Home > 4.1 Parliamentary elections > RUSSIAN FEDERATION - Federal Law on Elections of Deputies to the State Duma of the Federal Assembly of the Russian Federation
 
 
 
Download file    
 
 
Article 87
 

1. On the basis of the data contained in the first copy of the protocols of territorial election commissions on voting results, the district election commission after preliminary verification of the correctness of their compilation but not later than on the fifth day after the voting day by tabulating these data shall determine election results in the singlemandate electoral district, and establish voting results in the federal electoral district in the territory of the single-mandate electoral district. Tabulation of the data contained in these protocols shall be carried out directly by the voting members of the district election commission.


2. Receipt of the protocols of territorial election commissions on voting results, tabulation of the data contained in these protocols, and drafting of protocols of the district election commission on the results of elections in single-mandate electoral district and on the results of voting in the federal electoral district in the territory of the single-mandate electoral district shall be carried out in the same room. All these actions of members of the district election commissions shall be within sight of the members of this election commission, other persons referred to in part 5 of Article 32 of this Federal Law. Enlarged forms of pivot tables of the district election commission shall be in this room, into which the protocol data of territorial election commissions on voting results shall be entered, with the time of data entry. Data entry shall be performed immediately after the arrival of the chair, secretary or any other voting member of the territorial election commission with the first copies of the protocols.


3. The chair, secretary or another voting member of the territorial election commission shall hand over the first copies of the protocol of territorial election commission on voting results with the annexed documents to a voting member of the district election commission, who shall verify the correctness of the protocol compilation, completeness of the annexed documents and reconciliation of control equations.


4. If the protocol and (or) the pivot table of the territorial election commission on voting results are drawn up in violation of the requirements of this Federal Law for drawing up the protocol and (or) the pivot table, the territorial election commission shall make a redrafted protocol and (or) the pivot table in accordance with the requirements of part 15 of Article 86 of the present Federal Law, and the originally submitted protocol and (or) pivot table shall remain in the district election commission.


5. If the protocol and (or) the pivot table of the territorial election commission on voting results are drawn up in accordance with the requirements of this Federal Law for drawing up the protocol and (or) the pivot table, a member of the district election commission shall enter the data contained in this protocol into the respective pivot table of the district election commission. Chair, secretary or another voting member of the territorial election commission, who submitted the protocol to the member of the district election commission, shall sign the enlarged form of the corresponding pivot table of the district election commission under the data contained in the protocol submitted by him.


6. The district election commission, on the basis of protocols No 1 of territorial election commissions on voting results, shall draw up the protocol No 1 on the election results in the single-mandate electoral district.


7. A registered candidate who received the highest number of votes compared to other registered candidates in the single-mandate electoral district shall be elected in this single-mandate electoral district. If the number of votes received by registered candidates is equal, the candidate who was registered earlier shall be elected.


8. The district election commission shall recognize the election results in the singlemandate electoral district invalid:


1) if violations this Federal Law committed during the voting or determination of voting results do not allow to reliably determine the results of expression of the voters' will;


2) if the results of voting in the single-mandate electoral district are declared invalid in part of the electoral precincts, the voter lists in which at the end of voting in the aggregate comprise at least one-fourth of the total number of voters included in voter lists at the end of voting in the single-mandate electoral district;


3) by a court decision. 9. The district election commission on the basis of protocols No 2 of territorial election commissions on voting results shall draw up the protocol No 2 on voting results in the federal electoral district in the territory of the single-mandate electoral district.


10. Each protocol of the district election commission shall contain the following data:


1) the number of territorial election commissions formed in the single-mandate electoral district;


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


3) the number of electoral precincts in the respective electoral district, where voting results were declared invalid, and the total number of voters included in the voter lists in these precincts at the end of voting;


4) tabulated data in all lines contained in the respective protocols of territorial election commissions on voting results;


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


11. The surname, first name and patronymic of the registered candidate elected deputy of the State Duma shall be entered into the protocol of the district election commission on the election results in single-mandate electoral district.


12. Before signing the protocols of the district election commission, this commission shall hold a final session, in which it shall consider complaints (applications) received by the commission about violations of the present Federal Law committed during the voting, counting of votes, tabulation of votes, determination of election results in the singlemandate electoral district. After that, the district election commission shall sign the protocols and issue certified copies thereof to the persons specified in part 5 of Article 32 of this Federal Law, and takes a decision on the election results in the single-mandate electoral district. Each protocol shall be drafted in duplicate and signed by all present voting members of the district 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 recognising such protocol invalid. A voting member of the district 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.


13. Each copy of the protocol of the district election commission shall be accompanied by the annexed:


1) respective pivot table of the district election commission, which shall include the full data contained in all protocols No 1 or No 2 of territorial election commissions on voting results received by the district election commission. The pivot tables of the district election commission on voting results in the federal electoral district and election results in the single-mandate electoral district shall also contain the data received by the district election commission from the respective protocols of territorial election commissions on 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 respective territorial election commission, and the number of absentee vote certificates lost in the respective territorial election commission;


2) acts on the handover of ballots by the district election commission to the lower election commissions, specifying the number of these ballots;


3) acts on the handover to the respective territorial election commissions of absentee vote certificates, specifying the number and serial numbers of these certificates.


14. Pivot tables of the district election commission referred to in paragraph 1 of this Article 13 shall be signed by the chair (deputy chair) and secretary of the district election commission.


15. The first copy of the protocols of a district election commission shall be accompanied with annexed dissenting opinions of members of the district election commission, as well as complaints (applications) about violations of the present Federal Law received by the commission from voting day until the day of drawing up the protocols by the district election commission, or their certified copies, as well as decisions of the district election commission taken on these complaints (applications). Certified copies of the dissenting opinions, complaints (applications) and decisions of the district election commission shall be annexed to the second copy of the protocols.


16. After signing the protocols and the pivot tables, the first copies of the protocols of the district election commission together with the annexed documents shall be immediately sent to the Central Election Commission of the Russian Federation and they may not be returned to the district election commission. A certified copy of the decision of the district election commission on election results in the single-mandate electoral district shall also be immediately sent to the Central Election Commission.


17. The second copies of protocols of the district election commission on voting results and the second copies of the pivot tables shall be presented for review to advisory members of the district election commission, 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 district election commission.


18. The second copies of protocols of the district election commission together with the second copies of the pivot tables, lists of advisory members of the district election commission, other persons referred to in part 5 of Article 32 of this Federal Law who were present during the determination of election results in the single-mandate electoral district, tabulation of votes in the federal electoral district and the drawing up of the protocols, protocols of territorial election commissions on voting results, as well as other documents stipulated by this Federal Law, shall be stored by the secretary of the district election commission until the official publication of the overall election results of deputies to the State Duma, and then handed over to the election commission of a Russian Federation subject.


19. If, after signing the protocol of the district election commission and (or) the pivot table and sending their first copies to the Central Election Commission, the district election commission that drew up the protocol and the pivot table, or the Central 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 territorial election commissions on voting results), the district election commission shall at its session consider making adjustments to the protocol and (or) the pivot table. The district 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 district 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 district election commission was drawn up. In this case, the district election commission shall draw 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 Central Election Commission. The previous protocol on voting results and (or) the pivot table submitted to the Central Election Commission shall be attached to the re-drafted protocol and (or) the pivot table. Violation of this order for drawing up the re-drafted protocol and (or) pivot table shall constitute a basis for recognising the re-drafted protocol invalid.


20. Upon detection of errors, discrepancies in the protocols on voting results received from lower election commissions, or if there are doubts as to the correctness of their compilation, the district election commission may decide to hold a recount votes in the respective electoral precinct, respective territory. Such recount may be conducted prior to the determination by the district election commission of voting results and drawing up of its respective protocol.


21. In the case stipulated by Part 20 of this Article, recount of votes shall be carried out in the presence of the voting member(s) of the district election commission by the election commission which drew up and approved the protocol that must be verified, or by the higher territorial, district election commission. The election commission conducting a recount of votes shall notify members of the respective 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". On the basis of this protocol changes shall be made to the protocol of the higher election commission on voting results. 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 lower election commission, it shall be immediately sent to the district election commission. The previously submitted to the district election commission protocol of the territorial 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 declaring this protocol invalid.