Procedure for removal of the chairperson, deputy chairperson of the electoral commission, secretary of the commission from their positions, and for early termination of powers of member of the commission

1. The powers of the chairperson, deputy chairperson of the Central Electoral Commission or the secretary of the Commission shall be deemed terminated, where he or she has submitted an application for recusal from that position.

In case of recusal from the position of the chairperson of the Central Electoral Commission the membership to the Commission thereof shall be terminated, and in case of recusal from the positions of the deputy chairperson of the Central Electoral Commission or the secretary of the Commission, the membership of the deputy chairperson or the secretary to the Commission shall not be terminated.

Application for recusal of the chairperson of the Central Electoral Commission shall be submitted to the President of the National Assembly, and the application for recusal from the positions of the deputy chairperson of the Central Electoral Commission or the secretary of the Commission shall be submitted to the chairperson of the Central Electoral Commission.

2. The fact of early termination of powers of the chairperson of the Central Electoral Commission shall be stated by the President of the National Assembly no later than within 3 days after the receipt of the application, the announcement thereon shall be made at the upcoming sitting of the National Assembly. The powers of the chairperson of the Central Electoral Commission shall be deemed early terminated upon statement of the fact by the President of the National Assembly.

The fact of withdrawal from the positions of the deputy chairperson of the Central Electoral Commission or the secretary of the Commission shall be stated by the chairperson of the Central Electoral Commission no later than within 3 days after the receipt of the application.

3. Deputy chairperson of the Central Electoral Commission and secretary of the Commission may be removed from the positions thereof upon a decision adopted by at least 2/3 of the votes of the total number of members of the Commission.

In cases referred to in this part, the membership of the deputy chairperson of the Central Electoral Commission or the secretary of the Commission to the Commission shall not be terminated.

4. The powers of the chairperson, deputy chairperson of the district electoral commission or the secretary of the commission shall be deemed terminated, if he or she has submitted an application for recusal from that position.

Chairperson, deputy chairperson of district electoral commission and secretary of the commission may be removed from the positions thereof upon a decision adopted by at least 2/3 of the votes of the total number of members of commission.

In cases referred to in this part, the commission membership of the chairperson, deputy chairperson of the district electoral commission or the secretary of the commission shall not be terminated.

5. Chairperson and secretary of precinct electoral commission may be removed from their positions upon a decision adopted by at least 2/3 of the votes of the total number of members of commission, only as a result of such an obvious omission on the day preceding the voting day or on the voting day, which may jeopardise the preparation of the voting, the smooth process of voting or the summarising of voting results. In that case the chairperson or the secretary of precinct electoral commission shall be appointed by the chairperson of district electoral commission from the composition of precinct electoral commission.

6. Powers of a member of electoral commission shall terminate early:

(1) where he or she is not eligible for appointment to the electoral commission;
(2) where a member of the Central Electoral Commission or district electoral commission has submitted an application for recusal from the position of member of commission;
(3) where the chairperson, secretary of precinct electoral commission or member of the commission has submitted an application for recusal from that position. Such application may be submitted to the chairperson of district electoral commission on the 5th day preceding the voting day, by 18:00;
(4) where he has been drafted.
(5) where he or she is convicted of crimes, as well as intentionally committed crimes of medium gravity, grave or particularly grave crimes provided for by Articles 149-154.6 of the Criminal Code of the Republic of Armenia, or detention as a measure of restraint has been imposed on him or her, or he or she has been sentenced to detention or imprisonment.

In cases provided for by points 1-5 of this part, the fact of early termination of powers in case of members of district and precinct electoral commissions shall be stated by the chairperson of a higher level commission.

The fact of early termination of powers of member of the Central Electoral Commission shall be stated by the President of the National Assembly no later than within 3 days after the receipt of the application, the announcement thereon shall be made at the forthcoming sitting of the National Assembly. The powers of a member of the Central Electoral Commission shall be deemed early terminated upon statement of the fact by the President of the National Assembly.

7. Where the member of district electoral commission has grossly violated provisions of this Code or has had 3 or more unexcused absences from the regular sittings of the district electoral commission within 3 calendar months, his or her powers may be terminated upon a decision adopted by at least 2/3 of the votes of the total number of members of the Central Electoral Commission.

8. District electoral commission may early terminate the powers of the member of precinct electoral commission upon a decision adopted by at least 2/3 of the votes of the total number of members of commission, if he or she has grossly violated the provisions of this Code (except for the case of unexcused absence from the regular sittings of the precinct electoral commission). Such a request may be submitted to a district electoral commission by the chairperson of district electoral commission, by the political party having appointed him or her to the precinct electoral commission or the member of district electoral commission having nominated him or her.