Federal Law No175-fz of December 20, 2002 «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation»

Federal Law No175-fz of December 20, 2002 «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation»

Название Federal Law No175-fz of December 20, 2002 «On the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation»
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Article 31. Openness in the Activity of Election Commissions

1. Members of the higher election commissions, a candidate registered by the given or any higher election commission or his agent or authorized representative for financial matters, the authorized representative or agent of a political party, an electoral bloc which have registered a federal list of candidates or any candidate on the said list may attend all meetings of any election commission and be present when a relevant precinct, territorial election commission is working with voters lists, ballots, absentee certificates, protocols of vote returns. The aforementioned persons shall not need any additional permission to attend the meetings and be present when the election commission is working with the said electoral documents. Election commissions shall provide free access for the aforementioned persons to their meetings and to premises where the commission is counting votes and working with the said electoral documents. Members of the press may also be present at all meetings of election commissions, when they are working with the said electoral documents and counting votes.

2. The election commission shall inform the election commission of the next higher level, each candidate registered in the given single-seat electoral district or his agent or authorized representative for financial matters, the agent or authorized representative of each political party, each electoral bloc which have registered federal lists of candidates about the time when the commission is to hold its meetings or work with the electoral documents listed in Clause 1 of this article.

3. Representatives of the parties concerned may be present at the meetings of election commissions when the commission considers complaints (applications) and may give explanations and submit evidence on the substance of the matter being considered.

4. Election commissions shall inform voters about the results of the registration of candidates, lists of candidates; about biographical and other data of registered candidates which was received by the election commission in accordance with this Federal Law; about vote returns for each registered candidate, federal list of candidates.

5. On voting day and on the days of early voting, from the time a precinct election commission begins its work and until it is notified by the higher election commission about acceptance of the protocols of vote returns and also when votes are recounted, the persons indicated in Clause 1 of this article as well as observers, including foreign (international) observers, may be present at polling stations.

6. Observers, members of the press, foreign (international) observers may be present in other election commissions when these commissions are determining the vote returns, election results, working on the protocols of vote returns, election results and when votes are being recounted.

7. All members of an election commission, the persons indicated in Clause 1 of this article, observers shall be given access to the premises of a precinct election commission of any electoral precinct formed on the territory of a military unit, in a closed administrative-territorial unit, at a hospital, sanatorium, holiday hotel, places where suspects and defendants are held in custody or in other places of a temporary stay as well as to the polling station of the given electoral precinct. .

8. Observers may be appointed by each candidate registered in the given single-seat electoral district, each political party and each electoral bloc which have registered a federal list of candidates, each all-Russia public association registered in accordance with the federal law. Officials holding elective offices, persons directly subordinated to them, judges, prosecutors may not be appointed observers.

9. The powers of an observer shall be certified by written credentials issued by a candidate registered in a single-seat electoral district or his agent, by a political party, an electoral bloc or some other public association represented by the observer. The credentials must indicate the surname, first name and patronymic of the observer; address of his place of residence; number of the electoral precinct; name of the election commission (district, territorial, precinct election commission) to which the observer is sent. Provision of any additional information about the observer shall not be required. and the credentials need not be certified by a seal if the observer is appointed by a candidate or his agent. These credentials shall be valid if produced together with a document certifying the identity of the observer. No advance notification about sending of an observer shall be required.

10. The written credentials indicated in Clause 9 of this article may be presented to a precinct election commission in the period indicated in Clause 5 of this article and to a territorial commission or other election commissions — during early voting or in the period from the commencement of voting at polling stations to completion of the work on the protocol of vote returns for the given territory.

11. Two and more representatives of one registered candidate, one political party, one public association shall not simultaneously act as observers on the premises of an election commission or at the polling station. No restrictions other than those imposed by this Federal Law shall be established on the presence of observers on the premises of an election commission or at the polling station; on monitoring of voting and vote counting, preparation of the protocols of vote returns; on the issuance of copies of the protocols of vote returns.

12. The observer may:

(1) inspect voters lists;

(2) be present at the polling station of the given electoral precinct at any time during the period indicated in Clause 5 of this article;

(3) watch ballots being issued to voters;

(4) be present when voters vote outside the polling station;

(5) watch the number of voters on the voters lists, number of ballots issued to voters, number of canceled ballots being counted; watch votes being counted at the polling station from a distance and in the conditions which allow the observer to see the marks made on the ballots by voters; inspect any marked and unmarked ballot when votes are being counted; watch the election commission preparing the protocol of vote returns and other documents during the period indicated in Clause 5 of this article;

(6) make proposals and remarks concerning the organization of voting to the chairman of a precinct election commission or, in his absence, to a person acting for him/her;

(7) inspect the protocols of vote returns, election results of the election commission to which the observer has been sent and of the lower election commissions and the documents attached to these protocols; receive from the election commission certified copies of the said protocols, of the documents attached thereto and of other documents received or prepared by the election commission in the period indicated in Clause 5 of this article, including a copy of the list of persons present at the voting, or make copies of the said documents by himself and have these copies certified by the election commission.

(8) appeal decisions and actions (omissions) of a precinct election commission, other election commissions in the election commission of the next higher level or a court;

(9) be present when votes are being recounted by the election commission.

13. The observers shall not:

(1) issue ballots to voters;

(2) sign for a voter for receipt of ballots even when asked to do so by the voter;

(3) mark ballots for a voter even when asked to do so by the voter;

(4) do anything that may violate the secrecy of voting;

(5) directly participate in the counting of ballots together with the voting members of the election commission;

(6) do anything that may interfere with the work of the election commission;

(7) conduct election campaigning among voters;

(8) participate in the adoption of decisions by the election commission.

14. Members of the press shall be entitled to examine the decisions and the protocols of vote returns and election results of all election commissions, make or receive from the election commission copies of the said decisions and protocols and of documents attached thereto. At the request of members of the press the election commission shall certify a copy of its decision, copies of its protocols of vote returns, election results.

15. Copies of the protocols and of other documents of election commissions shall be certified by the chairman, or the deputy chairman, or the secretary of the election commission. The aforementioned persons shall write «This is a true copy» on the copy being certified, sign the copy, write their surname and initials, indicate the date and time of certification and affix the seal of the given election commission.

16. Non-voting members of election commissions, observers, members of the press present at the voting and at vote counting in precinct election commissions may wear ID cards free from any election propaganda, which show their status and full name, the full name of the registered candidate or the name of the political party, electoral bloc that nominated the non-voting member of the election commission, the full name of the registered candidate, the name of the political party, electoral bloc, public association that have sent the observer to the election commission and, in the case of members of the press, the name of the organization which they represent.

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