Chapter 11. VOTE COUNTING. DETERMINATION OF VOTE RETURNS AND ESTABLISHMENT OF THE RESULTS OF THE ELECTION OF DEPUTIES OF THE STATE DUMA
Article 78. Protocol of Vote Returns of the Precinct Election Commission
1. The precinct election shall deliver its decision on vote returns in the form of a protocol of vote returns for the given electoral precinct.
2. The protocol of vote returns of the 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 protocol shall be numbered, signed by all present voting members of the precinct election commission and sealed with the commission's seal. The protocol of vote returns of the precinct election commission shall contain the following:
(1) copy No.;
(2) the name of the election, date of voting;
(3) the word "Protocol";
(4) the address of the polling station and the number of the electoral precinct;
(5) the following lines of the protocol:
(a) line 1: the number of voters entered in the voter list as of the end of voting;
(b) line 2: the number of ballots received by the precinct election commission;
(c) line 3: the number of ballots issued to early voters;
(d) line 4: the number of ballots issued by the precinct election commission to voters at the polling station on voting day;
(e) line 5: the number of ballots issued to voters who voted outside the polling station on voting day;
(f) line 6: the number of canceled ballots;
(g) line 7: the number of ballots in the mobile ballot boxes;
(h) line 8: the number of ballots in the stationary ballot boxes;
(i) line 9: the number of invalid ballots;
(j) line 10: the number of valid ballots;
(k) line 11: the number of absentee certificates received by the precinct election commission;
(l) line 12: the number of absentee certificates issued by the precinct election commission at the polling station before voting day;
(m) line 13: the number of voters who voted at the polling station on the basis of absentee certificates;
(n) line 14: the number of cancelled unused absentee certificates;
(o) line 15: the number of absentee certificates issued to voters by the territorial election commission;
(p) line 16: the number of lost ballots;
(q) line 17: the number of ballots unrecorded when received;
(r) line 18 and the lines which follow it which are used to enter the names of the political parties which registered federal lists of candidates in the sequence of their placement on the ballot and the number of votes cast for each federal list of candidates;
(Sub-Paragraph “r” as amended by Federal Law No. 107-FZ of July 12, 2006)
(6) information about the number of complaints (grievances) appended to the protocol, which were received by the precinct election commission on voting day and before the end of vote counting;
(7) the surnames and initials of the chairman, the deputy chairman, the secretary and the other voting members of the election commission and their signatures (if the protocol consists of more than one sheet – on each sheet of the protocol);
(8) the date and time (hour and minutes) when the protocol was signed (if the protocol consists of more than one sheet – on each sheet of the protocol);
(9) the seal of the election commission (if the protocol consists of more than one sheet – on each sheet of the protocol).
3. The numbers mentioned in Part 2 of this article shall be entered by the precinct election commission in digits and words.
Article 79. Counting of Votes and Preparation of the Protocol of Vote Returns of by the Precinct Election Commission
1. Vote counting shall be open and transparent, with all results of the counting of ballots and votes carried out by the voting members of the precinct election commission being consecutively announced and entered in the enlarged form of the protocol of vote returns. The persons mentioned in Part 5, Article 29 of this Federal Law shall be allowed to be present at and observe vote counting.
2. After the voting time expires, the chairman of the 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 the precinct election commission and to other persons mentioned in Part 5, article 29 of this Federal Law.
3. After the end of voting, the voting members of the precinct election commission in the presence of the persons mentioned in Part 5, Article 29 of this Federal Law shall count unused ballots, cancel them by cutting off the lower left corner of such ballots (care shall be taken to avoid damaging the boxes printed on the ballots against the names of the political parties), announce the number of cancelled ballots, obtained by summing up the number of unused ballots and the number of ballots spoiled by voters in the course of voting, and enter the number of cancelled ballots in line 6 of the protocol of vote returns and in the enlarged form of this protocol. After that the members of the precinct election commission shall announce the number of unused absentee certificates which is indicated in the document executed in accordance with Part 8, Article 74 of this Federal Law and enter this number in line 14 of the protocol and its enlarged form. The cancelled ballots and absentee certificates may be examined by the persons, mentioned in Part 5, Article 29 of this Federal Law, under the supervision of voting members of the precinct election commission.
(as amended by Federal Law No. 107-FZ of July 12, 2006)
4. The chairman, the deputy chairman or the secretary of the precinct election commission shall announce the number of ballots received by the precinct election commission and enter this number in line 2 of the protocol of vote returns of the precinct election commission and its enlarged form and shall announce the number of absentee certificates received by the precinct election commission and enter this number in line 11 of the protocol and its enlarged form.
5. Before starting to count votes the voting members of the precinct election commission shall enter the following summary data in each page of the voter list relating to this page:
(1) the number of voters entered in the voter list as of the end of voting (minus the voters who received absentee certificates from the territorial election commission and the precinct election commission and voters removed from the voter list for other reasons);
(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 voter 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 voter list);
(4) the number of early voters (as established on the basis of the number of appropriate entries in the voter 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 the territorial election commission.
6. After the data mentioned in Part 5 of this article has been entered, each page of the voter list shall be signed by the voting member of the precinct election commission who entered this data and then this voting member of the precinct election commission shall announce this data and make it known to the chairman, the deputy chairman or the secretary of the precinct election commission and to the persons present at vote counting. The chairman, the deputy chairman or the secretary of the precinct election commission shall announce the summarized data obtained by summing up the data established in accordance with Part 5 of this article for all pages of the voter list, write this data on the last page of the voter list and certify it with his signature and the seal of the precinct election commission. The announced data shall be entered in the corresponding lines of the protocol of vote returns of the precinct election commission and its enlarged form:
(1) the number of voters entered in the voter list as of the end of voting - in line 1;
(2) the number of ballots issued to early voters - in line 3;
(3) the number of ballots issued to voters at the polling station on voting day - in line 4;
(4) the number of ballots issued to voters who voted outside the polling station on voting day - in line 5;
(5) the number of absentee certificates issued by the precinct election commission to voters of this electoral precinct before voting day - in line 12;
(6) the number of voters who voted in this electoral precinct on the basis of absentee certificates - in line 13;
(7) the number of absentee certificates issued to voters by the territorial election commission - in line 15.
7. After the performance of the actions set forth in Part 6 of this article, the voter list shall be made available for examination to the persons mentioned in Part 5, Article 29 of this Federal Law, and the non-voting members of the precinct election commission may make sure that the counting was carried out correctly.
8. No further work shall be carried out on the voter list until the control relationships of the data entered in the protocol of vote returns of the precinct election commission are checked as provided by Part 21 of this article. In the meantime, the voter list shall be kept in a safe or at some other place specially equipped for safekeeping of documents. The chairman or the secretary of the precinct election commission shall make arrangements for the safekeeping of the voter list so as to make it inaccessible to the persons present at the polling station.
9. Vote counting shall be carried out from the ballots contained in the ballot boxes by the voting members of the precinct election commission.
10. Non-voting members of the precinct election commission, other persons mentioned in Part 5, Article 29 of this Federal Law may be present when votes are being counted.
11. Votes shall be counted at the polling station, in special places fitted out so as to be accessible to the voting and non-voting members of the precinct election commission. Voting members of the precinct election commission, with the exception of the chairman, deputy chairman and the secretary of the precinct election commission, shall be prohibited from using any writing utensils during vote counting, save as otherwise provided by Parts 13 and 16 of this article. All actions of members of the precinct election commission shall be in the field of vision of the persons present at vote counting.
12. When sorting out the ballots the precinct election commission shall separate ballots of non-standard form, i.e., ballots which were not produced officially or are not certified by the precinct election commission. Non-standard ballots shall not be reckoned in when votes are counted. Such ballots shall be packed separately and sealed.
13. 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, upon the request of the chairman of the precinct election commission, the integrity of the seals shall be confirmed by the members of the precinct election commission and other persons present at vote counting. Votes shall be counted so as to avoid violating the secrecy of voting, with non-standard ballots being put apart. The number of standard ballots taken out of the ballot boxes shall be announced and entered in line 7 of the protocol of vote returns of the precinct election commission and its enlarged form. If the number of standard ballots found in the mobile ballot box exceeds the number of notes made in the voter list to indicate that the voter voted early or the number of applications of voters marked to indicate receipt of a ballot, all ballots in the given mobile ballot box shall be declared invalid by the decision of the precinct election commission and this fact shall be recorded in a separate certificate which shall be appended to the corresponding protocol of vote returns. This certificate shall indicate the surnames and initials of the members of the 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 announced, entered in the aforementioned certificate and subsequently added to the number of invalid ballots found when the ballots were sorted out. The reason why the ballot was invalidated shall be noted on the face of all such ballots, on the boxes located against the names of political parties. The note shall be signed by two voting members of the precinct election commission and certified by the commission's seal. Such ballots shall be packed separately, sealed and shall not be reckoned in during further vote counting.
14. Stationary ballot boxes shall be opened after the integrity of their seals is checked.
15. The voting members of the precinct election commission shall sort out the ballots taken out of the mobile and stationary ballot boxes and put them into separate bundles according to the votes cast for each federal list of candidates; at the same time, they shall put apart non-standard and invalid ballots. While sorting out the ballots, the voting members of the precinct election commission shall read aloud the notes made by voters on ballots and show the ballots for examination to all persons present at vote counting. The notes on two and more ballots shall not be read aloud simultaneously.
(as amended by Federal Law No. 107-FZ of July 12, 2006)
16. Invalid ballots shall be counted and summed up separately. Ballots shall be pronounced invalid if they do not contain any marks in the boxes against the names of the political parties 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, the precinct election commission shall take a decision on the validity of each doubtful ballot by voting. A note explaining the reasons why the ballot was pronounced valid or invalid shall be made on the back of such ballots. This note shall be certified by the signatures of not less than two voting members of the precinct election 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 Part 13 of this article) shall be announced and entered in line 9 of the protocol of vote returns of the precinct election commission and its enlarged form.
(as amended by Federal Law No. 107-FZ of July 12, 2006)
17. After that the sorted out standard ballots shall be counted separately in each bundle, according to the votes cast for each federal list of candidates. Ballots shall be counted one by one 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 line 18 and subsequent lines of the protocol of vote returns of the precinct election commission and its enlarged form.
(as amended by Federal Law No. 107-FZ of July 12, 2006)
18. The voting members of the precinct election commission shall determine the number of valid ballots by summing up the data of line 18 and subsequent lines of the protocol of vote returns of the precinct election commission, announce the number of valid ballots and enter this number in line 10 of the protocol and its enlarged form.
19. The voting members of the precinct election commission shall determine the number of standard ballots contained in the stationary ballot boxes, announce this number and enter it in line 8 of the protocol of vote returns of the precinct election commission and its enlarged form.
20. After that observers, foreign (international) observers may examine the sorted out ballots under the supervision of voting members of the precinct election commission, and non-voting members of the commission may make sure that the counting was carried out correctly.
21. After non-voting members of the precinct election commission, observers, foreign (international) observers examine the sorted out ballots, the control relationships of the data entered in the protocol of vote returns of the precinct election commission shall be checked in accordance with Annex 3 to this Federal Law, according to the procedure established by the Central Election Commission of the Russian Federation. If these control relationships are not complied with, the precinct election commission shall decide to carry out additional data calculation for all or some of the lines of the protocol, including additional counting of ballots. If, after additional calculation of the data in lines 2, 3, 4, 5 and 6 of the protocol the control relationships are not complied with again, the precinct election commission shall draw up a statement to this effect to be appended it to the protocol and shall enter the information about the discrepancies in the special lines of the protocol: line 16 “Number of lost ballots“ and line 17 “Number of ballots unrecorded when received.” If the number indicated in line 2 is larger than the sum of the numbers indicated in lines 3, 4, 5 and 6, 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 digit “0” shall be put in line 17. If the sum of the numbers indicated in lines 3, 4, 5 and 6 is larger than the number indicated in line 2, 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 digit “0” shall be put in line 16. If changes have to be made in the protocol on the basis of additional calculations, 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 digit “0” shall be put in lines 16 and 17.
22. After the counting has been completed the ballots shall be packed in separate bundles according to the votes cast for federal lists of candidates. Invalid and cancelled ballots shall be packed in separate bundles. Each bundle of ballots shall be marked to indicate the quantity of ballots in the bundle, the name of the political party marked in the ballots or shall bear an inscription “Invalid ballots.” The ballots packed as above as well as the ballots packed in accordance with Clauses 12 and 13 of this article, the packed absentee certificates and the voter list shall be placed in bags or boxes which shall be marked with the number of the electoral precinct, the total quantity of all packed ballots, the total quantity of all packed absentee certificates. The bags or boxes shall be sealed and may be opened only by a decision of the higher-level election commission or a court. Voting and non-voting members of the precinct election commission, other persons indicated in Part 5, Article 29 of this Federal Law may put their signatures on these bags or boxes.
(as amended by Federal Law No. 107-FZ of July 12, 2006)
23. After all necessary actions and all counting and calculation operations are completed it shall be mandatory for the precinct election commission to hold a final meeting at which it shall consider complaints (grievances) concerning violations of this Federal Law committed during the voting and vote counting. Then the precinct election commission shall sign its protocol of vote returns and issue copies of the protocol to persons mentioned in Part 5, Article 29 of this Federal Law. The protocol of vote returns shall be prepared in duplicate and shall be signed by all present voting members of the precinct election commission, with the indication of the date and time (hours and minutes) when the protocol was signed. If prepared with the use of technical vote counting facilities or an e-voting complex the protocol shall become legally valid after it is signed by the aforementioned persons. The protocol 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 ground for invalidation of this protocol and for a vote recount.
24. If some voting members of the precinct election commission were absent when the protocol of vote returns of the precinct election commission was prepared, a note to this effect shall be made in the protocol indicating the reason for their absence. The protocol shall be valid if it is signed by the majority of the established number of the voting members of the precinct election commission. If the signature of at least one voting member of the precinct election commission under the protocol is put for this member by some other commission member or by some other person, this shall constitute a ground for invalidation of this protocol and for a vote recount.
25 At the signing of the protocol of vote returns of the precinct election commission any voting member of the precinct election commission who dissents from the whole protocol or any part thereof may append his dissenting opinion to the protocol and this fact shall be noted in the protocol.
26. Upon the request of any member of the precinct election commission or any person mentioned in Part 5, Article 29 this Federal Law, immediately after signing the protocol of vote returns (including a repeat protocol) the precinct election commission, shall issue these persons with certified copies of the protocol. The issuance of certified copies of the protocol shall be recorded by the precinct election commission in a special register and the person who receives a certified copy of the protocol shall sign for its receipt in the register. The responsibility for completeness and accuracy of the data contained in a copy of the protocol shall be borne by the person who certified this copy.
27. The first copy of the protocol of vote returns of the precinct election commission, after it was signed by all present voting members of the precinct election commission and its certified copies were issued to all persons entitled to receive them, shall be, without delay, delivered to the relevant territorial election commission and shall not be returned to the precinct election commission. The precinct election commissions formed in electoral precincts outside the territory of the Russian Federation shall deliver the first copy of the protocol together with the appended documents directly to the Central Election Commission of the Russian Federation or, if a territorial election commission has been formed in accordance with Part 3, Article 20 of this Federal Law – to this territorial election commission. Appended to the first copy of the protocol shall be the dissenting opinions of voting members of the precinct election commission; the complaints (grievances) concerning violations of this Federal Law received by the precinct election commission on voting day and before the end of vote counting; the decisions taken by the precinct election commission in connection with these complaints (grievances); certificates, statements and registers of the precinct election commission. Certified copies of these documents and decisions of the precinct election commission shall be appended to the second copy of the protocol. The first copy of the protocol with the appended documents shall be delivered to the territorial election commission by the chairman or the secretary of the precinct election commission or some other voting member of the precinct election commission designated by its chairman. Such delivery of the protocol may be witnessed by other members of the precinct election commission and by observers sent to the given precinct election commission. All electoral documents of precinct election commissions formed in electoral precincts outside the territory of the Russian Federation, including ballots but excluding the first copy of the protocol of vote returns of the precinct election commissions and the appended documents submitted to the higher-level election commission, shall be held in safekeeping by the diplomatic and consular missions of the Russian Federation for not less than one year from the day of the official publication of the results of the election of deputies of the State Duma, after which they shall be disposed of on the basis of an appropriate certificate, according to the procedure established by the Central Election Commission of the Russian Federation.
28. The second copy of the protocol of vote returns of the precinct election commission shall be made available for examination to the persons mentioned in Part 5, Article 29 of this Federal law and its certified copy shall be displayed to the general public at a place designated by the precinct election commission. The second copy of the protocol together with the electoral documents envisaged by this Federal Law, including the sealed ballots, the lists of non-voting members of the precinct election commission and persons mentioned in Part 5, Article 29 of this Federal Law who were present at the determination of vote returns and preparation of the protocol, the voter list and the seal of the precinct election commission shall be handed over for safekeeping to the relevant territorial election commission not later than five days after the official publication of the results of the election of deputies of the State Duma.
29. If appropriate equipment is available, immediately after the members of the precinct election commission of an electoral precinct formed in a hard-to-reach or remote area, on a ship at sea on voting day, at a polar station or outside the territory of the Russian Federation, sign the protocol of vote returns the data of this protocol shall be transmitted via technical communication channels to the higher-level election commission. It shall be mandatory that subsequently, at the earliest opportunity, the first copy of the protocol and other electoral documents mentioned in Part 27 of this article be submitted to the higher-level election commission directly or through diplomatic and consular missions of the Russian Federation.
30. The procedure for using the technical system for transmission of information about the election of deputies of the State Duma, the procedure for and periods of transmission, processing and utilization of this information, including the data of the protocols of vote returns of precinct election commissions transmitted over technical communication channels, shall be approved by the Central Election Commission of the Russian Federation.
31. If, after the protocol of vote returns of the precinct election commission was signed and its first copy was delivered to the territorial election commission, the precinct election commission, which prepared the protocol, finds any inaccuracy in protocol lines 1 - 17 (including a slip of the pen, misprint or an error in data summation) or if such inaccuracy is found by the territorial election commission in the course of the preliminary verification of the protocol, the precinct election commission shall be obliged to call a meeting to consider the question of making corrections in protocol lines 1 - 17. In its announcement about this meeting to be made in accordance with Part 2, Article 29 of this Federal Law the precinct election commission shall state that it will consider this matter at the meeting. It shall be mandatory for the precinct election commission to make the decision of the meeting known to its non-voting members, other persons who were present when the previously approved protocol or vote returns was prepared by the precinct election commission, as well as to members of the press. In this case, the precinct election commission shall prepare a protocol of vote returns marked “Repeat.” This protocol shall be forthwith delivered to the territorial election commission. The previous protocol of vote returns submitted by the precinct election commission to the territorial election commission shall be appended to the corrected protocol. If any corrections are to be made in line 18 and subsequent lines of the protocol, a vote recount shall be carried out in accordance with the procedure set forth in Part 17, Article 80 of this Federal Law. The violation of this procedure for the preparation of a repeat protocol shall constitute a ground for invalidation of this protocol.
Article 80. Determination of Vote Returns by the Territorial Election Commission
1. After the preliminary verification of the protocols of vote returns of precinct election commissions the 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 the precinct election commissions of the electoral precincts formed in hard-to-reach and remote areas, on ships at sea on voting day, at polar stations 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 by the voting members of the territorial election commission. This may be witnessed by the persons mentioned in Part 5 of Article 29 of this Federal Law.
2. The protocols of precinct election commissions shall be accepted, the data of these protocol shall be summed up and the protocol of vote returns of the territorial election commission shall be prepared in one room, so that all actions of members of the territorial election commission when they accept the protocols of precinct election commissions, sum up the data of these protocol and prepare the protocol of vote returns of the territorial election commission shall be within the field of vision of members of the territorial election commission, other persons mentioned in Part 5, Article 29 of this Federal Law. There shall be an enlarged form of the summary table of the territorial election commission in this room, where the data of the protocols of vote returns of precinct election commissions shall be entered and the time of the entry indicated immediately after the first copy of these protocols is delivered by the chairman, the secretary or some other voting member of the precinct election commission.
3. The chairman, the secretary or some other voting member of the precinct election commission shall hand in the first copy of the protocol of vote returns of the precinct election commission together with the appended documents to a voting member of the territorial election commission, who shall check to see that the protocol is prepared correctly and that all required documents are appended to the protocol. If the territorial election commission has a set of automation facilities of GAS “Vybory,” the data of the protocol shall be immediately entered in GAS “Vybory” which shall check this data for compliance with the control relationships. If any technical errors made in the course of the entry of the protocol data are discovered after the data was entered in GAS “Vybory,” the corrective data shall be entered in GAS “Vybory” only by a reasoned decision of the territorial election commission. If GAS “Vybory” is not used, compliance with the control relationships shall be verified by the member of the territorial election commission who checks correct preparation of the protocol.
(as amended by Federal Law No. 64-FZ of April 26, 2007)
4. If the protocol of vote returns of any precinct election commission does not meet the requirements of this Federal Law to such protocol, this precinct election commission shall be obliged to prepare a corrected (repeat) protocol in accordance with the requirements of Part 31, Article 79 of this Federal Law and the initially submitted protocol shall be kept by the territorial election commission.
5. If the protocol of vote returns of the precinct election commission meets the requirements of this Federal Law to such protocol, a voting member of the 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 the precinct election commission who handed in the protocol to a member of the territorial election commission shall put his signature in the enlarged form of the summary table of the territorial election commission under the data of the said protocol.
6. The election commissions of the subjects of the Russian Federation shall post the data of the protocols of vote returns of the precinct election commissions on the Internet as this data is entered in GAS “Vybory,” but not later than one day after voting day (for the protocols marked “Repeat” or "Vote Recount" - not later than one day after the day of the preparation of the protocol). This data shall be kept on the Internet for not less than one year after the day of the official publication of the results of the election of deputies of the State Duma.
7. Based on the vote returns, the territorial election commission shall deliver its decision on the vote returns in the form of a protocol of vote returns in which the following data shall be entered:
(1) the number of precinct election commissions in the given territory;
(2) the number of the protocols of vote returns, received from the precinct election commissions, on the basis of which the given protocol is prepared;
(3) the number of electoral precincts where the vote returns were annulled and the total number of voters entered in the voter lists for these electoral precincts as of the end of the voting time;
(4) the summary data for all lines of the protocol of vote returns of precinct election commissions established by Part 2, Article 78 of this Federal Law.
(as amended by Federal Law No. 107-FZ of July 12, 2006)
8. Before the protocol of vote returns is signed it shall be mandatory for the territorial election commission to hold a final meeting, at which it shall consider complaints (grievances) concerning violations of this Federal Law committed in the course of voting, vote counting and determination of vote returns, which were received by this commission. Then the territorial election commission shall sign the protocol of vote returns and issue certified copies of the protocol to persons mentioned in Part 5, Article 29 of this Federal Law. The protocol of vote returns of the territorial election commission shall be prepared in duplicate and shall be signed by all present voting members of the territorial election commission, with the indication of the date and time (hours and minutes) when the protocol was signed. Signing of the protocol in violation of these rules may constitute a ground for invalidation of this protocol. Any voting member of the territorial election commission who dissents from the whole protocol or any part thereof may append his dissenting opinion to the protocol and this fact shall be noted in the protocol.
9. The following documents shall be appended to each copy of the protocol of vote returns of the territorial election commission:
(1) the summary table of the territorial election commission, which includes the complete data of all protocols of vote returns received from precinct election commissions;
(2) the documents certifying the delivery of ballots by the territorial election commission to precinct election commissions and cancellation of unused ballots kept in the territorial election commission, with the indication of the quantity of such ballots;
(3) the documents certifying issuance of absentee certificates to voters by the territorial election commission, delivery of absentee certificates to precinct election commissions and cancellation of unused absentee certificates kept in the territorial election commission, with the indication of the quantity of such certificates.
10. The summary tables and the documents mentioned in Part 9 of this article shall be signed by the chairman (deputy chairman) and the secretary of the territorial election commission.
11. Appended to the first copy of the protocol of vote returns of the territorial election commission shall be the dissenting opinions of members of the territorial election commission; the complaints (grievances) concerning violations of this Federal Law committed in the course of voting, vote counting and determination of vote returns, which were received by the territorial election commission in the period from voting day to the date of the protocol of vote returns of the territorial election commission; the decisions taken by the territorial election commission on such complaints (grievances). Certified copies of the dissenting opinions, complaints (grievances) and decisions of the territorial election commission shall be appended to the second copy of the protocol.
12. After being signed by all present voting members of the territorial election commission, the first copy of the protocol of vote returns of the territorial election commission together with the appended documents and the protocols of precinct election commissions shall be immediately delivered to the election commission of the subject of the Russian Federation. The protocol of vote returns of a territorial election commission formed in accordance with Part 3, Article 20 of this Federal Law shall be delivered to the Central Election Commission of the Russian Federation. The protocol of the territorial election commission delivered to the higher-level election commission shall not be returned to the territorial election commission.
13. The second copy of the protocol of vote returns of the territorial election commission, the second copies of the summary table and the documents mentioned in Part 9 of this article shall be made available for examination to non-voting members of the territorial election commission and higher-level election commissions and other persons mentioned in Part 5, Article 29 of this Federal Law, and their certified copies shall be displayed to the general public at a place designated by the territorial election commission.
14. The second copy of the protocol of vote returns of the territorial election commission together with the second copies of the summary tables and the documents mentioned in Part 9 of this article, the lists of non-voting members of the territorial election commission, other persons mentioned in Part 5, Article 29 of this Federal Law, who were present at the determination of vote returns and preparation of the protocol, shall be kept by the secretary of the territorial election commission.
15. If, after the protocol of vote returns and/or the summary table of the territorial election commission were signed and their first copies were delivered to the higher-level election commission, the territorial election commission, which prepared the protocol and the summary table, or the higher-level election commission finds any inaccuracies in the course of their preliminary verification (including a slip of the pen, misprint, error in the summation of the data of protocols of precinct election commissions), the territorial election commission shall be obliged to 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 Part 2, Article 29 of this Federal Law the territorial election commission shall state that it will consider this matter at the meeting. It shall be mandatory for the territorial election commission to make its decision known to non-voting members of the commission and other persons mentioned in Part 5, Article 29 of this Federal Law who were present when the previously approved protocol of the territorial election commission was being prepared. In this case, the territorial election commission shall prepare a protocol of vote returns and/or summary table marked “Repeat.” This protocol and/or the summary table shall be forthwith delivered to the higher-level election commission. The protocol of vote returns and/or the summary table which were previously delivered by the territorial election commission to the higher-level election commission shall be appended to the repeat protocol and/or repeat summary table. The violation of this procedure for the preparation of a repeat protocol and/or repeat summary table shall constitute a ground for invalidation of the repeat protocol.
16. If any errors or inconsistencies are found in any protocol of vote returns received from precinct election commissions or should any doubts arise as to the correctness of such protocol, the territorial election commission may, in the course of the preliminary verification of the protocol and after its acceptance, 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. Such vote recount may be carried out before the territorial election commission determines the vote returns and prepares a protocol of vote returns.
17. A vote recount shall be carried out in the presence of a voting member (voting members) of the territorial election commission by the precinct election commission which prepared and approved the protocol being verified or by the territorial election commission which ordered a vote recount. The election commission which is to carry out a vote recount shall inform about the recount the members of the relevant precinct election commission, other persons mentioned in Part 5, Article 29 of this Federal Law, who may 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 such protocol made and certified by the election commission shall be issued to persons mentioned in Part 5, Article 29 of this Federal Law. If such protocol is prepared by a precinct election commission, it shall be immediately delivered to the territorial election commission. The protocol of vote returns of the precinct election commission previously delivered to the territorial election commission shall be appended to this protocol. The violation by the election commission which carried out a vote recount of this procedure for the preparation of a protocol of vote returns marked "Vote Recount" may constitute a ground for invalidation of this protocol.
Article 81. Determination of Vote Returns by the Election Commission of the Subject of the Russian Federation
1. After the preliminary verification of the first copies of the protocols of vote returns of territorial election commissions, the election commission of the subject of the Russian Federation shall, not later than the fifth day after voting day, determine the vote returns for the territory of the subject of the Russian Federation by summing up the data contained in these protocols. If there is at least one regional group of candidates corresponding to a part of the territory of the subject of the Russian Federation, the election commission of this subject of the Russian Federation shall determine vote returns for each part of the territory of the subject of the Russian Federation, determined in accordance with Parts 13 and 14 of this Federal Law, rather than for the whole territory of the subject of the Russian Federation. The data contained in the aforementioned protocols shall be summed up by the voting members of the election commission of the subject of the Russian Federation.
2. The protocols of territorial election commissions shall be accepted, the data of these protocol shall be summed up and the protocol of vote returns of the election commission of the subject of the Russian Federation (this commission’s protocols of vote returns for each part of the territory of the subject of the Russian Federation) shall be prepared in one room, so that all actions of members of the election commission of the subject of the Russian Federation when they accept the protocols of territorial election commissions, sum up the data of these protocols and prepare the protocol of vote returns of the election commission of the subject of the Russian Federation (this commission’s protocols of vote returns for each part of the territory of the subject of the Russian Federation) shall be within the field of vision of members of the election commission of the subject of the Russian Federation and other persons mentioned in Part 5, Article 29 of this Federal Law. In this room there shall be an enlarged form of the summary table of vote returns of the election commission of the subject of the Russian Federation (enlarged forms of the commission’s summary tables of vote returns for each part of the territory of the subject of the Russian Federation) where the data of the protocols of vote returns of territorial election commissions shall be entered and the time of the entry indicated immediately after the first copy of these protocols is delivered by the chairman, the secretary or some other voting member of the territorial election commission.
3. The chairman, the secretary or some other voting member of the territorial election commission shall hand in the first copy of the protocol of vote returns of the territorial election commission together with the appended documents to a voting member of the election commission of the subject of the Russian Federation, who shall check to see that the protocol is prepared correctly, that all required documents are appended to the protocol and that the control relationships are duly complied with.
4. If the protocol and/or the summary table of vote returns of any territorial election commission does not meet the requirements of this Federal Law to such protocol or summary table, this territorial election commission shall be obliged to prepare a corrected (repeat) protocol in accordance with the requirements of Part 15, Article 80 of this Federal Law, and the initially submitted protocol and/or summary table shall be kept by the election commission of the subject of the Russian Federation.
5. If the protocol and/or the summary table of vote returns of the territorial election commission meets the requirements of this Federal Law to such protocol and/or summary table, a voting member of the election commission of the subject of the Russian Federation shall enter the data of this protocol in the summary table of the election commission of the subject of the Russian Federation. The chairman, the secretary or some other voting member of the territorial election commission who handed in the protocol to a member of the election commission of the subject of the Russian Federation shall put his signature in the enlarged form of the summary table of the subject of the Russian Federation under the data of the said protocol.
6. Based on the protocols of vote returns of the territorial election commissions the election commissions of the subject of the Russian Federation shall deliver its decision on the vote returns in the form of a protocol of vote returns. If there is at least one regional group of candidates corresponding to a part of the territory of the subject of the Russian Federation, the election commission of this subject of the Russian Federation shall prepare protocols of vote returns for each part of the territory of the subject of the Russian Federation, determined in accordance with Parts 13 and 14 of this Federal Law, rather than one protocol of vote returns.
7. The protocol of vote returns of the election commission of the subject of the Russian Federation (the commission’s protocol of vote returns for a part of the territory of the subject of the Russian Federation) shall contain the following data:
(1) the number of territorial election commissions in the territory (part of the territory) of the subject of the Russian Federation;
(2) the number of the protocols of vote returns received from the territorial election commissions, on the basis of which the protocol of vote returns of the election commission of the subject of the Russian Federation (protocol of vote returns for a part of the territory of the subject of the Russian Federation) is prepared;
(3) the number of electoral precincts where the vote returns were annulled and the total number of voters entered in the voter lists for these electoral precincts as of the end of the voting time;
(4) the summary data for all lines of the protocol of vote returns of territorial election commissions;
8. Before the protocol of vote returns of the election commission of the subject of the Russian Federation (the commission’s protocol of vote returns for a part of the territory of the subject of the Russian Federation) is signed, it shall be mandatory for this election commission to hold a final meeting, at which it shall consider complaints (grievances) concerning violations of this Federal Law committed in the course of voting, vote counting and determination of vote returns, which were received by this commission. Then the election commission of the subject of the Russian Federation shall sign the protocol and issue certified copies of the protocol to persons mentioned in Part 5, Article 29 of this Federal Law. The protocol shall be prepared in duplicate and shall be signed by all present voting members of the election commission of the subject of the Russian Federation, with the indication of the date and time when the protocol was signed. Signing of the protocol in violation of these rules may constitute a ground for invalidation of this protocol. Any voting member of the election commission of the subject of the Russian Federation who dissents from the whole protocol or any part thereof may append his dissenting opinion to the protocol and this fact shall be noted in the protocol.
9. The following documents shall be appended to each copy of the protocol of vote returns of the election commission of the subject of the Russian Federation (the commission’s protocol of vote returns for a part of the territory of the subject of the Russian Federation):
(1) the summary table of vote returns of the election commission of the subject of the Russian Federation, which includes the complete data of all protocols of vote returns (for a part of the territory of the subject of the Russian Federation – the data of the relevant protocols) received from territorial election commissions;
(2) the documents certifying the delivery of ballots by the election commission of the subject of the Russian Federation to territorial election commissions (for a part of the territory of the subject of the Russian Federation – to the relevant territorial election commissions) with the indication of the quantity of such ballots;
(3) the documents certifying the delivery of absentee certificates to territorial election commissions (for a part of the territory of the subject of the Russian Federation – to the relevant territorial election commissions), with the indication of the quantity of such certificates.
10. The summary tables and appended documents mentioned in Part 9 of this article shall be signed by the chairman (deputy chairman) and the secretary of the election commission of the subject of the Russian Federation.
11. Appended to the first copy of the protocol of vote returns of the election commission of the subject of the Russian Federation (the commission’s protocol of vote returns for a part of the territory of the subject of the Russian Federation) shall be the dissenting opinions of members of the election commission of the subject of the Russian Federation; the complaints (grievances) (in the case of a protocol of vote returns for a part of the territory of the subject of the Russian Federation - the relevant complaints (grievances) or their certified copies) concerning violations of this Federal Law, which were received by this election commission in the period from voting day to the date of the protocol of vote returns of the election commission of the subject of the Russian Federation; the decisions taken by the election commission of the subject of the Russian Federation on such complaints (grievances). Certified copies of the dissenting opinions, complaints (grievances) and decisions of the election commission of the subject of the Russian Federation shall be appended to the second copy of the protocol.
12. After the protocol of vote returns of the election commission of the subject of the Russian Federation (the commission’s protocol of vote returns for a part of the territory of the subject of the Russian Federation) and the summary table are signed, the first copy of the protocol together with the appended documents shall be immediately delivered to the Central Election Commission of the Russian Federation and shall not be returned to the election commission of the subject of the Russian Federation.
13. The second copy of the protocol of vote returns of the election commission of the subject of the Russian Federation (the commission’s protocol of vote returns for a part of the territory of the subject of the Russian Federation), the second copies of the summary table and documents mentioned in Part 9 of this article shall be made available for examination to non-voting members of the election commission of the subject of the Russian Federation, members of the Central Election Commission of the Russian Federation, other persons mentioned in Part 5, Article 29 of this Federal Law, and their certified copies shall be displayed to the general public at a place designated by the election commission of the subject of the Russian Federation.
14. The second copy of the protocol of vote returns of the election commission of the subject of the Russian Federation (the commission’s protocol of vote returns for a part of the territory of the subject of the Russian Federation), the second copies of the summary table and documents mentioned in Part 9 of this article, the lists of non-voting members of the election commission, other persons mentioned in Part 5, Article 29 of this Federal Law, who were present at the determination of vote returns and preparation of the protocol, the protocols of territorial land precinct election commissions and other documents envisaged by this Federal Law shall be kept by the secretary of the election commission of the subject of the Russian Federation.
15. If, after the protocol of vote returns of the election commission of the subject of the Russian Federation (the commission’s protocol of vote returns for a part of the territory of the subject of the Russian Federation) and/or the summary table were signed and their first copies were delivered to the Central Election Commission of the Russian Federation, the election commission of the subject of the Russian Federation, which prepared the protocol and the summary table, or the Central Election Commission of the Russian Federation finds any inaccuracy in the course of their preliminary verification (including a slip of the pen, misprint, error in the summation of the data of protocols of territorial election commissions), the election commission of the subject of the Russian Federation shall be obliged to 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 Part 2, Article 29 of this Federal Law the election commission of the subject of the Russian Federation shall state that will consider this matter at the meeting. It shall be mandatory for the election commission of the subject of the Russian Federation to make its decision known to non-voting members of the commission, other persons mentioned in Part 5, Article 29 of this Federal Law who were present when the previously approved protocol of the election commission of the subject of the Russian Federation was being prepared. In this case, the election commission of the subject of the Russian Federation shall prepare a protocol of vote returns and/or summary table marked "Repeat." This protocol and/or the summary table shall be forthwith delivered to the Central Election Commission of the Russian Federation. The protocol of vote returns and/or the summary table which were previously delivered to the Central Election Commission of the Russian Federation shall be appended to the repeat protocol and/or repeat summary table. The violation of this procedure for the preparation of a repeat protocol and/or repeat summary table shall constitute a ground for invalidation of the repeat protocol.
16. If any errors or inconsistencies are found in any protocol of vote returns received from the lower-level election commissions or should any doubts arise as to the correctness of such protocol, the election commission of the subject of the Russian Federation may resolve that a vote recount be carried out in the relevant electoral precinct, relevant territory.. Such vote recount may be carried out before the election commission of the subject of the Russian Federation determines the vote returns and prepares a protocol of vote returns.
17. In the case referred to in Part 16 of this article, a vote recount shall be carried out in the presence of a voting member (voting members) of the election commission of the subject of the Russian Federation by the election commission which prepared and approved the protocol being verified or by the higher-level territorial election commission, the election commission of the subject of the Russian Federation. The election commission which is to carry out a vote recount shall inform about the recount the members of the relevant election commission, other persons mentioned in Part 5, Article 29 of this Federal Law, who may be present at a vote recount. Based on the vote recount the election commission which carried it out shall prepare a protocol of vote returns marked "Vote Recount." On the basis of this protocol changes shall be made in the protocol of vote returns of the higher-level election commission. The copies of such protocol made and certified by the election commission shall be issued to persons mentioned Part 5, Article 29 of this Federal Law. If such protocol is prepared by a lower-level election commission, it shall be immediately delivered to the election commission of the subject of the Russian Federation. The previously delivered protocol of vote returns of the precinct, territorial election commission shall be appended to the protocol prepared on the basis of the vote recount. The violation of this procedure for the preparation of a protocol of vote returns marked "Vote Recount" may constitute a ground for invalidation of this protocol.
Article 82. Establishment of the Results of the Election of Deputies of the State Duma
1. Based on the data contained in the first copies of the protocols of vote returns of the election commissions of the subjects of the Russian Federation and these commissions’ protocols of vote returns for parts of the territory of the subjects of the Russian Federation, protocols of vote returns of the territorial election commissions mentioned in Part 3, Article 20 of this Federal Law (if such territorial election commissions were not formed - based on the data of the protocols of vote returns of the election commissions formed in electoral precincts outside the territory of the Russian Federation, including the data transmitted over the technical communication channels from the said precinct election commissions) the Central Election Commission of the Russian Federation shall, after preliminary verification of the protocols, establish the results of the election of deputies of the State Duma by summing up the data contained in these protocols, not later than two weeks after voting day. The data contained in these protocols shall be summed up by the voting members of the Central Election Commission of the Russian Federation.
2. The Central Election Commission of the Russian Federation shall prepare a protocol of the results of the election of deputies of the State Duma in which the following g data shall be entered:
(1) the number of election commissions of the subjects of the Russian Federation;
(2) the number of territorial election commissions mentioned in Part 3, Article 20 of this Federal Law (if such territorial commissions were not formed – the number of precinct election commissions formed in electoral precincts outside the territory of the Russian Federation);
(3) the number of the protocols of vote returns of the election commissions of the subjects of the Russian Federation and these commissions’ protocols of vote returns for parts of the territory of the subjects of the Russian Federation on the basis of which this protocol was prepared;
(4) the number of protocols of vote returns of the territorial election commissions mentioned in Part 3, Article 20 of this Federal Law on the basis of which this protocol was prepared (if such territorial election commissions were not formed – the number of protocols of vote returns of precinct election commissions formed in electoral precincts outside the territory of the Russian Federation on the basis of which this protocol was prepared);
(5) the summary data for all lines of the protocols of vote returns of the election commissions of the subjects of the Russian Federation (these commissions’ protocols of vote returns for parts of the territory of the subjects of the Russian Federation), protocols of vote returns of the territorial election commissions mentioned in Part 3, Article 20 of this Federal Law (if such territorial election commissions were not formed – the protocols of vote returns of precinct election commissions formed in electoral precincts outside the territory of the Russian Federation);
(6) the share of the vote (in percent) received by each federal list of candidates;
(as amended by Federal Law No. 107-FZ of July 12, 2006)
(7) repealed by Federal Law No. 64-FZ of April 26, 2007;
(8) the names of the political parties, whose federal lists of candidates are included in the distribution of deputy seats, and the number of deputy seats due to each of these lists;
(9) the names of the regional groups of candidates of the federal lists of candidates included in the distribution of deputy seats and the number of deputy seats due to each of these regional groups;
(10) the surnames, first names and patronymics of the registered candidates elected to the State Duma from each federal list of candidates included in the distribution of deputy seats.
3. Based on the protocol of the results of the election of deputies of the State Duma the Central Election Commission of the Russian Federation shall take a decision on the results of the election of deputies of the State Duma.
4. The Central Election Commission of the Russian Federation shall declare the election of deputies of the State Duma not to have taken place:
(1) repealed by Federal Law No. 64-FZ of April 26, 2007;
(2) if none of the federal lists of candidates received 7 percent or more than 7 percent of the vote;
(3) if all federal lists of candidates together received 60 percent and less than 60 percent of the vote.
5. The Central Election Commission of the Russian Federation shall annul the results of the election of deputies of the State Duma:
(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 annulled in several electoral precincts whose voter lists together included not less than 25 percent of the total number of voters entered in the voter lists as of the end of voting;
(3) by a court decision.
6. The number of voters who took part in the voting (“the vote”) shall be determined from the number of standard ballots contained in the ballot boxes.
(as amended by Federal Law No. 64-FZ of April 26, 2007)
7. Federal lists of candidates shall be included in the distribution of deputy seats if each of them receives 7 percent and more than 7 percent of the total vote, provided that there are not less than two such federal lists of candidates and that these federal lists of candidates together receive more than 60 percent of the total vote. In this case the other federal lists of candidates shall not be included in the distribution of deputy seats.
8. If the combined vote received by the federal lists of candidates, each of which received 7 percent and more than 7 percent of the total vote, is 60 percent and less than 60 percent of the total vote, these lists shall be included in the distribution of deputy seats along with federal lists of candidates which received less than 7 percent of the vote, such federal lists of candidates being included in the distribution of deputy seats in a descending order of the vote, received by them until the combined vote of the federal lists of candidates included in the distribution of deputy seats exceeds 60 percent of the total vote.
9. If one federal list of candidates received more than 60 percent of the total vote and the other federal lists of candidates received less than 7 percent of the total vote, this federal list of candidates shall be included in the distribution of deputy seats along with a federal list of candidates which received the largest vote among the federal lists of candidates which received less than 7 percent of the total vote.
10. The federal lists of candidates included in the distribution of deputy seats shall receive these seats in accordance with the methodology of distribution of deputy seats set forth in Article 83 of this Federal Law.
11. The deputy seats received by the federal list of candidates shall be first awarded to the registered candidates in the all-federal part of the federal list of candidates. The remaining deputy seats shall be awarded to registered candidates included in the regional groups of candidates in accordance with the methodology of the distribution of deputy seats set forth in Article 83 of this Federal Law.
12. Deputy seats shall be distributed between registered candidates in the sequence in which the candidates are placed in the federal list of candidates. This sequence is established when the federal list of candidates is registered by the Central Election Commission of the Russian Federation and is regarded (within the all-federal part of the federal list of candidates and within each regional group of candidates) as the sequence in which deputy seats are to be awarded.
13. Repealed by Federal Law No. 64-FZ of April 26, 2007.
14. The protocol of the results of the election of deputies of the State Duma prepared by the Central Election Commission of the Russian Federation shall be signed by all present voting members of the Central Election Commission of the Russian Federation. Appended to the protocol shall be the summary table containing the complete data of all received protocols of vote returns of the election commissions of the subjects of the Russian Federation and these commissions’ protocols of vote returns for parts of the territory of the subjects of the Russian Federation and the protocols of vote returns of the territorial commissions mentioned in Part 3, Article 20 of this Federal Law (if such territorial commissions were not formed – protocols of vote returns of precinct election commissions formed in electoral precincts outside the territory of the Russian Federation).
15. Any voting member of the Central Election Commission of the Russian Federation, who dissents from the whole protocol of the results of the election of deputies of the State Duma prepared by the Central Election Commission of the Russian Federation or from a part thereof, may append his dissenting opinion to the protocol and this fact shall be noted in the protocol. Also appended to the protocol shall be complaints (grievances) concerning violations of this Federal Law, which were received by the Central Election Commission of the Russian Federation in the period from voting day to the date of its protocol of the results of the election of deputies of the State Duma, and the decisions taken by the Central Election Commission of the Russian Federation on such complaints (grievances).
16. Certified copies of the protocol of the results of the election of deputies of the State Duma and of the summary table prepared by the Central Election Commission of the Russian Federation shall be issued to all members of the Central Election Commission of the Russian Federation, persons mentioned in Part 1, Article 29 of this Federal Law, who were present when the results of the election of deputies of the State Duma were being established, and to the members of the press.
17. If, after signing its protocol of the results of the election of deputies of the State Duma and/or its summary table, 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-level election commissions), the Central Election Commission of the Russian Federation shall be obliged to 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 Part 2, Article 29 of this Federal Law the Central Election Commission of the Russian Federation shall state that it will consider this matter at the meeting. It shall be mandatory for the Central Election Commission of the Russian Federation to make its decision known to its non-voting members, other persons mentioned in Part 5, Article 29 of this Federal Law, who were present when the previously approved protocol of the results of the election of deputies of the State Duma was being prepared by the Central Election Commission of the Russian Federation.
18. If any errors, inconsistencies are discovered in the protocols of vote returns received from the lower-level election commissions and should any doubts arise as to the correctness of these protocols, the Central Election Commission of the Russian Federation may resolve that a vote recount be carried in the relevant electoral precinct, relevant territory, relevant subject of the Russian Federation. Such vote recount shall be carried out not later than one day before the expiry of the period prescribed by this Federal Law for the establishment of the results of the election of deputies of the State Duma.
19. In the case referred to in Part 18 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 being verified or by the election commission of the next higher level 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 relevant election commission, other persons mentioned in Part 5, Article 29 of this Federal Law, who may be present at the vote recount. On the basis of the vote recount the election commission which carried it out shall prepare a protocol of vote returns marked "Vote Recount." On the basis of this protocol changes shall be made in the protocols of vote returns of all higher-level election commissions. The previously delivered protocol of vote returns shall be appended to the protocol prepared on the basis of the vote recount. The violation of this procedure for the preparation of a protocol of vote returns marked "Vote Recount" may constitute a ground for invalidation of this protocol.
Article 83. 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 for the federal lists of candidates, included in the distribution of deputy seats, in accordance with the rules set forth in Parts 7 - 9, Article 82 of this Federal Law. This sum total of votes shall be divided by 450 - 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 deputy seats between the federal lists of candidates.
2. 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 calculated in accordance with Part 1 of this article. The whole 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 deputy seats.
3. If any deputy seats remain undistributed after the primary distribution of deputy seats carried out in accordance with Part 2 of this article, secondary distribution of deputy 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 Part 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 distribution of deputy seats carried out in accordance with Part 3 of this article, deputy seats shall be distributed inside each federal list of candidates between regional groups of candidates and the all-federal part of the federal list (if any). First, deputy seats shall be awarded to registered candidates included in the all-federal part of the federal list of candidates, in the sequence of their placement on this list.
5. If, after deputy seats were awarded to registered candidates included in the all-federal part of the federal list of candidates, there remain deputy seats due to the given federal list of candidates, such deputy 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 subjects of the Russian Federation (groups of subjects of the Russian Federation, parts of the territory of the subjects of the Russian Federation) to which the regional groups of candidates of the federal list of candidates correspond plus the number of votes cast by voters residing outside the territory of the Russian Federation – if the political party takes a decision mentioned in Part 9.1, Article 36 of this Federal Law (hereafter “votes cast for regional groups of candidates”) shall be divided by the number of deputy seats which remain undistributed inside the federal list of candidates. The result of the division is the second electoral quotient of the given federal list of candidates. The number of votes cast for each regional group of candidates shall be divided by the second electoral quotient. In this case, if the political party takes a decision mentioned in Part 9.1, Article 36 of this Federal Law, the votes cast by voters residing outside the territory of the Russian Federation shall be deemed cast for the relevant regional group of candidates. The whole part of the number obtained as a result of such division represents the number of deputy seats to be received by the relevant regional group of candidates. If, after performance of the aforementioned actions, there remain undistributed deputy seats due to the given 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 of the number of votes cast for each regional group of candidates by the second electoral quotient of the given federal list of candidates, 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 polled a larger number of votes.
(as amended by Federal Law No. 188-FZ of July 21, 2007)
6. 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 remain undistributed shall be additionally distributed between the regional groups of the same federal list of candidates in which there are registered candidates who did not receive deputy seats. If, when such additional distribution of deputy seats is to be carried out, there are regional groups of candidates which did not receive deputy seats in the course of their distribution performed in accordance with Part 5 of this article and if among such regional groups of candidates there are groups which include registered candidates who did not receive deputy seats, deputy seats shall be given to such regional groups of candidates one deputy seat to each such group, in the same sequence (in accordance with the value of the frictional parts) as was determined on the basis of the initially calculated second electoral quotient. If, in the course of the additional distribution, there remain no regional groups of candidates which received no deputy seats in the course of their distribution in accordance with the values of the fractional parts but some deputy seats still remain undistributed, these deputy seats shall be awarded to the regional groups of candidates with the smallest coefficient of additional distribution to be calculated for each regional group of candidates with registered candidate who did not receive deputy seats, one deputy seat to each of such groups. The aforementioned coefficient shall be calculated by dividing the number of deputy seats received by the regional group of candidates by the number of votes which it received. In case the said coefficients are equal, deputy seats shall be awarded 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 which 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 of deputy seats shall be also carried out in other cases provided by this Federal Law.
7. If, after the distribution of deputy seats between the federal lists carried out in accordance with Parts 1 - 3 of this article, one or several deputy seats have to be additionally distributed between all or some of the federal lists of candidates, such distribution shall be carried out as follows. First, deputy seats shall be given to the federal lists of candidates which received no deputy seats when they were distributed in accordance with the value of the fractional parts as provided by Part 3 of this article. Then deputy seats shall be awarded 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 received by the federal list of candidates by the number of votes received by this list. Deputy seats shall be awarded to the federal lists of candidates with the smallest value of this coefficient, one to each such list. In the event that the values of this coefficient are equal, the deputy seat shall be awarded to the federal list of candidates which received the larger number of votes. If after such distribution the number of deputy seats available for additional distribution is found to be larger than the number of the federal lists of candidates which may receive them, additional distribution shall be repeated as many times as necessary, with the said coefficient to be calculated anew each time. The deputy seats received by a federal list of candidates shall be given to registered candidates included the all-federal part of the federal list of candidates who did not receive deputy seats or, 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 Part 6 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.
8. If, after the initial distribution of deputy seats inside a federal list of candidates, a deputy seat became vacant, this deputy seat shall be given to a registered candidate from the same federal list of candidates. The deputy seat shall be given to the first registered candidate in the sequence of registered candidates who did not receive deputy seats and who are included in the same regional group of candidates (in the all-federal part of the federal list of candidates) as the registered candidate whose deputy seat became vacant. If there are no registered candidates in the given regional group of candidates (in the all-federal part of the federal list of candidates) who did not receive deputy seats, the vacant deputy 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 Part 6 of this article.
9. 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, save as otherwise provided by Part 10 of this article.
10. If, as a result of the implementation of the provisions of Part 9 of this article, the composition of the State Duma becomes such that it is not legally competent to exercise its powers, the undistributed deputy seats shall be awarded to the federal lists of candidates, which were not included in the distribution of deputy seats in accordance with the requirements of Parts 7 - 9, Article 82 of this Federal Law and which received the number of votes exceeding the first electoral quotient. In this case, each of such federal lists of candidates may receive a number of deputy seats which does not exceed the number which it might have received if it had been included in the distribution of deputy seats together with the federal lists of candidates mentioned in Parts 7 - 9, Article 82 of this Federal Law. Such deputy seats shall be distributed between the federal lists of candidates, which were not included in the distribution of deputy seats in accordance with the requirements of Parts 7 – 9, Article 82 of this Federal Law and which received the number of votes exceeding the first electoral quotient, in proportion to the number of votes received by them, in accordance with the methodology of distribution of deputy seats set forth in this article.
Article 84. Repeat Election of Deputies of the State Duma
If the election of deputies of the State Duma was declared not to have taken place or invalid on the grounds set forth in Article 82 of this Federal Law, the Central Election Commission of the Russian Federation shall announce repeat elections in accordance with the procedure established by this Federal Law. The repeat elections shall be held not later than four months after day on which the elections were declared not to have taken place or invalid. In the event of repeat elections 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 repeat elections shall be published in the mass media not later than three days after the 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 21 of this Federal Law.
Article 85. Registration of Deputies of the State Duma
1. After signing the protocol of the results of the election of deputies of the State Duma the Central Election Commission of the Russian Federation shall forthwith serve notice to this effect on the registered candidates elected to the State Duma. The registered candidate elected to the State Duma shall, within five days of receipt of the notice, present to the Central Election Commission of the Russian Federation 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 of receipt of the notice, he submitted an application asking to be relieved from such duties.
2. If the registered candidate elected to the State Duma fails to comply with the requirements of Part 1 of this article, his deputy seat shall be deemed vacant and the Central Election Commission of the Russian Federation shall transfer it to another registered candidate from the same federal list of candidates in accordance with the procedure set forth in Part 8, Article 83 of this Federal Law. Such deputy seat shall not be transferred to a registered candidate elected to the State Duma who also failed the meet the requirements set forth in Part 1 of this article or refused to accept a deputy seat in accordance with Part 2.1 of this article, if his deputy seat is vacant.
(Part 2 as amended by Federal Law No. 64-FZ of April 26, 2007)
2.1. Within five days of receipt of the notice mentioned in Part 1 of this article, the registered candidate elected to the State Duma may refuse to accept a deputy seat by submitting an appropriate written application to the Central Election Commission of the Russian Federation. In this case, his deputy seat shall be deemed vacant and the Central Election Commission of the Russian Federation shall transfer it to another registered candidate from the same federal list of candidates in accordance with the procedure set forth in Part 8, Article 83 of this Federal Law. Such deputy seat shall not be transferred to a registered candidate elected to the state Duma, who failed to meet the requirements set froth in Part 1 of this article or who also refused to accept a deputy seat in accordance with this part, if his deputy seat is vacant.
(Part 2.1 was introduced by Federal Law No. 64-FZ of April 26, 2007)
2.2. Submission by a registered candidate elected to the State Duma of an application mentioned in Part 2.1 of this article shall not entail exclusion of such registered candidate from the federal list of candidates included in the distribution of deputy seats.
(Part 2.2 was introduced by Federal Law No. 64-FZ of April 26, 2007)
3. After the official publication of the results of the election of deputies of the State Duma and after the registered candidate has complied with the requirement set forth in Part 1 of this article, the Central Election Commission of the Russian Federation shall register such deputy and shall issue him with a certificate of election to the State Duma.
Article 86. Publication of Vote Returns and Results of the Election of Deputies of the State Duma
1. The vote returns for each electoral precinct, each territory, each subject of the Russian Federation within the scope of the data contained in the protocols of vote returns of the 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 political parties, observers, foreign (international) observers, members of the press upon their request, immediately after the protocols of vote returns, results of the election of deputies of the State Duma were signed by the members of the election commission from which this data was requested. This data shall be provided by the relevant election commission.
2. The Central Election Commission of the Russian Federation shall present preliminary information about the results of the election of deputies of the State Duma to the mass media as such information becomes available to the Central Election Commission of the Russian Federation.
3. The election commission of the subject of the Russian Federation shall, not later than two weeks after voting day, officially publish in the regional state print media the data contained in the protocols of vote returns of all territorial election commissions and in the corresponding summary tables. If a vote recount was carried out in some electoral precincts, some territories and the results of this recount are received by the election commission of the subject of the Russian Federation after this deadline, then the election commission of the subject of the Russian Federation shall officially publish the corrected data within one week after this data is accepted on the basis of the relevant decision. The election commission of the subject of the Russian Federation may publish the summary tables of territorial election commissions in one of or several municipal print media outlets or by putting out a special booklet which shall be circulated to the state and municipal public libraries located on the territory of the subject of the Russian Federation, to mass media organizations, regional branches of political parties registered on the territory of the subject of the Russian Federation.
4. The results of the election of deputies of the State Duma as well as the information about the vote received by each registered federal list of candidates shall be officially published by the Central Election Commission of the Russian Federation within three weeks of voting day. Within the same period, the Central Election Commission of the Russian Federation shall officially publish in its organ the complete data contained in the protocols of vote returns of all election commissions of the subjects of the Russian Federation.
5. Within two months of voting day, the Central Election Commission of the Russian Federation shall publish in its official organ the complete data of the protocols of vote returns of all election commissions, with the exception of precinct election commissions, the protocols of the results of the election of deputies of the State Duma, the biographical data and other information about all elected deputies of the State Duma within the scope to be established by the Central Election Commission of the Russian Federation. Within seven days of such publication the Central Election Commission of the Russian Federation shall post this information on the Internet where it will be kept for at least one year from the day of the official publication of the results of the election of deputies of the State Duma.
Article 87. Use of GAS “Vybory”
1. Only GAS “Vybory” shall be used in the preparation and conduct of the election of deputies of the State Duma, including registration of voters, preparation of voter lists, determination of vote returns and establishment of election results, for quick receipt, transmission and processing of the information.
2. If appropriate equipment is available, immediately after the protocol of vote returns is signed the data of the protocol shall be transmitted in a machine readable form to the higher-level election commission over the telecommunications channels of GAS “Vybory,” subject to the mandatory rule that the first copy of the protocol of vote returns shall be subsequently submitted to the higher-level election commission.
3. The election commission shall form a supervisory group consisting of voting and non-voting members of the commission to supervise the use of GAS “Vybory” or its separate technical facilities. The powers of this group are established by the Federal Law “On the State Automatic System of the Russian Federation ‘Vybory’.”
4. All members of the election commission, observers shall have the right to examine any information entered into and received from GAS “Vybory” in connection with the determination of vote returns and establishment of the results of the election of deputies of the State Duma.
5. From the beginning of voting and up to the time when the election commission signs the protocol of vote returns GAS “Vybory” with its telecommunications channels over which the data is transmitted from lower-level election commissions to higher-level 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 of higher-level election commissions to the information centers of lower-level election commissions shall be prohibited, except for the signals acknowledging receipt of the information.
6. The information about the progress of voting and vote returns received by means of GAS “Vybory” shall be preliminary information which has no legal significance, save the cases where use is made of technical facilities for vote counting and/or e-voting complexes in accordance with 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."
7. The computer printout of the protocol of vote returns of a precinct election commission which has been transmitted directly to the higher-level election commission and entered in GAS “Vybory” shall be appended to the second copy of this protocol of vote returns of the precinct election commission. The authenticity of the data contained in the computer printout shall be certified by the signatures of the person responsible for the entry of this data.
8. The information about the voter turnout, preliminary and final vote returns entered into GAS “Vybory” shall be readily accessible (in the "read only" mode) to the users of the Internet in accordance with the procedure to be established by the Central Election Commission of the Russian Federation.
9. When GAS “Vybory” is used in accordance with this Federal Law, the information about the political parties which nominated federal lists of candidates, about the progress of voting and preliminary vote returns may be made known to voters over the public telecommunications networks in accordance with the procedure established by the Central Election Commission of the Russian Federation.
(Part 9 was introduced by Federal Law No. 64-FZ of April 26, 2007)
Article 88. Safekeeping of Electoral Documentation
1. Documents of the precinct election commissions (including ballots) shall be kept in guarded rooms and shall be transferred to the higher-level election commissions within the period established by this Federal Law.
2. Documents of the Central Election Commission of the Russian Federation, election commissions of the subjects of the Russian Federation, territorial election commissions together with the documents transferred to them for safekeeping by precinct election commissions shall be held in safekeeping for the periods established by Russian Federation laws.
3. The safekeeping period for ballots, absentee certificates, voter lists and signature sheets shall be not less than one year from the day of the official publication of the results of the election of deputies of the State Duma.
4. The first copies of the protocols of vote returns, protocols of the results of the election of deputies of the State Duma, summary tables of the election commissions, the reports of the election commissions on the receipt and expenditure of federal budget funds allocated for the preparation and conduct of the elections, the final financial reports of the political parties which registered federal lists of candidates, their regional branches shall be held in safekeeping not less than five years from the day of the official publication of the results of the election of deputies of the State Duma.
5. If a complaint (grievance) concerning the decision of an election commission on vote returns, results of the election of deputies of the State Duma is pending at court or if a criminal case was initiated in connection with the violation of the electoral rights of citizens of the Russian Federation, the safekeeping periods of the relevant electoral documents shall be extended for as long as necessary until the court decision becomes legally effective or the case is dismissed in accordance with the law.
6. Until the documents connected with the preparation and conduct of the election of deputies of the State Duma are transferred to the higher-level election commission or to the archives or until these documents are disposed of upon the expiry of the their safekeeping periods, the responsibility for their preservation shall be borne by the chairman (deputy chairman) and the secretary of the relevant election commission. |