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Article 42
 

Procedure for formation of the CEC


1. The CEC shall comprise of 7 members.


2. The chairperson and other members of the CEC shall, upon recommendation of the competent standing committee of the National Assembly, be elected by the National Assembly upon at least 3/5 of votes of the total number of Deputies, for a term of 6 years. The same person may not be elected as a member of the CEC, including as chairperson of the commission for more than 2 consecutive terms.
The number of representatives of every sex in the CEC shall not be less than 2.


3. Everyone, meeting the requirements for Deputies, shall be eligible for being elected as member of the CEC provided that he or she has:


(1) higher legal education and at least 3 years of professional work record within the last 5 years;
(2) scientific degree in law and at least 2 years of professional work record within the last 5 years;
(3) higher education and at least 5 years of work record of public service in state bodies within the last 10 years; or
(4) higher education and at least 3 years of professional experience in a standing election commission within the last 5 years or at least 3 years of work record in the staff of the commission.


4. The chairperson of the CEC shall — no later than 60 days before termination of powers of a member of the CEC — notify the President of the National Assembly on the term of termination of powers of the member of the CEC.


5. The chairperson and members of the CEC shall be elected as prescribed by the Law of the Republic of Armenia “Rules of Procedure of the National Assembly”.
Elections shall be held:


(1) no earlier than 3 months and no later than 1 day before termination of powers of the chairperson or member of the CEC. In this case, newly-elected chairperson or member of the CEC shall assume his or her powers on the day of termination of powers of the chairperson or member of the CEC, respectively;
(2) within a 3-month period after the relevant position remains vacant, in case of early termination or termination of powers of the chairperson or member of the CEC.


6. In case the chairperson or member of the CEC is not elected by the National Assembly within the deadline prescribed by part 5 of this Article, the President of the Republic, in consultation with parliamentary factions, shall — within a 5-day period — appoint acting chairperson or member of the CEC. The acting chairperson or member shall hold his or her office until the chairperson or member of the CEC is elected as prescribed by the Law of the Republic of Armenia “Rules of Procedure of the National Assembly”.


7. In case the chairperson or a member of the CEC submits a letter of resignation, the vacant position shall be filled no later than within a 30-day period as prescribed by the Law on “Rules of Procedure of the National Assembly”. In case of early termination of powers of a member of the CEC, the new member of the CEC shall be elected for a term of 6 years.


8. The powers of a member of the CEC shall be terminated as prescribed by the Law of the Republic of Armenia “Rules of Procedure of the National Assembly” upon at least 3/5 of votes of the total number of Deputies of the National Assembly, in case of violating the incompatibility requirements, joining a political party, otherwise engaging in political activities, failing to show political restraint in public speeches.


9. The right to nominate candidates for the deputy chairperson and secretary of the CEC shall be vested in the members of the CEC.


10. The deputy chairperson and secretary of the CEC shall be elected by open vote.
Where one candidate has been voted for the position of the deputy chairperson or secretary of the CEC, he or she shall be elected in case of receiving more than half of the votes of the voting participants. Where more than one candidate is voted for the position of the deputy chairperson and secretary of the CEC, the candidate having received the greatest number of affirmative votes shall be elected. In the event of a tie, the candidates having received the greatest number of affirmative votes shall be elected by drawing of lots.