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Federal Law on Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum (2011)

Updated: June 2015

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Article 4, clause 1 states:

A citizen of the Russian Federation who has attained to the age of 18 years shall be entitled to elect, be elected as deputy of the representative body of municipal formation, vote at a referendum… A citizen of the Russian Federation who has attained to the age of 18 years on the voting day, shall be entitled to participate in any other electoral activities and other activities related to the preparation and conduct of a referendum that are established by law and implemented by legal methods

 

Excerpt from Federal Law on Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum (2011)

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Article 4, clause 3 states:

Citizens declared incapable by a court or held in custody under a court sentence shall not be entitled to elect and be elected or to participate in a referendum.

 

Article 19, clause 5 states:

In places where voters, referendum participants temporarily stay (hospitals, sanatoriums...)…referendum precincts may be formed within the periods established by Clause 2 of this Article, and in exceptional cases and upon approval of the superior commission, not later than in 3 days before the voting day…

 

Article 29 states:

(1) The following persons shall not be appointed as the voting commission members: …

  • (b) citizens of the Russian Federation declared legally incapable or with limited capability by the decision of a court that came into force; …

(6) A voting member of a commission shall be relieved from the duties of a commission’s member by a decision of the same body that appointed him if:

  • (a) the commission member files a written resignation. Such application cannot be filed during the period starting in ten days before the voting day and ending on the day of establishment of voting results, results of elections, referenda, except cases when it is filed in connection to compelling circumstance: severe disease, severe impairment of health of commission member, his close relatives… Powers of a voting member of a commission shall be terminated immediately if: …
  • (c) a decision of court that declares a commission member legally incapable, with limited capability, missing or dead comes into force…

(21) Persons referred to in Paragraphs “a”, “b”- “f”, Clause 1 of this Article, citizens of the Russian Federation declared legally incapable by court decision that came into force, 50 members of the Federation Council of the Federal Assembly of the Russian Federation, employees of commission administrations, attorneys of candidates, election associations, as well as persons performing command duties in military units, military organizations and institutions may not be appointed non-voting members of commissions…

 

Article 33, clause 5 states:

A candidate (except candidates nominated in the list of candidates) shall personally submit documents specified in Clauses 1, 2 and 3 of this Article. The documents specified in Clauses 1, 2 and 3 of this Article may be submitted, at the request of the candidate, by other persons, if the candidate is ill, held in detention as a suspect or defendant (in this case the candidate's signature in the statement shall be notarized or certified by administration of the hospital in which the candidate is being treated or the administration of the detention place where he is held as a suspect or defendant), in other cases specified by a federal law. 5. In case of nomination of a disabled person as candidate, including in the list of candidates, who is not able to write an application with consent to stand for election in corresponding electoral district, certify signatures’ list, fill in or certify other documents stipulated by the law, this person is entitled to use help of another person. Powers of a person providing assistance with filling in or certifying documents referred to in Clauses 2 or 3 of this Article shall be notarized.

 

Article 38, clause 6 states:

The following signatures are recognized as invalid: …

  • (h) if such signature list was certified by a person collecting signatures of voters, referendum participants who did not attain to the age of 18 years and (or) such person was recognized by the court as incompetent…

 

Article 63, clause 2 states:

In order to help visually impaired voters, referendum participants by the decision of corresponding election commission special stencils shall be made for independent filling in of ballots including with the use of Braille alphabet...

 

Article 66 states:

1. Precinct commission shall make proper arrangements to enable voters, referendum participants to vote if they are included in the list of voters, referendum participants in the given election precinct, referendum precinct but are unable to come to the polling station for valid reasons (poor health, physical disability)…

4. A written or oral application of a voter, referendum participant for voting outside the polling station must state the reason why the voter, referendum participant is unable to come to the polling station. The application shall contain his surname, first name and patronymic of the voter, referendum participant and his residential address.

5. Written or oral applications referred to in Clause 4 of this Article may be submitted to precinct commission at any time after such precinct commission is formed but not later than in six hours before the voting ends. Written or oral application that was received later than indicated time shall not be satisfied, and voter, referendum participant, or the person that provided assistance in delivering such application shall be informed about it at the moment of receiving a written or oral application…

8. By the decision of corresponding commission stated in Clause 8 of this Article the quantity of mobile ballot boxes for voting outside the polling station stated in Paragraphs “a” and “b”, Clause 8 of this Article may be increased but by no more than 1 mobile ballot box in presence of any of the following conditions: …3) over 50 voters over 80 years old and (or) disabled voters, referendum participants are registered in accordance with Clause 10, Article 16 of this Federal Law in the territory of election precinct, referendum precinct data on which are submitted in accordance with Clause 16 1 , Article 20 of this Federal Law; …

11. If a voter, referendum participant due to his disability or health condition cannot independently sign for receipt of a ballot or fill in a ballot, he may use the assistance of other voter, referendum participant…

 

Excerpts from Federal Law on Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum (2011)

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Article 20, clause 16 states:

Data  on  the  number  of  disabled  voters,  referendum  participants  in  corresponding territory with indication of disability categories shall be submitted as of January 1 and July 1 each year by the Pension Fund of the Russian Federation…

 

Article 23, clause 10, paragraph (K) states:

provides at request of election commission of municipal formation data on the number of  disabled  voters,  referendum  participants  in  corresponding  territory  with  indication  of disability groups.

 

Article 33, clause 5 states:

A candidate (except candidates nominated in the list of candidates) shall personally submit documents specified in Clauses 1, 2 and 3 of this Article. The documents specified in Clauses 1, 2 and 3 of this Article may be submitted, at the request of the candidate, by other persons, if the candidate is ill, held in detention as a suspect or defendant (in this case the candidate's signature in the statement shall be notarized or certified by administration of the hospital in which the candidate is being treated or the administration of the detention place where he is held as a suspect or defendant), in other cases specified by a federal law. 5. In case of nomination of a disabled person as candidate, including in the list of candidates, who is not able to write an application with consent to stand for election in corresponding electoral district, certify signatures’ list, fill in or certify other documents stipulated by the law, this person is entitled to use help of another person. Powers of a person providing assistance with filling in or certifying documents referred to in Clauses 2 or 3 of this Article shall be notarized.

 

Article 45, clause 3 states:

Informing of voters, referendum participants, in particular through the mass media, on preparation and conduct of elections, referenda, the periods and procedures for the performance of electoral actions, actions relating to participation in a referendum, on election and referendum legislation of the Russian Federation, on candidates, election associations shall be carried out by commissions. Commissions also take reasonable measures to inform disabled voters, referendum participants.

 

Article 61, clause 7 states:

In order to inform voters, referendum participants that are visually impaired, the notice-board shall have materials referred to in precincts, referendum precincts which notice-boards shall have such materials... printed in large fonts and (or) with the use of Braille alphabet....

 

Article 62, clause 6 states:

Based on a written application of a voter indicating the reasons why the voter needs an absentee certificate the election commission shall issue an absentee certificate either to the voter personally or to his representative provided with a notarized power of attorney. A power of attorney may also be certified by the administration of a hospital (if a voter is undergoing medical treatment at this hospital), by the administration of an institution where persons suspected or accused of commission of a crime are held in custody (if a voter is held in this institution as a person suspected or accused of commission of a crime).

 

Article 63, paragraph 2 states:

In order to help visually impaired voters, referendum participants by the decision of corresponding election commission special stencils shall be made for independent filling in of ballots including with the use of Braille alphabet. Election precincts, referendum precincts that shall  have  such  stencils  prepared  are  determined  by  the  decisions  of  commission  organizing elections,  referendum,  and  at  election  to  federal  bodies  of  state  power  –  by  the  decision  of election commission of the subject of the Russian Federation.

 

Article 64, clause 10 states:

A voter, referendum participant who is not able to sign for receipt of a ballot or mark a ballot by himself or take part in electronic voting may be assisted by another voter, referendum participant who is not a member of the commission, or a registered candidate, or an authorized representative or attorney of an election association, registered candidate, a referendum initiative group, or an observer. In this case, a voter, referendum participant shall orally inform commission of his intention to ask for assistance in marking the ballot, taking part in electronic voting. The surname, first name and patronymic, series and number of the passport or a document equivalent to citizen’s passport of the person assisting such voter, referendum participant shall be indicated in the appropriate box (boxes) of the list of voters, referendum participants.

 

Article 66 states:

1. Precinct commission shall make proper arrangements to enable voters, referendum participants to vote if they are included in the list of voters, referendum participants in the given election precinct, referendum precinct but are unable to come to the polling station for valid reasons (poor health, physical disability)…

4. A written or oral application of a voter, referendum participant for voting outside the polling station must state the reason why the voter, referendum participant is unable to come to the polling station. The application shall contain his surname, first name and patronymic of the voter, referendum participant and his residential address.

5. Written or oral applications referred to in Clause 4 of this Article may be submitted to precinct commission at any time after such precinct commission is formed but not later than in six hours before the voting ends. Written or oral application that was received later than indicated time shall not be satisfied, and voter, referendum participant, or the person that provided assistance in delivering such application shall be informed about it at the moment of receiving a written or oral application…

8. By the decision of corresponding commission stated in Clause 8 of this Article the quantity of mobile ballot boxes for voting outside the polling station stated in Paragraphs “a” and “b”, Clause 8 of this Article may be increased but by no more than 1 mobile ballot box in presence of any of the following conditions: …3) over 50 voters over 80 years old and (or) disabled voters, referendum participants are registered in accordance with Clause 10, Article 16 of this Federal Law in the territory of election precinct, referendum precinct data on which are submitted in accordance with Clause 16 1 , Article 20 of this Federal Law; …

11. If a voter, referendum participant due to his disability or health condition cannot independently sign for receipt of a ballot or fill in a ballot, he may use the assistance of other voter, referendum participant…

 

Excerpts from Federal Law on Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum (2011)

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Article 4, clause 3 states:

Citizens declared incapable by a court or held in custody under a court sentence shall not be entitled to elect and be elected or to participate in a referendum.

 

Article 19, clause 5 states:

In places where voters, referendum participants temporarily stay (hospitals, sanatoriums...)…referendum precincts may be formed within the periods established by Clause 2 of this Article, and in exceptional cases and upon approval of the superior commission, not later than in 3 days before the voting day…

 

Article 29 states:

(1) The following persons shall not be appointed as the voting commission members: … b) citizens of the Russian Federation declared legally incapable or with limited capability by the decision of a court that came into force; …

(6) A voting member of a commission shall be relieved from the duties of a commission’s member by a decision of the same body that appointed him if: a) the commission member files a written resignation. Such application cannot be filed during the period starting in ten days before the voting day and ending on the day of establishment of voting results, results of elections, referenda, except cases when it is filed in connection to compelling circumstance: severe disease, severe impairment of health of commission member, his close relatives… Powers of a voting member of a commission shall be terminated immediately if: … c) a decision of court that declares a commission member legally incapable, with limited capability, missing or dead comes into force…

(21) Persons referred to in Paragraphs “a”, “b”- “f”, Clause 1 of this Article, citizens of the Russian Federation declared legally incapable by court decision that came into force, 50 members of the Federation Council of the Federal Assembly of the Russian Federation, employees of commission administrations, attorneys of candidates, election associations, as well as persons performing command duties in military units, military organizations and institutions may not be appointed non-voting members of commissions…

 

Article 33, clause 5 states:

A candidate (except candidates nominated in the list of candidates) shall personally submit documents specified in Clauses 1, 2 and 3 of this Article. The documents specified in Clauses 1, 2 and 3 of this Article may be submitted, at the request of the candidate, by other persons, if the candidate is ill, held in detention as a suspect or defendant (in this case the candidate's signature in the statement shall be notarized or certified by administration of the hospital in which the candidate is being treated or the administration of the detention place where he is held as a suspect or defendant), in other cases specified by a federal law. 5. In case of nomination of a disabled person as candidate, including in the list of candidates, who is not able to write an application with consent to stand for election in corresponding electoral district, certify signatures’ list, fill in or certify other documents stipulated by the law, this person is entitled to use help of another person. Powers of a person providing assistance with filling in or certifying documents referred to in Clauses 2 or 3 of this Article shall be notarized.

 

Article 38, clause 6 states:

The following signatures are recognized as invalid: …

  • (h) if such signature list was certified by a person collecting signatures of voters, referendum participants who did not attain to the age of 18 years and (or) such person was recognized by the court as incompetent…

 

Excerpts from Federal Law on Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum (2011)