On the Clarification of Certain Issues In the Application of Articles 45, 47 and 64 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» When an Electoral Deposit Is Paid For Registration of
CENTRAL ELECTION COMMISSION
OF THE RUSSIAN FEDERATION
RESOLUTION
September 25, 1999
No. 16/134-3
Moscow
On the Clarification of Certain Issues In the Application of Articles 45, 47 and 64 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» When an Electoral Deposit Is Paid For Registration of Candidates Nominated in Single-Mandate Electoral Districts, Federal Lists of Candidates
In accordance with Article 24 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation», the Central Election Commission of the Russian Federation resolves:
1. To approve the Clarification of Certain Issues In the Application of Articles 45, 47 and 64 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» When an Electoral Deposit Is Paid For Registration of Candidates Nominated in Single-Mandate Electoral Districts, Federal Lists of Candidates (the text of the Clarification is attached hereto).
2. To forward this resolution to election commissions of Subjects of the Russian Federation, district election commissions for the election of deputies of the State Duma of the Federal Assembly of the Russian Federation.
3. To publish this resolution in the «Bulletin of the Central Election Commission of the Russian Federation» and in the newspaper «Rossiyskaya Gazeta».
A.A.Veshnyakov
Chairman
Central Election Commission
of the Russian Federation
O.K.Zastrozhnaya
Secretary
Central Election Commission
of the Russian Federation
CLARIFICATION
APPROVED
RESOLUTION
of the Central Election Commission
of the Russian Federation
No. 16/134-3 of September 25, 1999,
of Certain Issues In the Application of Articles 45, 47 and 64 of the Federal Law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» When an Electoral Deposit Is Paid For Registration of Candidates Nominated in Single-Mandate Electoral Districts, Federal Lists of Candidates
1. In accordance with Clause 5 of Article 32 of the Federal Law «On Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum», Clause 5 of Article 45, and Clause 1 of Article 47 of the Federal law «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» (hereafter «the Federal Law»), at the option of a candidate, an electoral association, electoral bloc the appropriate election commission shall register the candidate, federal list of candidates either on the basis of the submitted voter signatures or on the basis of an electoral deposit – a sum of money paid by the candidate into a special account of the election commission of a Subject of the Russian Federation or by the electoral association, electoral bloc into a special account of the Central Election Commission of the Russian Federation (hereafter «CEC RF»).
Upon payment of an electoral deposit the candidate, the electoral association, electoral bloc shall submit to the appropriate election commission a copy of the payment order for remittance of the electoral deposit, marked by a branch of the Savings Bank of the Russian Federation to confirm that the order was accepted for execution, as well as other documents unrelated to signature collection, which are required for registration of a candidate, federal list of candidates. An electoral deposit shall be paid in a procedure established by Article 64 of the Federal Law and the «Directions on the Procedures for Forming and Expending Electoral Funds of Candidates, Registered Candidates, Electoral Associations and Electoral Blocs in the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation» approved by CEC RF Resolution No. 9/53-3 of August 18, 1999.
2. In accordance with Clauses 1 and 2 of Article 45, Clause 1 of Article 47, Clause 5 of Article 64 of the Federal Law, signature lists (a copy of the payment order for remittance of an electoral deposit, marked by a branch of the Savings Bank of the Russian Federation to confirm that the order was accepted for execution), and other financial documents needed for the registration of candidates, federal lists of candidates shall be submitted to the appropriate election commission not earlier than 85 days and not later than 55 days prior to voting day (before 6:00 pm local time). Submission of the necessary package of documents is the expression of a will of (an option chosen by) a candidate, electoral association, electoral bloc stipulated by the Federal Law.
The registration documents submitted to the election commission shall not be recalled.
Within 10 days after acceptance by the election commission of signature lists (after payment of an electoral deposit into the special account of the CEC RF, election commission of a Subject of the Russian Federation and submission of a copy of the payment order for remittance of the electoral deposit, marked by a branch of the Savings Bank of the Russian Federation to confirm that the order was accepted for execution) and after acceptance of other registration documents the election commission shall either register the candidate, federal list of candidates or take a motivated decision to refuse registration. During this time period, submission to the election commission of other documents in support of the registration of a candidate, federal list of candidates shall not be allowed, save as provided otherwise by Para. 3 of this Clarification.
3. In accordance with Subclause «c» Clause 6 and Clause 7 of Article 47 of the Federal Law, after submission to the election commission of signature lists and other documents necessary for registration, but before the election commission takes a decision to register a candidate, federal list of candidates or to refuse registration and before the elapse of 55 days prior to voting day, the candidate or an authorized representative of the electoral association, electoral bloc shall have the right to submit to the election commission a copy of the payment order for remittance of an electoral deposit, marked by a branch of the Savings Bank of the Russian Federation to confirm that the order was accepted for execution, and other documents required by the Federal Law when an electoral deposit is to be paid.
If as a result of the verification of the data contained in signature lists carried out in accordance with Article 46 of the Federal Law, the number of authentic signatures is not enough for registration or the number of unauthentic signatures exceeds 15 percent of the number of signatures selected for verification, and in the absence of any other grounds stipulated by the Federal Law for the refusal of registration of a candidate, federal list of candidates, the election commission shall, within 10 days after acceptance of signature lists, take a decision to register the candidate, federal list of candidates on the basis of an electoral deposit. The decision shall indicate the fact that the number of authentic signatures is not enough for registration or the number of unauthentic signatures exceeds 15 percent of the number of signatures selected for verification.
4. In accordance with Clauses 6 and 7 of Article 47, and Clause 2 of Article 91 of the Federal Law, if registration of a candidate, federal list of candidates was refused on the grounds stipulated by Subclauses «b» and «c» of Clause 6 of Article 47 of the Federal Law, the nominator (nominators) of the candidate, federal list of candidates has (have) the right to submit the registration documents in the same electoral district in which the candidate, federal list of candidates were nominated, provided the provisions of Clauses 1 and 2 of Article 45 of the Federal Law are complied with.
In this case repeated notification of the district election commission about nomination of a candidate, or repeated submission to the district election commission of a CEC RF-certified copy of the list of candidates nominated in single-mandate election districts or repeated nomination of the federal list of candidates at the conference of an electoral association, representatives of electoral associations shall not be required.
In accordance with Articles 62 and 63 of the Federal Law in the above case an electoral deposit may be paid into a special account of the appropriate election commission out of the electoral fund of a candidate, electoral association, electoral bloc that was established earlier, after notification of the district election commission about nomination of the said candidate or after submission to the district election commission of a CEC RF-certified copy of the list of candidates nominated in the single-mandate election districts, or after receipt of a CEC RF-certified copy of the federal list of candidates, respectively.
5. In accordance with Clause 5 of Article 45, and Clauses 5, 7-10 of Article 64 of the Federal Law, if a candidate or a federal list of candidates was registered on the basis of the submitted voter signatures and if, at the same time, an electoral deposit was paid into a special account of the election commission of a Subject of the Russian Federation or the CEC RF without submission to the appropriate election commission of documents necessary for the registration of the said candidate, federal list of candidates, or an electoral deposit was paid in accordance with Para. 3 of the this Clarification, the electoral deposit that was received to a special account of the election commission shall be returned to the appropriate electoral fund not later than 10 days after registration of the candidate, federal list of candidates
If in the period that starts 85 days prior to voting day and ends 55 days prior to voting day, the appropriate election commission did not receive documents required for the registration of a candidate, federal list of candidates, or a candidate’s notification that he/she recalls the statement expressing his/her consent to run , or a statement from the electoral association or electoral bloc withdrawing the federal list of candidates and, in the meantime, an electoral deposit was paid into a special account of the election commission of a Subject of the Russian Federation or the CEC RF by the given candidate, electoral association, electoral bloc, this deposit shall be forfeited for the benefit of the federal budget not later than 60 days after voting day.
6. A candidate registered in a single-mandate electoral district, an electoral association, electoral bloc that registered a federal list of candidates are not allowed once again to submit the electoral documents required for registration under the Federal Law to a district election commission or to the CEC RF, respectively. In accordance with Clauses 2 and 4 of Article 52 of the Federal Law, if a candidate registered in a single-mandate electoral district withdraws his/her candidacy, he/she shall retain the right to be nominated once again in compliance with the procedure and deadlines established by the Federal Law.
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