Home > 2.4 Complaints and appeals > RUSSIAN FEDERATION - Federal Law on Presidential Elections in the Russian Federation
 
 
 
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Article 75
 

1. Based on the data of the first copies of the voting results minutes of the Territorial Election Commissions the Election Commission of the subject of the Russian Federation shall determine voting results obtained in the territory of the subject of the Russian Federation after preliminary check whether such minutes have been drawn up properly within five days from a polling day by way of summarization of the data contained therein. Summarization of the data contained in the voting results minutes of the Territorial Election Commissions shall be performed by members of the Election Commission of the subject of the Russian Federation having the right of casting vote.


2. Acceptance of the voting results minutes of the Territorial Election Commissions, summarization of the data contained therein and drawing up the minutes of voting results obtained in the territory of the subject of the Russian Federation shall be performed in same premise, at that all actions of the members of the Election Commission of the subject of the Russian Federation concerning Territorial Election Commissions minutes acceptance, summarization of the data contained therein and drawing up the minutes of voting results obtained in the territory of the subject of the Russian Federation shall be carried out within sight of the members of the Election Commission of the subject of the Russian Federation, observers and other persons set forth in clause 5 of article 23 of this Federal Law. There should be an oversize summary table of the Election Commission of the subject of the Russian Federation, into which, immediately after arrival of the chairman, secretary or any other member of the Territorial Election Commission having the right of casting vote and first copy of the voting results minutes of the Territorial Election Commission, the data contained in such minutes shall be entered and these data entry time shall be filled therein.


3. The chairman, secretary or any other member of the Territorial Election Commission having the right of casting vote shall submit the first copy of the voting results minutes of the Territorial Election Commission along with the documents attached thereto to a member of the Election Commission of the subject of the Russian Federation having the right of casting vote that is to check out whether the minutes are properly drawn up, the documents attached thereto are complete and control correlations are performed.


4. If the voting results minutes and (or) the summary table of the Territorial Election Commission are performed with non-compliance with the requirements of this Federal Law to the minutes and (or) summary table drawing up procedure, the Territorial Election Commission shall draw up a repeated minutes and (or) summary table in accordance with the requirements of clause 15 of article 74 of this Federal Law, at that the minutes submitted at first time and (or) summary table shall be kept in the Election Commission of the subject of the Russian Federation.


5. If the voting results minutes and (or) the summary table of the Territorial Election Commission are performed with compliance with the requirements of this Federal Law to the minutes and (or) summary table drawing up procedure, a member of the Election Commission of the subject of the Russian Federation shall enter this minutes data into the summary table of the Election Commission of the subject of the Russian Federation. The chairman, secretary or other member of the Territorial Election Commission having the right of casting vote, that forwarded the voting results minutes to the member of the Election Commission of the Russian Federation, shall sign the oversize summary table of the Election Commission of the subject of the Russian Federation below the data of the voting results minutes of the Territorial Election Commission.


6. The Election Commission of the subject of the Russian Federation shall, based on the voting results minutes of the relevant Territorial Election Commissions, record a decision on voting results in the minutes of voting results obtained in the territory of the subject of the Russian Federation, where the following data are to be entered into:
(as amended by Federal Law No. 93-FZ as of July 21, 2005)
1) number of the Territorial Election Commissions in the territory of the subject of the Russian Federation;
2) number of the voting results minutes of the Territorial Election Commissions on the basis of which such voting results minutes is drawn up;
3) number of election precincts, voting results of which were declared invalid and total number of electors on the lists of electors attended these election precincts at the end of election;
4) data summarized according to all lines contained in the voting results minutes of the Territorial Election Commissions;
5) number of absentee certificates received by the Election Commission of the subject of the Russian Federation, number of absentee certificates issued to the subordinated Territorial Election Commissions, number of used absentee certificates that remained in the Election Commission of the subject of the Russian Federation (in case of vote recount — number of unused absentee certificates invalidated by the Election Commission of the subject of the Russian Federation), number of absentee certificates lost by the Election Commission of the subject of the Russian Federation.
(clause 5 is introduced by Federal Law No. 263-FZ as of October 4, 2010)


7. To sign the minutes of the voting results obtained in the territory of the subject of the Russian Federation the Election Commission of the subject of the Russian Federation shall hold a close out meeting at which the complaints (statements) received by the Commission and connected with taking ballots, vote recount and drawing up the minutes by the subordinated Commissions are to be examined. After this the Election Commission of the subject of the Russian Federation shall sign the voting results minutes and submit its certified copies to the persons set forth in clause 5 of article 23 of this Federal Law. The voting results minutes of the Election Commission of the subject of the Russian Federation shall be drawn up in two copies and signed by all present members of the Election Commission of the subject of the Russian Federation having the right of casting vote, and date and time (hour and minutes) of its signing shall be filled therein. Violation of the minutes signing procedure shall be deemed to be the grounds for declaration it invalid. The member of the Election Commission of the subject of the Russian Federation having the right of casting vote, that objects to the entire voting results minutes or its separate provisions may attach a dissenting opinion to such minutes having made the relevant note therein.
(as amended by Federal Law No. 93-FZ as of July 21, 2005)


8. The following documents shall be appended to each of the minutes copies:
1) summary table of voting results that includes complete data of all the voting results minutes received from the Territorial Election Commissions. The data of the voting results minutes of the Territorial Election Commissions on a number of absentee certificates received by the relevant Territorial Election Commissions, number of absentee certificates issued to the subordinated Precinct Election Commissions, number of unused absentee certificates invalidated by the relevant Territorial Election Commission and number of absentee certificates lost in the relevant Territorial Election Commission shall be entered into the summary table of voting results; (as amended by Federal Law No. 262-FZ as of July 25, 2011)
2) deed of transfer of ballots by the Election Commission of the subject of the Russian Federation to the Territorial Election Commissions with an indication of a number of these ballots;
(clause 2 as amended by Federal Law No. 93-FZ as of July 21, 2005)
3) deeds of issue of absentee certificates to the Territorial Election Commissions and of invalidation of unused absentee certificates (in case of repeat voting) with an indication of the date and numbers of these absentee certificates.
(as amended by Federal Law No. 263-FZ as of October 4, 2010)


9. The summary table and deeds mentioned in clause 8 of this article shall be signed by the chairman and secretary of the Election Commission of the subject of the Russian Federation.


10. Dissenting opinions of the members of the Election Commission of the subject of the Russian Federation as well as complaints (statements) against violation of this Federal Law received by the Election Commission of the subject of the Russian Federation in the period between a polling day and the day of drawing up the voting results minutes by the Election Commission of the subject of the Russian Federation as well as the decisions made thereon shall be appended to the first copy of the voting results minutes of the Election Commission of the subject of the Russian Federation. Certified copies of dissenting opinions, complaints (statements) and decisions of the Election Commission of the subject of the Russian Federation shall be appended to the second copy of the minutes.


11. The first copy of the minutes of the Election Commission of the subject of the Russian Federation with the documents attached thereto shall be immediately after signing the minutes and summary table directed to the Central Election Commission of the Russian Federation and shall not be a subject to return to the Election Commission of the subject of the Russian Federation.


12. The second copy of the voting results minutes of the Election Commission of the Russian Federation, second copies of the summary table and deeds set forth in clause 8 of this article shall be submitted for examination to the members of the Election Commission of the subject of the Russian Federation and members of the Central Election Commission of the Russian Federation having the right of consultative vote, persons set forth in clause 5 of article 23 of this Federal Law and certified copies thereof shall be put up for general public in place determined by the Election Commission of the subject of the Russian Federation. (as amended by Federal Law No. 93-FZ as of July 21, 2005)


13. The second copy of the voting results minutes of the Election Commission of the subject of the Russian Federation along with the second copies of the summary table and deeds specified in clause 8 of this article, as well as the lists of the members of the Election Commission of the subject of the Russian Federation having the right of consultative vote, persons set forth in clause 5 of article 23 of this Federal Law that were present at determination of the voting results and drawing up the minutes, the minutes of the Territorial Election Commissions and Precinct Election Commissions, and other documents provided for by this Federal Law shall be kept in files of the secretary of the Election Commission of the subject of the Russian Federation.


14. If, after signing of the voting results minutes of the Election Commission of the subject of the Russian Federation and (or) summary table and direction of their first copies to the Central Election Commission of the Russian Federation, the Election Commission of the subject of the Russian Federation, that drew up the minutes and summary table, or the Central Election Commission of the Russian Federation finds out any discrepancies therein (including a slip of pen, misprint or error in summarization of the data contained in the minutes of the Territorial Election Commissions) during the preliminary check out, the Election Commission of the subject of the Russian Federation shall consider the question of emendation of the minutes and (or) summary table at its meeting. The Election Commission of the subject of the Russian Federation shall point it out that this question is to be considered at the meeting it informs of. The Election Commission of the subject of the Russian Federation shall inform its members having the right of consultative vote, observers and other persons being present at drawing up the approved minutes and mass media representatives of the decision made. In this instance the Election Commission of the subject of the Russian Federation shall draw up the voting results minutes and (or) summary table marked: “Repeated”. The mentioned minutes and (or) summary table shall be immediately directed to the Central Election Commission of the Russian Federation. The minutes and (or) summary table submitted to the Central Election Commission of the Russian Federation shall be appended to the repeated minutes and (or) summary table. Violation of the mentioned procedure for drawing up a repeated minutes and (or) summary table shall be the grounds for declaration of this minutes invalid.
(as amended by Federal Law No. 93-FZ as of July 21, 2005)


15. In case errors or discrepancies are found out in the voting results minutes or in case of doubts are arisen whether the minutes received from subordinated Election Commissions have been properly drawn up, the Election Commission of the subject of the Russian Federation may make a decision on electors vote recount in the relevant election precinct of the relevant territory. This vote recount can be performed before the Election Commission of the
subject of the Russian Federation has determined voting results and drawn up the voting results minutes. (as amended by Federal Law No. 93-FZ as of July 21, 2005)


16. In the case set forth in clause 15 of this article electors votes recount shall be performed in the presence of a member (members) of the Election Commission of the subject of the Russian Federation having the right of casting vote by the Election Commission that drew up and approved the voting results minutes being a subject of check out, or by the superior Territorial Election Commission, Election Commission of the subject of the Russian Federation. The Election Commission that performs electors votes recount shall inform of it the members of the relevant Election Commission, registered candidates or their agents, other persons set forth in clause 2 of article 23 of this Federal Law that have the right to be present during electors votes recount. Following the results of the electors votes recount the Election Commission performed such recount shall draw up the voting results minutes and mark it: "Votes recounted”. Prepared and certified copies of this minutes shall be issued to observers and other persons set forth in clause 5 of article 2of this Federal Law. If this minutes is drawn up by the subordinated Election Commission, it shall be immediately forwarded to the Election Commission of the subject of the Russian Federation. The voting results minutes submitted by the Precinct Election Commissions and Territorial Election Commissions shall be appended to the minutes drawn up on the basis of the results of the electors votes recount. Violation of the said procedure for drawing up the voting results minutes marked: "Votes recounted" shall be deemed to be the grounds for declaration of the minutes invalid. The voting results minutes drawn up by the superior Election Commission shall be amended based on the voting results minutes marked: "Votes recounted". (as amended by Federal Law No. 93-FZ as of July 21, 2005)