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Chapter IX. Organization and Procedure for Voting, Vote Counting, Counting of Votes of Referendum Participants Determination of Election Referendum Results and Publication Thereof
Article 49. Voting Premises
Article 50. Absentee Certificates for the Right to Participate in Elections, Referenda
Article 51. Ballots, Ballots for the Right to Participate in the Referendum
Article 52. Voting Procedure
Article 53. Procedure for Early Voting
Article. 54. Procedure for Voting Outside Voting Premises in Elections, a Referendum
Article 55. Protocol of Voting Returns Drawn Up by Precinct Election Commissions, Referendum Commissions
Article 56. Procedure for Counting Votes of Voters, Referendum Participants and Drawing Up Protocols of Voting Returns in Precinct Election Commissions, Referendum Commissions
Article 57. Processing of Voting Returns in Territorial, District Election Commissions, Referendum Commissions, Election Commissions of Subjects of Russian Federation, the Central Election Commission of the Russian Federation
Article 58. Procedure for Determination of Election, Referendum Results
Article 59. Repeat Voting and Repeat Elections
Article 60. Publication of Vote Returns and Results of Election Referendum
Article 61. Legal Force of Referendum Decisions
Article 62. Utilization of the State Automated System of the Russian Federation During Elections Referenda
Article 49. Voting Premises
1. Voting premises shall be provided to a precinct election commission, referendum commission free of charge by the head of the appropriate municipal unit and, if the charter of a municipal unit does not provide for an office of a head of the municipal unit, by a person duly authorized to do so by a body of local self-government.
2. Voting premises shall contain a hall where booths, specially arranged places suitable for voting by secret ballot outfitted with required equipment and writing tools other than pencils shall be located.
3. Inside or directly in front of the voting premises a precinct election commission, referendum commission shall set up a stand to display information materials about all registered candidates, electoral associations, electoral blocs, issues put to the referendum. These materials shall not contain any propaganda appeals. The stands shall also display samples of marked voting ballots which shall not contain names of candidates registered in the given election district, names of electoral associations, electoral blocs participating in the given elections, or samples of ballots for voting in a referendum showing all marking options for each issue put to the referendum.
4. The voting premises shall display an enlarged form of a protocol of voting returns to be used for recording data concerning voting returns as they are being counted.
5. The voting premises shall be fitted out so that the places where ballots for voting in elections, referenda are given out, voting booths and boxes are all simultaneously in the field of vision of members of a precinct election commission, referendum commission, observers.
Article 50. Absentee Certificates for the Right to Participate in Elections, Referenda
Should, in the cases stipulated by Federal constitutional laws, federal laws, laws of Subjects of Russian Federation , a voter, referendum participant on election day, referendum day be unable to come to the voting premises in the electoral precinct, referendum precinct where he/she is enrolled on the voter list, list of referendum participants, he/she shall be entitled to receive an absentee certificate for the right to participate in the election, the referendum on the premises of the precinct election commission, referendum commission of the relevant electoral precinct, referendum precinct, however, not earlier than 15 days prior to election day, referendum day, in the procedure stipulated by the federal constitutional laws, federal laws, laws of Subjects of Russian Federation and participate in the voting at such electoral precinct, referendum precinct where he/she will stay on election day, referendum day within the electoral district where a voter referendum participant is entitled to vote.
Article 51. Ballots, Ballots for the Right to Participate in the Referendum
1. For the purposes of elections, referenda, a voter, referendum participant shall be provided with a ballot, ballot for referendum.
2. Ballots for voting in elections, a referendum shall be produced exclusively by the order and under the supervision of an appropriate election commission, referendum commission and shall be documents of strict accountability, the degree of protection thereof being determined by the Central Election Commission of the Russian Federation. The number of ballots for voting in elections, a referendum produced in accordance with a procedure established by federal constitutional laws, federal laws, laws of Subjects of Russian Federation shall not exceed by more than 3 per cent the number of registered voters, referendum participants.
3. The format and text of a ballot for voting in elections, a referendum and the procedure for the production of ballots, their number, requirements to their production shall be approved by appropriate election commissions, referendum commissions no later than 25 days prior to the voting day. The text of the ballot shall be printed only on one side thereof.
4. In case of voting for candidates ballots shall contain in an alphabetical orders family names, given names and patronymic names of all registered candidates their year of birth, place of residence, the official place of work or service, occupation and the information about nominators. A candidate's affiliation to a public association shall be specified in the ballot only with consent of the candidates. If the given candidate runs for election also on a list of candidates, this information shall be indicated in the ballot.
5. If voting is held for lists of candidates a ballot for voting in elections shall indicate, in the order to be determined by lot, the names of electoral associations, electoral blocs and in cases provided by federal constitutional laws, federal laws, laws of Subjects of Russian Federation also the first and last names and patronymics of the candidates from the list and logo (logos) of electoral associations, electoral blocs.
6. To the right of the data of each candidate, name of electoral association, electoral bloc specified in Clause 4 of this Article an empty box shall be located. On the bottom of the list of candidates the line «Against All Candidates» with an empty box to the right of it shall be located.
7. The ballot for voting in a referendum shall accurately reproduce the formulation of the issue put to the referendum and indicate the voting options - «yes» or «no» with empty squares underneath. If several issues, drafts of a law (article of a law) are put to the referendum, they may be included in one ballot for voting in a referendum, with the issues, the drafts of a law (article of a law) being consecutively numbered and separated from each other by horizontal lines. If the referendum is on drafts of a law (articles of a law) the ballot shall either reproduce its text or unambiguously relate the contents of this text.
8. Ballots, ballots for referendum shall be printed in Russian. Upon decision of the relevant election commission, referendum commission ballots may be printed in Russian and another state language of the relevant Subject of the Russian Federation and in the languages of peoples of the Russian Federation in the territory of their residence, if required. Should ballots be printed in two or more languages in the electoral precinct, referendum precinct, the text in Russian shall be printed in each ballot, ballot for referendum.
9. After rejection of defective ballots the printing shop shall, on the basis of a transfer act, transfer ballots for voting in elections, a referendum to members of the election commission, referendum commission which placed an order for ballots for voting in elections, a referendum in accordance with a federal constitutional law, federal law, law of Subject of Russian Federation. Having transferred the number of ballots as per the order the employees of the printing shop in the presence of members of an election commission, referendum commission, agents of candidates, electoral associations, electoral blocs, representatives of a referendum initiative group shall destroy the rejected and surplus ballots for voting in elections, a referendum and shall draw up a relevant certificate which must be signed by all persons present thereat.
10. An election commission, a referendum commission which received ballots for voting in elections, a referendum from the printing shop shall, on the basis of a transfer act, transfer them to lower election commissions, referendum commissions, which, proceeding in the same manner transfer them directly to lower election commissions, referendum commissions, down to and including. precinct election commissions, referendum commissions.
11. The responsibility for correct transfer of ballots for voting in elections, a referendum shall be borne by chairmen of election commissions, referendum commissions who receive and transfer the ballots.
12. Ballots for voting in elections, a referendum shall be transferred to territorial (district) election commissions, referendum commissions no later than 20 days prior to the voting day and to precinct election commissions, referendum commissions no later than 4 days prior to the voting day.
13. The number of ballots, ballots for referendum transferred in accordance with the act to the precinct election commission, referendum commission shall be determined by the decision of a higher election commission, referendum commission. The number of ballots transferred to a precinct election commission, referendum commission shall not exceed by more than 0.5 per cent the number of voters included on the voter list for the election precinct as of the day of transfer.
14. On the right hand upper corner of the front side of the ballot, ballot for referendum two members of the precinct election commission, referendum commission shall sign and the seal of precinct election commission, referendum commission shall be affixed.
15. In case of a withdrawal of several candidates (list of candidates) after the ballots have been printed the precinct election commission, upon instruction of the election commissions that registered the candidates (list of candidates), shall cross the data on the relevant candidates (list of candidates) out of the ballots.
16. In extraordinary cases, in compliance with this Federal Law, federal constitutional laws, other federal laws, laws of Subjects of Russian Federation, it shall be allowed to produce electoral documents including ballots, ballots for referendum, directly by the precinct election commission, referendum commission in electoral precincts, referendum precincts formed at remote areas and areas with difficult access, on vessels navigating on voting day, at polar stations, provided all required technical equipment is available. A decision regarding the production of electoral documents, indicating the required number of ballots shall be made by the precinct election commission, referendum commission upon agreement with the higher election commission.
Article 52. Voting Procedure
1. Voting at elections and referenda of the Russian Federation shall be conducted on a calendar day-off. The time of the beginning and end of voting shall be set by federal constitutional laws, federal laws, laws of the Russian Federation and, in the case of a local referendum, by charters of municipal units.
2. Territorial precinct election commissions, referendum commissions shall inform voters, referendum participants of the time and place of voting not later than 20 days prior to voting day through the mass media or otherwise and, in case of early or repeat voting, - in the procedure and within the terms specified by federal constitutional laws, federal laws, laws of Subjects of Russian Federation, however not later than 5 days prior to voting day.
3. Each voter, referendum participant shall vote personally. Voting for other voters, referendum participants shall be prohibited.
4. Ballots, ballots for referendum shall be issued to voters, referendum participants enrolled on the voter list, list of referendum participants upon presentation of the passport or other ID and in the case when a voter, referendum participant votes by absentee certificate upon presentation of the absentee certificate as well.
5. Upon receipt of a ballot for voting in elections, a referendum a voter, referendum participant shall write the series and number of his/her passport or an equivalent ID in the list of voters, referendum participants. With the consent or on the request of a voter, referendum participant the series and number of his/her passport may be entered in the list of voters, referendum participants by a voting member of precinct election commission, referendum commission with decisive vote. The voter, referendum participant shall check the correctness of the entry and put his/her signature. When a person votes on the basis of an absentee certificate for voting in elections, a referendum, additional notes shall be made in the list of voters, referendum participants.
6. A voter, referendum participant shall vote by putting any sign in the ballot in the box (boxes) attributed to the candidate (candidates) or the list of candidates in favor of whom he/she makes the choice or «Against All Candidates (Lists of Candidates)» and in the ballot for referendum by placing any sign in the box (boxes) attributed to the issue (issues) in favor of which the choice is made.
7. A ballot for voting in elections, a referendum shall be marked by a voter, referendum participant in a specially outfitted booth or some other specially outfitted place where no other persons are present.
8. If a voter, referendum participant thinks that he/she made a mistake when marking a ballot for voting in elections, a referendum, he/she may ask the member of an election commission, referendum commission who had issued him/her a ballot to give him/her a new ballot in place of the spoilt one. The member of an election commission, referendum commission shall issue a new ballot for voting in elections, a referendum and make a corresponding note in the list of voters, referendum participants against the name of this voter, referendum participant. The spoilt ballot shall be canceled and an act shall be drawn up to this effect.
9. A voter, referendum participant who is unable to sign for the receipt of a ballot for voting in elections, a referendum or mark the ballot may ask another voter, referendum participant to help him/her if this person is not a member of an election commission, referendum commission, a registered candidate, an authorized representative of an electoral association, electoral bloc, an agent of a candidate, electoral association, electoral bloc, an observer.
10. Completed ballots, ballots for referendum shall be put by voters, referendum participants into sealed ballot boxes, referendum boxes.
11. A member of precinct election commission, referendum commission shall be immediately removed and an observer and other persons shall be withdrawn from the voting premises if they try to hinder the activities of election commission, referendum commission or the implementation of the electoral rights, the right to participate in the referendum by a citizen of the Russian Federation, or to violate the ballot secrecy principle. Such decision shall be made by the precinct election commission, referendum commission. In this case, the commission shall be entitled to apply to the relevant bodies, requesting to bring the removed member of precinct election commission, referendum commission or the withdrawn observer to liability, stipulated by federal laws.
Article 53. Procedure for Early Voting
1. A voter, referendum participant who, on voting day will be absent from his/her place of residence and is enable to come to the precinct election commission, referendum commission in the electoral precinct, referendum precinct where he/she is enrolled on the voter list, list of referendum participants, shall be provided with an opportunity to vote earlier by completing a ballot, ballot for referendum on the premises of the relevant, territorial, district 15 - 4 days prior to voting day) or precinct election commission, referendum commission (not earlier than 3 days prior to voting day. The election commission, referendum commission shall ensure voting by secret ballot and preclude any possible distortion of the will of voter, of the voter referendum participant, ensure safety of ballots, ballots for referendum and count the votes of voters, referendum participants during determination of vote returns and election, referendum results.
2. If a voter, referendum participant votes on the premises of a territorial (district) election commission, referendum commission, signatures of two members of the territorial (district) election commission, referendum commission shall be put at the upper right on the face side of the ballot for voting in elections, a referendum issued to him/her, the said signatures to be certified by a seal of the territorial (district) election commission, referendum commission. A territorial (district) election commission shall draw up a list of voters, referendum participants who have voted earlier (early). A precinct election commission, referendum commission shall continue the list of voters, referendum participants who have voted earlier, which it receives from the territorial (district) election commission.
3. The ballot for voting in elections, a referendum marked by a voter, referendum participant who voted earlier shall be put by the voter, referendum participant in an envelope and sealed. On the sealed place of the envelope two members of the territorial (district) or precinct election commission, referendum commission, respectively, shall put their signatures and these signatures shall be certified by a seal of the appropriate election commission, referendum commission and by a signature of the voter, referendum participant who voted earlier.
4. The sealed envelope with ballots for voting in elections, a referendum shall be kept by the secretary of the appropriate election commission, referendum commission on the premises of a territorial (district) election commission, referendum commission until all ballots are handed over to a precinct election commission, referendum commission and on the premises of a precinct election commission, referendum commission up to the voting day.
5. On the voting day, after officially opening the voting premises in the presence of members of a precinct election commission, referendum commission, observers, other persons indicated in Clause 1 of Article 26 of this Federal Law before the beginning of voting the chairman of a precinct election commission, referendum commission shall announce the number of voters, referendum participants who voted earlier, produce for visual examination sealed envelopes with ballot for voting in elections, a referendum and the list of voters, referendum participant who voted earlier, After that he shall open each envelope, one after another, and keeping secret expression of the voters' will drop the ballots for voting in elections, a referendum into a permanent voting box. Before the beginning of voting the number of voters, referendum participants who voted earlier (separately for the territorial (district) and the precinct election commission, referendum commission) shall be entered in lines 3 and 4 of the protocol of the voting returns and in the enlarged form of the protocol of voting returns and an inscription «voted earlier» shall be made in the list of voters, referendum participants against the corresponding names of voters, referendum participants.
6. In the cases, and in the procedures provided for by Federal constitutional laws, federal laws, laws of Subjects of Russian Federation, the relevant election commissions, referendum commissions shall be entitled, upon agreement with a higher election commission, referendum commission to make decision regarding early elections, however, not earlier than 20 days prior to voting day, for remote areas with difficult access, at vessels navigating on voting day, at polar stations, in one of more electoral districts, referendum precincts.
Article. 54. Procedure for Voting Outside Voting Premises in Elections, a Referendum
1. The precinct election commission, referendum commission shall provide an opportunity to vote for voters, referendum participants who on election day, referendum day stay in the territory of that electoral precinct, referendum precinct and who may not independently for any good reason (health conditions, incapability, etc.) arrive at the voting premises.
2. Voting outside voting premises shall be carried out only on the voting day and only on the basis of a written application or an oral request (which may be relayed through other persons) of a voter, referendum participant for a possibility to vote outside voting premises An application (request) of a voter, referendum participant regarding voting outside the voting premises may be made at any time after the precinct election commission, referendum commission has been formed, however, not later than the time set in compliance with Clause 5 of this Article. The precinct election commission, referendum commission shall register set application (request) in a special log (register).
3. An entry registering an oral request in the log indicated in Clause 2 of this Article shall indicate the time when the request was received and shall be certified by a signature of commission member who received the request by telephone or from a person relaying a message. Upon arrival of commission members to the voter, referendum participant the request shall be confirmed by a written application.
4. An application for a possibility to vote outside voting premises shall indicate the reason for which the voter, referendum participant is unable to come to the voting premises and shall contain the same data about the voter, referendum participant as are contained in the list of voters, referendum participants.
5. A federal constitutional law, federal law, law of Subject of Russian Federation and, for a local referendum, also a charter of a municipal unit shall establish the deadline for the reception of such applications (requests) on the voting day, the said deadline to be set at not later than 4 hours before the end of voting.
6. The precinct election commission, referendum commission shall have a required number of mobile ballot boxes that shall be determined, however, not more than three by the decision of the higher election commission, referendum commission.
7. Members of the precinct election commission, referendum commission accompanying the mobile ballot box to service requests shall receive ballots, ballots for referendum and sign for the receipt. Voting outside voting premises shall be conducted by at least two members of the precinct election commission, referendum commission with decisive vote who shall have a mobile ballot box that has been preliminary sealed in the precinct election commission, referendum commission and the required number of ballots, ballots for referendum of the established format, the endorsed extract from the voter list, list of referendum participants specified in Clause 2 of this Article containing necessary data regarding the voter, referendum participant and the submitted application (request) regarding voting outside voting premises as well as necessary writing tools so that the voter, referendum participant be able to complete the ballot, ballot for referendum.
8. Voting outside the voting premises shall be carried out in accordance with the provisions of Article 52 of this Federal Law.
9. On his/her written application for a possibility to vote outside the voting premises a voter, referendum participant shall indicate the series and number of his/her passport or an equivalent ID and confirm by his/her signature the receipt of a ballot for voting in elections, a referendum. Members of the commission shall confirm the issue of a ballot for voting in elections, a referendum by putting their signatures on the application. Notes shall also be made on the application indicating the receipt of a new ballot instead of a spoilt one and, if a voter, referendum participant receives two or more ballots (taking into account the kinds and levels of elections, a referendum) the total number of received ballots.
10. Members of a precinct election commission, referendum commission, who come to voters, referendum participants in response to their applications (requests) shall issue ballots for voting in elections, a referendum only to those voters, referendum participants whose applications (requests) have been registered in the log as provided by Clause 2 of this Article.
11. The series and number of the passport or an equivalent ID of a voter, referendum participant who voted outside the voting premises shall be entered in the list of voters, referendum participants by the voting members of a precinct election commission, referendum commission who went to voters, referendum participants in response to their applications (requests). At the same time, an inscription «Voted outside voting premises» shall be made in the appropriate column (columns) of the list of voters, referendum participants.
12. When voting is carried out outside the voting premises members of an election commission with deliberative vote, observers may be present at the voting. In this case, a precinct election commission, referendum commission shall provide equal possibilities for coming to the place of voting to voting members of a precinct election commission, referendum commission who are sent to conduct the voting and to not less than two members of the election commission, referendum commission with deliberative vote, observers appointed by various candidates, electoral associations, electoral blocs. Voting outside the voting premises shall be organized so as to prevent any violations of electoral rights of voters, the right to participate in a referendum of referendum participants and distortion of a voter's and a referendum participant's will.
13. Should a voter, referendum participant who submitted an application (request) regarding voting outside voting premises arrive at the premises of the precinct election commission, referendum commission to participate in voting, after the commission members left for his/her place to provide voting outside voting premises, the correspondent member of the precinct election commission, referendum commission shall not be entitled to issue such person a ballot, ballot for referendum on the premises of the precinct election commission until the commission members accompanying mobile ballot boxes left to service the application (request) of said voter, referendum participant have returned, and until it has been proved that voting outside the polling station by said voter, referendum participant did not take place.
14. The number of written applications of voters, referendum participants issued, used or returned ballots shall be indicated in a separate act which also shall specify the data on the members of the precinct election commission, commission for the referendum with deliberative vote and observers present at the procedure of voting outside voting premises.
Article 55. Protocol of Voting Returns Drawn Up by Precinct Election Commissions, Referendum Commissions
1. A precinct election commission, referendum commission shall draw up a protocol of voting returns for the given electoral precinct, referendum precinct.
2. The protocol of voting returns of a precinct election commission, referendum commission shall contain the following:
a) No. of the copy;
b) the level of the elections, referendum;
c) the word «Protocol»;
d) the name of the election commission, referendum commission, No. of the election precinct, referendum precinct;
e) the lines of the protocol:
- line 1: the number of voters, referendum participants enrolled on the list;
- line 2: the number of ballots, ballots for referendum received by the precinct election commission, referendum commission;
- line 3: the number of ballots, ballots for referendum issued to voters, referendum participants who voted earlier; including a separate line, line 4 - on the premises of the territorial (district) election commission, referendum commission;
- line 5: the number of canceled ballots, ballots for referendum;
- line 6: the number of ballots, ballots for referendum issued to voters, referendum participants in the electoral precinct, referendum precinct on voting day;
- line 7: the number of ballots, ballots for referendum issued to voters, referendum participants voted outside voting premises;
- line 8: the number of ballots, ballots for referendum contained in the mobile ballot boxes;
- line 9: the number of ballots, ballots for referendum contained in the stationary ballot boxes;
- line 10: the number of valid ballots, ballots for referendum;
- line 11: the number of invalid ballots, ballots for referendum; including separate lines, lines 12 and 13 - the number of ballots, found invalid on the basis of Clause 12 of Article 56 of this Federal Law and the number of unmarked ballots;
- line 14 and subsequent lines:
- the number of votes cast for each of the item contained in the ballots including «Against All Candidates, (Lists of Candidates)», the number of votes of referendum participants cast «for» or «against» the items contained in the ballot for referendum.
- If a federal constitutional law, federal law, a law of Subject of Russian Federation provides for voting on the basis of absentee certificates in elections, referenda, the protocol of voting returns shall also contain the following lines:
- line 13a: the number of absentee certificates for the election for the referendum received by the precinct election commission, referendum commission;
- line 13b: the number of absentee certificates for the election for the referendum issued by the precinct election commission, referendum commission to voters, referendum participants at the polling station in the electoral precinct, referendum precinct prior to election day, referendum day;
- line13c: the number of voters, referendum participants who voted on the basis of absentee certificates for voting in elections, a referendum at the election, referendum polling station;
f) the list of complaints (applications), acts and other documents attached to the protocol;
g) the names and initials of the chairman, deputy chairman, secretary and other members of the election commission, referendum commission and their signatures;
h) the signing date and time of the protocol;
i) the seal of the election commission, referendum commission.
3. The numbers indicated in Clause 2 of this Article shall be entered in the protocol of voting returns in numeral and in words.
Article 56. Procedure for Counting Votes of Voters, Referendum Participants and Drawing Up Protocols of Voting Returns in Precinct Election Commissions, Referendum Commissions
1. The votes of voters and referendum participants shall be counted openly and publicly by the voting members of a precinct election commission, referendum commission.
2. Counting of votes of voters, referendum participants shall begin immediately after the voting time expires and shall be carried out without a break until the voting returns are determined, the said voting returns to be made known to all members of the precinct election commission, referendum commission as well as observers.
3. After the voting time expires, the voting members of the precinct election commission, referendum commission in the presence of observers, persons indicated in Clause 1 of Article 26 of this Federal Law shall count and cancel, by cutting off the lower left corner, unused ballots for voting in elections, a referendum (care shall be taken to leave intact the signatures of commission members and the commission seal on the ballot), announce the number of unused ballots and ballots spoilt by voters, referendum participants in the course of voting and enter these data in line 5 of the protocol of voting returns and in the enlarged form of this protocol displayed on the voting premises.
4. Before votes of voters and referendum participants begin to be directly counted from the ballots for voting in elections, a referendum the chairman, deputy chairman or secretary of a precinct election commission, referendum commission shall ascertain, declare and enter the following data into lines 1 and 2 of the protocol of voting returns and in its enlarged form:
- the number of voters, referendum participants on the list;
- the number of ballots for voting in elections, a referendum received by a precinct election commission, referendum commission (this number shall not include the number of ballots removed from envelopes in which they had been placed by voters, referendum participants who voted earlier on the premises of a territorial (district) election commission, referendum commission).
5. If a federal constitutional law, federal law, law of Subject of Russian Federation provides for voting on the basis of absentee certificates in elections, a referendum the following data shall be entered in lines 13a, 13b and 13c of the protocol of voting returns and in its enlarged form:
- the number of absentee certificates for voting in elections, a referendum, which were received by the precinct election commission, referendum commission;
- the number of absentee certificates for the election for the referendum received by the precinct election commission, referendum commission;
- the number of absentee certificates for the election and for the referendum issued by the precinct election commission, referendum commission to voters, referendum participants at the polling station in the electoral precinct, referendum precinct prior to the election day, referendum day;
- the number of voters, referendum participants who voted on the basis of absentee certificates for voting in elections, a referendum at the elections, referendum polling station.
6. Then, the following data shall be entered in lines 6 and 7 of the protocol of voting returns and in its enlarged form:
- the number of ballots, ballots for referendum issued to voters, referendum participants in the electoral precinct, referendum precinct on voting day;(to be established from the number of signatures of voters, referendum participants in the list of voters, referendum participants);;
- the number of ballots, ballots for referendum issued to voters, referendum participants voted outside the voting premises (to be established from the number of appropriate notes in the list of voters, referendum participants);
7. After this, the chairman or secretary of the election commission, referendum commission shall take steps to ensure safekeeping of the list of voters, referendum participants making it inaccessible for persons participating in vote counting. Further work on the list of voters, referendum participants shall not be carried out before the control relationships of data entered in the protocol of voting returns are checked as provided by Clause 20 of this Article.
8. Direct counting of votes of voters, referendum participants shall be carried out by the voting members of the precinct election commission, referendum commission from ballots for voting in elections, a referendum located in the ballot boxes.
9. Members of the precinct election commission, referendum commission with deliberative vote, observers, other persons listed in Clause 1 of Article 26 of this Federal Law may be present at direct counting of votes.
10. Direct counting of votes of voters, referendum participants shall be carried out in rooms specially provided for the purpose and fitted out so as to allow access to them for members of the election commission, referendum commission with decisive and deliberative vote. Members of the election commission, referendum commission, with the exception of the chairman (deputy chairman) and secretary of the election commission, referendum commission shall not use any writing utensils in vote counting. The actions of members of the precinct election commission, referendum commission shall be fully visible to all persons present at the counting.
11. When directly counting the votes the precinct election commission, referendum commission shall separate ballots for voting in elections, a referendum which do not conform to a standard format. Such ballots shall not be reckoned in the counting of votes.
12. First of all, the commission shall count ballots for voting in elections, a referendum located in portable ballot boxes. Before the portable ballot boxes are opened it shall be necessary to make sure that the seals on the boxes are intact. Votes shall be counted so as to avoid violating the secrecy of voting. The number of ballots of a standard format taken out of the boxes shall be announced and entered in line 8 of the protocol of voting returns and in its enlarged form. If the number of ballots in the portable box has been found to be larger than the number of applications of voters, referendum participants which contain a note indicating the number of received ballots, all ballots in the given portable box shall be declared invalid by a resolution of the precinct election commission, referendum commission and this shall be recorded in a separate act which shall be attached to the protocol of voting returns. The act shall indicate the last names and initials of the members of the election commission, referendum commission who organized voting outside the voting premises using this ballot box. The number of ballots thus declared invalid shall be entered in line 12 of the protocol of voting returns and in its enlarged form.
13. Stationary ballot boxes shall be opened after the seals thereon have been found intact.
14. Members of the precinct election commission, referendum commission shall sort out ballots for voting in elections, a referendum taken out of the portable and stationary ballot boxes according to votes cast for each candidate (each list of candidates) and according to votes cast against all candidates (lists of candidates), according to votes cast for the options «yes» and «no» in the ballots for voting in a referendum and, simultaneously, separate ballots which do not conform to a standard format and invalid ballots. Voting members of the precinct election commission, referendum commission shall announce notes made by voters, referendum participants on ballots for voting in elections, a referendum and show ballots for to all persons present at the direct counting. The contents of two and more ballots for voting in elections, a referendum shall not be announced simultaneously.
15. Then, votes of voters, referendum participants shall be counted according to ballots of a standard format. No less than two members of the election commission, referendum commission shall count the ballots for voting in elections, a referendum separately for each candidate, list of candidates, options «yes» and «no.» The counting data shall be entered in line 14 and subsequent lines of the protocol of voting returns and in its enlarged form.
16. Invalid ballots shall be counted and summed up separately. Ballots for voting in elections, a referendum shall be pronounced invalid if they make it impossible to establish the expression of a voter's, referendum participant's will. If any doubts arise in pronouncing a ballot invalid, the precinct election commission, referendum commission shall decide the matter by voting and the reasons for invalidating the ballot shall be indicated on its back. This inscription shall be certified by signatures of no less than three commission members and the seal of the commission. The number of invalid ballots shall be entered in lines 11 and 13 of the protocol of voting returns and in its enlarged form.
17. Members of the precinct election commission, referendum commission shall count the number of valid ballots for voting in elections, a referendum and shall enter this number in line 10 of the protocol of voting returns and in its enlarged form.
18. Members of the precinct election commission, referendum commission shall count the number of ballots of a standard format in the stationary ballot boxes, announce this number and enter it in line 9 of the protocol of voting returns and in its enlarged form.
19. After this, members of an election commission, referendum commission with deliberative vote, observers may visually examine the sorted out ballots under supervision of voting members of the precinct election commission, referendum commission.
20. Then, the control relationships of data entered in the protocol of voting returns shall be checked. If the control relationships do not coincide, the precinct election commission, referendum commission shall take a decision to carry out additional counting of votes for all or some of the lines of the protocol of voting returns.
21. The protocol of voting results shall be filled out in three copies and shall be signed by all present voting members of the precinct election commission, referendum commission indicating the signing date and time (hour, minutes).
22. If some voting members of the precinct election commission, referendum commission are absent when the protocol of voting returns is filled out, a note to this effect shall be made in the protocol, indicating the reason for their absence. The protocol of voting returns shall be valid if it is signed by the majority of the established number of voting members of the given election commission, referendum commission.
23. The protocol of voting returns shall not be filled out with a pencil and no changes shall be made therein. At the signing of the protocol the voting members of the precinct election commission, referendum commission who dissent from the continents of the protocol may attach their dissenting opinion to the protocol and a note to this effect shall be made in the protocol.
24. Upon a request of a member of the precinct election commission, referendum commission, an observer or other persons indicated in Clause 1 of Article 26 of this Federal law immediately after signing of the protocol of voting returns the precinct election commission, referendum commission shall provide a copy of the protocol of voting returns to these persons or allow them to make its copy, and shall certify this copy.
25. The first copy of the protocol of the precinct election commission, referendum commission on vote returns when signed by all members of the precinct election commission, referendum commission with decisive vote present shall be immediately forwarded to a higher election commission, referendum commission. Dissenting opinions of voting members of the precinct election commission, referendum commission, complaints (statements) received by the election commission, referendum commission about violations of the appropriate law, the charter of a municipal unit on the basis of which the elections, referendum are held and resolutions of the election commission, referendum commission taken in response to these complaints (statements) as well as acts drawn up by the precinct election commission, referendum commission shall be attached to the first copy of the protocol of voting returns. Certified copies of the aforementioned documents and resolutions of the precinct election commission, referendum commission shall be attached to the second copy of the protocol.
26. The second copy of the protocol together with the electoral documentation and documentation relating to the preparation and holding of the referendum provided for by federal constitutional laws. federal laws. laws of Subjects of Russian Federation, charters of municipal units including ballots for voting in elections, a referendum as well as the seal of the precinct election commission, referendum commission shall be kept by the secretary of the precinct election commission, referendum commission under a seal in a guarded room until the commission finishes its work.
27. The third copy of the protocol shall be displayed for public acquaintance at the place established by the precinct election commission, referendum commission.
28. In cases and in a manner provided by federal constitutional laws, federal laws, laws of Subjects of Russian Federation, precinct election commissions, referendum commissions may use technical devices to count votes cast in elections, a referendum, including scanners of ballots for voting in elections, a referendum. The voting returns determined with the aid of these technical devices shall be regarded as a preliminary information having no legal force, unless provided otherwise by federal constitutional laws, federal laws, laws of Subjects of Russian Federation.
29. When technical devices are used for vote counting no vote counting data shall be disclosed until the end of voting at the elections, referendum polling station with the exception of the data concerning the total number of voters who participated in the voting.
30. The data recorded in the protocol of voting returns shall be transmitted over technical communication channels in an electronic form (by means of the state automated information system or any other technical system) to the higher election commission, referendum commission. Subsequently, as a mandatory requirement, the first copy of the protocol of voting returns and all electoral documentation, documentation relating to a referendum, including ballots for voting in elections, a referendum shall be handed over to the higher election commission, referendum commission directly or through diplomatic and consular missions of the Russian Federation or in another manner ensuring the preservation of the electoral documentation, documentation relating to a referendum and its proper delivery.
31. The procedure for using a technical system for transmission of information concerning elections, a referendum, the manner and time of transmission, processing and utilization of this information, including the data of the protocol of voting returns transmitted over technical communication channels in an electronic form shall be approved by the Central Election Commission of the Russian Federation.
Article 57. Processing of Voting Returns in Territorial, District Election Commissions, Referendum Commissions, Election Commissions of Subjects of Russian Federation, the Central Election Commission of the Russian Federation
1. The first copies of protocols of voting returns of the precinct, territorial, district election commissions, referendum commissions, election commissions of Subjects of Russian Federation, immediately after they have been signed by the members of the election commission, referendum commission, shall be presented to the election commission, referendum commission of the next higher level, including the election commission, referendum commission which determines the results of the appropriate elections, referendum.
2. Having made a preliminary check of protocols of voting returns to make sure that they have been drawn up correctly the higher election commission, referendum commission shall sum up the data of the protocols to determine the voting returns for the given territory, district, subject of the Russian Federation. The data contained in the protocols of lower election commissions, referendum commissions shall be summed up directly by voting members of higher election commissions, referendum commissions.
3. On the basis of the voting returns the higher election commission, referendum commission shall draw up a protocol to record the data concerning the number of election commissions, referendum commissions of the next lower level in the given territory, district, subject of the Russian Federation, the number of protocols of voting returns received from election commissions, referendum commissions of the next lower level, and, on the basis of these protocols shall draw up a protocol of voting returns and sum up the data in the lines of protocols of precinct election commissions, referendum commissions specified by Clause 2 of Article 55 of this Federal law.
4. The protocols of all election commissions, referendum commissions indicated in Clause 1 of this Article shall be drawn up in three copies and shall be signed by all present voting members of the election commission, referendum commission. Attached to the protocols shall be a summary table, in triplicate, of the voting data for the appropriate territory, district, subject of the Russian Federation, for the Russian Federation including the full data of all protocols of voting returns received by the given election commission, referendum commission. A voting member of the election commission, referendum commission who dissents from the whole protocol or parts thereof may attach his/her dissenting opinion to the protocol, in which case a note to this effect shall be made in the protocol.
5. Dissenting opinions of members of the election commission, referendum commission which has drawn up the protocol of voting returns as well as the complaints (statements) received by the given election commission, referendum commission about violations of this Federal Law, appropriate federal constitutional laws, other federal laws, laws of Subjects of Russian Federation, charters of municipal units and resolutions taken in response to these complaints (statements) shall be attached to the first copy of the protocol. Certified copies of the dissenting opinions, complaints (statements) and resolutions of the given election commission, referendum commission shall be attached to the second copy of the protocol.
6. After its signing the first copy of the protocol of the election commission, referendum commission shall be immediately sent to the election commission, referendum commission of the next higher level together with the first copy of the summary table of voting returns.
7. The second copy of the protocol together with the second copy of the summary table of voting returns and the lists of members of the given election commission, referendum commission with deliberative vote which has drawn up the protocol, observers, other persons indicated in Clause 1 of Article 26 of this Federal Law, who were present when the voting returns were determined and the protocols drawn up, along with the other documentation provided for by federal constitutional laws, federal laws, laws of Subjects of Russian Federation, charters of municipal units shall be kept by the secretary of the given commission in a guarded room.
8. The third copy of the protocol and the third copy of the summary table of voting returns shall be made available for examination and copying to members of the election commission, referendum commission which has drawn up the protocol and to members with deliberative vote of higher election commissions, referendum commissions, observers, other persons indicated in Clause 1 of Article 26 of this Federal Law.
9. If, after the protocol of voting returns and/or the summary table was signed and their first copies were sent to the higher election commission, referendum commission, the election commission, referendum commission which sent the protocol, summary table detected an inaccuracy (slip of the pen, misprint, error in the summing up of the data of lower election commissions, referendum commissions), it may, at its meeting, consider a question of correcting the protocol and/or the summary table. It shall be mandatory that the commission make its decision known to its members with deliberative vote, observers and other persons who were present when the protocol approved earlier was drawn up and also to representative of the mass media. In this case, the election commission, referendum commission shall draw up a protocol of voting returns marked with an inscription «Updated.» This protocol shall be immediately sent to the higher election commission, referendum commission.
10. Upon detection of errors, inconsistencies in the protocols of voting returns and/or summary table of voting returns and when doubts arise as to correctness of the protocols and/or summary tables received from the lower election commission, referendum commission the higher election commission, referendum commission may resolve that the lower election commission, referendum commission recount votes of voters, referendum participants or that the given commission itself recount votes of voters, referendum participants in the given electoral precinct, referendum precinct, in the given territory. Votes of voters, referendum participants shall be recounted in the presence of a voting member (voting members) of the higher election commission, referendum commission by the election commission, referendum commission which drew up and approved the protocol to be checked or by the commission that resolved that votes of voters, referendum participants be recounted. The election commission, referendum commission which recounts votes of voters, referendum participants shall inform about the recounting the members with deliberative vote of the given election commission, referendum commission, observers, candidates, other persons indicated in Clause 1 of Article 26 of this Federal law who shall be entitled to be present at the recounting of votes of voters, referendum participants. On the basis of the results of the recounting of votes of voters, referendum participants the election commission, referendum commission which carried out the recounting shall draw up a protocol of voting returns marked with an inscription «Recounting of votes.» The protocol shall be immediately sent to the higher election commission, referendum commission.
Article 58. Procedure for Determination of Election, Referendum Results
1. The election commission, referendum commission authorized to do so by a federal constitutional law, federal law, law of Subject of Russian Federation, charter of a municipal unit shall determine the results of the elections, referendum on the basis of the first copies of the protocols of voting returns received from the election commissions, referendum commissions of the next lower level by summing up the data of these protocols. The election, referendum results shall be determined by the voting members of this commission personally. A protocol and a summary table of the election, referendum results shall be drawn up in three copies and signed by all present voting members of the given election commission, referendum commission.
2. The elections shall be pronounced by an appropriate election commission not to have taken place if the number of voters who took part in the elections is smaller that that established by appropriate federal laws, laws of Subjects of Russian Federation or if the number of votes cast by voters for a candidate who polled a larger number of votes than the other candidate (candidates) is smaller than the number of votes cast by voters against all candidates and, also, if none of the lists of candidates has polled a number of votes required under federal laws, laws of Subjects of Russian Federation for taking part in the distribution of mandates. In this case, new elections shall be called.
3. The appropriate election commission, referendum commission shall declare the voting returns, results of elections, referendum of Subject of Russian Federation, local referendum null and void:
4. All documents of election commissions, referendum commissions of all levels, including ballots and absentee certificates shall be stored for the time set forth by this Federal Law, federal constitutional laws, other federal laws, laws of Subjects of Russian Federation. In this case, the duration of the storage of ballots may not be less than one year of the day of the publication of vote returns, election, referendum results and the time for the storage of protocols of election commissions and summary tables shall be not less than one year of the date of the successive election announcement.
5. The procedure for storage and transfer to archives of the documents related to the preparation and administration of elections, referenda shall be established by the Central Election Commission of the Russian Federation upon agreement with the relevant state archives.
Article 59. Repeat Voting and Repeat Elections
1. Organization and administration of repeat voting as well as ranging the candidates participants of the repeat voting (run-off) in the ballot shall be stipulated by federal constitutional laws, federal laws, laws of Subjects of Russian Federation.
2. If one of the candidates who are to participate in repeat voting on the basis of the previous voting, has withdrawn before voting day his/her place, upon decision of the election commission in charge of the determination of the election results, shall be given to the candidate participating in the previous voting who gained the next largest number of votes.
3. Federal constitutional laws, federal laws, laws of Subjects of Russian Federation may stipulate voting with regard to one candidate during repeat voting, should after all other candidates have withdrawn, only one candidate remain in the ballot as of the day of repeat voting. In this case, should a candidate gain not less than 50 per cent of votes of those participating in the voting he/she shall be regarded as elected.
4. Should all candidates be removed the election shall be postponed for additional nomination of candidates and performance of other electoral activities required, however, not more than for 90 days. In this case, the terms for electoral activities may be reduced, however, not more than by 1/3.
5. Should the election be recognized as not having taken place, invalid, a repeat election shall be announced in the procedure and in the terms stipulated by federal laws, laws of Subjects of Russian Federation. The repeat election shall be held not later than in 4 months from the day of the initial election or not later than 3 months from the date when the election was recognized as invalid. For the repeat election the terms for electoral activities may be reduced by 1/3, upon decision of the relevant election commission. An announcement regarding repeat elections shall be published in the mass media.
Article 60. Publication of Vote Returns and Results of Election Referendum
1. Vote returns for each electoral precinct, referendum precinct, territory under the jurisdiction of an election commission, election results for an electoral district, referendum results to the scope of the data contained in the protocol of the relevant election commission, referendum commission, an immediately subordinate election commissions, referendum commissions shall be provided for review to voters, referendum participants, candidates, candidate agents, agents of electoral associations, electoral blocs, initiative groups for referendum, observers, foreign (international) observers, representative of the mass media, upon their request. The said data shall be provided by an election commission, referendum commission.
2. The election commission that registered candidates (list of candidates), referendum commission that determined the referendum results shall forward general information on election results in the electoral district, referendum results to the mass media within 24 hours after the election, referendum results are determined.
3. The official publication of election, referendum results as well as the data regarding the number of votes obtained by each candidate (list of candidates), votes cast against all candidates (list of candidates) votes of referendum participants cast for the «for» or «against» lines shall be exercised by the relevant election commission, referendum commission within the time limits set by, federal laws, laws of Subjects of Russian Federation, however not later than one month from voting day.
4. Election commissions, referendum commissions at all levels with the exception of the precinct commissions, referendum commissions shall have published the data contained in the protocols of election commissions, referendum commissions of the corresponding level on results of the election, referendum and the protocols of subordinate election commissions, referendum commissions on vote returns on the basis of which the election, referendum results were determine by the relevant election commissions, referendum commissions. The complete information on election, referendum results shall be officially published within 3 months of voting day.
Article 61. Legal Force of Referendum Decisions
1. A decision made at a referendum of the Russian Federation shall be generally binding and shall not need additional approval.
2. A decision made at a referendum of the Russian Federation shall be valid in the entire territory of the Russian Federation. A decision made at a referendum of Subjects of Russian Federation shall be valid in the territory of such Subject of the Russian Federation. A decision made at a local referendum shall be valid in the territory of the relevant municipal unit.
3. A decision made at a referendum of Subject of Russian Federation, local referendum shall be registered in the bodies of state power or the bodies of local self-government in the procedures set for the registration of normative and legal acts of the relevant level.
4. A decision made at a referendum of Subject of Russian Federation, local referendum, may be canceled or altered by another decision made at a referend
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