Home > 1.3.2.2.3 Other special voting procedures > RUSSIAN FEDERATION - Federal Law on Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum
 
 
 
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Article 62
 

(in the version of Federal Law of October 04, 2010, # 263-FZ)


1. As may be stipulated by law, a voter, a referendum participant who is unable, on voting day, to attend the polling station of an electoral precinct, referendum precinct where he is included in the voters list, referendum participants list may receive an absentee certificate from a relevant commission and take part in the voting in that electoral precinct, referendum precinct where he will be on voting day and participate at the voting (within the boundaries of the electoral district, referendum territory where the given voter, referendum participant is entitled to an active electoral right, the right to participate in a referendum) in the electoral district, referendum precinct where such voter would be on the voting day. The period of issue of absentee certificates as established by the law may not be less than 30 days and must end on the day before the voting day.


(in the version of Federal Law No.262-FZ of July 27, 2011)


2. In case if elections and/or referenda of different levels take place on the same day, with the law providing for voting thereat under absentee certificates, the absentee certificates shall be issued within the periods as determined by law governing the procedure of holding of election (referendum) of higher level.


3. The absentee certificates shall be documents subject to strict accountability and shall have unified numbering all over the territory of the election, referendum. The absentee certificate used in the elections where the law provides for repeat voting, must have a detachable coupon. The absentee certificate shall be produced in the form as per addendum 2 or 3 to this Federal Law. The text of the absentee certificate, the number of absentee certificates, the form of absentee certificates issue registry shall be approved by the commission organizing the election, referendum, within terms as established by law. The said commission shall also determine methods to protect absentee certificates from forgery at production thereof.


4. In order to protect the absentee certificates from forgery at production thereof, watermarked paper and/or paper with inscriptions printed thereon by typographic method in micro-type and/or with security thread and/or other special protective elements shall be used.


5. The placement of order to produce absentee certificates shall be conducted by the commission organizing the election, referendum, in centralized manner, based on decision of such commission.


6. The absentee certificate shall be issued by the commission on the basis of voter or referendum participant written application with indication of reason for which he requires an absentee certificate. An absentee certificate shall be issued to the voter, referendum participant in person or to their proxy on the basis of notarized power of attorney. The power of attorney may be also certified by the administration of an inpatient medical institution (if the voter, referendum participant is being treated in such institution), by the administration of institution where suspected or convicted citizens are detained (if the voter, referendum participant is detained in such institution as suspect or convict).


7. The chairman, deputy chairman, secretary or other commission voting member, that issues the absentee certificate, shall enter therein the last name, first name, and patronymic of the voter, referendum participant, the series and number of his passport or document standing in lieu of passport of citizen, the number of electoral district, referendum precinct where the voter, referendum participant is included in the voter or referendum participant list, the address of the district commission, the name of the municipality and subject of the Russian Federation, the number and/or the name of single-mandate and/or multi-mandate electoral district (if the election is being held by single-mandate and/or multi-mandate electoral districts), in the territory of which an electoral district or a referendum precinct is formed; the name of the commission issuing the absentee certificate. If the law provides for repeat voting at the elections, then the aforesaid information about the voter, the electoral district, and the respective commission shall also be entered into the detachable coupon of the absentee certificate. The chairman, deputy chairman, secretary or other commission voting member, that issues the absentee certificate, shall indicate his name and initials, the date of absentee certificate issue in the absentee certificate (and in the detachable coupon should the law provide for repeat voting at elections), shall sign and seal the absentee certificate with the seal of the respective commission.


8. In case of receipt of absentee certificate (absentee certificate without detachable coupon in case of repeated vote at election), the voter, referendum participant shall indicate in the respective columns of the absentee certificates issue registry or voter, referendum participant list, the series and number of their passport or document replacing the passport of citizen, and shall sign. The absentee certificates issue registry must contain the residence address of the voter, referendum participant. In case of receipt of an absentee certificate on the basis of power of attorney by the voter, referendum participant representative, the respective columns of the absentee certificates issue registry, certificate or voter, referendum participant list, must be completed with the series and number of voter, referendum participant passport or their documents replacing the passport of citizen, thereat, the representative of the voter, referendum participant shall indicate their last name, first name and patronymic, series and number of passport or their documents replacing the passport of citizen, and shall sign. The power of attorney shall thereupon be withdrawn from the representative of the voter, referendum participant and shall be annexed respectively to the absentee certificates issue registry, certificate or voter, referendum participant list.


9. The chairman, deputy chairman, secretary or other member of territorial commission (electoral commission of municipality, district electoral commission) with casting vote that issues the absentee certificate to the voter, referendum participant, shall indicate the number of the issued absentee certificate and shall sign in the respective columns of the absentee certificates issue registry. The territorial commission (electoral commission of municipality, district electoral commission) shall, 20 days prior to voting day, submit to the district commission, together with the first copy of voter list, referendum participant list, the certified extract from the absentee certificates issue registry containing information about the voters, referendum participants receiving absentee certificates, registered in the territories of the respective electoral districts, referendum precincts. Based on the respective extract, the district commission member shall make the following note in the “Special remarks” column of the voter list, referendum participant list: “Absentee certificate No. received in the territorial commission (electoral commission of municipality, district electoral commission)” with indication of the number of the absentee certificate, and shall sign.


10. When an absentee certificate is issued to a voter, referendum participant, by a district commission, the chairman, deputy chairman, secretary or other member of district commission with casting vote, who issued the absentee certificate to the voter, referendum participant, shall make the following note in the “Special remarks” column of the voter list, referendum participant list: “Absentee certificate No. received” with indication of the number of the absentee certificate, and shall sign.


11. The voter, referendum participant receiving an absentee certificate (including by representative based on power of attorney) shall be excluded by the district commission out of the voter list, referendum participant list in the respective electoral district or referendum precinct in the specific election, referendum, and shall not be accounted for in the number of registered voters, referendum participants in the compilation of the vote returns protocol by the district commission.


12. The repeated issue of absentee certificate shall not be permitted. In case of loss of absentee certificate no duplicate shall be issued.


13. On the voting day, prior to the voting time, the unused absentee certificate shall be annulled. If the law provides for repeat voting at elections, the terms and procedure of absentee certificate and detachable coupon annulment shall be established by such law. The commission shall record information about the annulment of unused absentee certificates and detachable coupons with indication of their quantity and numbers of the absentee certificates in a certificate made in the form approved by the Central Election Commission of the Russian Federation.


14. As the absentee certificate is produced on the voting day, the voter, referendum participant shall be additionally included in the voter list, referendum participant list in the electoral district or referendum precinct where he or she will be situated on the voting day. The district commission shall enter the following remark into the “Special remarks” column in the voter list, referendum participant list: “Voted under absentee certificate No.” with indication of number of the absentee certificate produced by the voter, referendum participant. The absentee certificate shall thereupon be withdrawn from the voter, referendum participant, save as in the case when the law provides for repeat voting at election. In such case, when general election is held, the detachable coupon shall be withdrawn from the voter, with the absentee certificate being withdrawn at holding of repeat vote. The absentee certificates (detachable coupons) serving as grounds for the inclusion of voters, referendum participants in the voter list, referendum participant list, shall be kept with the said list.


15. In case of loss of absentee certificate blank form, the commission establishing a fact of such loss, shall immediately make the respective act and shall draft a decision containing the number of lost absentee certificate blank form, the fact of blank form loss, and the cause of such loss. Such decision shall be notified on the same day directly to the higher commission and to the commission organizing the election, referendum. Based on such decision, the commission organizing the election, referendum shall recognize the respective absentee certificate as invalid, whereupon all the lower commissions shall be informed. The invalid absentee certificate shall not be grounds for the inclusion of a voter, referendum participant, in the voter list, referendum participant list. In case is a voter, referendum participant submits such absentee certificate, the latter shall be subject to withdrawal.


16. The procedure of absentee certificate transmission to commission and absentee certificate accounting, including by means of State Automated System “Vybory”, shall be approved by the Central Election Commission of the Russian Federation.