ELECTORAL CODE
OF THE
THE LAW
OF THE
ON MAKING CHANGES IN AND ADDITIONS TO THE RoA
CRIMINAL
CODE, THE RoA CODE OF CRIMINAL PROCEDURE AND
THE RoA
ADMINISTRATIVE VIOLATIONS CODE
As of
Unofficial publication
PART ONE
SECTION ONE: GENERAL PROVISIONS
CHAPTER ONE
MAIN PROVISIONS
1.
In accordance with Article 3 of the Constitution of the
2.
Citizens of the
expression of free will, on
voluntary basis.
3.
The state encourages that the elections of the President of the Republic,
elections to National Assembly, local self-governing bodies are held under competitive
and alternative principles.
4.
The state holds responsibility for the preparation, organization, conduct of legal elections.
(Amend.
of
Article 2: Citizens’ Electoral Right
1.
The citizens of the
During
the elections to local self-governing bodies the rights and obligations of the
citizens of the
2.
During the preparation and conduct of the elections, the citizens of the
3.
Citizens' electoral right is regulated by the Constitution of the
4.
Disabled people, as well as the voters that have difficulty to participate in
the elections, arrive at the
Precinct
centers and participate in the voting according to the procedure established by
the Central Electoral Commission.
5.
Citizens who have been recognized as incapacitated by a court ruling, as well
as those that have been
sentenced to imprisonment
and endure punishment by a court judgment entered into legal force, cannot
elect and be elected.
6.
Citizens who are military servicemen performing their military
service or participating in military training cannot participate in elections
to local self-governing bodies and National Assembly elections under
majoritarian system.
(Amend.
of March 23, 1999 LA-286; October 16, 1999 LA-2; April 21, 2000 LA-47; July 31,
2002 LA-406-P)
Citizens who have the right to vote, regardless of
nationality, race, gender, language, religion, political or other conceptions,
social origin, property or other status have the right to elect and be elected.
Any restriction of the electoral right on the above-mentioned bases is
prosecuted by the law.
---------------------------------------------------------------------------------------------------------
*
* The sources for official publication are:
1.
2.
3.
4.
April 26, 2000, LA-47 (RAOB 2000/8 (106), April 28, 2000)
5.
Dec. 22, 2000, LA-115 (RAOB 2000/33 (131), Dec. 30, 2000)
6.
7.
Incorporation
by "Bavigh" LTD..
------------------------------------------------------------------------
Article 4: Equal Electoral Right
1.
Citizens participate in elections on equal basis.
2.
The state ensures equal conditions for the exercise of the citizens’ electoral
right.
(Amend.
of March 23, 1999 LA-286)
Article 5: Direct Electoral Right
The
President of the Republic, Deputies of the National Assembly, local
self-governing bodies are elected directly. Proxy voting is prohibited.
Article 6: Voting by Secret Ballot
Voting
is by secret ballot. Oversight of the expression of voters' free will is
prohibited and is prosecuted by law.
Article 7: Transparency of Elections
1.
Elections are prepared and conducted in a transparent way.
2.
Decisions of electoral commissions, national government and local self-governing
bodies, related to the preparation and conduct of elections are published in
the official press, within three days after the decisions have been taken.
3.
In the course of the sessions of the commissions and during the voting, in the
way prescribed by this Code, the Chairman of the Electoral Commission ensures
the participation of proxies, observers and the representatives of mass media,
in the activities of electoral commissions and ensures necessary and equal
working conditions for them.
4.
Three days before the elections of the President of the Republic and to the
National Assembly the Central Electoral Commission publishes the total number
of the voters in the
5.
In the procedure prescribed by this Code, citizens are informed about the
composition, location and working hours of Electoral Commissions, on the
formation of precincts and precinct centers, on the dates for presenting
appeals about the inaccuracies in the voter lists, on the nomination and
registration of candidates, on the day of voting and the election results.
6.
On the voting day, the precinct electoral commissions shall transfer data to
the Territorial Electoral Commission periodically – every three hours – on the
number of voters that have participated in voting. The Territorial Electoral
Commissions summarize these data; make them public and periodically – every
three hours – forward them to the Central Electoral Commission. During national
elections (Presidential elections as well as regular and extraordinary elections
to National Assembly are considered to be national elections) the Central
Electoral Commission, starting from
7.
During the sessions of the electoral commissions, as well as at any time during
the voting, proxies, accredited observers and the representatives of mass media
have the right to be present at the precinct center.
8.
Immediately after the voting is completed, from
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 8: Expenses for Preparation and Conduct of
Elections
1.
Expenses for preparation and conduct of elections (including those for the
compilation and maintenance of voter lists) shall be borne from the state
budget.
2.
The procedure for the expenses of candidates in the period of the pre-election
campaign and their reimbursement is determined by this Code.
CHAPTER TWO
VOTER LISTS
Article 9: Compilation and Maintenance of Voter
Lists
1.
All citizens of the
2.
Every citizen of the
3.
Voter lists are permanently managed documents and are compiled in communities,
by electoral precincts. Voter lists shall be reviewed in December and June of
every year.
4.
Voter lists are compiled and maintained by community leaders by the power of
authorities delegated to them. The Central and Territorial Electoral
Commissions shall exercise control over compilation and maintenance of voter
lists in accordance with procedures set by the Central Electoral Commission.
5.
In cases envisaged by this Code, in accordance with the procedures set forth by
the Central Electoral Commission, voter lists are compiled by the heads of
Diplomatic or Consular Missions of the
6.
Citizens of the Republic of Armenia that have the right to vote, who live or
are outside the territory of the Republic of Armenia, are included in the voter
lists that are compiled outside the territory of Republic of Armenia, in
compliance with the procedure established by the Central Electoral Commission.
7.
In the event of absence of a Diplomatic or Consular Mission of the Republic of
Armenia in a foreign country, the citizen of the Republic of Armenia can apply
to the Diplomatic or Consular Mission of the Republic of Armenia in the state
bordering, or located close to the state of residence or the state where the
voter is, for the inclusion in voter lists.
8.
The community leader submits the voter lists by precincts to the head of the
institution administering the territory of the precinct center and to the
Territorial Electoral Commission 40 days before the day of voting.
9.
The community leader, based on applications from citizens, proxies and members
of the Commission, makes corrections in the voters’ lists starting 40 days
before the voting day and within 35 days.
10.
The Community leader responds to inquiries on corrections on voter lists within
three days.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 10: Inclusion of Citizens in Voter Lists
1.
All citizens, who have the right to vote and are registered in a given
community, as well as the citizens who reside temporarily or permanently in a
given community but have no registration, but who have not later than 5 days
before the day of voting submitted an application to the community leader on
the inclusion of their name and last name in the voter lists, in the manner
prescribed by the Central Electoral Commission, are necessarily included in the
voter lists.
Every
person who has the right to vote in the elections to local self-governing
bodies shall, on common basis be included in the voters’ lists during the
elections to local self-governing bodies.
The
military servicemen who are performing their military service or participating
in the military training and who have not been taken off the records prior to
being drafted for military service, cannot be included in the voters’ lists
during the elections to local self-governing bodies and National Assembly
elections under majoritarian system.
2.
The lists of voters under detention are compiled by the head of that
institution, with the participation of the member of the Territorial Electoral
Commission, 3 days prior to the day of voting.
3.
During the Presidential elections and the National Assembly elections under
proportional system, the military and the members of their families, who have the
right to vote, residing on the territory where the military units are located,
with the exception of the military units situated at least 50 kilometers away
from the nearest settlement, are included in the voter lists of the relevant
electoral precinct (on the territory of which the unit is located), based on
the data submitted on a general basis by the administration of the military
unit.
4.
The military that reside outside the military unit and have the right to vote
are included in the voter lists on a general basis.
5.
Voter lists of the military units situated at least fifty kilometers away from
the nearest settlement are compiled by the chief of the military unit and
submitted to the relevant Territorial Commission not later than 20 days prior
to the day of voting.
(Amend.
of
Article 11: Requirements for the Voter Lists
1.
Citizens’ first name, last name, patronymic name, year, month and date of birth
and address are entered onto the voter lists.
2.
The voter lists are compiled according to citizens’ address of registration.
The procedure for inclusion of citizens, who have no registration, in the voter
lists, is established by the Central Electoral Commission.
3.
Voter lists are compiled in the form of a register and paginated for up to 1000
voters. Each page of the register is signed and sealed by the community leader
and the appropriate passport offices of the Ministry of Internal Affairs.
4.
The absence of patronymic name in the identification documents shall not be an
impediment for participation in any electoral process (when all other
information is consistent).
(Amend.
of
Article 12: Publicity of the Voter Lists
1.
Every person can freely get familiarized with the voter lists.
2.
The head of the institution that administers the territory of the precinct
center displays one copy of voter lists at the precinct center in a place
visible for everybody, forty days prior to the elections.
3.
Together with the voter lists, it is mandatory to display a notice in the
precinct center, about the dates and place for presentation of applications on
inaccuracies in those lists, and the procedure, dates and conditions for their
consideration.
4.
The Chairman of the Precinct Electoral Commission displays the final version of
the voter lists at the precinct center, in a place visible for everybody, 2
days prior to the day of voting.
5.
After the voting is completed, the voter lists stay displayed at the precinct
center until the termination of the powers of Precinct Electoral Commission.
6.
Every citizen has the right to receive from the community leader the
photocopies of the voter lists of that particular precinct, for the price
established by the Central Electoral Commission. The community leader has to
deliver to the citizen the relevant voter lists, within three days.
(Amend.
of
Article 13: Submission of Voter Lists to Precinct
Electoral Commissions
1.
Heads of military units situated at least 50 kilometers away from the nearest
settlement submit two copies of voter lists to the Chairmen of the Precinct
Electoral Commissions being formed near them, not later than 4 days prior to
the day of voting, and the heads of the institutions having the authority for
detention of citizens – not later than 2 days prior to the day of voting.
2.
The Precinct Electoral Commissions have no right to make any change – addition
or correction – in voter lists, on their own initiative.
(Amend.
of
Article 14: Procedure for the Consideration of
Applications about the Inaccuracies in Voter Lists and the
Correction
of the Lists
1.
Every citizen has the right to apply to the community leader with the request
concerning the inaccuracies in voter lists, for the inclusion or withdrawal
from voter lists of himself/herself or other citizens,
not later than five days prior to the day of voting. Applications are submitted
in writing.
2.
The community leader, within three days considers applications concerning the
inaccuracies in voter lists, makes decisions, and informs the citizens in
writing on the results of the consideration of their applications; whenever
possible those citizens whose names and last names have been removed from the
voter lists, are also informed.
3.
Any disputes about inaccuracies in voter lists can be appealed to the court.
The court is obliged to make a decision within five days. The decision is not
subject to appeals. Voters’ lists are not subject to change within 2 days prior
to voting, as well as on the day of voting, not even by a court decision.
(Amend.
of
UPDATE:
According
to RA Constitutional Court’s decision /1 October 2002, CCD-389/ "not
even by a court decision" phrase stated in Article 14, point 3 of
"The Law on Amendments and Additions to the Electoral Code of the Republic
of Armenia" does not have a legal force.
This
means that a voter can apply to the court 2 days prior to elections and on the
day of voting to be included in the voters list for his/her precinct.
CHAPTER THREE
ELECTORAL PRECINCTS AND
Article 15: Electoral Precincts
1.
For the purpose of organization of voting and vote count, Precincts are formed,
which are numerated consecutively.
2.
Local self-governing bodies form Precincts in communities, not later than 45
days prior to the day of voting, taking into consideration local and other
conditions, with the intention of creating most favorable conditions for
exercising by voters of their electoral rights.
3.
The heads of military units located up to 50 kilometers away from the nearest
settlement submit the number of the registered voters of their military units
to the respective community leaders at least 45 days prior to the voting day.
4.
In the procedure established by the Central Electoral Commission, precincts are
formed in foreign countries – at the Diplomatic and Consular Missions of the
5.
40 days prior to the day of voting electoral precincts are formed in military
units that are situated at least 50 kilometers away from the nearest
settlement. These precincts are formed by the units’ heads.
6.
A precinct covers not more than 2,000 voters.
7.
A precinct cannot comprise of residential areas of different communities.
(Amend.
of
Article 16: The
1.
A precinct center shall be formed at the electoral precinct.
2.
A precinct center shall be formed at the premises of preschool education,
academic, scientific, cultural, sports or other institutions under the
subordination of state or local self-governing bodies.
3.
A precinct center cannot be formed at the premises of state and local
self-governing bodies, military-academic institutions, military units and
healthcare institutions. Precinct centers can be formed at military units
located at least 50 kilometers away from the nearest electoral precinct, at the
institutions that have the authority for detention of citizens, as well as at
the precincts arranged at diplomatic and consular representations.
4.
A precinct center shall be located as close as possible to the apartment blocks
and houses situated within the electoral precinct.
Article 17: Formation of Precinct Centers
1.
The community leader designates a precinct center not later than 45 days prior
to the day of voting.
2.
In the event of impossibility of holding voting at the precinct center, upon
the request of the Chairman of the Precinct Electoral Commission, the community
leader changes the location of the precinct center at least three days prior to
the day of voting, and in emergency cases (natural disaster, accident, fire) -
on the day of voting and two days before it, upon the consent of the Chairman
of the relevant Territorial Electoral Commission.
3.
The community leader, in the procedure established by the Central Electoral
Commission, within 2 days informs the citizens on the formation of electoral
precincts and precinct centers. The heads of the institutions administering the
premises of precinct centers also receive similar information.
4.
The community leader immediately informs the citizens if the location of the
precinct center has been changed, in the procedure established in the second
paragraph of this Article.
(Amend.
of
CHAPTER THREE **
CONSTITUENCIES
1.
In addition to electoral precincts, the territory of the
1)
Constituencies shall include equal number of voters. Difference of up to 15% in
the number of voters is allowed;
2)
Constituencies form an integral territory. It is not allowed to include in one
constituency precincts that have no common borders;
3)
Constituencies are formed and numbered by the Central Electoral Commission,
based on the number of voters registered in the area, as submitted by the Marzpets/Governors.
Such data is submitted according to communities, at least 95 days prior to
elections.
2.
The Central Electoral Commission defines and publishes the numbered voter lists
and maps of constituencies at least 90 days prior to the voting day.
3.
Constituencies are not subject to change during extraordinary elections.
CHAPTER FOUR
PRE-ELECTION CAMPAIGN
Article 18: Basic Principles for Pre-Election
Campaign
1.
The state ensures the free implementation of citizens’ pre-election campaign.
The pre-election campaign is exercised on equal basis. It is ensured by the
state bodies, for the purpose of organization of pre-election meetings,
meetings of candidates with the electorate and other events related to
elections, by providing them halls and other premises, upon the request of
electoral commissions. They are provided to the candidates and parties, running
in elections, on equal basis, free of charge, in accordance with the timetable
and procedures established by the Central Electoral Commission.
2.
Citizens, parties, party alliances (hereinafter party) of the
3.
The candidates and parties are guaranteed equal conditions for access to mass
media broadcasting time or size, price, etc.
4.
It is forbidden to conduct the pre-election campaign and to disseminate
campaign documents of any kind to:
1)
State and local self-governing bodies, as well as their staff while performing
their official duties;
2)
Members and Judges of the Constitutional Court, officials of the Ministry of
Internal Affairs and National Security, officials of the Prosecutor's office,
and the military;
3)
Charitable and religious organizations;
4)
Foreign citizens and organizations.
5.
The pre-election campaign commences on the day following the last day envisaged
for the registration of candidates and parties, and ends on the day prior to
the day of voting. Any election campaign is prohibited on the day of voting and
the day prior to it. Campaign documents, which are not at the precinct center,
stay during the day of voting in their places.
6.
Pre-election campaign can be held through mass media, through electoral public
events (such as pre-election rallies and meetings with electorate, public
electoral discussions, debates, rallies, marches) by printing publications,
disseminating audiovisuals.
7.
During the pre-election campaign candidates and parties are banned from giving
(promising) - personally or through other means - money, food, bonds, and goods
to citizens free of charge or on privileged terms or rendering (promising)
services.
----------------------------------------------
**
(Chapter 3 1 was added:
-----------------------------------------------
8.
The candidates and the parties are bound to observe the procedures for
organization of the pre-election campaign. Electoral Commissions oversee the
observance of the established procedure of the pre-election campaign. In the
event of violation of the procedures the commission that has registered the
candidate or the party, appeals to the relevant bodies, in order to prevent
them, as well as to the Court – to declare the registration of that candidate
or party electoral list out of force. The Court, after receiving such appeals
from electoral commissions, has to pass a judgement within five days period,
and in case they are received within five days prior to the day of voting -
immediately.
9.
The arrested or detained candidates carry out their pre-election campaign
through their proxies. For that purpose, in the period of the pre-election
campaign, the arrested and detained candidates have the right of having daily
meetings, for up to two hours, with not more than three proxies, at the
institutions that have the right to hold the arrested or the detained.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 19: Non-Allowance of Abuse of the Right of
Pre-Election Campaigning
During
the pre-election campaign it is forbidden to call for the violent overthrow of
the constitutional order, racial, national, religious supremacy, publication
and dissemination of materials stimulating racial, national or religious
hatred.
(Amend.
of
Article 20: Pre-Election Campaign through Mass
Media
1.
Candidates for the President of the Republic and the Parties registered by the
proportional system for the National Assembly have the right of paid and free
of charge airtime (including live broadcasting) on the public radio and public
television, on equal conditions.
2.
The Central Electoral Commission establishes the procedure for the provision of
free airtime on the public radio and public television established by local
self-governing bodies for candidates for the President of the Republic and for
the Parties that have presented party lists based on the proportional system
for the National Assembly.
3.
Candidates and parties shall have the right on equal conditions to have airtime
also on the radio and television established by local self-governing bodies.
4.
The leadership of the periodicals established by state and local self-governing
bodies shall ensure equal conditions for the candidates and parties while
publishing materials for a campaign.
5.
Pre-election campaign through mass media is implemented in the form of public
debates, round-tables, press conferences, interviews, political advertisements
and other forms not prohibited by the law.
6.
It is forbidden to interrupt the radio and television broadcasts of
pre-election campaign with advertisements of goods and services.
7.
It is forbidden to establish campaign headquarters at precinct centers and
within seven days prior to the day of voting - campaigning at the precinct
centers.
8.
Television and radio broadcasts with pre-election campaign shall be video and
audio recorded. They are preserved for at least six months.
9.
The state and local self-governing bodies, for the purpose of meetings, rallies
and assemblies, organized for pre-election campaigning, allocate required
territories to candidates and parties free of charge, according to the
procedure established by the Central Electoral Commission. It is forbidden to
allocate historical-cultural buildings and adjacent territories for such
purposes.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 21: Procedure for the Use of Campaign
Posters and Other Materials
1.
Parties and candidates have the right to publish and disseminate posters,
leaflets and other printed campaign materials, on an equal basis.
2.
The community leader, not later than five days after the start of the
pre-election campaign, allocates special places within the community for
display of campaign posters. Those places shall be convenient for voters'
attendance. Each precinct shall have not less than one such place. Candidates
and parties are allocated equal space in special places.
3.
The depiction of the flag or the coat of arms of the
4.
It is forbidden to tear off the campaign posters displayed in special places,
or making any graffiti on them.
5.
The community leaders ensure that the campaign posters of candidates and
parties not running for elections be promptly removed.
6.
Printed campaign materials shall contain information about those organizations
and people that are responsible for the publication, as well as the printing
company and the quantity.
7.
Dissemination of anonymous printed campaign materials is forbidden. Whenever
anonymous or false printed campaign materials are found, the informed Electoral
Commission takes measures to prevent such activities and addresses the relevant
bodies in order to quit the illegal activities.
Article 22: Prohibition of Influencing the
Expression of Citizens’ Free Will
1.
Reporters of the public radio and public television, staff of the editorial
offices that are registered as candidates are banned from highlighting the
elections on the public radio and public television.
2.
During the pre-election campaign, the officials and members of the public and
local self-governing bodies, as well as the employees of the state and public
media are banned from making use of their powers (authorities) for creation of
uneven conditions between the candidates, or influencing the expression of
citizens' free will, through prejudiced support. Whenever nominated as
candidates these people make use of the state-owned means of mass media in the
procedure established by this Code.
3.
It is forbidden to publish the results of the public polls on the ratings of
candidates and parties within the last seven days of the pre-election campaign.
(Amend.
of
Article 23: Prohibition of the Pre-Election
Campaigning on the Day of Voting and the Day Prior to it
1.
On the voting day and the day prior to it, within the building where the
precinct center is located or in its vicinity, as well as right at its
entrance, it is forbidden to influence on the voters orally or in written form,
through music or visual means, to collect signatures, as well as to campaign in
other ways.
2.
Until the end of the voting it is forbidden to publish voter’s survey results
on the question who they have voted for.
3.
It is forbidden to assemble in groups on the day of the election in the area
surrounding the precinct center, in the radius of 50 meters.
CHAPTER FIVE
FUNDING OF THE ELECTIONS
Article 24: Funding for Organization and Conduct of
Elections
1.
Expenses for organization and conduct of elections, including the compilation
of the voter lists, as well as the required expenses for the activities of
electoral commissions are covered by the state budget. Relevant expenses are
envisaged by separate budget line of the state budget.
2.
The funds envisaged for elections are allocated to the Central Electoral
Commission within five days after the elections are assigned.
3.
In the case of conducting extraordinary elections are needed funds from the
reserve fund of the state budget, if it is not possible, then they are funded
from the reserve of the Central Bank, on the condition that it will afterwards
be reimbursed from the state budget.
If
the budgetary funds are not allocated to the Central Electoral Commission in
time, or there are no funds available in the reserve of the Armenian Central
Bank, or the allocated means have not been sufficient, for funding the
extraordinary elections or the second round of the elections, then the Central
Electoral Commission has the right to receive a loan from private banks on
competitive basis, on the condition, that the loan will be paid off by the
Government within 3 months time.
4.
Financial means of the commissions are provided in conformity with procedures
established by the Government of the RA, based on budget estimates provided by
the Central Electoral Commission. Chairpersons of Electoral commissions manage
the financial means and are responsible for using those means in accordance
with procedures established by the Central Electoral Commission.
(Amend.
of
1.
For the purpose of funding their pre-election campaign, candidates and parties
have the right to create a pre-election fund. The means of the electoral funds
of the candidates for the President of the Republic and parties are accumulated
in the Central Bank of the Republic of Armenia, and for the other candidates –
in any bank, operating on the territory of the Republic of Armenia (on a
special account) The means of the pre-election fund are managed by candidates
and parties. Based on the written application of the registered candidates and
parties, banks open temporary special accounts. Revenues of these accounts are
not accumulated or paid.
Pre-election
funds are formed from:
1)
personal means of the candidate;
2)
means allocated to the candidate by the party, which
has nominated him/her;
3)
own means of the party;
4)
voluntary contributions by physical and legal persons.
2.
The following have no right to make contributions to the election funds:
1)
state and local self-governing bodies;
2)
budgetary institutions (organizations);
3)
Foreign physical and legal persons;
4)
Persons without citizenship;
5)
Those economic organizations, in the charter or share capital of which the
6)
Those organizations which have foreign means in the amount of more than 30 per
cent in their share capital;
7)
Charitable and religious organizations, international organizations and
international non-governmental movements.
The
amounts paid to the pre-election funds by the above-mentioned physical and
legal persons are transferred to the state budget.
3.
The Central Electoral Commission establishes the procedure for voluntary
contributions to the pr-election funds.
4.
This Code establishes the maximum amount of contributions to the pre- election
funds by physical and legal persons. Contributions exceeding the established
amount and the money left in the pre-election funds after the elections are
transferred to the state budget.
5.
Means of the pre-election funds are spent through proxies of the candidate and
the party.
6.
Those banks, in which special temporary accounts have been opened, periodically
– every three days – submit a notice to the relevant electoral commission on
the contributions made to the pre-election funds of candidates and parties.
These banks return the amounts exceeding the maximum amounts established by
this Code, to those having the right of making contributions to the
pre-election funds.
7.
If the candidate or the party besides the means of the pre-election fund uses
other means for the pre-election campaign, the Court, based upon the
application of the Central Electoral Commission, recognizes the registration of
the candidate or the party list as out of force.
8.
All the transactions connected with the accounts of candidates' and parties'
pre-election funds are terminated from the day of voting.
9.
The Central Electoral Commission can allow candidates and parties to make
payments from the fund also after the voting day, for the transactions carried
out before the day of voting.
10.
In the event of the elections being declared as not held, the means in the
pre-election funds are frozen until the registration of candidates and parties
for the new elections. The candidates and parties re-registered for new
elections can use the means left in their pre-election funds. In case the
candidates or parties have not been registered for new elections, the means
left in their pre-election funds are transferred to the state budget.
11.
Not later than 15 days after elections, the candidates and parties submit a
declaration to the electoral commissions that had registered them, on the use
of the available amounts in their pre-election funds. The Central Electoral
Commission establishes the specimen of the declaration and the procedure for
its submission. Electoral commissions send their registered declarations to
Oversight and Audit service of the Central Electoral Commission within 3 days
of receipt. The declaration is published in the procedure established by the
Central Electoral Commission.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 26: Oversight and Audit Service
An
Oversight-Audit Service is set up by the Chairman of the Central Electoral
Commission, within the Commission, since the designation of the election day,
with a view to implement oversight of the rational use of means allocated to
the electoral commissions for organization and conduct of elections, as well as
for the accounting of contributions made to the election funds and oversight of
those expenses. Relevant specialists can be included in the work of the service
on contractual basis. Having received declarations on the use of finances in
campaign funds of candidates, parties and alliances from commissions that have
registered them, pursuant to procedures established in Article 25 (11) of the
Code, the Oversight and Audit Service within one month checks them and submits
the materials to the Central Electoral Commission for discussion. Materials
about violations discovered as the result of discussion are sent, upon a
decision of the Central Electoral Commission, to a court of the first instance.
The procedure for the activities of the oversight-audit service is established
by the Central Electoral Commission.
(Amend.
of
CHAPTER SIX
PROXIES, OBSERVERS AND
REPRESENTATIVES OF MASS MEDIA
Article 27: The Status of the Proxy
1.
After the registration the candidates and parties, for the protection of their
interests in their relationship with the electoral commissions, state and local
self-governing bodies, organizations and mass media can have proxies.
Only
citizens of the
2.
After the registration of candidates and party lists, sealed certificates are
given to the proxies, based on the submitted, but no more than three times the
number of precincts. Certificates are issued within five days after the request
has been submitted. The relevant commission states the candidate’s first name,
patronymic, last name, and the name of the party, on the certificate. The candidate
or the party authorized representative fills out the certificates and allocates
them to the proxies.
3.
The Central Electoral Commission establishes the procedure for the registration
of the proxies. The candidate or his/her authorized representative, the party
authorized representatives can at any time recall their proxies and appoint the
new ones, informing of it the relevant electoral commission, in writing.
4.
Members of the
(Amend.
of
Article 28: The Right of the Observation
1.
During the election the following have the right of observation mission:
1)
International organizations,
2)
Representatives of foreign countries,
3)
those Non-Governmental organizations of the Republic of Armenia and of foreign
countries, whose charter provisions include issues of democracy and protection
of human rights and who do not support the candidates or parties
2.
The Central Electoral Commission establishes the procedure for performing the
observation mission.
Article 29: Accreditation of Observers
1.
The organizations and persons mentioned in Article 28 of this Code can perform
observation after having been accredited with the Central Electoral Commission.
2.
Requests for accreditation are presented to the Central Electoral Commission
starting from the day of assignment of elections, but not later than ten days
prior to the day of voting.
3.
The Central Electoral Commission issues the credentials for performing of
observation to the relevant organization not later than seven days after the
request has been received.
4.
If the large number of the organizations that have applied for observation can
create technical difficulties for voting and vote count at the precinct
centers, then the priority is given to those organizations, that guarantee the
conduct of observation on all over the territory of the Republic of Armenia.
5.
In case if the observers, after having been accredited,
support any candidate or party, the Central Electoral Commission has the right
to deprive the relevant organization of the observation rights.
6.
Authorities of persons performing observation mission shall be terminated 10
days after the completion of the elections.
(Amend.
of
Article 30: Rights, Responsibilities and Guarantees
of Activity of Proxies, Domestic and International Observers (Hereinafter
Observers), and the Representatives of Mass Media
1.
Proxies, Observers, and the Representatives of Mass Media have the right to:
1)
Be present at the sessions of electoral commissions, and during the voting – at
the precinct center;
2)
Get familiarized, without impediments, with the electoral documents, ballot
specimens, decisions of electoral commissions, protocols of the sessions, to
receive their copies and to make excerpts.
The
proxy has the right to appeal the decisions, actions or inaction by electoral
commission.
3).
Deleted (Amend. of
2.
Proxies, observers, and the representatives of mass media have no right to
intervene in the work of electoral commissions.
3.
One proxy of each candidate and party, running in National Assembly
proportional elections, can attend, with an advisory vote, the session of the
electoral commission, and during the voting.
4.
On the day of voting proxies and observers monitor the work of electoral
commission. To that end they can present their remarks and proposals to the
Chairman of the Commission, who then takes appropriate measures.
5.
No restriction of the rights of proxies, observers, and representatives of mass
media is allowed.
6.
Proxies, observers, and representatives of mass media cannot be subjected to
liability for their opinion expressed on the course of elections and summarized
results.
(Amend.
of
SECTION TWO
ELECTORAL COMMISSIONS
CHAPTER SEVEN
THE SYSTEM OF ELECTORAL COMMISSIONS,
THE STATUS OF MEMBERS OF ELECTORAL
COMMISSIONS
Article 31: The System of Electoral Commissions
1.
For the purpose of organizing and conducting elections, a three-level system of
electoral commissions is formed in the Republic: Central Electoral Commission,
Territorial Electoral Commission, and Precinct Electoral Commission.
2.
A Territorial Electoral Commission is formed for each constituency.
3.
If the territory of a community is included in the structure of more than one
constituency, then, 65 days prior to the elections, the Central Electoral
Commission determines which Territorial Electoral Commission would have the
authority to organize and conduct the elections to local self-governing bodies
in the particular community. The constituency of the commission shall include
the maximum number of voters from that particular community.
During
the elections to local self-governing bodies, that particular Territorial
Electoral Commission shall coordinate the activities of all Precinct Electoral
Commissions operating in the territory of the community.
(Amend.
of
Article 32: The Electoral Commissions
1.
The electoral commissions ensure the realization and the protection of
citizens’ electoral rights. During the performance of their authorities, the
electoral commissions are independent from the state and local self-governing
bodies.
2.
Central and Territorial Electoral Commissions function on a permanent basis.
3.
The decisions of electoral commissions, adopted within the framework of their
authorities, are binding.
(Amend.
of
Article 33: Status of the Members of Electoral Commissions
1.
Members of electoral commissions are exempt from military call-ups and training
exercises, and in the period of the national elections
– from conscription.
2.
Members of the Central Electoral Commission during the entire time period of
the activity of the Central Electoral Commission and members of the Territorial
and Precinct Electoral Commissions during national elections may be arrested or
subjected to administrative or criminal judicial prosecution only upon the
content of the Central Electoral Commission.
3.
The Chairman of the Central Electoral Commission, the Vice-Chairman, the
Secretary and the members work on a permanent basis and have no right to
perform other paid work, except for scientific, academic and creative work.
4.
The authorities of the members of the Central and Territorial Electoral
Commissions are in force until the formation of new Central and Territorial
Electoral Commissions.
5.
Members of electoral commissions have the right to get familiarized beforehand
with the issues and documents presented for discussion at the commission, to
make speeches at commission sessions, to present proposals and require voting
to that end, to pose questions to the commission members and get full answers.
6.
Members of electoral commissions shall carry out the instructions of the
commission chairman, released within the latter’s authorities.
7.
Members of the superior electoral commission, upon the request of the chairman
of the relevant commission, have the right to participate in the session of a
subordinate electoral commission with an advisory vote, and be present at the
precinct center on the day of voting.
8.
In the period of their activities members of electoral commissions can be free
from fulfillment of their productive or service duties.
9.
Payment of members of electoral commissions, as well as their staff is covered
from the means of the state budget. The salary of the Chairman of the Central
Electoral Commission is equal to that of the Chairman of the Court of
Cassation. The salary of the Vice-Chairman of the Central Electoral Commission
is equal to that of the Chairman of the Chamber of the Court of Cassation. The
salary of the Secretary of the Central Electoral Commission is equal to that of
the judge of the Court of Cassation. The salary of the members of the Central
Electoral Commission and also the salary of the Chairman of the Territorial
Electoral Commission, during the period of the national elections, is equal to
that of the judge of the Court of Cassation. The salary of members of
Territorial Electoral Commissions and the salary of Chairman, Vice-Chairman and
Secretary of the Precinct Electoral Commission, in the period of the national
elections, equals to ten minimum salaries. The salary of the Chairman,
Vice-Chairman and Secretary of the Territorial Electoral Commission equals to
ten minimum salaries.
The
salary of the Chairman, Vice-Chairman and Secretary of the Precinct Electoral
Commission, in the period of National Assembly majoritarian by-elections and
elections of local self-governing bodies, equals to ten minimum salaries. The
salary of the members of Precinct Electoral Commissions is preserved during the
elections.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
CHAPTER EIGHT
THE FORMATION OF ELECTORAL COMMISSIONS
Article 34: Principles for Formation of Electoral
Commissions
1.
Citizens of the
2.
Information about the composition of electoral commissions is published in the
procedure established by the Central Electoral Commission.
3.
A citizen can be included in only electoral commission.
4.
Deputies of the National Assembly, members of the
Article 35: Procedure for Formation of the Central
Electoral Commission
1.
Central Electoral Commission is comprised of:
1)
One member from every party (alliance) that have a faction in the current or
dissolved National Assembly appointed by the decision of permanently
functioning body (bodies).
2)
3 members nominated by the President of the Republic;
3)
If a party (alliance) has not made its nomination pursuant to provisions of
sub-clause 1 of this Clause by the deadline for forming the Central Electoral
Commission, the vacancy shall be filled by the appropriate faction.
2.
The new Central Electoral Commission is formed and starts its duties on the
fortieth day after the National Assembly Elections.
3.
The composition of the new Central Electoral Commission is announced by the
Chairman of the previous Central Electoral Commission.
4.
Deleted (Amend. of
5.
Deleted (Amend. of
6.
The activities of the Central Electoral Commission are supervised by the
Chairman of the Commission or by his/her assignment – the Vice-Chairman. The
Central Electoral Commission elects the Chairman, Vice-Chairman and the
Secretary of the Central Electoral Commission at its first meeting. The first
session of the Central Electoral Commission commences in the administrative
building of the Central Electoral Commission, on the first day of the formation
of the Central Electoral Commission, at
7.
The right to nominate candidatures for the position of the Chairman of the
Central Electoral Commission belongs to the members of the Central Electoral
Commission.
8.
If one candidate has been running for the position of the Chairman of the
Central Electoral Commission, he/she is considered as elected, if he/she has
received more than half of the votes cast.
9.
If two candidates have been running for the position of the Chairman of the
Central Electoral Commission, the candidate, who has received more votes, is
considered as elected.
10.
If more than two candidates have been running for the position of the Chairman
of the Central Electoral Commission, and none of them has received more than
half of the votes cast, repeated voting is held between the candidates that
have received more votes.
11.
In the event if no Chairman is elected at the first session of the Central
Electoral Commission in the established procedure, within three days Government
appoints the Chairman of the Central Electoral Commission from among the
members of the Central Electoral Commission.
12.
The election of the Vice-Chairman and the Secretary of the Central Electoral
Commission is held in the procedure envisaged for the election of the Chairman
of the Central Electoral Commission by this Article.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 36: Procedure for Formation of the
Territorial Electoral Commission
1.
The Territorial Electoral Commission is formed according to the procedure and
within dates established for the formation of the Central Electoral Commission.
2.
The composition of Territorial Electoral Commissions published by the Chairman
of the current Central Electoral Commission.
3.
The activities of the Territorial Electoral Commission are supervised by the
Chairman of the Commission or by his/her assignment – the Vice-Chairman.
4.
The Territorial Electoral Commission elects the Chairman, Vice-Chairman and the
Secretary of the Territorial Electoral Commission, from among the members of
the commission, at the first session of the Territorial Electoral Commission.
The first session of the Territorial Electoral Commission commences on the
first day of the formation of the Territorial Electoral Commission, at
5.
The right to nominate candidatures for the position of the Chairman of the
Territorial Electoral Commission belongs to the members of Territorial
Electoral Commission.
6.
The Chairman, Vice-Chairman and the Secretary of the Territorial Electoral
Commission are elected in the procedure established for the election of the
Central Electoral Commission Chairman.
7.
In the event if the Chairman of the Territorial
Electoral Commission is not elected in the established procedure and dates, the
Government appoints the Chairman of the Commission from among the members of
the Territorial Electoral Commission within three days.
8.
Deleted (Amend. of
(Amend. of
Article 37: Procedure for Formation of the Precinct
Electoral Commissions
1.
The members of the Precinct Electoral Commission are appointed by members of
the respective Territorial Electoral Commissions, according to the principle of
one member of the Territorial Electoral Commission – one member of the Precinct
Electoral Commission.
2.
To form a Precinct Electoral Commission in accordance with the above-mentioned
procedures, members of the Territorial Electoral Commission submit applications
to the Chairman of their commission not earlier than 24 and not later than 21
days prior to the voting date, until
3.
In the event if the Precinct Electoral Commissions are
not formed in the above-mentioned procedure, the Chairman of the Territorial
Electoral Commission fills in the vacancies of the commission within three
days. The composition of the Precinct Electoral Commission is filled so that
the number of members is not less than 9.
4.
The first meeting of the Precinct Electoral Commission is opened by the
Chairman of the Territorial Electoral Commission at the precinct center, on the
next day of the formation of the commission, at
5.
At its first session, the Precinct Electoral Commission elects the Chairman of
the commission, Vice-Chairman and the Secretary from within its members.
6.
The elections of the Chairmen, Vice-Chairmen and the Secretaries of the
Precinct Electoral Commission are held in the procedure established for the
election of the Chairman of the Central Electoral Commission, within two days
time.
7.
In the event if the Precinct Electoral Commission, within the dates established
in point six of this Article, does not elect the Chairman of the commission,
the Chairman of the relevant Precinct Electoral Commission is appointed by the
Chairman of the Territorial Electoral Commission, not later than two days after
the formation of Precinct Electoral Commissions, from within the members of the
relevant commission.
8.
Authorities of the Precinct Electoral Commissions are terminated seven days
after the official publication of the election results, in case there is no
Court dispute over the election results. In the event if there is a Court
dispute, the authorities of the Precinct Electoral Commissions are terminated
after the court resolution has entered into legal force.
(Amend.
of
Article 38: Procedures for Removing the Chairman,
the Vice-Chairman and the Secretary of an Electoral
Commission
from office, and for Early Termination of Powers of Members
1.
The Chairman, the Vice-Chairman and the Secretary of an Electoral Commission
may be removed from office by a decision adopted by at least 2/3 of the total
votes of members of the appropriate commission. The Chairman of an Electoral
Commission can be removed not later than 4 days before the election date. The
same session that removes the Chairman from office elects a new Chairman in
accordance with procedures established by this Code.
2.
Powers of members of the electoral commission are terminated ahead of time, if:
1)
he/she has does not any more have the right to vote;
2)
Deleted (Amend. of
3)
Deleted (Amend. of
4)
Deleted (Amend. of
5)
In the event of his/her death;
6)
Based on the point ten of Article 39;
7)
Based on his/her application of resignation;
8)
If he has been conscripted.
3.
In the event of early termination of the authorities of members of the
electoral commission, vacancies are filled in the procedure established by this
Code.
4.
Deleted (Amend. of
(Amend.
of
Article 39: Organization of Activities of Electoral
Commissions
1.
Activities of the electoral commission are conducted based on the principle of
partnership.
2.
Activities of the electoral commission are supervised by the Chairman of the
commission, or by his/her assignment – by the Vice-Chairman.
3.
For auxiliary works the Chairman of the Central Electoral Commission forms a
staff, working on permanent basis, headed by the Secretary of the commission. A
similar staff, working on temporary basis, can be created within Territorial
Electoral Commission, upon the consent of the Central Electoral Commission. The
Central Electoral Commission determines the amount of the remuneration of the
staff.
4.
Chairman of the electoral commission decides upon the timetable for holding
regular sessions.
5.
Extraordinary session is convened by the Chairman of the commission on his/her
initiative or upon the written request of at least one-third of the commission
members, within the dates fixed out by them. The Chairman informs the members
of the commission in writing, on the date of convening the extraordinary
session.
6.
The session of the electoral commission is competent, if more than half of the
commission members are present.
7.
The voting is considered as valid, if more than half of the members of the
commission have participated in voting. The decision is considered as adopted
with more than half of the votes cast. In the event of a parity of votes the
vote of the Chairman of the commission (Chair) is decisive.
8.
The electoral commissions get a register with numbered pages and sealed by the
superior commission, which necessarily includes records on preparation and
conduct of elections, with respective dates. The requirements for the registry,
as well as the procedure on how they have to be filled out, are established by
the Central Electoral Commission.
9.
Records about the attendance of the commission members to the sessions of the
commission are entered into the registry. The members present at the session of
the commission put their signatures under the minutes.
10.
The members of the electoral commissions should attend the sessions of relevant
electoral commissions. In case of three absences without an excuse, the
relevant commission is entitled to terminate the authority of the member by a
decision taken by the majority of votes of the total number of commission
members.
(Amend.
of
Article 40: Procedures for Adjudication of
Decisions, Actions and Inactivity of the Electoral Commission
1.
Decisions, actions and inactivity of the electoral commission, with the
exception of the decisions of the Territorial Electoral Commission, on the
summarization of the results of voting, can be appealed to a superior electoral
commission or court, within two days after the publication of the decision, or
the action, or the disclosure of the violation of legislation as a result of
the inaction, and with the exception of the decisions of the Precinct Electoral
Commission, on the voting results, which can be appealed on the day following
the voting, until 14:00, if no other date determined by this Code. The superior
electoral commission takes a decision about those appeals until the final
results of elections are summarized. If no other procedure is established by
this Code, the superior electoral commission and the Court of first instance
take decisions within five days. With the exception of the elections of the
President of the Republic, Deputies of the National Assembly and refusal to
register the lists of the parties, based on the proportional system, the rows
on declaring the registration void, the Court of first instance takes final
decision. Court of appeals takes a decision on those issues within three days,
and the
2.
The appeals received during five days prior to the day of voting are considered
and decisions taken promptly. The decisions of the Territorial Electoral
Commission on summarization of the results of elections are appealed to the
Central Electoral Commission.
3.
The decisions, activities and inactivity of the Central Electoral Commission,
with the exception of the decisions on the results of elections of the
President of the Republic and the National Assembly proportional elections, can
be appealed to the Court.
4.
The disputes over the election results, with the exception of those over
elections of the local self-governing bodies, are resolved by the
5.
The voting day is a working day for the employees of courts and the
prosecutor's office.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
CHAPTER NINE
POWERS OF THE ELECTORAL COMMISSIONS
Article 41: Powers of the Central Electoral
Commission
1.
The Central Electoral Commission is the body, in charge of the legal
organization and oversight of elections, which functions on a permanent basis,
guided by the procedure adopted by it and has the status of a legal person. The
Central Electoral Commission 1) controls the means of the state budget
allocated to it for preparation and conduct of legitimate elections, oversees
the provision of electoral commissions with buildings, furniture, other
material and technical equipment;
2)
Takes a decision on the order of business for itself and inferior electoral
commissions;
3)
Oversees the equal application of this electoral Code;
4)
Establishes the procedure for the compilation of the voter lists in
communities;
5)
Oversees the ensuring of equal opportunities established for campaigning
through mass media;
6)
Establishes forms of ballots and other election documents, provides the
electoral commissions with necessary election documentation;
7)
Publishes instructions on the application of this code and other normative
acts, which are obligatory for all electoral commissions preparing and
conducting the elections and oversees their fulfillment;
8)
Establishes the procedure for verification and correction of voter lists;
9)
Ensures equal conditions for the pre-election activities for Presidential
candidates, parties running in the National Assembly proportional elections,
and candidates registered for elections in majoritarian constituencies;
10)
within its powers takes decisions, that are mandatory for all state and local
self-governing bodies, NGOs, parties, institutions, organizations, as well as
for officials;
11)
considers the applications and complaints on decisions and actions of electoral
commissions, reviews or eliminates the decisions of commissions, which
contradict the Code and the decisions taken by superior Electoral Commissions;
12)
Hears the reports of electoral commissions and relevant state bodies on
preparation and conduct of elections;
13)
Accredits the representatives of mass media, registers the representatives of
foreign countries as observers, NGOs, international organizations, and on the
basis of the submitted lists, issues them certificates;
14)
Approves the forms of ballot boxes;
15)
Approves the forms of seals of electoral commissions, orders them and allocates
to the electoral commissions, establishes the procedure for the return of the
seals after the elections;
16)
registers and issues certificates to the persons nominated as candidates for
the President of the Republic; in the cases envisaged by the law rejects,
recognizes their registration as out of force or invalid; provides the
registered candidates for Presidency or their proxies with a sufficient number
of certificates;
17)
Registers the parties and initiative groups nominating a candidate for the
President of the Republic;
18)
Organizes the publication of biographical data of the nominated candidates for
the President of the Republic;
19)
in the event of the availability of bases envisaged by the law recognizes the
presidential election as invalid or not held, makes a decision about his/her
election;
20)
Summarizes and approves the results of the elections of the President of the
Republic, the National Assembly proportional elections;
21)
Registers parties, which have submitted application on running in the National
Assembly proportional elections and publishes the lists of candidates nominated
by them;
22)
Registers Deputies elected to the National Assembly and issues them a
certificate of the Member of Parliament;
23)
Assigns by-elections and new elections of the National Assembly of the
24)
Applies to the relevant competent state bodies in cases of violation of this
Code;
25)
Resolves other matters related to the application of this Code;
26)
Establishes the procedure for organization of training, organizes the training
of the members of electoral commissions;
27)
Establishes the procedure for drawing a lot in electoral commissions;
28)
Numbers the majoritarian constituencies of the National Assembly;
29)
Establishes the order of business in connection with the pre-election fund and
the electoral deposit;
30)
Realizes other powers envisaged by this Code.
2.
If the constituency includes communities belonging to more than one region, 65
days before the day of voting the Central Electoral Commission determines the
Territorial Electoral Commission in charge of organization and conduct of
elections in that particular community.
3.
After each national election, within thirty days period, the Chairman of the
Central Electoral Commission, or upon his request, one of the members of the
Central Electoral Commission makes a statement in the National Assembly on the
organization and conduct of elections.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 42: Powers of the Territorial Electoral
Commissions
1.
The Territorial Electoral Commission functions on a permanent basis, and in
accordance with the procedure adopted by the Central Electoral Commission has
the status of a legal person. Territorial Electoral Commission
1)
organizes the training of the persons included in Precinct Electoral
Commissions;
2)
Controls the means of the state budget allocated for the preparation and
conduct of elections,
3)
Upon the presentation of the community leader approves the precincts, stating
the latter’s place of voting (precinct center). This information is transferred
to the Central Electoral Commission within 2 days;
4)
In conformity with the procedure established by the Central Electoral
Commission determines the consecutive numbers of constituencies of precincts
and local self-governing bodies;
5)
Provides the Precinct Electoral Commissions with necessary material and
technical means, election documentation; in the established procedure organizes
events required for preparation and conduct of elections, oversees the
provision of the Precinct Electoral Commissions with buildings, furniture,
means of transportation, communication and other necessary means.
6)
Informs the Central Electoral Commissions on its own activity and that of the
Precinct Electoral Commissions;
7)
Considers applications and complaints received about the decisions and actions
of Precinct Electoral Commissions, reviews or eliminates the decisions of
Precinct Electoral Commissions that contradict this Code;
8)
Makes public the preliminary results of elections by precincts, based on the
data of protocols of Precinct Electoral Commissions;
9)
Clarifies and summarizes the election results and submits them to the Central
Electoral Commissions and in the cases envisaged by the law – conducts
verification;
10)
Declares the day of elections to local self-governing bodies;
11)
Follows the compilation of voter lists by the community leader and their
display in precincts for public inspection;
12)
Ensures the preparation of precinct centers, voting booths, ballots, as well as
other means required for voting;
13)
Accredits the representatives of mass media that have submitted applications;
14)
registers the candidates running in National Assembly majoritarian elections
and issues them a certificate of the sample approved by the Central Electoral
Commission; in the cases envisaged by the law recognizes their registration as
out of force or invalid; issues to representatives of candidates nominated for
the community leader or council member, certificates of proxies, in the amount
envisaged by the law;
15)
Registers and issues certificates to the candidates nominated for the community
leader and council member;
16)
clarifies, summarizes and approves the results of elections to local
self-governing bodies; in the cases prescribed by the law conducts
verifications, recognizes the elections as held, invalid or not held;
17)
Summarizes the results of the elections of the community leader and council
member;
18)
Issues certificates to the elected community leaders and council members;
19)
Clarifies and summarizes the results of the presidential elections, the National
Assembly proportional and majoritarian elections, as well as the results of
elections to local self-governing bodies, and with exception of the results of
the elections to local self-governing bodies, submits them to the Central
Electoral Commission.
20)
Oversees the process of implementation of this Code by Precinct Electoral
Commissions;
21)
Applies to competent state bodies in the event of violation of this code;
22)
Performs other powers envisaged by this Code.
Article 43: Powers of the Precinct Electoral
Commissions
1.
The Precinct Electoral Commission
1)
controls the means of the state budget allocated to it for the preparation and
conduct of elections;
2)
Organizes the voting, summarizes its results at the precinct and submits them
to the Territorial Electoral Commission;
3)
Resolves the issue of disputed ballots by a vote;
4)
Creates conditions for the free conduct of elections at the precinct, ensures
the procedure for voting established by this Code;
5)
Applies to competent state bodies in the event of violation of this code;
6)
Implements other powers envisaged by this code;
2.
Precinct Electoral Commissions operate on the basis of regulations adopted by
the Central Electoral Commission.
Article 44: Submission and Receipt of Election
Documentation at Electoral Commissions
1.
Election documentation are submitted and received in the electoral commissions
by making records in registers, with the signatures of the submitting and
receiving persons, and by issuing a receipt.
2.
For preparation and conduct of elections electoral commissions are supplied
with ballots, forms, other documentation, stationery, and other materials – the
responsible person for their receipt, transfer and preservation being the
Chairmen of relevant electoral commissions.
3.
After the summarization of election results and compilation of relevant
protocols, all election documents are immediately transferred from precincts
accompanied by the Chairman or the Vice-Chairman of the Precinct Electoral
Commission to the Territorial Electoral Commission.
4.
All the election documentation, with the exception of the documentation on
elections of the local self-governing bodies, after the final summarization of
election results are transferred from Territorial Electoral Commissions to the
Central Electoral Commission. The Central Electoral Commission ensures the
preservation of the above-mentioned documentation, and two months after the
election official results are announced – and in the case of a Court dispute,
after the final decision has been made – submits them to the state archives of
5.
Within 2 months after the announcement of official results of elections to the
local self-governing bodies, – and in the case of a Court dispute, after the
final decision has been made – the Territorial Electoral Commission submits
them to the state archives of
(Amend.
of
Article 45: Cooperation between Electoral
Commissions and the Law Enforcement Bodies
The
national and regional bodies of the Ministry of Interior Affairs and National
Security, their services and subdivisions shall ensure the natural course for
conducting the elections, the unhindered activity of electoral commissions and
their members, and support the commissions, upon the commissions’ request, for
the establishment of due order during the events related to elections, as well
as shall ensure the safety of transferring the election documents from Precinct
Electoral Commission to Territorial Electoral Commission.
(Amend. of
SECTION THREE
VOTING
SUMMARIZATION OF THE VOTING RESULTS
CHAPTER TEN
ORGANIZATION OF THE VOTING
Article 46: The Venue and Time of the Voting
The
voting is held at the precinct centers from
Article 47: The Room for Voting
1.
The voting is held in a room furnished for that purpose on the basis of one
room per one precinct.
2.
The room for voting shall be as spacious building as possible and meet the
following requirements:
1)
During the entire voting process, create conditions for orderly concurrent work
for all members of the Precinct Electoral Commission and all persons who have
the right to be present at the voting.
2)
Enable all the members of electoral commission, proxies, and observers to have
within their sight the voting booths, the ballot box, as well as the entrance
and exit of the voting booths, and the area between them and the ballot box.
3.
The furnishing of the room for voting ends at least 24 hours prior to the
beginning of the voting.
(Amend.
of
Article 48: Voting Booths (Rooms)
1.
Voting booth (Room – hereinafter, voting booth) shall be furnished in a way, so
that the citizens can fill in the ballots privately from the persons present at
the precinct center.
2.
A table shall be installed in the voting booth with a pen on it. The voting
booth shall have sufficiently lighting.
3.
Booths are furnished for voting, at least one booth or one room for each 750
voters.
4.
Voting booths shall be situated in the area between the tables for handing out
the ballots and the ballot box.
Article 49: Ballots, Ballot Box, and Seals of
Electoral Commissions
1.
The Central Electoral Commission approves the specimens of ballots, ballot
boxes and seals of the electoral commissions. The ballot box may be made of
transparent material. During the voting each citizen gets equal number of
ballots.
2.
In the event of holding different elections simultaneously the ballots are
prepared in a manner, so that they obviously differ from each other.
3.
The Central Electoral Commission establishes the form of the ballot and the
text on it. The ballots shall be printed on non- transparent paper.
4.
Deleted (Amend. of
5.
Each ballot shall contain a note on the procedure for marking the ballot.
6.
The line "against all" shall be written after the candidates (names
of parties) in the ballot, with a rectangle on the right, for making the mark.
7.
Ballot papers are issued not earlier than 9 and not later than 3 days prior to
the voting day.
8.
The seals of electoral commissions are prepared by the order of the Central
Electoral Commission, according to the specimen approved by the Central
Electoral Commission.
9.
The seals of Precinct Electoral Commissions shall have four-digit numbers.
10.
The Central Electoral Commission wraps the seals of Precinct Electoral
Commissions in non-transparent parcels, seals them without making any marks on
them, and not earlier than five days and not later than three days prior to the
day of voting hands them out to Territorial Electoral Commissions, counting
solely the number of the seals given away, on the principle of one precinct –
one seal.
11.
The parcels are numbered and sealed in the Territorial Electoral Commission. On
the day prior to the day of voting, the Territorial Electoral Commission gives
the parcels to the Chairmen of Precinct Electoral Commissions, one packed seal
to each.
12.
Within fifteen days after the day of voting, Chairmen of the Territorial
Electoral Commissions, return the seals, according to the procedure established
by the Central Electoral Commission.
(Amend.
of
Article 50: Preparation for Voting
1.
The Precinct Electoral Commissions are in charge of preparing the voting.
2.
The Chairman of the Precinct Electoral Commission shall ensure the
implementation of the requirements envisaged by this Code during the voting,
and to establish a good order at the precinct center.
3.
Tables for registration of voters, handing out ballot to voters, sealing the
ballots, and for the conduct of oversight on the ballot, shall be installed at
precinct centers.
4.
The ballot box is installed in a place visible for the persons authorized to be
present at the precinct.
5.
The Precinct Electoral Commission shall install a signboard at the precinct
center or at the entrance of the precinct center, with ballots specimen filled
in.
6.
On the day of voting, the electoral lists of the parties nominated for the
National Assembly proportional elections, shall be displayed in a visible place
at the precinct.
Article 51: Organization of Voting in Diplomatic
and Consular Missions
Citizens
of the
Article 52: Organization of Voting for Arrested and
Detained Citizens
1.
The arrested citizens participate in elections at the precinct organized at the
place of their registration. The procedure for participation in the elections
of arrested citizens is established by the Central Electoral Commission.
2.
The heads of the institutions that have the authority to keep detainees,
prepare, organize and conduct elections in the procedure established by this
Code and the Central Electoral Commission.
CHAPTER ELEVEN
VOTING PROCEDURE
Article 53: Beginning of the Voting
1.
On the day prior to the day of voting the Precinct Electoral Commission selects
at its session, by drawing a lot, the three members in charge of signing the
ballots, who then have to sign all the ballots until 12:00 a.m. (the signatures
are put on the back side of the ballot) making an appropriate note in the
register. The signed ballots and the seal package are kept in a special
fire-proof safe. The procedure of preservation of ballots is determined by
Central Electoral Commission.
2.
At 7:00 a.m. on the voting day, the Precinct Electoral Commission identifies at
its session, by drawing a lot, the members to register the citizens (one member
per 1,000 voters), to give out the ballot papers (one member per 1000 voters),
one member to stamp the ballot papers and one member to be responsible for the
ballot box, as well as decides on the timetable of their shifts. The Chairman
and the Vice-Chairman of the commission do not participate in the drawing. They
may substitute other members of the commission during their temporary absence.
3.
At 8:00 a.m. on the voting day, the Chairman of the Precinct Electoral
Commission declares the precinct open, afterwards, in the presence of the
commission members (persons authorized to be present at the voting can also be
present) he/she opens the fireproof safe, takes out the ballot papers and the
packed seal, opens the packed seal, verifies that the ballot box is empty, closes
and seals the ballot box, submits the counted ballots to the persons
responsible for handing out the ballots, and the voter lists – to the persons
responsible for the voter registration, and addresses of residential buildings
included in the precinct- to the person responsible for sealing the ballot
papers, making relevant notes in the registry.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 54: Access to the
1.
The military and the servicemen of the Ministry of Internal Affairs and
National Security enter the precinct center not in a marching line, unarmed.
Access to the precinct centers with arms and ammunition is prohibited, with the
exception of cases of endangering the normal course of the elections. In those
cases the Chairman or the Vice-Chairman of the Precinct Electoral Commission
permits the entry into the precinct center.
2.
Apart from the members of Precinct Electoral Commission and the voters,
candidates’ proxies, observers, representatives of mass media and members of
superior electoral commissions can be present at the precinct center.
3.
After having voted the voter shall promptly leave the
precinct center.
4.
In order to ensure the normal course of the voting the Chairman has the right
to allow the voters to enter the voting room one by one. Not more than fifteen
voters can be present in the voting room simultaneously.
Article 55: Registration of Voters
1.
Every voter having arrived for voting is registered in the list, by the
commission member responsible for registration.
2.
The commission member responsible for the registration verifies the
identification documents, finds his/her first name, patronymic, last name and
the consecutive number in the voter list, fills in the data of the
identification documents in the voter list, and the voter signs in front of the
data. In case if the voter cannot independently sign in the voter list, he/she
has the right to apply for getting assistance from another citizen, with the
exception of the members of the commission and proxies.
3.
Passport, document replacing the passport, the military certificate for the
military officers and servicemen, and for other militaries – the military
document, are the identification documents.
(Amend.
of
1.
Immediately after the registration, the member of the commission responsible
for allocation of the ballots to the voters, hands the ballot out to the voter.
2.
The member of the commission, responsible for sealing the ballots, verifies
that the voter is registered in that particular precinct, seals them. The seal
shall not come out of the limits of the ballot.
3.
The voter marks the ballot in privacy in the voting booth or the room. The
presence of any other person in the voting booth or room while the ballot is
being marked is forbidden.
4.
In case the voter feels that he/she has marked the ballot wrongly, he/she can
apply to the Chairman of the Commission, and in case of his absence – to the
Vice-Chairman, to be allocated a new ballot. The commission member allocating a
new ballot makes an appropriate note in front of the name of the voter in the
voter list. The spoilt (damaged) ballot is promptly cancelled, upon which an
appropriate protocol is compiled.
5.
On the voting day, the voter has no right to announce in the
(Amend.
of
Article 57: Procedure for marking the Ballot
1.
The voter makes a note identical to one approved by the Central Electoral
Commission in the ballot in front of the name of the candidate (party), whom
he/she is voting for. If the voter is against all the candidates (parties),
he/she makes a note on the line "I'M AGAINST ALL", after the names of
candidates (parties).
2.
When voting for one candidate (party), the voter makes a note in front of the
words "I'M FOR", if he/she votes for, and in front of the words
"I'M AGAINST", if he/she votes against.
3.
Citizens, who are unable to fill in the ballot independently, have the right to
invite another person into the voting booth, who shall not be a proxy or a
member of the electoral commission. Except for the above-mentioned case, the
presence of other persons in the voting booth while filling in the ballot is
prohibited.
4.
The voter comes out of the voting booth with his filled-out ballot folder four
times and approaches the ballot box. The person responsible for the ballot box
opens the ballot box slot and allows the voter to drop his/her ballot paper
into the ballot box.
5.
During the voting, all cases of violation of the voting procedure established
by this Code, upon the request of two members of the commission or two proxies,
as well as all the decisions of the Precinct Electoral Commission are recorded
in the register.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
1.
Ballots containing votes for more than one candidate (party), ballots
containing notes supporting one candidate (party) and at the same time in the
"I'M AGAINST ALL" line, in case when one candidate (party) is
running, and there are notes in front of both "I'M FOR" and "I'M
AGAINST" words, ballots without any notes, ballots with unnecessary notes
and remarks are considered as invalid.
2.
Unsealed and unsigned ballots are considered as invalid.
3.
The electoral commission settles the matter of disputable ballots by means of
voting.
4.
Ballots containing notes (marks) that are different from ones approved by the
Central Electoral Commission are considered invalid.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 59: Ballots of Not Approved specimen
1.
Ballots differing from the approved specimen are considered as not
corresponding to the approved specimens.
2.
The electoral commission settles the matter of disputable ballots by means of
voting.
3.
When the results of elections are summed up, ballots of not approved specimen
will not be taken into account.
(Amend. of March 23, 1999 LA-286).
CHAPTER TWELVE
SUMMARIZATION OF THE ELECTION RESULTS,
PROCEDURE FOR DETERMINING THE INACCURACIES
Article 60: Procedure for Summarization of the
Results of Voting and Determining the Inaccuracies at
Precincts
1.
The Chairman of the Precinct Electoral Commission bans the access of voters to
the precinct center at 8:00 p.m., enables the voters at the precinct center to
vote, closes the ballot box slot, invites asks all the persons not entitled to
attend the sessions of the Precinct Electoral Commission out, and closes the
precinct center. After these steps are performed the Precinct Electoral
Commission starts the session for summarization of the voting results.
For
that purpose:
1)
Unused ballots, wrongly marked by voters ballots and
returned ballots are counted, cancelled in the procedure established by the
Central Electoral Commission, and sealed;
2)
The total number of voters is counted based on voter lists;
3)
The number of voters that have received ballots, based on the signatures
available in the voter lists is counted; afterwards the above-mentioned lists
are sealed.
Appropriate
protocols are produced in the registers with the results of sub-clauses 1-3;
4)
The ballot box is opened.
2.
The Chairman of the commission takes one ballot out of the ballot box, declares
not approved specimen of the ballot, the validity or invalidity of the ballot,
and in case the ballot is valid ballot – also who it is voted for. Upon request
he/she shall pass the ballot to the other members of the commission. In case a
commission member disagrees with the opinion of the Chairman, he/she submits an
objection. It is put to vote. In the event of the objection, based on the
voting results, and in case of no objection, in accordance with his/her
statement the Chairman puts the ballot in the pack of ballots for the
particular candidate (party), "against all", "invalid" or
"not approved specimen" ballots, after which takes the next ballot
out of the ballot box. This action is repeated for all the ballots available in
the ballot box. During the implementation of the assortment of the ballots the
members of the commission are banned from making notes, as well as having pens,
pencils or other objects for making notes.
3.
After the assortment of all the ballots available in the ballot box the
Chairman, in the presence of the members of the commission, one by one counts
the invalid ballots, ballots with votes against all, as well as the votes given
for each candidate (party) Based on the results, the total number of valid
ballots of approved specimen and of votes given for the candidates is counted.
The counted and assorted ballots are wrapped and sealed, in the procedure
established by the Central Electoral Commission.
4.
Afterwards the Precinct Electoral Commission, based on the data of the precinct
summarization protocol, compiles a protocol on the amount of inaccuracies. The
commission decides the amount of inaccuracies in the following way:
1)
Compares the number of ballots signed in conformity with procedures established
by Clause 1, Article 53 of the Code, with the total number of the ballots in
the ballot box and the cancelled ballots. The difference with the absolute
value of the figure is noted as the amount of first inaccuracy;
2)
Compares the number of signatures in the voter lists with the number of the
ballots in the ballot box. The difference in absolute number is noted as the
amount of second inaccuracy;
3)
The amounts of inaccuracies mentioned in sub-points one and two of this point
are added. The total is the amount of inaccuracies at that precinct;
5.
Every operation mentioned in the Clauses 3-4 of this Article shall be conducted
in sequence, each one after the previous one is accomplished and the
appropriate protocol is made in the register. According to Article 61 of this
Code two protocols, each in two copies, are created for above mentioned
actions. A copy of each protocol is packed and sealed together with documents
serving as a basis.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 61: Precinct Protocols
1.
The voting results are summed up by the following two protocols:
Protocol
Number 1
About
the Summary Results of the Voting
1)
The total number of voters according to voter lists;
2)
The number of ballot papers signed in conformity procedures established by
Clause 1, Article 53 of the Code (A);
3)
The number of registered voters, who have received ballot papers, according to
the signatures (B);
4)
The number of ballot papers cancelled by the commission (C);
5)
The total number of ballots in the ballot box (D).
a)
the number of valid ballots in the ballot box;
b)
the number of invalid ballots in the ballot box;
6)
The number of the ballots cast against all candidates (parties);
7)
The number of votes cast for each candidate (party);
8)
The total number of votes cast for candidates (parties).
Protocol
Number 2
On
the Size of Discrepancies
1)
The number of ballots signed in conformity with procedures established by
Article 53 (1) of the Code (A).
2)
The number of registered voters, who have received ballots, according to the
signatures (B).
3)
The number of ballots cancelled by the commission (C);
4)
The total number of ballots in the ballot box (D);
5)
The size of the first discrepancy /A-D-C/.
6)
The size of the second discrepancy /B-D/.
7)
The total size of discrepancies /A-D-C/+/B-D/.
2.
The figures, that are counted and registered in the protocol, are declared
loudly.
3.
The protocols are signed by the members of the commission attending the
session; it is sealed by the Chairman of the commission. If
any member of the commission has a special opinion on the data of the protocol,
he/she makes a remark next to his/her signature and submits his/her written
opinion, which is attached to the protocol.
4.
If a member of the commission refuses to sign the protocol, a protocol thereof
is compiled and attached to the summarization protocol of the voting results.
5.
From the end of the voting until the compilation of the protocol on the
inaccuracies, the session of the Precinct Electoral Commission cannot be
interrupted.
6.
At the end of the session, but not later than 12 hours after the end of the
elections, the Chairman of the commission publishes the results of the voting.
7.
Upon the request of the proxy of a candidate (party) or an observer they are
provided with copies of the Precinct summarization protocol, ratified by the
signature of the Chairman of the commission or the Secretary and the seal of
the commission.
8.
Copies of the summarization protocol and the protocol on the inaccuracies are
displayed at the precinct center, in a visible place. The Chairman of the
Precinct Electoral Commission submits within no more than 14 hours after the
end of elections one copy of the summary protocol and the protocol on the
discrepancies, the seal, the register and the sealed package of ballots to the
Chairman of the appropriate Territorial Electoral Commission, in conformity
with procedures established by the Central Electoral Commission.
(Amend.
of
Article 62: Procedure for Summarization of the
Precinct Summarization Protocols at the Territorial
Electoral
Commissions
1.
Based on the summarization protocols of Precinct Electoral Commissions, the
Territorial Electoral Commission summarizes the preliminary results of the
elections in the constituency, the number of votes cast for each candidates and
parties in the constituency, the total turn-out, and the amount of
inaccuracies.
2.
Not later than within 18 hours after the voting has been completed, the
preliminary results of elections are recorded, published by the Chairman of the
Territorial Electoral Commission, and are officially forwarded to the Central
Electoral Commission.
3.
Not later than within 48 hours after the completion of voting, and in case of
complaints in the Court, or Territorial Electoral Commission on the results of
voting in the precincts – not later than in 5 days, the Territorial Electoral
Commission compiles summarization protocols of the election results in the
constituency, entering:
1)
The total number of voters by voter lists;
2)
The number of ballots signed in conformity with procedures established by
Clause 1, Article 53 of the Code (A);
3)
The number of the registered voters, who have received ballots, according to
the signatures (B);
4)
The number of ballots cancelled by the commission (C);
5)
The total number of the ballots in the ballot box;
a)
The number of valid ballots in the ballot box;
b)
The number of invalid ballots in the ballot box;
6)
The number of the ballots cast against all candidates (parties);
7)
The number of votes cast for each candidate (party);
8)
The total number of votes cast for candidates (parties);
9)
The size of discrepancies.
4.
The summarization protocols of the election in the constituency are signed by
the members of the commission attending the session; it is sealed by the
Chairman of the commission. If any member of the commission
has a special opinion on the data of the protocol, he/she makes a remark next
to his/her signature and submits his/her written opinion, which is attached to
the protocol.
5.
If a member of the commission refuses to sign the protocol, a protocol thereof
is compiled, which is attached to the summarization protocol of the final
results of elections in the constituency.
6.
The summarization protocol is signed by the members of the commission attending
the session; it is sealed by the Chairman of the commission.
7.
The results of elections in the constituency are made public, and the Chairman
of the Territorial Electoral Commission submits one copy of the relevant
protocol together with all the election documentation left in the Territorial
Electoral Commission to the Central Electoral Commission.
8.
Upon the request of the proxy of a candidate or an observer, they are given
copies of the summarization protocol of the elections in the constituency, on
the election results in the constituency, which has to be ratified by the
signature of the Chairman of the commission or the Secretary and the seal of
the commission.
9.
During national elections the Territorial Electoral Commission, after voting is
completed, has to report to the Central Electoral Commission, at least every
three hours, the current election results by Precincts.
10.
Upon the written request of the member of the Precinct Electoral Commission who
has submitted special opinion or the proxy of the candidate (party), the
Territorial Electoral Commission verifies the conformity of the precinct
summarization protocols of the relevant precinct with the factual results of
the elections. The members of the relevant precinct commission – authors of the
special opinion made during the compilation of the precinct summarization
protocol, Chairman of that commission, candidates (parties) and proxies can
participate in verifications.
(Amend.
of
Article 63: Procedure for the Summarization of the
Election Results at the Central Electoral Commission
1.
Based on the preliminary results of elections received from the Territorial
Electoral Commissions the Central Electoral Commission, not later than 28 hours
after the completion of voting announces the preliminary results of elections,
the number of votes cast for each of the candidates and parties, the total
number of the voters and the amount of inaccuracies.
2.
Until the announcement of the preliminary results of the elections the session
of the Central Electoral Commission is not interrupted.
3.
The Central Electoral Commission, whose session can be attended by persons
entitled to be present at the session, based on the complete final results of
the elections in constituencies, not later than within 72 hours after
completion of the voting, and in case of the complaints in the Court, or
Territorial Electoral Commission on the results of voting in the precincts –
not later than in 6 days compiles the summarization protocol of the election,
entering the overall information and that by constituencies:
1)
The total number of the voters by voter lists;
2)
The number of ballots signed in conformity with procedures established by
Clause 1, Article 53 of the Code (A);
3)
The number of the registered voters, who have received ballots, according to
the signatures (B);
4)
The number of ballots cancelled by the commission (C);
5)
The total number of ballots in the ballot box (D)
a)
The number of valid ballots in the ballot box;
b)
The number of invalid ballots in the ballot box;
6)
The number of the ballots cast against all candidates (parties);
7)
The number of votes cast for each candidate (party);
8)
The total number of votes cast for candidates (parties);
9)
The size of discrepancies.
4.
The protocol is signed by the members of the commission attending the session;
it is sealed by the Chairman of the commission.
5.
If any member of the commission has a special opinion on the data of the
protocol, he/she makes a remark next to his/her signature and submits his/her
written opinion, which is attached to the protocol.
6.
If any member of the commission refuses to sign the protocol, a note thereof is
made in the protocol.
7.
Upon the request of the proxy of a candidate (party) or an observer they are
provided with a copy of the summarization protocol on election results ratified
by the signatures of the Chairman and the Vice-Chairman of the commission and
the seal of the commission.
8.
The preliminary summarization protocols of the elections of the President of
the Republic and elections to the National Assembly by proportional system are
compiled within two hours after the voting is completed.
9.
The Chairman of the Central Electoral Commission, or upon his request one of
the members of the commission, after the voting is completed, makes a report on
the public television and public radio, every three hours, on the current
results of the elections of the President of the Republic and the elections to
the National Assembly by proportional system. Within three hours after taking a
decision on the elections of the President of the Republic and the elections to
the National Assembly by proportional system, the Chairman of the Central Electoral
Commission, or upon his request - one of the members of the commission makes a
live report on the public television and public radio on final official results
of the elections.
(Amend. of
PART TWO
SECTION FOUR
ELECTIONS OF THE PRESIDENT OF THE REPUBLIC
CHAPTER THIRTEEN
GENERAL PROVISIONS
1.
During the elections of the President of the Republic the entire territory of
the
2.
The President of the Republic is elected by an absolute majoritarian system,
and in the second round – by a relative majoritarian system.
Article 65: Requirements for Candidate of the
President of the Republic
1.
In accordance with Article 50 of the Constitution anyone, who has attained the
age of thirty-five years, who has been citizen of the
2.
The same person cannot be elected to the office of the President of the
Republic for more than two successive terms.
CHAPTER FOURTEEN
NOMINATION AND REGISTRATION OF THE CANDIDATE
FOR THE PRESIDENT OF THE REPUBLIC
Article 66: The Right to Nominate a Candidate for the
President of the Republic
In
the procedure established by Articles 67-69 of this Code, parties and citizens
have the right to nominate a Candidate for the President of the Republic.
Article 67: Nomination of the Candidate for the
President of the Republic by Parties
1.
A party nominates a candidate for the President of the Republic by the decision
ratified by permanently functioning bodies of parties-members of the alliance.
An alliance of parties nominates a presidential candidate by the decision
ratified by permanently functioning bodies of its member parties.
2.
In the event of the support of the same person’s candidature by different
parties, party alliances can be set up.
3.
Party alliances can be set up in the event of the union of at least two parties
supporting the candidature of the same person.
4.
In the period of the elections, parties, within a party alliance, cannot join
other party alliances.
5.
The decision on joining a party alliance is made by the permanently functioning
body of the party.
6.
The party alliance is registered in the Central Electoral Commission not later
than within three days after the submission of the decision of the permanently
functioning body of the parties. Each party has the right to nominate one
candidate for the President of the Republic.
7.
The decision of the permanently functioning body of the party on the nomination
of a candidate for the President of the Republic, the decision ratified by
permanently functioning bodies of parties-members of the alliance shall include
the following data of the candidate nominated:
1)
Last name, first name, patronymic;
2)
The year, month and date of birth;
3)
Place of residence;
4)
Place of work and position (occupation);
5)
Party affiliation;
6)
Passport number;
7)
Declaration about his/her private property and his/her and his/her family
members’ income for the last one year.
8.
Together with the submission of the party’s decision on the nomination of a
candidate for the President of the Republic to the Central Electoral Commission,
the charter of the party, which has nominated a candidate for the President of
the Republic is also submitted (in the event of the party alliance – the
charters of al the parties in the alliance).
9.
The permanently functioning supreme body (permanently functioning bodies of
parties-members of the alliance, on behalf of the alliance of a party) submits
to the Central Electoral Commission data of one plenipotentiary representatives
for registration (last name, first name, patronymic, date of birth, passport
number, place of work and position (occupation).
10.
The party shall submit the documents on the nomination of a candidate for the
President of the Republic mentioned in the points two and three of this Article
and data on plenipotentiary representatives to the Central.
Electoral
Commission within the term, established in point one of Article 89 of this
Code.
11.
The Central Electoral Commission ascertaining the validity of the submitted
documents, within five days after the expiration of the term of supporting the
nomination gives to the party (party alliance) in the person of their
plenipotentiary representatives registered with the Central Electoral
Commission, the official papers supporting the nomination of a candidate for
the President of the Republic. A protocol on the allocation of the official
papers supporting the nomination is compiled.
A
candidate for the President of the Republic is considered as nominated, if at
least 35,000 citizens have supported his nomination by signing in the official
papers supporting the nomination.
(Amend.
of
Article 68: Nomination of the Candidate for the
President of the Republic by Citizens
1.
At least 100 citizens of the
2.
The initiative group applies in writing to the Central Electoral Commission,
with a request for registration, and to this end, besides the application,
submits the decision of the meeting on the nomination of a candidate for the
President of the Republic, as well as data for two plenipotentiary
representatives of the initiative group, as mentioned in Article 67 of this
Code and the letters of attorney, as established by the law.
3.
The decision of the meeting of the initiative group shall contain the data
about the nomination for the candidate for the President of the Republic,
mentioned in point seven of Article 67 of this code, as well as the last names,
first names, patronymic, dates of birth, identification document numbers,
places of residence and signatures of the members of the initiative group. The
registering Electoral Commission verifies within two days the legality of lists
of the initiative group, in conformity with procedures established by the Central
Electoral Commission.
4.
Upon the submission of the required documents to the Central Electoral
Commission the plenipotentiary representatives of the initiative group are
handed the official papers on the support of the nomination in the procedure and
dates established in point eleven of Article 67 of this code.
5.
Each initiative group has the right to nominate one candidate for the President
of the Republic.
(Amend.
of
Article 69: Procedure for Collecting Signatures in
Official Papers for Supporting the Nomination of Candidates for the President
of the Republic
1.
Each official paper supporting the nomination of the candidate for the
President of the Republic shall contain the last name, first name, patronymic,
year, month and date of birth, place of residence, place of work and position
(occupation) of the nominated candidate.
2.
The official paper of the support of the presidential nominee is a numbered
booklet printed in a printing house, containing 500 numbered lines for the
citizens’ last name, first name, patronymic, place of residence, where the
voter is registered, identification document number and the signature. The
number of the booklet is mentioned on each page of the official paper.
3.
A separate line is set at the bottom of each page of the official paper for the
support, for the last name, first name, place of registered residence, passport
number and signature of the person responsible for collection of signatures.
4.
A separate line is set at the bottom of each page of the official paper for the
support for the signature of the person, who has received the official paper of
support from the Central Electoral Commission.
5.
The plenipotentiary representatives of each party (party alliance) or the
initiative group are handed 80 official papers for support of the nomination.
6.
Each party or initiative group organizing the nomination of the candidate for
the President of the Republic decides itself on the persons that it trusts to
collect the signatures – giving them a certificate.
7.
Every citizen personally signs in the official paper of support.
8.
For the purpose of collecting signatures it is prohibited to give (promise),
personally or through other means, money, bonds, food, goods or render
(promise) services to citizens free of charge.
(Amend.
of
Article 70: Verification of the Validity of
Citizens’ Signatures in the Official Papers for Supporting the Nomination
1.
When receiving the official papers for the support of nomination the Central
Electoral Commission counts the total number of the collected signatures and
gives out a receipt to the person authorized to submit the official papers.
2.
Falsified signatures and signatures belonging to a person without the right to
vote, as well as the signatures of those voters, whose data has been entered
onto the official papers wrongly, are considered as invalid.
3.
The Central Electoral Commission verifies the validity of signatures by a two
per cent selective verification of the actual number of signatures in each
booklet. To this end the Central Electoral Commission:
1)
In the procedure established by itself for drawing a lot receives the numbers
of the two per cent of signatures from the total number of signatures available
in the given booklet. The protocol thereof contains the numbers of signatures
subject to verification in the official paper for the support of each
nomination with the data of the citizen;
2)
As a result of verification a protocol on the invalid signatures shall be
compiled, mentioning the number of the official paper, number of signatures and
the data of citizens;
3)
The relationship of valid and invalid signatures in the two per cent of the
total number of signatures proportionally extends to the total number of
signatures, thus getting the number of valid and invalid signatures within the
total number of signatures. A protocol is compiled on the results of the
verification.
Upon
the request of the candidate or his/her plenipotentiary representative, the
copies of all the protocols on the verification of the validity of signatures
are promptly handed to him/her.
Article 71: The Electoral Deposit of the Nominated
Candidate for the President of the Republic
1.
The candidates nominated for the President of the Republic pay an electoral
deposit to the Central Electoral Commission account, opened in the Central Bank
of the
2.
In the event of receiving less than five per cent of the votes cast for
candidates nominated for the President of the Republic the sum of the electoral
deposit of the candidate is transferred to the state budget.
3.
In the event of recognizing the election as invalid or not held, the sum of the
electoral deposit is returned.
Article 72: Registration of the Candidate Nominated
for the President of the Republic
1.
Each nominated presidential candidate can be registered upon the nomination by
one party or by one initiative group.
2.
The Central Electoral Commission considers the registration of a candidate
nominated for the President of the Republic, if within the term established by
points one and two of Article 89 of this Code the following documents have been
submitted:
1)
Official paper for the support of nomination filled out in the procedure established
by Article 69 of this Code;
2)
The receipt to the citizen nominated to run in Presidential elections, on the
payment of the electoral deposit;
3)
Reference on the citizenship of the
4)
Reference on the permanent residence in the
5)
The written statement of the nominee on the willingness to be registered as a
candidate for the President of the Republic;
6)
The declaration of the citizen nominated to run in Presidential elections on
his/her private property and his/her and his/her family members’ income for the
last one year.
3.
References mentioned in the sub-points three and four, of point two of this
Article are allocated to the citizen nominated for the candidate by the
authorized state body, within three days after the application has been
presented, in the procedure established by the Central Electoral Commission.
4.
Upon the receipt of the documents required for the registration of the
candidate for the President of the Republic by the Central Electoral Commission
and until his registration, the nominee or his plenipotentiary representative is
entitled to attend the session of the Central Electoral Commission, with an
advisory vote.
5.
The Central Electoral Commission publishes the communiqué on the registration
of the candidate for the President of the Republic within three days.
Article 73: Denial to Register the Candidate
nominated to run for Presidency
1.
The Central Electoral Commission denies the registration of a presidential
nominee, if:
1)
The restrictions anticipated by the Constitution of the
2)
As a result of the verification, in the procedure established by this Code, the
number of valid signatures in the official papers for the support of the
nomination of a candidate is less than 35.000;
3)
Documents submitted for registration are falsified.
2.
In the event of objection about the registration of the candidate for the
President of the Republic, the Central Electoral Commission puts the issue to
vote. The registration of a candidate for the President of the Republic is
denied by at least with two-thirds vote of the total number of the commission
members. In case of no objection the candidate is considered registered.
In
the event of the denial in registration for Presidential candidate the sum of
the electoral deposit is transferred to the state budget.
(Amend.
of
Article 74: Recognizing the Registration of the
Candidate Nominated for the President of the Republic as
Invalid
1.
The Central Electoral Commission recognizes the registration of a candidate
nominated for the President of the Republic as invalid, by a decision adopted
with two-thirds vote of the total number of the commission members, if after
the registration, facts are revealed, which extend onto the candidate the
restrictions established by point one of Article 73 of this Code.
2.
In the event of recognizing the registration of the candidate for the President
of the Republic as invalid, the sum of the electoral deposit is transferred to
the state budget.
(Amend.
of
Article 75: Procedure for Appealing the Decisions
on Denial of Registration, or Recognition of the Registration of the Candidate
for the President of the Republic as Invalid
1.
The decision of the Central Electoral Commission on denial of registration or
recognition of the registration of the candidate for the President of the
Republic as invalid can be appealed to the Court within three days after the
day the decision was taken.
2.
Based on the court ruling on recognizing illegal the decision on denial in
registration or recognition of the registration of the candidate for the
President of the Republic invalid – the person is considered registered or
re-registered as a candidate for the President of the Republic.
Article 76: Recognizing the Registration of the
Candidate for the President of the Republic as Out of Force
1.
The registration of a candidate for the President of the Republic shall be
recognized out of force, if he/she:
1)
Does not have the right to vote any more;
2)
Has submitted an application on self-withdrawal;
3)
Has died;
4)
Has violated the requirement set forth in point eight of Article 18 of this
Code;
5)
Has violated the requirement set forth in point seven of Article 25 of this
Code;
2.
In the event registration of a presidential candidate becoming invalid, the sum
of the election deposit (except in the event of the candidate’s death) and the
means left in the campaign fund are transferred to the state budget. In the
case of registration becoming invalid because of the candidate’s death, the sum
of the election deposit is transferred to his/her heirs.
3.
Deleted (Amend. of
4.
Deleted (Amend. of
5.
Deleted (Amend. of
(Amend.
of
CHAPTER FIFTEEN
THE STATUS OF CANDIDATE NOMINATED
FOR THE PRESIDENT OF THE REPUBLIC
Article 77: Equality of the Candidates for the
President of the Republic
Candidates
nominated for the President of the Republic have equal rights and
responsibilities.
Article 78: Rights and Responsibilities of
Candidates for the President of the Republic
1.
From the moment of registration the candidates for the President of the
Republic who are in civil service or work in local self-governing bodies, are
dismissed from the performance of their professional duties during the election
period, and have no right to use the advantage of their office. The President
of the Republic of Armenia, or in conformity with the Constitution of the
Republic of Armenia, the acting President – the Chairman of the National Assembly,
or the Prime Minister – in the event of being nominated as a candidate for the
President of the Republic, continue the performance of their duties, but shall
not use the advantage of their office.
2.
The person registered as a candidate for the President of the Republic shall be
released from military call-ups and training exercises. Within that period the
Central Electoral Commission pays financial compensation to the candidates, in
the amount of their average salary, from the means allocated for organization
and conduct of elections.
3.
It is prohibited to fire a candidate for the President of the Republic,
transfer to another job, or send on a mission trip, on the initiative of the
administration. This term for the candidate is considered as continuation of
the profession of the candidate before he was nominated.
5.
Candidates for the President of the Republic cannot be arrested to criminal or
administrative liability in court order, without the consent of the Central
Electoral Commission. The decision on the mentioned issue is adopted by the
Central Electoral Commission with two-thirds of votes of the total number of
members of the commission.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
CHAPTER SIXTEEN
PRE-ELECTION CAMPAIGN OF THE CANDIDATE
FOR THE PRESIDENT OF THE REPUBLIC
Article 79: The Pre-Election Fund of the Candidate
for the President of the Republic
1.
For the implementation of the pre-election campaign the candidate for the
President of the Republic can set up a pre-election fund on his own name or on
the name of his plenipotentiary representative in the Central Bank of the
2.
The amount of the personal contributions of the candidate to the pre-election
fund shall not exceed the minimum salary for 10,000 times.
3.
The amount of the contributions by the party to the pre-election fund, which has
nominated the candidate, shall not exceed the minimum salary for 30,000 times.
4.
The amount of expenditures by the candidates from their pre-election funds
shall not exceed the minimum salary for 60,000 times.
5.
Each physical person can pay voluntary contributions in the amount of up to 200
times the minimum salary, and each legal person – up to 500 times the minimum
salary.
6.
In the event of being elected as the President of the Republic, as well as in
the event of getting more than 5 percent of votes cast for the candidate, the
sum of the electoral deposit is paid back; after the election, within one month
of the official publication of the election results, the means left in the
pre-election fund are used for charitable purposes. After the expiration of one
month the means left in the pre-election fund of the candidate are transferred
to the state budget.
7.
In the event of receiving less than 5 percent of the votes cast for the
candidate, the means left in the election fund of the candidate for the
President of the Republic and the electoral deposit are transferred to the
state budget.
8.
In the event of recognizing the elections as not held, the sum left in the
pre-election fund after the elections is frozen until the registration of
candidates for the new elections. The candidate registered for a repeated
voting can use the means left in the fund from the previous election.
9.
The candidates registered to run for President of the Republic have the right
to use only the means of their pre-election fund for the pre-election campaign.
10.
If a candidate has used means other than those of the pre-election fund for the
pre-election campaign, the Central Electoral Commission has the right to apply
to the Court, requesting to declare the registration of the candidate out of
force. The court takes a decision within five days and in the period of five
days prior to the elections – immediately. In the event of recognizing the
candidate’s registration as out of force by the resolution of the court, the
candidate’s name is removed from the ballots, in the procedure established by
the Central Electoral Commission.
(Amend.
of March 23, 1999 LA-286; July 31, 2002;, LA-406-P)
Article 80: Record of the Financial Means
1.
Acceptance and usage of budgetary means, contributions made to the pre-election
funds and expenditures, as established by the procedure of the Central
Electoral Commission, is recorded, in conformity with the legislation of the
2.
Deleted (Amend. of
3.
The Precinct Electoral Commission reports on financials expenditures to the
Territorial Electoral Commission within ten days after the elections are
conducted. The Territorial Electoral Commission reports on financial
expenditures to the Central Electoral Commission, within twenty days after the
elections are conducted.
The
Central Electoral Commission reports to the Audit Chamber of the National
Assembly of the
(Amend.
of
Article 81: Pre-Election Campaign of the Candidate
nominated for the President of the Republic
1.
The free of charge and paid pre-election campaign of the candidates for the
President of the Republic on public TV and radio is carried out in the procedure
established by the Central Electoral Commission.
2.
The Central Electoral Commission ensures equal opportunities for candidates for
the President of the Republic for the use of free of charge and paid live
airing time on public TV and public radio.
3.
A candidate nominated to run for the President of the Republic has the right to
use not more than 60 minutes of free airing time on public TV, and not more
than 120 minutes of free airing time on public radio.
4.
A candidate nominated to run for the President of the Republic, or upon his
consent the party or initiative group, that has nominated him have the right to
use the paid airing time on public TV for not more than 120 minutes, and on
public radio - for not more than 180 minutes, at the expenses of the
candidate’s pre-election fund.
5.
Upon the consent of the candidate for the President of the Republic the party
or initiative group, that has nominated him, can also use the airing time.
6.
Deleted (Amend. of
7.
The Central Electoral Commission reimburses to the candidates, who have
received 25 and more per cent of the votes cast in the elections, fifty per
cent of the costs during the pre-election campaign, from its means allocated
for organization and conduct of elections.
(Amend. of
CHAPTER SEVENTEEN
BALLOTS: SUMMARIZATION OF THE ELECTION
RESULTS
1.
Last names of candidates in alphabetical order, first names, patronymic, and
the name of the nominating party, and in the case of nomination by civil
initiative – the words "civil initiative", are entered onto the
ballot for the elections of the President of the Republic.
2.
The ballots for the elections of the President of the Republic are printed and
prepared by the order of the Central Electoral Commission.
The
Central Electoral Commissions hands out the ballots through Territorial
Electoral Commissions to Precinct Electoral Commissions on the day prior to
voting.
3.
Ballots are allocated in the amount of 5 percent more than the number of the
voters in the precinct voter list.
(Amend.
of
Article 83: Summarization of the Election Results
1.
The Central Electoral Commission, based on the results of summarization
protocols of elections in constituencies, in the procedure established by
Article 60 of this Code summarizes the election results, and within the time
frame established in point 3 of Article 63 takes one of the following
decisions:
1)
On the election of the President of the Republic;
2)
On conducting the second round of voting;
3)
On recognizing the election as invalid and on the non-election of President;
4)
On recognizing the election as not held and on the non-election of President.
2.
The disputes over the decision of the Central Electoral Commission on the
results of the elections of the President of the Republic can be appealed to
the Constitutional Court of the
(Amend.
of
Article 84: The Decision of the Central Electoral
Commission on the Election of the President of the Republic
1.
The Central Electoral Commission adopts a decision on electing the President of
the Republic the candidate, who has received more than half of the votes cast
for candidates.
2.
In the event of one candidate running, he/she is considered as elected, if
he/she has received more than half of the votes cast.
Article 85: The Decision of the Central Electoral
Commission on Conducting the Second Round for the Elections of the President of
the Republic
1.
If more than two candidates were running, and none of them has received the
required number of votes, on the fourteenth day after voting the second round
of the election is conducted, with the two candidates having received more
votes to be running in it. If a candidate withdraws in the second round, then
it is the candidate who has received the next highest number of votes in the
first round of the elections who participates in the second round instead of him/her;
if there is no such candidate, then only one candidate runs in the second
round.
2.
The candidate, who has received more votes in the second round, is considered
as elected.
3.
In the event of one candidate running, he/she is considered as elected, if
he/she has received more than half of the votes cast.
(Amend.
of
Article 86: The Decision of the Central Electoral
Commission on Recognizing the Election of the President of the Republic as
Invalid
The
election of the President of the Republic is recognized as invalid, at any
stage, if:
1)
the amount of inaccuracies influencing the number of votes cast for the
candidate has significant impact on election results, i.e. it is impossible to
restore the actual election results and determine the elected candidate;
2)
Such violations of this Code have taken place during the preparation and
conduct of the elections, which could have influenced the result of the
election.
Article 87: The Decision of the Central Electoral
Commission on Recognizing the Election of the President of the Republic as Not
Held
The
election of the President of the Republic is recognized as not held, if:
1)
The only candidate running has not received the required number of votes to be
elected;
2)
The elected candidate has died before the summarization of the election
results.
CHAPTER EIGHTEEN
CONDUCTING THE ELECTIONS
OF THE PRESIDENT OF THE REPUBLIC
Article 88: Time frames for conducting the
Elections of the President of the Republic
1.
The election of the President of the Republic is conducted fifty days prior to
the expiration of the term of powers of the President of the Republic.
2.
The Chairman of the Central Electoral Commission makes a statement on day of
the election of the President of the Republic on public radio and public TV not
later than 100 days prior to the Election Day.
3.
The day of the election of the President of the Republic is declared a day-off.
(Amend.
of
Article 89: Time frames for Nomination and
Registration of the Candidate for the President of the Republic
1.
Documentation required for the nomination of a candidate for the President of
the Republic are submitted to the Central Electoral Commission by a party
(party alliance) or initiative group not earlier than 90 days and not later
than 75 days prior to the election day, until 6:00 p.m.
2.
The process for support of the nomination of a candidate is implemented not
earlier than 70 and not later than 50 days prior to the Election Day, until
4.
If until the last day of the submission of the official lists of support of the
candidates, lists are not submitted for any candidate or are submitted for one
candidate only, the deadline for the submission of the official lists of
support and the registration of the candidates is extended for five days.
Article 90: New Election of the President of the
Republic
1.
If the President of the Republic is not elected as set forth in cases in
Articles 86 and 87 of this Code, on the fortieth day after the voting a new
election is conducted. In this case the new election of the President of the
Republic is held with another nomination of candidates.
2.
In the event of insurmountable obstacles for one of the presidential
candidates, the presidential election is postponed for two weeks. If within
this term the insurmountable obstacles are not overcome or in case of death of
one of the candidates before the voting, new elections are held.
3.
The new election is held on the fortieth day after the obstacles have been
recognized insurmountable.
Article 91: Extraordinary Elections of the
President of the Republic
In
the event of the resignation, death, impossibility of implementation of powers
of the President of the Republic, or his impeachment, by the procedure
established in Article 57 of the Constitution of the
Article 92: Procedure for Conducting New and
Extraordinary Elections of the President of the Republic
1.
The new and extraordinary elections of the President of the Republic are held
in the procedure established by this Code for the regular election.
2.
In cases set forth by the Articles 86 and 87 of this Code, when holding new as
well as extraordinary elections of the President of the Republic at least
20,000 signatures are collected to support of the nomination. For that purpose
50 official papers for the support of the nomination are allocated.
3.
The Chairman of the Central Electoral Commission makes a statement on the day
of the new and extraordinary elections of the President of the Republic, on
public radio and public TV not later than 39 days prior to the Election Day.
(Amend.
of
Article 93: Nomination and Registration of
Candidates for the President of the Republic, Formation of Electoral Precincts
and Precinct centers, Publication of Voter Lists during the new and
Extraordinary Elections of the President of the Republic
1.
Documents required for the nomination of a candidate for the President of the
Republic are submitted to the Central Electoral Commission by a party or an
initiative group not earlier than 36 and not later than 30 days prior to the
Election Day, until
2.
Support of the nomination of a candidate is done not earlier than 28 and not
later than 20 days prior to the Election Day, until
3.
The registration of the candidates is done not earlier than 20 and not later
than 12 days prior to the Election Day.
4.
Electoral precincts and precinct centers are formed at least 25 days prior to
the Election Day. The community leader submits the voter lists to the head of
the institution that administers the building of the precinct center at least
20 days prior to the voting day, who immediately displays them at the precinct
center, in a place visible for all.
(Amend.
of
SECTION FIVE
ELECTIONS TO THE NATIONAL ASSEMBLY
CHAPTER NINETEEN
GENERAL PROVISIONS
Article 94: Composition of the National Assembly
In
accordance with Article 63 of the Constitution of the
Article 95: The Electoral System
1.
Elections to the National Assembly are held by proportional and majoritarian
systems.
2.
75 deputies are elected by proportional system from among the number of
candidates nominated for deputy by lists from one multi-mandate constituency,
covering the entire territory of the Republic.
3.
56 deputies are elected by majoritarian system – one deputy from one
constituency.
(Amend.
of
1.
Every citizen is entitled to one vote at the multi-mandate constituency, and
one vote at the single-mandate constituency.
2.
A citizen can be nominated exclusively by one list and exclusively at one
majoritarian constituency.
Article 97: Requirements for a Candidate for Deputy
1.
In accordance with Article 64 of the Constitution of the Republic of Armenia,
anyone who has attained the age of 25 years, has been a citizen of the Republic
of Armenia for the last five years, has been a permanently residing in the
Republic of Armenia for the last five years and has the right to vote, can be
elected a Deputy.
2.
Members of the Constitutional Court, judges, Ministers, Deputy Ministers, the
Mayor of Yerevan, Deputy Mayor, Governors, Deputy Governors, Community Leaders,
employees of the Ministry of Internal Affairs and National Security, employees
of tax inspection and customs department, employees of the prosecutor’s office,
the military, and the insurance agents (employees of the social security)
cannot be nominated as candidates for deputy to the National Assembly by
majoritarian system. The above-mentioned persons can be registered as
candidates for the deputy of the National Assembly after they resign from the
positions they are holding.
3.
Members of the
(Amend.
of
Deleted. (Amend. of
CHAPTER TWENTY
NOMINATION AND REGISTRATION
OF CANDIDATES FOR DEPUTIES
Article 99: The Right to Nominate a Candidate for
Deputy
1.
Parties and party alliances have the right to nominate candidates for deputies
to the National Assembly by proportional system.
2.
Party alliances can be set up in the event if at least two parties form a
pre-electoral union.
3.
In the period of elections, parties, within a party alliance, cannot join other
party alliances.
4.
The decision on joining a party alliance is made by the permanently functioning
body of the party.
5.
The party alliance is registered in the Central Electoral Commission not later
than within three days after the submission of the decision of the permanently
functioning body of the parties.
6.
Lists of the party alliances are compiled from the separate lists presented by
the each of the parties within the alliance. The order of the candidates in the
party lists of the alliance is decided during the joint consultations of the
parties within the alliance.
7.
In the event of withdrawal of a party from the party alliance the names of
candidates submitted by those parties is withdrawn from the party alliance
list.
8.
Parties registered in the
Article 100: Nomination of Candidates for Deputies
of the National Assembly by Proportional System
1.
Parties present application to the Central Electoral Commission on running in
elections of the National Assembly by proportional system, upon the decision of
their permanently functioning body. Party alliances submit applications to
participate in the National Assembly elections under proportional system to the
Central Electoral Commission upon a decision ratified by the permanently
functioning bodies of member parties.
2.
Each party has the right to nominate only one list of candidates for deputies.
The party within a party alliance has no right to nominate a separate
candidates’ list on its own behalf. Women shall make at least five per cent of
the candidates in the electoral lists presented by a party for the elections to
the National Assembly by proportional system. Non-partisan representatives can
also be included in the electoral lists presented by a party, by proportional
system.
3.
The application of a party on running in the elections of the National Assembly
shall include:
1)
Party charter (in the event of the party alliance – the charters of al the
parties in the alliance), the document on naming the alliance;
2)
Decision of the permanently functioning body of the party on the nomination of
candidates for deputies to the National Assembly by the proportional system,
the list of the candidates, which includes – by consecutive numbers party
affiliation – the last name, first name, patronymic, date of birth, passport
number, place of registered residence, place of work and position (occupation)
of nominated candidates;
3)
Receipt on the payment of the electoral deposit in the amount of 2,500 times
the minimum salary;
4)
References, that the candidates nominated by party lists have been a citizen of
the
5)
References, that the candidates nominated by party lists have been permanently
residing in the
6)
Written statement of the candidates nominated by party lists of their consent
for being registered as candidates for deputies;
7)
Declaration about his/her private property and his/her and his/her family
members’ income for the last one year;
8)
Separate party lists presented by the parties within the alliance.
4.
References mentioned in sub-points 4 and 5 of point 3 of this Article are
allocated to the citizens nominated as candidates, in the procedure established
by the Central Electoral Commission, by the authorized state body within three days
after the application.
5.
For the registration with the Central Electoral Commission the party by the
decision of its permanently functioning body, and the parties’ alliance- by the
decision ratified by the permanently functioning bodies of member parties
submits the data of up to 3 plenipotentiary representatives (last name, first
name, patronymic, date of birth, place of work and position (occupation)).
6.
The Central Electoral Commission in its session making sure of the validity of
the submitted documents decides to issue 70 official papers for the support of
nomination to the party, in the person of its plenipotentiary representatives
registered in the Central Electoral Commission. The Central Electoral
Commission establishes the procedure for the allocation of the official papers
of support.
7.
Deleted. (Amend. of
8.
The sum of the electoral deposit of the party that has received mandates in the
National Assembly by proportional system is returned; the electoral deposit of
the parties that have not received mandates – is transferred to the state
budget.
9.
A party list is considered as nominated, if at least 30,000 citizens have
supported its nomination and expressed their will by signing the official
papers for the support of nomination.
10.
The procedure for collecting signatures in the official papers for the support
of nomination of parties, which have submitted application on participation in
the elections of the National Assembly by proportional system, and the
verification of validity is carried out according to the procedure set forth in
Articles 69-70 of this Code.
11.
In the event of recognizing the elections as invalid, the sum of the electoral
deposit is returned.
(Amend.
of
Article 101: Registration of Party Lists, running
in the Elections of the National Assembly by Proportional System
1.
A party list is considered as registered, if the party submits all required
documents within the determined dates and in compliance with the procedure determined
by the Code, and if at least 30,000 valid signatures are available in the
official papers for the support of its nomination.
2.
In case of objections around the registration of party list, a voting will be
set. If there are no objections, the list is considered registered. The
registration of the party list may be rejected following the decision, taken by
two thirds of the total number of the members of the commission.
3.
The session of the commission discussing the issue of registration of the party
list, can be attended by the plenipotentiary representative of the party.
(Amend.
of March 23, 1999 LA-286)
Article 102: Denial in Registration or Recognition
as Invalid of a Party List and the Candidate on it
1.
Central Electoral Commission denies the registration of a party list if:
1)
In accordance with the procedure of this code, the number of valid signatures
for the support of the nomination of the party is less than 30,000.
2)
Documents submitted for registration are falsified.
2.
Central Electoral Commission denies the registration of a citizen in the party
list, if 1) restrictions set forth by the Code extend onto him/her;
2)
documents submitted for his/her registration are
falsified Central Electoral Commission denies the registration of a citizen in
the party list by at least two/third vote of the total number of its members.
3.
In case of denial of registration of a party list, the sum of electoral deposit
is transferred to the state budget.
4.
Central Electoral Commission declares the registration of the party list
invalid, if the following facts are disclosed after the registration:
1)
restrictions set forth by the Code extend onto the
party list;
2)
Documents submitted for registration are falsified.
5.
Central Electoral Commission declares the registration of a candidate in the
party list invalid, if the following facts are disclosed after the
registration:
1)
restrictions set forth by the Code extend onto the
candidate;
2)
Documents submitted for the registration of the candidate are falsified.
In
the above-mentioned cases, candidate is Deleted of the
party list.
6.
If registration of party list is declared invalid, electoral deposit as well as
all means of pre-electoral fund is transferred to the state budget.
7.
Central Electoral Commission may declare the registration of the party list or
a candidate in the party list invalid by at least two/third vote of the total
number of its members.
8.
The decision of Central Electoral Commission on the denial or recognition as
invalid of the registration of party list or a person in it may be appealed to
Court within three days after it has been taken.
9.
Based on the verdict of Court on recognizing unlawful the decision on the
denial or recognition as invalid of registration of the party list and a citizen
in it, the party list or the citizen in it shall be recognized registered or
re-registered.
(Amend.
of March 23, 1999 LA-286: July 31, 2002 LA-406-P)
Article 103: Recognition of the Registration of the
Party List and the Candidate on it as Out of Force
1.
The registration of a party list shall be recognized as out of force, if:
1)
An application on self-withdrawal has been submitted;
2)
The requirement under point eight of Article 18 of this Code has been violated;
3)
The requirement under point 7 of Article 25 of this Code has been violated.
4)
The party has been dissolved.
2.
A party can submit an application on self-withdrawal to the Central Electoral
Commission not later than ten days prior to voting.
3.
Based on the application on self-withdrawal the registration of the party list
is recognized out of force and its electoral deposit, as well as the means left
in the pre-election fund are transferred to the state budget.
4.
In the event of recognizing the registration of a party list as out of force under
point eight of Article 18 and point seven of Article 25, party’s electoral
deposit and the means left in the pre-election fund are transferred to the
state budget.
5.
The registration of the candidate on a party list is recognized as out of
force, if he/she:
1)
Has submitted an application on self-withdrawal;
2)
Has died;
3)
The requirement under point eight of Article 18 of this Code has been violated;
4)
The requirement under point seven of Article 25 of this Code has been violated;
5)
Does not have the right to vote any more.
(Amend.
of
Article 104: Nomination of Candidates for the
National Assembly Deputies by Parties by Majoritarian System
1.
Parties registered in the
2.
Parties have the right to nominate one candidate at each constituency.
3.
The nomination of candidates by majoritarian system is carried out by the
decision of permanently functioning body of the party by secret vote.
4.
A party can nominate as a candidate also a person, who is not a party member.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 105: Nomination of Candidates for the
National Assembly Deputy by Citizens by Majoritarian System
1.
At least fifty citizens of the
2.
The initiative group applies in writing to the Territorial Electoral Commission
with a request for registration, for which, apart from the application, submits
the decision of the meeting of the initiative group for the nomination of the
candidate for the deputy of the National Assembly, as well as data, in
accordance with Article 67 of this Code, on the two plenipotentiary
representatives of the initiative group, in the manner prescribed by the law.
3.
The decision of the meeting of the initiative group shall contain the last
names, first names, patronymics, dates of birth, identification documents
numbers, place of residence, address and signatures of the members of the
initiative group. The registering Electoral Commission verifies within two days
the legality of lists of the initiative group, in conformity with procedures
established by the central Electoral Commission.
4.
After submitting the necessary documents to the Territorial Electoral
Commission, authorized proxies of candidates will be given 2 official papers
for support of the nomination of candidate, in compliance with the procedure
determined by the Code.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 106: Requirements for Nomination of a
Candidate for the Deputy of the National Assembly by
Majoritarian
System
1.
The decision of the permanently functioning body of the party and the
application (decision) of the initiative group on the nomination of the candidate
for the deputy of the National Assembly by majoritarian system shall include
the constituency number and the following data on the nominated candidate:
1)
Last name, first name, patronymic;
2)
Year, month and date of birth;
3)
Place of registered residence;
4)
Place of work and position (occupation);
5)
Party affiliation;
6)
Declaration about his/her private property and his/her and his/her family
members’ income for the last one year;
7)
Passport number.
2.
Together with the submission to the Territorial Electoral Commission of the
decisions of the permanently functioning body of the party and of the
initiative group on the nomination of the candidate for the deputy of the
National Assembly by the majority system, the written statement of the nominated
candidate on his/her willingness to be registered in the given constituency
shall be submitted.
Article 107: Procedure for Collecting Signatures by
Parties and Citizens for Nomination of the National Assembly Candidates by
Majoritarian System and the Procedure for Verification of their Validity
In
the time frame established by Article 117, parties and citizens receive
official papers for the support of the nomination of the National Assembly
candidates from the relevant Territorial Electoral Commission. For the support
of the nomination signatures of at least 500 voters of the given constituency
shall be collected for the nomination of the given candidate; the signatures
are collected and their validity is verified in accordance with the procedure
established by Articles 69-70 of this Code.
(Amend.
of March 23, 1999 LA-286)
Article 108: Registration of Candidates for Deputy
of the National Assembly Nominated by the Majoritarian System
1.
Candidates for the deputy of the National Assembly nominated by majoritarian
system are registered by the decision of the Territorial Electoral Commission.
2.
At least 45 days prior to the elections to the National Assembly, parties and
initiative groups submit to the Territorial Electoral Commission for
registration of candidates by majoritarian system the following documentation:
1)
At least 500 signatures of voters residing in the given constituency,
confirming the nomination;
2)
receipt on payment of the electoral deposit in the amount of 100 times the
amount of the minimum salary;
3)
Reference on citizenship of the
4)
Reference on permanent residence in the
The
candidate submits the above-mentioned documentation to the Territorial
Electoral Commission by himself/herself or through a plenipotentiary
representative.
3.
In the event of being elected to the National Assembly, as well as receiving
more than five per cent of the votes cast, the electoral deposit is paid back.
4.
The candidate or his/her plenipotentiary representative or the plenipotentiary
representative of the party, which has nominated him/her, has the right to be
present at the session of the commission during the consideration of the
registration of the nomination of the candidate.
The
Territorial Electoral Commission denies the registration of the nominated
candidate, if:
1)
The number of valid votes in the official papers for the support of the
candidacy after the verification is less than 500;
2)
Restrictions set forth by this Code extend onto the citizens nominated for the
candidate;
3)
The documentation submitted for registration is falsified.
5.
In the event of an objection about the registration of the citizen nominated
for the candidate, the issue is put to vote. The registration is denied with at
least two-thirds vote of the total number of the members of the Central
Electoral Commission. In the event of no objection – the candidate is
considered as registered.
6.
In the event of the denial of the registration of the citizen nominated for the
candidate, his/her electoral deposit is paid back.
7.
The Territorial Electoral Commission recognizes the registration of the citizen
nominated for the candidate as invalid, if after the registration the following
facts have been revealed:
1)
The restrictions under this Code extend onto the candidate.
2)
Documents submitted for registration are falsified.
3)
Central Electoral Commission declares the registration of a candidate invalid
by at least two/third vote of the total number of its members.
8.
In the event of recognizing the registration of the candidate as invalid,
his/her electoral deposit and the means left in the pre-election fund are
transferred to the state budget.
9.
The decision of the Territorial Electoral Commission on the denial or
recognizing as invalid the registration of the candidate for the deputy can be
appealed to court within three days after it has been taken.
10.
Based on the judgement of the court on recognizing the decision on the denial
or recognition invalid of the registration of the candidate for the deputy
unlawful, he/she is recognized as registered or re-registered.
(Amend.
of March 23, 1999 LA-286)
Article 109: Recognition as Out of Force of the
Registration of the National Assembly Candidate Nominated by Majoritarian
System
The
registration of the National Assembly candidate by majoritarian system is
recognized as out of force, if he/she:
1)
Has not any more the right to vote;
2)
Has submitted an application on self-withdrawal;
3)
Has died;
4)
Has violated the requirement under point eight of Article 18 of this Code;
5)
Has violated the requirement under point seven of Article 25 of this Code;
2.
In the event of recognizing the registration of a candidate running for the
National Assembly under majoritarian system invalid, the amount of his/her
electoral deposit (except in the case of death) and the means left in the
campaign fund are transferred to the state budget. In the event of recognizing
the registration invalid because of the death, the amount of the election
deposit is transferred to his/her heirs.
3.
Deleted (
4.
Deleted (
(Amend.
of
CHAPTER TWENTY-ONE
STATUS OF THE CANDIDATE FOR DEPUTY
Article 110: Equality of the Candidates for
National Assembly Deputies
Candidates
for deputy have equal rights and responsibilities.
Article 111: Rights, Responsibilities and
Guarantees for Activity of the Candidates for National Assembly Deputies
1.
Those candidates, who are employees of the state and local self-governing
bodies of the
2.
The candidates are released from call-ups, military service and military
training until the official announcement of the election results.
3.
The period of time of candidate’s running in elections is considered as
continuation of his/her professional career.
4.
Candidates have the right to withdraw their candidature not later than 10 days
prior to the voting day. In the event of the withdrawal of the candidacy the
electoral deposit and the means left in the pre-election fund are transferred
to the state budget.
5.
Parties have the right to withdraw their party lists, as well as withdraw any
candidacy registered in the lists by the decision of the permanently
functioning body of the party (by the decision ratified by the permanently
functioning bodies of the alliance member parties), not later than 10 days
prior to the voting day. That decision is immediately submitted to the Central
Electoral Commission. It is forbidden to make any changes in the party
electoral lists after the voting is completed.
6.
Candidates nominated to the National Assembly under majoritarian and
proportional system can be arrested, subjected to administrative or criminal
liability by court order, solely upon the consent of the Central Electoral
Commission. The Central Electoral Commission makes a decision on the above-mentioned
issue by at least two-thirds vote of the total number of the members of the
commission.
(Amend.
of
CHAPTER TWENTY-TWO
PRE-ELECTION CAMPAIGN
DURING THE ELECTIONS TO THE NATIONAL ASSEMBLY
Article 112: The Pre-Election Fund of the Candidate
for Deputy and the Party
1.
The candidate for the deputy and the party that has nominated an electoral list
for the National Assembly proportional elections, for the purpose of conducting
pre-election campaign, can establish a pre-election fund on the name of their
plenipotentiary representative, which is formed from voluntary contributions
set forth in Article 25 of this Code.
2.
A candidate has the right to make a contribution to his/her own pre-election
fund in the amount 1,000 times the minimum salary of the
Party
alliances do not make payments to candidate’s campaign funds.
3.
Each physical person can make a voluntary contribution to pre-electoral funds
of candidates and parties, in the amount of up to fifty times the minimum
salary, and each legal person – up to 150 times the minimum salary.
4.
During the pre-election campaign a candidate has the right to spend an amount
not exceeding 5,000 times the minimum salary, and a party – an amount not
exceeding 60,000 times the minimum salary.
5.
Candidates for deputies of the National Assembly and parties, registered in the
procedure established by this Code to run in the elections of the National
Assembly, for the purpose of conducting pre-election campaign have the right to
use the means of their pre-election funds only.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 113: Pre-Election Campaign
1.
The pre-election campaign during the elections to the National Assembly is
conducted in accordance with the procedure and time frames set forth in
Articles 18-23 of this Code.
2.
Parties running in the elections to the National Assembly, in the period of the
pre-election campaign enjoy the rights established by Article 81 of this Code.
CHAPTER TWENTY-THREE
BALLOTS,
SUMMARIZATION OF THE ELECTION RESULTS
1.
The elections to the National Assembly by the proportional and majoritarian
systems are held with separate ballots.
2.
A ballot for the elections to the National Assembly by proportional system
contains the names of parties (party alliances) in alphabetical order, as well
as the last names, first names, patronymics of the first three candidates on
the list.
3.
Ballots for the elections to the National Assembly by proportional system are
printed by the order of the Central Electoral Commission. The Central Electoral
Commission, through Territorial Electoral Commissions allocates the ballots to
Precinct Electoral Commissions on the day prior to the day of voting. The
ballots shall be of the same color.
4.
A ballot for the elections to the National Assembly by the majoritarian system
contains the last names and the first names, patronymics of the candidates in
alphabetical order, according to the last name, and the names of the nominating
parties and in the event of civil initiative – the words "Civil
initiative".
5.
Ballots for the elections to the National Assembly by majoritarian system are
printed by the order of the Territorial Electoral Commission. The Territorial
Electoral Commission allocates the ballots to Precinct Electoral Commissions on
the day prior to the day of voting.
6.
Ballots shall be of the same color, and differ from the color of the ballots
mentioned in point two of this Article.
7.
The number of ballots allocated shall be 5 percent more, than the number of
voters on the precinct voter lists.
(Amend.
of
Article 115: Summarization of Results of the
National Assembly Proportional Elections
1.
The Central Electoral Commission based on the data of the summarization
protocols in constituencies, in the procedure and time frames established by
Article 63 of this Code summarizes the election results, and takes one of the following
decisions:
1)
On the election of the deputies of the National Assembly by proportional
system;
2)
On recognizing the election to the National Assembly by proportional system as
invalid;
2.
Mandates envisaged for the National Assembly by proportional system are
distributed among those party lists, which have received at least five per cent
of the total of the number of the votes cast for party lists, running in the
elections and the number of inaccuracies. In case only one party has received
the five per cent of the total of the number of the votes cast for party lists
and the number of inaccuracies, the two parties that have received the next
maximum votes participate in the distribution of the mandates. If up to three
parties run in the elections to the National Assembly by proportional system,
then all the parties participate in the distribution of mandates.
3.
Mandates envisaged for the National Assembly by proportional system are
distributed among the party lists – proportional to the votes cast for them.
The counting of the mandates to be distributed to each party list is done as
follows: the number of votes cast for each list is multiplied by the number of
mandates to be allocated to the lists, the result is divided by the total
number of votes cast for the lists participating in the distribution of the
mandates, and the integer numbers are separated, which are the numbers of
mandates to be allocated to each list.
4.
The rest of the mandates are distributed among the lists by the magnitude of
residuals, on the principle of one mandate to each. In the event of the
equality of the magnitude of residuals the disputed mandate is given to the
list, which has received the biggest number of "yes" votes. In the
event of their equality the matter is settled by drawing a lot in accordance
with procedures established by the Central Electoral Commission.
5.
The candidate, whose consecutive number in the list is small or equal to the
number of mandates to be allocated to the given list, is considered elected by
the list.
6.
The mandate to be allocated to the candidate elected by proportional system,
but who has been also elected by majoritarian system, shall be given to the
next candidate on the list.
7.
Elections to the National Assembly by proportional system are recognized as
invalid, if such violations of this Code have taken place during the
preparation and conduct of the elections, which could have influenced the
election results.
8.
Appeals related to disputes over the results of the National Assembly proportional
elections can be adjudicated to the Constitutional Court of the
9.
Re-election will be held not sooner than 10 days and not later than 20 days
after the decision on declaration of National Assembly proportional elections
invalid comes into force, with the same number of parties, in compliance with
the current Code.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 116: Summarization of Results of the National
Assembly Majoritarian Elections
1.
Based on the data of the summarization protocols of voting, in the procedure
and time frames set forth in Article 62 of this Code, the Territorial Electoral
Commission summarizes the election results by constituencies, and takes one of
the following decisions:
1)
On the election of a deputy;
2)
On recognizing the elections of the deputies as invalid;
3)
On recognizing the elections of the deputies as not held;
2.
The candidate, who has received the maximum "yes" votes, is
considered as elected.
3.
In the event if only one candidate runs at the elections, he/she is considered
as elected, if he/she has received more than half of the votes of the
participants in the elections.
4.
In the event if two and more candidates have received maximum equal
"yes" votes, drawing is held among them, to determine the elected
candidate.
5.
The election of the deputies is recognized invalid, if the amount of
inaccuracies influencing the number of votes excludes the possibility to determine
the elected candidate, if in the course of preparation or conduct of elections
such violations of the Code occurred, which might affect the results of
elections.
6.
The election of a deputy is recognized not held, if:
1)
The only candidate running has not received the required number of votes for
being elected;
2)
The elected candidate has died before the election results have been
summarized.
7.
Within two hours after the decision on summarization of the election results
has been made, the Chairman of the Territorial Electoral Commission sends a
report to the Central Electoral Commission.
8.
Appeals related to disputes over the results of the National Assembly
majoritarian elections can be adjudicated to the Constitutional Court of the
9.
Re-elections will be held not sooner than 10 days and not later than 20 days
after the decision on declaration of the election of a candidate invalid comes
into force. In case of recognizing the results of re-voting invalid during
National Assembly elections under majoritarian system, new elections are
conducted not earlier than 30 days and not later than 40 days after that
decision comes into force.
10.
Re-elections will be held not sooner than 30 and not later than 40 days after
the decision on declaration of the election as not held comes into force.
11.
New elections are held with new nomination of candidates and within timeframe
defined for extraordinary elections.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
CHAPTER TWENTY-FOUR
ASSIGNMENT AND CONDUCTING
OF THE NATIONAL ASSEMBLY ELECTIONS
Article 117: Time frames for Assignment and
Conducting of the National Assembly Regular Elections and for Nomination and
Registration of the Candidates
1.
Regular elections to the National Assembly are held within 60 days preceding
the end of its authorities.
2.
The President of the Republic issues a decree on assignment of regular
election, not later than 100 days prior to the day of voting.
3.
Parties submit the documents for nomination of candidates for deputies by
proportional system to the Central Electoral Commission not earlier than 75 and
not later than 70 days prior to the voting day, before 6 PM, and parties
receive the official papers for supporting the nomination from Central
Electoral Commission not sooner than 65 and not later than 60 days prior to the
voting day.
4.
The documentation required for registration is submitted to the Central
Electoral Commission not later than 45 days prior to the voting day, until
5.
The registration of party lists is done not earlier than 40 and not later than
35 days prior to the voting day, until
6.
Documentation on nomination of candidates for deputies of National Assembly by
majoritarian system is submitted to relevant Territorial Electoral Commission
not earlier than 75 and not later than 70 days prior to the voting day, before
6 p.m., and candidates receive official papers for supporting the nomination
from Territorial Electoral Commission not sooner than 65, and not later than 60
days prior to the voting day.
7.
The documentation required for registration of candidates is submitted to the
Territorial Electoral Commission not earlier than 40 and no later than 45 days
prior to the voting day, until
8.
The registration of candidates for deputies of the National Assembly by
majoritarian system is done not earlier than 40 and not later than 35 days
prior to the voting day, until
9.
In the event if official papers of support for one candidate or one party list
are submitted in the dates established by points four and seven of this
Article, those dates, as well as the dates mentioned in the points five and
seven are extended for five days.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 118: Assigning and Conducting By-elections
of the National Assembly
1.
In the event of a vacancy in the National Assembly by the majoritarian system
as a result of early termination of powers of a deputy, by-elections are held
at the relevant constituency.
2.
By-elections of the National Assembly under majoritarian system are held in
accordance with procedures established for regular elections and within 80 days
after a seat becomes vacant.
3.
In the fourth year of the powers of the National Assembly by-elections by
majoritarian system are not held.
4.
By the decision of the Central Electoral Commission the mandate of a deputy
elected by proportional system, whose term of powers has been pre-terminated,
is given to the candidate next on the relevant list, within one week. If there
is no other candidate on the party list, the mandate stays vacant.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 119: Assigning and Conducting Extraordinary
Elections of the National Assembly
1.
Extraordinary elections are held not earlier than 30 and not later than 40 days
after the dissolution of the National Assembly.
2.
The President of the Republic issues a decree on assigning extraordinary
elections together with the decree on the National Assembly’s dissolution.
3.
A party submits the required documentation to the Central Electoral Commission
for nomination of candidates to the National Assembly by proportional system,
not later than 25 days prior to the Election Day, until
4.
The registration of the party lists is done not earlier than 25 and not later
than 20 days prior to the day of voting, until
5.
Documentation required for nomination of candidates by majoritarian system is
submitted to the Territorial Electoral Commission not earlier than 20 and not
later than 15 days prior to the Election Day, until
6.
The registration of candidates for the deputy of the National Assembly by
majoritarian system is done not earlier than 15 and not later than 10 days
prior to the Election Day, until
SECTION SIX
ELECTIONS TO THE LOCAL SELF-GOVERNING BODIES
CHAPTER TWENTY-FIVE
GENERAL PROVISIONS
1.
For the election of the community council multi-mandate majoritarian
constituencies are formed on the territory of the community.
During
community leader elections, a one-mandate majoritarian constituency is formed
in the territory of the community.
2.
The community council comprises of:
1)
Seven members – in a community with a population of up to 3,000 inhabitants;
2)
Ten members – in a community each with a population of 3,001 to 20,000
inhabitants;
3)
Fifteen members – in a community with a population of more than 20,001
inhabitants.
3.
For the election of the community council the territory of the community is
considered:
1)
One multi-mandate majoritarian constituency – in a community of up to 3,000
inhabitants;
2)
Two multi-mandate majoritarian constituencies – in a community of 3,001 to
20,000 inhabitants, each constituency having five mandates. The number of the
population in the community of each constituency shall not exceed 55 percent of
the total number of population of the community;
3)
Three multi-mandate majoritarian constituencies – in a community with over
20,001 inhabitants, each of the number of voters
constituency having five mandates. Up to 5 percent difference is allowed
between the numbers of voters of the community constituencies.
(Amend.
of
Every
citizen has the right to one vote:
1)
At the election of the community leader,
2)
At the election of the council members.
Article 122: Requirements for the Candidates for
Community leader and Council Member
1.
Every citizen of the Republic of Armenia, who has attained the age of 25 years,
has been a resident of the given community in the district communities of the
city of Yerevan- in the city of Yerevan for at least the last one year, and has
the right to vote, as well as persons envisaged by Article 2 of this Code can
be elected as community leader.
2.
Every citizen as well as persons envisaged by article 2 of this Code of the
Republic of Armenia, who has attained the age of 21 year, has been a resident
of the given community in the district communities of the city of Yerevan- in
the city of Yerevan for at least the last one year, and has the right to vote,
can be elected a council member.
3.
Members of the
(Amend.
of
CHAPTER TWENTY-SIX
NOMINATION OF CANDIDATES FOR
COMMUNITY LEADER AND COUNCIL MEMBER
Article 123: Nomination of Candidates for Community
leader and Council Member
1.
Citizens have the right to be nominated as candidates for community leader and
the council member by self- nomination, upon submitting to the relevant
Territorial Electoral Commission an application and a receipt on the payment of
the electoral deposit; in the communities with up to 5,000 voters it makes
fifty times the minimum salary for the community leader, and ten times – for
the council member; in the communities with over 5,000 voters it makes one
hundred times the minimum salary for the community leader, and twenty times –
for the council member
2.
In the event of being elected as the community leader, as well as getting more
than five per cent of votes cast for the candidates, the sum of the electoral
deposit of the candidate is paid back. In the event of getting less than five
per cent of votes, the sum of the electoral deposit is transferred to the state
budget.
3.
In the event of being elected as a council member, as well as getting more than
five per cent of votes cast for the candidates in the constituency, the sum of
the election deposit is paid back. In the event of getting less than five per
cent of votes, the sum of the electoral deposit is transferred to the state
budget.
4.
In the application on self-nomination, the citizen notifies his/her last name,
first name, patronymic, year, month and date of birth, place of registration,
place of work, position (occupation) and party affiliation.
5.
The citizen, who is nominating himself/herself, encloses together with the
submitted application:
1)
Receipt on the payment of the electoral deposit;
2)
Reference on citizenship of the
3)
Reference on being registered in the given community and in the city of
4)
Declaration about his/her private property and his/her and his/her family
members’ income for the last one year.
6.
References mentioned in the sub-points two and three, of point five of this
Article are allocated to the citizen nominating himself/herself for the
candidate by the authorized state body, within three days after the application
has been presented, in the procedure established by the Central Electoral
Commission.
7.
The above-mentioned documentation is submitted by the self-nominating candidate
for the community leader and council member in person or through his/her
plenipotentiary representative.
8.
A candidate for the community leader can be nominated in one community only. A
candidate for the council member can be nominated in one constituency only.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 124: Registration of Candidates for
Community leader and Council Member
1.
Candidates- nominees for the community leader and the council member are
registered by the decision of the Territorial Electoral Commission. The
nominated candidate or his/her plenipotentiary representative has the right to
attend the meeting of the commission during the consideration of the issue of
the registration.
2.
The Territorial Electoral Commission denies the registration, if:
1)
Restrictions anticipated by this Code extend onto the citizen nominated as a
candidate;
2)
The documents submitted for registration have been falsified. In the event of
an objection about the registration of the candidate nominated for the
community leader and the council member, the issue is put to vote.
The
registration is denied with at least two-thirds vote of the members of the
Territorial Electoral Commission. In the event of no objection – the candidate
is considered as registered. In the event of denial of the registration of the
citizen nominated for the community leader and council member, his/her
electoral deposit is paid back.
3.
The Territorial Electoral Commission recognizes the registration of the
candidate nominated for the community leader or the council member as invalid,
if after the registration; facts have been revealed, by the force of which the
restrictions under this Code extend onto the candidate. Territorial Electoral
Commission declares the registration of candidate nominated for the Community
leader or Council Member invalid, by at least two/thirds of the votes of the
total number of its members. In the event of recognizing the registration of
the candidate as invalid, the sum of the electoral deposit and the means in the
pre-election fund are transferred to the state budget.
4.
The decision of the Territorial Electoral Commission on the denial in
registration or recognizing invalid the registration of the candidate nominated
for the community leader or the council member can be appealed to the court
within three days after it has been adopted. He/she is recognized registered or
re-registered by the court decision on recognizing the decision on the denial
in registration or recognizing invalid the registration of the candidate
nominated for the community leader or the council member unlawful.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 125: Recognizing the Registration of
Candidates Nominated for Community leader and Council Member as Out of Force
1.
The registration of the candidate for the community leader and the council
member is recognized as out of force, if he/she:
1)
Has no more the right to vote;
2)
Has submitted an application on self-withdrawal;
3)
Has died;
4)
The requirement under point eight of Article 18 of this code has been violated;
5)
The requirement under point seven of Article 25 of this code has been violated;
2.
The candidate nominated for the community leader or the council member can
submit an application on self-withdrawal to the Territorial Electoral
Commission not later than ten days prior to the voting day.
3.
In the event of recognizing the registration of a candidate for community
leader or council member invalid (except in the event of death), the amount of
his/her electoral deposit and the means left in his/her campaign fund are
transferred to the state budget. In the event of recognizing the registration
invalid because of death, the election deposit is returned to his/her heirs.
4.
Deleted (Amend. of
5.
Deleted (Amend. of
(Amend. of
CHAPTER TWENTY-SEVEN
STATUS OF THE CANDIDATES NOMINATED FOR
COMMUNITY LEADER AND COUNCIL MEMBER
Article 126: Equality of Candidates Nominated for
Community leader and Council Member
Candidates
nominated for the community leader have equal rights and responsibilities.
Candidates nominated for the council member have equal rights and
responsibilities.
Article 127: Guarantees for the Activity of
Candidates Nominated for Community leader and Council Member
A
candidate nominated for the community leader or council member can be arrested
upon the consent of the Territorial Electoral Commission. The Territorial
Electoral Commission makes a final decision on the matter with at least
two-thirds vote of the commission members.
(Amend.
of
CHAPTER TWENTY-EIGHT
PRE-ELECTION CAMPAIGN OF CANDIDATES
NOMINATED FOR COMMUNITY LEADER AND COUNCIL
MEMBER
Article 128: The Pre-Election Fund of Candidates
Nominated for the Community leader and the Council Member
1.
A candidate nominated for the community leader or the council member can
establish a pre-election fund in his/her name or in the name of his/her
plenipotentiary representative, which is formed from
the voluntary contributions mentioned in Article 25 of this Code. Each physical
person can make a contribution to the candidate’s pre-electoral fund up to 25
times the minimum salary, and each legal person – up to 150 times the minimum
salary.
2.
The candidates nominated for the community leader or the council member has the
right to use the means of their pre-election funds only, for the pre-election
campaign.
Article 129: Pre-Election Campaign
Pre-election
campaign for the elections to the local self-governing bodies is conducted in
the procedure and time frames established by Articles 18-23 of this Code.
CHAPTER TWENTY-NINE
BALLOTS,
SUMMARIZATION OF THE ELECTION RESULTS
1.
Elections of the candidates nominated for the community leaders and council
members are held by separate ballots.
2.
The ballot for the election of the community leaders contains the last names,
the first names, patronymics of the candidates in the alphabetical order of the
last name, party affiliation, and if necessary other passport data. The ballots
for the election of the community leaders and the council members are prepared
by the order of the Territorial Electoral Commission. The Territorial Electoral
Commission allocates the ballots to the Precinct Electoral Commissions on the
day prior to the day of voting. Ballots shall be of the same color.
3.
The ballots for the election of the council members contain the last names and
the first names of the candidates in the alphabetical order of the last name,
party affiliation, and if necessary other passport data. Ballots shall be of
the same color and differ from the color of the ballots for the election of the
community leaders.
4.
Ballots are allocated in the amount of five per cent more than the number of
voters on the precinct voter list.
(Amend.
of
Article 131: Procedure for Summarization of the
Election Results
1.
Based on the summarization protocols of the voting results received from
Precinct Electoral Commissions, the Territorial Electoral Commission, at its
session, which can be attended by persons who have the right to be present,
compiles summarization protocols on the election results in the community.
2.
Upon written request of the Precinct Electoral Commission member who has
submitted a special opinion or the proxy of the candidate, the Territorial
Electoral Commission verifies and checks the conformity of the data of the
precinct summarization protocol on the voting results at the relevant precinct,
with the actual voting data. The authors of the special opinion and the
Chairman of the relevant Precinct Electoral Commission can participate in the
verifications.
3.
In case of revealing discrepancies as a result of the verification the
Territorial Electoral Commission compiles verified summarization protocols on
the voting results of the given precinct which are attached to the provisional
protocols of the Precinct Electoral Commission. The members of the commission
attending the session sign the verified protocols. The protocols are stamped by
the Territorial Electoral Commission. If a member of the Territorial Electoral
Commission has a special opinion on the data of the verified protocols, it is
attached to the protocol. A note thereof is made in the protocol next to
his/her signature. If a commission member refuses to sign the verified
protocols, a note thereon is made in the protocol.
(Amend.
of
Article 132: Procedure for Summarization of
Precinct Protocols at the Territorial Electoral Commissions
1.
Summarization protocols of the election results of the candidates for the
community leader and council members are compiled separately.
2.
The summarization protocol of the results of voting shall contain:
1)
Name of the community and the Election Day;
2)
Last names, first names, patronymics of the Territorial Electoral Commission
members attending the session and of the absentees;
3)
Last names, first names, patronymics of the proxies, observers and the
representatives of mass media attending the meeting of Territorial Electoral
Commission, and the names of their organizations;
4)
The total number of citizens included on all the precinct voter lists of the
community;
5)
The total number of the registered citizens;
6)
The total number of the votes cast for each candidate;
7)
The amount of inaccuracies influencing the votes.
Each
datum to be entered in the protocol is read out.
3.
Summarization protocols of the voting results are compiled in the procedure and
time frame established by Article 62.
4.
The members of the Territorial Electoral Commission sign the summarization
protocol of the voting results.
The
protocol is stamped with the stamp of the commission. If the signature of a
commission member is missing, a note thereof is done in the protocol.
(Amend.
of
Article 133: Summarization of the Election Results
of the Candidate Nominated for the Community leader
1.
Based on the data of the summarization protocols of voting results of the
community leader, the Territorial Electoral Commission summarizes the election
results and in accordance with the procedure and time frame established by
Articles 62 of this code, adopts one of the following decisions:
1)
On the election of the community leader;
2)
On recognizing the election of the community leader as invalid;
3)
On recognizing the election of the community leader not held.
2.
The candidate, who has received maximum "yes" votes, is considered as
elected. In case one candidate is running for elections, he/she is considered
as elected, if he/she has received more than half of the votes of the voters.
In the event when candidates running for community leader receive an equal number
of votes, the community leader mandate is decided by drawing a lot in
accordance with procedures established by the Central Electoral Commission.
3.
Elections of the candidate nominated for the community leader are recognized as
invalid, if the amount of the inaccuracies influencing the number of votes
excludes the possibility of determining the elected candidate, or if in the
course of preparation and conduct of elections such violations of the current
Code occurred, that might affect the results of the elections. In the event of
recognizing the election of the community leader as invalid, fourteen days
after the election, in the procedure established by this Code and with the same
composition of candidates repeated voting is held.
4.
The elections of the candidate nominated for the community leader is considered
as not held, if:
1)
The only candidate running has not received the required number of votes for
being elected;
2)
The elected candidate has died before the election results have been summarized;
3)
As a result of the repeated voting, some bases for recognizing the elections of
the community leader as not held have become available.
5.
Within two hours after the decision on the election of the community leader has
been adopted, the Chairman of the Territorial Electoral Commission forwards a
notification to the Central Electoral Commission and the relevant governor.
6.
The decision of the Territorial Electoral Commission on the results of the
elections of the candidate nominated for the community leader can be appealed
to court within three days after it has been adopted.
7.
In the event if the court has ruled to recognize the election of the candidate
nominated for the community leader invalid, fourteen days after the decision
has entered into legal force, repeated voting is held in the procedure
established by this Code, with the same composition of candidates.
8.
Repeated voting with the same composition of candidates can be held only once.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P).Unofficial publication 46
Article 134: Summarization of the Election Results
of the Candidates Nominated for the Council Member
1.
Based on the data of the summarization protocols of the election of the
candidates nominated for the community council members, the Territorial
Electoral Commission sums up the election results, and within five days after
the close of voting makes one of the following decisions:
1)
On the election of the community council members;
2)
On recognizing the election of the community council members as invalid;
3)
On recognizing the election of the community council members as not held.
2.
Election results of the candidates nominated for the community council members
are summarized by multi- mandate majoritarian constituencies, as established in
point three of Article 120 of this Code.
3.
Elections of the candidates nominated for the community council members can be
recognized as invalid or not held according to the multi-mandate majoritarian
constituencies, as established in point three of Article 120.
4.
The first five candidates for the community council members, who have received
the maximum "yes" votes, are considered elected at the given
multi-mandate majoritarian constituency.
5.
The election of the community council members is recognized as invalid, if the
amount of the inaccuracies influencing the number of votes excludes the
possibility of determining the elected candidate, or if in the course of
preparation and conduct of elections such violations of the current Code occurred,
that might affect the results of the elections. In case the election of the
community council members has been recognized invalid, 14 days after the
election repeated voting is held in the procedure established by this Code and
with the same composition of the candidates.
6.
The election of the community council member is considered as not held, if as a
result of the repeated voting; some bases are available for recognizing the
election of the community council member as invalid. In case the election of
candidates nominated for the community council members has been recognized as
invalid by the verdict of the court, 14 days after the verdict has entered into
legal force, repeated voting is held in the procedure established by this Code
and with the same composition of the candidates.
7.
In the event of the equal number of votes received in the election by
candidates nominated for community council member, the distribution of the
mandates is done by drawing a lot in the procedure established by the Central
Electoral Commission.
8.
The Chairman of the Territorial Electoral Commission within two hours after the
decision on the election of the community council members has been adopted,
forwards a report to the Central Electoral Commission and the relevant governor.
9.
The decision of the Territorial Electoral Commission on the election results of
the candidates nominated for the community council members can be appealed to
court with three days after it has been adopted.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
CHAPTER THIRTY
TIME FRAMES AND PROCEDURES FOR ASSIGNING
AND CONDUCT OF THE ELECTIONS
TO THE LOCAL SELF-GOVERNING BODIES
Article 135: Time Frames for Conducting, assigning
of Regular Elections, Nomination and Registration of Candidates
1.
Regular elections to the local self-governing bodies are held not later than 30
days prior to the expiration of the term of powers of the local self-governing
bodies.
2.
The decision on assigning regular elections is taken by the relevant Governor
not later than 60 days prior to the expiration of the term of powers of the
community leader.
3.
The documentation required for the nomination of the candidates is submitted to
the Territorial Electoral Commission not earlier than 30 and not later than 25
days prior to the day of voting, until
4.
The registration of the candidates is done not earlier than 25 and not later
than 20 days prior to the day of voting, until
Article 136: Time frames and Procedures for
Formation of the Multi-Mandate Majoritarian Constituencies
1.
A community with a population of up to 3000 inhabitants is considered as one
multi-mandate majoritarian constituency for the elections to local
self-governing bodies.
2.
The community with a population of more than 3000 inhabitants is divided into
majoritarian constituencies by the relevant Governor (Mayor of Yerevan), upon
the recommendation of the community leader (district head)
3.
The community is divided into multi-mandate majoritarian constituencies not
later than 35 days prior to the day of voting.
Article 137: Assigning and Conduct of New Elections
On
the thirtieth day after the decision of the Territorial Electoral Commission on
recognizing the elections of candidates nominated for the community leader or
council members as not held or after the entry into force of the court verdict,
new elections are held. New elections are held with newly nominated candidates,
in accordance with the procedure established by Article 138 of this code, for
the conduct of the extraordinary elections.
(Amend.
of
Article 138: Assigning and Conducting Extraordinary
Elections
1.
Extraordinary elections for the community leader are held within 30 days after
the vacancy in the office.
2.
Government adopts a decision on assigning the extraordinary elections
simultaneously with the dismissal from the office of the community leader or
early termination of his/her powers.
3.
In the event of reduction of the total number of the community council members
twice as much, extraordinary elections of the community council members are
held within 30 days time.
4.
Documentation required for the nomination of candidates is submitted to the
Territorial Electoral Commission not earlier than 18 and not later than 15 days
prior to the day of voting, until
5.
Registration of candidates is done not earlier than 15 and not later than 12
days prior to the Election Day, until
PART THREE
CHAPTER THIRTY-ONE
LIABILITY FOR VIOLATIONS
OF PROVISIONS OF THIS CODE
Article 139: Liability for violations of provisions
of this Code
Liability
cases, as established by the law, are below:
1)
Registration in the voter lists in more than one precinct, voting more than
once, voting for another person;
2)
Violation by the community leader of the procedures and time frames of
compilation of the voter lists;
3)
Falsification of the official lists of support of the candidates;
4)
Falsification of the voting results;
5)
Concealing the ballots, ballot-stuffing;
6)
Distortion of the elections results on purpose;
7)
Falsification of ballots and the stamps of the electoral commissions;
8)
Falsification of protocols on the election and voting results;
9)
Armed entry into the precinct center (not in the time of professional
activities);
10)
Taking the military in a marching line or with arms
11)
Hindering the normal operation of the electoral commissions on purpose;
12)
Election campaigning on the day of the voting and the day prior to it;
13)
Hindering the free expression of the voters’ will;
14)
Applying forced methods or insulting the member of an electoral commission,
observer, proxy, representative of mass media, member of their initiative
group;
15)
Hindering the election-related functions;
16)
Stealing the ballot boxes;
17)
Hindering the normal operation of electoral activities by members of the
electoral commissions, civil servants, or officers of the local self-governing
bodies;
18)
Coercing the free expression of the voters’ will;
19)
Violating the ballot secrecy;
20)
Publication of the results of public polls on rating of the candidates during
the seven days period prior to the day of voting;
21)
Tearing off or making graffiti on the election posters posted in specially
allocated for this purpose places;
22)
Dissemination of false and libeling information about the candidates or
parties;
23)
Deception of the person, incapable of marking the ballot independently;
24)
Carrying out of pre-election campaign and dissemination of any type of campaign
materials by persons and organizations which don’t have the right to hold
pre-election campaign;
25)
Hindering the normal process of the pre-election campaign;
26)
Dissemination of anonymous printed campaign materials;
27)
Failure to present declaration on the expenditures of the means from the
pre-election fund, by candidates and parties, according to the established
procedure;
28)
Not returning the stamps of the electoral commissions;
29)
Not ensuring equal opportunities for the candidates by the state means of mass
media;
30)
Hindering proxies, observers representatives of mass media to get familiarized
with the specimens of ballots, decisions of electoral commissions, not
submitting the copies of decisions of Electoral Commissions, or not allowing to
make excerpts from them;
31)
Not filling in or not properly filling in the register of electoral
commissions;
(Amend.
of March 23, 1999 LA-286)
CHAPTER THIRTY-TWO
TRANSITIONAL AND CONCLUDING PROVISIONS
Article 140: Terms of Operation of the Current
Central and Regional Electoral Commissions
1.
The current Central Electoral Commission is dissolved and a new Central
Electoral Commission is formed on the 5th day after the law comes into effect.
2.
Within 5 days of its formation, the new Central Electoral Commission creates
majoritarian constituencies for National Assembly.
6.
Regional Electoral Commissions are dissolved on the 15 th
day after the law comes into effect and Territorial Electoral Commissions are
formed.
(Amend.
of March 23, 1999 LA-286; July 31, 2002 LA-406-P)
Article 141: Concluding Provisions
1.
Upon the entry into force of this Code the following laws are out of force:
1)
"Law on the Elections of the Deputies of the National Assembly of the
2)
"Law on the Elections of the President of the
3)
"Law on the Elections to Local Self-Governing Bodies" of 1996,
adopted June 10.
AL-284.
010.0287.23.03.99
THE LAW
OF THE
Adopted by the National Assembly
in
ON
MAKING CHANGES IN AND ADDITIONS TO THE RoA CRIMINAL CODE, THE RoA CODE OF
CRIMINAL PROCEDURE AND THE RoA ADMINISTRATIVE VIOLATIONS CODE
***
Article 1. The wording of
Articles 133, 133 1 and 133 2 of the RoA Criminal Code should be as follows:
"Article 133.
Obstructing the exercise of the right to vote, the operation of the election
commissions or
the exercise of
powers by individuals taking part in the elections
The
obstruction of the exercise by the citizen of the right to vote or of the
operation of the election commissions as well as of the exercise of powers by a
member of the election commission, a member of an initiative group, a nominee
or his proxy, an observer, a representative of a media outlet or by a proxy
authorized by a political party (by an alliance of political parties) shall be
punishable by a fine ranging from 200 to 400 minimum wages.
The
same act that:
1)
have been committed with the threat of damaging the
property,
2)
have been accompanied by violence or by the threat of
using violence,
3)
have been committed with the use of the official
position shall be punishable by imprisonment for up to five years.
Article
133 1 . Rigging the elections or the voting results
The
patently wrong count of ballots cast during the referendum or the elections or
the patently wrong approval of the results of the referendum or of the
elections as well as the rigging of the results of the referendum or of the
elections in any other way shall be punishable by imprisonment from two to five
years.
The
spread of slander about the candidate and/or the political party (the alliance
of the political parties) during the elections with the purpose of misleading
the voters shall be punishable by fine ranging from 300 to 500 minimum wages or
by imprisonment for up to five years".
Article 2. To add new
Articles (133 3 , 133 4 , 133 5 and 133 6 ) to the RoA
Criminal Code "Article 133 3 . The violation of the procedure for
compiling voters’ lists
The
violation (by forging) of the procedure for compiling voters’ lists by the
official responsible for compiling voters’ lists shall be punishable by
imprisonment for up to one year, and the right to hold certain positions or to
engage in certain activities shall be revoked for up to two years, or by fine
of up to 500 minimum wages.
Article
133 4 . Casting a ballot more than once or instead of
another person
Communicating
false data, presenting a forged document or casting a ballot in any other
manner more than once or instead of another person shall be punishable by
imprisonment for up to one year or by fine of up to 500 minimum wages.
Article
135 5 . Obstructing a voter's free expression of his
will
Coercing
a voter to vote for or against any of the candidates or against all the
candidates, to participate in the elections or to refuse from the participation
in the elections that has been done with the threat of causing damage to the
property or by giving a bribe, by violence or by the threat to use violence or
by using a weapon shall be punishable by imprisonment from two to five years or
by fine of up to 500 minimum wages.
Article
133 6 . Violation of secrecy of ballot
***
The sources for official publication is:
Article
133 2 . The spread of slander about
the candidate and/or the political party (the alliance of the political
parties) during the elections.
Coercing
a voter to disclose the result of his vote for the purpose of the violation of
the secrecy of ballot, inspecting (for the purpose of discovering the result of
the vote) a ballot to be cast by a voter, entering the polling-booth (room) as
well as violating the secrecy of ballot in any other manner shall be punishable
by imprisonment for up to two years or by fine ranging from 200 to 500 minimum
wages."
Article 5. The wording of
Articles, 40 1 , 40 3 , 40 4 and 40 5 of the
Administrative Violations Code should be as follows:
"Article
40 1 . Election campaigning on the election day or on
a day preceding it, posing an obstacle to the right to carry on the campaigning
as well as other violations of the established procedure for conducting
election campaigning
Election
campaigning on the election day or on a day preceding it, posing an obstacle to
the right to carry on the campaigning as well as other violations of the
established procedure for conducting election campaigning shall entail an
imposition of a fine ranging from 200 to 500 minimum wages.
Article
40 3 . Non-submittal of declaration concerning the use
of Financial assets from the election fund by the
candidate (by the political party or by the alliance of political parties)
Non-submittal
of declaration concerning the use of financial assets from the election fund by
the candidate (by the political party or by the alliance of political parties)
shall entail an imposition of a fine ranging from 100 to 200 minimum wages.
Article
40 4 . Failure to return the seal of the election
commission
Failure
to return in due time the seal of the election commission on the part of the
person responsible for that shall entail an imposition of a fine ranging from
300 to 500 minimum wages.
Article
40 5 . Entering the polling stations armed
The
entry into the polling station (room, booth) on the polling day by a person
(who has the right to carry a weapon) brandishing a weapon without an official
necessity shall entail an imposition of a fine for up to 500 minimum
wages."
Article 6. The
Administrative Violations Code shall be complemented with Articles, 40 2 , 40 6 , and 40 7 having the following wording:
"Article
40 2 . The obstruction of the proxy’s, election
commission member’s, observer’s or media representative’s inspection of the
election documents and/or the non-issuance of a copy of the protocol of the
election commission
The
obstruction of the proxy’s, election commission member’s, observer’s or media
representative’s inspection (in specified cases and in conformity with the
established procedure) of the election documents and/or the non-issuance of a
copy of the protocol of the election commission shall entail an imposition of a
fine ranging from 100 to 300 minimum wages.
Article
40 6 . Failure to make entries or failure to make
appropriate entries in the paperwork Registry of the election commission
Failure
to make entries or failure to make appropriate entries in the paperwork
Registry of the election commission shall entail an imposition of a fine for up
to 300 minimum wages.
Article
40 7 . The forging of the entries in the official
forms for the support of the candidates’ nomination
The
forging of the entries in the official forms for the support of the candidates’
nomination shall entail an imposition of a fine for up to 500 minimum
wages."
Article 7.
To
replace, in Article 223, the words "people’s judges of the district (city)
people’s courts" with the words "the judges of the courts of the
first instance", whereas the numbers "40 1 ,
40 3 -40 6 " to replace with the "40 1 -40 7 " numbers.
Article 8.
This
Law shall take effect upon the official publication.
This
publication was prepared by the International Foundation for Election Systems
(IFES) through support provided by the DSRO/USAID/Armenia, E&E, U.S. Agency
for International Development, under the terms of Cooperative Agreement No.
111-A-00-00-00168-00. The articles expressed herein are those of the author(s)
and do not necessarily reflect the views of the U.S. Agency for International
Development.
This
publication could be obtained from IFES office.
Address:
Tel:
(374 1) 51-20-51
This
book is not for sale.
Publisher:
"Bavigh" LTD
License No012, issued on