§ Article 70(untitled)

rocedure of Establishment of the Results of Elections, Referendums

 1. On the basis of the first original copies of the protocol of voting results received from
subordinate commissions, a commission duly authorized by the law shall establish the results
of elections, referendum. Voting members of such commission shall establish the results of
elections, referendum in person. The results of elections, referendum shall be indicated in a
protocol and a summary table that shall be compiled in two original copies each and signed by
all present voting members of this commission. Commission takes decision on the results of
elections, referendum on the basis of the protocol of results of elections, referendum.
(as amended by the Federal Law of July 21, 2006, No.93-FZ)

 2. Elections are invalidated by corresponding election commission if:
 a) ceased to be in force. – The Federal Law of December 5, 2006, No.225-FZ;
 b) in accordance with Clause 35, Article 38 of this Federal Law voting was conducted
for on candidacy and corresponding candidate received less than 50 percent of votes of voters
participated in voting;
(Paragraph “b” as amended by the Federal Law of July 12, 2005, No.107-FZ)
 c) less than two lists of candidates during voting for lists of candidates received the right
to be admitted to distribution of deputy seats in accordance with the law;
 d) during voting for lists of candidates that received the right to be admitted to
distribution of deputy seats in accordance with the law, such lists of candidates received in total
50 or less percent of votes of voters participated in voting in single electoral district. The law
may increase this percent;
(as amended by the Federal Law of July 21, 2005, No.93-FZ)
 e) all candidates were removed as a result of a repeat voting;
 f) also in the case referred to in the third paragraph, Clause 1, Article 71 of this Federal
Law.
 No any additional grounds for invalidating elections shall be established by the law.

 21 The number of voters, referendum participants that took part in voting is determined
on the basis of the number of standard ballots that ballot boxes contain. The number of
referendum participants that took part in referendum is determined by the number of signatures
of referendum participants in the list of referendum participants that voted at polling station on
the voting day, and by the number of notes in the list of referendum participants stating that
referendum participant voted outside polling station or voted earlier.
(Clause 21 as amended by the Federal Law of December 5, 2006, No.225-FZ)

 3. Ceased to be in force. – The Federal Law of December 5, 2006, No.225-FZ.
 - 141 - CDL-REF(2012)008

 4. A law, save the case stated in Clause 1, Article 71 of this Federal Law, shall not
contain any provisions that allow a possibility to declare a candidate who gained the largest
number of votes as not elected if elections were recognized as valid and taken place.
(as amended by the Federal Law of July 12, 2006, No.107-FZ)

41 Each list of candidates admitted to distribution of deputy seats in accordance with the law
shall be provided at least one deputy seat.
(Clause 41 introduced by the Federal Law of April 22, 2010, No.63-FZ)

 5. If after tabulating the voting results in multi-seat electoral districts not all seats are
taken, a repeat election shall be called with regard to the vacant seats.
(Clause 5 as amended by the Federal Law of July 12, 2006, No.107-FZ)

 6. Upon establishing the elections results corresponding election commission shall
inform a registered candidate that was elected a deputy, elective official to this effect, after
which in five days period he shall submit to corresponding election commission a copy of the
order (other document) on relieving him from duties incompatible with the status of a deputy,
elective official, or copies of documents certifying submission of application to be relieved of
such duties in the established period of time.
(as amended by the Federal Law of July 21, 2005, No.93-FZ, of July 25, 2011, No.263-FZ)

 61 If a registered candidate elected as deputy for single-seat (multi-seat) electoral
districts or an elective official fails to meet the requirement established by Clause 6 of this
Article, corresponding election commission will cancel its decision on recognition of such
candidate elected.
(Clause 61 introduced by the Federal Law of July 25, 2011, No.263-FZ)

 62 If a registered candidate elected as deputy for single-seat (multi-seat) electoral
districts or an elective official fails to meet the requirement established by Clause 6 of this
Article, his deputy seat is given to another registered candidate in the order established by the
law.
(Clause 62 introduced by the Federal Law of July 25, 2011, No.263-FZ)

 7. It may be provided for by the law that, if a candidate without compelling
circumstances did not resign any powers that are incompatible with the status of a deputy,
elective official, as a result of which a repeat election was called, this deputy must reimburse, in
full or in part, corresponding election commission for its costs related to the conduct of the
repeat election. Such law shall also contain a list of circumstances under which such
reimbursement shall not be made.

 8. A referendum shall be invalidated by corresponding referendum commission if not
more than half of the referendum participants included in referendum participant lists took part
in it in the territory where the referendum was conducted. Corresponding referendum
commission shall declare that a decision has not been adopted at a referendum if not more
than half of the referendum participants who took part in voting at the referendum voted for this
decision. No other grounds for invalidating a referendum shall be established by the law of the
subject of the Russian Federation.

 9. Corresponding commission shall invalidate voting results, results of elections,
referendum of the subject of the Russian Federation, a local referendum:
 a) if violations committed when voting was conducted or voting results were established
do not make it possible to determine reliably the results of the expression of the will of the
voters, referendum participants;
 b) if they were invalidated in some election precincts, referendum precincts where by
the time of the end of voting the lists of voters, referendum participants aggregately contain not
CDL-REF(2012)008 - 142 -

less than one fourth of the total number of voters, referendum participants included in the lists
of voters, referendum participants by the time of the end of voting in corresponding electoral
district, referendum district;
 c) in accordance with a court decision.

 10. Documents of commissions of all levels, including signature lists with signatures of
voters, referendum participants, ballots, absentee certificates and lists of voters, referendum
participants shall be stored for the periods established by the law. Such periods established for
safekeeping of signature lists with signatures of voters, referendum participants, ballots,
absentee certificates and lists of voters, referendum participants shall not be shorter than one
year from the day of the publication of voting results and the results of elections, referendum.
Established period for safekeeping of absentee certificates shall not be shorter than the period
of safekeeping of lists of voters, referendum participants. Established periods for safekeeping of
protocols of voting results and summary tables of voting results of election commissions shall
not be shorter than one year from the day on which the next election of the same level is
announced, and those of referendum commissions, shorter than five years from the day of
publication of the voting results. If any appeals against a commission’s decision on voting
results, the results of elections, a referendum are considered by a court, or any criminal action
is initiated in relation to violation of electoral rights, the right of citizens of the Russian
Federation to participate in a referendum, the periods for safekeeping of corresponding election
documents, referendum documents shall be extended until the court decision becomes
effective (the case is dropped in accordance with the law). The responsibility for safekeeping of
election documents, referendum documents shall be vested on the chairman (deputy chairman)
and the secretary of corresponding commission until the documents are submitted to superior
commission or transferred to an archive.
(as amended by the Federal Law of October 4, 2010, No.263-FZ)

 11. The procedure for safekeeping, transfer to an archive, and destruction of election
documents, referendum documents shall be approved by the Central Election Commission of
the Russian Federation, election commissions of the subjects of the Russian Federation in
coordination with corresponding state archive authorities.