epeat Voting and Repeat Elections. By-Elections. Taking of Vacant Deputy Seats, Removal of Registered Candidates out of Lists of Candidates Admitted to Distribution of Deputy Seats, out of Lists of Candidates that Received Deputy Seats in Accordance with the Legislation of the Russian Federation (as amended by the Federal Law of July 25, 2011, No.263-FZ) 1. It may be established by the 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, corresponding election commission shall call a repeat voting for two or more candidates who received the largest number of votes. Organization and conduct of a repeat voting, including the order in which information on the candidates for whom repeat voting is to be conducted is arranged in the ballot shall be carried in accordance with the law. (as amended by the Federal Law of July 21, 2005, No.93-FZ) Indent ceased to be in force. – The Federal Law of December 11, 2004, No.159-FZ. If a repeat voting is provided for by the law and the ballot of the main election contained two candidates and neither of them received the number of votes required to be elected, corresponding election commission shall invalidate such elections. 2. The candidate who received in the repeat voting the greater number of votes with regards to the number of votes received by another candidate shall be considered elected on the basis of the repeat voting. (Clause 2 as amended by the Federal Law of July 12, 2006, No.107-FZ) - 143 - CDL-REF(2012)008 3. If a candidate on whom the repeat voting is to be conducted has withdrawn his candidature or otherwise dropped out before the voting day, on the basis of a decision taken by the election commission that establishes the results of the election his place shall be passed on to the next candidate with regards of received votes who previously took part in the said election. If all next candidates dropped out, the voting shall be conducted for one remaining candidate. In this case the candidate shall be considered elected if he received at least 50 percent of the votes cast. If all candidates dropped out, repeat elections shall be conducted. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 4. Ceased to be in force. – The Federal Law of July 21, 2005, No.93-FZ. 5. If elections were invalidated or a candidate elected in a single-seat or multi-seat electoral district failed to resign his duties incompatible with the status of a deputy, and a candidate elected as elective official failed to resign his duties incompatible with the status of an elective official, as well as in case referred to in Clause 5, Article 70 of this Federal Law, a body authorized by the law shall call repeat elections. (Clause 5 as amended by the Federal Law of July 21, 2005, No.93-FZ) 6. Repeat elections to federal body of state power shall be called in the procedure and within the period established by corresponding federal law. If main election to legislative (representative) body of state power of the subject of the Russian Federation, representative body of municipal formation or main election of elective official of body of local self-government were conducted on the second Sunday of March, and as the result legislative (representative) body of state power of the subject of the Russian Federation or representative body of municipal formation was not formed in quorum or elective official of body of local self- government was not elected, repeat elections shall be conducted on the second Sunday of October of the year when main elections to given body, main elections of elective official of body of local self-government were conducted, and in the year of election of deputies of the State Duma of the Federal Assembly of the Russian Federation of the next convocation – on the voting day at such election. If main elections were called in connection with early termination of powers of given body or deputies of given body or elective official of body of local self-government, repeat elections shall be conducted not later than in four months after occurrence of grounds for repeat elections. In other cases repeat elections are conducted on the second Sunday of March or the second Sunday of October, and in the year of election of deputies of the State Duma of the Federal Assembly of the Russian Federation of the next convocation – on the voting day at such election, but not later than in one year after occurrence of grounds for repeat elections. During repeat elections term of election activity by decision of the body authorized by the law to call repeat elections may be reduced by one third. Decision to call repeat elections shall be published not later than in three days after it was taken. (as amended by the Federal Law of July 21, 2005, No.93-FZ, of December 5, 2006, No.225- FZ) 7. If a repeat election is called when the powers of district and precinct election commission are not expired, election commission organizing the election shall issue orders to either extend the term of powers of these election commissions or form these election commissions with new members. (Clause 7 as amended by the Federal Law of July 21, 2005, No.93-FZ) 8. If powers of a deputy elected in a single-seat electoral district are terminated earlier, a body authorized by the law shall call by-election in the electoral district. By-election shall be conducted not later than in one year after the day of early termination of powers of such deputy. By-election shall be conducted on the second Sunday of March. If these elections (with account of terms established by Clause 7, Article 10 of this Federal Law) cannot be called for the second Sunday of March, they are called for the second Sunday of October, and in the year of election of deputies of the State Duma of the Federal Assembly of the Russian Federation of CDL-REF(2012)008 - 144 - the next convocation – on the voting day at such election. If as the result of early termination of deputy powers a legislative (representative) body of state power of the subject of the Russian Federation lost its quorum, by-election shall be conducted not later than in four months from the day of such early termination of powers, and term of election activity by decision of the body authorized by the law to call by-election may be reduced by one-third. (as amended by the Federal Laws of July 21, 2005, No.93-FZ, of December 5, 2006, No.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 established by Clause 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 not be called or conducted if, as a result of this election a deputy cannot be elected for a term exceeding one year. 11. Ceased to be in force. – The Federal Law of December 5, 2006, No.225-FZ. 12. If as the result of early termination of deputy powers a legislative (representative) body of state power of the subject of the Russian Federation, representative body of municipal formation lost quorum, and conduct of by-election in accordance with Clause 10 of this Article is not established, new main elections shall be called and conducted in terms established by Clause 4, Article 10 of this Federal Law. (Clause 12 as amended by the Federal Law of July 21, 2005, No.93-FZ) 13. No procedure may be established by the law in accordance with which in case a decision to refuse registration of deputy elected in single-seat or multi-seat electoral district, elective official is cancelled, as well as in case of early termination of powers of such deputy and elective official, an election commission decides on registration of the person next in terms of received votes as deputy, elective official. 14. In case of early termination of powers of deputy elected within the list of candidates, a vacant deputy seat is given to another person by election commission organizing elections in the order established by the law. Deputy seat cannot be given to a registered candidate who received a deputy seat previously and terms of powers of which were also terminated earlier if his vacant deputy seat is not taken. (Clause 14 as amended by the Federal Law of July 25, 2011, No.263-FZ) 15. The law may establish that in case of early termination of powers of deputy elected within the list of candidates, a collegiate and permanent leading body of political party within which list of candidates this deputy was elected, or (according to elections level) a collegiate permanent leading body of its regional branch or other structural subdivision (if that is stipulated by the statute of political party) within which list of candidates this deputy was elected, is entitled to propose a registered candidate out of the same list of candidates to be given a vacant deputy seat. If by the law the list of candidates is divided into regional groups of candidates, a candidate may be proposed only out of the number of candidates included in the same regional group of candidates (out of candidates not included in any regional groups of candidates) as the candidate whose powers were early terminated. If there are only registered candidates with deputy seats in corresponding regional group of candidates (part of the list of candidates not included in any regional groups of candidates) and (or) registered candidates who were not given deputy seats and informed a collegiate permanent leading body of political party, its regional branch or other structural subdivision in written on their refusal to take this vacant deputy seat, the said body of political party, its regional branch or other structural subdivision is - 145 - CDL-REF(2012)008 entitled to propose another registered candidate out of different regional group of candidates (part of the list of candidates not included in any regional groups of candidates). (Clause 15 introduced by the Federal Law of July 25, 2011, No.263-FZ) 16. Candidacy of a registered candidate to be given a vacant deputy seat in accordance with Clause 15 of this Article may be proposed within 14 days from the day a corresponding legislative (representative) body of state power (corresponding Chamber of this body), representative body of municipal formation takes a decision on early termination of powers of a deputy. A candidate is proposed in the order established by the statute of political party. Corresponding election commission shall give a vacant deputy seat to a registered candidate proposed by a collegiate permanent leading body of political party, its regional branch or other structural subdivision. (Clause 16 introduced by the Federal Law of July 25, 2011, No.263-FZ) 17. The law may establish that a registered candidate included in the list of candidates is entitled to being given deputy seats not more than two times. (Clause 17 introduced by the Federal Law of July 25, 2011, No.263-FZ) 18. Registered candidate included in the list of candidates admitted to distribution of deputy seat or in the list of candidates received deputy seats in accordance with the legislation of the Russian Federation shall be removed from this list in case of: a) filing by a registered candidate of a written application on his withdrawal out of the list of candidates: b) loss by a registered candidate of a passive electoral right; c) registered candidate becoming a member of political party other than political party in which list of candidates he is included; d) candidate’s failure to meet requirements of Clause 6, Article 70 of this Federal Law (unless the law establishes that a registered candidate is entitled to being given a deputy seat more than two times); e) exercising by a registered candidate of his right to being given a deputy seat, including being given such seat twice in accordance with Clause 17 of this Article (unless the law establishes that a registered candidate is entitled to being given a deputy seat more than two times); f) recognition of a registered candidate missing or dead on the ground of the court decision that came into force; g) death of a registered candidate. (Clause 18 introduced by the Federal Law of July 25, 2011, No.263-FZ)
§ Article 71(untitled)
en · 12,512 chars · active
Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.