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 46. Verification by Election Commissions of the Authenticity of the Data Contained in Signature Sheets and Information Submitted by Candidates, Political Parties, Electoral Blocs

1. The Central Election Commission of the Russian Federation shall check compliance with the procedure for the nomination of a federal list of candidates established by this Federal Law on the part of each political party, electoral bloc which submitted the documents required under this Federal Law. If a political party, an electoral bloc submitted signature sheets with voter signatures collected in support of the nomination of a federal list of candidates, the Central Election Commission of the Russian Federation shall check compliance with the rules for signature collection and execution of signature sheets and shall verify the authenticity of the data contained in these signature sheets. The Central Election Commission of the Russian Federation may verify authenticity of the biographic data and other information submitted by a candidate, political party, electoral bloc in accordance with this Federal Law.

2. District election commissions shall check to see that candidates were nominated in compliance with the requirements of this Federal Law. If a candidate, political party, electoral bloc submitted signature sheets with voter signatures collected in support of the nomination of a candidate, the district election commission shall check compliance with the rules for signature collection and execution of signature sheets and shall verify authenticity of the voter data and voter signatures contained in these signature sheets. A district election commission may verify authenticity of the biographic data and other information submitted by a candidate, political party, electoral bloc in accordance with this Federal Law.

3. An election commission shall make an application to competent bodies to verify authenticity of the data and information submitted in accordance with this Federal Law, and these bodies shall inform the election commission about the results of the verification within ten days or, ten days or less before voting day, within the time established by the election commission.

4. An election commission may, by its decision, form working groups from members of the election commission, members of its staff, invited specialists to check compliance with the rules for signature collection and execution of signature sheets and verify authenticity of the voter data and voter signatures contained in these signature sheets. Such verification may be carried out with the involvement of members of the lower election commissions, experts from internal-affairs bodies of the Russian Federation, juridical bodies of the Russian Federation, military commissariats as well as specialized institutions and organizations in charge of the registration of the population in the Russian Federation. On the basis of their conclusions the data in signature sheets may be pronounced unauthentic. In order to verify authenticity of the information contained in signature sheets election commissions may use the State System for Registration of Voters, Referendum Participants.

5. Verification shall cover not less than 20 percent of the number of voter signatures in support of the nomination of each candidate, federal list of candidates, required for registration, and the corresponding data of the voters who put these signatures. An equal number of signatures collected in support of the nomination of each candidate, federal list of candidates shall be sampled for initial verification. If the number of signatures required for registration does not exceed one thousand, all signatures shall be verified. Signature sheets to be subjected to selective verification shall be chosen by random sampling (by lot). The random sampling procedure shall be determined by a relevant election commission. In a district election commission lot-drawing and verification of signature sheets may be witnessed by candidates nominated in the given electoral district or by their agents, authorized representatives of the political parties, electoral blocs which nominated candidates in the single-seat electoral district, in the Central Election Commission of the Russian Federation by the authorized representatives of the political parties, electoral blocs which nominated federal lists of candidates. The time appointed for lot-drawing and verification of signature sheets shall be made known the candidate, the authorized representative of the political party, electoral bloc which nominated a federal list of candidates, who have submitted the number of signatures required for the registration of the candidate, federal list of candidates. The election commission shall not refuse to allow other persons sent by the candidate, political party, electoral bloc to be present at verification. The verification shall cover all signatures on the signature sheets sampled for verification.

6. On the basis of verification of the data contained in signature sheets a voter signature may be pronounced authentic, unauthentic or invalid.

7. Voter signatures and the corresponding voter data contained in signature sheets but deleted (stricken out) by the persons who certify signature sheets before the signature sheets were submitted to the election commission shall not be verified or counted, if these persons have made a special note to confirm the deletion in the signature sheet or signature collection protocol before submission of the signature sheets to the election commission.

8. If verification of signature sheets reveals several signatures put by one person in support of the nomination of the same candidate, federal list of candidates, only one signature shall be deemed authentic and the rest shall be pronounced invalid.

9. Signatures shall be deemed unauthentic if put by one person on behalf of different persons or on behalf of some other person. Such signatures shall be pronounced unauthentic on the basis of a written conclusion of an expert, involved in the verification of the authenticity of signatures in accordance with Clause 4 of this article.

10. The following signatures shall be deemed invalid:

(1) signatures of persons who are not entitled to an active electoral right in the given single-seat electoral district, Russian Federation subject;

(2) signatures of voters who indicated wrong data in the signature sheet. In this case, the signature shall be pronounced invalid on the basis of the official information supplied by an internal affairs body of the Russian Federation or a conclusion made by an expert involved in the verification of the authenticity of signatures in accordance with Clause 4 of this article;

(3) voter signatures put without indication of some of the data required under this Federal Law or without indication of the date when the voter put his signature with his own hand;

(4) voter signatures accompanied by voter data which is not written by hand or written with a pencil;

(5) voter signatures with a corrected date indicating when they were put on the signature sheet if the corrections have not been specially endorsed by the voters or persons certifying the signature sheets and voter signature and dates that were not put by the voter with his own hand;

(6) voter signatures with corrected data of the voters who put these signatures if the corrections have not been specially endorsed by the voter or the persons certifying the signature sheets;

(7) all signatures on the signature sheet if the signature sheet has not been certified by an autograph signature of the signature collector and/or of the authorized representative of a political party, an electoral bloc, and/or of the candidate, or if this signature is unauthentic, or if the data of the signature collector or the date when the signature sheet was signed by the signature collector, authorized representative of a political party, an electoral bloc, a candidate have been corrected and the corrections have not been specially endorsed by the signature collector, authorized representative of a political party, an electoral bloc, a candidate, respectively;

(8) voter signatures put on the signature sheet before the day following the day when the district election commission, election commission of a Russian Federation subject were notified about the nomination of the candidate or before the day following the day when a copy of the federal list of candidates was certified by the Central Election Commission of the Russian Federation.

(9) signatures collected with the participation of bodies of state power, bodies of local self-government, governing bodies of organizations of all forms of ownership, institutions, voting members of election commissions or with coercion applied to voters during signature collection, or with remuneration of voters for putting their signatures, or at work places or when and where wages, pensions, allowances, stipends, other social benefits are paid;

(10) voter signatures, if voter data has been written on the signature sheet not by the voters who put their signatures and not by the signature collector — on the basis of a written conclusion of an expert involved in the verification of signatures in accordance with Clause 4 of this article;

(11) all signatures on a signature sheet made with the violation of the requirements set forth in Annexes 1, 2 and 3 to this Federal Law.

11. If a filled-out line (lines) is (are) discovered on the signature sheet, which does (do) not meet the requirements of this Federal Law, only the signature in the given line (given lines) shall be disregarded, save as otherwise provided by Sub-clauses 7 and 11, Clause 10 of this article.

12. Corrections and blots specially endorsed on the signature sheet shall not be used as a reason for invalidating a signature unless it has been pronounced unauthentic or invalid in accordance with Clauses 8 to 10 of this article. Neither shall a voter signature be invalidated because of abbreviations contained in the voter data if these abbreviations do not prevent unambiguous interpretation of this data.

13. The authenticity of a voter signature shall not be established by polling.

14. If the number of signatures found to be unauthentic and invalid in the course of selective verification equals or exceeds 25 percent of the number of signatures sampled for verification, an additional 15 per cent of the number of voter signatures required for registration shall be subjected to verification in the procedure set forth in this article.

15. If the total number of unauthentic and invalid signatures discovered in the course of selective verification equals or exceeds 25 percent of the total number of signatures subject to verification under Clauses 5 and 14 of this article, further verification of the signature sheets shall be discontinued and the candidate, federal list of candidates shall not be registered.

16. Neither shall a candidate, federal list of candidates be registered if the number of submitted voter signatures minus the number of signatures found unauthentic and invalid is insufficient for registration.

17. After the end of verification of signature sheets a final protocol of verification results shall be prepared for each candidate, federal list of candidates. This protocol shall be signed by the head of the working group — a voting member of the given election commission and shall be submitted to the election commission for adoption of a relevant decision. The protocol must indicate the number of stated, submitted and verified signatures, the number of signatures pronounced unauthentic or invalid and the reasons why they have been pronounced unauthentic or invalid. The protocol shall be appended to the decision of the election commission. No changes shall be made in the protocol after the decision has been taken. A copy of the protocol shall be furnished to a candidate, authorized representatives of a political party, an electoral bloc not less than two days before the meeting of the election commission at which registration of the candidate, federal list of candidates is to be considered. If the number of authentic voter signatures is insufficient or the number of unauthentic or invalid signatures equals or exceeds 25 percent of the total number of signatures sampled for verification, the candidate, political party, electoral bloc shall be entitled to receive from the election commission a copy of the protocol certified by the head of the working group, a verification report setting forth the reasons why the voter signatures were pronounced unauthentic or invalid and indicating the number of the file, the number of the signature sheet and the number of the line of the signature sheet which contain each such signatures, as well as copies of official documents on the basis of which the signatures were pronounced unauthentic or invalid.

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Интересно:   © Аман Газиев, 1995. Все права защищены © Плоских В. М., 1995. Все права защищены Произведение публикуется с письменного разрешения В. М. Плоских

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