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Article 38
 

Procedures for Dismissal of Chairmen, Deputy Chairmen and Secretaries of Electoral Commissions and Early Termination of Commission Members

1. The Chairmen, Deputy Chairmen and Secretaries of electoral commissions may be dismissed by a decision of that commission, if at least two thirds of that commission members vote for that decision. A Chairman of an electoral commission may be dismissed no later than four days before the election day. A new chairman of the commission shall be elected in accordance with procedures set out by this Code, at the same session.

2. An electoral commission member shall be terminated in the following cases:

1) if he/she loses his/her electoral rights;

2) Revoked

3) Revoked

4) Revoked

5) in the event of his/her death;

6) on the grounds described in Article 39, Paragraph 10;

7) on the basis of his/her letter of resignation;

8) in the case of being drafted to the military.

2.1 In the case of early termination of an electoral commission member, a person or an entity that has the power to appoint electoral commission members may not nominate the same person again as the same electoral commission member for a period of three months.

3. In the case of early termination of electoral commission members, vacancies left by them shall be filled by nominations from persons or entities who have the power to appoint members of that commission, by a decree of the President of the Republic of Armenia (in the case of Central and Territorial Electoral Commissions), except in cases specified by this Code.

3.1. In the case of early termination of electoral commission members in accordance with sub-paragraph 7 of Paragraph 2 of this Article, vacancies left by them shall be filled in accordance with the following procedure:

1) In the case of early termination of Central Electoral Commission members within the period of 20 days before the voting day and before passing a decision on the results of the election, if the number of vacancies exceeds one-third of the total number of Commission members (not filled if the total number of vacancies is one third or less), then the vacancies shall be filled by the President of the Republic of Armenia from among judicial servants, to the point that would allow the Commission to pass all decisions reserved to it by this Code. After ten days following the day when the decision approving the national election results enters into effect, these positions shall be considered vacant and shall be filled within 20 days by the President’s decree on the basis of nomination by an appropriate body.

2) Under national elections, in the event of early termination of powers of a member of the Territorial Electoral Commission within 15 days preceding the voting day, the vacant positions shall be filled upon nomination by the Central Electoral Commissions by a decree of the President of the Republic of Armenia from among judicial servants, if the number of vacant positions is higher than one-third of the total number of the commission members. In this case, the vacant positions are filled in such a way as to enable the Commission adopt decisions within its scope of authority. Should the number of vacant positions in the Territorial Electoral Commission be equal or less than one-third of the total number of the commission members, such vacancies shall not be filled.

3) If the powers of a member of a Precinct Electoral Commission are prematurely terminated within 5 days before the voting day, the vacancies shall be filled by the chairman of the Territorial Electoral Commission from among individuals eligible for appointment to an electoral commission. The vacancies in the Precinct Electoral Commission that appeared within 5 days before the voting day shall be filled if the number of such vacancies exceeds one-third of the total number of the commission members; such vacancies shall be filled in such as a way as to enable the commission to discharge its statutory functions and adopt decisions within the scope of its authority.

4) Vacancies in the Central and Territorial Electoral Commissions shall be filled by a decree of the President of the Republic of Armenia on the basis of a nomination by the entity that had appointed the terminated member, within ten days.