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Article 68
 
Article 68. Procedure of Counting Votes Cast by Voters, Referendum Participants and Compilation of Protocol of Vote Returns by Precinct Commission
1. Votes cast by voters, referendum participants shall be counted openly and publicly, with the number of ballots and number of votes cast by voters, referendum participants, as counted by the voting members of a precinct election commission, being consecutively announced and entered in the enlarged form of the protocol of vote returns.
2. Counting of votes cast by voters, referendum participants shall begin immediately after the voting time expires and shall be continued without interruption until the vote returns are determined. These vote returns shall be made known to all members of the precinct commission and observers. If elections of different levels are combined, votes cast at the election of federal bodies of state power, to bodies of state power of a subject of the Russian Federation shall be counted first, after which votes cast at the election of bodies of local self-government shall be counted.
3. After the end of voting, voting members of a precinct election commission in the presence of persons indicated in Clause 3, Article 30 of this Federal Law shall count unused ballots, cancel them by cutting off the lower left corner (care shall be taken to avoid damaging the boxes located on the ballots to the right of the data of registered candidates, names of electoral associations, electoral blocs and to the right of the lines "Against all candidates," "Against all federal lists of candidates", the boxes located under the options "Yes" and "No"), announce the number of cancelled ballots obtained by summing up the number of unused ballots and the number of ballots spoilt by voters, referendum participants in the course of voting and enter the number of cancelled ballots in line 7 of the protocols of vote returns and enlarged forms of these protocols. If a technological vote counting equipment is used, this information after its announcement shall be entered in line 7 of the enlarged form of the protocol of vote returns.
4. The chairman, deputy chairman, or secretary of a precinct commission shall ascertain, announce and enter in line 2 of the protocol of vote returns and its enlarged form the number of ballots received by the precinct commission (the ballots of voters, referendum participants who voted early at the premises of territorial commission, district election commission, municipality commission, which were taken out of the envelopes, shall not be included in this number). If the technological vote counting equipment is used, this information, after its announcement, shall be entered in line 2 of the enlarged form of the protocol of vote returns.
5. Before starting to count votes cast by voters, referendum participants voting members of a precinct election commission shall enter the following data in each page of the list of voters, referendum participants:
?) the number of voters, referendum participants included in the list of voters, referendum participants as of the end of voting time (minus the number of voters, referendum participants to whom absentee certificates were issued by the territorial commission and the district commission, and those who were withdrawn for other reasons);
b) the number of ballots issued to voters, referendum participants at the polling station on voting day (to be established from the number of signatures of voters, referendum participants in the list of voters, referendum participants);
c) the number of ballots issued to voters, referendum participants who voted outside the polling station on voting day (to be established from the number of relevant notes in the list of voters, referendum participants);
d) the number of ballots issued to voters, referendum participants who voted early (to be established from the number of relevant notes in the list of voters, referendum participants and verified against the list of voters, referendum participants who voted early);
e) the number of absentee certificates issued by the precinct commission to voters, referendum participants in the electoral precinct, referendum precinct;
f) the number of voters, referendum participants who voted on the basis of absentee certificates in the electoral precinct, referendum precinct.
6. After entering the data specified in Clause 5 of this article, each page of the list of voters, referendum participants shall be signed by the member of the commission who entered this data, and the same member shall then sum up the data, announce it, and communicate it to the chairman, deputy chairman, or secretary and to the persons present at the vote counting. The totals that are determined as the sum of the numbers established in accordance with Clause 5 of this article shall be announced, entered in the last page of the list of voters, referendum participants by the chairman, deputy chairman, or secretary of the precinct commission and certified by his signature and the seal of the precinct commission. The announced data shall be entered in the relevant lines of the protocol of vote returns and its enlarged form, and if the technological vote counting equipment is used, only in the relevant lines of the enlarged form of the protocol of vote returns:
a) line 1: the number of voters, referendum participants included in the list of voters, referendum participants as of the end of voting time;
b) lines 3 and 4: the number of ballots issued to voters, referendum participants who voted early;
c) line 5: the number of ballots issued to voters, referendum participants who voted at the polling station on voting day;
d) line 6: the number of ballots issued to voters, referendum participants who voted outside the polling station on voting day;
e) line 11a: the number of absentee certificates received by the precinct commission;
f) line 11b: the number of absentee certificates issued by the precinct commission to voters, referendum participants in the electoral precinct, referendum precinct;
g) line 11c: the number of voters, referendum participants who voted on the basis of absentee certificates in the electoral precinct, referendum precinct;
h) line 11d: the number of absentee certificates cancelled in the electoral precinct, referendum precinct;
Data is entered into lines 11a, 11b, 11c, and 11d of the protocol of vote returns and its enlarged form if voting on the basis of absentee certificates is provided for by law.
If a repeat voting is provided for by law, the procedure for counting of absentee certificates shall be established by such law.
After that the list of voters, referendum participants shall be made available for examination to persons indicated in Clause 3, Article 30 of this Federal Law, and non-voting members of a precinct election commission may make sure that the counting was carried out correctly.
7. No further work shall be carried out on the list of voters, referendum participants until the control relationships of the data entered in the protocols of vote returns are checked as provided for by Clause 22 of this article. In the meantime, the list of voters, referendum participants shall be kept in a safe or at a place specially equipped for safekeeping of documents. The chairman or the secretary of a precinct election commission shall make arrangements for the safekeeping of the voters list so as to make it inaccessible to persons present at the polling station.
8. Votes cast by voters, referendum participants shall be counted by voting members of a precinct election commission from ballots in the ballot boxes.
9. Non-voting members of a precinct election commission, observers, other persons listed in Clause 3, Article 30 of this Federal Law may be present when votes cast by voters, referendum participants are being counted.
10. Votes cast by voters, referendum participants shall be counted at special places fitted out so as to allow access to them for voting and non-voting members of a commission. Voting members of the commission, with the exception of the chairman (deputy chairman) and the secretary of the commission, shall not use any writing utensils during vote counting, save as otherwise provided for by Clauses 16 and 17 of this article. The actions of members of the commission shall be clearly visible to all persons present at the vote counting
11. When sorting out the ballots a precinct commission shall separate ballots which do not conform to a standard format. Such ballots shall be packed separately and sealed
12. First, ballots shall be counted in the mobile ballot boxes. Before mobile ballot boxes are opened, the integrity of the seals on the boxes shall be checked. Votes shall be counted so as to avoid violating the secrecy of voting. The number of ballots taken out shall be announced and entered into line 8 of the protocol of vote returns and its enlarged form. If the number of ballots of the established form found in the mobile ballot box is greater than the number of applications of voters, referendum participants containing the note about the number of received ballots, all ballots contained in this mobile ballot box shall be invalidated by the decision of the commission and this fact shall be recorded in a separate certificate which shall be appended to the corresponding protocol of vote returns. This certificate shall indicate the surnames and the initials of the members of the precinct commission who ensured the voting outside the polling station using this mobile ballot box. The number of ballots thus invalidated shall be announced, entered in the said certificate, and then summed up with the number of invalid ballots identified during sorting out of the ballots. On the face of each of these ballots in the boxes located to the right of the data about the candidates who stand for election, lists of candidates, the option "Against all candidates" ("Against all lists of candidates"), in the boxes against the options "Yes" and "No", a note shall be made about the reason for invalidating the ballot, that shall be endorsed by signatures of two voting members of the precinct commission and certified by the precinct commission's seal, and when votes are to be counted, such ballots shall be packed separately, sealed and disregarded in vote counting.
13. Stationary ballot boxes shall be opened after the integrity of their seals is verified.
14. Members of a precinct commission shall sort out ballots taken out of mobile and stationary ballot boxes according to the votes cast in favor of each candidate (each list of candidates), and according to the votes cast against all candidates (all lists of candidates), according to the votes cast for options "Yes" and "No" contained in a referendum ballot, putting apart non-standard and invalid ballots. While sorting out the ballots, voting members of the precinct commission shall read out the words written by the voter, referendum participant thereon and show ballots for examination to all persons present at the vote counting. The words written on two and more ballots shall not be read out simultaneously.
15. At an election in a multi-seat electoral district and when a voter has more than one vote, ballots cast for each of the candidates shall not be sorted out. The words written by a voter on each ballot shall be read out and the ballot shall be shown for examination to all persons present at the vote counting. The words written on two and more ballots shall not be read out simultaneously. After it is announced, the data contained in the ballot shall be entered in a special table indicating the surnames of all the candidates included into the ballot, and shall be summed up.
16. If the number of voters, referendum participants who voted early at the premises of a territorial commission, district election commission, municipality election commission, and a precinct commission exceeds one percent of the number of voters, referendum participants included in the list of voters, referendum participants in the electoral precinct, referendum precinct (but is not less than ten voters, referendum participants), the precinct commission, at the request of any member of the commission, any observer shall perform a separate vote counting by ballots the reverse sides of which are marked with a seal of the precinct commission in accordance with Clause 7, Article 65 of this Federal Law. The results of such counting shall be indicated in a certificate that shall be appended to the protocol of vote returns. In these cases, such ballots shall be packed separately and sealed.
17. Invalid ballots shall be counted and summed up separately. Ballots shall be invalid if they do not contain any marks in the boxes to the right of the corresponding registered candidates, names of electoral associations, electoral blocs, the options "Against all candidates," ("Against all federal lists of candidates,") or, in the boxes opposite to the options "Yes" and "No", or if the number of marks made on the ballot exceeds the number of marks established by law. If any doubts arise with regard to the expression of the will of a voter, referendum participant, the ballot shall be put apart in a separate bundle. After the ballots are sorted out, the commission shall decide the question of the validity of each doubtful ballot by voting and a note explaining the reasons why the ballot was pronounced valid or invalid shall be made on the back of the ballot. This note shall be certified by signatures of not less than two voting members of the commission and endorsed with the commission's seal. The ballot pronounced valid or invalid shall be put in the corresponding bundle of ballots. The total number of invalid ballots (including the ballots declared invalid in accordance with Clause 12 of this article and Clause 8, Article 65 of this Federal Law) shall be entered in line 10 of the protocol of vote returns and its enlarged form.
18. After that the sorted out standard ballots shall be counted separately in each bundle, by each candidate, list of candidates, the options "Against all candidates" ("Against all lists of candidates"), the options "Yes" and "No." Ballots shall be counted by moving them from one part of the bundle to the other part so that the persons present at the vote counting could see the mark made by the voter on each ballot. Ballots from different bundles shall not be counted simultaneously. The information so obtained shall be entered in line 12 and the following lines of the protocol of vote returns and its enlarged form.
19. Voting members of the precinct commission shall count the number of valid ballots and enter it in line 11 of the protocol of vote returns and its enlarged form.
20. Voting members of the precinct commission shall count the number of standard ballots contained in the stationary ballot boxes announce and enter it in line 9 of the protocol of vote returns and its enlarged form.
21. After that observers, may examine the sorted out ballots under the supervision of voting members of a precinct election commission, and non-voting members of the commission may make sure that the counting was carried out correctly.
22. After non-voting members of a precinct election commission and observers examine the sorted out ballots the control relationships of the data entered in the protocols of vote returns shall be checked. If these control relationships are not complied with, the precinct election commission shall take a decision to carry out additional vote counting for all or some of the lines of the protocols of vote returns, including additional counting of ballots.
If as a result of such additional counting the control relationships still fail to coincide, the precinct commission shall take a decision to this effect, append it to the protocol of vote returns, and enter the information about the discrepancy in special lines of the protocol of vote returns.
23. After the counting has been completed the ballots shall be packed in separate bundles. The ballots thus bundled shall be packed in bags or boxes, on which the number of the electoral precinct, referendum precinct and the number of ballots shall be marked. The bags or boxes shall be sealed and may be opened only by a decision of the higher election commission or a court. Both voting members and non-voting members of the precinct commission shall be entitled to put their signatures on the said bags or boxes. The packaging shall be performed in the presence of persons specified in Clause 3, Article 30 of this Federal Law who shall be entitled to put their signatures on these bags or boxes.
24. If technological equipment is used for vote counting, the following shall be done in the presence of voting members of a precinct commission, observers, other persons specified in Clause 3, Article 30 of this Federal Law after the work with the list of voters, referendum participants is completed:
a) if for any reason the voting at the polling station was temporarily conducted without the use of the technological vote counting equipment, the precinct commission shall verify the integrity of the seals on the special compartment of this technological vote counting equipment or on a backup stationary ballot box, open this box, and drop all the ballots contained therein into the technological vote counting equipment so as to avoid violation of the secrecy of voting;
b) the precinct commission shall count the ballots contained in mobile ballot boxes in accordance with the procedure specified in Clause 12 of this article, all the ballots shall be taken out of the mobile ballot boxes to be dropped into the technological vote counting equipment switched to the vote counting mode, the ballots shall be dropped so as to avoid violation of the secrecy of voting;
c) the precinct commission shall enter into the technological vote counting equipment the data obtained at the stage of working with the list of voters, i.e. the data entered in lines 1, 2, 3, 4, 5, 6, 7 and 11?, 11b, 11c, 11d of the enlarged form of the protocol of vote returns ;
d) the precinct commission shall print out the protocol of vote returns from the technological vote counting equipment, announce and enter the respective data in lines 8, 9, 10, 11, 12 and the following lines of the enlarged form of the protocol of vote returns;
e) the precinct commission shall check the control relationships of the data entered in the protocol of vote returns. If these control relationships are not complied with, the precinct commission shall make a decision on additional counting with respect to all or some lines of the protocol of vote returns, including a decision on additional manual counting of the ballots. If as a result of such additional counting the control relationships are still not complied with, the precinct commission shall take a decision to this effect, which shall be appended to the protocol of vote returns, and enter the information about the discrepancy into special lines of the protocol of vote returns ;
f) in the circumstances referred to in Clause 16 of this article, the precinct commission shall sort out the ballots by separating the ballots of early voters that were taken out of envelopes that bear the seal of the precinct commission on their back. A separate vote counting by the said ballots shall be performed manually or by means of the technological vote counting equipment. The results of this counting shall be indicated by the precinct commission in a certificate that shall be appended to the protocol of vote returns.
25. A precinct commission shall consider grievances (statements), received on voting day before the end of counting of votes cast by voters, referendum participants from persons who were present at vote counting, and take appropriate decisions that shall be appended to the first copy of the precinct commission’s protocol of vote returns. If there are ungrounded grievances (statements) submitted by persons who were present at vote counting, the precinct commission that used the technological vote counting equipment shall be entitled to make a decision to immediately recount the votes without the use of such equipment (about manual counting). If the difference between the two counts is more than one percent (obtained by dividing the greater number by the smaller) but not less than three units in at least one of the following lines: 10, 11, 12 and the subsequent lines of the precinct commission’s protocol of vote returns, the protocol of vote returns shall be compiled on the basis of the results of the manual counting. If no such difference is found, the protocol compiled on the basis of results obtained with the use of the technological vote counting equipment shall be signed, and a certificate confirming the compliance of the recount results with the initial results shall be drawn up and forwarded to the higher commission together with the protocol of vote returns of the precinct commission.
26. After all required actions and counts have been accomplished, a precinct commission shall hold a mandatory final meeting to consider any grievances (statements) about violations during the voting and counting of votes cast by voters, referendum participants, after which the precinct commission’s protocol of vote returns shall be signed, copies of which shall be issued to the persons indicated in Clause 3, Article 30 of this Federal Law. The protocol of vote returns shall be completed in two original copies and signed by all present voting members of the precinct commission, and shall indicate the date and time (the hour and the minute) when it was signed. The protocol of vote returns compiled on the basis of the results obtained with the use of the technological vote counting equipment shall come into legal force after the said signing. The protocols of vote returns shall not be completed in pencil and no alterations shall be made therein. Signing of such protocol in violation of these rules may constitute a reason for invalidation of such protocol and for a vote recount.
27. If some voting members of a precinct commission are absent when a protocol of vote returns is being prepared, a note to this effect shall be made in the protocol indicating the reason for their absence. The protocol shall be valid if it is signed by the majority of the established number of voting members of the given precinct commission. If, when the protocol of vote returns is being signed, any commission member or any other person put his signature for at least one voting member of the precinct commission this shall constitute a reason for invalidation of such protocol and for a vote recount.
28. When a protocol of vote returns is being signed voting members of a precinct election commission who dissent from the contents of the protocols may attach their dissenting opinion to the protocol and this fact shall be noted in the protocols.
29. At the request of any member of a precinct commission, an observer, other persons indicated in Clause 3, Article 30 of this Federal Law, immediately after signing the protocols of vote returns the precinct commission shall issue a copy of the protocol of vote returns to these persons or allow them to copy the protocol and have this copy certified by the commission. The issuance of such copy shall be recorded by the precinct commission in a special register. The person who receives a copy shall sign for its receipt in the register. The responsibility for completeness and accuracy of the data contained in a copy of the protocol of vote returns shall be borne by the person who certified such copy.
30. The first original copy of the protocol of vote returns of a precinct commission, after it was signed by all present voting members of the precinct commission and their copies were issued to or certified for all persons entitled to receive them, shall be, without delay, forwarded to the higher commission and shall not be returned to the precinct election commission. Attached to the first original copy of the protocol shall be dissenting opinions of voting members of the precinct commission; the grievances (statements) about violations of the law governing the election, the referendum, received by the election commission on voting day and before the end of vote counting; the decisions taken by the precinct election commission in connection with these grievances (statements); certificates drawn up by the precinct commission. The first original copy of the protocol of vote returns with the attached documents shall be delivered to the higher commission by the chairman or the secretary of the precinct election commission or some other voting member of the precinct election commission upon instruction of its chairman. Such delivery of the protocol may be witnessed by other members of the precinct election commission and by observers sent to the given precinct election commission.
31. The second original copy of the protocol of vote returns shall be provided for inspection to observers, other persons specified in Clause 3, Article 30 of this Federal Law, and a certified copy thereof shall be displayed to the general public at a place designated by the precinct commission, after which the second original copy of the protocol of vote returns, together with the electoral documentation, referendum documentation required by law, including the ballots and the seal of the precinct commission, shall be submitted to the higher commission for safekeeping.
32. Precinct commissions shall, by the decision of the Central Election Commission of the Russian Federation or on its instruction on the basis of the decision of the relevant election commission of a subject of the Russian Federation at elections, referendums, use technological vote counting equipment instead of stationary ballot boxes, and if several elections of different levels are combined, the use of such technological vote counting equipment for vote counting at all elections of all levels shall be mandatory. A list of electoral precincts, referendum precincts in which technological vote counting equipment is to be used shall be made up by the Central Election Commission of the Russian Federation or, on its instruction, by the relevant election commission of a subject of the Russian Federation.
If a precinct commission uses the technological vote counting equipment, votes shall be counted in accordance with the provisions of Clause 24 of this article. It may be established by law or by a decision of the Central Election Commission of the Russian Federation, if such law does not exist, that at not less than 5 percent of electoral precincts, referendum precincts (but at least three electoral precincts, referendum precincts) to be determined by lot drawing within the territory of operation of one territorial commission the votes cast by voters, referendum participants shall be subject to control recount to be carried out by voting members of precinct commissions (manual vote counting). Such lot drawing shall be performed by the higher commission within half an hour after the end of the voting time, and the results of the lot drawing shall be immediately communicated to each relevant precinct commission. At combined elections, the control vote recount procedure shall be determined by the Central Election Commission of the Russian Federation or by the relevant election commission of a subject of the Russian Federation, depending on the level of the election, referendum.
All persons present at a polling station in the electoral precinct, referendum precinct where the technological vote counting equipment was used shall be informed about the possibility of a control (manual) vote recount. Manual vote counting shall be carried out in the presence of observers, other persons listed in Clause 3, Article 30 of this Federal Law. In electoral precincts, referendum precincts determined by lot drawing, the manual vote counting shall be carried out in accordance with the procedure established by Clauses 8-11, 13-15, 17-19, 21-23 of this article. As a result of such manual vote counting, either a new protocol of vote returns shall be compiled (if a difference of more than one percent (obtained by dividing the greater number by the smaller one), but not less than three units, is found between the results of the manual vote counting and the results of the counting with the use of the technological vote counting equipment, in relation to even one of the following lines: 10, 11, 12 and the consequent numbers of the protocol of vote returns of the precinct commission, on which a mark "Recount" shall be made and which, together with the initial protocol of vote returns of the precinct commission shall be sent to the higher commission, or a certificate shall be compiled to indicate the fact of no difference between the data obtained as a result of the vote re-count with the initial data, and such certificate shall, together with the protocol of vote returns of the precinct commission, be sent to the higher commission. The chairman of the precinct commission of an electoral precinct, referendum precinct that was determined by lot-drawing for control (manual) vote recount shall, immediately after the results of such control (manual) vote recount are determined, inform the higher commission of the obtained results.
The higher commission that determined by lot-drawing the electoral precincts, referendum precincts subject to the control (manual) vote recount shall, without delay after the information about the results of the control (manual) vote recount is received from the chairmen of precinct commissions of the said electoral precincts, referendum precincts, make a relevant decision and a decision about conducting the control (manual) vote recount in all electoral precincts, referendum precincts where a manual vote count was not conducted and which are located on the relevant territory, if as a result of control (manual) vote recount a new protocol of vote returns was compiled due to a difference, in lines 10, 11, 12 and the consequent lines of the protocol, between the data obtained with the use of the technological vote counting equipment and the data of the manual vote count even at one electoral precinct, referendum precinct determined by the lot-drawing.
Precinct commissions of electoral precincts, referendum precincts at which the technological vote counting equipment was used shall, after the vote returns are determined through the manual vote count and a new protocol of vote returns or certificates stating coincidence of the data is signed in the procedure set forth in Clause 30 of this article, send the protocols to the higher commission.
33. If the technological vote counting equipment is used, data of vote counting shall not be disclosed before the end of voting at the electoral precinct, referendum precinct, save the data on the total number of votes cast.
34. The data of the protocol of vote returns, including the data obtained with the use of the technological vote counting equipment, shall be transmitted to the higher commission through telecommunication lines (with the exception of voice telecommunication lines) of the state automated information system or another telecommunication information system, and the first original copy of the protocol of vote returns and all electoral documentation, referendum documentation, including the ballots, shall, at first opportunity, be submitted to the higher commission either directly or through diplomatic or consular missions of the Russian Federation or in any other way that ensures safekeeping of electoral documentation, referendum documentation and its delivery to the destination. It may be established by the federal law that, with the exception of the first original copy of the protocol of vote returns that must be submitted to the higher commission, all electoral documentation, referendum documentation of electoral precincts, referendum precincts established outside the territory of the Russian Federation, including the ballots, be kept at the premises of diplomatic and consular missions of the Russian Federation with concurrence of their heads.
35. The procedure for using the technological vote counting equipment, telecommunication information systems, the procedure and time of transmission, processing and use of information related to an election, referendum, including the data from protocols of vote returns transmitted in an electronic form over telecommunication channels, shall be regulated by the federal law, and by the Central Election Commission of the Russian Federation to the extent such procedure is not covered by the federal law.