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Article 35
 

Procedures for Formation of the Central Electoral Commission

 

1. The Central Electoral Commission shall be made up of:

1) One member from each party or alliance with a faction in the National Assembly, appointed by a decision of the permanent body of that party or, in the case of alliances, the joint decision of permanent bodies of parties within the alliances, passed by majority vote.

If parties (alliances) fail to nominate their candidates within the time period set by this law for forming the Central Electoral Commission, in accordance with the requirements of sub-paragraph 1 of this Paragraph, then the vacancy in the Commission shall be filled by the appropriate faction;

2) One member appointed by the President of the Republic of Armenia;

3) One member appointed by a decision of the parliamentary group announced as of the first session of the incumbent National Assembly. After National Assembly elections following the adoption of this law, as well as in the case of dissolution of the parliamentary group operating in the National Assembly, the power to appoint a Central Electoral Commission member under this sub-paragraph shall be transferred to the Council of Chairmen of the Republic of Armenia Courts that shall select a

member from among judicial servants.

4) One judicial servant appointed by the Council of Chairman of the Republic of Armenia Courts.

2. The information on the Central Electoral Commission members shall be submitted to the Staff of the President of the Republic of Armenia no earlier than 40 days, but no later than by 18:00, 10 days before the expiration of the Central Electoral Commission’s term. Entities mentioned in Paragraph 1 of this Article shall be notified about the expiration of the Central Electoral Commission’s term by the Chairman of the Central Electoral Commission, no later than 50 days before the expiration date.

The new Central Electoral Commission shall be formed and shall assume its powers on the 60th day after the opening of the new National Assembly’s session.

The new Central Electoral Commission shall be considered formed, if at least two thirds of the total number of its members have been appointed. If the minimum number of Commission members have not been appointed by the deadline for the formation of the Central Electoral Commission, in accordance with the requirements set out in Paragraph 1 of this Article, then they will be appointed by the President of the Republic of Armenia from among judicial servants, until the minimum number is reached.

3. The composition of the Central Electoral Commission shall be approved by a decree of the President of the Republic of Armenia on the basis of nominations made by the entities responsible for forming the Central Electoral Commission, within ten days of submitting the nomination.

4. Revoked

5. Revoked

6. The Central Electoral Commission’s activities shall be directed by the Commission Chairman or, as assigned by him/her, the Deputy Chairman. The Central Electoral Commission’s Chairman, the Deputy Chairman and the Secretary shall be elected by the Central Electoral Commission during at its first session. The Central Electoral Commission’s first session shall be held at 12:00 (noon) on the day the Commission is formed, and it may continue until 24:00. It shall be held in the Central Electoral Commission’s administrative building. The first session shall be chaired by the most senior (in terms of age) member of the Central Electoral Commission.

7. The right to nominate candidates for the position of the Central Electoral Commission Chairman shall belong to members of the Central Electoral Commission.

8. If only one nominee for the position of the Central Electoral Commission Chairman is voted on, then he/she shall be considered elected, if he/she receives more than half of the votes cast.

9. If two nominees for the position of the Central Electoral Commission Chairman are voted on, then the nominee that receives more than half of the votes cast shall be considered elected to the post of the Central Electoral Commission Chairman.

10. If more than two nominees for the position of the Central Electoral Commission Chairman are voted on, and none of them receives more than half of the votes cast, then a second vote shall be held between nominees who received the most votes.

11. If the Central Electoral Commission fails to elect a Chairman during its first session, in accordance with the established procedures, then the Government shall appoint a Chairman, within three days, from among members of the Central Electoral Commission.

12. Elections of the Deputy Chairman and the Secretary of the Central Electoral Commission shall be held in accordance with procedures for election of the Chairman of the Central Electoral Commission as set out in this Article.