Home > 1.6 Frequency of elections > RUSSIAN FEDERATION - Basic Guarantees of Electoral Rights and the Right of Citizens to Participate in a Referendum
 
 
 
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Article 71
 
Article 71. Repeat Voting and Repeat Elections. By-Elections
1. It may be established by law that if more than two candidates were included in the ballot and none of them received the number of votes required to be elected, the election commission organizing the election shall call a repeat voting of two or more candidates who received the largest number of votes. The organization and conduct of a repeat voting, including the order in which information about the candidates on whom repeat voting is to be conducted is arranged on the ballot shall be carried in accordance with law.
At an election of the top executive of a subject of the Russian Federation (the head of the highest executive body of state power of a subject of the Russian Federation) the registered candidate who received more than 50 percent of the votes cast shall be considered elected. If the ballot contained more than two registered candidates and none of them was elected top executive of a subject of the Russian Federation (the head of the highest executive body of state power of a subject of the Russian Federation), a repeat voting on two registered candidates who received the largest number of votes shall be called.
If a repeat voting is provided for by law, and the ballot of the main election contained two candidates and neither of them has received the number of votes required to be elected, the relevant election commission shall declare the election not to have taken place.
2. The candidate who received in the repeat voting the greater number of votes shall be considered elected in the repeat voting, provided that the number of votes received by the candidate who received the greater number is greater than the number of votes cast against all candidates.
3. If a candidate on whom the repeat voting is to be conducted has withdrawn his candidature or otherwise has ceased to be a candidate before voting day, on the basis of a decision taken by the election commission that determines the results of the election his place shall be passed on to the next, by the number of received votes, candidate who previously took part in the said election. If all other candidates have ceased to be candidates, the repeat voting shall be conducted on the one remaining candidate. In this case, the candidate shall be considered elected if he received at least 50 percent of the votes cast.
4. If all candidates cease to be candidates, a repeat election shall be held within a period not exceeding six months. In this case, the periods of electoral actions may be reduced but not more than by one third.
5. If an election was declared not to have taken place, null and void or if a candidate elected in a single-seat or multi-seat electoral district failed to resign his duties incompatible with the status of a deputy, an elective official, a repeat election shall be called in the procedure and within the period established by law. If the composition of the relevant legislative (representative) body of state power, representative body of local self-government is such that it is not competent to exercise its powers, a repeat election of deputies, elective officials shall be held not later than four months after the day on which the election was declared not to have taken place, null and void. In other cases, a repeat election shall be held not later than one year from the day on which the election was declared not to have taken place, null and void. At a repeat election, the periods of electoral actions may, by a decision of the relevant election commission, be reduced by one third. The decision to call a repeat election shall be officially published not later than three days after the day when it was taken.
6. In the case referred to in Clause 5, Article 70 of this Federal Law, the election commission organizing the election shall, in the procedure established by law, call a repeat election in the electoral district.
7. If a repeat election is called, the election commission organizing the election shall issue orders to either extend the term of powers of the precinct election commissions or form precinct election commissions with new members.
8. If powers of a deputy elected in a single-seat electoral district are terminated earlier, a by-election shall be called in the electoral district. The voting at a by-election shall be held not later than one year after the day of early termination of powers of such deputy.
9. If powers of a deputy elected in a multi-seat electoral district are terminated earlier, a by-election shall be called and conducted in the procedure specified in Clause 8 of this article, if less than two thirds of deputy seats in the district are occupied. Other reasons for holding a by-election in a multi-seat electoral district to replace a deputy whose powers have been terminated may be established by law.
10. A repeat and/or by-election shall be called or conducted if, as a result of this election, a deputy cannot be elected for a term exceeding one year.
11. It may be established by law that if a repeat election conducted within the time limits established by law was declared not to have taken place on the grounds stated in sub-Clause a) or b), Clause 2, Article 70 of this Federal Law, the next repeat election may be postponed for a period not exceeding two years.
12. If powers of more than one deputies are terminated in a period when by-elections shall not be held in accordance with Clause 10 of this article, and if the composition of the legislative (representative) body of state power, body of local self-government is such that it is not competent to exercise its powers, a new regular election shall be held.
13. No procedure may be established by law providing for that, if a decision to register a deputy elected in a single-seat or multi-seat electoral district, an elective official is cancelled, or if powers of such deputy or elective official are terminated before the expiration of his term, the election commission shall take a decision to register the candidate who received the next greatest number of votes as such deputy, elective official.