Home > 1.1.3 Submission of candidatures > RUSSIAN FEDERATION - Federal Law on Elections of Deputies to the State Duma of the Federal Assembly of the Russian Federation
 
 
 
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Article 48
 

1. The CEC shall check the compliance with the requirements imposed by this Federal Law during the nomination of a federal list of candidates, candidates in single-mandate electoral districts. In the event of submission of signature sheets the CEC shall check the compliance with the procedure of signature collection, the signature sheets, and the authenticity of information on voters and of their signatures in the signature sheets.


2. In order to verify compliance with the order of nomination of political parties, federal lists of candidates, candidates in single-mandate electoral district, about the collection of voters' signatures and execution of signature sheets, reliability of information about voters and their signatures CEC may decide to set up working groups from among its members, employees of its staff and organizations established to ensure its activities. Such verification may include the involvement of members of lower election commissions, experts from among specialists of internal affairs bodies, institutions of justice, military recruitment offices, agencies of registration of citizens of the Russian Federation at the place of temporary and permanent residence, other state bodies, as well as other persons in accordance with paragraph 19 of Article 28 of the Federal law "On Basic Guarantees". Expert reports can be served as the basis for recognition of false and (or) invalid voter signatures contained in signature sheets. Expert opinions are set out in writing, in statements verification of signature sheets, or other document. In the period of the recruitment experts are exempted from their permanent work, and their employment (position), established salaries and other payments in the workplace is kept the same.


3. The CEC validates information about the candidates, included in the federal list of candidates, and other information submitted by the political parties in accordance with this Federal Law.


4. The CEC refers to the relevant authorities with the presentation of validation of presented in accordance with Article 42 of the Federal Law of information about candidates, included in the federal list of candidates, that these candidates fulfil the requirements, specified in part 13 of Article 4 of this Federal law, and also validation presented in accordance with part 2 of Article 42 of the Federal law about criminal record of candidates included in the lists of candidates in single-mandate electoral district. The relevant authorities shall report on the findings, within 10 days, and in respect of the information submitted in accordance with paragraph 2 of Part 5 of Article 42 of this Federal Law, the requirements specified in part 13 of Article 4 of this Federal Law - within 20 days. If this statement has been received 10 or less than 10 days before voting day, the relevant authorities should communicate the results of investigation in the period established by the CEC. Checking compliance with the requirements specified in part 13 of Article 4 of this Federal Law, is carried out on the grounds established by the Federal Law of May 7, 2013 No 79-FZ "On the prohibition of certain categories of persons to open and operate accounts (deposits), to store cash and valuables in foreign banks located outside the Russian Federation, to own and (or) use of foreign financial instruments "(hereinafter - the Federal law "On the prohibition of certain categories of persons to open and operate accounts (deposits), to store cash and valuables in foreign banks located outside the territory of the Russian Federation, to own and (or) use of foreign financial instruments "). Procedure of the verification of the information specified in paragraphs 3 and 4 of Part 5 of Article 42 of this Federal law shall be established by decree of the President of Russian Federation.


5. Information about the facts of false information submitted by candidates, the CEC shall submit to:


1) the media - in respect of candidates included in the federal list of candidates;


2) the DECs - in respect of candidates included in the lists of candidates in single-mandate electoral district.


6. For the check-up of authenticity of information contained in signature sheets the CEC shall be entitled to use GAS Vybory including the State System For Registration of Voters (Referendum Participants). Conclusions of the investigation results received through the communication channels of GAS Vybory and certified with a digital signature of the Chair of the Election Commission of a subject of the Russian Federation may serve as a ground to determine the signatures of voters void.


7. In the event of any incomplete information about the candidates included in the federal list of candidates, list of candidates in single-mandate electoral district, the absence of any documents referred to in parts 1, 4, 5 and 8 of Article 42, part 1 and paragraphs 2 and 4 of Part 2 of Article 46 of this Federal law, or non-compliance with the requirements of this Federal law to part 1 of Article 42, paragraphs 2 and 4 of part 2 of Article 46 submitted to the CEC in accordance with parts 1, 4, 5 and 8 of the present Federal the law, the CEC not later than three days prior to the session on which is to consider the issue of assurance of the documents shall notify the political party which nominated a federal the list of candidates, candidates in single-mandate electoral districts. Political party shall be entitled to make amendments and additions to the documents containing information on the candidates, as well as in other documents submitted to the CEC in accordance with paragraphs 1, 4, 5 and 8 of Article 42, part 1, paragraphs 2 and 4 of part 2 of Article 46 hereof, in order to bring these documents in line with the requirements of the present Federal law, including their registration not later than one day prior to the date of this session. A political party shall be entitled to replace the submitted document only if it is filled in with a violation of the requirements of this Federal Law. If as a result of investigations carried out by the CEC, revealed the absence of a certified copy of any document referred to paragraph 8 of Article 42 of this Federal Law, a political party has the right to submit it no later than one day prior to the date of the session at which the issue of registration of the federal list of candidates will be considered.


8. The CEC provides the voters with information on candidates submitted by political parties when nominating federal lists of candidates, candidates in single-mandate electoral district, to the extent established by the CEC.


9. No less than twenty per cent of the signatures necessary for the registration of a federal list of candidates and information on voters corresponding thereto shall be verified. For the preliminary verification an equal number of signatures shall be selected in each federal list of candidates. The verification shall be conducted on a selective basis. The procedure of a selective verification shall be set forth by the CEC. The selective verification may be attended by authorized representatives or proxies of political parties submitted the necessary number of signatures of voters for registration of federal lists of candidates. The selection (sampling) shall be exercised by the CEC immediately after the issuance of a document confirming the acceptance of the signature sheets to an authorized representative of a political party. The selective verification may be attended by other persons delegated by the said political parties.


10. When conducting selection and verification of signature sheets authorized representatives or agents of political parties as well as other persons, directed by political parties may be present. Political parties shall be notified on verification of their signature sheets.


11. All signatures of voters and information on voters corresponding thereto selected for the selective verification shall be checked. If these signature sheets contain a larger number of voter signatures than the set amount needed for verification, the signatures are verified in the last selected signature list, from the first signature until the necessary number of signatures is verified.


12. As a result of verification the voter signature may be pronounced authentic or inauthentic, and (or) invalidated.


13. Voter signatures contained in signature sheets but excluded (crossed out) by persons certifying the signature sheets if specifically required by them in the signature sheet or in the protocol on the results of the signature collection prior to the submission of signature sheets shall not be verified and counted.


14. They cannot serve as a basis for the recognition of signatures invalid reduction of words and dates available in the voter data contained in signature sheets, if such reductions do not prevent unambiguous interpretation of this information.


15. If the verification of signatures reveals several signatures of the same voter in support of the nomination of the same federal list of candidates, considered to be authentic only one signature, and the other signatures are considered invalid.


16. An inauthentic signature is the one made on behalf of one person by another person. The signature shall be acknowledged inauthentic on the basis of a conclusion of an expert recruited for the verification in line with part 7 of this Article.


17. The following signatures shall be deemed void:


1) voter signatures collected before the date of payment of production of signature sheets;


2) signatures of voters possessing no right to vote as well as signatures of voters residing outside the respective subject of the Russian Federation;


3) signatures of voters, if information on voters corresponding thereto is false. In this case the signature shall be deemed void only in case of confirmation by the official body carrying out registration of citizens of the Russian Federation at the place of their permanent and temporary stay within the Russian Federation, or on the conclusion of an expert involved in the verification in accordance with part 2 of this Article;


4) signatures of voters, if all or some pieces of information required in accordance with this Federal Law are missing or (and) if there is no date of signature in the signature sheet;


5) signatures of voters if information thereon is written in pencil or is made not in handwriting;


6) signatures of voters, if the dates of signatures are modified and no evidence is provided that voters agree with such modifications as well as signatures of voters, if dates of signatures are not put in their own hand – on the basis of a written conclusion of an expert recruited for the verification in line with part 2 of this Article;


7) signatures of voters, if information of voters corresponding thereto is modified and no evidence is provided that voters or persons certifying signature sheets agree with such modifications;


8) all signatures of voters in the signature sheet in the case the signature sheet is not certified personally by signature collectors and (or) an authorized agent of the political party, or in the case at least one of these signatures is inauthentic, or at least one date of signature of the said persons is not put or not made personally, or in the case information on the signature collector and (or) the date of signature of the signature collector or an authorized agent of a political party was modified and no evidence is provided that the said persons agree to such modifications, or in the case the information on signature collector or on an authorized agent of a political party is incomplete or inauthentic, or in the case information on the signature collector is not written in his/her own hand;


9) all voter signatures on the signature sheet, the form of which does not comply with the requirements set out in Annex 2 of this Federal law, and (or) which does not include the information referred to in paragraphs 3, 4 and 5 of Article 45 of this Federal law, and (or) which is made in non-compliance with the requirements provided for by part 2 of Article 45 of this Federal law;


10) voter signatures collected in violation of the requirements provided for in paragraphs 9 and 10 of Article 45 of this Federal law;


11) signatures of voters, if the information about them included in the signature sheet not by the voters, putting their signatures, and person who collects signatures is not included in the signature list, - on the conclusion of an expert involved in the verification in accordance with part 2 of this Article;


12) all voter signatures on the signature sheet, which is authenticated by the signature collector by a person not entered in the list drawn up in accordance with paragraph 8 of Article 45 of this Federal law;


13) signatures of voters who are included in the signature sheets later than the person performing the collection of signatures, and (or) the authorized representative of a political party signed the signature sheet;


14) all signatures on the signature sheet if the witnessing record of voter signatures collector was included later than the recording of assurance of the authorized representative of a political party.


18. If the verification reveals that in the signature sheets there is (are) completed line(s) in breach of requirements imposed by this Federal Law, only the signature in this (these) line(s) shall not be considered with an exception of cases provided for in paragraphs 8, 9, 12 and 14 and part 17 of this Article.


19. If modifications and mistakes are properly explained during the compilation of the signature sheet, they shall not serve as a reason to acknowledge a signature of a voter void unless it is revealed that it is void in line with paragraphs 8, 9, 12 and 14 of part 17 of this Article.


20. In the event inauthentic and (or) void signatures of voters should equal to or outnumber five per cent of the total number of signatures selected for the selective verification and additional verification of other fifteen per cent of signatures necessary for the registration of a federal list of candidates in the procedure set forth in this Article.


21. If the total sum of inauthentic and (or) void signatures revealed during the selective verification equals or outnumbers five per cent of the total number of signatures selected for the verification in accordance with part 9 and 17 of this Article the further verification shall stop and a federal list of candidates shall not be registered.


22. The federal list of candidates shall not be registered if the number of submitted signatures with the deduction of those acknowledged inauthentic and (or) void is less than the necessary minimum. 


23. After the completion of the verification for each federal list of candidates the concluding protocol shall be compiled which shall be signed by a voting member of the CEC and shall be submitted to the CEC for the resolution on the registration of a federal list of candidates or on the refusal of such registration. The protocol shall document the number of declared, submitted and checked signatures as well as the number of signatures acknowledged inauthentic and (or) void and an explanation of reasons. The protocol shall be attached to the Resolution of the CEC on the registration of a federal list of candidates or on the refusal of such registration. After the adoption of the said Resolution the amendments to the protocol shall be banned. A copy of the protocol shall be passed to an authorized agent of a political party not later than two days prior to the meeting of the CEC during which the resolution on the registration of a federal list of candidates will be considered. In the event the number of authentic signatures should be insufficient for the registration or the number of signatures acknowledged inauthentic and (or) void should equal or outnumber five per cent of the total number of signatures selected for the verification, an authorized agent of a political party shall be entitled to receive in the CEC simultaneously with a copy of the concluding protocol the certified signature sheet verification registers which explain reasons of acknowledgement of signatures inauthentic and (or) void and indicate the numbers of the folder, signature sheet and the line that contain such signatures as well as to receive copies of official documents on the ground of which the respective signatures were acknowledged inauthentic and (or) void. 24. Re-verification of signature sheets after the adoption of decision on registration or refusal of registration of a federal list of candidates may be carried out only by the Supreme Court in accordance with paragraph 8 of Article 99 of this Federal law, only signatures selected for verification by commission can be re-verified.