Home > 2.9 Electoral offences and sanctions > 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 86
 

1. Based on the data of protocols of precinct election commissions on voting results, including the data transmitted by technical communication channels from the precinct election commissions formed in electoral precincts formed in inaccessible and remote areas, on vessels that are at sea on the voting day, at polar stations and outside the territory of the Russian Federation, the territorial election commission, after a preliminary verification of the correctness of protocols, no later than the third day after the voting day shall establish the results of voting in the respective territory by summing up all the data contained in the protocols. Tabulation of the data contained in the protocols shall be carried out directly by voting members of the territorial election commission. Persons referred to in Part 5 of Article 32 of the present Federal Law are entitled to be present during this process.


2. Receipt of protocols of precinct election commissions on voting results, tabulation of the data contained in these protocols, and drafting of protocols of the territorial election commission on voting results shall be made in the same room. All actions of members of the territorial election commission on the acceptance of protocols of precinct election commissions on voting results, tabulation of the data contained in these protocols, and drafting of protocols of the territorial election commission on voting results shall be within sight of members of the territorial election commission, other persons mentioned in Part 5 of Article 32 of the present Federal Law. In this room there shall be enlarged forms of pivot tables of the territorial election commission, into which, immediately after the arrival of a chair, secretary or another voting member of a precinct election commission with the first copy of the protocol of the precinct election commission on voting results, the data of these protocols shall be entered, specifying the time of entry.


3. The chair, secretary or another voting member of the precinct election commission shall hand over the first copies of the protocols of the precinct election commission on voting results together with the annexed documents to a voting member of the territorial election commission, who shall verify the correctness of the protocols and completeness of the documents annexed to them. If the GAS Vybory system is installed in the territorial election commission, the data contained in the protocols shall immediately be entered into GAS Vybory, while verifying reconciliation of the control equations of the protocol data. If, after entry of the data contained in the protocols into GAS Vybory, technical errors made during the entry are discovered, correcting data shall be entered into the GAS Vybory solely on the basis of a reasoned decision of the territorial election commission. If GAS Vybory is not used, reconciliation of the control equations shall be verified by a member of the territorial election commission who verifies correctness of the protocols.


4. If the protocol of a precinct election commission on voting results is drawn up with a violation of the requirements for drawing up protocols stipulated in the present Federal Law, the precinct election commission shall draw up a re-drafted protocol, in accordance with the requirements of Part 32 of Article 85 of the present Federal Law, and the originally submitted protocol shall remain in the territorial election commission.


5. If the protocol of a precinct election commission on voting results complies with the requirements for drawing up protocols stipulated in the present Federal Law, a member of the territorial election commission with a decisive vote shall enter the data contained in this protocol into the respective pivot table of the territorial election commission. Chair, secretary or another voting member of the precinct election commission, who submitted the protocol to a member of the territorial election commission, shall sign in the enlarged pivot table of the territorial election commission under the data of this protocol.


6. The data contained in the protocols of precinct election commissions on voting results, as it is entered into GAS Vybory, but not later than one day after voting day (for the protocols marked as "Re-drafted" or "Vote recount" - not later than one day from the date of drawing up such protocols) shall be posted by election commissions of an Russian Federation subject on Internet and kept there for at least one year from the date of official publication of election results for the State Duma.


7. Territorial election commission shall formalise its decisions on voting results in the appropriate territory in two protocols: Protocol No 1 - on voting results in the singlemandate electoral district and Protocol No 2 - on voting results in the federal electoral district (hereinafter also - protocols of territorial election commissions on voting results). Each protocol shall contain the following data:


1) the number of precinct election commissions in the respective territory;


2) the number of received protocols of precinct election commissions on voting results on the basis of which the respective protocol of the territorial election commission on voting results is drawn up;


3) the number of electoral precincts, in which voting results were invalidated, and the total number of voters included in voter lists in these precincts at the end of voting;


4) summary data for all lines of the respective protocols of precinct election commissions on voting results, as stipulated by Parts 3, 4 or 5 of Article 84 of this Federal Law;


5) the number of absentee vote certificates received by the territorial election commission, the number of absentee vote certificates issued to the lower precinct election commissions, the number of unused absentee vote certificates cancelled by the territorial election commission, the number of absentee vote certificates lost in the territorial election commission.


8. Before signing the protocol on voting results, the territorial election commission shall hold a final session, in which it shall consider complaints (applications) received by the commission (statements) about violations of the present Federal Law committed during the voting, counting of votes, determination of voting results. After that, the territorial election commission shall sign the protocols on voting results and issue certified copies thereof to the persons specified in Part 5 of Article 32 of the present Federal Law. Each protocol of the territorial election commission on voting results shall be drafted in duplicate and signed by all present voting members of the territorial election commission, and indicate the date and time (hours and minutes) of its signing. Signing of the Protocol in violation of this order shall constitute a basis for the recognizing such protocol invalid. A voting member of the territorial election commission, who disagrees with the entire protocol or its specific provisions, shall be entitled to attach to the protocol a dissenting opinion, the record of which shall be made in the protocol.


9. The following documents shall be annexed to each copy of the protocol of the territorial election commission on voting results:


1) respective pivot table of the territorial election commission, which shall include the full data contained in all protocols No 1 or No 2 of precinct election commissions on voting results received by the territorial election commission;


2) acts on the handover by the territorial election commission of ballots for voting in the respective electoral district to precinct election commissions, as well as the cancellation of unused ballots stored in the territorial election commission, indicating the number of such ballots;


3) acts on the handover of absentee vote certificates to precinct election commissions, as well as the cancellation of unused absentee vote certificates stored in the territorial election commission, indicating the number and serial numbers of those certificates.


10. The pivot tables specified in part 9 of this Article shall be signed by the chair (deputy chair) and secretary of the territorial election commission.


11. The first copy of the protocols of a territorial election commission on voting results shall be accompanied with annexed dissenting opinions of members of the territorial election commission, as well as complaints (applications) about violations of the present Federal Law committed during voting, counting of votes, determining voting results received by the commission from voting day until the day of drawing up voting results protocols by the territorial election commission, as well as decisions of the territorial election commission taken on these complaints (applications). Certified copies of the dissenting opinions, complaints (applications) and decisions of the territorial election commission shall be annexed to the second copy of the protocols.


12. The first copies of the protocols of territorial election commission on voting results, after they are signed by all present voting members of the territorial election commission, together with the annexed documents and protocols of precinct election commissions on voting results, shall be immediately sent to the district election commission. Protocols of the territorial election commission on voting results, the annexed documents and protocols of precinct election commissions on voting results sent to the higher election commission, may not be returned to the territorial election commission.


13. The second copies of the protocols of territorial election commission on voting results, together with the second copies of the pivot tables and acts referred to in part 9 of this Article, shall be presented for review to members of the territorial election commission, advisory members of higher election commissions, other persons specified in part 5 of Article 32 of the present Federal Law, and their certified copies shall be posted for public viewing at the place designated by the territorial election commission.


14. The second copies of the protocols of territorial election commission on voting results, together with the second copies of the pivot tables and acts referred to in Part 9 of this Article, lists the advisory members of the territorial election commission, and other persons referred to in part 5 of Article 32 of the present Federal Law, who were present at the determination of voting results and drawing up of the protocols, shall be stored by the secretary of the territorial election commission.


15. If, after signing the protocol of the territorial election commission on voting results and (or) the pivot table of the territorial election commission and sending their first copies to the higher election commission, the territorial election commission that drew up the protocol and the pivot table, or a higher election commission during its preliminary verification discovered an inaccuracy (including clerical, typographical errors or errors in data summation of the data contained in the protocols of precinct election commissions on voting results), the territorial election commission shall at its session consider making adjustments to the protocol and (or) the pivot table. The territorial election commission, while informing of this session in accordance with Part 2 of Article 32 of the present Federal Law, shall state that it will consider this issue. The decision made shall be communicated by the territorial election commission to its advisory members, other persons mentioned in part 5 of Article 32 of this Federal Law who were present when the previously approved protocol of the territorial election commission was drawn up. In this case, the territorial election commission draws up a protocol on voting results and (or) the pivot table, which shall be marked as "Re-drafted". This protocol and (or) the pivot table shall be immediately sent to the higher election commission. The previous protocol on voting results and (or) the pivot table submitted by the territorial election commission to the higher election commission shall be attached to the re-drafted protocol and (or) the pivot table. Violation of this order for drawing up re-drafted protocol and (or) pivot table shall constitute a basis for declaring the redrafted protocol invalid.


16. Upon detection of errors, discrepancies in the protocol on voting results received from the precinct election commissions, or if there are doubts as to the correctness of its drawing up, the territorial election commission in the course of its preliminary verification of the protocol, or after its acceptance may decide to hold a recount votes by the precinct election commission or conduct a recount of votes in the respective electoral precinct on its own. Such recount may be conducted prior to the determination by the territorial election commission of voting results and drawing up of its protocol on voting results.


17. Recount of votes shall be carried out in the presence of the voting member(s) of the territorial election commission by the precinct election commission, which drew up and approved the protocol that must be verified, or by the territorial election commission which decided to hold the recount of votes. The election commission conducting a recount of votes shall notify members of the respective precinct election commission, other persons mentioned in Part 5 of Article 32 of this Federal Law, who are entitled to be present during the recount of votes. Based on the results of the recount of votes the election commission, which conducted the recount, shall draw up a protocol on voting results, which shall be marked as: "Recount of votes". Drawn up and certified copies of this protocol shall be issued to the persons specified in part 5 of Article 32 of the present Federal Law. If such a protocol is drawn up by a precinct election commission, it shall be immediately sent to the territorial election commission. The previously submitted to the territorial election commission protocol of the precinct election commission on voting results shall be attached to the re-drafted protocol. Violation by the election commission that conducted a recount of votes of this order of drawing up the protocol on voting results marked as "Recount of votes" shall constitute a basis for recognising this protocol invalid.