Home > 2.1 The competent bodies and their tasks > RUSSIAN FEDERATION - Federal Law on Presidential Elections in the Russian Federation
 
 
 
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Article 23
 

1. Members of superior election commissions and their staffers, a registered candidate, his agent or his authorized representative on financial issues shall have the right to be present at all meetings of any election commission and while work with the voter lists, election ballots, absentee voting certificates, report on voting results and consolidated charts performed by a polling station, territorial election commission. No additional permission shall be received by the stated persons for visiting the meetings of the respective election commission and their presence while its working with the stated election documents. The respective election commission shall provide the opportunity of free access for the stated persons to the meetings and the premises where the electors’ votes counting and work with the stated election documents is being carried out. Representatives of the media may be present at all meetings of the election commission and while working the stated election documents as well as while counting the electors’ votes. (as amended by Federal Law No. 93-FZ of July 21, 2005)


2. The respective election commission shall ensure informing of the immediate superior election commission, each registered candidate, his agent or his authorized representative on financial issues of the time of holding the commission meetings and its working with the election documents stated in clause 1 of this article.


3. The claimants, representatives of interested parties which may give explanations and produce evidence on the substance of the considered issue may be present while considering the complaints (applications) at the election commission meetings. (as amended by Federal Law No. 93-FZ of July 21, 2005)


4. Election commissions shall inform the citizens of the results of candidate registration, biographic data of the registered candidates, other data on them received by election commissions according hereto, the voting results concerning each registered candidate and the results of the Presidential Elections in the Russian Federation.


5. The persons stated in clause 1 of this article as well as observers, foreign (international) observers may be present at polling stations from the moment of starting by the precinct election commission of its work on the voting date and on the days of early voting till receiving the information on acceptance of the report on the voting results by the superior election commission and while the second counting of the electors’ votes.


6. Observers, the media representatives, foreign (international) observers may be present at other election commissions while defining the voting and elections results, drawing up the report on the voting and elections results and while the second counting of the electors’ votes.


7. All members of the election commission, other persons stated in clause 1 of this article and observers shall be provided with access to the location of the election commission formed at the polling station which has been established in the military unit, closed administrative and territorial entity, hospital, health resort, recreation centre, detention facility or another place of temporary stay and to the room for voting at this polling station and the room where the electors’ votes counting is carried out. (as amended by Federal Law No. 93-FZ of July 21, 2005)


8. Each registered candidate, each political party having nominated a registered candidate shall have the right to appoint observers. The observer shall be the Russian Federation citizen having an active right to vote. Elected officials, deputies, higher officials of the Russian Federation subjects (heads of supreme executive state authorities of the Russian Federation subjects), heads of local administrations, persons directly subordinate to them, judges, counsels for prosecution, election commission members with a casting vote may not become observers. (clause 8 as amended by Federal Law No. 93-FZ of July 21, 2005)


9. Authorities of the observer shall be certified in writing in a letter of referral issued by the registered candidate or his agent, political party, the interests of which are represented by this observer. The letter of referral shall contain surname, name, patronymic of the observer, address of his place of residence, his telephone number (if any), number of the polling station, name of the election commission (territorial, precinct commission) where he is forwarded and an entry is made on absence of restrictions provided by clause 8 of this article. No additional data on the observer as well as the seal in case the observer is forwarded by the candidate or his agent shall be necessary. The letter of referral shall be valid if the document of the observer’s identification is shown. No preliminary notification of forwarding the observer shall be needed. (as amended by Federal Law No. 93-FZ of July 21, 2005)


10. The letter of referral stated in clause 9 of this article may be submitted to the precinct election commission within the period provided by clause 5 of this article and to another election commission — from the moment of voting start at the polling stations till completion of drawing up the report on the voting and elections results, including on the results of the second counting of the electors’ votes. (clause 10 as amended by Federal Law No. 93-FZ of July 21, 2005)


11. A candidate, political party may appoint several observers to each election commission which shall have the right to observe the voting and other election activities in turn in the room for voting. No simultaneous performance of observer authorities by two or more observers representing the interests of one registered candidate, one political party shall be permitted in the election commission room, the room for voting. Establishing any other restrictions apart from those stated herein concerning observers’ presence in the election commission room, the room for voting, concerning observing the voting process, counting of electors’ votes, drawing up the report on the voting results and concerning issue of these report copies shall not be permitted. (clause 11 as amended by Federal Law No. 93-FZ of July 21, 2005)


12. The observer shall have the right to:


1) read the voter lists, the register of issuing the absentee voting certificates, read the absentee voting certificates, the register of requests (applications) for voting outside the voting room located in the election commission; (as amended by Federal Law No. 93-FZ of July 21, 2005)


2) be present in the voting room of the respective polling station at any time within the period stated in clause 5 of this article;


3) observe issue of election ballots to voters;


4) be present while electors voting outside the voting room;


5) observe counting the number of voters introduced into the voter lists, number of election ballots issued to voters, invalidated election ballots, observe counting of electors’ votes at the polling station remotely and in conditions providing readability of the voters’ marks contained in the election ballots, read any marked or unmarked ballot while counting the electors’ votes, observe drawing up the report on voting results and other documents by the election commission within the period stated in clause 5 of this article;


6) apply to the chairman of the respective election commission with offers and remarks on the issues of voting organization and in case of his absence — to the person acting for him;


7) read the report of the election commission to which the observer has been forwarded and the report of the directly subordinate election commissions on the voting results, on the elections results, receive certified copies of the stated reports from the respective election commission; (sub-clause 7 as amended by Federal Law No. 93-FZ of July 21, 2005)


8) appeal decisions and actions (omission) of the election commission to which he is forwarded, to the directly superior election commission or in court;


9) be present at the second counting of the electors’ votes in the respective election commissions.


13. The observer shall not have the right to:


1) issue election ballots to voters;


2) sign for the voter, including at his request, for receipt of election ballots;


3) mark the election ballots for the voter, including at his request;


4) perform actions breaching the voting secrecy;


5) take direct part in counting the election ballots held by election commission members with a casting vote;


6) perform actions hindering the work of the election commission;


7) carry out election canvassing among the voters;


8) participate in taking decisions by the respective election commission.


14. The mass media members taking part in covering preparation and holding of the Presidential Elections in the Russian Federation shall have the right to:


1) be present at the meetings of election commissions;


2) read the report of the precinct election commission on the voting results and the reports of other election commissions on the voting and elections results, including those drawn up for the second time;


3) receive the copies of the reports stated in sub-clause 2 of this clause and the documents attached to them from the respective election commission;


4) be present at the election canvassing events, cover their holding in the mass media;


5) be present in the voting room on the voting date, on the days of early voting, take photographs and make video records. (clause 14 as amended by Federal Law No. 93-FZ of July 21, 2005)


15. Copies of the report and other documents of the election commission shall be certified by the chairman of the election commission or his deputy, or secretary of the election commission. In this regard the stated persons shall make a “True copy” entry in the certified document, shall sign, indicate their surname and initials, date and time of certification and affix the seal of the election commission.


16. Election commission members with an advisory vote, observers, the mass media members present while voting and counting the electors’ votes in the precinct election commissions may wear badges not containing signs of election canvassing indicating their status, surname, name and patronymic. The badge of the election commission member with an advisory vote shall also contain the surname, name and patronymic of the registered candidate having appointed him and the badge of the observer — the surname, name and patronymic of the registered candidate or name of the political party which has forwarded the observer to the election commission. Forms of badges of election commission members with an advisor vote, observers shall be set by the Central Election Commission of the Russian Federation. (clause 16 as amended by Federal Law No. 93-FZ of July 21, 2005)