Article 77. Annulment of Decision on Vote Returns, Election Results, Referendum Results
1. In the event any violations of this Federal Law, another law governing the conduct of the relevant election, referendum have been committed when voting was conducted or vote returns were determined, the higher commission, before it determines the vote returns, election results, referendum results, may annul the decision of a lower commission on the vote returns, election results, referendum results and order a vote recount or, if the violations do not make it possible to determine reliably the results of the expression of the will of voters, referendum participants, declare the vote returns, election results, referendum results null and void.
2. A court may annul the decision of an election commission on the results of the relevant election after these results were established, on the basis of the following facts as established by the court:
a) the sums, expended by a candidate declared elected, an electoral association, electoral bloc whose lists of candidates were included in the distribution of deputy seats, on their election campaign from sources other than their electoral funds exceeded, respectively, 10 percent of the maximum limit of all expenditures from an electoral fund of a candidate or 10 percent of the maximum limit of all expenditures from an electoral fund of an electoral association, electoral bloc established by law;
b) a candidate declared elected, an electoral association, electoral bloc whose federal lists of candidates were included in the distribution of deputy seats bribed voters and this infraction does not make it possible to establish the real will of voters;
c) in the course of election campaigning a candidate declared elected, an electoral association, electoral bloc whose lists of candidates were included in the distribution of deputy seats failed to comply with the requirements of Clause 1, Article 56 of this Federal Law and this infraction does not make it possible to establish the real will of voters;
d) a candidate declared elected, a leader of an electoral association, electoral bloc whose lists of candidates were included in the distribution of deputy seats took advantage of their office or official position and this infraction does not make it possible to establish the real will of voters.
3. A court of an appropriate level may also annul a decision of an election commission on the vote returns and election results in an electoral precinct, territory, electoral district, a municipality, in a subject of the Russian Federation, in the whole of the Russian Federation if infractions were committed in respect of the rules for the preparation of voters lists, procedures for the formation of election commissions, voting and vote counting procedures (including interference with their monitoring), establishment of election results, if a candidate, federal list of candidates were unlawfully refused registration and this fact was admitted after voting day, and in the event of other violations of electoral laws, provided such infractions and violations do not make it possible to establish the real will of the voters.
4. A court of an appropriate level may annul a decision of the referendum commission of a subject of the Russian Federation, a local referendum commission on the vote returns and the referendum results if infractions were committed in respect of the rules for the preparation of referendum participant lists, procedures for the formation of referendum commissions, rules of campaigning and funding a referendum campaign, if members and authorized representatives of the referendum initiative group, leaders of public associations took advantage of their official position in order to obtain a desired answer to the question put for the referendum, if facts of bribing referendum participants by these persons and public association for the same purpose have been established, if infractions were committed in respect of voting and vote counting procedures (including interference with their monitoring), and in the event of other violations of referendum laws and regulations, provided such infractions and violations do not make it possible to establish the real will of the referendum participants.
5. A decision on vote returns, election results shall not be annulled because of violations of this Federal Law which were conducive to the election of, or which aimed at encouraging or encouraged voters to vote for, candidates who have not been elected according to the vote returns or for lists of candidates which have not been included in the distribution of deputy seats.
6. Annulment of a decision on election results by an election commission or a court in the cases where infractions committed do not make it possible to determine reliably the voters' will shall cause the election results in this electoral district to be declared null and void.
7. At an election in a multi-seat electoral district, violations referred to in Clause 2 of this article if committed by individual candidates may cause the annulment of the decision on the results of the election only in relation to these candidates.
8. When voting were conducted on lists of candidates, violations committed by individual electoral associations, electoral blocs referred to in Clause 2 of this article may cause that the decision to include these electoral associations, electoral blocs in distribution of deputy seats and to re-distribute deputy seats be annulled.
9. Annulment of a decision on the results of a referendum by a court, in the cases when infractions committed do not make it possible to determine reliably the referendum participants’ will shall cause the referendum results be declared null and void.
10. If vote returns in some electoral precinct, referendum precinct are declared null and void and this results in the reversal of a decision to declare a candidate elected or in a redistribution of deputy seats, changes in the decision on the referendum results, all higher commissions shall prepare new protocols. In the other cases alterations shall be made in the previously prepared protocols.
