Home > 2.1.1 Electoral commissions > 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 69
 

1. First original copies of protocol of vote returns of precinct commissions, territorial commissions, district election commissions, municipality election commissions, election commissions of subjects of the Russian Federation shall, immediately after they are signed by voting members of the commission and their certified copies and certified copies of the summary tables are issued to persons entitled to receive such copies or have such copies certified, be submitted to the higher commission for summing up of the data contained in the said protocols and consequent transfer of this data to the commission that determines the vote returns for the entire territory in which the election, the referendum was held and that establishes the results of the relevant election, referendum, including the commission organizing this election, referendum.


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


2. On the basis of the data of the protocol of vote returns, and after a preliminary verification of their correct execution, the higher commission shall determine the vote returns for the relevant territory, district, subject of the Russian Federation, the Russian Federation by summing up the data contained therein. The decision of the commission on the vote returns shall be formalized by a vote return protocol.


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


The receipt of protocols from lower commissions, summing up of the data from these protocols, and compilation of a protocol of vote returns for the relevant territory shall be performed at the same premises, and all actions by the commission related to the receipt of protocols from lower commissions, summing up of the data from these protocols, and compilation of the protocol of vote returns shall be within the fields of vision of the commission’s members and observers, other persons indicated in Section 3, Article 30 of this Federal Law. At the said premises there shall be an enlarged form of the summary table for the relevant territory into which the data from this protocol shall be entered and the time of the entering be indicated, immediately after the arrival of the chairman, secretary or another voting member of a lower commission with the first original copy of the protocol of vote returns.


The chairman, secretary or another voting member of a lower commission shall submit the first original copy of the protocol of vote returns and the documents appended thereto to a voting member of the higher commission who shall check the correctness of the protocol’s execution, the completeness of the appended documents and the matching of the control correlations.


If a protocol and/or summary table of a lower commission were compiled in violation of the requirements established by law for the compilation of a protocol and a summary table, the said commission shall compile a new protocol and/or summary table in accordance with the requirements of Section 8 of this article, and the initially submitted protocol and/or summary table shall be retained by the higher commission.


If a protocol and/or summary table of a lower commission were compiled in compliance with the requirements established by law for the compilation of a protocol and a summary table, a voting member of the higher commission shall enter the data from this protocol into the summary table of the higher commission. The chairman, secretary or another voting member of a lower commission that submitted the protocol of vote returns to the member of the higher commission shall put his signature in the enlarged form of the summary table under the data of the protocol of vote returns of the relevant commission.


The summing up of the data contained in protocols of vote returns of lower commissions shall be carried out by voting members of the higher commission in person.


3. On the basis of the data of the protocols of lower commissions, the higher commission shall compile a summary table and a protocol of vote returns (on the results of the election, referendum), whereto data shall be entered about the number of lower commissions in the respective territory, in the district, the subject of the Russian Federation, in the Russian Federation, the number of received protocols of lower commissions on the basis of which the said protocol was compiled, and the data summarized by lines of the protocol of vote returns of the precinct commission set forth by Section 2, Article 67 of this Federal Law. The vote return protocol (on election, referendum vote returns) shall also be completed with data on the number of absentee certificates issued to lower commissions, the number of unused absentee certificates cancelled by the respective commission, and the number of absentee certificates lost by the respective commission. The summary tables on vote returns (results of elections, referendum) as compiled by the commission (except for the commission directly higher to the precinct commission) shall also be completed with the data from the lower commission’s protocol on the number of absentee certificates issued to lower commissions, the number of unused absentee certificates cancelled by the respective commission, and the number of absentee certificates lost by the respective commission. To sign its protocol, the commission shall hold a mandatory final meeting at which any complaints (statements) received by the commission and related to the conduct of voting, vote counting, and execution of lower commissions’ protocols shall be considered. After this, the commission shall sign a protocol of vote returns (of the results of the election, referendum) and issue copies of this protocol to persons referred to in Section 3, Article 30 of this Federal Law. The protocol of vote returns (of the results of the election, referendum) shall be compiled in two original copies and signed by all present voting members of the commission, and indicate the date and time (hour, minute) of its signing. Signing of a protocol in violation of this procedure shall constitute grounds for invalidating this protocol.


(in the version of Federal Laws of October 04, 2010, # 263-FZ, of July 25, 2011, # 262-FZ)


4. The protocols of vote returns of the commissions referred to in Section 1 of this article shall be appended with a summary table of vote returns, compiled in two original copies, for the relevant territory, district, subject of the Russian Federation, the Russian Federation, which shall include full data from all protocols of vote returns received by the relevant commission. A voting member of the commission who dissents from a whole protocol or any part thereof may attach his dissenting opinion to the protocol and this fact shall be noted in the protocol.


5. The first original copy of the protocol shall be appended with dissenting opinions of members of the commission that compiled the protocol and any complaints (statements) against violations of this Federal Law, another law received by the commission in the period beginning on voting day and ending on the day of compilation of the relevant protocol of vote returns, as well as decisions made with regard to such complaints (statements).


6. The second original copy of the protocol of vote returns, together with the second original copy of the summary table of vote returns, lists of non-voting members of the commission that compiled the protocol, observers, other persons referred to in Section 3, Article 30 of this Federal Law who were present at the determination of vote returns and at the preparation of the relevant protocols, as well as the other documents provided for by this Federal Law shall be kept by the secretary of the said commission and stored in a guarded room.


7. The second original copy of the protocol of vote returns together with the second original copy of the summary table of vote returns shall be provided for inspection and copying by members of the commission that compiled the protocol, observers, other persons referred to in Section 3, Article 30 of this Federal Law, and a certified copy of the protocol shall be displayed to the general public


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


8. If after the protocol of vote returns and/or summary table of vote returns were signed and their first original copies were sent to the higher commission, the commission that sent the protocol and the summary table, or a higher commission discover, in the course of a preliminary inspection finds an inaccuracy (including a slip of the pen, misprint, error in the summation of the data of protocols of territorial election commissions), the commission that sent the protocol and the summary table shall be entitled to consider, at its meeting, the question of making corrections in the lines 1-11 (if the law provides for absentee voting – in the lines 11a-11e), 11g and 11h of the protocol and/or in the summary table. The commission’s decision shall be made known to its non-voting members, observers and other persons who were present at the preparation of the previously approved protocol, and representatives of the mass media. In such case, the commission shall compile a protocol of vote returns and/or a vote returns summary table marked with the word “Repeat.” The said protocol and/or summary table shall be promptly sent to the higher commission. The violation of the above procedure of preparation of a repeat protocol and repeat summary table shall constitute grounds for invalidating this protocol. In case if alterations are required to the line 12 and subsequent lines of the vote returns protocol, the votes shall be recounted in manner as established by Section 9 of this Article.


(in the version of Federal Law of July 21, 2005, # 93-FZ, of October 10, 2010, # 263-FZ)


9. If any mistakes, discrepancies are discovered in protocols of vote returns and/or summary tables of vote returns, if any doubts arise about the correctness of the compilation of the protocols and/or summary tables received from a lower commission, the higher commission shall be entitled, not later than one day before the expiration of the period for determining the results of the election, referendum established by law, to take a decision to conduct a recount the votes cast by voters, referendum participants by the lower commission or a recount of the votes cast by voters, referendum participants by this higher commission itself for the relevant electoral precinct, referendum precinct, the relevant territory. A recount of votes cast by voters, referendum participants shall be conducted in the presence of voting member (members) of the higher commission by the commission that compiled and approved the protocol that is subject to the verification or the commission that made the decision to recount the votes cast by voters, referendum participants, and non-voting members of the relevant commission, observers, candidates, other persons indicated in Section 3, Article 30 of this Federal Law who are entitled to attend a recount of votes cast by voters, referendum participants shall receive mandatory notification of such recount. On the basis of the results of the recount of votes cast by voters, referendum participants, the commission that conducted such recount shall compile a protocol of vote returns marked with the words “Vote recount.” Its certified copies shall be issued to observers, other persons indicated in Section 3, Article 30 of this Federal Law. The protocol shall be sent to the higher commission forthwith. The said recount may be carried out until the higher commission determines the vote returns, election results in election, referendum, and compiles a protocol of vote returns, election results, referendum.