligations. Candidates holding state and municipal offices shall not take advantage of their official position or status.
5. In this Federal Law taking advantage of an official position or status shall mean:
- involving persons who are subordinate or dependent in the line of duty, other state and municipal employees in the activity conducive to nomination and/or election during the working hours;
- using premises occupied by state bodies or bodies of local self-government for carrying on the activity conducive to nomination and/or election if other candidates or registered candidates cannot use the same premises on the same terms and conditions;
- using telephone, fax and other types of communication, information services, office equipment of state organizations or bodies of local self-government for carrying on the activity conducive to nomination and/or election;
- using state- or municipality-owned transport facilities free of charge or on privileged terms for carrying on the activity conducive to nomination and/or election. This provision shall not apply to persons using the said transport facilities in accordance with the federal law on state security;
- collection of signatures or election campaigning by state or municipal employees in the course of business trips paid for from the state or municipal funds;
- privileged access (compared to other candidates, registered candidates) to mass media indicated in Clause 1 of Article 39 of this Federal Law for collecting signatures or carrying on election campaigning.
Compliance with the aforementioned restrictions must not interfere with the performance by deputies, elective officials of their obligations to voters.
Article 29. Nomination of Candidates Directly by Voters
1. Nomination of candidates directly by voters shall be effected by self nomination or on an initiative of a voter, group of voters eligible to vote for such candidate through notifying the election commissions, where the candidates are to be registered, thereof, and through consequent collection of signatures in favor of the candidates.
2. Laws of Subjects of Russian Federation shall not require that meetings of voters with a definite number of participants be held for voters to directly nominate a candidate (candidates).
Article 30. Nomination of Candidates by Electoral Associations, Electoral Blocs
1. Electoral associations, electoral blocs shall be entitled to nominate candidates (lists of candidates).
2. Candidates (lists of candidates) of all-Russia electoral associations shall be nominated by secret ballot at federal congresses (conferences) of said associations at elections to federal bodies of state power, at conferences (meetings) of their regional branches at elections to bodies of state power of Subjects of Russian Federation and at meetings of local branches at elections of local self-government. The procedure for nomination of candidates (lists of candidates) of public associations registered with the bodies of justice of Subjects of Russian Federation shall be set forth by the laws of Subjects of Russian Federation on the basis of provisions on this Federal Law.
3. Electoral blocs shall be formed by electoral associations. A decision regarding entering an electoral bloc shall be made at congresses (conferences) of each electoral association after which the authorized representatives of such electoral associations shall sign a joint statement on the formation of an electoral bloc. The decision regarding the nomination of candidates (lists of candidates) by an electoral bloc shall be made at the congress (conference) of such bloc and signed by the authorized representatives of the electoral associations constituting the bloc. Electoral blocs shall be registered with the relevant election commission either earlier or simultaneously with submission of a joint list of candidates to the election commission. Electoral associations constituting an electoral bloc may not enter other electoral blocs at the same election or act as independent electoral associations.
4. The list of candidates nominated by an electoral association, electoral bloc shall be submitted to the appropriate election commission together with statements of candidates expressing their consent to nomination by the given electoral association, electoral bloc in the electoral district and/or in the list of candidates. Within three days, the election commission shall certify the list of candidates nominated by an electoral association, electoral bloc. After this collection of voter signatures begins in support of the nominated candidate (list of candidates).
5. After the list of candidates has been submitted to the election commission, the candidates on the list and their ranging shall not be changed other than due to withdrawal of the candidates.
Article 31. Collection of Signatures of Voters in Favor of Candidates (List of Candidates)
1. Signatures of voters in favor of candidates (lists of candidates) nominated directly by voters, electoral associations, electoral blocs shall be collected in the procedures and in the amount set forth by federal laws, laws of Subjects of Russian Federation. The maximum amount of signatures required for candidates (lists of candidates) to be registered may not exceed 2 per cent of the total number of voters in the relevant electoral district in compliance with Clause 4 of Article 17 of this Federal Law.
2. The maximum number of signature for registration of candidates in a multi-mandate electoral district established by a federal constitutional law, federal law, law of Subject of Russian Federation shall not exceed 2 per cent of the number of voters of the given electoral district, divided by the number of mandates.
3. Federal laws, laws of Subjects of Russian Federation may set a quota for the number of voter signatures to be collected in the territory of one Subject of the Russian Federation at elections to the federal bodies of state power. In this case, signatures collected in access of the established number shall not be counted by the relevant election commission.
4. No quotas shall be established for the collection of signatures of voters in the election to bodies of state power of Subjects of Russian Federation, bodies of local self-government for separate parts of the said territories.
5. For elections to the bodies of local self-government held in municipal units where the number of voters registered in compliance with Clause 4 Article 17 of this Federal Law is less than 10,000 voters the collection of voter signatures in favor of candidates may not be effected if stipulated otherwise by the law of Subjects of Russian Federation.
6. Signatures may be collected only among voters enjoying an active electoral right in the electoral district wherein the candidate consents to his/her nomination. Participation of the management of enterprises of all forms of ownership, institutions and organizations in the collection of signatures, coercion in the course of signature collection or solicitation of voter signatures for a remuneration shall not be allowed. Signatures shall not be collected when and where wages and salaries are paid. Gross or repeated violation of these restrictions may serve as a ground for the appropriate election commission or a court to invalidate the collected signatures and/or withdraw registration of a candidate (list of candidates).
7. The right to collect voter signatures shall belong to any adult competent citizen of the Russian Federation. A candidate, electoral association may sign a contract with a signature collector for collection of signatures. Payments for performance of work shall be effected only through the electoral fund of the candidate, electoral association, electoral bloc.
8. After putting his/her signature in the signature list the voter shall in his/her own hand write his/her first and last name and the patronymic, the residence address, the series and number of the passport or an equivalent ID, the date when the signature was put on the list.
Article 32. Registration of Candidates (Lists of Candidates)
1. Candidates (lists of candidates) shall be registered with the relevant election commission upon a written application of candidates regarding self nomination, request of voters, electoral associations, electoral blocs, initiative groups of voters, that nominated the candidates (lists of candidates), provided statements of candidates with their consent to run in the specific electoral district and the required number of signatures in their support are available.
2. Federal constitutional laws, federal laws, laws of Subjects of Russian Federation may set the ultimate number of signatures in favor of candidates (lists of candidates) that shall not exceed the number of signatures set law by more than 15 percent.
3. A federal constitutional law, federal law, law of Subject of Russian Federation shall provide for a procedure to verify the authenticity of voter signatures collected in support of candidates (lists of candidates). Such verification may cover either all submitted signatures or a part thereof randomly sampled for the verification. If some proportion of signatures subjected to verification is found to be inauthentic, the size of this proportion to be established by a constitutional law, federal law, law of Subject of Russian Federation, or if the number of authentic signatures is insufficient for the registration of the given candidate (list of candidates), the election commission shall refuse to register the candidate (list of candidates). All candidates, representatives of the electoral associations, electoral blocs which nominated lists of candidates shall be informed about each case of such verification provided they have submitted the required number of signatures for the registration of the candidate (list of candidates). All candidates, representatives of the candidates, electoral associations. electoral blocs nominating candidates (lists of candidates), representatives of voters who have realized the initiative to nominate a candidate, if they have submitted the established number of signatures, may be present during verification of signatures submitted by each electoral association, electoral bloc, candidate, including sampling of signatures for verification. Signatures on the signatures lists shall not be verified if they had been eliminated (crossed out) by the nominators of the candidate (list of candidates) before the signatures were submitted to the election commission provided they made a special note to this effect.
4. Within a period not longer than 10 days for elections to the federal bodies of state power and 5 days for elections to the bodies of state power of Subjects of Russian Federation and bodies of local self-government the appropriate election commission shall make sure that that the candidate (list of candidates) has been nominated in conformity with the provisions of a federal law, law of Subject of Russian Federation and take a resolution to register the candidate (list of candidates) or refuse the registration.
5. A candidate may be registered only in one electoral district. This rule shall not apply to registration of a candidate simultaneously nominated by an electoral association, electoral bloc in a single-mandate electoral district and in a list of candidates in the same elections.
6. When registering a candidate nominated by an electoral association, electoral bloc the appropriate resolution of the election commission shall note the fact of his/her nomination by the given electoral association, electoral bloc. A candidate nominated by voters may declare his/her independent status or affiliation with some public association. When a candidate is simultaneously registered in a list and in a single-mandate electoral district, the appropriate resolution of the district election commission must point out the fact that the candidate has also been registered in a list of candidates.
7. In case of denial of the registration of a candidate (list of candidates) the relevant election commission shall within 24 hours issue a copy of the commission decision with the reasons for the denial being specified to the candidate or an authorized representative of the electoral association, electoral bloc, initiative group of voters or a voter. The reason for such denial may be an insufficient number of valid signatures in support of a candidate (list of candidates), election propaganda conducted by the electoral association, electoral bloc prior to the registration of the candidate (list of candidates), violations of the procedure for establishment of electoral funds and spending electoral funds as well as other reasons provided for in this Federal Law. The grounds for the refusal of registration may be an insufficient number of submitted authentic signatures in support of the candidate (list of candidates), a proportion of inauthentic signatures in the signatures subjected to verification in excess of the maximum proportion established by law, violation of the rules established by a federal constitutional law, federal law, law of Subject of Russian Federation for the collection of signatures, violation of the procedure for setting up an election fund and its expenditure and other grounds provided by this Federal Law.
8. A candidate shall be entitled to withdraw any time, however, not later than three days before election day.
9. An electoral association, electoral bloc shall be entitled to withdraw the list of candidates or refuse to participate in the election upon decision of the body that nominated the candidates any time, however, not later than three days before election day.
10. After submitting a list of candidates together with voter signatures collected in its support an electoral association in accordance with its charter, an electoral bloc by a resolution of representatives duly authorized by electoral associations forming the given bloc may eliminate some candidates from the list certified by the appropriate election commission for the collection of signatures. Candidates may also be eliminated after registration but no later than five days prior to the voting day. The total number of candidates eliminated from the list shall not exceed 25 per cent of the total number of candidates on the certified list, the first three candidates on the list not being subject to elimination. No new persons shall be put on the list and the order in which the candidates appear on the list shall not be changed unless such a change is necessitated by the removal of some candidates. The election commission shall not refuse to register a list of candidates which was changed in accordance with a procedure established by this Federal Law, the charter of an electoral association, agreement for the formation of an electoral bloc.
11. If by the voting day no candidates remain in the electoral district or the number of registered candidates is smaller than or equal to the established number of mandates or only one list of candidates has been registered, elections in the given electoral district shall be postponed by a resolution of the appropriate election commission for not longer than four months to allow additional candidates (list of candidates) to be nominated and subsequent electoral actions to be taken.
12. If the circumstances indicated in Clause 11 of this Article result from the fact that a candidate withdrew his/her candidature without compelling reasons or his/her registration was canceled in accordance with Clause 6 of Article 45 of this Federal Law in the elections to federal bodies of state power, bodies of state power of Subjects of Russian Federation, bodies of local self-government, all expenses incurred by the appropriate election commission in the preparation and holding of the elections shall be charged to this candidate. A law of Subject of Russian Federation may provide that in the event of circumstances indicated in Clause 11 of this Article voting may be conducted on one candidate in the elections of deputies of bodies of local self-government and the candidate shall be deemed to have been elected if no less than 50 per cent of voters who took part in the voting voted for this candidate.
Article 33. Realization of the Initiative to Hold a Referendum
1. Each voter or group of voters entitled to participate in an appropriate referendum as well as a public association may form an initiative group for holding a referendum, the number of members in the group being no less than 20 for holding a referendum of Subject of Russian Federation and no less than 10 for holding a local referendum. An electoral association registered with a juridical body of the level at which a referendum is to be held or a higher level may likewise act as an initiator of a referendum. In this case, the governing body of the electoral association or the governing body of its regional, local division, local organization shall act as a referendum initiative group regardless of the number of its members.
2. The referendum initiative group shall file a request for registration of the group with an election commission of the appropriate level acting as a referendum commission. If there is no permanent election commission of the level at which a referendum is to be held, the functions of a referendum commission shall be temporarily performed by a body of local self-government of the given level until such a referendum commission is formed.
3. The request of the referendum initiative group shall contain the issue (issues) or the text of a draft law, a draft of some other normative legal act proposed by the initiative group for the referendum and indicate the first and last names and patronymics, places of residence, series and numbers of passports or equivalent IDs of the members of the initiative group and persons authorized to act on behalf of the initiative group in the territory of the proposed referendum.
4. Attached to the request shall be the minutes of the meeting of the referendum initiative group at which a resolution was taken to put forward an initiative to hold a referendum.
5. If the formulation of the issue proposed by the referendum initiative group for a referendum does not meet the requirements set forth in this Federal Law the appropriate election commission (referendum commission) to which the request for the referendum was submitted may agree with the referendum initiative group a new formulation which does not change the substance of the issue. The right to change the formulation of the issue put to the referendum shall belong only to the referendum initiative group. The formulation of the issue to be put to the referendum shall not be changed upon registration of the initiative group.
6. Having established that the request of the referendum initiative group and the attached documents meet the requirements of this Federal law, a law of Subject of Russian Federation, charter of a municipal unit the appropriate election commission (referendum commission) and, if it is non-existent, a body of local self-government shall, within 15 days upon receipt of the request, take a resolution on the registration of the initiative group, issue a registration certificate to the group and inform about this the legislative (representative) body of state power of Subject of Russian Federation when an initiative is put forward to hold a referendum of Subject of Russian Federation, the representative body of local self-government when an initiative is put forward to hold a local referendum and also give appropriate information to mass media.
7. When an election commission (referendum commission) of the appropriate level is non-existent, the representative body of local self-government which registered the referendum initiative group shall, within 7 days upon registration of the initiative group, form an appropriate referendum commission in accordance with a procedure set forth in Article 23 of this Federal law.
8. If registration of a referendum initiative group is refused, the appropriate body shall issue a resolution indicating the reasons for the refusal.
9. The only ground on which registration of a referendum initiative group may be refused shall be violation by the initiative group of the Constitution of the Russian Federation, federal constitutional laws, federal laws, the constitution, charter, laws of Subject of Russian Federation, the charter of a municipal unit. The refusal of registration may be appealed in a court.
10. Upon receipt of a registration certificate the referendum initiative group shall be entitled to organize collection of signatures in support of the initiative to hold a referendum. In this case, only those signatures shall be reckoned, which were collected after the date of registration of the initiative group. The registration certificate, the format of which is to be approved by the election commission of Subject of Russian Federation and which is issued to the referendum initiative group shall be valid for the period established by a federal constitutional law, law of Subject of Russian Federation, charter of a municipal unit. The expenses incurred in the collection of signatures shall be borne by the initiative group.
11. Signatures of citizens in support of the initiative to hold a referendum shall be collected by the referendum initiative group in accordance with a procedure and in the number established by a federal constitutional law, federal law, law of Subject of Russian Federation, charter of a municipal unit. The maximum number of signatures which has to be collected in support of the initiative to hold a referendum shall not exceed 2 per cent of the number of citizens who have the right to participate in the referendum for a referendum of Subject of Russian Federation and 5 per cent of the number of citizens who have the right to participate in the referendum for a local referendum. The number of citizens who have the right to participate in a referendum shall be determined on the basis of registration of referendum participants as of January 1 or July 1 of the appropriate year.
12. Signatures shall be collected on signature lists containing the formulation of the issue put to the referendum. If a referendum is to be held on a draft law, a draft of a normative legal act of a body of local self-government, the person collecting signatures shall produce the text of this draft to a referendum participant upon his/her first request.
13. Signatures may be collected among referendum participants over the entire territory of the proposed referendum. No quotas shall be established for the collection of signatures in support of an initiative to hold a referendum of Subject of Russian Federation, a local referendum in separate parts of the territory of Subject of Russian Federation, a municipal unit.
14. The period established by a federal constitutional law, federal law, law of Subject of Russian Federation, charter of a municipal unit for the collection of signatures in support of an initiative to hold a referendum shall be no less than 30 days for a referendum of Subject of Russian Federation, no less than 20 days for a local referendum.
15. After the end of signature collection but no later than the end of the period for which the registration certificate is valid the referendum initiative group shall count the total number of the collected voter signatures and draw up a final protocol. An authorized representative of the referendum initiative group shall hand over the numbered and stitched signature lists and a copy of the final protocol of the initiative group to the election commission (referendum commission) which issued the registration certificate.
16. The election commission (referendum commission) shall verify compliance with the requirements of the federal constitutional law, federal law, law of Subject of Russian Federation, charter of a municipal unit during collection of signatures and, among other things, shall verify the authenticity of the collected signatures in accordance with a procedure set forth in Clause 3 of Article 32 of this Federal Law and take a resolution on the basis of the verification results. In the event of violation of the said requirements the election commission (referendum commission) shall take a resolution to refuse the referendum. A copy of this resolution shall be forwarded to the referendum initiative group. For two years after adoption of this resolution members of the given initiative group shall not put forward another initiative to hold a referendum.
17. If the initiative to hold a referendum has been put forward in compliance with the requirements of a federal constitutional law, federal law, law of Subject of Russian Federation, charter of a municipal unit the election commission (referendum commission) shall, within 15 days after the referendum initiative group has submitted documents indicated in Clause 15 of this Article, forward the signature lists, a copy of the final protocol of the initiative group and a copy of its resolution to a body of state power or a body of local self-government authorized to announce a referendum. A copy of the resolution of the election commission (referendum commission) shall also be given to the initiative group.
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