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Chapter XII - Voting and Determination of Election Results
Article 67 - Voting Premises
Article 68 - Ballots
Article 69 - Early Voting
Article 70 - Voting Procedure
Article 71 - Voting Outside Voting Premises
Article 72 - Protocol of Voting Results of a Precinct Election Commission
Article 73 - Vote Counting at a Precinct Polling Station
Article 74 - Vote Recounting
Article 75 - Rules for Determination of the Election Results
Article 76 - Determination of the Election Results and Compilation of the Protocol of a District Election Commission
Article 77 - Repeat Voting
Article 78 - Repeat Elections
Article 79 - Determination of the General Outcome of Elections
Article 80 - Registration of Elected Deputies
Article 81 - Announcement of Voting Results and the Results of Elections of Deputies
Article 82 - Filling of Deputy Vacancies
Article 83 - Use of the State Automated Information System
Article 67 - Voting Premises
Voting premises shall be provided to precinct election commissions free of charge by the head of the appropriate municipal unit or a person duly authorized to do so by the body of local self-government if the office of a head of the municipal unit is not provided for in the Charter of the municipal unit. The voting premises shall include a hall where booths or places specially fitted out for voting by secret ballot shall be located. Booths and other places specially fitted out for voting by secret ballot shall be provided with tables, lighting facilities and writing utensils (pencils shall not be allowed for such purposes).
Inside or in direct proximity of the voting premises a precinct election commission shall set up a stand displaying samples of marked ballots and information about all candidates running in the given electoral district. Samples of marked ballots shall not contain names of candidates nominated in the given electoral district and names of electoral associations, electoral blocs taking part in the given elections. The aforementioned informational materials about candidates shall not contain propaganda appeals.
An enlarged form of a protocol of voting results shall be posted inside the voting premises for recording voting results as they are being determined.
The voting premises shall be fitted out so that the places where ballots are given out are all simultaneously visible to members of a precinct election commission and to observers.
Article 68 - Ballots
Each voter shall receive one ballot for voting in elections of deputies of the legislative (representative) body of state power of the [Subject of the Russian Federation]. The form of the ballot shall be approved by the election commission of the [Subject of the Russian Federation] not later than 28 days prior to voting day. The text of the ballot for each single-mandate electoral district shall be approved by district election commissions not later than 25 days prior to voting day. The text shall be printed on one side of the ballot only and shall include the instructions for marking the ballot.
The ballot shall contain the first, middle and last names of all candidates registered in the given electoral district, their year of birth, residential address, place of main employment or service, occupation. The names shall be arranged in an alphabetical order. If a candidate is nominated by an electoral association or electoral bloc, the name of the electoral association or electoral bloc shall be indicated in the ballot. If a candidate is nominated directly by voters, his/her affiliation to a public association shall be indicated only upon the candidate’s request. A blank box shall be placed to the right of the information about each candidate. The words «Against all candidates» with a blank box to the right thereof shall be placed at the end of the list of candidates.
Ballots shall be printed exclusively by the order and under the supervision of district election commissions and shall be treated as documents of strict accountability. The degree of protection of ballots shall be determined by the Central Election Commission of the Russian Federation. The number of ballots to be printed for elections of deputies in each electoral district shall not exceed by more than 3 per cent the number of voters registered in the given district. Ballots shall be printed in the Russian language. Subject to a decision of the election commission of the [Subject of the Russian Federation] ballots may be printed in the Russian language and in other languages of the nationalities of the Russian Federation in the territory where they are concentrated. If the text of the ballots is printed in two or more languages, each ballot for the given electoral precinct shall contain a text in the Russian language. The text of such ballots shall be approved by the election commission of the [Subject of the Russian Federation]. Ballots shall be printed by the order of district election commissions not later than 20 days prior to voting day.
After rejection of defective ballots the printing shop shall, on the basis of a transfer deed, hand over the ballots to at least two members of a district election commission authorized to receive them. Having handed over the number of ballots as per the order the employees of the printing shop in the presence of members of a district election commission, agents of candidates, authorized representatives of electoral associations, electoral blocs shall destroy the rejected and surplus ballots and shall draw up a relevant certificate to be signed by all persons present thereat.
Ballots shall be delivered to district election commissions not later than 16 days prior to voting day and to precinct election commissions not later than 4 days prior to voting day. The number of ballots delivered to precinct election commissions shall not exceed the number of voters on the voter list of the electoral precinct by more than 0.5%.
Chairmen of election commissions which deliver and accept ballots shall be responsible for their proper delivery. The election commission of the [Subject of Russian Federation] shall establish the form of an acceptance certificate for ballots, which shall be made out in duplicate with both copies to be signed by the chairman and the secretary of each election commission which receives or transfers the ballots. The certificate shall indicate the number of ballots received or transferred. These certificates shall be kept by each election commission together with other electoral documents. Until election day ballots shall be kept in a sealed and guarded room.
Two members of a precinct election commission shall put their signatures in the right-hand upper corner on the face of each ballot and their signatures shall be certified by the seal of the precinct election commission. Ballots that are not certified by a precinct election commission (except those certified by a district election commission in case of early voting pursuant to this Law) shall be regarded as ballots of an unauthorized form and shall not be reckoned in vote counting. In case some candidates drop out after the ballots have been printed, precinct election commissions shall be instructed by the appropriate district election commission to cross out the data concerning these candidates on the ballots. Election commissions shall not make any other markings on ballots. Information about candidates whose registration was cancelled, who withdrew their candidatures and who were recalled after the ballots had been printed shall be placed on the stand inside or near the voting premises and inside polling booths pursuant to this Law.
In exceptional cases, in electoral precincts located in remote and hard-to-reach localities, on ships at sea on voting day the electoral documentation, including ballots, may be produced by a precinct election commission itself, if the necessary technical facilities are available. A decision concerning production of electoral documentation, indicating the required number of ballots, shall be taken by a precinct election commission with the consent of the district election commission.
Article 69 - Early Voting
A voter who for some reason will be absent from the place of his/her residence on voting day may vote before voting day by marking a ballot on the premises of a district election commission (15-4 days prior to voting day) or on the premises of a precinct election commission (not earlier than 3 days prior to voting day) in the territory where the voter resides. In the conduct of early voting district and precinct election commissions shall ensure the secrecy of voting, exclude a possibility of distortion of voters' will, ensure preservation of ballots and counting of votes cast by voters who voted before voting day «early voters») when voting results and election results are being determined. When a voter is to vote early on the premises of a district or precinct election commission, two members of the commission shall put their signatures in the right-hand upper corner on the face of the ballot to be issued to a voter and their signatures shall be certified by the seal of the commission before the ballot is handed out to the voter. District election commissions shall make up a list of early voters. Precinct election commissions shall continue the list.
The receipt of a ballot by a voter shall be certified by the voter's signature in the list of early voters. The voter shall place the marked ballot in an envelope, seal the envelope and give it to a member of the precinct or district election commission Two members of the commission shall put their signatures on the envelope seal and their signatures shall by certified by the commission’s seal and the signature of the early voter.
Sealed envelopes with ballots shall be kept by the secretary of a district election commission on the commission’s premises until all ballots are transferred to precinct election commissions and on the premises of precinct election commissions until voting day. District election commissions shall hand over the list of early voters and envelopes containing marked ballots to appropriate precinct election commissions not later than 3 days prior to voting day. Precinct election commissions shall check the list of early voters and the number of sealed envelopes with ballots which they received. After this the chairman and the secretary of a district and a precinct election commission shall sign the acceptance certificate for the ballots and the list of early voters, the said certificate to be drawn up according to a form established by the election commission of the [Subject of the Russian Federation]. These certificates shall be kept in every commission with other electoral documents.
In exceptional cases a district election commission may, with the consent of the election commission of the [Subject of the Russian Federation], decide to conduct early voting, but not earlier than 20 days prior to voting day, in one of or several electoral precincts which are formed in remote and hard-to-reach localities, on ships at sea on voting day.
Article 70 - Voting Procedure
Precinct election commissions shall inform voters about the place and time of voting not later than 20 days prior to voting day through the mass media or otherwise and in case of early or repeat voting - not later than 5 days prior to voting day.
Voting shall take place from 8:00 till 22:00 hours local time on voting day.
At 8:00 a.m. on voting day the chairman of a precinct election commission shall announce the polling station of the electoral precinct open. After this, the chairman shall display empty stationary and portable ballot boxes to the members of the election commission and to voters, observers, foreign (international) observers and other persons indicated in Part 2 Article 30 of this Law, who are present at the polling station. Then the boxes shall be sealed. After that, before the beginning of voting, the chairman of the precinct election commission shall, in the presence of the aforementioned persons, announce the number of early voters and shall produce for visual examination sealed envelopes with ballots and the list of early voters. Then the chairman of the precinct election commission shall open all envelopes one after another and shall, observing the secrecy of voting, take out the ballots and drop them into a stationary ballot box. If more than one ballot have been taken out of some envelope, all ballots taken out of this envelope shall be pronounced invalid and shall be cancelled, with a note to this effect to be made in the protocol of the precinct election commission. Before the beginning of voting, the number of voters who have voted early (separately – in the district election commission and the precinct election commission) shall be entered in lines 3 and 4 of the protocol of voting results and in the enlarged form of the protocol of voting results and the words «Voted early» shall be written in the voter list against the names of the early voters.
Then the chairman of the precinct election commission shall invite voters to start voting.
A voter shall present his/her passport or an equivalent identity paper to a voting member of the election commission responsible for issuing ballots. Then the voter shall write the series and number of his/her passport or an equivalent identity paper on the voter list. With the consent of a voter or at his/her request the series and number of his/her passport or an equivalent identity paper may be written on the voter list by a voting member of the election commission. After the voter checks the entry and signs for the receipt of a ballot in the voter list a voting member of the election commission shall issue a ballot to the voter.
If a voter is not able to sign for the receipt of the ballot by himself/herself, he/she may ask other persons to help him/her, provided these persons are not members of the precinct election commission, authorized representatives of electoral associations, electoral blocs, candidates and their agents or observers. The person who has helped the voter shall put his/her signature in the column «Voter Signature for Receipt of the Ballot» of the voter list indicating his/her first, middle and last name.
Each voter shall vote personally. Voting for other persons shall not be allowed. Ballots shall be marked in a booth or another place specially equipped for secret voting. Voting in other locations within the polling station of a precinct election commission shall not be allowed.
No persons other than the voter shall be allowed to be present in a booth or another place specially equipped for secret voting. A voter who is not able to mark the ballot by himself/herself may invite any person to a booth or another place specially equipped for secret voting to help him/her provided these persons are not members of the precinct election commission, authorized representatives of electoral associations, electoral blocs, candidates and their agents or observers. The first, middle and last name of this person shall be indicated in the voter list next to the voter's signature for the receipt of the ballot.
To mark the ballot a voter shall put any sign in the blank box to the right of the name of the candidate he/she votes for or in the box placed to the right of the words «Against all candidates.« If a voter thinks that he/she has made a mistake when marking a ballot, he/she may ask the election commission member who had issued him/her a ballot to give him/her a new ballot in place of the spoilt one. The election commission member shall issue a new ballot to the voter and make a note to this effect in the voter list against the name of this voter. The spoilt ballot shall be cancelled (ensuring the secrecy of voting) and an act shall be drawn up to this effect by two members of a precinct election commission.
Voters shall drop marked ballots into sealed stationary ballot boxes.
The chairman of a precinct election commission shall maintain order in the voting premises. His/her directions shall be mandatory for all those present inside the voting premises. In case the chairman of a precinct election commission is absent, his/her functions shall be performed by the deputy chairman of the precinct election commission, and, in the absence of the deputy chairman, by the secretary or some other member of the precinct election commission authorized by the secretary.
The following persons shall have the right to be present on the voting premises and watch the voting, vote counting and compilation of the protocol of voting results by precinct election commissions:
· candidates and their agents,
· observers,
· foreign (international) observers,
· media representatives.
Representatives of state bodies and bodies of local self-government may be present inside voting premises during voting and when a precinct election commission is counting votes only if they are invited by the commission and only in order to assist in the conduct of elections or enforce order. Representatives of state bodies and bodies of local self-government shall not act as observers while performing their official duties.
A member of a precinct election commission shall be immediately barred from participation in the work of the commission and an observer or other persons shall be expelled from the voting premises if they try to interfere with the work of the election commission or with the exercise by a citizen of the Russian Federation of his/her electoral rights or attempt to violate the secrecy of voting. The appropriate decision shall be taken by a precinct election commission. In this case, the commission shall be entitled to request the appropriate authorities to bring to responsibility the barred member of the precinct election commission, the expelled observer and other persons, subject to federal laws.
Article 71 - Voting Outside Voting Premises
Precinct election commissions shall give all voters an opportunity to participate in voting, including voters who for health reasons or any other good reason cannot come to the voting premises. For this purpose an adequate number of portable ballot boxes (but not more than 3) shall be available at the voting premises of a precinct election commission, with the number of such boxes to be determined by a district election commission. The portable ballot boxes shall be consecutively numbered by a precinct election commission.
Voting outside the voting premises shall be conducted only on voting day and only on the basis of a written application or an oral request of a voter (which can be relayed by other persons) for a possibility to vote outside the voting premises. The application (request) may be submitted by a voter at any time after the formation of a precinct election commission, but not later than 4 hours before the expiration of the voting time. A precinct election commission shall register all incoming applications (requests) in a special log. In the case of an oral request the log shall indicate the time when the request was received and this entry shall be signed by the commission member who received the request by telephone or from a person relaying a message. When members of a precinct election commission come to the voter, the oral request shall be confirmed by a written application. A written application for voting outside the voting premises shall contain the same information about the voter as is entered on the voter list and shall indicate the reason for which the voter cannot come to the voting premises.
Voting outside the voting premises shall be conducted by two members of the precinct election commission who must bring with them a portable ballot box sealed by the precinct election commission, the required number of ballots of an established form, a certified excerpt from the log of voters' applications (requests) containing the necessary data about the voter, written applications from voters asking for a possibility to vote outside the voting premises and writing utensils for voters to mark the ballot.
The names of the commission members who conduct voting outside the voting premises shall be entered in the protocol of the commission. These commission members shall receive and sign for ballots on a certificate to be signed by the chairman and the secretary of the commission.
Immediately before sending portable ballot boxes to voters the chairman of a precinct election commission shall make an announcement about this to all persons present inside the voting premises. The chairman shall announce the number of applications and requests for voting outside the voting premises received from voters and the number of ballots issued to the members of the election commission who are to bring a portable ballot box to such voters and shall invite observers to accompany the commission members conducting voting outside the voting premises. The precinct election commission shall ensure that at least two non-voting members of the election commission and observers appointed by different candidates, electoral associations, electoral blocs are given equal possibilities to go to the place of voting as members of the precinct election commission who are to conduct the voting.
Having received a ballot a voter shall write the series and number of his/her passport or an equivalent identity paper on his/her written application for a possibility to vote outside the voting premises, sign for the receipt of a ballot and then mark the ballot observing the secrecy of voting. The members of the election commission shall confirm the issue of a ballot by putting their signatures on the application. Notes shall also be made on the application indicating the receipt of a new ballot instead of a spoilt one and, if the voter received two or more ballots, the total number of received ballots.
Conduct of voting outside the voting premises shall not compromise the voter’s right to secret voting, influence or distort the expression of the voter’s will or in any other way violate the electoral rights of citizens.
Members of a precinct election commission who come to voters in response to their applications (requests) shall issue ballots only to those voters whose applications (requests) have been registered in the special log.
If the voter who submitted an application for voting outside the voting premises comes to the voting premises for voting after commission members were sent to him to conduct voting outside the voting premises, a member of the election commission shall not issue a ballot to this voter on the voting premises until the commission members who went to the voter in response to his/her application come back and it has been established that the given voter has not voted.
Upon their return the commission members who accompanied portable ballot boxes shall enter the series and numbers of the passports (or equivalent identity papers) of the voters who voted outside the voting premises in the voter list. At the same time, a note «Voted outside voting premises» shall be made in the appropriate column (columns) of the voter list. The number of written applications of voters and the number of used and returned ballots shall be indicated in a special document which shall be appended to the protocol of the precinct commission. This document shall also indicate the non-voting members of the precinct election commission and observers who were present when voting was conducted outside the voting premises.
The portable ballot boxes shall be placed where they can be seen by the commission members, observers, foreign (international) observers and media representatives and shall not be opened until vote counting begins.
Article 72 - Protocol of Voting Results of a Precinct Election Commission
A precinct election commission shall draw up a protocol of voting results for the given electoral precinct.
The protocol of a precinct election commission shall contain the following:
a) No. of the copy;
b) the name of the elections of deputies of the legislative (representative) body of state power of the [Subject of the Russian Federation];
c) the word «Protocol»;
d) the name of the election commission and the No. the electoral precinct (precinct polling station);
e) the lines of the protocol:
line 1: the number of voters on the voter list;
line 2: the number of ballots received by the precinct election commission;
line 3: the number of ballots issued to early voters, including a separate line 4 - on the premises of a district election commission;
.line 5: the number of canceled ballots;
line 6: the number of ballots issued to on the voting premises on voting day;
line 7: the number of ballots issued to voters who voted outside the voting premises;
line 8: the number of ballots in the portable ballot boxes;
line 9: the number of ballots in the stationary ballot boxes;
line 10: the number of valid ballots;
line 11: the number of invalid ballots, including separate lines 12 and 13 - the number of ballots found invalid because the number of ballots in the portable ballot boxes exceeded the number of voters' applications, and the number of unmarked ballots;
line 14: the number of votes cast for each candidate whose name is included in the ballot;
line 15: the number of votes cast against all candidates;
f) the list of complaints (statements), acts and other documents appended to the protocol;
g) the names and the initials of the chairman, the deputy chairman, the secretary and other members of the precinct election commission and their signatures;
h) the signing date and time of the protocol;
i) the seal of the election commission.
The numbers indicated in Part 2 of this article shall be written in the protocol of voting results in figures and in words.
Article 73 - Vote Counting at a Precinct Polling Station
Votes cast by voters shall be counted openly and publicly. Votes shall be counted directly by the voting members of a precinct election commission without a break until the voting results are determined. Present at vote counting may be non-voting members of a precinct election commission, candidates and their agents, observers, foreign (international) observers and media representatives.
Upon expiration of the voting time, the chairman of the precinct election commission shall announce that only voters who are already inside the voting premises may receive ballots and vote.
Before opening the ballot boxes the voting members of the precinct election commission in the presence of persons indicated in Part 1 of this article shall count unused ballots and cancel them by cutting off the lower left corner. The number of such ballots and ballots which were spoilt by voters when they voted shall be announced and entered in line 5 of the protocol of voting results and in the enlarged form of this protocol provided inside the voting premises.
Before beginning to count votes from the ballots the chairman, the deputy chairman or the secretary of the precinct election commission shall ascertain, announce and enter the following data into lines 1 and 2 of the protocol of voting results and in its enlarged form:
the number of voters on the voter list;
the number of ballots received by the precinct election commission (this number shall not include the number of ballots taken out of envelopes in which they were placed by voters who voted early on the premises of a district election commission).
Then, the following data shall be entered in lines 6 and 7 of the protocol of voting results and in its enlarged form:
the number of ballots issued to voters on the voting premises on voting day (established by counting the number of voter signatures on the voter list);
the number of ballots issued to voters who voted outside the voting premises (established by counting the appropriate notes made on the voter list).
After this, the chairman or the secretary of the election commission shall take steps to ensure safekeeping of the voter list and make it inaccessible to persons participating in vote counting. Further work on the voter list shall not be carried out before verification of the control relationships of data entered in the protocol of voting results as provided by this article.
Direct counting of votes cast by voters shall be carried out in rooms specially provided for the purpose and fitted out so as to allow access to them for voting and non-voting members of an election commission. The actions of members of the precinct election commission shall be fully visible to all persons present at the counting. Members of the election commission with the exception of its chairman (deputy chairman) and secretary shall not use any writing utensils while counting the votes.
When directly counting the votes the precinct election commission shall put aside ballots which do not conform to the standard format. Such ballots shall not be reckoned in the counting of votes.
The commission chairman shall then check the seals on all portable ballot boxes and ask members of the commission, candidates and their agents, observers, foreign (international) observers and media representatives to see for themselves that the boxes are properly sealed.
After that the voting members of the commission open the portable ballot boxes and count the ballots contained in each box separately. The number of ballots of a standard form shall by determined for each portable box separately and the total number of ballots of a standard form taken out of the portable ballot boxes shall be entered in line 8 of the protocol of voting results and in its enlarged form. If the number of ballots inside a portable ballot box exceeds the number of written applications for voting outside the voting premises marked with the number of received ballots, which correspond to the given ballot box, the precinct election commission shall declare all ballots contained in this portable ballot box invalid. In this case, a statement shall be attached to the commission’s protocol noting this fact and indicating the names and initials of members of the precinct election commission who accompanied the portable ballot box. The number of ballots so invalidated shall be entered in line 12 of the protocol of voting results and in its enlarged form.
Stationary ballot boxes shall be opened after it has been established that the seals thereon are intact.
Members of the precinct election commission shall sort out ballots taken out of the portable and stationary ballot boxes according to votes cast for each candidate and votes cast against all candidates, putting aside ballots which do not conform to the standard format and invalid ballots. While doing this members of the precinct election commission shall read aloud the notes made by voters on ballots and show the ballots for visual inspection to all persons present at direct vote counting. The contents of two and more ballots shall not be read out simultaneously.
Then, votes cast by voters shall be counted according to ballots of the standard form. No less than two members of the election commission shall count the ballots separately for each candidate and for the option «against all candidates.» The results of the counting shall be entered in lines 14 and 15 of the protocol of voting results and in its enlarged form.
Invalid ballots shall be counted and summed up separately. Ballots shall be pronounced invalid if they make it impossible to establish the expression of a voter's will, including ballots where several or none of the boxes are marked. If any doubts arise, the precinct election commission shall decide the matter by voting. If a ballot is pronounced invalid, the precinct election commission shall make a note on the back of this ballot indicating the reasons for invalidating the ballot. This note shall be certified by the signatures of no less than three commission members and the seal of the commission. The number of invalid ballots shall be entered in lines 11 and 13 of the protocol of voting results and in its enlarged form.
Members of the precinct election commission shall count the number of valid ballots and shall enter this number in line 10 of the protocol of voting results and in its enlarged form.
Members of the precinct election commission shall count the number of ballots of the standard form in the stationary ballot boxes, announce this number and enter it in line 9 of the protocol of voting results and in its enlarged form.
After this, non-voting members of the election commission, observers, foreign (international) observers, media representatives may examine the sorted out ballots under the supervision of voting members of the precinct election commission.
Then, the control relationships of data entered in the protocol of voting results shall be checked. If the control relationships do not coincide, the precinct election commission shall carry out additional counting of votes for all or some of the lines of the protocol of voting results.
The protocol of voting results shall be filled out in three copies and shall be signed by all present voting members of the precinct election commission indicating the signing date and time (hour, minutes).
If some voting members of the precinct election commission are absent when the protocol of voting results is filled out, a note to this effect shall be made in the protocol, indicating the reason for their absence. The protocol of voting results shall be valid if it is signed by the majority of the established number of voting members of the given election commission.
It shall not be allowed to fill out the protocol of voting results with a pencil or make any corrections therein. At the signing of the protocol the voting members of the precinct election commission who disagree with the contents of the protocol may attach their dissenting opinion to the protocol and a note to this effect shall be made in the protocol.
Upon a request of a member of the precinct election commission, an observer, a candidate or his/her agent immediately after signing of the protocol of voting results the precinct election commission shall issue a copy of the protocol of voting results to these persons or allow them to make its copy and shall certify this copy.
After the protocol of voting results of the precinct election commission was signed by all present voting members of the precinct election commission the first copy of the protocol shall be immediately forwarded to the district election commission and shall not be returned to the precinct election commission. Attached to the first copy of the protocol of voting results shall be the dissenting opinions of voting members of the precinct election commission, complaints (statements) received by the election commission about violations of this Law and decisions of the election commission taken in response to these complaints (statements) as well as acts drawn up by the precinct election commission. Certified copies of the aforementioned documents and decisions of the precinct election commission shall be attached to the second copy of the protocol.
The second copy of the protocol together with the electoral documentation provided by this Law, including ballots and the seal of the precinct election commission, shall be kept by the secretary of the precinct election commission under a seal in a guarded room until the commission finishes its work.
The third copy of the protocol (or its copy) shall be posted for general observation in a place to be designated by the precinct election commission.
In cases and in a manner provided by laws of the [Subject of the Russian Federation] precinct election commissions may use technical devices to organize voting and count votes cast in elections, including ballot scanners. When technical devices are used for vote counting no vote counting data shall be disclosed until the end of voting in the given electoral precinct with the exception of the data concerning voter turnout.
The data recorded in the protocol of voting results shall be transmitted over technical communication channels in an electronic form to the district election commission. Subsequently, the first copy of the protocol of voting results with all electoral documentation attached to it shall be handed over to the district election commission at the earliest opportunity.
Article 74 - Vote Recounting
If, after the protocol of voting results and/or a summary table have been signed and their first copies have been sent to the higher election commission, the election commission which sent the protocol, summary table finds an inaccuracy (slip of the pen, misprint or an error in the summation of data received from lower election commissions), this commission may, at its meeting, consider a question of correcting the protocol and/or the summary table. If shall be mandatory that the commission make the decision known to its non-voting members, observers and other persons who were present when the previously approved protocol or summary table were compiled as well as media representatives. In this case the election commission shall draw up a protocol of voting results and write a word «Redrawn» thereon. This protocol shall be immediately forwarded to the higher election commission.
Upon detection of errors, inconsistencies in the protocols of voting results and/or summary tables of voting results and when doubts arise as to the correctness of the protocols and/or summary tables received from a lower election commissions the higher election commission may resolve that the lower election commission carry out the recounting or may itself recount the votes cast by voters in the given electoral precinct or territory. Votes shall be recounted in the presence of a voting member (voting members) of the higher election commission by the election commission which drew up and approved the protocol to be verified or by the commission that resolved that votes be recounted. The election commission which is to recount votes shall inform about the recounting the non-voting members of the given election commission, candidates and their agents, authorized representatives and agents of electoral associations, electoral blocs, media representatives, who shall be entitled to be present at vote recounting. On the basis of the results of vote recounting the election commission which carried out the recounting shall draw up a protocol of voting results and make a note «Recounting of votes» thereon. The protocol shall be immediately forwarded to the higher election commission.
Article 75 - Rules for Determination of the Election Results
A candidate shall be deemed to have been elected if he/she received more than a half of the total number of votes cast by voters for candidates in a single-mandate electoral district.
Repeat voting shall be carried out under this Law if none of the candidates received more than a half of the total number of votes cast for candidates in a single-mandate electoral district.
Elections in a single-mandate electoral district shall be declared not to have taken place:
if less than 25 percent of the total number of voters registered in the given electoral district took part in the elections, or
if the number of votes cast against all candidates is greater than the number of votes cast for the candidate who received the largest number of votes as compared to the other candidates (candidate).
Elections in a single-mandate electoral district shall be declared null and void:
if violations of this Law committed in the course of voting or determination of voting results make it impossible reliably to determine the results of the expression of voters' will, or
if the elections were declared null and void in more than one-fourth of the electoral precincts, or
by a court ruling.
If elections in a single-mandate electoral district have been declared null and void or not to have taken place, repeat elections of deputies shall be held in this electoral district by a decision of the election commission of the [Subject of the Russian Federation].
Article 76 - Determination of the Election Results and Compilation of the Protocol of a District Election Commission
Based on the data contained in the first copies of the protocols of voting results received from precinct election commissions a district election commission shall determine the election results in the given single-mandate electoral district not later than 3 days after voting day. The data of the protocols of precinct election commissions shall be summed up and counted directly by the voting members of a district election commission.
The following data shall be entered in the lines of the commission's protocol of the election results:
the number of precinct election commissions in the district;
the number of protocols of precinct election commissions on the basis of which the protocol of the district election commission was drawn up;
the results obtained by summing up the data of the appropriate lines of the protocols of voting results received from precinct election commissions;
one of the following decisions to be taken by the election commission:
a) to declare a candidate elected, indicating the candidate's first, middle and last name;
b) to conduct repeat voting on two candidates, indicating their first, middle and last names;
c) to declare the elections null and void;
d) to declare the elections not to have taken place.
District election commissions shall draw up their protocol in triplicate with all copies to be signed by all voting members of the election commission present. Protocol-drawing may be witnessed by candidates, their agents, observers, foreign (international) observers and media representatives. A summary table of voting results for the electoral district containing complete data of the protocols of all precinct election commissions shall be attached to the protocol. A member of a district election commission who disagrees with the whole protocol of voting results or some parts thereof may attach his/her dissenting opinion to the first copy of the protocol, with a special note to this effect to be made in the protocol.
The first copy of the protocol of a district election commission and of the summary table shall be immediately forwarded to the election commission of the [Subject of the Russian Federation] along with the complaints (statements) about violations of this Law submitted to a district election commission and decisions of the election commission thereon shall be attached to the first copy of the protocol.
The second copy of the protocol and of the summary table shall be kept by the secretary of the district election commission. Certified copies of complaints (statements) and decisions of a district election commission thereon shall be attached to the second copy of the protocol. Also attached to the second copy of the protocol shall be the lists of non-voting members of the district election commission, candidates, their agents, foreign (international) observers and media representatives who were present when the election results were determined and the protocol drawn up.
The third copy of the protocol shall be provided for inspection to candidates, their agents, foreign (international) observers and media representatives. All these persons shall be entitled to receive copies of the third copy of the protocol certified by the given district election commission.
Within 12 hours after the protocol was drawn up a district election commission shall post a Xeroxed copy or some other accurate reproduction of the third copy of the protocol and the summary table for general observation in the building where the district election commission is located or in any other public place nearby. The documents shall be displayed for ten days and shall be open for general observation every day during this period for at least 3 hours at the time convenient for voters.
A district election commission shall be responsible for the preservation and safekeeping of the second copies of protocols of voting results and of summary tables as well as other documents attached thereto pursuant to this article for at least one year from the date on which the next elections to the legislative (representative) body of state power of the [Subject of Russian Federation] were called. Ballots and documents of the election commission other than protocols, summary tables and complaints (statements) about violations of this Law submitted to district election commissions and decisions taken by the election commissions thereon shall be preserved for at least one from the date on which the voting results and the election results were announced.
Article 77 - Repeat Voting
In an electoral district where more than two candidates were running and no candidate received more than 50% of all votes cast for candidates, repeat voting shall be held on two candidates who received the largest number of votes. If one of the candidates on whom repeat voting is to be conducted withdraws his/her candidature before voting day, by a decision of the election commission of the [Subject of the Russian Federation] his/her place shall be given to the candidate who received the next smaller number of votes in the given elections. If the next candidature has not been established or if all candidates have dropped out, the elections shall be postponed by 70 days for nomination of additional candidates and performance of the necessary electoral actions. In this case, subject to a decision of the election commission of the [Subject of the Russian Federation] the period for the performance of the electoral actions may be reduced by one-third with the exception of actions which are to be performed within the last 15 days prior to voting day.
Repeat voting shall be held on Sunday two weeks after the day of the general elections.
The candidate who receives the greater number of votes in the repeat voting shall be deemed to have been elected in a single-mandate electoral district provided the number of votes cast against all candidates is less than the number of votes polled by the given candidate.
Should an equal number of votes be cast for the candidates, the candidate who was registered earlier shall be declared elected.
Article 78 - Repeat Elections
If elections in a single-mandate electoral district have been declared null and void or not to have taken place, repeat elections of deputies shall be held within 90 days after a decision was taken to declare the elections null and void or not to have taken place. In this case, by a decision of the election commission of the [Subject of the Russian Federation] the periods for the performance of electoral actions may be reduced by one-third with the exception of the actions which are to be performed within the last 15 days before voting day.
The election commission of the [Subject of Russian Federation] shall announce the date of repeat elections not later than seven days after voting day. This announcement shall be published in the mass media.
Article 79 - Determination of the General Outcome of Elections
Not later than seven days after voting day the election commission of the [Subject of Russian Federation] shall determine the general outcome of the elections on the basis of. the data received from district election commissions. The general outcome of the elections shall be officially published not later than 14 days after voting day.
The protocol of the election commission of the [Subject of the Russian Federation]:on the general outcome of the elections shall indicate:
· the first, middle and last name of the elected candidates;
· the single-mandate districts where repeat voting shall be held;
· the single-mandate districts where elections have not taken place;
· the single-mandate districts where elections have been declared null and void.
The protocol of the election commission of the [Subject of the Russian Federation] shall be signed by all election commission members present. Attached to the protocol shall be a summary table of voting results in the territory of the [Subject of the Russian Federation] which shall include full data of the protocols of district election commissions. Members of the election commission of the [Subject of Russian Federation] who disagree with the election results contained in the protocol wholly or in part may attach their dissenting opinion to the protocol and a special note to this effect shall be made in the protocol.
Upon request the election commission of the [Subject of the Russian Federation] shall furnish certified copies of its protocol and summary table to candidates, their agents, observers, foreign (international) observers and media representatives.
The originals of the protocol and the summary table on the general outcome of elections compiled by the election commission of the [Subject of the Russian Federation] and the first copies of the protocols and the summary tables received from the lower election commissions by the election commission of the [Subject of Russian Federation] shall be kept for at least one year after the date of the next elections to the legislative (representative) body of state power of the [Subject of Russian Federation] is announced. Documents of the election commission, other than protocols, summary tables, complaints (statements) about violations of this Law submitted to the election commission of the [Subject of the Russian Federation] and decisions taken thereon by the election commission shall be kept for at least one year from the day on which the voting results and the outcome of elections were announced.
Article 80 - Registration of Elected Deputies
In compliance with the Charter (Constitution) of the [Subject of the Russian Federation] and laws of the [Subject of the Russian Federation] a candidate who has been elected to the legislative (representative) body of state power of the [Subject of the Russian Federation] shall notify the election commission of the [Subject of the Russian Federation] in writing that he/she has resigned all duties or powers incompatible with the status of a deputy.
After the official publication of the general outcome of the elections, the election commission of the [Subject of the Russian Federation] shall register deputies elected in single-mandate electoral districts and issue them certificates of election provided they have complied with the requirements set forth in the preceding part of this article.
Article 81 - Announcement of Voting Results and the Results of Elections of Deputies
The voting results for each electoral precinct, the election results in electoral districts within the scope of the data contained in the protocol of the appropriate election commission and precinct election commissions of the next lower level shall be made available by the election commission to voters, candidates, agents of candidates, observers, foreign (international) observers, media representatives upon their request.
District election commissions shall release to the mass media the general information about the election results in the electoral district within 24 hours after the election results have been determined.
The outcome of the elections and the information concerning the number of votes received by each candidate and the number of votes cast against all candidates shall be officially published by a district election commission not later than 14 days after voting day.
A district election commission shall publish in the local press the complete data contained in its protocol of the voting results and the outcome of the elections and the protocols of all precinct election commissions of the given electoral district not later than 30 days after voting day. If repeat voting was held in the district, voting results of the first round of voting may be published simultaneously with the results of the second round, but not later than 20 days after the day of repeat voting.
Within 60 days of voting day, the election commission of the [Subject of the Russian Federation] shall publish in the press the complete data of the protocols of all district election commissions.
Article 82 - Filling of Deputy Vacancies
If a deputy elected in a single-mandate electoral district pursuant to the Constitution (Charter) of the [Subject of the Russian Federation] has been removed from office, has resigned, or is unable to perform his/her duties as a deputy before expiration of the term of powers of the legislative (representative) body of state power of the [Subject of Russian Federation], the election commission of the [Subject of the Russian Federation] shall announce the date of by-elections to elect a deputy in the given single-mandate district. These elections shall be held within three months after such a vacancy is created.
If the term of powers of the legislative (representative) body of state power of the [Subject of the Russian Federation] is to expire in less than a year, by-elections shall not be held, provided the number of vacancies is not such as to prevent the legislative (representative) body of state power of the [Subject of Russian Federation] from exercising its powers as provided by the Constitution (Charter) of the [Subject of the Russian Federation], laws of the [Subject of Russian Federation] or rules of the legislative (representative) body of state power of the [Subject of Russian Federation].
Article 83 - Use of the State Automated Information System
In elections of deputies of the legislative (representative) body of state power of the [Subject of the Russian Federation] use may be made of the state automated information system as provided by the Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum,» other federal laws, this Law, other laws of the Subject of the Russian Federation.
When the entire state automated information system or its separate technical facilities are used in the elections of the corresponding level, specifically, for voter registration, compilation of voter lists, determination of voting results and the outcome of the elections, a district or a precinct election commission shall form a team consisting of voting and non-voting commission members to monitor the use of the state automated information system (or separate technical facilities thereof). All members of the election commission, observers shall be entitled to inspect any information entered into the state automated information system.
From the beginning of voting and up to the time when a precinct election commission signs the protocol of voting results the state automated information system shall be used to monitor the progress and results of voting by transmission of data from precinct election commissions to district election commissions. Information concerning the progress and results of voting obtained through the state automated information system shall be preliminary and shall not have any legal significance.
When the state automated information system is used in the course of elections, the information about voter turnout, preliminary and final voting results shall be readily accessible (in the «read only» mode) to the users of the public information-communication network in a manner to be established by the election commission of the [Subject of the Russian Federation]. The procedure and the time for the provision of such information shall not conflict with the requirements of the electoral laws of the Russian Federation.
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