Home > 2.1.1 Electoral commissions > 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 100
 

1. If during the voting or determination of voting results there were violations of this Federal Law, Federal Law "On Basic Guarantees", the higher election commission, prior to establishing voting results, election results to the State Duma, may cancel the decision of a lower election commission on voting results, election results and decide to hold a recount of votes, and if the violations do not allow to reliably determine the results of expression of the voters' will - declare the voting results, election results invalid.


2. After the establishment of voting results, election results to the State Duma by a higher election commission, decision of a lower election commission on voting results, election results may be cancelled only by a court, or the court may decide to amend the protocol of the election commission on voting results, election results and (or) the pivot table. The election commission which decided to apply to a court to cancel voting results, election results, amend the protocol and (or) the pivot table shall inform the Central Election Commission of this decision. If the court decides to amend the protocol of the election commission and (or) the pivot table, the election commission that drafted the protocol and (or) the pivot table shall draw up a new protocol on voting results, election results marked as "Re-drafted" and (or) a new pivot table marked as "Re-drafted".


3. The Court of the respective level may cancel the decision of an election commission on voting results in the case of:


1) violations of the rules for compiling voter lists, if the violation does not allow to reliably determine the results of expression of the voters' will;


2) violation of the procedure of voting and establishing of voting results, if the violation does not allow to reliably determine the results of expression of the voters' will;


3) obstruction to observation of voting and counting of votes, if the violation does not allow to reliably determine the results of expression of the voters' will;


4) violation of the procedure of formation of election commission, if the violation does not allow to determine the real will of the voters;


5) other violations of legislation of the Russian Federation on elections to the State Duma, if these violations not allow to determine the real will of the voters.


4. The respective court, upon application of a voter challenging the voting results in a precinct where the voter voted in elections, may cancel the decision of the precinct election commission on voting results in that precinct in cases referred to in paragraphs 1 and 2 of part 3 of this Article.


5. Cancellation by a court of decision of an election commission on voting results because violations do not allow to reliably determine the results of expression of the voters’ will (determine the real will of the voters) shall entail declaration of these voting results invalid by the respective election commission.


6. The Court may cancel the decision of the Central Election Commission on election results to the State Duma, of the district election commission on election results in the respective single-mandate district after their determination, if one of the following circumstances is established:


1) a political party whose federal list of candidates was admitted to the distribution of mandates, an elected candidate spent on the election campaign in addition to funds from the electoral fund, and the political party - also in addition to the electoral funds of its regional offices, - other funds amounting to more than 10 per cent of the total limit of expenditures from the electoral fund of a political party, candidate, established by this Federal Law;


2) a political party whose federal list of candidates was admitted to the distribution of mandates, an elected candidate bribed voters and this violation does not allow to determine the real will of the voters;


3) a political party whose federal list of candidates was admitted to the distribution of mandates, an elected candidate during the election campaign did not comply with the restrictions of part 1 of Article 69 of this Federal Law, and this violation does not allow to determine the real will of the voters;


4) the leader of a political party whose federal list of candidates was admitted to the distribution of deputy mandates, an elected candidate took advantages of office or official position and this violation does not allow to determine the real will of the voters;


5) after the voting day, declaring illegal the refusal to register a federal list of candidates, a candidate, if this violation does not allow to determine the real will of the voters;


6) establishing other violations of legislation of the Russian Federation on elections to the State Duma, if these violations do not allow to determine the real will of the voters.


7. The respective court, having cancelled the decision of an election commission on voting results, may decide to hold a recount of votes, if during the voting or determination of voting results there had been violations of this Federal Law, Federal Law “On Basic Guarantees”.


8. Cancellation by an election commission or a court of the decision on election results, if the violations do not allow to establish the real will of the voters, shall entail declaring election results in the relevant electoral district invalid.


9. Violations of this Federal Law may not become grounds for the annulment of decisions of election commissions on voting results, election results, for the recognition of voting results, election results invalid, if these violations facilitated election of candidates or were intended to encourage or encouraged voters to vote for the federal lists of candidates, who based on the results of voting were not admitted to the distribution of mandates.


10. Violations by specific political parties referred to in part 4 of this Article may result in the cancellation by the court of the decision on admission of the federal lists of candidates nominated by these political parties to the distribution of mandates, and re-distribution of mandates.


11. Violation by a regional group of candidates of the requirements of this Federal law, by exceeding expenditures from the electoral fund of the corresponding regional office of a political party by more than 10 per cent of the total limit of expenditures from that electoral fund established by this Federal Law, shall entail cancelation by the court of the decision to allocate mandates to that regional group of candidates, and the re-distribution of mandates within the federal list of candidates.


12. If voting results in a precinct, territory, in a single-mandate electoral district were declared invalid after the drawing up by the respective directly superior election commission the protocol on voting results, election results, that election commission shall draw up a new protocol on voting results, election results, marked as "Re-drafted".


13. On the basis of the protocols on voting results marked "Re-drafted" or "Recount of votes", drawn up after the drafting by the higher election commission of the protocol on voting results, election results and the pivot table, that protocol and the pivot table of the higher election commission shall be amended accordingly.