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Chapter X. Voting and Establishment of Election Results
Article 74. Polling Station
Article 75. Ballots
Article 76. Absentee Certificate
Article 77. Voting Procedure
Article 78. Early Voting
Article 79. Voting Outside the Polling Station On Voting Day
Article 80. Protocols of Vote Returns of a Precinct Election Commission
Article 81. Counting of Votes and Preparation of Protocols of Vote Returns of a Precinct Election Commission
Article 82. Determination of Vote Returns by a Territorial Election Commission
Article 83. Establishment of Election Results for the Single-Seat Electoral District and Determination of Vote Returns for the Federal Electoral District
Article 84. Establishment of Election Results for the Federal Electoral District
Article 85. Establishment of General Election Results
Article 86. Methodology of Proportional Distribution of Deputy Seats
Article 87. Repeat Elections
Article 88. Registration of Elected Deputies of the State Duma
Article 89. Publication of Vote Returns and Results of the Election of Deputies of the State Duma
Article 90. Use of the State Automated Information System
Article 91. Safekeeping of Electoral Documentation
Article 74. Polling Station
1. The polling station shall be placed at the disposal of a precinct election commission free of charge by the head of a municipality (if the charter of the municipality does not provide for an office of head of a municipality, by a person authorized to do so by the representative body of local self-government), and, in the cases provided by this Federal Law, by the commanding officer of a military unit, ship captain, head of a polar station, head of a diplomatic or consular mission of the Russian Federation.
2. The polling station shall have a hall with booths or other special places for secret voting, provided with a lighting system and writing utensils other than pencils.
3. Inside or directly in front of the polling station a precinct election commission shall set up a notice-board for displaying the following information about all candidates, federal lists of candidates and about all political parties, electoral blocs entered in the ballot:
(1) the biographical data of candidates in the scope established by the Central Election Commission of the Russian Federation but not less detailed than the data indicated in the ballot;
(2) if a candidate, federal list of candidates were nominated by a political party, an electoral bloc, the words «nominated by the political party (electoral bloc)» and the name of the given political party, electoral bloc;
(3) if a candidate nominated his candidature himself, the word «self-nominated»;
(4) information about the method of the registration of a candidate, federal list of candidates (on the basis of voter signatures, electoral deposit). This information need not be indicated in the cases provided by Clauses 6 to 8, Article 45 of this Federal Law;
(5) information about the income and property of candidates within the scope established by the Central Election Commission of the Russian Federation;
(6) information from the financial reports of political parties (including political parties comprised in electoral blocs), which registered federal lists of candidates, about verification of these reports by tax authorities of the Russian Federation, within the scope established by the Central Election Commission of the Russian Federation;
(7) information, if any, about the inaccuracy of the data submitted by candidates in accordance with Clause 7, Article 38, Clauses 4 and 11, Article 41 of this Federal Law.
4. If a registered candidate, including a candidate on a federal list of candidates, has a conviction that has not been cancelled and annulled, this fact shall be indicated in the information materials;
5. If, apart from Russian citizenship a registered candidate, including a candidate on a federal list of candidates, has foreign citizenship, the information materials shall indicate this fact and the name of the corresponding foreign state.
6. The notice-board shall display samples of marked ballots which must not contain names of candidates registered in the given single-seat electoral district, names of candidates on registered federal lists of candidates, names of political parties, electoral blocs participating in this election.
7. Information about registered candidates, political parties, electoral blocs shall be arranged in the information materials in the order which was determined when the form and the text of ballots were approved.
8. The materials displayed on the notice-board shall be free from any election propaganda.
9. The notice-board shall display excerpts from the criminal and administrative legislation of the Russian Federation establishing responsibility for the violation of electoral rights of Russian Federation citizens. A precinct election commission shall arrange these materials so that voters could easily read them.
10. At the polling station there shall be federal lists of candidates registered by the Central Election Commission of the Russian Federation.
11. Enlarged forms of the protocols of vote returns shall be provided at the polling station to record vote returns as they are determined. The enlarged form of the protocol of vote returns shall be posted before the commencement of voting so that it is within the field of vision of members of a precinct election commission, observers, at a distance at which they can read the information contained therein.
12. Inside the polling station there shall be stationary ballot boxes. The functions of stationary ballot boxes may be performed by vote-counting machines, including programmed technical complexes for processing of ballots. Vote-counting machines shall be used in the procedure established by the Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum,» in accordance with the Instructions approved by the Central Election Commission of the Russian Federation.
13. The polling station shall be fitted out so that the places where ballots are issued, as well as the voting booths and the ballot boxes are all located within the field of vision of members of a precinct election commission, observers.
Article 75. Ballots
1. Ballots shall be documents subject to strict accountability. Numbering of ballots shall not be allowed. The procedure for controlling the production of ballots and their quantity shall be approved by the Central Election Commission of the Russian Federation not later than 45 days before voting day.
2. Ballots shall be produced with the use of special paper (paper with water marks or colored paper) or special paint. A ballot blank shall be provided with a micro-inscription or a protective grid printed thereon.
3. At the election of deputies of the State Duma printed ballots shall be produced for the federal electoral district and for single-seat electoral districts. Ballots for voting in the federal electoral district and in single-seat electoral district shall differ in form. The form and the Russian text of the ballot for the federal electoral district and the form of the ballot for a single-seat electoral district shall be approved by the Central Election Commission of the Russian Federation not later than 32 days before voting day. The Russian text of the ballot for a single-seat electoral district shall be approved by a district election commission not later than 29 days before voting day. The text shall be printed only on one side of the ballot.
4. A ballot for the federal electoral district shall contain the abbreviated names of political parties, electoral blocs, which registered federal lists of candidates, and their emblems (if the emblems were submitted to the Central Election Commission of the Russian Federation in accordance with Clause 4, Article 35 of this Federal Law) printed in black and white. Under the name of each electoral bloc there shall be abbreviated names of political parties, other all-Russia public associations comprised in this electoral bloc. Lot-drawing shall be organized by the Central Election Commission of the Russian Federation with participation of authorized representatives of political parties, electoral blocs not later than 36 days before voting day. The number drawn by a political party, an electoral bloc shall be retained by them until the end of the election campaign. Placed under the name of a political party, an electoral bloc shall be the surname, first name and patronymic of each of the first three candidates from the federal part of a federal list of candidates nominated by this political party, electoral bloc. In each Russian Federation subject, after the aforementioned information the ballot shall also indicate the name of the regional group of candidates on the federal list of candidates of the given political party, electoral bloc, corresponding to the given Russian Federation subject, and the surname, first name and patronymic of each of the first three candidates from this regional group of candidates. If a federal list of candidates does not have a federal part, the ballot shall indicate the name of the regional group of candidates and the surname, first name and patronymic of each of the first three candidates from this regional group of candidates.
5. A blank box shall be placed to the right of the name of each political party, each electoral bloc. A line reading «Against all federal lists of candidates» with a blank box to the right thereof shall be placed at the end of the list of political parties, electoral blocs.
6. In the ballot for a single-seat electoral district surnames of registered candidates shall be arranged in the alphabetical order. The ballot shall contain the following information about each candidate:
(1) the surname, first name, patronymic;
(2) the year of birth;
(3) the place of residence (name of a Russian Federation subject, raion, city, other populated center);
(4) the main place of work or service, official position (occupation if there is no main place of work or service). If a candidate is a deputy and exercises his powers on a non-permanent basis, this fact and the name of the representative body;
(5) if a candidate was nominated by a political party, an electoral bloc, the words «Nominated by the political party (electoral bloc)» and the abbreviated name of the political party, electoral bloc;
(6) if a candidate nominated his candidature himself, the word «self-nominated»;
(7) information about the method of registration (on the basis of voter signatures, electoral deposit). This information need not be indicated in the cases provided by Clauses 6 and 7, Article 45 of this Federal Law.
If a registered candidate indicated his membership in some public association in accordance with Clause 8, Article 38 or Clause 4, Article 41 of this Federal Law, the ballot shall also indicate the abbreviated name of this public association and the status of the registered candidate in this public association.
If a registered candidate is also nominated on a federal list of candidates, this fact shall be indicated in the ballot.
A blank box shall be placed to the right of the data of each registered candidate. A line reading «Against all candidates» with a blank box to the right thereof shall be placed at the end of the list of registered candidates.
7. If a registered candidate whose surname, first name and patronymic is indicated in the ballot has a conviction that has not been cancelled and annulled, the ballot shall indicate the information about the candidate's conviction. If a registered candidate whose data is indicated in the ballot has Russian Federation citizenship and foreign citizenship, the ballot shall indicate the information about the foreign citizenship of the registered candidate. The information about convictions and foreign citizenship shall be indicated in the ballot on the basis of the appropriate documents submitted to an election commission before approval of the text of the ballot.
8. Each ballot shall contain marking instructions.
9. Ballots shall be printed in the Russian language. Subject to a decision of the election commission of a Russian Federation subjects, ballots shall be printed in the Russian language and in the official language of the given republic comprised in the Russian Federation and, in the necessary cases, in the languages of the peoples of the Russian Federation on the territories where they are concentrated. If ballots for an electoral precinct are printed in two or more languages, the Russian text shall be printed on each ballot. The text of the ballot in the official languages of a Russian Federation subject and in the languages of the peoples of the Russian Federation shall be approved by the election commission of a Russian Federation subject not later than 27 days before voting day.
10. Ballots for voting in the federal electoral district shall be printed only by a decision of the Central Election Commission of the Russian Federation in printshops adequately equipped for production of electoral documents, not later than 22 days before voting day. Ballots for voting in single-seat electoral districts shall be printed not later than 22 days before voting day only by a decision of the election commissions of Russian Federation subjects or, subject to a resolution of the Central Election Commission of the Russian Federation, by a decision of district election commissions, in printshops adequately equipped for production of electoral documents. The quantity of ballots produced for the election of deputies of the State Duma shall not exceed by more than three percent the number of voters registered in the federal electoral district and in each single-seat electoral district.
11. Ballots produced by a printshop shall be inspected and defective ballots rejected by the personnel of the printshop under the supervision of voting members of the election commission which placed an order for the ballots and then ballots shall be handed over to the members of this election commission on the basis of a certificate. The certificate must indicate the date and time when it was drawn up and the quantity of ballots being handed over. After the ballots packed in bundles are handed over in the quantity corresponding to the order, the personnel of the printshop shall destroy rejected and surplus ballots (if any) and shall draw up a certificate to this effect. A relevant election commission shall notify all members of the election commission, candidates, political parties, electoral blocs (their representatives) of the time when and the place where ballots are to be inspected and handed over to the election commission. The printshop shall allow at least one representative from each candidate, political party, electoral bloc to be present when all these actions are performed and each of these persons may put his signature on the certificates mentioned in this clause.
12. After receiving ballots from a printshop an election commission which placed an order for the ballots shall, not later than 20 days before voting day, deliver the ballots to territorial election commissions in the presence of members of a district election commission, on the basis of a certificate indicating the date and time when it was drawn up and the quantity of the ballots being delivered. The quantity of ballots to be delivered to each territorial election commission shall be determined by a decision of a district election commission but it shall not exceed by more than 2.5 percent the number of voters registered on the territory of a relevant single-seat electoral district. The ballots remaining after the delivery of ballots to territorial election commissions shall be handed over to a district election commission. Proceeding in the same manner a territorial election commission shall deliver ballots to precinct election commissions not later than four days before voting day. The quantity of ballots to be delivered to each precinct election commission shall not be less than 90 percent of the number of voters included in the voters list for the given electoral precinct as of the day of the delivery of ballots and shall not exceed this number by more than 0.5 percent. If the number of voters included in the voters list is less than 200, two extra ballots shall be supplied to a precinct election commission. Precinct election commissions formed outside the territory of the Russian Federation or territorial election commissions formed in accordance with Clause 3, Article 21 of this Federal Law may be supplied with ballots directly by an election commission which placed an order for ballots, in the procedure established by the Central Election Commission of the Russian Federation.
13. Signatures of two voting members of a precinct election commission certified by the commission's seal shall be put at the upper right on the face of all ballots received by the precinct election commission.
14. The responsibility for the delivery and safekeeping of ballots shall be borne by chairmen of election commissions which deliver, accept and keep the ballots.
15. If any candidates withdraw from the election, or if the registration of federal lists of candidates of any political parties, electoral blocs is cancelled or the lists are recalled after ballots have been produced, territorial and precinct election commissions shall, on the instruction of the election commissions which registered these candidates, federal lists of candidates, cross out the data of these candidates, political parties, electoral blocs on ballots. If additional data of a political party, an electoral bloc, registered candidate is to be entered in printed ballots or if such data is to be changed then, subject to a decision of the Central Election Commission of the Russian Federation, the required changes or additions may be introduced in ballots by members of a district election commission, territorial election commission, precinct election commission by hand or with the use of a stamp.
16. Should a decision to register a candidates, federal list of candidates be taken less than seven days before voting day, after ballots have been produced, an election commission which registered such candidate, federal list of candidates may resolve that the data of this registered candidate, federal list of candidates be entered in printed ballots by hand or with the use of technical facilities.
17. In exceptional cases, in electoral precincts formed in remote and hard-to-reach regions, on ships at sea on voting day, at polar stations, at electoral precincts established outside the territory of the Russian Federation electoral documents, including ballots, may be printed by a precinct election commission itself. A decision to produce electoral documents, indicating the required quantity of ballots and the deadline for their production, shall be taken by this precinct election commission with the concurrence of a relevant territorial election commission.
18. On voting day, after the voting time ends, district, territorial election commissions shall count and cancel unused ballot and draw up a certificate to this effect. The persons indicated in Clause 5, Article 31 of this Federal Law may be present when ballots are being cancelled. Cancelled ballots shall be sealed and handed over for safekeeping to the secretary of an election commission.
Article 76. Absentee Certificate
1. An absentee certificate shall be a document subject to strict accountability. The form of an absentee certificate and the procedure for its production, the quantity of absentee certificates and the form of a register of issued absentee certificates as well as the requirements to the production of absentee certificates shall be approved by the Central Election Commission of the Russian Federation not later than 60 days before voting day. The form of an absentee certificate shall be such as to allow the following to be entered in the absentee certificate: the surname, first name and patronymic of the voter; the number of the electoral district and the number of electoral precinct where the voter is included in the voters list at the place of residence. Absentee certificates shall be delivered from the higher election commission to a lower election commission in the same manner as ballots. The responsibility for the delivery and safekeeping of absentee certificates shall be borne by the chairmen of election commissions which deliver, accept and keep absentee certificates.
2. A voter unable, on voting day, to come to the polling station of an electoral precinct where he is included in the voters list may receive an absentee certificate from a relevant territorial election commission (45 to 25 days before voting day), precinct election commission (24 and less days before voting day) of the given precinct and take part in the voting within the electoral district where the given voter is entitled to an active electoral right in accordance with Clauses 1 and 2, Article 4 of this Federal Law, in the electoral precinct where he will be on voting day
3. Based on a written application of a voter indicating the reasons why the voter needs an absentee certificate a relevant election commission shall issue an absentee certificate either to the voter personally or to his representative provided with a notarized power of attorney. A power of attorney may also be certified by the administration of a hospital (if a voter is undergoing medical treatment at this hospital), by the administration of an institution where suspects or defendants are confined (if a voter is held in this institution as a suspect or defendant).
4. A territorial election commission shall issue absentee certificates to voters on the basis of the information about the voters submitted to the commission by the head of a municipality (if the charter of the municipality does not provide for an office of head of a municipality, by a person authorized to do so by the representative body of local self-government) in accordance with the regulation on the State System for Registration of Voters, Referendum Participants. A territorial election commission shall keep a register of issued absentee certificates indicating the surname, first name and patronymic of the voter, year of birth (for voters 18 years old - also the day and month of birth), address of the place of residence. Twenty five days before voting day, together with the first copy of the voters list a territorial election commission shall furnish to precinct election commissions certified excerpts from the register of issued absentee certificates indicating the data of voters registered in the territory of these electoral precincts, who received absentee certificates. Based on such excerpt a precinct election commission shall make appropriate notes in the voters list.
5. A voter or his representative shall sign for receipt of an absentee certificate in the register of issued absentee certificates (in a territorial election commission) or in the voters list (in a precinct election commission), indicating the series and number of his passport or an equivalent identity document. In this case, this voter shall be removed from the voters list of the given electoral precinct at the given election and shall not be reckoned in when a precinct election commission counts the number of registered voters to prepare its protocol.
6. An absentee certificate shall be valid if it bears the seal of a territorial or precinct election commission and is signed by a member of a territorial or precinct election commission who issued the absentee certificate.
7. On voting day, upon production of an absentee certificate, a voter shall be put on the voters list in any other electoral precinct within the electoral district where the voter is entitled to an active electoral right, after which the absentee certificate shall be withdrawn. When signing for a ballot (ballots) in the voters list this voter shall additionally indicate his place of residence.
8. On voting day, before the voting time begins, unused absentee certificates shall be cancelled and a corresponding certificate shall be executed by a territorial or precinct election commission.
Article 77. Voting Procedure
1. Voting shall be conducted from 8.00 to 20.00, local time.
2. Territorial and precinct election commissions shall inform voters about the time and place of voting not later than 20 days before voting day through the mass media or by other methods and, when early voting is to be conducted in accordance with Article 78 of this Federal Law, not later than five days before early voting day.
3. A precinct election commission formed on ships at sea, in military units, at polar stations, in remote and hard-to-reach regions may declare voting to be completed ahead of the time specified in Clause 1 of this Article if all voters on the voters list have voted.
4. At 8.00 on voting day, the chairman of a precinct election commission shall declare the polling station open and shall invite the members of a precinct election commission, voters and persons indicated in Clause 5, Article 31 of this Federal Law, who are present at the polling station, to examine empty stationary and mobile ballot boxes. Then the ballot boxes shall be sealed by the seal of a precinct election commission. The chairman of a precinct election commission shall also show to the said persons sealed mobile ballot boxes containing ballots marked in accordance with Clauses 2 to 9, Article 78 of this Federal Law by early voters (if any).
5. Voting members of a precinct election commission shall receive ballots from the chairman of a precinct election commission for issuance to voters and shall sign for their receipt. After that the chairman of a precinct election commission shall invite voters to start voting.
6. Ballots shall be issued to voters included in the voters lists upon production of a passport or an equivalent identity document and also an absentee certificate, if a voter votes on the basis of an absentee certificate. Each voter may receive two ballots: one ballot for voting in the federal electoral district and one ballot for voting in the given single-seat electoral district, save the cases provided by Clause 11 of this article. If a voter votes on the basis of an absentee certificate at the place of his temporary stay outside the single-seat electoral district where the voter is entitled to an active electoral right in accordance with Clauses 1 and 2, Article 4 of this Federal Law, he shall receive only one ballot - the ballot for voting in the federal electoral district. Before issuing ballots to a voter a member of the election commission shall check to make sure that the voter has not voted early, no written or oral application of the voter for voting outside the polling station has been recorded in the register indicated in Clause 2, Article 79 of this Federal Law, no voting members of the election commission have been sent to the voter to conduct voting outside the polling station.
7. When receiving ballots, a voter shall write the series and number of his passport or an equivalent identity document in the voters list. With the consent or at the request of a voter the series and number of his passport or an equivalent identify document may be entered in the voters list by a voting member of a precinct election commission. A voter shall check the correctness of the entry and shall sign for receipt of each ballot. The member of the election commission who issued ballots to a voter shall also put his signature in the corresponding column of the voters list. If a voter votes on the basis of an absentee certificate, a note to this effect shall be made in the voters list.
8. A voter shall vote by putting any mark in the box to the right of the candidate or the federal list of candidates chosen by the voter or the box to the right of the words «Against all candidates» («Against all federal lists of candidates»).
9. Each voter shall vote in person. Voting for other voters shall not be allowed, save as otherwise provided by Clause 10 of this article. Ballots shall be marked in a booth or some other place specially prepared for secret voting, where the presence of other persons shall not be allowed, save as otherwise provided by Clause 10 of this article.
10. A voter who is not able to sign for receipt of ballots or mark the ballots by himself may be assisted by another voter who is not a member of the election commission, or a registered candidate, or an authorized representative or agent of a political party, an electoral bloc, registered candidate, or an observer. In this case, a voter shall orally inform the election commission of his intention to ask for assistance in marking the ballot. The surname, first name and patronymic, series and number of the passport or an equivalent identity document of the person assisting such voter shall be indicated in the appropriate column (columns) of the voters list.
11. If a voter thinks that he has made a mistake when marking a ballot, he may ask the election commission member who had issued the ballot to give him a new ballot in place of the spoilt one. The election commission member shall issue a new ballot to the voter, note this fact in the voters list against the name of this voter and sign the note. The spoilt ballot bearing an appropriate note and a signature of a voting member of the election commission shall be immediately cancelled.
12. Voters shall drop marked ballots into a sealed stationary ballot box.
13. The chairman of a precinct election commission shall maintain order at the polling station. Instructions of the chairman issued within the scope of his competence shall be mandatory for all persons present in the polling station. In the absence of the chairman of a precinct election commission his functions shall be performed by the deputy chairman of a precinct election commission, and, in the absence of the deputy chairman, by the secretary of the commission or some other voting member of the given election commission authorized thereby.
14. Persons indicated in Clause 5, Article 31 of this Federal Law may be present at the polling station during the voting, when votes are being counted and when a precinct election commission is preparing the protocol of vote returns. Based on their credentials a precinct election commission shall make up a list of persons who observed the progress of voting and tabulation of votes.
15. A member of a precinct election commission shall be immediately barred from participation in its work and an observer and other persons shall be expelled from the polling station if they commit a violation of the electoral laws of the Russian Federation. In such cases a reasoned decision shall be taken by a precinct election commission or a higher election commission. The decision shall be taken in writing. The law enforcement authorities shall enforce the decision and take steps to bring the barred member of a precinct election commission, expelled observer and other persons to responsibility under Russian Federation laws.
16. Registered candidates and their agents, political parties, electoral blocs and their agents and authorized representatives as well as the organizations, which are founded, owned, possessed by the said persons and organizations and/or which have governing bodies where the said persons and organizations are represented, other natural persons and legal entities acting at the request or on the instructions of the said persons and organizations shall not take any actions to arrange for transportation of voters for participation in voting.
Article 78. Early Voting
1. A district election commission may allow all voters in one of or several electoral precincts on ships at sea on voting day, at polar stations, in other remote and hard-to-reach areas to vote early but not earlier than 15 days prior to voting day. In this case, early voting shall be conducted in accordance with the rules established by Article 77 of this Federal Law. Immediately after the end of early voting votes cast by voters shall be counted and vote returns shall be determined in accordance with the requirements of Clauses 80 and 81 of this Federal Law.
2. If separate groups of voters included in the voters list of an electoral precinct remain at places which are far away from the polling station and are inaccessible or hard to reach by any means of transport (at polar stations and in other remote and hard-to-reach areas) and, therefore, early voting cannot be conducted in the whole electoral precinct in accordance with Clause 1 of this article, a district election commission may, with the concurrence of the election commission of a Russian Federation subject, allow these groups of voters to vote early, but not earlier than 15 days before voting day, in the course of several days, in the procedure established by Clauses 3 to 9 of this article.
3. Early voting indicated in Clause 2 of this article shall be conducted with the use of mobile ballot boxes, the quantity of such boxes being determined by a relevant precinct election commission. Before early voting starts, at the premises of a precinct election commission empty mobile ballot boxes shall be shown to and examined by the majority of the commission's members and the persons indicated in Clause 5, Article 31 of this Federal Law, and an appropriate certificate shall be executed to record this fact. After that, empty mobile ballot boxes shall be sealed (seals shall be affixed to the ballot boxes).
4. Two voting members of a precinct election commission shall put their signatures at the upper right on the face of each ballot issued to an early voter and their signatures shall be certified by a seal of a precinct election commission.
5. Early voting outside the polling station shall be conducted by not less than two voting members of a precinct election commission. They shall be provided with a mobile ballot box sealed beforehand in a precinct election commission; the required number of ballots of a standard form; an excerpt from the voters list containing the data of the voters whom they are going to visit to conduct early voting, or the voters list; the necessary writing utensils (excepting pencils) for voters to mark ballots.
6. An early voter shall sign for each ballot issued to him in the excerpt from the voters list or in the voters list. Members of a precinct election commission who conduct early voting shall make a note in the said excerpt or in the said voters list to indicate that the voter voted early and shall indicate the date and time of voting. If a voter put his signature in the excerpt from the voters list, these notes as well as the series and number of the passport or an equivalent identity document shall be entered in the voters list after the end of early voting. The said excerpt from the voters list shall be kept together with the voters list. The entries made in the voters list shall be signed by members of a precinct election commission who conducted early voting.
7. A voter shall mark the ballot and drop it into a mobile ballot box as provided in Article 77 of this Federal Law.
8. A certificate shall be drawn up to record the fact of early voting, indicating the day and time of voting, the number of voters who received ballots for participation in early voting, the names of the election commission members and other persons present at the voting. This certificate shall be kept together with the mobile ballot box.
9. After the end of early voting the slots for ballots in mobile ballot boxes shall be sealed by the chairman of a precinct election commission. Arrangements for safekeeping of mobile ballot boxes shall be made by the secretary of a precinct election commission. Mobile ballot boxes shall not be opened till the beginning of vote counting at the polling station. Mobile ballot boxes containing ballots dropped there by early voters shall not be used for voting on voting day.
10. Early voting may be witnessed by persons indicated in Clause 5, Article 31 of this Federal Law. When early voting is to be conducted with the use of mobile ballot boxes, a precinct election commission shall make arrangements for at least two persons from among non-voting members of the election commission, observers appointed by different registered candidates, political parties, electoral blocs to have the same possibilities to go to the place where early voting is to be conducted as the voting members of a precinct election commission who are to conduct early voting .
11. Early voting shall be conducted only at the time established by the decision of a relevant precinct election commission. This time shall be made known to voters and persons indicated in Clause 5, Article 31 of this Federal Law through the mass media and/or by other means.
12. When conducting early voting an election commission shall ensure the secrecy of voting, prevent any possibility of the expression of the voters' will being distorted, make arrangements for safekeeping of ballots and ensure that the votes of voters are reckoned in when the vote returns are determined and election results are established.
Article 79. Voting Outside the Polling Station On Voting Day
1. A precinct election commission shall make arrangements to enable voters to vote if they are entitled to be on, or are included in, the voters list in the given electoral precinct but are unable to come to the polling station for valid reasons (poor health, physical disability). A precinct election commission may determine that the reason why election commission members are called out is untenable and refuse to conduct voting outside the polling station.
2. Save as otherwise provided by Article 78 of this Federal Law, voting outside the polling station shall be conducted only on voting day and only on the basis of a written or oral application of a voter (which may be relayed through other persons) for voting outside the polling station. Such application may be made by a voter at any time after the formation of a precinct election commission but not later than four hours before the end of the voting time on voting day. A precinct election commission shall record all received applications in a special register and, after the end of voting, shall keep this register together with the voters list.
3. An entry in the register mentioned in Clause 2 of this article recording an oral application shall indicate the time when the application was received; the surname, first name and patronymic of the voter who stated his intention to vote outside the polling station; the voter's place of residence. The entry shall be signed by a member of a precinct election commission who received the application (telephone call, message, etc.). If such application was relayed by another person, the register shall also indicate the surname, first name and patronymic of this person. Upon the arrival of members of a precinct election commission to the voter, the voter shall confirm his oral application by a written application which shall be registered with the indication of the time when it was received.
4. A written or oral application of a voter for voting outside the polling station must state the reason why the voter is unable to come to the polling station and must indicate the same data of the voter as is contained in the voters list. A precinct election commission may determine that the reason why a voter is unable to come to the polling station unaided is untenable and, on this basis, refuse to allow the voter to vote outside the polling station.
5. At least 30 minutes before the departure of members of a precinct election commission, the chairman of the precinct election commission shall announce that commission members are going to conduct voting outside the polling station.
6. A precinct election commission shall have the necessary number (but not more than three) of mobile ballot boxes to conduct voting in accordance with this article, the number of such boxes being determined by a decision of the precinct election commission.
7. Voting members of a precinct election commission who conduct voting outside the polling station on the basis of written or oral applications of voters shall receive ballots and sign for their receipt. Voting outside the polling station shall be conducted by not less than two voting members of a precinct election commission who shall bring with them a mobile ballot box sealed beforehand at the precinct election commission; the required number of ballots of the standard form; a certified excerpt from the register indicated in Clause 2 of this article, containing the necessary data of the voters and the information about the received written and oral applications of voters for voting outside the polling station (an appropriate note shall be made in the register when this extract is issued); the written applications for voting outside the polling station; the necessary writing utensils (excepting pencils) for voters to mark the ballots. Voting outside the polling station may be conducted by one voting member of a precinct election commission, provided that not less than two persons indicated in Clause 12 of this article are present at the voting.
8. Voting outside the polling station shall be conducted in accordance with the provisions of Article 77 of this Federal Law.
9. In the written application for voting outside the polling station the voter shall indicate the series and number of his passport or an equivalent identity document and the address of the place of residence and shall sign for receipt of each ballot. With the consent or at the request of the voter the series and number of his passport or an equivalent identify document may be entered in the application by a voting member of a precinct election commission. Voting members of a precinct election commission shall confirm the issuance of ballots by putting their signatures on the written application of the voter. A corresponding note shall be made on the application when a new ballot is issued in place of a spoilt one.
10. The voting members of a precinct election commission who conduct voting outside the polling station on the basis of written or oral applications of voters shall issue ballots only to those voters whose written or oral applications were recorded in the register as provided by Clause 2 of this Article.
11. The series and number of the passport or an equivalent identity document of a voter who voted outside the polling station shall be entered in the voters list by the voting members of a precinct election commission who conducted voting outside the polling station on the basis of written or oral applications of voters. At the same time, the words «Voted outside the polling station,» signed by the commission members indicated above, shall be written in the appropriate column (columns) of the voters list.
12. When voting is carried out outside the polling station, non-voting members of an election commission, observers may be present at the voting. In this case, a precinct election commission shall provide the same possibilities to come to the place of voting both for voting members of the precinct election commission who conduct voting outside the polling station and for not less than two non-voting members of the election commission, observers appointed by different candidates, political parties, electoral blocs. Voting outside the polling station shall be organized so as to prevent any violations of electoral rights of citizens and distortion of the expression of a voter's will.
13. If a voter who made a written or oral application for voting outside the polling station comes to the polling station to vote after voting members of a precinct election commission were sent to him to conduct voting outside the polling station, a member of a precinct election commission shall not issue a ballot to this voter at the polling station until the commission members who organize voting outside the polling station in response to a written or oral application of this voter come back and it has been established that the voter has not voted outside the polling station.
14. A separate certificate shall be drawn up to record the number of written and oral applications of voters for voting outside the polling station and the number of issued, used and returned ballots. The certificate shall also indicate the non-voting members of a precinct election commission and observers who were present when voting outside the polling station was conducted with the use of each mobile ballot box.
Article 80. Protocols of Vote Returns of a Precinct Election Commission
1. A precinct election commission shall prepare two protocols of vote returns in the given electoral precinct: Protocol No. 1 of Vote Returns for the single-mandate electoral district and Protocol No. 2 of Vote Returns for the federal electoral district.
2. The protocol of vote returns of a precinct election commission shall be drawn up on one sheet. In exceptional cases the protocol may consist of more sheets than one and each sheet of such protocols shall be numbered, signed by all present voting members of a precinct election commission and sealed with the commission's seal. Each of the protocols of a precinct election commission indicated in Clause 1 of this article shall contain the following:
(1) copy No.;
(2) the name of the election, date of voting, name and number of the electoral district;
(3) the word «Protocol» ;
(4) the name of the election commission and the number of the electoral precinct;
(5) the following lines of the protocol:
line 1: number of voters on the voters list as of the end of voting, who are entitled to an active electoral right in the given electoral district;
line 2: number of ballots received by the precinct election commission;
line 3: number of ballots issued to early voters;
line 4: number of ballots issued by the precinct election commission to voters at the polling station on voting day;
line 5: number of ballots issued to voters who voted outside the polling station on voting day;
line 6: number of canceled ballots;
line 7: number of ballots in the mobile ballot boxes;
line 8: number of ballots in the stationary ballot boxes;
line 9: number of invalid ballots;
line 10: number of valid ballots;
line 11: number of absentee certificates received by the precinct election commission;
line 12: number of absentee certificates issued by the precinct election commission at the polling station before voting day;
line 13: number of voters who voted at the polling station on the basis of absentee certificates;
line 14: number of absentee certificates cancelled at the polling station;
line 15: number of absentee certificates issued to voters by a territorial election commission.
3. The following data shall be additionally entered in line 18 and the subsequent lines of Protocol No. 1 of Vote Returns for the single-seat electoral district:
the surnames, first names and patronymics of registered candidates put on the ballot, in the alphabetical order, and, if these names coincide, other data of the candidates, and the number of votes cast for each registered candidate;
the number of votes cast against all candidates.
4. The following data shall be additionally entered in line 18 and the subsequent lines of Protocol No. 2 of Vote Returns for the federal electoral district:
the names of political parties, electoral blocs which registered federal lists of candidates, in the order of their arrangement on the ballot, and the number of votes cast for each federal list of candidates;
the number of votes cast against all federal lists of candidates.
5. The protocol of vote returns shall contain special lines 16 and 17 to be used for entering the information received in the case provided by Clause 20, Article 81 of this Federal Law.
6. The numbers indicated in Clauses 2 to 5 of this article shall be entered in the protocol in numerals and words.
7. Each of the protocols of vote returns indicated in Clause 1 of this article shall contain:
(1) information about the number of complaints (statements) and other documents attached to the protocol, which were received by the precinct election commission on voting day and before the end of vote counting;
(3) the surnames and initials of the chairman, the deputy chairman, the secretary and the other voting members of the election commission and their signatures;
(3) the date and time when the protocol was signed;
(4) the seal of the election commission.
Article 81. Counting of Votes and Preparation of Protocols of Vote Returns of a Precinct Election Commission
1. Votes cast by voters shall be counted openly and publicly, with the results of ballot and vote counting carried out by voting members of a precinct election commission being consecutively announced and entered in the enlarged form of the protocol of vote returns. The persons indicated in Clause 5, Article 31 of this Federal Law shall be allowed to be present at and observe vote counting.
2. After the voting time expires, the chairman of a precinct election commission shall announce that only those voters who are already inside the polling station may receive ballots and vote. Counting of votes cast by voters shall begin immediately after the voting time expires and shall be continued without interruption until the vote returns are determined. The said vote returns shall be made known to all members of a precinct election commission and to persons present at vote counting in accordance with this Federal Law.
3. After the end of voting, voting members of a precinct election commission in the presence of persons indicated in Clause 5, Article 31 of this Federal Law shall count unused ballots, cancel them by cutting off the lower left corner (care shall be taken to avoid damaging the boxes located on the ballots to the right of the data of registered candidates, names of political parties, electoral blocs and to the right of the lines «Against all candidates,» «Against all federal lists of candidates»), announce the number of cancelled ballots obtained by summing up the number of unused ballots and the number of ballots spoilt by voters in the course of voting and enter the number of cancelled ballots in lines 6 of the protocols of vote returns and enlarged forms of these protocols. After that members of a precinct election commission shall announce the number of unused absentee certificates according to the certificate indicated in Clause 8, Article 76 of this Federal Law and enter this number in lines 14 of the protocols of vote returns and their enlarged forms. The cancelled ballots and absentee certificates may be examined by non-voting members of the election commission, observers, foreign (international) observers under the supervision of voting members of the election commission.
4. The chairman, the deputy chairman or the secretary of a precinct election commission shall ascertain and announce the number of ballots received by the precinct election commission and enter this number in lines 2 of the protocols of vote returns and their enlarged forms.
5. Before starting to count votes voting members of a precinct election commission shall enter the following data in each page of the voters list, summarized for this page separately for the single-seat electoral district and the federal electoral district:
(1) the number of voters on the list as of the end of voting (minus the voters issued absentee certificates by a territorial election commission and precinct election commission and voters removed from the voters list for other reasons). The number of voters on the voters list for a single-seat electoral district shall not include voters entered in the list on the basis of absentee certificates if these voters received ballots only for the federal electoral district;
(2) the number of ballots issued to voters at the polling station on voting day (as established on the basis of the number of voter signatures in the voters list);
(3) the number of ballots issued to voters who voted outside the polling station (as established on the basis of the number of appropriate entries in the voters list);
(4) the number of early voters (as established on the basis of the number of appropriate entries in the voters list);
(5) the number of absentee certificates issued by the precinct election commission at the polling station of the electoral precinct before voting day;
(6) the number of voters who voted at the polling station of the electoral precinct on the basis of absentee certificates;
(7) the number of absentee certificates issued to voters by a territorial election commission.
6. After entering the data indicated in Clause 5 of this article the voting member of a precinct election commission who entered this data shall sign each page of the voters list, sum up this data for the pages of the voters list which he signed and announce this data to the chairman, the deputy chairman or the secretary of a precinct election commission and to persons present at vote counting. The chairman, the deputy chairman or the secretary of a precinct election commission shall announce the summarized data obtained by summing up the data established in accordance with Clause 5 of this article for all pages of the voters list, write this data on the last page of the voters list and certify it with his signature and the seal of a precinct election commission. The announced data shall be entered in the corresponding lines of the protocols of vote returns and their enlarged forms:
(1) the number of voters on the voters list as of the end of voting, who are entitled to an active electoral right in the given electoral district - in lines 1;
(2) the number of ballots issued to early voters in accordance with Clauses 2 to 9 of Article 78 of this Federal Law - in lines 3;
(3) the number of ballots issued to voters at the polling station on voting day - in lines 4;
(4) the number of ballots issued to voters who voted outside the polling station on voting day - in lines 5;
(5) the number of absentee certificates received by a precinct election commission - in lines 11
(6) the number of absentee certificates issued by a precinct election commission to voters of this electoral precinct before voting day - in lines 12;
(7) the number of voters who voted in this electoral precinct on the basis of absentee certificates - in lines 13;
(8) the number of absentee certificates issued to voters by a territorial election commission - in lines 15.
After that, the voters list shall be made available for examination to persons indicated in Clause 5, Article 31 of this Federal Law, and non-voting members of a precinct election commission may make sure that the counting was carried out correctly.
7. No further work shall be carried out on the voters list until the control relationships of the data entered in the protocols of vote returns are checked as provided by Clause 20 of this article. In the meantime, the voters list shall be kept in a safe or at a place specially equipped for safekeeping of documents. The chairman or the secretary of a precinct election commission shall make arrangements for the safekeeping of the voters list so as to make it inaccessible to persons present at the polling station.
8. Votes shall be counted by voting members of a precinct election commission from ballots in the ballot boxes.
9. Non-voting members of a precinct election commission, other persons listed in Clause 5, Article 31 of this Federal Law may be present when votes are being counted.
10. Votes shall be counted at the polling station, at special places fitted out so as to allow access to them for voting and non-voting members of a precinct election commission. Voting members of a precinct election commission, with the exception of the chairman (deputy chairman) and the secretary of a precinct election commission, shall not use any writing utensils during vote counting, save as otherwise provided by Clause 15 of this article. The actions of members of a precinct election commission shall be clearly visible to all persons present at vote counting.
11. When sorting out the ballots a precinct election commission shall separate ballots which do not conform to a standard format, i.e., which were not produced officially or are not certified by the election commission. Non-standard ballots shall not be reckoned in when votes are counted. Such ballots shall be packed separately and sealed.
12. First of all, ballots shall be counted in the mobile ballot boxes: first in the boxes containing ballots left by early voters, then in the boxes containing ballots left by voters who voted outside the polling station on voting day. Before each mobile ballot box is opened, the number of voters who voted with the use of the given mobile ballot box shall be announced, the integrity of the seals on the boxes shall be checked and at the request of the chairman of a precinct election commission shall be verified by commission members and other persons present at vote counting. Votes shall be counted so as to avoid violating the secrecy of voting, with non-standard ballots to be put apart. The number of standard ballots taken out of the boxes shall be announced and entered in line 7 of the protocols of vote returns and their enlarged forms. If the number of standard ballots for voting in the federal electoral district or the single-seat electoral district found in the mobile ballot box exceeds the number of notes made in the voters list to indicate that the voter voted early or the number of applications of voters marked to indicate receipt of a ballot for voting in one or the other electoral district, all ballots for such electoral district contained in the given mobile ballot box shall be declared invalid by the decision of a precinct election commission and this fact shall be recorded in a separate certificate which shall be appended to the corresponding protocol of vote returns. The certificate shall indicate the surnames and initials of the members of a precinct election commission who conducted early voting or voting outside the polling station using this mobile ballot box. The number of ballots thus invalidated shall be indicated in the aforementioned certificate and subsequently shall be added to the number of invalid ballots found when the ballots are sorted out. The reason why the ballot was invalidated shall be indicated on the face of all such ballots, on the boxes located to the right of the data of registered candidates, names of political parties, electoral blocs. The corresponding note shall be signed by two voting members of a precinct election commission and certified by the commission `s seal and, when votes are to be counted, such ballots shall be packed separately, sealed and disregarded in vote counting.
13. Stationary ballot boxes shall be opened after the integrity of their seals is verified.
14. Voting members of a precinct election commission shall sort out into separate bundles the ballots taken out of the mobile and stationary ballot boxes, according to the votes cast for each registered candidate, each federal list of candidates and against all candidates, all federal lists of candidates; at the same time, they shall put apart non-standard and invalid ballots for the single-seat electoral district and the federal electoral district. While sorting out the ballots, voting members of the precinct election commission shall read out the notes made by voters on ballots and show ballots for examination to all persons present at vote counting. The notes on two and more ballots shall not be read out simultaneously.
15. Invalid ballots shall be counted and summed up separately. Ballots shall be invalid if they do not contain any marks in the boxes to the right of the corresponding registered candidates, names of political parties, electoral blocs, the words «Against all candidates,» «Against all federal lists of candidates,» or if more boxes than one are marked on a ballot. If any doubts arise with regard to the expression of a voter's will, the ballot shall be put apart in a separate bundle and, after the ballots are sorted out, a precinct election commission shall decide the question of the validity of each doubtful ballot by voting and a note explaining the reasons why the ballot was pronounced valid or invalid shall be made on the back of the ballot. This note shall be certified by signatures of not less than two voting members of the commission and the commission's seal. The ballot pronounced valid or invalid shall be put in the corresponding bundle of ballots. The total number of invalid ballots (including the ballots invalidated in accordance with Clause 12 of this article) shall be announced and entered in lines 9 of the protocols of vote returns and their enlarged forms.
16. After that the sorted out standard ballots shall be counted separately in each bundle, according to the votes cast for each registered candidate, each federal list of candidates and the votes cast against all candidates, against all federal lists of candidates. Ballots shall be counted by moving them from one part on the bundle to the other part so that the persons present at vote counting could see the mark made by the voter on each ballot. Ballots from different bundles shall not be counted simultaneously. The data thus obtained shall be announced and entered in lines 18 and subsequent lines of the protocols of vote returns and their enlarged forms.
17. Then voting members of a precinct election commission shall sum up the data of lines 18 and subsequent lines of the protocols of vote returns, announce the number of valid ballots and enter this number in lines 10 of the protocols of vote returns and their enlarge forms.
18. Voting members of a precinct election commission shall count the number of standard ballots for the federal electoral district and the single-seat electoral district in the stationary ballot boxes, announce this number and enter it in lines 8 of the protocols of vote returns and their enlarged forms.
19. After that observers, foreign (international) observers may examine the sorted out ballots under the supervision of voting members of a precinct election commission, and non-voting members of the commission may make sure that the counting was carried out correctly.
20. After non-voting members of a precinct election commission and observers examine the sorted out ballots the control relationships of the data entered in the protocols of vote returns shall be checked in accordance with Annex 5 to this Federal Law. If these control relationships are not complied with, a precinct election commission shall take a decision to carry out additional vote counting for all or some of the lines of the protocols of vote returns, including additional counting of ballots. If, after additional counting of the data in lines 2, 3, 4, 5, 6 of the protocol of vote returns the control relationships are not complied with again, a precinct election commission shall draw up a statement to this effect to be appended it to the protocol of vote returns and enter the discrepancies in the special lines of the protocol of vote returns: line 16 «Number of lost ballots « and line 17 «Number of ballots unrecorded upon receipt. « If the number indicated in line 2 of the protocol of vote returns is larger than the sum of the numbers indicated in lines 3, 4, 5 and 6 of the protocol of vote returns, the difference between the number indicated in line 2 and the sum of the numbers indicated in lines 3, 4, 5 and 6 shall be entered in line 16 and the numeral «0» shall be put in line 17. If the sum of the numbers indicated in lines 3, 4, 5 and 6 of the protocol of vote returns is larger than the number indicated in line 2 of the protocol of vote returns, the difference between the sum of the numbers indicated in lines 3, 4, 5 and 6 and the number indicated in line 2 shall be entered in line 17 and the numeral «0» shall be put in line 16. If changes have to be made in the protocol of vote returns on the basis of additional counting, a new blank form of the protocol shall be completed and appropriate alterations shall be made in the enlarged form of the protocol. If the control relationships are complied with, the numeral «0» shall be put in lines 16 and 17.
21. After the counting has been completed the ballots shall be packed in separate bundles according to registered candidates, federal list of candidates for whom/which votes are cast in the ballots. Ballots cast against all candidates and all federal lists of candidates as well as invalid and cancelled ballots for the federal electoral district and the single-seat electoral district shall be packed in separate bundles. The bundles shall indicate the number of ballots in the bundle, the surname of the registered candidate, the name of the political party, electoral bloc marked in the ballots or shall bear an inscription «Invalid ballots for the federal electoral district,» «Invalid ballots for the single-seat electoral district,» «Against all candidates,» «Against all federal lists of candidates.» The ballots packed as above as well as the ballots packed in accordance with Clauses 11 and 12 of this article and packed absentee certificates shall be placed in bags or boxes which shall be marked with the number of the electoral precinct, the number (name) of the electoral district, the total number of all packed ballots, the total number of all packed absentee certificates. The bags or boxes shall be sealed and may be opened only by a decision of the higher election commission or a court. Voting and non-voting members of a precinct election commission, other persons indicated in Clause 5, Article 31 of this Federal Law may put their signatures on these bags or boxes.
22. After all necessary actions and counting operations are completed a precinct election commission shall hold a mandatory final meeting at which it shall consider complaints and statements about infractions committed during the voting and then sign the protocols of vote returns of the precinct election commission and issue copies of the protocols to persons indicated in Clause 5, Article 31 of this Federal Law, in accordance with Clause 25 of this article. The protocols of vote returns shall be made in duplicate and shall be signed by all voting members of a precinct election commission present at the meeting, with the indication of the date and time (hours and minutes) when they were signed. If vote returns were obtained by means of technical vote counting facilities, the protocols of vote returns shall become legally valid .after they are signed by the aforementioned persons. The protocols of vote returns shall not be completed with a pencil and no alterations shall be made therein. Signing of such protocol in violation of these rules may constitute a reason for invalidation of this protocol and for a vote recount.
23. If some voting members of a precinct election commission are absent when the protocols of vote returns are prepared, a note to this effect shall be made in the protocols indicating the reason for their absence. The protocols shall be valid if they are signed by the majority of the established number of voting members of the given precinct election commission. If, when a protocol of vote returns is being signed, the signature of at least one voting member of a precinct election commission is put for this member by some other commission member or by some other person, this shall constitute a reason for invalidation of this protocol and for a vote recount.
24 When the protocols of vote returns are being signed voting members of a precinct election commission who dissent from the contents of the protocols may attach their dissenting opinion to the protocols and this fact shall be noted in the protocols.
25. At the request of any member of a precinct election commission, persons indicated in Clause 5, Article 31 this Federal Law, immediately after signing the protocols of vote returns a precinct election commission shall issue a copy of the protocols of vote returns to these persons or allow them to copy the protocols and have these copies certified by the commission. The issuance of such copies shall be recorded by a precinct election commission in a special register and the person who receives a copy shall sign for its receipt in the register. The responsibility for completeness and accuracy of the data contained in a copy of the protocol of vote returns shall be borne by the person who certified this copy.
26. The first originals of the protocols of vote returns of a precinct election commission, after they were signed by all present voting members of a precinct election commission and their copies were issued to or certified for all persons entitled to receive them, shall be, without delay, forwarded to a relevant territorial election commission and shall not be returned to the precinct election commission. Attached to the first originals of the protocols shall be the dissenting opinions of voting members of a precinct election commission; the complaints (statements) about violations of this Federal Law received by an election commission on voting day and before the end of vote counting; the decisions taken by a precinct election commission in connection with these complaints (statements); certificates, statements and registers of the commission. Certified copies of these documents and decisions of a precinct election commission shall be attached to the second originals of the protocols. The first originals of the protocols of vote returns with the attached documents shall be delivered to a territorial election commission by the chairman or the secretary of a precinct election commission or some other voting member of a precinct election commission at the request of its chairman. Such delivery of the protocols may be witnessed by other members of a precinct election commission and by observers sent to the given precinct election commission. All electoral documents of precinct election commissions formed outside the territory of the Russian Federation, including ballots but excluding the first originals of the protocols of vote returns submitted to the higher election commission, shall be kept by diplomatic and consular missions of the Russian Federation for not less than one year from the day of the official publication of the general election results, after which they shall be destroyed on the basis of an appropriate certificate, in the procedure established by the Central Election Commission of the Russian Federation
27. The second originals of the protocols of vote returns shall be made available for examination to persons indicated in Clause 5, Article 31 of this Federal Law and their certified copies shall be displayed to the general public at a place designated by a precinct election commission. After that the second originals of the protocols of vote returns together with the electoral documents stipulated by this Federal Law, including sealed ballots and the lists of the non-voting members of a precinct election commission and persons indicated in Clause 5, Article 31 of this Federal Law who were present at the determination of vote returns and preparation of the protocols, as well as the seal of a precinct election commission shall be handed over for safekeeping to a relevant territorial election commission. Two days before the expiry of the period of the powers of a precinct election commission the copies of the second originals of the protocols kept by a precinct election commission shall be destroyed in the basis of an appropriate certificate.
28. If appropriate equipment is available, immediately after the members of a precinct election commission formed in an electoral precinct on a ship at sea, at a polar station, in a remote or hard-to-reach area or outside the territory of the Russian Federation sign the protocol of vote returns its data shall be transmitted via technical communication channels to the higher election commission. It shall be mandatory that subsequently, at the earliest opportunity, the first originals of the protocols of vote returns and all electoral documents indicated in Clause 26 of this article be submitted to the higher election commission directly or through diplomatic and consular missions of the Russian Federation abroad or in some other manner ensuring preservation of the electoral documents and their proper delivery.
29. The procedure for using a technical system for transmission of information about the election, the manner and periods of transmission, processing and utilization of this information, including the data of the protocols of vote returns transmitted over technical communication channels, shall be approved by the Central Election Commission of the Russian Federation.
30. If, after the protocols of vote returns were signed and their first originals were sent by a precinct election commission to a territorial election commission, a precinct election commission finds any inaccuracy in the protocols (a slip of the pen, misprint or an error in data summation) or if such inaccuracy is found by a territorial election commission in the course of a preliminary verification of the protocols, such precinct election commission shall call a meeting to consider the question of making corrections in the protocols. In its announcement about this meeting to be made in accordance with Clause 2, Article 31 of this Federal Law a precinct election commission shall state that it is going to consider this matter at the meeting. A precinct election commission shall ensure that its decision is made known to non-voting members of the commission, observers and other persons who were present when the previously approved protocol was prepared, as well as to members of the press. In this case, a precinct election commission shall prepare a protocol of vote returns marked «Repeat.» This protocol shall be forthwith sent to a territorial election commission. The previous protocol of vote returns submitted by a precinct election commission to a territorial election commission shall be attached to the corrected protocol.
Article 82. Determination of Vote Returns by a Territorial Election Commission
1. After making sure that the protocols of vote returns of precinct election commissions are executed correctly a territorial election commission shall, not later than the third day after voting day, determine the vote returns for the given territory by summing up all data contained in these protocols, including such data transmitted over technical communication channels from precinct election commissions set up in the electoral precincts on ships at sea, at polar stations, in remote and hard-to-reach areas or outside the territory of the Russian Federation. The data contained in the protocols of vote returns of precinct election commissions shall be summed up directly by voting members of a territorial election commission.
The protocols of precinct election commissions shall be accepted, the data of these protocols shall be summed up and the protocols of vote returns for the given territory shall be prepared in one room so that all actions of members of a territorial election commission when they accept the protocols of precinct election commissions, sum up the data of these protocols and prepare a protocol of vote returns shall be within the field of vision of members of a territorial election commission, observers and other persons indicated in Clause 5, Article 31 of this Federal Law. There shall be an enlarged form of the summary table for the given territory in this room, where the data of the protocols of vote returns of precinct election commission shall be entered and the time of its entry indicated as soon as the first original of the protocol of vote returns is delivered by the chairman, the secretary or some other voting member of a precinct election commission.
The chairman, the secretary or some other voting member of a precinct election commission shall submit the first originals of the protocols of a precinct election commission together with the attached documents to a voting member of a territorial election commission, who shall make sure that the protocols are completed correctly and that all required documents are attached to the protocols. If a territorial election commission has a set of automation facilities of the state automated information system, the data of the protocols of a precinct election commission shall be immediately entered in this system and compliance with the control relationships shall be checked by the system. If the state automated information system is not used, compliance with the control relationships shall be checked by a member of a territorial election commission who checks correct completion of the protocol.
If the protocol of vote returns of a precinct election commission does not meet the requirements of this Federal Law to such protocols, a precinct election commission shall prepare a corrected protocol in accordance with the requirements of Clause 30, Article 81 of this Federal Law and the previously submitted protocol shall remain in a territorial election commission. If the protocol of vote returns of a precinct election commission meets the requirements of this Federal Law to such protocols, a member of a territorial election commission shall enter the data of this protocol in the summary table of the territorial election commission. The chairman, the secretary or some other voting member of a precinct election commission who submitted the protocol of vote returns to a member of a territorial election commission shall put his signature in the enlarged form of the summary table under the data of the protocol of vote returns of the given precinct election commission.
2. The election commissions of Russian Federation subjects shall publish the data of the protocols of vote returns of precinct election commissions in the public information-telecommunications network Internet as this data is entered in the state automated information system, but not later than one day after voting day (for protocols marked «Vote Recount» not later than one day from the vote recount.
3. On the basis of the vote returns, a territorial election commission shall prepare Protocols of Vote Returns No. 1 and No. 2 indicating:
(1) the number of precinct election commissions in the given territory;
(2) the number of Protocols of Vote Returns No. 1 and No. 2 received from precinct election commissions, on the basis of which the protocols of vote returns are prepared by a territorial election commission;
(3) the summary data for all lines of the protocols of vote returns of precinct election commissions established by Clauses 2 to 5, Article 80 of this Federal Law.
4. To sign the protocols of vote returns a territorial election commission shall call a mandatory final meeting, at which it shall consider complaints (statements) about infractions in the conduct of voting, vote counting and preparation of protocols of precinct election commissions and then sign the protocols of vote returns and issue copies of the protocols to persons indicated in Clause 5, Article 31 of this Federal Law. The protocol of vote returns shall be made in duplicate and shall be signed by all voting members of a territorial election commission present at the meeting, with the indication of the date and time (hours and minutes) when the protocols were signed. Signing of a protocol in violation of these rules may constitute a reason for invalidation of this protocol. Any voting member of a territorial election commission who dissents from a whole protocol or any part thereof may attach his dissenting opinion to the protocol and this fact shall be noted in the protocol.
5. The following documents shall be attached to each original of the corresponding protocol:
(1) the summary table of vote returns in the territory for the federal electoral district or the single-seat electoral district, which includes complete data of all protocols of vote returns received from precinct election commissions,
(2) the documents certifying receipt of ballots by a territorial election commission, delivery of ballots to precinct election commissions, cancellation of unused ballots kept in a territorial election commission, with the indication of the number of such ballots;
(3) the documents certifying issuance of absentee certificates to voters by a territorial election commission, delivery of absentee certificates to precinct election commissions and cancellation of unused absentee certificates, with the indication of the number of such certificates.
6. The summary tables and accompanying documents shall be signed by the chairman and the secretary of a territorial election commission.
7. Attached to the first originals of the protocols of vote returns of a territorial election commission shall be the dissenting opinions of members of a territorial election commission; the complaints (statements) about violations of this Federal Law received by a territorial election commission in the period from voting day to the date of the protocol of vote returns of a territorial election commission; the decisions taken by a territorial election commission on such complaints (statements). Certified copies of the dissenting opinions, complaints (statements) and decisions of a territorial election commission shall be attached to the second original of the protocols.
8. Once signed by all present voting members of a territorial election commission, the first originals of the protocols of vote returns of a territorial election commission along with the attached documents and the protocols of precinct election commissions shall be immediately forwarded to a relevant district election commission and shall not be returned to a territorial election commission.
9. The second originals of the protocols of vote returns of a territorial election commission along with the second originals of the summary tables of vote returns and documents indicated in Clause 5 of this article shall be made available for examination and copying to non-voting members of a territorial election commission and higher election commissions and the persons indicated in Clause 5, Article 31 of this Federal Law, and their certified copies shall be displayed to the general public at a place designated by a territorial election commission. Upon elapse of 20 days after voting day the copies of the second originals of the protocols kept by a territorial election commission shall be destroyed on the basis of an appropriate certificate.
10. The second originals of the protocols of vote returns of a territorial election commission together with the second originals of the summary tables of vote returns, the documents indicated in Clause 5 of this article and the lists of non-voting members of a territorial election commission and persons indicated in Clause 5, Article 31 of this Federal Law, who were present at the determination of vote returns and preparation of the protocols, shall be kept by the secretary of a territorial election commission in a guarded room during a period established in accordance with Article 91 of this Federal Law.
11. If, after the protocol of vote returns and/or the summary table of vote returns of a territorial election commission were signed and their first originals were sent to a district election commission, a territorial election commission which had prepared the protocol, summary table or a district election commission in the course of the preliminary inspection of these documents find any inaccuracy (including a slip of the pen, misprint, error in the summation of the data of protocols of precinct election commissions), such territorial election commission shall call a meeting to consider the question of making corrections in the protocol and/or summary table. In its announcement about this meeting to be made in accordance with Clause 2, Article 31 of this Federal Law a territorial election commission shall state that it is going to consider this matter at the meeting. A territorial election commission shall ensure that its decision is made known to non-voting members of the commission, observers and other persons who were present when the previously approved protocol was being prepared, as well as to members of the press. In this case, a territorial election commission shall prepare a protocol of vote returns, summary table marked «Repeat.» This protocol and the summary table shall be forthwith sent to a district election commission.
12. If any errors or inconsistencies are found in the protocol (protocols) of vote returns received from precinct election commissions or should any doubts arise as to the correctness of such protocol (protocols), a territorial election commission may resolve that the given precinct election commission carry out a vote recount or that such vote recount in the given electoral precinct be carried out by the territorial election commission itself. This resolution may be taken both in the course of a preliminary inspection and after acceptance of the protocol (protocols) of vote returns of a precinct election commission, but not later than three days before the expiry of the period established by this Federal Law for the establishment of general election results.
13. A vote recount shall be carried out in the presence of a voting member (voting members) of a territorial election commission by the election commission which prepared and approved the protocol being verified or by the commission which resolved that a vote recount be carried out. The election commission which is to carry out a vote recount shall inform about the recount the members of a relevant precinct election commission, registered candidates or their agents, other persons indicated in Clause 2, Article 31 of this Federal Law, who are entitled to be present at a vote recount. Based on the vote recount the election commission which carried it out the shall prepare a protocol of vote returns marked «Vote Recount.» Copies of such protocol made and certified by the election commission shall be issued to observers, other persons indicated in Clause 5, Article 31 of this Federal Law. If such protocol is prepared by a precinct election commission, it shall be immediately forwarded to a territorial election commission. The failure to meet these rules for the preparation of a protocol of vote returns marked «Vote Recount « may constitute a reason for invalidation of the protocol.
Article 83. Establishment of Election Results for the Single-Seat Electoral District and Determination of Vote Returns for the Federal Electoral District
1. After making sure that the protocols of vote returns of territorial election commissions are prepared correctly a district election commission shall, not later than on the fifth day after voting day, establish the election results for the single-seat electoral district and determine the vote returns for the federal electoral district in the territory of the given single-seat electoral district, by summing up the data contained in the first originals of these protocols. The data contained in the protocols of vote returns of territorial election commissions shall be summed up directly by voting members of a district election commission.
The protocols of territorial election commissions shall be accepted, the data of these protocols shall be summed up and the protocols of vote returns, election results shall be prepared in one room, so that all actions of members of a district election commission when they accept the protocols, sum up the data of these protocols and prepare the protocols of vote returns and election results shall be within the field of vision of members of a district election commission, observers and other persons indicated in Clause 5, Article 31 of this Federal Law. There shall be an enlarged form of the summary table for the given territory in this room, where the data of the protocols of vote returns of territorial election commissions shall be entered, with the indication of the time of its entry, as soon as the first original of the protocol of vote returns is delivered by the chairman, the secretary or some other voting member of a territorial election commission.
The chairman, the secretary or some other voting member of a territorial election commission shall submit the first original of the protocol of vote returns of a territorial election commission together with the attached documents to a voting member of a district election commission, who shall make sure that the protocol is prepared correctly, that all required documents are attached to the protocol and that control relationships are duly complied with.
If the protocol and/or the summary table of vote returns of a territorial election commission do not meet the requirements of this Federal Law to such protocol and/or summary table, a territorial election commission shall prepare a corrected protocol and/or summary table in accordance with the requirements of Clause 11, Article 82 of this Federal Law and the previously submitted protocol and/or summary table shall remain in a district election commission. If the protocol and/or summary table of vote returns of a territorial election commission meets the requirements of this Federal Law to such protocol and/or summary table, a member of a district election commission shall enter the data of this protocol in the summary table of the district election commission. The chairman, the secretary or some other voting member of a territorial election commission who handed over the protocol of vote returns to a member of a district election commission shall put his signature in the enlarged form of the summary table under the data of the protocol of vote returns of the given territorial election commission.
2. A district electoral commission shall declare the election in the given single-seat electoral district not to have taken place if:
(1) less than 25 percent of the voters included in the voters lists took part in the election by the end of the voting time (the number of voters who took part in the election shall be determined by summing up the numbers in lines 3, 4 and 5 of Protocol No. 1 of Election Results for the single-seat electoral district);
(2) the number of votes cast by voters for the candidate who polled a larger number of votes than the other candidate (candidates) is less than the number of votes cast against all candidates.
3. A district electoral commission shall declare the election results for the given single-seat electoral district null and void:
(1) if violations of this Federal Law committed during the voting or determination of vote returns do not allow the results of the expression of the voters' will to be determined reliably;
(2) if the vote returns for a single-seat electoral district were declared null and void in some electoral precincts where the voters lists as of the end of voting together include not less than one-fourth of the total number of voters included in the voters lists as of the end of voting in the given electoral district;
(3) by a court decision.
4. Based on Protocols No. 1 of Vote Returns of territorial election commissions a district election commission shall prepare Protocol No. 1 of Election Results for the single-seat electoral district, where the following data shall be entered:
(1) the number of territorial election commissions in the single-seat electoral district;
(2) the number of Protocols No. 1 of Vote Returns of territorial election commissions on the basis of which this protocol was prepared;
(3) the number of electoral precincts where vote returns were declared null and void and the total number of voters on the voters lists of these electoral precincts as of the end of voting;
(4) the summary data for the single-seat electoral district with regard to all lines of Protocols No. 1 of Vote Returns of territorial election commissions;
(5) the surname, first name and patronymic of the registered candidate who was elected deputy.
5. A candidate shall be elected in a single-seat electoral district if he polls the largest number of votes cast by voters who took part in the voting. The number of votes of voters who took part in the voting shall be determined from the number of standard ballots found in the ballot boxes. If the same number of votes is received by registered candidates, the candidate who was registered earlier shall be declared elected.
6. Based on Protocols No. 2 of Vote Returns of territorial election commissions a district election commission shall prepare Protocol No. 2 of Vote Returns for the federal electoral district in the territory of the single-seat electoral district, where the following data shall be entered:
(1) the number of territorial election commissions in the single-seat district;
(2) the number of Protocols No. 2 of Vote Returns of territorial election commissions on the basis of which this protocol was prepared;
(3) the number of electoral precincts where vote returns were declared null and void and the total number of voters on the voters lists of these electoral precincts as of the end of voting;
(4) the summary data for the single-seat electoral district with regard to all lines of Protocols No. 2 of Vote Returns of territorial election commissions.
7. To sign the protocols of vote returns and election results a district election commission shall call a mandatory final meeting, at which it shall consider complaints (statements) about irregularities in the conduct of voting, vote counting and preparation of protocols of the lower election commissions. Then a district election commission shall sign the protocols of vote returns and election results and issue copies of the protocols to persons indicated in Clause 5, Article 31 of this Federal Law. The protocols of vote returns and election results shall be
made in duplicate and shall be signed by all voting members of a district election commission present at the meeting, with the indication of the date and time (hours and minutes) when the protocols were signed. Signing of a protocol in violation of these rules shall constitute a reason for invalidation of this protocol. Any voting member of a district election commission who dissents from the whole protocols or any part thereof may attach his dissenting opinion to the protocols and this fact shall be noted in the protocols.
8. The following documents shall be attached to each original of the protocols:
(1) the summary table of election results for a single-seat electoral district or of vote returns for the federal electoral district, which shall include the complete data of the protocols of vote returns received from territorial election commissions;
(2) documents certifying receipt of ballots by a district election commission, delivery of ballots to territorial and precinct election commissions, cancellation of unused ballots kept in a district election commission, with the indication of the number of such ballots;
(3) documents certifying issuance of absentee certificates to territorial election commissions and cancellation of unused absentee certificates, with the indication of the number of such certificates.
9. The summary tables and accompanying documents shall be signed by the chairman and the secretary of a district election commission.
10. Attached to the first originals of the protocols shall be the dissenting opinions of members of a district election commission; complaints (statements) about violations of this Federal Law received by the given district election commission in the period from voting day to the date of the protocols of vote returns and election results; the decisions taken on such complaints (statements). Certified copies of the dissenting opinions, the complaints (statements) and the decisions of the district election commission shall be attached to the second originals of the protocols.
11. After the protocols and summary tables of a district election commission are signed, the first originals of each protocol with the attached documents shall be immediately forwarded to the Central Election Commission of the Russian Federation and shall not be returned to the district election commission.
12. The second originals of the protocols of a district election commission, the second originals of the summary tables and documents indicated in Clause 8 of this article shall be made available for examination and copying to non-voting members of a district election commission and higher election commissions, persons indicated in Clause 5, Article 31 of this Federal Law, and their certified copies shall be displayed to the general public at a place designated by a district election commission. Upon elapse of 30 days after voting day the copies of the second originals of the protocols kept by a district election commission shall be destroyed on the basis of an appropriate certificate.
13. The second originals of the protocols of a district election commission together with the second originals of the summary tables and documents indicated in Clause 8 of this article, the lists of non-voting members of the election commission and persons indicated in Clause 5, Article 31 of this Federal Law, who were present at the determination of vote returns and establishment of election results and at the preparation of the corresponding protocols, as well as the other documents provided for by this Federal Law shall be kept by the secretary of a district election commission till the official publication of the general election results and then shall be handed over to the election commission of a Russian Federation subject.
14. If, after the protocols of vote returns and election results and/or the summary table were signed by a district election commission and their first originals were sent to the Central Election Commission of the Russian Federation, the district election commission which had prepared the protocol, summary tables, or the Central Election Commission of the Russian Federation in the course of their preliminary inspection find any inaccuracy in the protocols (including a slip of the pen, misprint, error in the summation of the data of protocols of territorial election commissions), this district election commission shall call a meeting to consider the question of making corrections in the protocols and/or the summary tables. In its announcement about this meeting to be made in accordance with Clause 2, Article 31 of this Federal Law a district A district election commission shall ensure that the decision it takes on the matter is made known to non-voting members of the commission, observers and other persons who were present when the previously approved protocol was being prepared, as well as to members of the press. In this case, a district election commission shall prepare protocols of vote returns and election results and/or a summary table marked «Repeat.» Such protocols and/or summary table shall be forthwith sent to the Central Election Commission of the Russian Federation
15. If any errors or inconsistencies are discovered in the protocols of vote returns or should any doubts arise as to the correctness of the protocols received from lower election commissions, a district election commission may resolve that a vote recount be carried out in the electoral precinct or in the territory in question.
16. In the case indicated in Clause 15 of this article a vote recount shall be carried out in the presence of a voting member (voting members) of a district election commission by the election commission which prepared and approved the protocol of vote returns being verified or by a voting member (voting members) of a higher (territorial or district) election commission. The election commission which is to carry out a vote recount shall inform about this the members of a relevant election commission, registered candidates or their agents, other persons indicated in Clause 2, Article 31 of this Federal Law, who shall be entitled to be present at the vote recount. Based on the vote recount the election commission which carried it out shall prepare a protocol of vote returns marked «Vote Recount.» The copies of this protocol made and certified by the election commission shall be issued to observers, other persons indicated in Clause 5, Article 31 of this Federal Law. If such protocol was prepared by a lower election commission it shall be immediately forwarded to a district election commission.
Article 84. Establishment of Election Results for the Federal Electoral District
1. After making sure that Protocols No. 2 of Vote Returns for the federal electoral district received directly from district election commissions are prepared correctly, the Central Election Commission of the Russian Federation shall establish the election results for the federal electoral district by summing up the data contained in these protocols. The data contained in the protocols of district election commissions shall be summed up directly by voting members of the Central Election Commission of the Russian Federation.
2. The number of voters who took part in the voting in the federal electoral district shall be determined from the number of standard ballots for the federal electoral district found in the ballot boxes.
3. Registered federal lists of candidates shall be included in the distribution of deputy seats if each such registered federal list of candidates received 5 percent and more than 5 percent of the vote in the federal electoral district, provided that there were not less than three such lists and these three lists together received more than 50 percent of the vote in the federal electoral district. In this case other federal lists of candidates shall not be included in the distribution of deputy seats for the federal electoral district.
4. If the federal lists of candidates each of which received 5 percent and more than 5 percent of the vote in the federal electoral district together received a total of 50 percent or less than 50 percent of the vote in the federal electoral district, such federal lists of candidates shall be included in the distribution of deputy seats together with federal lists of candidates which received less than 5 percent of the vote in the federal electoral district and which shall be consecutively included in the distribution of deputy seats in the order of the decreasing number of votes until the total number of votes cast for all such federal lists of candidates included in the distribution of deputy seats exceeds 50 percent of the vote in the federal electoral district and not less than three federal lists of candidates are included in the distribution of deputy seats.
5. If less than three federal lists of candidates, each of which received 5 percent and more than 5 percent of the vote in the federal electoral district received together more than 50 percent of the vote in the federal electoral district and the other federal lists of candidates received less than 5 percent of the vote in the federal electoral district, then the federal lists of candidates each of which received 5 percent and more than 5 percent of the vote in the federal electoral district shall be included in the distribution of deputy seats together with federal lists of candidates which received less than 5 percent of the vote in the federal electoral district and which shall be consecutively included in the distribution of deputy seats in the order of the decreasing number of votes until the total number of federal lists of candidates included in the distribution of deputy seats reaches three.
6. The federal lists of candidates included in the distribution of deputy seats shall receive said seats in accordance with the procedure set forth in Article 86 of this Federal Law. Before this procedure is applied deputies elected to the State Duma in single-seat electoral districts shall be excluded from each federal list of candidates.
7. Deputy seats received by a federal list of candidates shall, first of all, be given to registered candidates in the federal part of the federal list of candidates. The remaining deputy seats shall be given to registered candidates from the regional groups of candidates, with each of these groups receiving a number of the remaining deputy seats proportional to the number of votes cast for the federal list of candidates in the corresponding Russian Federation subject (subjects). This number of deputy seats shall be determined in accordance with the procedure set forth in Article 86 of this Federal Law.
8. Deputy seats shall be distributed between registered candidates on the federal list of candidates in the order in which the candidates are arranged on this list as established when the list was registered by the Central Election Commission of the Russian Federation, this order being regarded (within the federal part of the federal list of candidates and within each regional group of candidates) as the order of priority for receiving deputy seats.
9. A registered candidate who is entitled to a deputy seat in accordance with his place on a federal list of candidates may refuse to accept a deputy seat. The statement of refusal to receive a deputy seat shall be irrevocable. In this case, the seat shall be given to the next registered candidate on the same list as provided by Clause 10, Article 86 of this Federal Law. If a registered candidate who refused to accept as deputy seat is among the first three candidates in the federal part of the federal list of candidates, the provision of Clause 3, Article 92 of this Federal Laws shall apply and this federal list of candidates shall be deprived of the right to receive deputy seats which are distributed between federal lists of candidates when deputy seats are taken away from other federal lists of candidates in the cases and in the procedure established by this Federal Law.
10. The Central Election Commission of the Russian Federation shall prepare a protocol of distribution of deputy seats in the federal electoral district between political parties, electoral blocs, in which the following data shall be included:
(1) the number of district election commissions in the Russian Federation;
(2) the number of protocols of district election commissions on which this protocol is based;
(3) the summary data for the Russian Federation with regard to all lines of Protocols No. 2 of Vote Returns of district election commissions;
(4) the names of political parties, electoral blocs whose federal lists of candidates are included in the distribution of deputy seats and the number of seats due to each of them;
(5) the names of the regional groups of candidates on the federal lists of candidates included in the distribution of deputy seats and the number of deputy seats due to each of them;
(6) the surname, first name and patronymic of registered candidates elected deputies from each federal list of candidates.
11. The Central Election Commission of the Russian Federation shall declare the election in the federal electoral district not to have taken place:
(1) if less than 25 per cent of the number of voters included in the voters lists took part in the election in the federal electoral district;
(2) if none of the federal lists of candidates received 5 percent or more than 5 percent of the vote in the federal electoral district;
(3) if deputy seats were distributed on the basis of Clause 4 of this article and, as a result, federal lists of candidates that may be included in the distribution of deputy seats received together 50 percent or less than 50 percent of the vote in the federal electoral district.
12. The Central Election Commission shall declare election results for the federal electoral district null and void:
(1) if the infractions committed during the voting or determination of vote returns do not allow the results of the expression of the voters' will to be reliably determined;
(2) if the vote returns were declared null and void in some electoral precincts where, as of the end of voting, the voters lists together include not less than one-fourth of the total number of voters in the federal electoral district included in the voters lists as of the end of voting or if the vote returns were declared null and void in not less than one-third of single-seat electoral districts;
(3) by a court decision.
13. The protocol of election results for the federal electoral district shall be prepared by the Central Election Commission of the Russian Federation and signed by all present voting members of the Central Election Commission of the Russian Federation. Attached to the protocol shall be the summary table of election results for the federal electoral district, including the complete data of all protocols of vote returns received from district election commissions.
14. Any voting member of the Central Election Commission of the Russian Federation who dissents from the whole protocol or separate provisions thereof shall be entitled to attach his dissenting opinion to the protocol and this fact shall be noted in the protocol. Complaints (statements) about violations of this Federal Law, which were received by the Central Election Commission of the Russian Federation, and the decisions taken on such complaints (statements) shall also be attached to the protocol.
15. Certified copies of the protocol and of the summary table shall be issued to all members of the Central Election Commission, persons indicated in Clause 1, Article 31 of this Federal Law, members of the press who were present when the election results were established for the federal electoral district.
16. If, after the protocol of distribution of deputy seats for the federal electoral district between the federal lists of candidates and/or the summary table were signed, the Central Election Commission of the Russian Federation finds an inaccuracy in these documents (including a slip of the pen, misprint, error in the summation of the data of the protocols of lower election commissions), the Central Election Commission of the Russian Federation shall call a meeting to consider the question of correcting the protocol and/or the summary table. In its announcement about this meeting to be made in accordance with Clause 2, Article 31 of this Federal Law the Central Election Commission shall state that it will consider this matter at the meeting. The Central Election Commission of the Russian Federation shall ensure that its decision is made known to the non-voting members of the commission, other persons, who were present when the previously approved protocol was prepared, and to members of the press.
17. If any errors, inconsistencies are discovered in the protocols of vote returns and should any doubts arise as to the correctness of the protocols received from district election commissions, the Central Election Commission of the Russian Federation may resolve that a vote recount be carried in an electoral precinct, territory, district.
18. In the case indicated in Clause 17 of this article a vote recount shall be carried out in the presence of a voting member (voting members) of the Central Election Commission of the Russian Federation by the election commission which prepared and approved the protocol of vote returns, election results to be verified or by an election commission of a higher level in respect of this commission or by the Central Election Commission of the Russian Federation. The election commission which is to carry out a vote recount shall inform about the recount the members of the given election commission, registered candidates or their agents, other persons indicated in Clause 2, Article 31 of this Federal Law, who are entitled to be present at the vote recount. On the basis of the vote recount the election commission which carried out the recount shall prepare a protocol of vote returns, election results marked «Vote Recount.»
Article 85. Establishment of General Election Results
1. On the basis of the protocol of the Central Election Commission of the Russian Federation on the distribution of deputy seats between political parties, electoral blocs in the federal electoral district and on the basis of protocols No. 1 of district election commissions the Central Election Commission of the Russian Federation shall, within two weeks after voting day, establish the general election results.
2. The Central Election Commission of the Russian Federation shall declare the election in a single-seat electoral district null and void if the infractions committed in the course of voting, determination of vote returns, establishment of general election results do not make it possible reliably to determine the results of the expression of the voters' will.
Article 86. Methodology of Proportional Distribution of Deputy Seats
1. The Central Election Commission of the Russian Federation shall calculate the sum total of votes cast by voters in the federal electoral district for federal lists of candidates included in the distribution of deputy seats in accordance with the rules set forth in Clauses 3 to 5, Article 84 of this Federal Law. This sum total of votes shall be divided by 225 - the number of deputy seats to be distributed in the federal electoral district. The result is the first electoral quotient, which is used in the distribution of seats between the federal lists of candidates.
2. Then, the number of votes received by each federal list of candidates included in the distribution of deputy seats shall be divided by the first electoral quotient. The integer part of the number obtained as a result of such division represents the number of deputy seats to be received by the given federal list of candidates as a result of the primary distribution of seats.
3. If, after performance of the calculations indicated in Clause 2 of this article, there remain undistributed deputy seats, a secondary distribution of the seats shall be carried out. The federal lists of candidates, which have the largest fractional part of the number obtained as a result of the division performed in accordance with Clause 2 of this article shall each receive one of the undistributed deputy seats. In case the fractional parts are equal (up to and including the sixth digit after the decimal point) preference shall be given to the federal list of candidates which received more votes.
4. After that, deputy seats shall be distributed inside each federal list of candidates - between regional groups of candidates and the federal part of the federal list (if any). At the first stage of this distribution, the number of registered candidates in the federal part of the federal list shall be determined. These registered candidates shall be the first to receive deputy seats, which shall be given to them in the order of their arrangement on the federal list of candidates.
5. If, after deputy seats were given to registered candidates from the federal part of the federal list, there remain deputy seats due to the given federal list of candidates, such seats shall be distributed inside the federal list of candidates between the regional groups of candidates as follows. The sum total of votes cast for the federal list of candidates in the Russian Federation subjects (groups of the Russian Federation subjects) corresponding to the regional groups of candidates into which the federal list of candidates is divided (hereafter «votes cast for regional groups of candidates») shall be divided by the number of deputy seats to be distributed between the regional groups of candidates of the given federal list of candidates. The result of the division is the second electoral quotient of the given federal list of candidates, which is used in the distribution of deputy seats between the regional groups of candidates of the given list.
6. Then, the number of votes cast for each regional group of candidates shall be divided by the second electoral quotient of the given federal list of candidates. The integer part of the number obtained as a result of such division represents the number of deputy seats to be received by the regional group of candidates as a result of the primary distribution of deputy seats inside the given federal list of candidates.
7. If, after performance of the calculations indicated in Clause 6 of this article, there remain undistributed deputy seats due to the federal list of candidates, a secondary distribution of the deputy seats shall be carried out between the regional groups of candidates of this federal list of candidates. The regional groups of candidates, which have the largest fractional part of the number obtained as a result of the division performed in accordance with Clause 6 of this article shall each receive one of the undistributed deputy seats. In case the fractional parts are equal preference shall be given to the regional group of candidates which has a larger number of votes used in the calculations in accordance with Clause 6 of this Article.
8. If, in the course of the distribution of deputy seats inside a federal list of candidates, one of or several regional groups of candidates is/are found to lack the required number of registered candidates, the deputy seats that remained undistributed shall be additionally distributed between the regional groups of the same federal list of candidates, if these regional groups have registered candidates who did not receive deputy seats. If, as of the time of such additional distribution, there are regional groups that did not receive deputy seats when the seats were distributed in accordance with the values of the fractional parts as provided by Clause 7 of this article and among such regional groups of candidates there are groups which include registered candidates who did not yet receive deputy seats, one seat shall be given to each of such regional groups of candidates. In this case, deputy seats shall be given in the same order of priority (in accordance with the value of the frictional parts) determined on the basis of the second electoral quotient that was initially calculated. If, in the course of an additional distribution, there remain no regional groups of candidates that received no deputy seats in accordance with the aforementioned procedure but some deputy seats still remain undistributed, these deputy seats shall be given, one by one, to the regional groups of candidates with the smallest coefficient of additional distribution to be calculated for each of such regional groups. The coefficient of additional distribution for each regional group of candidates shall be calculated by dividing the number of deputy seats that were already received by the given regional group of candidates by the number of votes received by this regional group of candidates. In case the said coefficients are equal, deputy seats shall be given to the regional group of candidates which received a larger number of votes. If, after such distribution, the number of deputy seats available for additional distribution exceeds the number of the regional groups of candidates that are entitled to receive them, additional distribution shall be repeated as many times as necessary, with the said coefficient to be calculated anew each time. Additional distribution shall be also carried out in other cases provided by this Federal Law.
9. If, after the distribution of deputy seats between the federal lists carried out in accordance with Clauses 1, 2 and 3 of this article, one or more deputy seats has/have to be additionally distributed between all or some of the federal lists of candidates, distribution of such deputy seats between the federal lists of candidates shall be carried out in accordance with the additional distribution procedure set forth in Clause 8 of this article. In this case, deputy seats shall first be given to the federal lists of candidates which received no deputy seats when deputy seats were distributed in accordance with the value of the fractional parts and then deputy seats shall be distributed in accordance with the coefficient of additional distribution of deputy seats to be calculated for each federal list of candidates by dividing the total number of deputy seats already received by the given federal list by the number of votes received by this federal list. Deputy seats received by a federal list of candidates shall be given to registered candidates from the federal part of the federal list of candidates who did not receive deputy seats and, in the absence of such candidates, to registered candidates from the regional groups of candidates of the given federal list of candidates, in accordance with the additional distribution procedure set forth in Clause 8 of this article. Federal lists of candidates may participate in the additional distribution only if they have registered candidates who did not receive deputy seats.
10. If, after the initial distribution of deputy seats, a registered candidate refused to accept a deputy seat, or if a registered candidate did not resign the powers incompatible with the status of a deputy of the State Duma and also if a deputy seat became vacant because of other reasons, this seat shall be given to a registered candidate from the same federal list of candidates, unless otherwise provided by this Federal Law. The deputy seat shall be given to the first of the registered candidates who did not receive deputy seats in the regional group of candidates (in the federal part of the federal list of candidates) which included the candidate whose seat became vacant. If there are no registered candidates in the given regional group of candidates (in the federal part of the federal list of candidates) who did not receive deputy seats, the vacant seat shall be distributed between the other regional groups of candidates of the same federal list of candidates in accordance with the additional distribution procedure set forth in Clause 8 of this article.
11. If, in the course of the distribution of deputy seats inside a federal list of candidates, there remain no registered candidates who did not received deputy seats, the undistributed deputy seats shall remain vacant until the next election of deputies of the State Duma.
Article 87. Repeat Elections
1. If the election in an electoral district was declared not to have taken place or to be null and void on the grounds indicated in Articles 83 to 85 of this Federal Law, or if the election results were annulled in accordance with Clause 5, Article 88 of this Federal Law, the Central Election Commission of the Russian Federation shall announce a repeat election to be held in accordance with the procedure established by this Federal Law. If the composition of the State Duma is such that it is not competent to exercise its powers, voting in a repeat election shall be conducted not later than four months after the election was declared not to have taken place or to be null and void. In other cases, a repeat election shall be held not later than one year after the election was declared not to have taken place or to be null and void or after the election results were annulled. In the event of a repeat election the periods of electoral actions may be reduced, however by not more than one-third, by a decision of the Central Election Commission of the Russian Federation. The announcement about a repeat election shall be published in the mass media not later than three days after a relevant decision was taken. The Central Election Commission of the Russian Federation may order that the powers of precinct election commissions be prolonged or that, in such cases, new precinct election commissions be formed in accordance with the procedure established by Article 22 of this Federal Law. If a repeat election in a single-seat electoral district was declared not to have taken place because of the circumstances indicated in Clause 2, Article 83 of this Federal Law, voting at the next repeat election in this single-seat electoral district shall be conducted within two years of the day of the previous repeat election.
2. A repeat election shall not be announced and conducted if, as a result of this election, a deputy of the State Duma cannot be elected for a term exceeding one year until the end of the constitutional term for which the State Duma of the given convocation was elected.
3. If a vacant deputy seat is available, a deputy of the State Duma shall not be nominated as a candidate at a repeat election.
Article 88. Registration of Elected Deputies of the State Duma
1. Having signed the protocol of election results an election commission shall forthwith serve a notice to this effect on a registered candidate elected to the State Duma, after which the candidate shall, within five days, present to the election commission a copy of the order (other document) relieving him from the duties incompatible with the status of a deputy of the State Duma or a copy of a document certifying that, within three days, he filed an application to be relived from such duties.
2. If a registered candidate elected as a result of the distribution of deputy seats on a federal list of candidates fails to comply with the requirements of Clause 1 of this article, he shall be removed from the federal list of candidates and the Central Election Commission of the Russian Federation shall transfer his deputy seat to another registered candidate on the same federal list of candidates in accordance with the procedure set forth in Clause 10, Article 86 of this Federal Law.
3. If a registered candidate who did not resign the powers incompatible with the status of a deputy of the State Duma occupied one of the top three places in the federal part of a federal list of candidates, the federal list of candidates of the political party, electoral bloc which nominated this deputy shall lose the deputy seat. In this case, the vacant deputy seat shall be transferred to another federal list of candidates. The federal list of candidates which lost this deputy seat shall be deprived of the right to receive deputy seats distributed between federal lists of candidates when other federal lists of candidates lose deputy seats, in the cases and in the procedure provided for by this Federal Law.
4. Upon the elapse of six days from the day when the Central Election Commission signs the protocol of election results for the federal electoral district, the deputy seats which became vacant in accordance with Clause 9, Article 84 of this Federal Law and Clause 3 of this article shall be transferred to federal lists of candidates which were not deprived of the right to receive deputy seats on the grounds indicated in Clause 9, Article 84 of this Federal Law and Clause 3 of this article, in accordance with the additional distribution procedure for deputy seats, set forth in Clause 9, Article 86 of this Federal Law.
5. If a registered candidate elected in a single-seat electoral district fails to comply with the requirements of Clause 1 of this article, the Central Election Commission of the Russian Federation shall annul the election results in this electoral district and shall announce a repeat election. If a candidate fails to comply with the requirements of Clause 1 of this article without compelling circumstances indicated in Clause 13, Article 52 and Clause 3, Article 92 of this Federal Law and, as a result of this, a repeat election was announced, this candidate shall fully repay the federal budget funds to be expended by relevant election commissions on the conduct of the repeat election.
6. After the official publication of the general election results and after a registered candidate presents a copy of the order (other document) relieving him from the duties incompatible with the status of a deputy of the State Duma, a relevant election commission shall register the elected deputy of the State Duma and issue a certificate of election to this deputy.
Article 89. Publication of Vote Returns and Results of the Election of Deputies of the State Duma
1. Vote returns for each electoral precinct, each territory, election results for an electoral district within the scope of the data contained in the protocols of relevant election commissions and election commissions of the next lower level shall be made available for examination to all voters, registered candidates, agents and authorized representatives of registered candidates, political parties and electoral blocs, observers, foreign (international) observers, members of the press at their request, immediately after the protocols of vote returns, election results were signed by the members of the election commission from which this data was requested. This data shall be provided by a relevant election commission.
2. District election commissions and the Central Election Commission of the Russian Federation shall furnish the general data on election results in electoral districts to the mass media within one day after the election results were established.
3. Within two weeks of voting day, the election commission of a Russian Federation subject shall officially publish the data contained in protocols No. 1 and No. 2 of all territorial and precinct election commissions of single-seat electoral districts in the regional state print media. Subject to official publication shall be all numerical data contained in the protocols of each precinct election commission of single-seat electoral districts. If a vote recount was carried out in some electoral precincts, territories and the results of the vote recount are received by a district election commission past this deadline, the district election commission shall officially publish the corrected data within a week of the day when it took an appropriate decision based on this data.
4. The general election results as well as the data on the number of votes received by each registered candidate, federal list of candidates, the number of votes cast against all candidates and all federal lists of candidates shall be officially published by the Central Election Commission of the Russian Federation in its official bulletin within three weeks of voting day. Within the same period, the Central Election Commission of the Russian Federation shall officially publish the complete data of protocols No. 1 and No. 2 of all district election commissions.
5. Within two months of voting day, the Central Election Commission of the Russian Federation shall officially publish in its bulletin the information about the vote returns, including complete data of the protocols of vote returns of all election commissions with the exception of precinct election commissions, the information about election results and the data for all elected deputies, indicated in Clause 6, Article 75 of this Federal Law. Within three months of the official publication of the complete election results, the data contained in the protocols of vote returns, election results of all election commissions shall by published by the Central Election Commission of the Russian Federation in the public information-telecommunications system Internet.
Article 90. Use of the State Automated Information System
1. For receipt, transmission and processing of information in the conduct of the election of deputies of the State Duma, including registration of voters, preparation of voters lists, determination of vote returns and establishment of election results, use shall be made only of the state automated information system. No other information systems shall be used in the conduct of the election of deputies of the State Duma.
2. If appropriate equipment is available, immediately after the protocols of vote returns, election results are signed the data of these protocols shall be transmitted in an electronic form to the higher election commission over the technical communication channels of the state automated information system, subject to a mandatory rule that the first originals of the protocols of vote returns, election results shall be subsequently submitted to the higher election commission.
3. An election commission shall form a supervisory group consisting of voting and non-voting members of the commission to supervise the use of the state automated information system or its separate technical facilities. This supervisory group shall check the operational readiness of the set of automation facilities; exercise control over correct entry of data from the protocols of election commissions and correct re-entry or correction of entered data to be carried out by a decision of an election commission; monitor compliance with the requirements of this Federal Law, instructions and other documents of the Central Election Commission of the Russian Federation relating to the use of the state automated information system, including ballot scanners or other technical facilities used for vote counting; check mandatory documentation of the actions prescribed by the rules and plans of election commissions (entries in the journal, certificates, computer printouts certified by the signatures of the supervisory group members). The supervisory group may involve in its work specialists in the field of automatic data processing systems.
4. All members of an election commission, observers shall have the right to examine any information contained in the state automated information system.
5. Voting members of an election commission and non-voting members of an election commission who are included in the supervisory group shall have the same rights, including the right to examine any information transmitted to any election commission over technical communication channels; inspect the technical documentation of the state automated information system; require explanations of all their actions from the operating personnel of the state automated information system; compare the results of manual and automated data processing; receive the data of protocols of vote returns, election results and summary tables recorded on machine readable mediums provided by them. If any infractions or unlawful actions are discovered on the part of the operating personnel of this system or on the part of observers, the supervisory group shall inform about such infractions and actions the chairman of an election commission and shall make proposals as to how to remove them. The results of checkups carried out by the supervisory group shall be recorded in the current documentation of the information center (service) of an election commission.
6. From the beginning of voting and up to the time when an election commission signs the protocol of vote returns, election results, the state automated information system in which the data are transmitted from lower election commissions to higher election commissions shall be used for monitoring the progress of voting and determining vote returns. During this period transmission of any data from the information centers and services of higher election commissions to the information centers and services of lower election commissions shall be prohibited, except for the signals acknowledging receipt of information.
7. The data on the progress of voting and vote returns received through the state automated information system shall be regarded as preliminary information of no legal significance, save the cases where technical facilities are used for vote counting in the procedure established by the Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum. «
8. The computer printout containing the data entered into the state automated information system shall be attached to the protocol of an election commission kept by its secretary. The authenticity of the data contained in the computer printout shall be certified by the signatures of members of the supervisory group and the person responsible for data entry.
9. The data on the voter turnout, preliminary and final vote returns, election results entered into the state automated information system shall be readily accessible (in the «read only» mode) to the users of the public information-telecommunications network Internet in accordance with the procedure to be established by the Central Election Commission of the Russian Federation.
Article 91. Safekeeping of Electoral Documentation
1. Documents of precinct election commissions (including ballots) and territorial election commissions shall be kept in guarded rooms and shall be handed over to election commissions of the next higher level within the period established by this Federal Law.
2. Documents of district election commissions, election commissions of Russian Federation subjects and the Central Election Commission of the Russian Federation together with the documents which were transferred to them for safekeeping from lower election commissions shall be kept by relevant election commissions for the periods established by Russian Federation laws.
3. The safekeeping periods for bulletins, absentee certificates, voters lists and signature sheets shall be not less than one year from the day of the official publication of election results.
4. The safekeeping period for the first originals of protocols of vote returns, election results of election commissions and of summary tables, for financial reports of election commissions, final financial reports of registered candidates, political parties and electoral blocs which registered federal lists of candidates shall be not less than one year from the day of the official publication of the decision to call the next main election of deputies of the State Duma.
5. If there are appeals against decisions of election commissions on vote returns, election results pending in courts or if criminal cases were initiated in connection with the violation of the electoral rights of citizens of the Russian Federation, the safekeeping periods of the corresponding electoral documents shall be extended for as long as necessary until the court decision enters into legal force (until the case is dismissed in accordance with the law).
6. Ballots, absentee certificates, voters lists, protocols of vote returns, election results of election commissions and documents attached thereto, summary tables, financial reports of election commissions, final financial reports of registered candidates, political parties and electoral blocs which registered federal lists of candidates shall be documents subject to strict accountability. Until the electoral documentation is handed over to the higher election commission or to the archives or until it is destroyed upon the expiry of the its safekeeping period the responsibility for its preservation shall rest with the chairman (deputy chairman) and the secretary of an election commission.
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