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 65
 

(in the version of Federal Law of May 31, 2010, # 112-FZ)


1. In cases and in manner as provided by the law, the respective commission shall be entitled to allow the holding of early (but no earlier than 15 days prior to the voting day) voting of all voters, referendum participants in one or more electoral districts, referendum precincts formed in hard-to-reach or remote places, on ships at sea on the voting day, at polar stations. In cases and in manner as provided by the law, the respective commission shall be entitled to allow the holding, within several days, of early (but no earlier than 15 days prior to the voting day) voting of groups of voters, referendum participants in places located at significant distance from the polling premises, with absent or difficult transport communication (in hard-to-reach or remote places, on ships at sea on the voting day, at polar stations), where it is not possible therefore to hold early voting in general by electoral district, referendum precinct. In cases and in manner as provided by the law, when electing federal bodies of state power, bodies of state power of subjects of the Russian Federation, in a referendum of the Russian Federation, the Central Election Commission of the Russian Federation shall be entitled to allow the holding of early (but no earlier than 15 days prior to the voting day) voting of all voters, referendum participants in one or more electoral districts formed outside the territory of the Russian Federation, and/or the voting of groups of voters, referendum participants residing outside the territory of the Russian Federation. An early voting at elections of federal bodies of state power, bodies of state power of subjects of the Russian Federation, in a referendum of the Russian Federation, a referendum of a subject of the Russian Federation shall not be conducted for other reasons than those provided for hereby, as well as in manner similar to the procedure established by Sections 2-9 of this article.


2. In a Russian Federation subject referendum, a local referendum, if there is no absentee voting provided for, a voter, referendum participant who on voting day is absent from his place of residence and cannot come to the polling station in the electoral precinct, referendum precinct in which he was included in the list of voters, referendum participants for a valid reason (leave or vacation, business trip, hours of work or study, state or public duties, state of health) shall, if law does not allow voting by absentee certificates, be granted a possibility to vote early by marking a ballot at the premises of the relevant territorial commission, district election commission, municipality election commission (15 to 4 days before voting day), or the precinct commission (not earlier than three days before voting day). In case if the referendum vote day of a Russian Federation subject referendum, a local referendum coincides with the election voting day or Russian Federation referendum where the law provides for voting under absentee certificates, a referendum participant may vote early (but no earlier than 15 days prior to the voting day) at the premises of the commission issuing absentee certificates. A voter, referendum participant who votes early shall submit to the relevant commission an application stating the reasons for early voting. This application shall be attached to the list of voters, referendum participants who voted early. The commission shall ensure the secrecy of voting, prevent any possibility of the will of a voter, referendum participant being distorted, arrange for the safekeeping of the ballot and ensure that the vote cast by the voter, referendum participant will be counted when vote returns are determined. The commission shall be entitled to verify the cause indicated in the referendum participant’s application and in case of non-confirmation shall be obliged to refuse the issue of ballot.


3. If a voter, referendum participant votes at the premises of the territorial commission, district election commission, municipality election commission, signatures of two members of the commission certified by the commission's seal shall be put in the upper right corner on the face of the ballot issued to him. The territorial commission, district election commission, municipality election commission shall compile a list of voters, referendum participants who voted early. The said list, together with the ballots of early voting referendum participants shall be delivered to the precinct electoral commission that shall continue compiling such list in the respective precinct. If the early voting is only held in the precinct commission premises, the precinct commission shall compile the list of early voting referendum participants. The list of early voting referendum participants shall be annexed to the referendum participant list.


4. The ballot marked by a voter, referendum participant voting early shall be put by the voter, referendum participant into an envelope and the envelope shall then be sealed. Two voting members of, respectively, territorial commission, district election commission, municipality election commission or the precinct commission and non-voting members of the commission, observes (if they so desire) shall put their signatures on the envelope seam. The said signatures shall be certified by the seal of the respective commission and a signature of the voter, referendum participant who voted early.


5. The sealed envelope with ballots shall be kept by the secretary of the relevant commission in the office of the territorial commission, district election commission, election commission of the municipality until the time when all ballots are transferred to precinct commissions, and in the office of the precinct commission, until voting day.


6. Directly after the receipt of the ballots by the precinct commission, on the list of voters, referendum participants the surnames of voters, referendum participants who voted early in the premises of the territorial commission, election commission of municipality shall be marked with the words “Voted early” by the precinct commission. If a referendum participant votes early in the precinct commission premises, the said note shall be made in the referendum participant list at ballot issue.


7. On voting day, the chairman of a precinct commission, shall get ready the technological vote counting equipment, if such equipment is used, switch this equipment to the voting mode and officially open the polling station in the presence of members of the precinct commission, observers, other persons referred to in Section 3, Article 30 of this Federal Law. Before the commencement of voting, he shall announce the total number of voters, referendum participants who cast their votes early, including those who voted early at the premises of the territorial commission, district election commission, municipality election commission and shall produce for visual inspection the sealed envelopes with ballots and a list of voters, referendum participants who voted early. After this, the chairman of the precinct commission shall open each envelope in turn.


8. If the number of voters, referendum participants who voted early is more than one percent of the number of voters, referendum participants included in the list of voters, referendum participants in the electoral precinct, referendum precinct (but not less than ten voters, referendum participants), the ballots of voters, referendum participants who voted early shall be stamped on the back with the seal of the precinct commission immediately after the ballots are taken out of the envelopes.


9. After the performance of the actions described in Sections 6 and 7 of this article, the chairman of the precinct commission shall, while observing the secrecy of the expression of the voters', referendum participants' will, drop the ballots into a stationary ballot box or a technological vote counting equipment, if such equipment is used. If an envelope does not bear the required marks provided for by Section 4 of this article, or more than one ballot of the standard form established for the relevant district is taken out of the envelope, all ballots taken out from this envelope shall be declared invalid and a written statement shall be drawn up to this effect. An inscription stating the reasons for declaring a ballot invalid, certified by signatures of two voting members of the precinct commission and a seal of the precinct commission, shall be made on the face of each ballot in the boxes located to the right the option “Yes” and “No” (“Pro” and “Contra”). Article 66. Arrangements for Voters, Referendum Participants to Vote Outside Polling Station