ancellation of Decision on Voting Results, Election Results, Referendum Results 1. In the event any violations of this Federal Law, other law governing the conduct of corresponding election, referendum were committed when voting was conducted or voting CDL-REF(2012)008 - 154 - results were established, a superior commission, before it establishes the voting results, election results, referendum results, may cancel the decision of a subordinate commission on the voting results, election results, referendum results and order a vote recount or, if the violations do not make it possible to reliably establish the results of the expression of the will of voters, referendum participants, invalidate the voting results, election results, referendum. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 11 Upon establishment of voting results, election results, referendum results by superior commission, a decision of subordinate commission on voting results, election results may be cancelled only by court, or a court may take a decision on introduction of amendments to the protocol of voting results, election results and (or) summary table of this commission. This commission shall inform a commission organizing elections, referendum on its decision to appeal to court with application to cancel voting results, election results, on introduction of amendments to the protocol of voting results, election results and (or) summary of commission. In case a court decided on introduction of amendments to the protocol of voting results, election results and (or) summary table, a commission that filed this protocol and (or) summary table shall file a new protocol of voting results, election results with the note “Repeat” and (or) new summary table with the note “Repeat”. (Clause 11 introduced by the Federal Law of July 21, 2005, No.93-FZ) 12 A court of corresponding level upon cancellation of commission on voting results, election results may take decision to call recount of votes cast by voters, referendum participants, if this Federal Law was violated during the conduct of voting or establishment of its results, establishment of election results. If these violations prevent reliable establishment of the results of expression of will of voters, referendum participants, the court may invalidate voting results, election results. (Clause 12 introduced by the Federal Law of July 21, 2005, No.93-FZ) 2. A court may cancel the decision of an election commission on the results of corresponding election after these results were established, on the basis of the following facts as established by the court: a) a candidate declared elected, an election association that nominated the list of candidates admitted to distribution of deputy seats spent on their election campaign the funds exceeding 10 percent of the maximum limit of electoral fund established by the law besides their funds of their own electoral fund; (as amended by the Federal Law of July 21, 2005, No.93-FZ) b) a candidate declared elected, an election association that nominated the list of candidates admitted to distribution of deputy seats bribed voters and this violation prevents establishment of the real will of voters; (as amended by the Federal Law of July 21, 2005, No.93-FZ) c) in the course of election campaigning a candidate declared elected, an election association that nominated the list of candidates admitted to distribution of deputy seats violated restrictions stipulated by Clause 1, Article 56 of this Federal Law and this violation prevents establishment of the real will of voters; (Clause “c” as amended by the Federal Law of July 21, 2005, No.93-FZ) d) a candidate declared elected, an election association that nominated the list of candidates admitted to distribution of deputy seats took advantage of their official positions and this violation prevents establishment of the real will of voters. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 3. A court of an appropriate level may cancel a decision of an election commission on the voting results and election results in an election precinct, territory, electoral district, a municipal formation, in the subject of the Russian Federation, in the whole of the Russian Federation also in case of violations of the rules of preparation of voters lists, order of formation of election commissions, voting and vote counting procedures (including interference with their - 155 - CDL-REF(2012)008 observation), establishment of election results, unlawful refusal of registration of a candidate, list of candidates recognized as such after the voting day, and other violations of election legislation if these violations prevent establishment of the real will of voters. 4. A court of an appropriate level may cancel a decision of the referendum commission of the subject of the Russian Federation, a local referendum commission on the voting results and the referendum results in case of violations of the rules of preparation of list of referendum participants, order of formation of referendum commission, rules of campaigning and financing of a referendum, if members and authorized representatives of referendum initiative group, heads of public association took advantage of their official positions in order to achieve a desirable answer to a referendum question, as well as in case of establishing the fact of bribery of referendum participants by these persons and public associations for the same purpose, in case of violation of the voting and vote counting procedure (including interference with their observation), as well as in case of other violations of referendum legislations if these actions (inaction) prevent establishment of the real will of voters. 5. A decision on voting results, election results shall not be cancelled because of violations of this Federal Law which were conducive to the election of, or which aimed at encouraging or encouraged voters to vote for candidates who have not been elected according to the voting results or for lists of candidates which have not been admitted to distribution of deputy seats. 6. Cancellation of a decision on election results by an election commission or a court in the cases where violations prevent establishment of the real will of voters shall cause invalidation of elections in this electoral district. 7. At elections in a multi-seat electoral district, violations referred to in Clause 2 of this article if committed by individual candidates may cause cancellation of the decision on the results of the election only in relation to these candidates. 8. When voting for lists of candidates, violations committed by individual election associations referred to in Clause 2 of this Article may cause cancellation by court of the decisions on admittance of these election associations to distribution of deputy seats and re- distribution of deputy seats. (as amended by the Federal Law of July 21, 2005, No.93-FZ) 9. Cancellation by court of the decision on referendum results if violations committed prevent from establishment of the real will of referendum participants may lead to invalidation of referendum results. 10. In case of invalidation of voting results in an election precinct, referendum precinct, territory, the subject of the Russian Federation after a corresponding commission files a report of voting results, election results, referendum results, this commission shall prepare a new protocol of voting results, of election results, referendum results with the note “Repeat”. (Clause 10 as amended by the Federal Law of July 21, 2005, No.93-FZ) 11. On the basis of the protocols of voting results made by commission with the note “Repeat” or “Repeat vote counting” prepared after a superior commission compiles a protocol of voting results, election results, referendum results and summary table , corresponding amendments shall be introduced to the protocol and summary table prepared by superior commission. (Clause 11 introduced by the Federal Law of July 21, 2005, No.93-FZ) CDL-REF(2012)008 - 156 -
§ Article 77(untitled)
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