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 88
 

1. On the basis of the data contained in the first copies of protocols of district election commissions on voting results in the federal electoral district in their respective territories, the Central Election Commission after preliminary verification of the correctness of the protocol compilation by summing up the data contained in them, not later than two weeks after voting day shall determine the election result of deputies of the State Duma in the federal electoral district. Summation of the data contained in these protocols shall be carried out directly by voting members of the Central Election Commission.


2. The Central Election Commission shall draw up the protocol on election results in the federal electoral district, which shall contain the following data:


1) the number of district election commissions;


2) the number of protocols of district election commissions on the basis of which the protocol is drawn up;


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


4) tabulated data for all lines of the protocols of district election commissions on voting results of in the federal electoral district;


5) the number of absentee vote certificates received by the Central Election Commission, the number of absentee vote certificates issued to the lower election commissions, the number of unused absentee vote certificates cancelled by the Central Election Commission, the number of absentee vote certificates lost in the Central Election Commission;


6) share of votes (percent) cast for each federal list of candidates, from the number of voters who participated in the voting;


7) the names of political parties, whose federal lists of candidates are admitted to the distribution of deputy mandates, and the number of mandates due to each of these lists;


8) the numbers of regional groups of candidates from the federal lists of candidates, which are given deputy mandates, indicating to which group of subjects of the Russian Federation (with the names of subjects of the Russian Federation), which subject of the Russian Federation, which single-mandate electoral district or single-mandate electoral districts (with the names and numbers of single-mandate electoral districts) each regional group of candidates relates, and the number of mandates due to each of these regional groups of candidates;


9) surnames, first names and patronymics of the registered candidates elected deputies of the State Duma from each federal list of candidates, which are due deputy mandates, for each regional group of candidates.


3. On the basis of the protocol on election results in the federal electoral district the Central Election Commission shall take a decision on election results in the federal electoral district.


4. The Central Election Commission shall declare elections in the federal electoral district failed:


1) if no federal list of candidates received 5 per cent or more votes cast in the federal electoral district;


2) if all federal lists of candidates received in total 50 per cent or less votes cast in the federal electoral district.


5. The Central Election Commission shall declare election results in the federal electoral district invalid:


1) if violations committed during voting in the federal electoral district or during tabulation of voting results do not allow to reliably determine the results of expression of the voters' will;


2) if the voting results in the federal electoral district were declared invalid in a part of electoral precincts, the voter lists in which by the end of voting in total comprised at least 25 per cent of the total number of voters included in the voter lists by the end of voting;


3) based on a court decision. 6. The number of voters who voted in the federal electoral district shall be determined by the number of the respective ballots of conforming form contained in the ballot boxes.


7. Deputy mandates shall be distributed to the federal lists of candidates, each of which received 5 or more percent of votes cast in the federal electoral district, provided that there are at least two such lists, and that in total more than 50per cent of votes cast were cast for these lists. In such case other federal lists of candidates shall not be admitted to the distribution of mandates.


8. If the federal lists of candidates, each of which received 5 percent or more votes cast in the federal electoral district, together received 50 percent or less votes cast, mandates shall be distributed to these lists, as well as sequentially in the decreasing order to the number of votes cast also to the federal lists of candidates that received less than 5 per cent of votes cast, until the total number of votes cast for the federal lists of candidates admitted distribution of deputy mandates exceeds in the aggregate 50 percent of votes cast.


9. If one federal list of candidates received more than 50 per cent of votes cast in the federal electoral district, and other federal lists of candidates received less than 5 per cent of votes cast, mandates shall be distributed to that federal list of candidates as well as the federal list of candidates that received the highest number of votes cast from among the federal lists of candidates which received less than 5 per cent of votes cast.


10. The federal lists of candidates admitted to the distribution of deputy mandates, shall receive these mandates in accordance with the method of proportional distribution of mandates provided for in Article 89 of the present Federal Law. When using this method, registered candidates elected to the State Duma in single-mandate electoral districts (if they are present on the list), shall not be taken into account.


11. Deputy mandates received by the federal list of candidates shall be distributed among the registered candidates on the federal part of the federal list of candidates and registered candidates in the regional groups of candidates, in accordance with the method of proportional distribution of mandates provided for in Article 89 of this Federal Law.


12. Deputy mandates shall be distributed between registered candidates in the order of their placement in the federal list of candidates established during the registration of this list by the Central Election Commission and considered (within the federal part of a federal list of candidates and each of the regional groups of candidates) as the order for the receipt of mandates.


13. Protocol of the Central Election Commission on election results for the federal electoral district shall be signed by all present voting members of the Central Election Commission. The protocol shall include as an annex a pivot table that includes full data of all received protocols of district election commissions on voting results in the federal electoral district. Summary table shall be signed by the chairman (deputy chairman) and secretary of the Central Election Commission of Russian Federation.


14. A voting member of the Central Election Commission, who disagrees with the entire protocol of the Central Election Commission on election results in the federal electoral district, 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. Complaints (applications) about violations of the present Federal Law, received by the Central Election Commission from voting day until the day of drawing up the protocol, as well as decisions of the Central Election Commission taken on these complaints (applications), shall also be annexed to the protocol.


15. Certified copies of the protocol of the Central Election Commission of the Russian Federation on election results in the federal electoral district and the pivot table shall be provided to all members of the Central Election Commission, other persons mentioned in Part 1 of Article 32 of this Law present during the determination of election results, as well as to representatives of the media.


16. If, after signing the protocol of the Central Election Commission on election results in the federal electoral district and (or) the pivot table, the Central Election Commission discovered an inaccuracy in them (including clerical, typographical errors or errors in summation of the data contained in the protocols of lower election commissions), the Central Election Commission shall at its session consider making adjustments to the protocol and (or) the pivot table. The Central 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 Central Election Commission to its advisory members with, other persons mentioned in part 5 of Article 32 of this Federal Law who were present when the previously approved protocol of the Central Election Commission on voting results in the federal electoral district was drawn up.


17. 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 Central Election Commission may decide to hold a recount votes in the respective electoral precinct, respective territory, respective single-mandate electoral district. Such recount may be conducted not later than one day prior to the deadline established by this Federal Law for the determination of election results in the federal electoral district.


18. In the case stipulated by part 17 of this Article, recount of votes shall be carried out in the presence of the voting member(s) of the Central Election Commission by the election commission which drew up and approved the protocol on voting results that must be verified, or directly by the higher election commission, or the Central 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 in all protocols of higher election commissions on voting results. The previously submitted protocol on voting results shall be attached to the re-drafted protocol. Violation 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.