Home > 1.3.2.2.4 Combating electoral fraud > 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 85
 

1. Counting of votes shall be carried out openly and publicly, with the announcement and corresponding consecutive entry into the enlarged forms of protocols of the precinct election commission on voting results of the results of actions carried out to count ballots and votes by voting members of the precinct election commission. Persons referred to in Part 5 of Article 32 of this Federal Law shall be given an opportunity to be present during the counting of votes and to observe the counting.


2. At the end of voting time, chair of the precinct election commission shall announce that only those voters who are already in the polling station may receive ballots and vote. Counting of votes shall begin immediately after the end of voting shall be carried out without interruption until the determination of voting results, which shall be communicated to all members of the precinct election commission, other persons referred to in Part 5 of Article 32 this Federal Law.


3. After the end of voting the voting members of the precinct election commission in the presence of the persons listed in Part 5 of Article 32 of the present Federal Law shall count and cancel, by cutting off the lower left corner, unused ballots (separately for the singlemandate electoral district and the federal electoral district), and then announce and enter into line 6 of each protocol of the precinct election commission on voting results and its enlarged form (respectively for the single-mandate electoral district and the federal electoral district) the number of cancelled ballots, which is defined as the sum of the number of unused ballots and the number of ballots spoiled by voters during voting. After that members of the precinct election commission shall announce the number of cancelled unused absentee vote certificates, referred to in the act drawn up in accordance with Part 16 of Article 80 of this Federal Law, and enter it into line 14 of each protocol and its enlarged form. The cancelled ballots and absentee vote certificates may be examined by the persons present at the counting of votes referred to in Part 5 of Article 32 of this Federal Law, under the supervision of voting members of the precinct election commission.


4. The chair, deputy chairman or secretary of the precinct election commission shall announce and enter into line 2 of each protocol of the precinct election commission on voting results and its enlarged form (respectively for the single-mandate electoral district and the federal electoral district) the number of ballots received by the precinct election commission, and also announce and enter into line 11 of each protocol and its enlarged form the number of absentee vote certificates received by the precinct election commission.


5. Before direct vote counting members of the precinct election commission with decisive votes enter on each page of the voter list the following summary data for that page (separately for the single-mandate electoral district and the federal electoral district):


1) the number of voters included in the voter list at the end of voting (excluding the voters who were issued absentee vote certificates by the territorial and the precinct election commissions, as well as voters who were excluded from the voter list for other reasons). When establishing the number of voters included in the voter list at the end of voting for the single-mandate electoral district, the voters included in this list on the basis of absentee vote certificates shall not be counted if they received ballots for voting only in the federal electoral district;


2) the number of ballots issued to voters at the polling station on voting day (determined according to the number of voter signatures in the voter list);


3) the number of ballots issued to voters who voted outside polling station (determined according to the number of corresponding records on the voter list);


4) the number of voters who voted early (determined according to the number of corresponding records in the voter list);


5) the number of absentee vote certificates issued by the precinct election commission to voters in the electoral precinct before the voting day;


6) the number of voters who voted with absentee vote certificates at the polling station;


7) the number of absentee vote certificates issued to voters by the territorial election commission.


6. After the entry of data referred to in Part 5 of this Article each page of the voter list shall be signed the voting member of the precinct election commission who entered the data, who then shall announce the data and communicate it to the chair, deputy chair or secretary of the precinct election commission, other persons present during the count of the votes. The resulting data, defined as the sum of the data established in accordance with Part 5 of this Article on all pages of the voter list, shall be announced by the chair, deputy chair or secretary of the precinct election commission, entered on the last page of the voter list, certified with signature and the seal of the precinct election commission. The announced data shall be entered in the corresponding line of each protocol of the precinct election commission on voting results and its enlarged form (respectively for the single-mandate electoral district and the federal electoral district):


1) in line 1: the number of voters included in the voter list at the end of voting;


2) in line 3: the number of ballots issued to voters who voted early;


3) in line 4: the number of ballots issued to voters at the polling station on voting day;


4) in line 5: the number of ballots issued to voters who voted outside the polling station on voting day;


5) in line 12: the number of absentee vote certificates issued by the precinct election commission to voters at the polling station before voting day;


6) in line 13: the number of voters who voted with absentee vote certificates at the polling station;


7) in line 15: the number of absentee vote certificates issued to voters by the territorial election commission.


7. After conducting the actions specified in Part 6 of this Article, verification of the following control equation shall be carried out: the number of absentee vote certificates received by the precinct election commission shall be equal to the sum of the number of absentee ballots issued by the precinct election commission to voters at the polling station before voting day, and the number of absentee vote certificates cancelled at the polling station. If this control equation does not reconcile, the precinct election commission shall take a decision on additional counting of the data entered in the voter list and cancelled absentee vote certificates. If the control equation does not reconcile again after additional counting, the precinct election commission shall take the corresponding decision, which shall be attached to the protocol on voting results, in which this control equation does not reconcile, and shall enter the data on discrepancy into line 16 of the protocol and its enlarged form. If the control equation reconciles, digit "0" shall be entered in line 16.


8. After conducting the actions specified in Parts 6 and 7 of this Article, the persons referred to in Part 5 of Article 32 of the present Federal Law are entitled to review the voter list, and members of the precinct election commission with advisory vote are entitled to verify the correctness of the calculation.


9. Further work with the voter list cannot be carried out until the verification of control equations of the data entered into the protocols of the precinct election commission on voting results in accordance with Part 22 of this Article. Until that time the voter list shall be placed in a safe or another place specifically adapted for storage of documents. Storage of the voter list that excludes access to it by persons in the polling station shall be ensured by the chair or secretary of the precinct election commission.


10. Direct counting of votes shall be carried out by the ballots located in ballot boxes by members of the precinct election commission with a decisive vote.


11. Advisory members of the precinct election commission, other persons referred to in Part 5 of Article 32 of the present Federal Law shall be entitled to be present during the direct counting of votes.


12. Direct counting of votes shall take place at the voting premises in specially designated areas equipped in a manner that ensures access to them by both voting and advisory members of the precinct election commission. Voting members of the precinct election commission, except the chair, deputy chair and secretary of the precinct election commission, shall be prohibited to use writing materials during the vote counting, except in cases provided for in Parts 14 and 17 of this Article. All actions of members of the precinct election commission shall be made within the sight of the persons present at the direct counting of the votes.


13. When sorting ballots the precinct election commission shall separate the ballots of non-conforming form, that is, produced unofficially, or not certified by this commission with or without special signs (marks) in the case it was used. Ballots of non-conforming form shall not be counted during the direct counting of votes. Such ballots shall be packed separately and sealed.


14. Ballots in mobile ballot boxes shall be counted first. Mobile ballot boxes with ballots filled by the voters who voted early shall be opened first, then the boxes with ballots filled by the voters who voted outside polling station on voting day. Before each mobile ballot box is opened, the number of voters who voted with the use of this mobile ballot box shall be announced, the integrity of stamps (seals) on it shall be inspected, and the chair of the precinct election commission shall offer to do the same to members of the commission, other persons present at the counting of votes. Counting of the ballots shall be conducted in such a way as to avoid violating the secrecy of voting, with ballots of non-conforming form separated. The number of retrieved ballots of compliant form shall be announced and entered in line 7 of each protocol of the precinct election commission on voting results and its enlarged form (respectively for the single-mandate district and the federal electoral district). If the number of ballots of compliant form found in the respective mobile ballot box for voting in the relevant district exceeds the number of records in the voter list for the voters who voted early, or the number of applications of voters signed to certify receipt of the ballot for voting on the relevant electoral district, all ballots for voting in the respective electoral district found in that mobile ballot box shall be deemed invalid by decision of the precinct election commission, and a separate act shall be drawn to that effect, which shall be attached to the respective protocol of the precinct election commission on voting results and which shall state the surnames and initials of members of the precinct election commission who conducted early voting or voting outside the polling station using that mobile ballot box. The number of ballots recognized in such case as invalid shall be announced, entered into the said act, and subsequently summed with the number of invalid ballots identified during the sorting of ballots. On the front side of each of these ballots on the squares to the right of information about the registered candidates or under this information, to the right of the names of political parties or under these names, a record shall be made of the reason for the invalidation of the ballot, which shall be certified by signatures of two voting members of the precinct election commission and the seal of the commission, and these ballots shall be packed separately, sealed and not counted in the further counting of votes.


15. Stationary ballot boxes shall be opened after inspection of the integrity of the stamps (seals) on them.


16. Voting members of the precinct election commission shall remove ballots from the envelopes (if envelopes are used). Ballots taken out from mobile and stationary ballot boxes shall be sorted into two piles - separately for the single-mandate electoral district and the federal electoral district. After that, voting members of the precinct election commission shall carry out the following actions (first with the ballots for voting in the single-mandate electoral district, while ensuring the safety of ballots for voting in the federal electoral district, and then with the ballots for voting in the federal electoral district). Voting members of the precinct election commission shall sort the ballots, putting them into separate piles, according to the votes cast for each registered candidate, each registered federal list of candidates, at the same time separating the ballots of nonconforming form and invalid ballots. When sorting ballots, voting members of the precinct election commission shall announce the voter’s mark contained in the ballot and show ballots for visual inspection to the persons present at the counting of votes. Simultaneous announcement of the voters’ marks contained in two or more ballots shall not be permitted.


17. Invalid ballots shall be counted and summed up separately. Ballots shall be considered invalid if they do not contain marks in the box to the right of the information on the registered candidates or under the specified information, to the right of the names of the political parties or under these names, or if they bear marks in more than one box. In case of doubt in determining the will of the voter that ballot shall be put into a separate pile. After the end of sorting the precinct election commission shall decide on the validity of each doubted ballot by voting, and on the reverse side of each such ballot a record shall be made on recognizing the ballot as valid or invalid. This record shall be certified by signatures of at least two voting members of the precinct election commission and the seal of the commission. The ballot recognized as valid or invalid shall be put in the appropriate pile of ballots. The total number of invalid ballots (taking into account the number of ballots deemed invalid pursuant to Part 14 of this Article) shall be announced and entered in line 9 of each protocol of the precinct election commission on voting results and its enlarged form (respectively for the single-mandate electoral district and the federal electoral district).


18. After that, the sorted ballots of conforming form shall be counted (each pile separately) according to the votes cast for each registered candidate, each registered federal list of candidates. The ballots shall be counted by placing them one by one so that the persons present at the counting of votes, could see the voter’s mark on each ballot. Simultaneous counting of ballots from different piles shall not be permitted. The data obtained, after its announcement, shall be entered in line 19 and subsequent lines of each protocol of the precinct election commission on voting results and its enlarged form (respectively for the single-mandate electoral district and the federal electoral district).


19. Voting members of the precinct election commission shall determine the number of valid ballots by summing up the data contained in line 19 and subsequent lines of each protocol of the precinct election commission on voting results, announce it and enter inline 10 of each protocol and its enlarged form (respectively for the single-mandate electoral district and the federal electoral district).


20. Voting members of the precinct election commission shall determine the number of ballots of compliant form for forth relevant district taken out from the stationary ballot boxes, announce it and enter it in line 8 of each protocol of the precinct election commission on voting results and its enlarged form.


21. After that, the sorted ballots may be visually examined by observers, foreign (international) observers under the control of voting members of the precinct election commission, and advisory members of this commission may verify the accuracy of the counting conducted.


22. After examination by advisory members of the precinct election commission, observers, foreign (international) observers with the sorted ballots, verification of control equations for the data entered into the protocols of the precinct election commission on voting results shall be carried out in accordance with Appendix 5 to the present Federal Law, in the order established by the Central Election Commission. If these control equations do not reconcile, the precinct election commission shall take a decision on additional counting of data for all or some of the lines of the protocol in which these control equations do not reconcile, including additional counting of ballots. If after additional counting for lines 2, 3, 4, 5 and 6 of this protocol control equations do not reconcile again, the precinct election commission shall draw up an act to this effect and attach it to the protocol, and enter the data on discrepancies in the special lines of the protocol: in line 17 "The number of lost ballots "and line 18 "The number of ballots not recorded in during receipt." If the number indicated in line 2 is greater than the sum of the numbers in lines 3, 4, 5 and 6, the difference between the number indicated in line 2 and the sum of the numbers in lines 3, 4, 5 and 6 shall be entered into line 17, and digit "0" shall be entered in line 18. If the sum of the numbers indicated in lines 3, 4, 5 and 6is greater than the number in line 2, the difference between the sum of the numbers in lines 3, 4, 5 and 6 and the number in line 2 shall been entered into line 18, and digit "0" shall be entered in line 17. If after additional counting it becomes necessary to amend the protocol, a new blank protocol shall be filled out, and appropriate corrections shall be made in its enlarged form. If the control equations reconcile, digit "0" shall be entered in lines 17 and 18.


23. After the completion of counting ballots shall be packed in separate packages according to the votes cast for the registered candidates, registered federal lists of candidates. Invalid ballots and cancelled ballots shall be packed in separate packages. On each package of packed ballots, the number of ballots in the package shall be indicated, as well as the name of the registered candidate, the name of a political party marked in the respective ballots, or the record: "Invalid ballots for the federal electoral district" or "Invalid ballots for the single-mandate district." So packed ballots, as well as ballots packed in accordance with Parts 13 and 14 of this Article, packed absentee vote certificates, voter list shall be placed in sacks or boxes, which shall indicate the electoral precinct number, the total number of all packed ballots, the total number of all packed absentee vote certificates. Sacks or boxes shall be sealed and may be opened only by a decision of a higher election commission or a court. These sacks or boxes may be signed by members of the precinct election commission with a decisive vote and with an advisory vote, as well as other persons referred to in Part 5 of Article 32 of thisFederal Law.


24. After carrying out all necessary actions and calculations, the precinct election commission shall hold its final session, at which it shall consider complaints (applications) about violations of the present Federal Law committed during the voting and counting of votes, after which the protocols of the precinct election commission on voting results shall be signed and copies thereof shall be issued to the persons specified in Part 5 of Article 32 of the present Federal Law. Each protocol shall be made in two copies and signed by all present voting members of the precinct election commission, and indicate the date and time (hours and minutes) of its signing. Protocols made with the use of technical means of counting votes or using electronic voting systems, shall acquire legal force after their signing by the said persons. Filling of the protocols with a pencil or amending the protocols shall not be permitted. Signing of a protocol in violation of this order shall constitute a basis for declaring the protocol invalid and conducting a recount of votes.


25. If during the filling of the protocols of the precinct election commission on voting results some voting members of the precinct election commission are absent, a record of this shall be made in the protocols stating the reasons for their absence. The protocol shall be valid if it is signed by the majority of the established number of voting members of the precinct election commission. If during the signing the protocol the signature of at least one voting member of the precinct election commission is made by another member of the precinct election commission or by another person, this shall constitute a basis for declaring the protocol invalid and conducting a recount of votes.


26. When signing the protocol of the precinct election commission on voting results voting members of the precinct election commission who disagree with the entire protocol or its specific provisions shall be entitled to attach a dissenting opinion to the protocol, and a record to this effect shall be made in the protocol.


27. At the request of a member of the precinct election commission and other persons referred to in Part 5 of Article 32 of the present Federal Law, the precinct election commission immediately after the signing of the protocols of the precinct election commission on voting results (including those made anew) shall be required to produce and issue to these persons certified copies of the protocols. If the protocol is made in electronic form, its copy shall be made by printing the protocol on paper and certified in accordance with this Federal Law. Certified copies of the protocols issued shall be numbered. The precinct election commission shall record the issuance of a certified copy of each protocol in the respective register. A person who received a certified copy of the protocol shall sign in the register. Responsibility for the compliance of all data contained in the copy of the protocol with the data contained in the protocol shall be borne by the person who certified that copy of the protocol. If the copy of the protocol is made without the use of copiers, it shall not be required to indicate the surnames, first names and patronymics of members of the precinct election commission and their signatures.


28. The first copies of protocols of the precinct election commission on voting results, after the signing by all present members of the precinct election commission with a decisive vote and issuance of certified copies to the persons entitled to receive such copies, shall be immediately sent to the respective territorial election commission and may not be returned to the precinct election commission. The first copy of the protocols shall be accompanied with annexed dissenting opinions of voting members of the precinct election commission, complaints (applications) about violations of the present Federal Law received by the precinct election commission on voting day and before the end of the counting of votes, as well as decisions of the precinct election commission taken on these complaints (applications), and the acts and registers drawn up by it. Certified copies of these documents and decisions of the precinct election commission shall be annexed to the second copy of the protocols. The first copies of the protocols with the annexed documents shall be delivered to the territorial election commission by the chair, secretary or another voting member of the precinct election commission at the request of the chair. Other members of the precinct election commission, as well as observers sent to this precinct election commission are entitled to be present during the handover of the protocols. All election documents of precinct election commissions formed in electoral precincts outside the territory of the Russian Federation, including ballots, except for the first copies of the protocols of the precinct election commission on voting results and the documents annexed thereto, submitted to the territorial election commission, shall be stored in the premises of diplomatic missions and consular institutions of the Russian Federation for at least one year from the date of official publication of the results of elections of deputies of the State Duma, and then destroyed with drawing up an act to that effect as prescribed by the Central election Commission of the Russian Federation.


29. The second copies of the protocols of a precinct election commission on voting results shall be presented for review to the persons specified in Part 5 of Article 32 of this Federal Law, and their certified copies shall be posted for public viewing in the place designated by the precinct election commission. If the protocol is made electronically, its second copy shall be made by printing out the protocol on paper and signing it by all members of the precinct election commission who were present at establishing voting results and the drawing up of the protocol. The second copies of the protocols together with the electoral documents referred to in the present Federal Law, including sealed ballots, lists of advisory members of the precinct election commission, and other persons referred to in paragraph 5 of Article 32 of this Federal Law, who were present at establishing voting results and the drawing up of the protocol, and the seal of the precinct election commission shall be handed over for storage to the respective territorial election commission not later than five days after the official publication of the results of elections of deputies of the State Duma.


30. Where the appropriate equipment is available, immediately after the signing of the protocols by the precinct election commission members, data of the protocols of the precinct election commission on voting results from electoral precincts formed in inaccessible or remote areas, on the vessels which are at sea on the voting day, at polar stations or outside the territory of the Russian Federation, shall be transmitted by technical communication channels to the higher election commission, with the obligatory subsequent submission of the first copies of protocols and other electoral documents, provided for by Part 28 of this Article, to the higher election commission as soon as possible, either directly or through diplomatic representations and consular institutions of the Russian Federation.


31. The procedure for using technical systems to transmit information on the election of deputies of the State Duma, the order and timing of transmission, processing and use of such information, including the data from the protocols of precinct election commissions on voting results transmitted through technical communication channels, shall be determined by the Central Election Commission.


32. If, after the signing of the protocol of a precinct election commission on voting results and sending its first copy to the territorial election commission, the precinct election commission which compiled the protocol discovers an inaccuracy in lines 1 - 18 of the protocol (including clerical, typographical errors or errors in data tabulation) or if an inaccuracy is discovered by the territorial election commission during its preliminary verification of the protocol, the precinct election commission shall at its session consider making adjustments to lines 1 - 18 of the protocol. The precinct election commission, while informing of this session in accordance with Part 2 of Article 32 of this Federal Law, shall state that it will consider this issue. The decision made shall be communicated by the precinct election commission to its advisory members, other persons who were present when the previously approved protocol of the precinct election commission on voting results was drawn up, as well as mass media representatives. In this case, the precinct election commission shall draw up a protocol on voting results, which shall be marked as "Re-drafted". This protocol shall be immediately sent to the territorial election commission. The protocol previously presented by the precinct election commission to the territorial election commission shall be attached to the redrafted protocol. If it shall be necessary to make adjustments to line 19 and subsequent lines of the protocol, a recount of votes shall be made in the manner prescribed by Parts 16 and 17 of Article 86 of this Federal Law. Violation of this order of re-drafting of the protocol shall constitute a basis for recognizing this protocol invalid.