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 71
 

(in the version of the Federal Law of July 25, 2011, # 263-FZ)


1. It may be established by law that if more than two candidates were included in the ballot and none of them received the number of votes required to be elected, the election commission organizing the election shall call a repeat voting of two or more candidates who received the largest number of votes. The organization and conduct of a repeat voting, including the order in which information about the candidates on whom repeat voting is to be conducted is arranged on the ballot shall be carried in accordance with law.


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


Paragraph became invalid - Federal Law of December 11, 2004, # 159-FZ


If a repeat voting is provided for by law, and the ballot of the main election contained two candidates and neither of them has received the number of votes required to be elected, the relevant election commission shall declare the election not to have taken place.


2. The candidate who received in the repeat voting the greater number of votes shall be considered elected in the repeat voting, as compared to the number of voters’ votes obtained by another candidate.


(Section 2 in the version of Federal Law of July 12, 2006, # 107-FZ)


3. If a candidate on whom the repeat voting is to be conducted has withdrawn his candidature or otherwise has ceased to be a candidate before voting day, on the basis of a decision taken by the election commission that determines the results of the election his place shall be passed on to the next, by the number of received votes, candidate who previously took part in the said election. If all other candidates have ceased to be candidates, the repeat voting shall be conducted on the one remaining candidate. In this case, the candidate shall be considered elected if he received at least 50 percent of the votes cast. In case of withdrawal of all candidates, reelections shall be held.


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


4. Became invalid. - Federal Law of July 21, 2005, # 93-FZ.


5. If an election was declared not to have taken place, invalid or if a candidate elected in a single-mandate or multi-mandate electoral district failed to resign his duties incompatible with the status of a deputy, and the candidate elected as elective official failed to resign his duties incompatible with the status of an elective official, as well as in the case provided by Section 5 of Article 70 of this Federal Law, then reelections shall be called by the body authorized to do so.


(Section 5 in the version of Federal Law of July 21, 2005, # 93-FZ)


6. By-elections to the federal body of state power shall be held within the terms established by the federal law. If the regular elections to the legislative (representative) body of state power of a Russian Federation subject, the representative authority of municipality, or principal elections of elective official of local self-government were held on the second Sunday of March and based on the results thereof the legislative (representative) body of state power of a Russian Federation subject or the representative authority of municipality was not formed in lawful composition or if the elective official of local self-government was not elected, the by-elections shall be held on the second Sunday of October in the year when the principal elections were respectively held to the said bodies, the principal elections of elective official of local self-government, and in the year of election of deputies to the State Duma of Federal Assembly of the Russian Federation of regular session – on the day of voting in such election. If the principal elections were appointed in connection with early termination of the powers of the said body, or of the deputies of the said body, or of the elective official of local self-government, the by-elections shall be held no later than in four months from the day when justification for the by-election is found. In the other cases the by-elections shall be held on the second Sunday of March or on the second Sunday of October, and in the year of election of deputies to the State Duma of Federal Assembly of the Russian Federation of regular session – on the day of voting in such election, but no later than in one year from the day when justification for the by-election is found. As by-elections are held, the terms of election actions may be reduced by a third by decision of the body authorized by law to do so. The decision on the calling of byelections shall be officially published no later than three days from the day when such decision was taken.


(in the version of Federal Laws of July 21, 2005, # 93-FZ, No.225-FZ dated December 05, 2006)


7. If a repeat election is called, the election commission organizing the election shall issue orders to either extend the term of powers of the precinct election commissions or form precinct election commissions with new members.


(Section 7 in the version of Federal Law of July 21, 2005, # 93-FZ)


8. If powers of a deputy elected in a single-mandate electoral district are terminated earlier, a by-election shall be called in the electoral district by the body authorized to do so by law. The by-elections shall be held on the second Sunday of March. If the said elections (including subject to the terms as provided for by Section 7 of Article 10 of this Federal Law) may not be appointed for the second Sunday of March, they shall be appointed for the second Sunday of October, and in the year of election of deputies to the State Duma of the Federal Assembly of the Russian Federation of regular session, they shall be appointed for the day of voting in such election. If powers of deputies causes the composition of the legislative (representative) body of state power of a Russian Federation subject, body of local self-government is such that it is not competent to exercise its powers, by-elections shall be held no later than in four months from the day of such early termination of powers, with the terms of election activities may be reduced by a third by decision of the body authorized by law to appoint by-elections.


(in the version of Federal Laws of July 21, 2005, # 93-FZ, of December 05, 2006, # 225-FZ)


9. If powers of a deputy elected in a multi-seat electoral district are terminated earlier, a by-election shall be called and conducted in the procedure specified in Section 8 of this article, if less than two thirds of deputy seats in the district are occupied. Other reasons for holding a by-election in a multi-seat electoral district to replace a deputy whose powers have been terminated may be established by law.


10. A repeat and/or by-election shall be called or conducted if, as a result of this election, a deputy cannot be elected for a term exceeding one year.


11. Became invalid. - Federal Law of December 05, 2006, # 225-FZ.


12. If as a result of early termination of deputy powers the composition of the legislative (representative) body of state power of Russian Federation subject or the representative body of municipality becomes such that it is not competent to exercise its powers, while as per Section 10 of this Article no by-elections are provided for, a new regular election shall be called to be held within the terms established by Section 4 of Article 10 of this Federal Law.


(Section 12 in the version of Federal Law of July 21, 2005, # 93-FZ)


13. No procedure may be established by law providing for that, if a decision to register a deputy elected in a single-seat or multi-seat electoral district, an elective official is cancelled, or if powers of such deputy or elective official are terminated before the expiration of his term, the election commission shall take a decision to register the candidate who received the next greatest number of votes as such deputy, elective official.


14. In case of early termination of powers of deputy elected within a candidate list, the transmission of vacant deputy seat shall be carried out by the election commission organizing the elections in manner as provided for by law. The deputy seat may not be transmitted to a registered candidate who has formerly received a deputy seat and whose powers were also terminated early, if his vacant deputy seat is not replaced.


(Section 14 implemented by Federal Law of July 25, 2011, # 263-FZ)


15. The law may stipulate that in case of early termination of powers of a deputy elected within a candidate list, the corporate permanent governing body of a political party in whose list of candidates such deputy was elected or (in accordance with the elections level) the corporate permanent governing body of its regional division or any other structural subdivision (if provided by the statute of the political party) in whose list of candidates such deputy was elected, is entitled to nominate for replacement of vacant deputy seat the candidacy of a registered candidate from the same list of candidates. If, pursuant to the law, the list of candidates is separated into regional groups of candidates, a candidacy may be offered only from the number of candidates included in such regional group of candidates (in the part of list of candidates not pertaining to any regional group of candidates) that the deputy with early termination powers belongs to. In case if the respective regional group of candidates (in the part of list of candidates not pertaining to any regional group of candidates) contains only registered candidates replacing deputy seats and/or registered candidates not replacing deputy seats and having notified in written form respectively to the corporate permanent governing body of political party, its regional division or any other subdivision about his refusal to replace such vacant deputy mandate, the said body of political party, its regional division or any other subdivision shall be entitled to nominate the candidacy of other regional group of candidates (from the part of candidates list not pertaining to any regional group of candidates).


(Section 15 implemented by Federal Law of July 25, 2011, # 263-FZ)


16. The candidacy of candidate registered for replacement, as per Section 15 of this Article, of a vacant deputy seat, may be nominated within 14 days from the time of making the decision on early termination of deputy powers by the respective legislative (representative) body of state power (the respective chamber of this body), the representative authority of municipality. The nomination of candidacy shall be carried out in manner as provided for by the statute of political party. The respective election commission shall transmit the vacant deputy seat to the registered candidate nominated by the corporate permanent governing body of political party, its regional division or other subdivision.


(Section 16 implemented by Federal Law of July 25, 2011, # 263-FZ)


17. The law may provide for the registered candidate included in the list of candidates being entitled to participate at the replacement (receipt) of deputy seats for no more than two times.


(Section 17 implemented by Federal Law of July 25, 2011, # 263-FZ)


18. A registered candidate included in the list of candidates and admitted for deputy seat allocation or in the list of candidates to which deputy seats were allocated as per the legislation of the Russian Federation, shall be excluded from the said list in the following cases:


a) submission by the registered candidate of written application requesting his exclusion from list of candidates;


b) loss of passive voting right by the registered candidate;


c) the registered candidate joining a political party other than the political party whose list of candidates he is included in;


d) failure of the registered candidate to fulfill the requirement as provided by Section 6 of Article 70 of this Federal Law (unless the law provides for the registered candidate being entitled to participate at the replacement (receipt) of deputy seats for no more than two times);


e) exercise by the registered candidate of the right to participate at the replacement (receipt) of deputy seats, including two times as per Section 17 of this Article (if the law provides for the registered candidate being entitled to participate at the replacement (receipt) of deputy seats for no more than two times);


f) the registered candidate being declared missing or deceased on the basis of enforced decision of the court;


g) demise of the registered candidate.


(Section 18 implemented by Federal Law of July 25, 2011, # 263-FZ)