Home > 1.3.2.2.4 Combating electoral fraud > 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 64
 

1. The time of the commencement and the end of voting at an election, referendum shall be established by law, and the duration of voting shall not be less than ten hours. The law may provide for the case that if at elections of bodies of state power of a subject of the Russian Federation, bodies of local self-government, at a referendum of a subject of the Russian Federation in the territory of an election district, referendum precinct where working hours coincide with voting time (in case of work at full-cycle enterprises or shift-operation enterprises), by decision of the electoral commission of the Russian Federation subject the time of voting commencement in such electoral district, referendum district, may be transferred to an earlier time but by no more than two hours. If voting day at an election of bodies of state power of a subject of the Russian Federation, bodies of local selfgovernment, at a referendum of a subject of the Russian Federation, a local referendum is the same as voting day at an election of federal bodies of state power, the House of Representatives of the Union State, at a referendum of the Russian Federation, the provisions of federal law that set the time of commencement and end of voting shall apply.


(Section 1 in the version of Federal Law of July 21, 2005, # 93-FZ)


2. The time and place of voting shall be communicated to voters, referendum participants by territorial and precinct commissions not later than 20 days before voting day through mass media or otherwise, and if early or repeat voting is conducted the time and place of voting shall be communicated in the procedure and at the time established by law but not later than five days before voting day.


3. On voting day and before the beginning of voting, the chairman of a precinct commission shall present for inspection by members of the precinct commission, by voters, referendum participants who are present, by persons specified in Section 3, Article 30 of this Federal Law empty ballot boxes (relevant compartments of the technical vote counting equipment, if any) that are then sealed with the precinct commission’s seal.


4. Each voter, referendum participant shall vote in person, voting on behalf of other voters, referendum participants shall be prohibited.


5. Ballots shall be issued to voters, referendum participants who are included in a list of voters, referendum participants against presentation of their passports or equivalent identity documents, and if a voter, referendum participant votes on the basis of an absentee certificate, against presentation of such absentee certificate.


6. When receiving a ballot, a voter, referendum participant shall write the series and number of his passport or equivalent identity document in the list of voters, referendum participants. With the consent of a voter, referendum participant or at his request, the series and number of the passport or equivalent identity document presented by him may be written in the list of voters, referendum participants by a voting member of the precinct commission. The voter, referendum participant shall verify the correctness of the entry and sign in the respective box of the list of voters, referendum participants for receipt of a ballot. In the event of voting on the basis of an absentee certificate, additional notes shall be made in the list of voters, referendum participants. In the event of voting with more than one ballot at a time, a voter, referendum participant shall sign for receipt of each ballot. The member of the precinct commission who issued a ballot (ballots) to a voter, referendum participant shall also sign in the relevant box of the list of voters, referendum participants.


7. A voter, referendum participant shall vote by putting any mark in the box (boxes) corresponding to the candidate (candidates) or a list of candidates chosen by the voter, and in a referendum ballot, by putting any mark in the box corresponding to the option chosen.


(Section 7 in the version of Federal Law of July 12, 2006, # 107-FZ)


8. A ballot shall be marked by a voter, referendum participant in a specially equipped booth or another specially equipped place where the presence of other persons shall not be allowed, save as otherwise provided by Section 10 of this article.


9. If a voter, referendum participant believes that he has made a mistake when marking a ballot, he may ask the commission member who had issued the ballot to give him a new ballot in place of the spoilt one. The commission member shall issue a new ballot to the voter, note this fact in the list of voters, referendum participants against the name of this voter. The spoilt ballot where the voting commission member makes the respective entry certifying the same by its signature, shall also be countersigned by the secretary of the precinct commission, whereupon such ballot shall be immediately cancelled,.


(in the version of Federal Law of July 21, 2005, # 93-FZ)


10. A voter, referendum participant who is not able to sign for receipt of a ballot or mark a ballot by himself, or participate at electronic voting, may be assisted by another voter, referendum participant who is not a member of the commission, or a registered candidate, or an authorized representative or agent of an electoral association, registered candidate, a referendum initiative group, or an observer. In this case, a voter shall orally inform the election commission of his intention to ask for assistance in marking the ballot or participating at electronic voting. The surname, first name and patronymic, series and number of the passport or an equivalent identity document of the person assisting such voter, referendum participant shall be indicated in the appropriate box (boxes) of the list of voters, referendum participants.


(Section 10 in the version of Federal Law of June 14, 2011, # 143-FZ)


11. Voters, referendum participants shall drop marked ballots into sealed (tamper-proof) ballot boxes or into the technical vote counting equipment, if such equipment is used.


12. A member of a precinct commission shall be immediately barred from participation in its work and an observer and other persons shall be expelled from the polling station if they commit a violation of a law governing the election, the referendum. In this case, a reasoned written decision to this effect shall be taken by the precinct or higher commission. The decision shall be taken in writing. The law enforcement authorities shall enforce the decision and take steps to bring the barred member of the precinct commission, expelled observer and other offenders to responsibility under the federal laws.


(in the version of Federal Law of July 21, 2005, # 93-FZ)


13. Registered candidates, electoral associations, members of referendum initiative groups and their agents or authorized representatives as well as the organizations, which are founded, owned, held by the said persons and organizations and/or which have leading bodies where the said persons and organizations are represented, other individuals and legal entities acting at the request or on the instructions of the said persons and organizations shall not take any actions to arrange for transportation of voters, referendum participants for participation in voting.


(in the version of Federal Law of July 21, 2005, # 93-FZ)


14. The law of a subject of the Russian Federation may provide for the possibility of voting by post for voters, referendum participants. In this case, these votes shall be deemed received by the relevant commission if delivered not later than the end of voting on voting day. The procedure for voting by post at elections of bodies of state power of subjects of the Russian Federation, bodies of local self-government, referendums of a subject of the Russian Federation, locals referendums shall, until this issue is regulated by a federal law, be established by the Central Election Commission of the Russian Federation.


15. In case of elections, referendum, instead of voting by means of ballots made in hardcopy, electronic voting may be held. The total number of electoral districts, referendum precincts where electronic voting is held, must not exceed 1 per cent of the number of electoral districts, referendum precincts formed in the territory where election, referendum is held, and if 1 per cent of the number of electoral districts, referendum precincts formed in the territory where election, referendum is held is less than five electoral district, referendum precinct, the said total number may not be less than five electoral district, referendum precincts. The decision to hold electronic voting shall be made by the Central Election Commission of the Russian Federation or upon the instruction thereof by the respective electoral commission of a Russian Federation subject. The procedure of electronic voting, counting of votes cast by voters, referendum participants, and the determination of vote returns in electoral districts, referendum precincts, the form of the precinct commission protocol on the vote returns as well as the specificities of the vote returns determination by the higher commissions and elections, referendum results determination subject to the electronic vote returns shall be established by the Central Election Commission of the Russian Federation.