ELECTORAL CODE
PART ONE
SECTION ONE: GENERAL PROVISIONS
CHAPTER
ONE FUNDAMENTAL PROVISIONS
Article
1: Electoral Bases
1.
In accordance with Article 3 of the Constitution of the
2. Citizens of the
3. The state encourages that the elections of the President of the Republic,
elections to National Assembly, local self-governing bodies are held under
competitive and alternative principles.
4. The state holds responsibility for the preparation, organization and conduct
of elections, and for the legality of elections.
Article
2: Citizens' Electoral Right
1.
The citizens of the
2. During the preparation and conduct of the elections, the citizens of the
3. Citizens' electoral right is regulated by the Constitution of the
4. Disabled people, as well as the voters that have difficulty to participate
in the elections, arrive at the Precinct centers and participate in the voting
according to the procedure established by the Central Electoral Commission.
5. Citizens who have been recognized as incapacitated by a court ruling, as
well as those that have been sentenced to imprisonment and endure punishment by
a court judgement entered into legal force, cannot
elect and be elected.
Article
3: Universal Suffrage
Citizens who have the right to vote, regardless of
nationality, race, gender, language, religion, political or other conceptions,
social origin, property or other status have the right to elect and be elected. Any
restriction of the electoral right on the above-mentioned bases is prosecuted
by the law.
Article
4: Equal Electoral Right
1.
Citizens participate in elections on equal basis.
2. The state ensures equal conditions for the exercise of the citizens'
electoral right.
Article
5: Direct Electoral Right
The
President of the Republic, Deputies of the National Assembly, local
self-governing bodies are elected directly. Proxy voting is prohibited.
Article
6: Voting by Secret Ballot
Voting
is by secret ballot. Oversight of the expression of voters' free will is
prohibited and is prosecuted by law.
Article
7: Transparency of Elections
1.
Elections are prepared and conducted in a transparent way.
2. Decisions of electoral commissions, national government and local
self-governing bodies, related to the preparation and conduct of elections are
published in the official press, within three days after the decisions have
been taken.
3. In the course of the sessions of the commissions and during the voting, in
the way prescribed by this Code, the Chairman of Electoral Commission ensures
the participation of proxies, observers and the representatives of mass media,
in the activities of electoral commissions and ensures necessary and equal
working conditions for them.
4. Three days before the elections of the President of the Republic and to the
National Assembly the Central Electoral Commission publishes the total number
of the voters in the
5. In the procedure prescribed by this Code, citizens are informed about the
composition, location and working hours of Electoral Commissions, on the formation
of precincts and precinct centers, on the dates for presenting appeals about
the inaccuracies in the voter lists, on the nomination and registration of
candidates, on the day of voting and the election results.
6. On the voting day, the precinct electoral commissions shall transfer data to
the Regional Electoral Commissions periodically - every three hours - on the
number of voters that have participated in voting. Regional Electoral
Commissions summarize these data, make them public and
periodically - every three hours - forward them to the Central Electoral
Commission. During national elections (Presidential elections as well as
regular and extraordinary elections to National Assembly are considered to be
national elections) the Central Electoral Commission, starting from
7. During the sessions of the electoral commissions, as well as at any time
during the voting, proxies, accredited observers and the representatives of
mass media have the right to be present at the precinct center.
8. Immediately after the voting is completed, from
Article
8: Expenses for Preparation and Conduct of Elections
1.
Expenses for preparation and conduct of elections (including those for the
compilation and maintenance of voter lists) shall be borne from the state budget.
2. The procedure for the expenses of candidates in the period of the
pre-election campaign and their reimbursement is determined by this Code.
CHAPTER
TWO VOTER LISTS
Article
9: Compilation and Maintenance of Voter Lists
1.
All citizens of the
2. Every citizen of the
3. Voter lists are permanently managed documents and are compiled in
communities, by electoral precincts. Voter lists are reviewed every year, in
January and June.
4. Voter lists are compiled and maintained by community heads by the power of
authorities delegated to them.
5. In cases envisaged by this Code, in accordance with the procedures set forth
by the Central Electoral Commission, voter lists are compiled by the heads of
Diplomatic or Consular Missions of the
6. Citizens of the Republic of Armenia that have the right to vote, who live or
are outside the territory of the Republic of Armenia, are included in the voter
lists that are compiled outside the territory of Republic of Armenia, in
compliance with the procedure established by Central Electoral Commission
7. In the event of the absence of a Diplomatic or Consular Mission of the
Republic of Armenia in the state, which is the country of residence or where
the voter is, the citizen can apply to the Diplomatic or Consular Mission of
the Republic of Armenia in the state bordering, or located close to the state
of residence or the state where the voter is, for the inclusion in voter lists.
8. The community head submits the voter lists by precincts to the head of the
institution administering the territory of the precinct center and to the
Regional Electoral Commission forty days before the day of voting.
9. The community head, based on applications from citizens, proxies and members
of the Commission, makes corrections starting forty days before the voting day
and within 35 days.
10. The Community head responds to inquiries on corrections on voter lists
within three days.
Article
10: Inclusion of Citizens in Voter Lists
1.
All citizens, who have the right to vote and are registered in a given
community, as well as the citizens who reside temporarily or permanently in a
given community but have no registration, but who have not later than five days
before the day of voting submitted an application to the community head on the
inclusion of their name and last name in the voter lists, in the manner
prescribed by the Central Electoral Commission, are necessarily included in the
voter lists.
2. The lists of voters under detention are compiled by the head of that
institution, with the participation of the member of the Regional Electoral
Commission, three days prior to the day of voting.
3. The military and the members of their families, who have the right to vote,
residing on the territory where the military units are located, with the
exception of the military units situated at least fifty kilometers away from
the nearest settlement, are included in the voter lists of the relevant
electoral precinct (on the territory of which the unit is located), based on
the data submitted on a general basis by the administration of the military
unit.
4. The military that reside outside the military unit and have the right to
vote are included in the voter lists on a general basis.
5. Voter lists of the military units situated at least fifty kilometers away
from the nearest settlement are compiled by the chief of the military unit and
submitted to the relevant Regional Commission not later than twenty days prior
to the day of voting.
Article
11: Requirements for the Voter Lists
1.
Citizens' family name, given name, year, month and date of birth and address
are entered onto the voter lists.
2. The voter lists are compiled according to citizens' address of registration.
The procedure for inclusion of citizens who have no
registration, in the voter lists, is established by the Central Electoral
Commission.
3. Voter lists are compiled in the form of a register and paginated for up to
1000 voters. Each page of the register is signed and sealed by the community
head.
Article
12: Publicity of the Voter Lists
1.
Every person can freely get familiarized with the voter lists.
2. The head of the institution that administers the territory of the precinct
center displays one copy of voter lists at the precinct center in a place
visible for everybody, forty days prior to the elections.
3. Together with the voter lists, it is mandatory to display a notice in the
precinct center, about the dates and place for presentation of applications on
inaccuracies in those lists, and the procedure, dates and conditions for their
consideration.
4. The Chairman of the Precinct Electoral Commission displays the final version
of the voter lists at the precinct center, in a place visible for everybody,
four days prior to the day of voting.
5. After the voting is completed, the voter lists stay displayed at the
precinct center for at least seven days.
6. Every citizen has the right to receive from the community head the
photocopies of the voter lists of that particular precinct, for the price
established by the Central Electoral Commission. The community head has to
deliver to the citizen the relevant voter lists, within three days.
Article
13: Submission of Voter Lists to Precinct Electoral Commissions
1.
Heads of communities, heads of military units situated at least fifty
kilometers away from the nearest settlement submit two copies of voter lists to
Chairmen of the Precinct Electoral Commissions, not later than four days prior
to the day of voting and the heads of the institutions having the authority for
detention of citizens - not later than two days prior to the day of voting.
2. The Precinct Electoral Commissions have no right to make any change -
addition or correction - in voter lists, on their own initiative.
Article
14: Procedure for the Consideration of Applications about the Inaccuracies in
Voter Lists and the Correction of the Lists
1.
Every citizen has the right to apply to the community head with the request
concerning the inaccuracies in voter lists, for the inclusion or withdrawal
from voter lists of himself/herself or other citizens,
not later than five days prior to the day of voting. Applications are submitted
in writing.
2. The community head, within three days considers applications concerning the
inaccuracies in voter lists, makes decisions, and informs the citizens in
writing on the results of the consideration of their applications; whenever
possible those citizens whose names and last names have been removed from the
voter lists, are also informed.
3. Disputes on inaccuracies in the lists can be appealed to the court. The
court shall examine the complaints within five days, in cases when complaints
are adjudicated five days prior to the day of voting or the day of voting -
immediately, with the judgment passed being final and cannot be appealed. The
Chairman of the Precinct Electoral Commission, based on court's conclusion,
compiles an additional voter list, attaching to it the copy of the court's
conclusion.
CHAPTER
THREE ELECTORAL PRECINCTS AND
Article
15: Electoral Precincts
1.
For the purpose of organization of voting and vote count, Precincts are formed,
which are numerated consecutively.
2. Local self-governing bodies form Precincts in communities, not later than 45
days prior to the day of voting, taking into consideration local and other
conditions, with the intention of creating most favorable conditions for
exercising by voters of their electoral rights.
3. The heads of military units submit the number of the
registered voters of their military units to the respective community heads
before the precincts are formed.
4. In the procedure established by the Central Electoral Commission, precincts
are formed in foreign countries - at the Diplomatic and Consular Missions of
the
5. 40 days prior to the day of voting electoral precincts are formed in
military units that are situated at least 50 kilometers away from the nearest
settlement. These precincts are formed by the units' heads.
6. A precinct covers not more than 3,000 voters.
7. A precinct cannot comprise of residential areas of different communities.
Article
16: The
1.
A precinct center shall be formed at the electoral precinct.
2. A precinct center shall be formed at the premises of preschool education,
academic, scientific, cultural, sports or other institutions under the
subordination of state or local self-governing bodies.
3. A precinct center cannot be formed at the premises of state and local
self-governing bodies, military-academic institutions, military units and
healthcare institutions. Precinct centers can be formed at military units
located at least 50 kilometers away from the nearest electoral precinct, at the
institutions that have the authority for detention of citizens, as well as at
the precincts arranged at diplomatic and consular representations.
4. A precinct center shall be located as close as possible to the apartment
blocks and houses situated within the electoral precinct.
Article
17: Formation of Precinct Centers
1.
The community head designates a precinct center not later than 45 days prior to
the day of voting.
2. In the event of impossibility of holding voting at the precinct center, upon
the request of the Chairman of the Precinct Electoral Commission, the community
head changes the location of the precinct center at least three days prior to
the day of voting, and in emergency cases (natural disaster, accident, fire) -
on the day of voting and two days before it, upon the consent of the Chairman
of the relevant Regional Electoral Commission.
3. The community head, in the procedure established by the Central Electoral
Commission, within 2 days informs the citizens on the formation of electoral
precincts and precinct centers. The heads of the institutions administering the
premises of precinct centers also receive similar information.
4. The community head immediately informs the citizens if the location of the
precinct center has been changed, in the procedure established in the second
paragraph of this Article.
CHAPTER THREE1
CONSTITUENCIES
Article
171: Constituencies
1. In addition to electoral
precincts, the territory of the
1)
Constituencies shall include equal number of voters. Difference of up to 15% in
the number of voters is allowed;
2)
Constituencies form an integral territory. It is not allowed to include in one
constituency precincts that have no common borders;
3)
Constituencies are formed and numbered by the Central Electoral Commission, based
on the number of voters registered in the area, as submitted by the Marzpets/Governors. Such data is submitted according to
communities, at least 95 days prior to elections.
2. The
Central Electoral Commission defines and publishes the numbered voter lists and
maps of constituencies at least 90 days prior to the voting day.
3.
Constituencies are not subject to change during extraordinary elections.
(Chapter 31 was added:
CHAPTER
FOUR PRE-ELECTION CAMPAIGN
Article
18: Basic Principles for Pre-Election Campaign
1.
The state ensures the free implementation of citizens' pre-election campaign.
The pre-election campaign is exercised on equal basis. It is ensured by the
state bodies, for the purpose of organization of pre-election meetings,
meetings of candidates with the electorate and other events related to
elections, by providing them halls and other premises, upon the request of
electoral commissions. They are provided to the candidates and parties, running
in elections, on equal basis, free of charge, in accordance with the timetable
and procedures established by the Central Electoral Commission.
2. Citizens, parties, party alliances (hereinafter party), and Non-Governmental
Organizations of the Republic of Armenia have the right to campaign for or
against any candidate or party, by means not prohibited by law.
3. The candidates and parties are guaranteed equal conditions for access to
mass media.
4. It is forbidden to conduct the pre-election campaign and to disseminate
campaign documents of any kind to:
1). State and local self-governing bodies, as well as their staff while
performing their official duties;
2). Members and Judges of the Constitutional Court, officials of the Ministry
of Internal Affairs and National Security, officials of the Prosecutor's
office, and the military;
3). Charitable and religious organizations;
4). Foreign citizens and organizations.
5. The election campaign commences on the day following the last day envisaged
for the registration of candidates and parties, and ends on the day prior to
the day of voting. Any election campaign is prohibited on the day of voting and
the day prior to it. Campaign documents, which are not at the precinct center,
stay during the day of voting in their places.
6. Pre-election campaign can be held through mass media, through electoral
public events (such as pre-election rallies and meetings with electorate,
public electoral discussions, debates, rallies, marches) by printing
publications, disseminating audiovisuals.
7. During the pre-election campaign candidates and parties are banned from
giving (promising) - personally or through other means - money, food, bonds,
and goods to citizens free of charge or on privileged terms or rendering
(promising) services.
8. The candidates and the parties are bound to observe the procedures for
organization of the pre-election campaign. Electoral Commissions oversee the
observance of the established procedure of the pre-election campaign. In the
event of violation of the procedures the commission that has registered the
candidate or the party, appeals to the relevant bodies, in order to prevent
them, as well as to the Court - to declare the registration of that candidate
or party electoral list out of force. The Court, after receiving such appeals
from electoral commissions, has to pass a judgement
within five days period, and in case they are received within five days prior
to the day of voting - immediately.
9. The arrested or detained candidates carry out their pre-election campaign
through their proxies. For that purpose, in the period of the pre-election
campaign, the arrested and detained candidates have the right of having daily
meetings, for up to two hours, with not more than three proxies, at the
institutions that have the right to hold the arrested or the detained.
Article
19: Non-Allowance of Abuse of the Right of Pre-Election Campaigning
During
the pre-election campaign it is forbidden to call for the violent overthrow of
the constitutional order, racial, national, religious and other supremacy,
publication and dissemination of materials stimulating racial, national or
religious hatred.
Article
20: Pre-Election Campaign through Mass Media
1.
Candidates for the President of the Republic and the Parties registered by the
proportional system for the National Assembly have the right of paid and free
of charge airtime (including live broadcasting) on the state radio and
television, on equal conditions.
2. The Central Electoral Commission establishes the procedure for the provision
of free airtime on the state radio and television for candidates for the
President of the Republic and for the Parties that have presented party lists
based on the proportional system for the National Assembly.
3. Candidates and parties have the right to have airtime also on the
state local radio and TV companies, on equal conditions.
4.The heads of the official state periodical press
shall ensure equal conditions for the candidates and parties.
5. Pre-election campaign through mass media is implemented in the form of
public debates, round-tables, press conferences, interviews, political
advertisements and other forms not prohibited by the law.
6. It is forbidden to interrupt the radio and television broadcasts of
pre-election campaign with advertisements of goods and services.
7. It is forbidden to establish campaign headquarters at precinct centers, and within seven days prior to the day of voting -
campaigning at the precinct centers.
8. Television and radio broadcasts with pre-election campaign shall be video- and audio-recorded. They are preserved for at least
six months.
9. The state and local self-governing bodies, for the purpose of meetings,
rallies and assemblies, organized for pre-election campaigning, allocate
required territories to candidates and parties free of charge, according to the
procedure established by the Central Electoral Commission. It is forbidden to
allocate historical-cultural buildings and adjacent territories for such
purposes.
Article
21: Procedure for the Use of Campaign Posters and Other Materials
1.
Parties and candidates have the right to publish and disseminate posters,
leaflets and other printed campaign materials, on an equal basis.
2. The community head, not later than five days after the start of the
pre-election campaign, allocates special places within the community for
display of campaign posters. Those places shall be convenient for voters'
attendance. Each precinct shall have not less than one such place.
Candidates and parties are allocated equal space in special places.
3. The depiction of the flag or the coat of arms of the
4. It is forbidden to tear off the campaign posters displayed in special
places, or making any graffiti on them.
5. The community heads ensure that the campaign posters of candidates and
parties not running for elections be promptly removed.
6. Printed campaign materials shall contain information about those
organizations and people that are responsible for the publication, as well as
the printing company and the quantity.
7. Dissemination of anonymous printed campaign materials is forbidden. Whenever
anonymous or false printed campaign materials are found, the informed Electoral
Commission takes measures to prevent such activity and addresses the relevant
bodies in order to end the illegal activities.
Article
22: Prohibition of Influencing the Expression of Citizens' Free Will
1.
Reporters of state radio and television, staffs of the editorial offices that
are registered as candidates are banned from highlighting the elections on the
state radio and television.
2. During the pre-election campaign, the officials and members of the state and
local self-governing bodies, as well as the employees of the state-owned mass
media are banned from making use of their powers (authorities) for creation of
uneven conditions between the candidates, or influencing the expression of
citizens' free will, through prejudiced support. Whenever nominated as
candidates these people make use of the state-owned means of mass media in the
procedure established by this code.
3. It is forbidden to publish the results of public polls on the ratings of
candidates and parties within the last seven days of the pre-election campaign.
Article
23: Prohibition of the Pre-Election Campaigning on the Day of Voting and the
Day Prior to it
1.
On the day of voting and the day prior to it, within the building where the
precinct center is located or in its vicinity, as well as right at its
entrance, it is forbidden to influence on the voters orally or in written form,
through music or visual means, to collect signatures, as well as to campaign in
other ways.
2. Until the end of the voting it is forbidden to publish voters' survey
results with the question on who they have voted for.
3. It is forbidden to assemble in groups on the day of the election in the area
surrounding the precinct center, in the radius of 50 meters.
CHAPTER FIVE FUNDING OF THE ELECTIONS
Article
24: Funding for Organization and Conduct of Elections
1.
Expenses for organization and conduct of elections, including the compilation
of the voter lists, as well as the required expenses for the activities of
electoral commissions are covered by the state budget. Relevant expenses are
envisaged by separate budget line of the state budget.
2. The funds envisaged for elections are allocated to the Central Electoral
Commission within five days after the elections are assigned.
3. In the event of the conduct of extraordinary elections they are funded from
the reserve fund of the state budget, in the event of its impossibility they
are funded from the reserve of the Central Bank, on the condition that it is
afterwards reimbursed from the state budget.
If the budgetary funds are not allocated to the Central Electoral Commission in
time, or there are no funds available in the reserve of the Armenian Central
Bank, or the allocated means have not been sufficient, for funding the
extraordinary elections or the second round of the elections, then the Central
Electoral Commission has the right to receive a loan from private banks on
competitive basis, on the condition, that the loan will be paid off by the
Government within 3 months time.
4. The Central Electoral Commission establishes the procedure for the
distribution of financial resources between the commissions. Chairmen of the
electoral commissions manage the financial resources and hold responsibility
for the effective use of the financial resources in the procedure established
by the Central Electoral Commission.
Article
25: Pre-election fund
1.
For the purpose of funding their pre-election campaign, candidates and parties
have the right to create a pre-election fund. The means of the election funds
of the candidates for the President of the Republic and parties are accumulated
in the Central Bank of the Republic of Armenia, and of the other candidates -
in any bank, operating on the territory of the Republic of Armenia (on a
special account). The means of the pre-election fund are managed by candidates
and parties. Based on the written application of the registered candidates and
parties, banks open temporary special accounts. Revenues are not accumulated or
paid of these accounts.
Pre-election funds are formed from:
1). personal means of the candidate;
2). means allocated to the candidate by the party, which has nominated him/her;
3). own means of the party;
4). voluntary contributions by physical and legal persons.
2. The following have no right to make contributions to the election funds:
1). state and local self-governing bodies;
2). budgetary institutions (organizations);
3). foreign physical and legal persons;
4). persons without citizenship;
5). those economic organizations, in the charter or
share capital of which the
6). those organizations which have foreign means in
the amount of more than 30 per cent in their share capital;
7). charitable and religious organizations,
international organizations and international non-governmental movements.
The amounts paid to the pre-election funds by the above-mentioned physical and
legal persons are transferred to the state budget.
3. The Central Electoral Commission establishes the procedure for voluntary
contributions to the pr-election funds.
4. This Code establishes the maximum amount of contributions to the pre-
election funds by physical and legal persons. Contributions exceeding the
established amount and the money left in the pre-election funds after the
elections are transferred to the state budget.
5. Means of the pre-election funds are spent through proxies of the candidate
and the party.
6. Those banks, in which special temporary accounts have been opened,
periodically - every three days - submit a notice to the relevant electoral
commission on the contributions made to the pre-election funds of candidates
and parties. These banks return the amounts exceeding the maximum amounts
established by this Code, to those having the right of making contributions to
the pre-election funds.
7. If the candidate or the party besides the means of the pre-election fund
uses other means for the pre-election campaign, the Court, based upon the
application of the Central Electoral Commission, recognizes the registration of
the candidate or the party list as out of force.
8. All the transactions connected with the accounts of candidates' and parties'
pre-election funds are terminated from the day of voting.
9. The Central Electoral Commission can allow candidates and parties to make
payments from the fund also after the voting day, for the transactions carried
out before the day of voting.
10. In the event of the elections being declared as not held, the means in the
pre-election funds are frozen until the registration of candidates and parties
for the new elections. The candidates and parties re-registered for new
elections can use the means left in their pre-election funds. In case the
candidates or parties have not been registered for new elections, the means
left in their pre-election funds are transferred to the state budget.
11. Not later than one month after the elections the candidates and parties
submit a declaration to the electoral commissions that had registered them, on
the use of the available amounts in their pre-election funds. The Central
Electoral Commission establishes the specimen of the declaration and the
procedure for its submission. The declaration is published in the procedure
established by the Central Electoral Commission.
Article
26: Oversight and Audit Service
An
oversight-audit service is set up by the Chairman of the Central Electoral
Commission, within the Commission, since the designation of the election day,
with a view to implement oversight of the rational use of means allocated to
the electoral commissions for the organization and conduct of elections, as
well as for the accounting of contributions made to the election funds and
oversight of those expenses. Relevant specialists can be included in the work
of the service on contractual basis. The procedure for the activities of the
oversight-audit service is established by the Central Electoral Commission.
CHAPTER
SIX PROXIES, OBSERVERS AND REPRESENTATIVES OF MASS MEDIA
Article
27: The Status of the Proxy
1.
After the registration the candidates and parties, for the protection of their
interests in their relationship with the electoral commissions, state and local
self-governing bodies, organizations and mass media can have proxies. Only
citizens of the
2. After the registration of candidates and party lists, sealed certificates
are given to the proxies, based on the submitted, but no more than three times
the number of precincts. Certificates are issued within five days after the
request has been submitted. The relevant commission states the candidate's
first name, last name, and the name of the party, on the certificate. The
candidate or the party leader fills out the certificates and allocates them to
the proxies.
3. The Central Electoral Commission establishes the procedure for the
registration of the proxies. The candidate or his/her authorized representative, the party leaders can at any time recall
their proxies and appoint the new ones, informing of it the relevant electoral
commission, in writing.
4. Members of the
Article
28: The Right of the Observation
1.
During the election the following have the right of observation mission:
1). international organizations,
2). representatives of foreign countries,
3). those Non-Governmental organizations of the Republic of Armenia and of
foreign countries, whose charter provisions include issues of democracy and
protection of human rights and who do not support the candidates or parties
2. The Central Electoral Commission establishes the procedure for performing
the observation mission.
Article
29: Accreditation of Observers
1.
The organizations and persons mentioned in Article 28 of this Code can perform
observation after having been accredited with the Central Electoral Commission.
2. Requests for accreditation are presented to the Central Electoral Commission
starting from the day of assignment of elections, but not later than ten days
prior to the day of voting.
3. The Central Electoral Commission issues the credentials for performing of
observation to the relevant organization not later than seven days after the
request has been received.
4. If the large number of the organizations that have applied for observation can
create technical difficulties for voting and vote count at the precinct
centers, then the priority is given to those organizations,
that guarantee the conduct of observation on all the territory of the
5. In case if the observers, after having been
accredited, support any candidate or party, the Central Electoral Commission
has the right to deprive the relevant organization of the observation rights.
Article
30: Rights, Responsibilities and Guarantees of Activity of Proxies, Domestic
and International Observers (Hereinafter Observers), and the Representatives of
Mass Media
1.
Proxies, Observers, and the Representatives of Mass Media have the right to:
1). be present at the sessions of electoral commissions, and during the voting
- at the precinct center;
2). get familiarized, without impediments, with the electoral documents, ballot
specimens, decisions of electoral commissions, protocols of the sessions, to
receive their copies and to make excerpts;
3). appeal the decisions, actions or inaction of electoral commissions.
2. Proxies, observers, and the representatives of mass media have no right to
intervene in the work of electoral commissions.
3. One proxy of each candidate and party, running in National Assembly
proportional elections, can attend, with an advisory vote, the session of the
electoral commission, and during the voting.
4. On the day of voting proxies and observers monitor the work of electoral
commission. To that end they can present their remarks and proposals to the
Chairman of the Commission, who then takes appropriate measures.
5. No restriction of the rights of proxies, observers, and representatives of
mass media is allowed.
6. Proxies, observers, and representatives of mass media cannot be subjected to
liability for their opinion expressed on the course of elections and summarized
results.
SECTION TWO
ELECTORAL COMMISSIONS
CHAPTER
SEVEN THE SYSTEM OF ELECTORAL COMMISSIONS, THE STATUS OF MEMBERS OF
ELECTORAL COMMISSIONS
Article
31: The System of Electoral Commissions
During
elections Central Electoral Commission, Regional (for
Article
32: The Electoral Commissions
1.
The electoral commissions ensure the realization and the protection of
citizens' electoral rights. During the performance of their authorities, the
electoral commissions are independent from the state and local self-governing
bodies.
2. Central and Regional Electoral Commissions function on a permanent basis.
3. The decisions of electoral commissions, adopted within the framework of
their authorities, are binding.
Article
33: Status of the Members of Electoral Commissions
1.
Members of electoral commissions are exempt from military call-ups and training
exercises, and in the period of the national elections
- from conscription.
2. During national elections members of electoral commissions
can be subjected to administrative or criminal liability by court order, only
upon the consent of the Central Electoral Commission.
3. The Chairman of the Central Electoral Commission, the Deputy Chairman and
the Secretary work on a permanent basis and have no right to perform other paid
work, except for scientific, academic and creative work.
4. The authorities of the Central and Regional Electoral Commissions are in
force until the formation of new Central and Regional Electoral Commissions.
5. Members of electoral commissions have the right to get familiarized
beforehand with the issues and documents presented for discussion at the
commission, to make speeches at commission sessions, to present proposals and
require voting to that end, to pose questions to the commission members and get
full answers.
6. Members of electoral commissions shall carry out the instructions of the
commission chairman, released within the latter's authorities.
7. Members of the superior electoral commission, upon the request of the
chairman of the relevant commission, have the right to participate in the
session of a subordinate electoral commission with an advisory vote, and be
present at the precinct center on the day of voting.
8. In the period of their activities members of electoral commissions can be
free from fulfillment of their productive or service duties.
9. Payment of members of electoral commissions, as well as their staff is
covered from the means of the state budget. The salary of the Chairman of the
Central Electoral Commission is equal to that of the Chairman of the Court of
Cassation. The salary of the Deputy Chairman of the Central Electoral
Commission is equal to that of the Chairman of the Chamber of the Court of
Cassation. The salary of the Secretary of the Central Electoral Commission is
equal to that of the judge of the Court of Cassation. The salary of the members
of the Central Electoral Commission and the salary of the Chairman of the
Regional Electoral Commission, in the period of the national elections, is
equal to that of the judge of the Court of Cassation. The salary of members of
Regional Electoral Commissions and the salary of Chairman, Deputy Chairman and
Secretary of the Precinct Electoral Commission, in the period of the national
elections, equals to ten minimum salaries. The salary of the Chairman, Deputy
Chairman and Secretary of the Regional Electoral Commission equals to ten
minimum salaries. The salary of the Chairman, Deputy Chairman and Secretary of
the Precinct Electoral Commission, in the period of National Assembly
majoritarian by-elections and elections of local self-governing bodies, equals
to ten minimum salaries. The salary of the members of Precinct Electoral
Commissions is preserved during the elections.
CHAPTER
EIGHT THE FORMATION OF ELECTORAL COMMISSIONS
Article
34: Principles for Formation of Electoral Commissions
1.
Citizens of the
2. Information about the composition of electoral commissions is published in
the procedure established by the Central Electoral Commission.
3. A citizen can be included in only electoral commission.
4. Deputies of the National Assembly, members of the
Article
35: Procedure for Formation of the Central Electoral Commission
1.
The Central Electoral Commission is composed of:
1). Three persons appointed by the Government;
2). One member of each of the parties and Party Alliances that have presented
at least 30 thousand valid signatures of support for their nomination and
submitted a bid to participate in National Assembly proportional elections, and
having factions in the current or dissolved National Assembly;
If a Party Alliance, which has a faction in whether current or dissolved
National Assembly, does not submit the bid to participate in proportional
elections with all its members (as an Alliance), then the right of the above
mentioned Alliance to elect a member of Central Electoral Commission will in
this case be exercised by one of the member parties of the Alliance recommended
by the Chairman of the Alliance (Faction)
3). One member of each of the first five parties that have presented at least
30 thousand and more valid signatures of support for their nomination to run in
the National Assembly proportional elections, and not having parliamentary
factions in the current or dissolved National Assembly. In case, when due to
the equal number of valid signatures, the vacant seats allocated to the parties
in the electoral commissions are not filled, then the vacancies in the
commission are filled by means of drawing a lot between the parties that have
the right to appoint members for commissions, and have collected utmost number
of valid signatures, and are coming next in the list of parties running.
2. If a member party of
If a party, which has the right determined in Par.1, point 2 of this article,
forms an
3. The new Central Electoral Commission is formed and accepts its authorities
on the second day of the expiration of the term envisaged for the registration
of the party list, running for the National Assembly proportional elections.
4. The members nominated for the Central Electoral Commission are appointed and
removed respectively by the party (faction) that has nominated them or the
Government.
5. The composition of the Central Electoral Commission is announced by the
Chairman of the current Central Electoral Commission.
6. The activities of the Central Electoral Commission are supervised by the
Chairman of the Commission or by his/her assignment - the Deputy Chairman. The
Central Electoral Commission elects the Chairman, Deputy Chairman and the
Secretary of the Central Electoral Commission at its first meeting. The first
session of the Central Electoral Commission commences in the administrative
building of the Central Electoral Commission, on the first day of the formation
of the Central Electoral Commission, at
7. The right to nominate candidatures for the position of the Chairman of the
Central Electoral Commission belongs to the members of the Central Electoral
Commission.
8. If one candidate has been running for the position of the Chairman of the
Central Electoral Commission, he/she is considered as elected, if he/she has
received more than half of the votes cast.
9. If two candidates have been running for the position of the Chairman of the
Central Electoral Commission, the candidate, who has received more votes, is
considered as elected.
10. If more than two candidates have been running for the position of the
Chairman of the Central Electoral Commission, and none of them has received
more than half of the votes cast, repeated voting is held between the candidates, that have received more votes.
11. In the event if no Chairman is elected at the first session of the Central
Electoral Commission in the established procedure, within three days Government
appoints the Chairman of the Central Electoral Commission from among the
members of the Central Electoral Commission.
12. The election of the Deputy Chairman and the Secretary of the Central
Electoral Commission is held in the procedure envisaged for the election of the
Chairman of the Central Electoral Commission by this Article.
Article
36: Procedure for Formation of Regional Electoral Commissions
1.
The Regional Electoral Commission is formed according to the procedure and
within dates established for the formation of the Central Electoral Commission.
2. The composition of Regional Electoral Commissions is published by the
Chairman of the current Central Electoral Commission.
3. The activities of the Regional Electoral Commissions are supervised by the
Chairman of the Commission or by his/her assignment - the Deputy Chairman.
4. The Regional Electoral Commission elects the Chairman, Deputy Chairman and
the Secretary of the Regional Electoral Commission, from among the members of
the commission, at the first session of the Regional Electoral Commission commission. The first session of the Regional Electoral
Commission commences on the first day of the formation of the Regional Electoral
Commission, at
5. The right to nominate candidatures for the position of the Chairman of the
Regional Electoral Commission belongs to the members of the Regional Electoral
Commission.
6. The Chairman, Deputy Chairman and the Secretary of the Regional Electoral
Commission are elected in the procedure established for the election of the
Central Electoral Commission Chairman.
7. In the event if the Chairman of the Regional
Electoral Commission is not elected in the established procedure and dates, the
Government appoints the Chairman of the Commission from among the members of
the Regional Electoral Commission within three days.
8. The new Regional Electoral Commission is formed and accepts its authorities
on the next day of the expiration of powers of the former Regional Electoral
Commission.
Article
37: Procedure for Formation of Precinct Electoral Commissions
1.
The members of the Precinct Electoral Commission are appointed by members of
the respective Regional Electoral Commissions, according to the principle of
one member of the Regional Electoral Commission - one member of the Precinct
Electoral Commission.
2. For the formation of the Precinct Electoral Commission in the
above-mentioned procedure, applications to the Regional Electoral Commission
are submitted 21 days and end 18 days prior to the day of voting.
3. In the event if the Precinct Electoral Commissions
are not formed in the above-mentioned procedure, the Chairman of the Regional
Electoral Commission fills in the vacancies of the commission within three
days. The composition of the Precinct Electoral Commission is filled also if
after the formation of the commission, in the procedure established by this
Code, the number of the members of the commission is:
1). less than nine people, in the precinct covering less than 700 voters;
2). less than eleven people, in the precinct covering 701 to 1500 voters;
3). less than thirteen people, in the precinct covering 1501 to 3000 voters.
4. The first meeting of the Precinct Electoral Commission is opened by the
Chairman of the Regional Electoral Commission at the precinct center, on the
next day of the formation of the commission, at
5. At its first session, the Precinct Electoral Commission elects the Chairman
of the commission, Deputy Chairman and the Secretary from within its members.
6. The elections of the Chairmen, Deputy Chairmen and the Secretaries of the
Precinct Electoral Commission are held in the procedure established for the
election of the Chairman of the Central Electoral Commission, within two days
time.
7. In the event if the Precinct Electoral Commission, within the dates
established in point six of this Article, does not elect the Chairman of the
commission, the Chairman of the relevant Precinct Electoral Commission is
appointed by the Chairman of the Regional Electoral Commission, not later than
two days after the formation of Precinct Electoral Commissions, from within the
members of the relevant commission.
8. Authorities of the Precinct Electoral Commissions are terminated seven days
after the official publication of the election results, in case there is no
Court dispute over the election results. In the event if there is a Court
dispute, the authorities of the Precinct Electoral Commissions are terminated
after the court resolution has entered into legal force.
Article
38: Procedure for Early Termination of Powers of the Chairman and the Members
of the Electoral Commission
1.
The powers of the Chairman of an electoral commission can be terminated early
by the decision of the relevant commission, adopted by at least two-thirds vote
of the entire number of the votes cast. The Chairman of an electoral commission
can be indicted not later than three days prior to the day of voting. New
elections of the Chairman of the commission are conducted in the procedure
established by this Code.
2. Powers of members of electoral commissions are terminated ahead of time, if:
1). he/she has does not any more have the right to vote;
2). by the party decision (for the case of its appointee);
3). by the Government's decision (for the case of its
appointee);
4). by the decision of the member of the Regional
Electoral Commission (for the case of his/her appointee);
5). in the event of his/her death;
6). based on the point ten of Article 39;
7). based on his/her application of resignation;
8). if he has been conscripted.
3. In the event of early termination of the authorities of members of the
electoral commission, vacancies are filled in the procedure established by this
Code. With the exception of Precinct Electoral Commissions, the vacancies in
commissions are not filled in within three days prior to the day of voting.
4. During the three days preceding the voting and in the period of the process
of summarization of the election results, no changes shall be made in the
composition of commissions.
Article
39: Organization of Activities of Electoral Commissions
1.
Activities of the electoral commission are conducted based on the principle of
partnership.
2. Activities of the electoral commission are supervised by the Chairman of the
commission, or by his/her assignment - by the Deputy Chairman.
3. For auxiliary works the Chairman of the Central Electoral Commission forms a
staff, working on permanent basis, headed by the Secretary of the commission. A
similar staff, working on temporary basis, can be created within the Regional
Electoral Commission, upon the consent of the Central Electoral Commission. The
Central Electoral Commission determines the amount of the remuneration of the
staff.
4. Chairman of the electoral commission decides upon the timetable for holding
regular sessions.
5. Extraordinary session is convened by the Chairman of the commission on
his/her initiative or upon the written request of at least one-third of the
commission members, within the dates fixed out by them. The Chairman informs
the members of the commission in writing, on the date of convening the
extraordinary session.
6. The session of the electoral commission is competent, if more than half of
the commission members are present.
7. The voting is considered as valid, if more than half of the members of the
commission have participated in voting. The decision is considered as adopted
with more than half of the votes cast. In the event of a parity of votes the
vote of the Chairman of the commission (Chair) is decisive.
8. The electoral commissions get a register with numbered pages and sealed by
the superior commission, which necessarily includes records on preparation and
conduct of elections, with respective dates. The requirements for the registry,
as well as the procedure on how they have to be filled out, are established by
the Central Electoral Commission.
9. Records about the attendance of the commission members to the sessions of
the commission are entered into the registry. The members present at the
session of the commission put their signatures under the minutes.
10. The members of the electoral commissions should attend the sessions of
relevant electoral commissions. In case of three absences without an excuse,
the relevant commission is entitled to terminate the authority of the member by
a decision taken by the majority of votes of the total number of commission
members.
Article
40: Procedures for Adjudication of Decisions, Actions and Inactivity of the
Electoral Commission
1.
Decisions, actions and inactivity of the electoral commission, with the
exception of the decisions of the Regional Electoral Commission, on the
summarization of the results of voting, can be appealed to a superior electoral
commission or court, within two days after the publication of the decision, or
the action, or the disclosure of the violation of legislation as a result of
the inaction, and with the exception of the decisions of the Precinct Electoral
Commission, on the voting results, which can be appealed on the day following
the voting, until 14:00, if no other date determined by the Code. The superior
electoral commission takes a decision about those appeals until the final
results of elections are summarized. If no other procedure is established by
this Code, the superior electoral commission and the Court of first instance
take decisions within five days. With the exception of the elections of the
President of the Republic, Deputies of the National Assembly and refusal to
register the lists of the parties, based on the proportional system, the rows
on declaring the registration void, the Court of first instance takes final
decision. Court of appeals takes a decision on those issues within three days,
and the cassation Court - within two days.
The Court decisions concerning election disputes will come into force right
after their publication
2. The appeals received during five days prior to the day of voting are
considered and decisions taken promptly. The decisions of the Regional
Electoral Commission on summarization of the results of elections, with the
exception of the decisions on summarization of results of the National Assembly
majoritarian elections, are appealed to the Central
Electoral Commission.
3. The decisions, activities and inactivity of the Central Electoral
Commission, with the exception of the decisions on the results of elections of
the President of the Republic and the National Assembly proportional elections,
can be appealed to the Court.
4. The disputes over the election results, with the exception of those over
elections of the local self-governing bodies, are resolved by the
5. The voting day is a working day for the employees of courts and the
prosecutor's office.
CHAPTER NINE POWERS OF THE ELECTORAL COMMISSIONS
Article
41: Powers of the Central Electoral Commission
1.
The Central Electoral Commission is the body, in charge of organization and
oversight of elections, which functions on a permanent basis, guided by the
procedure adopted by itself and has the status of a
legal person. The Central Electoral Commission
1). controls the means of the state budget allocated to it for
preparation and conduct of legitimate elections, oversees the provision of
electoral commissions with buildings, furniture, other material and technical
equipment;
2). takes a decision on the order of business for
itself and inferior electoral commissions;
3). oversees the equal application of this electoral
Code;
4). establishes the procedure for the compilation of
the voter lists in communities;
5). oversees the ensuring of equal opportunities
established for campaigning through mass media;
6). establishes forms of ballots and other election
documents, provides the electoral commissions with necessary election
documentation;
7). publishes instructions on the application of this code and other normative
acts, which are obligatory for all electoral commissions preparing and
conducting the elections and oversees their fulfillment;
8). establishes the procedure for verification and
correction of voter lists;
9). ensures equal conditions for the pre-election activities for Presidential
candidates, parties running in the National Assembly proportional elections,
and candidates registered for elections in majoritarian
constituencies;
10). within its powers takes decisions, that are
mandatory for all state and local self--governing bodies, NGOs, parties,
institutions, enterprises and organizations, as well as for officials;
11). considers the applications and complaints on decisions and actions of
electoral commissions, reviews or eliminates the decisions of commissions,
which contradict the Code and the decisions taken by superior Electoral
Commissions;
12). hears the reports of electoral commissions and
relevant state bodies on preparation and conduct of elections;
13). accredits the representatives of mass media, registers the representatives
of foreign countries as observers, NGOs, international organizations, and on
the basis of the submitted lists, issues them certificates;
14). approves the forms of ballot boxes;
15). approves the forms of seals of electoral
commissions, orders them and allocates to the electoral commissions,
establishes the procedure for the return of the seals after the elections;
16). registers and issues certificates to the persons nominated as candidates
for the President of the Republic; in the cases envisaged by the law rejects,
recognizes their registration as out of force or invalid; provides the
registered candidates for Presidency or their proxies with a sufficient number
of certificates;
17). registers the parties and initiative groups
nominating a candidate for the President of the Republic;
18). organizes the publication of biographical data of
the nominated candidates for the President of the Republic;
19). in the event of the availability of bases envisaged by the law recognizes
the presidential election as invalid or not held, makes a decision about
his/her election;
20). summarizes and approves the results of the
elections of the President of the Republic, the National Assembly proportional
elections;
21). registers parties, which have submitted
application on running in the National Assembly proportional elections and
publishes the lists of candidates nominated by them;
22). registers Deputies elected to the National
Assembly and issues them a certificate of the Member of Parliament;
23). assigns by-elections of the National Assembly of
the
24). applies to the relevant competent state bodies in
cases of violation of this Code;
25). resolves other matters related to the application
of this Code;
26). establishes the procedure for organization of
training, organizes the training of the members of electoral commissions;
27). establishes the procedure for drawing a lot in
electoral commissions;
28). numbers the majoritarian
constituencies of the National Assembly;
29). establishes the order of business in connection
with the pre-election fund and the electoral deposit;
30). realizes other powers envisaged by this Code.
2. If the constituency includes communities belonging to more than one region,
at least 65 days before the day of voting the Central Electoral Commission
determines the Regional Electoral Commission in charge of organization and
conduct of elections in that particular community.
3. After each national elections, in 90 days period,
the Chairman of the Central Electoral Commission, or upon his request, one of
the members of the Central Electoral Commission makes a statement in the
National Assembly on the organization and conduct of elections.
Article
42: Powers of the Regional Electoral Commissions
1.
The Regional Electoral Commission functions on a permanent basis, and in
accordance with the procedure adopted by the Central Electoral Commission has
the status of a legal person. Regional Electoral Commission
1). organizes the training of the persons
included in Precinct Electoral Commissions;
2). controls the means of the state budget allocated
for the preparation and conduct of elections,
3). upon the presentation of the community head
approves the precincts, stating the latter's place of voting (precinct center).
This information is transferred to the Central Electoral Commission within 2
days;
4). in conformity with the procedure established by
the Central Electoral Commission determines the consecutive numbers of
constituencies of precincts and local self-governing bodies;
5). provides the Precinct Electoral Commissions with
necessary material and technical means, election documentation; in the
established procedure organizes events required for preparation and conduct of
elections, oversees the provision of the Precinct Electoral Commissions with
buildings, furniture, means of transportation, communication and other
necessary means.
6). informs the Central Electoral Commissions on its own activity and that of
the Precinct Electoral Commissions;
7). considers applications and complaints received
about the decisions and actions of Precinct Electoral Commissions, reviews or
eliminates the decisions of Precinct Electoral Commissions that contradict this
Code;
8). makes public the preliminary results of elections
by precincts, based on the data of protocols of Precinct Electoral Commissions;
9). Clarifies and summarizes the election results and submits them to the
Central Electoral Commissions, and in the cases envisaged by the law - conducts
verification;
10). declares the day of elections to local
self-governing bodies;
11). follows the compilation of voter lists by the
community head and their display in precincts for public inspection;
12). ensures the preparation of precinct centers,
voting booths, ballots, as well as other means required for voting;
13). accredits the representatives of mass media that
have submitted applications;
14). registers the candidates running in National Assembly majoritarian
elections and issues them a certificate of the sample approved by the Central
Electoral Commission; in the cases envisaged by the law recognizes their
registration as out of force or invalid; issues to representatives of
candidates nominated for the community head or council member, certificates of
proxies, in the amount envisaged by the law;
15). registers and issues certificates to the
candidates nominated for the community head and council member;
16). clarifies, summarizes and approves the results of elections to local
self-governing bodies; in the cases prescribed by the law conducts
verifications, recognizes the elections as held, invalid or not held;
17). summarizes the results of the elections of the
community head and council member;
18). issues certificates to the elected community
heads and council members;
19). clarifies and summarizes the results of the
presidential elections, the National Assembly proportional and majoritarian elections, as well as the results of elections
to local self-governing bodies, and with exception of the results of the
elections to local self-governing bodies, submits them to the Central Electoral
Commission.
20). oversees the process of implementation of this Code by Precinct Electoral
Commissions;
21). applies to competent state bodies in the event of
violation of this code;
22). performs other powers envisaged by this Code.
Article
43: Powers of Precinct Electoral Commissions
1.
The Precinct Electoral Commission
1). controls the means of the state budget allocated
to it for the preparation and conduct of elections;
2). organizes the voting, summarizes its results at
the precinct and submits them to the Regional Electoral Commission;
3). resolves the issue of disputed ballots by a vote;
4). creates conditions for the free conduct of elections
at the precinct, ensures the procedure for voting established by this Code;
5). applies to competent state bodies in the event of
violation of this code;
6). implements other powers envisaged by this code;
2. Precinct Electoral Commissions operate on the basis of regulations adopted
by the Central Electoral Commission.
Article
44: Submission and Receipt of Election Documentation at Electoral Commissions
1.
Election documentation are submitted and received in the electoral commissions
by making records in registers, with the signatures of the submitting and
receiving persons, and by issuing a receipt.
2. For preparation and conduct of elections electoral commissions are supplied
with ballots, forms, other documentation, stationery, and other materials - the
responsible person for their receipt, transfer and preservation being the
Chairmen of relevant electoral commissions.
3. After the summarization of election results and compilation of relevant
protocols, all election documents are immediately transferred from precincts to
the Regional Electoral Commission.
4. All the election documentation, with the exception of the documentation on
elections of the local self-governing bodies, after the final summarization of
election results are transferred from Regional Electoral Commissions to the
Central Electoral Commission. The Central Electoral Commission ensures the
preservation of the above-mentioned documentation, and two months after the
election official results are announced - and in the case of a Court dispute,
after the final decision has been made - submits them to the state archives of
5. Within 2 months after the announcement of official results of elections to
the local self--governing bodies, - and in the case of a Court dispute, after
the final decision has been made - the Regional Electoral Commission submits
them to the state archives of
Article
45: Cooperation between Electoral Commissions and the Law Enforcement Bodies
The
national and regional bodies of the Ministry of Interior Affairs and National
Security, their services and subdivisions shall ensure the natural course for
conducting the elections, the unhindered activity of electoral commissions and
their members, and support the commissions, upon the commissions' request, for
the establishment of due order during the events related to elections.
SECTION THREE
VOTING SUMMARIZATION OF THE VOTING RESULTS
CHAPTER
TEN ORGANIZATION OF THE VOTING
Article
46: The Venue and Time of the Voting
The
voting is held at the precinct centers from
Article
47: The Room for Voting
1.
The voting is held in a room furnished for that purpose on the basis of one
room per one precinct.
2. The room for voting shall be as spacious building as possible and meet the
following requirements:
1). Enable the simultaneous normal work of all the members of the electoral
commission, proxies, and observers, during the whole process of voting;
2). Enable all the members of electoral commission, proxies, and observers to
have within their sight the voting booths, the ballot box, as well as the entrance
and exit of the voting booths, and the area between them and the ballot box.
3. The furnishing of the room for voting ends at least 24 hours prior to the
beginning of the voting.
Article
48: Voting Booths (Rooms)
1.
Voting booth (Room - hereinafter, voting booth) shall be furnished in a way, so
that the citizens can fill in the ballots privately from the persons present at
the precinct center.
2. A table shall be installed in the voting booth with a pen on it. The voting
booth shall have sufficiently lighting.
3. Booths are furnished for voting, at least one booth or one room for each 750
voters.
4. Voting booths shall be situated in the area between the tables for handing
out the ballots and the ballot box.
Article
49: Ballots, Ballot Box, and Seals of Electoral Commissions
1.
The Central Electoral Commission approves the specimens of ballots, ballot
boxes and seals of the electoral commissions. During the voting each citizen
gets equal number of ballots.
2. In the event of holding different elections simultaneously the ballots are
prepared in a manner, so that they obviously differ from each other.
3. The Central Electoral Commission establishes the form of the ballot and the
text on it. The ballots shall be printed on non- transparent paper.
4. The family name, first name and party affiliation (names of parties and
alliances) are mentioned on the ballot in the alphabetical order.
5. Each ballot shall contain a note on the procedure for marking the ballot.
6. The line "against all" shall be written after the candidates
(names of parties) in the ballot, with a rectangle on the right, for making the
mark.
7. Ballots are prepared not early than ten days and not later than three days
prior to the voting.
8. The seals of electoral commissions are prepared by the order of the Central
Electoral Commission, according to the specimen approved by the Central
Electoral Commission.
9. The seals of Precinct Electoral Commissions shall have four-digit numbers.
10. The Central Electoral Commission wraps the seals of Precinct Electoral
Commissions in non-transparent parcels, seals them without making any marks on
them, and not earlier than five days and not later than three days prior to the
day of voting hands them out to Regional Electoral Commissions, counting solely
the number of the seals given away, on the principle of one precinct - one
seal.
11. The parcels are numbered and sealed in the Regional Electoral Commission.
On the day prior to the day of voting, the Regional Electoral Commission gives
the parcels to the Chairmen of Precinct Electoral Commissions, one packed seal
to each.
12. Within 15 days after the day of voting, Chairmen of the Precinct and
Regional Electoral Commissions, return the seals, according to the procedure
established by the Central Electoral Commission.
Article
50: Preparation for Voting
1.
The Precinct Electoral Commissions are in charge of preparing the voting.
2. The Chairman of the Precinct Electoral Commission shall ensure the
implementation of the requirements envisaged by this Code during the voting,
and to establish a good order at the precinct center.
3. Tables for registration of voters, handing out ballot to voters, sealing the
ballots, and for the conduct of oversight on the ballot, shall be installed at
precinct centers.
4. The ballot box is installed in a place visible for the persons authorized to
be present at the precinct.
5. The Precinct Electoral Commission shall install a signboard at the precinct
center or at the entrance of the precinct center, with ballots specimen filled
in.
6. On the day of voting, the electoral lists of the parties nominated for the
National Assembly proportional elections, shall be displayed in a visible place
at the precinct.
Article
51: Organization of Voting in Diplomatic and Consular Missions
Citizens
of the
Article
52: Organization of Voting for Arrested and Detained Citizens
1.
The arrested citizens participate in elections at the precinct organized at the
place of their registration. The procedure for participation in the elections
of arrested citizens is established by the Central Electoral Commission.
2. The heads of the institutions that have the authority to keep detainees,
prepare, organize and conduct elections in the procedure established by this
Code and the Central Electoral Commission.
CHAPTER
ELEVEN VOTING PROCEDURE
Article
53: Beginning of the Voting
1. On the day prior to the day of voting the Precinct Electoral Commission
selects at its session, by drawing a lot, the three members in charge of
signing the ballots, who then have to sign all the ballots until 8:00 p.m. (the
signatures are put on the back side of the ballot). The signed ballots are kept
in a special fire-proof safe. The procedure of preservation of ballots is
determined by Central Electoral Commission.
2. At 7:00 a.m. on the voting day, the Precinct Electoral Commission selects at
its session, by drawing a lot, the members of commission, in charge of
registering the citizens (one member per each 1000 voters), the members in
charge of handing out ballots to voters (one member per each 1000 voters), the
two members for overseeing the ballots, and those two in charge of sealing the
ballots, as well as takes a decision on the timetable of their shifts. The
Chairman and the Deputy Chairman of the commission do not participate in the
drawing.
3. At 8:00 a.m. on the voting day, the Chairman of the Precinct Electoral
Commission declares the precinct open, afterwards, in the presence of the
commission members (persons authorized to be present at the voting can also be
present) he/she opens the packed seal, verifies that the ballot box is empty,
closes the ballot box and seals it. Then in the presence of the persons
authorized to be present there, he/she opens the safe with the ballots and
submits the counted ballots to the persons responsible for handing out the
ballots, and the voter lists - to the persons responsible for the voter
registration, making relevant notes in the registry.
Article
54: Access to the
1.
The military and the servicemen of the Ministry of Internal Affairs and
National Security enter the precinct center not in a marching line, unarmed.
Access to the precinct centers with arms and ammunition is prohibited, with the
exception of cases of endangering the normal course of the elections. In those
cases the Chairman or the Deputy Chairman of the Precinct Electoral Commission
permits the entry into the precinct center.
2. Apart from the members of Precinct Electoral Commission and the voters,
candidates' proxies, observers, representatives of mass media and members of
superior electoral commissions can be present at the precinct center.
3. After having voted the voter shall promptly leave
the precinct center.
4. In order to ensure the normal course of the voting the Chairman has the
right to allow the voters to enter the voting room one by one. Not more than
fifteen voters can be present in the voting room simultaneously.
Article
55: Registration of Voters
1.
Every voter having arrived for voting is registered in the list, by the
commission member responsible for registration.
2. The commission member responsible for the registration verifies the
identification documents, finds his/her name, family name and the consecutive
number in the voter list, fills in the data of the identification documents in
the voter list, and the voter signs in front of the data. In case if the voter
cannot independently sign in the voter list, he/she has the right to apply for
getting assistance from another citizen, with the exception of the members of
the commission and proxies.
3. Passport, document replacing the passport, the military certificate for the
military officers and servicemen, and for other militaries - the military
document, are the identification documents.
Article
56: Voting
1.
Immediately after the registration, the member of the commission responsible
for allocation of the ballots to the voters, hands the ballot out to the voter.
2. The member of the commission responsible for sealing the ballots seals them.
The seal shall not come out of the limits of the ballot.
3. The voter marks the ballot in privacy in the voting booth or the room. The
presence of any other person in the voting booth or room while the ballot is
being marked, is forbidden.
4. In case the voter feels that he/she has marked the ballot wrongly, he/she
can apply to the Chairman of the Commission, and in case of his absence - to
the Deputy Chairman, to be allocated a new ballot. The commission member
allocating a new ballot, makes an appropriate note in
front of the name of the voter in the voter list. The spoilt (damaged) ballot
is promptly cancelled, upon which an appropriate protocol is compiled.
5. The voter has no right to declare who he/she is going to vote for or
against/has already voted for or against. It is prohibited to inquire in any
way, as to who the voter has voted for or against.
Article
57: Procedure for marking the Ballot
1.
The voter makes a note in the ballot in front of the name of the candidate
(party), whom he/she is voting for. If the voter is against all the candidates
(parties), he/she makes a note on the line "I'M AGAINST ALL", after
the names of candidates (parties).
2. When voting for one candidate (party), the voter makes a note in front of
the words "I'M FOR", if he/she votes for, and in front of the words
"I'M AGAINST", if he/she votes against.
3. Citizens, who are unable to fill in the ballot independently, have the right
to invite another person into the voting booth, who shall not be a proxy or a
member of the electoral commission. Except for the above-mentioned case, the
presence of other persons in the voting booth while filling in the ballot is
prohibited.
4. The voter takes the four-folded ballot out of the voting booth or the room,
and approaches the commission member responsible for the ballots. The latter
verifies the identification document and making sure of the identity of the
voter and his/her being registered in the district where the
5. During the voting, all cases of violation of the voting procedure
established by this Code, upon the request of two members of the commission or
two proxies, as well as all the decisions of the Precinct Electoral Commission
are recorded in the register.
Article
58: Invalid Ballots
1.
Ballots containing votes for more than one candidate (party), ballots
containing notes supporting one candidate (party) and at the same time in the
"I'M AGAINST ALL" line, in case when one candidate (party) is
running, and there are notes in front of both "I'M FOR" and "I'M
AGAINST" words, ballots without any notes, ballots with unnecessary notes
and remarks are considered as invalid.
2. Unsealed and unsigned ballots are considered as invalid.
3. The electoral commission settles the matter of disputable ballots by means
of voting.
Article
59: Ballots of Not Approved specimen
1.
Ballots differing from the approved specimen are considered as not
corresponding to the approved specimens.
2. The electoral commission settles the matter of disputable ballots by means
of voting.
3. When the results of elections are summed up, ballots of not approved
specimen will not be taken into account.
CHAPTER
TWELVE SUMMARIZATION OF THE ELECTION RESULTS, PROCEDURE FOR
DETERMINING THE INACCURACIES
Article
60: Procedure for Summarization of the Results of Voting and Determining the
Inaccuracies at Precincts
1.
The Chairman of the Precinct Electoral Commission bans the access of voters to
the precinct center at 8:00 p.m., enables the voters at the precinct center to
vote, closes the ballot box slot, invites asks all the persons not entitled to
attend the sessions of the Precinct Electoral Commission out, and closes the
precinct center. After these steps are performed the Precinct Electoral
Commission starts the session for summarization of the voting results. For that
purpose:
1). unused ballots, wrongly marked by voters ballots and returned ballots are
counted, cancelled in the procedure established by the Central Electoral
Commission, and sealed;
2). the total number of voters is counted based on voter lists;
3). the number of voters, that have received ballots, based on the signatures
available in the voter list is counted; afterwards the above-mentioned lists
are sealed;
4). the ballot box is opened.
2. The Chairman of the commission takes one ballot out of the ballot box,
declares not approved specimen of the ballot, the validity or invalidity of the
ballot, and in case the ballot is valid ballot - also who it is voted for. Upon
request he/she shall pass the ballot to the other members of the commission. In
case a commission member disagrees with the opinion of the Chairman, he/she
submits an objection. It is put to vote. In the event of the objection, based
on the voting results, and in case of no objection, in accordance with his/her
statement the Chairman puts the ballot in the pack of ballots for the
particular candidate (party), "against all", or "invalid"
ballots, after which takes the next ballot out of the ballot box. This action
is repeated for all the ballots available in the ballot box. During the
implementation of the assortment of the ballots the members of the commission
are banned from making notes, as well as having pens, pencils or other objects
for making notes.
3. After the assortment of all the ballots available in the ballot box the
Chairman, in the presence of the members of the commission, one by one counts
the invalid ballots, ballots with votes against all, as well as the votes given
for each candidate (party). Based on the results, the total number of valid
ballots of approved specimen and of votes given for the candidates is counted.
The counted and assorted ballots are wrapped and sealed, in the procedure
established by the Central Electoral Commission.
4. Afterwards the Precinct Electoral Commission, based on the data of the
precinct summarization protocol, compiles a protocol on the amount of
inaccuracies. The commission decides the amount of inaccuracies in the following
way:
1). compares the number of ballots given to the Precinct Electoral Commissions,
with the total number of the ballots in the ballot box and the cancelled
ballots. The difference is noted as the amount of first inaccuracy;
2). compares the number of signatures in the voter
lists with the number of the ballots in the ballot box. The difference in
absolute number is noted as the amount of second inaccuracy;
3). the amounts of inaccuracies mentioned in
sub-points one and two of this point are added. The total is the amount of
inaccuracies at that precinct;
5. Each activity envisaged in the points three and four of this Article are carried out in the order mentioned, and each action is
carried out after the previous one is over, and a protocol has been compiled.
On each of the mentioned actions a separate protocol, in two copies, is compile
and signed by the members of the commission attending the session, one of the
copies being wrapped and sealed together with documents serving as a basis.
Article
61: Precinct Protocols
1.
The protocol of summarized results of voting includes:
1). the total number of voters according to voter lists;
2). the number of the registered voters, that have received ballots according
to signatures;
3). the number of ballots allocated to the Precinct Electoral Commission;
4). the number of cancelled ballots;
5). the number of valid ballots in the ballot box;
6). the number of invalid ballots;
7). the total number of the ballots in the ballot box;
8). the number of the ballots cast against all candidates (parties);
9). the number of votes cast for each of the candidate
(party);
10). the total number of votes cast for candidates
(parties).
2.
The figures, that are counted and registered in the protocol, are declared
loudly.
3. The protocols are signed by the members of the commission attending the
session; it is sealed by the Chairman of the commission. If
any member of the commission has a special opinion on the data of the protocol,
he/she makes a remark next to his/her signature and submits his/her written
opinion, which is attached to the protocol.
4. If a member of the commission refuses to sign the protocol, a protocol
thereof is compiled and attached to the summarization protocol of the voting
results.
5. From the end of the voting until the compilation of the protocol on the
inaccuracies, the session of the Precinct Electoral Commission cannot be
interrupted.
6. At the end of the session, but not later than 12 hours after the end of the
elections, the Chairman of the commission publishes the results of the voting.
7. Upon the request of the proxy of a candidate (party) or an observer they are
provided with copies of the Precinct summarization protocol, ratified by the
signature of the Chairman of the commission or the Secretary and the seal of
the commission.
8. Copies of the summarization protocol and the protocol on the inaccuracies
are displayed at the precinct center, in a visible place. Afterwards the
Chairman of the Precinct Electoral Commission submits one copy of the
summarization protocol and the protocol on the inaccuracies, and the sealed
package of ballots promptly submits to the relevant Regional Electoral
Commission, in conformity with the procedure established by the Central
Electoral Commission.
Article
62: Procedure for Summarization of the Precinct Summarization Protocols at the
Regional Electoral Commissions
1.
Based on the summarization protocols of Precinct Electoral Commissions, the
Regional Electoral Commission summarizes the preliminary results of the
elections in the Region, the number of votes cast for each candidate in the
region, the total turn-out, and the amount of inaccuracies.
2. Not later than within 22 hours after the voting has been completed, the
preliminary results of elections are recorded, published by the Chairman of the
Regional Electoral Commission, and are officially forwarded to the Central
Electoral Commission.
3. Not later than within 48 hours after the completion of voting, and in case
of complaints in the Court, or Regional Electoral Commission on the results of
voting in the precincts - within four days, the Regional Electoral Commission
compiles summarization protocol of the election results in the Region,
entering:
1). the total number of voters by voter lists;
2). the number of the registered voters, who have received ballots, according
to the signatures;
3). the number of ballots, allocated to the Precinct Electoral Commissions;
4). the number of cancelled ballots;
5). the number of valid ballots in the ballot boxes;
6). the number of invalid ballots;
7). the total number of the ballots in the ballot box;
8). the number of the ballots cast against all candidates (parties);
9). the number of votes cast for each of the candidate
(party);
10). the total number of votes cast for candidates
(parties);
11). the amount of inaccuracies.
4. The summarization protocols of the election in the Region are signed by the
members of the commission attending the session; it is sealed by the Chairman
of the commission. If any member of the commission has a
special opinion on the data of the protocol, he/she makes a remark next to
his/her signature and submits his/her written opinion, which is attached to the
protocol.
5. If a member of the commission refuses to sign the protocol, a protocol
thereof is compiled, which is attached to the summarization protocol of the
final results of elections in the Region.
6. The summarization protocol is signed by the members of the commission
attending the session; it is sealed by the Chairman of the commission.
7. The results of elections in the region are made public, and the Chairman of
the Regional Electoral Commission submits one copy of the relevant protocol
together with all the election documentation left in the Regional Electoral
Commission to the Central Electoral Commission.
8. Upon the request of the proxy of a candidate or an observer, they are given
copies of the summarization protocol of the elections in the Region, on the
election results in the Region, which has to be ratified by the signature of
the Chairman of the commission or the Secretary and the seal of the commission.
9. During national elections the Regional Electoral Commission, after voting is
completed, has to report to the Central Electoral Commission, at least every three
hours, the current election results by Precincts.
10. Upon the written request of two members of the Regional Electoral
Commission or the proxy of the candidate (party), the Regional Electoral
Commission verifies the conformity of the precinct summarization protocols of
the relevant precinct with the factual results of the elections. The members of
the relevant precinct commission - authors of the special opinion made during
the compilation of the precinct summarization protocol, Chairman of that commission,
candidates (parties) and proxies can participate in verifications.
Article
63: Procedure for the Summarization of the Election Results at the Central
Electoral Commission
1.
Based on the preliminary results of elections received from the Regional Electoral
Commissions the Central Electoral Commission, not later than 28 hours after the
completion of voting announces the preliminary results of elections, the number
of votes cast for each candidate, the total number of the voters and the amount
of inaccuracies.
2. Until the announcement of the preliminary results of the elections the
session of the Central Electoral Commission is not interrupted.
3. The Central Electoral Commission, whose session can be attended by persons
entitled to be present at the session, based on the complete final results of
the elections in the Regions, not later than within 72 hours after completion
of the voting, and in case of the complaints in the Court, or Regional
Electoral Commission on the results of voting in the precincts - within five
days, compiles the summarization protocol of the election, entering the overall
information and that by Regions:
1). the total number of the voters by voter lists;
2). the number of the registered voters, who have received ballots, according
to the signatures;
3). the number of ballots, allocated to the Precinct Electoral Commissions;
4). the number of cancelled ballots;
5). the number of valid ballots in the ballot boxes;
6). the number of invalid ballots;
7). the total number of the ballots in the ballot box;
8). the number of the ballots cast against all candidates (parties);
9). the number of votes cast for each of the candidate
(party);
10). the total number of votes cast for candidates
(parties);
11). the amount of inaccuracies.
4. The protocol is signed by the members of the commission attending the
session; it is sealed by the Chairman of the commission.
5. If any member of the commission has a special opinion on the data of the
protocol, he/she makes a remark next to his/her signature and submits his/her
written opinion, which is attached to the protocol.
6. If any member of the commission refuses to sign the protocol, a note thereof
is made in the protocol.
7. Upon the request of the proxy of a candidate (party) or an observer they are
provided with a copy of the summarization protocol on election results ratified
by the signatures of the Chairman and the Deputy Chairman of the commission and
the seal of the commission.
8. The preliminary summarization protocols of the elections of the President of
the Republic and elections to the National Assembly by proportional system are
compiled within two hours after the voting is completed.
9. The Chairman of the Central Electoral Commission, or upon his request one of
the members of the commission, after the voting is completed, makes a report on
the state television and radio, every three hours, on the current results of
the elections of the President of the Republic and the elections to the
National Assembly by proportional system. Within three hours after taking a
decision on the elections of the President of the Republic and the elections to
the National Assembly by proportional system, the Chairman of the Central
Electoral Commission, or upon his request - one of the members of the
commission makes a live report on the state television and radio on final
official results of the elections.
PART TWO
SECTION FOUR
ELECTIONS OF THE PRESIDENT OF THE REPUBLIC
CHAPTER
THIRTEEN GENERAL PROVISIONS
Article
64: Electoral System
1.
During the elections of the President of the Republic the entire territory of
the
2. The President of the Republic is elected by an absolute majoritarian
system, and in the second round - by a relative majoritarian
system.
Article
65: Requirements for Candidate of the President of the Republic
1.
In accordance with Article 50 of the Constitution anyone, who has
attained the age of thirty-five years, who has been citizen of the
2. The same person cannot be elected to the office of the President of
the Republic for more than two successive terms.
CHAPTER FOURTEEN NOMINATION AND REGISTRATION OF THE CANDIDATE FOR THE
PRESIDENT OF THE REPUBLIC
Article
66: The Right to Nominate a Candidate for the President of the Republic
In
the procedure established by Articles 67-69 of this Code, parties and citizens
have the right to nominate a Candidate for the President of the Republic.
Article
67: Nomination of the Candidate for the President of the Republic by Parties
1.
A party nominates a candidate for the President of the Republic by the decision
of its permanently functioning body.
2. In the event of the support of the same person's candidature by different
parties, party alliances can be set up.
3. Party alliances can be set up in the event of the union of at least two
parties supporting the candidature of the same person.
4. In the period of the elections, parties, within a party alliance, cannot
join other party alliances.
5. The decision on joining a party alliance is made by the permanently
functioning body of the party.
6. The party alliance is registered in the Central Electoral Commission not
later than within three days after the submission of the decision of the
permanently functioning body of the parties. Each party has the right to
nominate one candidate for the President of the Republic.
7. The decision of the permanently functioning body of the party on the
nomination of a candidate for the President of the Republic shall include the
following data of the candidate nominated:
1). family name and first name;
2). the year, month and date of birth;
3). place of residence;.
4). place of work and position (occupation);
5). party affiliation;
6). passport number;
7). declaration about his/her private property and
his/her and his/her family members' income for the last one year.
8. Together with the submission of the party's decision on the nomination of a
candidate for the President of the Republic to the Central Electoral
Commission, the charter of the party, which has nominated a candidate for the
President of the Republic is also submitted (in the event of the party alliance
- the charters of al the parties in the alliance).
9. The permanently functioning supreme body of a party submits to the Central
Electoral Commission data of two plenipotentiary representatives for
registration (family name, first name, date of birth, passport number, place of
work and position (occupation).
10. The party shall submit the documents on the nomination of a candidate for
the President of the Republic mentioned in the points two and three of this
Article and data on plenipotentiary representatives to the Central Electoral
Commission within the term, established in point one of Article 89 of this
Code.
11. The Central Electoral Commission ascertaining the validity of the submitted
documents, within five days after the expiration of the term of supporting the
nomination gives to the party (party alliance) in the person of their
plenipotentiary representatives registered with the Central Electoral
Commission, the official papers supporting the nomination of a candidate for
the President of the Republic. A protocol on the allocation of the official
papers supporting the nomination is compiled.
A candidate for the President of the Republic is considered as nominated, if at
least 35,000 citizens have supported his nomination by signing in the official
papers supporting the nomination.
Article
68: Nomination of the Candidate for the President of the Republic by Citizens
1.
At least 100 citizens of the
2. The initiative group applies in writing to the Central Electoral Commission,
with a request for registration, and to this end, besides the application,
submits the decision of the meeting on the nomination of a candidate for the
President of the Republic, as well as data for two plenipotentiary
representatives of the initiative group, as mentioned in Article 67 of this
Code and the letters of attorney, as established by the law.
3. The decision of the meeting of the initiative group shall contain the data
about the nomination for the candidate for the President of the Republic,
mentioned in point seven of Article 67 of this code, as well as the family
names, first names, dates of birth, identification document numbers, places of
residence and signatures of the members of the initiative group.
4. Upon the submission of the required documents to the Central Electoral
Commission the plenipotentiary representatives of the initiative group are
handed the official papers on the support of the nomination in the procedure
and dates established in point eleven of Article 67 of this code.
5. Each initiative group has the right to nominate one candidate for the
President of the Republic.
Article
69: Procedure for Collecting Signatures in Official Papers for Supporting the
Nomination of Candidates for the President of the Republic
1.
Each official paper supporting the nomination of the candidate for the
President of the Republic shall contain the family name, first name, year,
month and date of birth, place of residence, place of work and position
(occupation) of the nominated candidate.
2. The official paper of the support of the presidential nominee is a numbered
booklet printed in a printing house, containing 500 numbered lines for the
citizens' family name, first name, place of residence, where the voter is
registered, identification document number and the signature. The number of the
booklet is mentioned on each page of the official paper.
3. A separate line is set at the bottom of each page of the official paper for
the support, for the family name, first name, place of registered residence,
passport number and signature of the person responsible for collection of
signatures.
4. A separate line is set at the bottom of each page of the official paper for
the support for the signature of the person, who has received the official
paper of support from the Central Electoral Commission.
5. The plenipotentiary representatives of each party (party alliance) or the
initiative group are handed 80 official papers for support of the nomination.
6. Each party or initiative group organizing the nomination of the candidate
for the President of the Republic decides itself on the persons that it trusts
to collect the signatures - giving them a certificate.
7. Every citizen personally signs in the official paper of support.
8. For the purpose of collecting signatures it is prohibited to give (promise),
personally or through other means, money, bonds, food, goods or render
(promise) services to citizens free of charge.
Article
70: Verification of the Validity of Citizens' Signatures in the Official Papers
for Supporting the Nomination
1.
When receiving the official papers for the support of nomination the Central
Electoral Commission counts the total number of the collected signatures and
gives out a receipt to the person authorized to submit the official papers.
2. Falsified signatures and signatures belonging to a person without the right
to vote, as well as the signatures of those voters, whose data has been entered
onto the official papers wrongly, are considered as invalid.
3. The Central Electoral Commission verifies the validity of signatures by a
two per cent selective verification of the actual number of signatures in each
booklet. To this end the Central Electoral Commission:
1). in the procedure established by itself for drawing a lot receives the
numbers of the two per cent of signatures from the total number of signatures
available in the given booklet. The protocol thereof contains the numbers of
signatures subject to verification in the official paper for the support of
each nomination with the data of the citizen;
2). as a result of verification a protocol on the
invalid signatures shall be compiled, mentioning the number of the official
paper, number of signatures and the data of citizens;
3). the relationship of valid and invalid signatures
in the two per cent of the total number of signatures proportionally extends to
the total number of signatures, thus getting the number of valid and invalid
signatures within the total number of signatures. A protocol is compiled on the
results of the verification.
Upon the request of the candidate or his/her plenipotentiary representative,
the copies of all the protocols on the verification of the validity of
signatures are promptly handed to him/her.
Article
71: The Electoral Deposit of the Nominated Candidate for the President of the
Republic
1.
The candidates nominated for the President of the Republic pay an electoral
deposit to the Central Electoral Commission account, opened in the Central Bank
of the
2. In the event of receiving less than five per cent of the votes cast for
candidates nominated for the President of the Republic the sum of the electoral
deposit of the candidate is transferred to the state budget.
3. In the event of recognizing the election as invalid or not held, the sum of
the electoral deposit is returned.
Article
72: Registration of the Candidate Nominated for the President of the Republic
1.
Each nominated presidential candidate can be registered upon the nomination by
one party or by one initiative group.
2. The Central Electoral Commission considers the registration of a candidate
nominated for the President of the Republic, if within the term established by
points one and two of Article 89 of this Code the following documents have been
submitted:
1). official paper for the support of nomination filled out in the procedure established
by Article 69 of this Code;
2). the receipt to the citizen nominated to run in Presidential elections, on
the payment of the electoral deposit;
3). reference on the citizenship of the Republic of Armenia for the last ten
years for the citizen nominated to run in Presidential elections;
4). reference on the permanent residence in the Republic of Armenia during the
last ten years for the citizen nominated to run in Presidential elections;
5). the written statement of the nominee on the willingness to be registered as
a candidate for the President of the Republic;
6). the declaration of the citizen nominated to run in Presidential elections
on his/her private property and his/her and his/her family members' income for
the last one year.
3. References mentioned in the sub-points three and four, of point two of this
Article are allocated to the citizen nominated for the candidate by the
authorized state body, within three days after the application has been
presented, in the procedure established by the Central Electoral Commission.
4. Upon the receipt of the documents required for the registration of the
candidate for the President of the Republic by the Central Electoral Commission
and until his registration, the nominee or his plenipotentiary representative
is entitled to attend the session of the Central Electoral Commission, with an
advisory vote.
5. The Central Electoral Commission publishes the communiqué on the
registration of the candidate for the President of the Republic within three
days.
Article
73: Denial to Register the Candidate Nominated to run
for Presidency
1.
The Central Electoral Commission denies the registration of a presidential
nominee, if:
1). the restrictions anticipated by the Constitution of the Republic of Armenia
extend onto the nominee;
2). as a result of the verification, in the procedure established by this Code,
the number of valid signatures in the official papers for the support of the
nomination of a candidate is less than 35.000;
3). documents submitted for registration are falsified.
2. In the event of objection about the registration of the candidate for the
President of the Republic, the Central Electoral Commission puts the issue to
vote. The registration of a candidate for the President of the Republic is denied
by at least with two-thirds vote of the total number of the commission members.
In case of no objection the candidate is considered registered.
In the event of the denial in registration for Presidential candidate the sum
of the electoral deposit is paid back.
Article
74: Recognizing the Registration of the Candidate Nominated for the President
of the Republic as Invalid
1.
The Central Electoral Commission recognizes the registration of a candidate
nominated for the President of the Republic as invalid, by a decision adopted
with two-thirds vote of the total number of the commission members, if after
the registration, facts are revealed, which extend onto the candidate the
restrictions established by point one of Article 73 of this Code.
2. In the event of recognizing the registration of the candidate for the
President of the Republic as invalid, the sum of the electoral deposit is paid
back.
Article
75: Procedure for Appealing the Decisions on Denial of Registration, or
Recognition of the Registration of the Candidate for the President of the
Republic as Invalid
1.
The decision of the Central Electoral Commission on denial of registration or
recognition of the registration of the candidate for the President of the
Republic as invalid, can be appealed to the Court
within three days after the day the decision was taken.
2. Based on the court ruling on recognizing illegal the decision on denial in
registration or recognition of the registration of the candidate for the
President of the Republic invalid - the person is considered registered or
re-registered as a candidate for the President of the Republic.
Article
76: Recognizing the Registration of the Candidate for the President of the
Republic as Out of Force
1.
The registration of a candidate for the President of the Republic shall be
recognized out of force, if he/she:
1). Does not any more have the right to vote;
2). has submitted an application on self-withdrawal;
3). has died;
4). has violated the requirement set forth in point eight of Article 18 of this
Code;
5). has violated the requirement set forth in point seven of Article 25 of this
Code;
2. In the event of self-withdrawal of the candidacy by the candidate in the
second round, the candidate that had next maximum number of votes in the first
round, participates in the second round instead of him/her. In case there is no
such a candidate, one candidate shall be running for Presidency in the second
round.
3. Based on the application of self-withdrawal the registration of the
candidate is recognized as out of force, and the sum of the electoral deposit
and means left in his/her pre-electoral fund are transferred to the state
budget.
4. In the event the registration has been recognized out of force as a result
of the death of the candidate the sum of the electoral deposit is transferred
to the heirs, and the means left in the pre-election fund - to the state
budget.
5.In the event of recognizing as out of force the registration of a candidate
under point eight of Article 18 and point seven of Article 25 of this Code the
sum of the electoral deposit and the means left in the pre-election fund are
transferred to the state budget.
CHAPTER
FIFTEEN THE STATUS OF CANDIDATE NOMINATED FOR THE PRESIDENT OF THE
REPUBLIC
Article
77: Equality of the Candidates for the President of the Republic
Candidates
nominated for the President of the Republic have equal rights and
responsibilities.
Article
78: Rights and Responsibilities of Candidates for the President of the Republic
1.
From the moment of registration the candidates for the President of the
Republic who are in civil service or work in local self-governing bodies, are
dismissed from the performance of their professional duties during the election
period, and have no right to use the advantage of their office. The President
of the Republic of Armenia, or in conformity with the Constitution of the
Republic of Armenia, the acting President - the Chairman of the National
Assembly, or the Prime Minister - in the event of being nominated as a
candidate for the President of the Republic, continue the performance of their
duties, but shall not use the advantage of their office.
2. The person registered as a candidate for the President of the Republic shall
be released from military call-ups and training exercises.
Within that period the Central Electoral Commission pays to the candidates financial compensation, in the amount of their
average salary, from the means allocated for organization and conduct of
elections.
3. It is prohibited to fire a candidate for the President of the Republic,
transfer to another job, or send on a mission trip, on the initiative of the
administration. This term for the candidate is considered as continuation of
the profession of the candidate before he was nominated.
5. Candidates for the President of the Republic cannot be subjected to criminal
or administrative liability in court order, without the consent of the Central
Electoral Commission. The decision on the mentioned issue is adopted by the
Central Electoral Commission with two-thirds of votes of the total number of
members of the commission.
CHAPTER
SIXTEEN PRE-ELECTION CAMPAIGN OF THE CANDIDATE FOR THE PRESIDENT OF
THE REPUBLIC
Article
79: The Pre-Election Fund of the Candidate for the President of the Republic
1.
For the implementation of the pre-election campaign the candidate for the
President of the Republic can set up a pre-election fund on his own name or on
the name of his plenipotentiary representative in the Central Bank of the
2. The amount of the personal contributions of the candidate to the
pre-election fund shall not exceed the minimum salary for 10,000 times.
3. The amount of the contributions by the party to the pre-election fund, which
has nominated the candidate, shall not exceed the minimum salary for 30,000
times.
4. The amount of expenditures by the candidates from their pre-election funds
shall not exceed the minimum salary for 60,000 times.
5. Each physical person can pay voluntary contributions in the amount of up to
200 times the minimum salary, and each legal person - up to 500 times the
minimum salary.
6. In the event of being elected as the President of the Republic, as well as
in the event of getting more than five per cent of votes cast for the
candidate, the sum of the electoral deposit is paid back; after the election,
within one month of the official publication of the election results, the means
left in the pre-election fund are transferred to the account of the party, upon
whose nomination he/she was registered, or they are used for charitable
purposes. After the expiration of one month the means left in the pre-election
fund of the candidate are transferred to the state budget.
7. In the event of receiving less than five per cent of the votes cast for the
candidate, the means left in the election fund of the candidate for the
President of the Republic and the electoral deposit are transferred to the
state budget.
8. In the event of recognizing the elections as not held, the sum left in the
pre-election fund after the elections is frozen until the registration of
candidates for the new elections. The candidate registered for a repeated
voting can use the means left in the fund from the previous election.
9. The candidates registered to run for President of the Republic have the
right to use only the means of their pre-election fund for the pre-election campaign.
10. If a candidate has used means other than those of the pre-election fund for
the pre-election campaign, the Central Electoral Commission has the right to
apply to the Court, requesting to declare the registration of the candidate out
of force. The court takes a decision within five days,
and in the period of five days prior to the elections - immediately. In the
event of recognizing the candidate's registration as out of force by the
resolution of the court, the candidate's name is removed from the ballots, in
the procedure established by the Central Electoral Commission.
Article
80: Record of the Financial Means
1.
Acceptance and usage of budgetary means, contributions made to the pre-election
funds and expenditures, as established by the procedure of the Central
Electoral Commission, is recorded, in conformity with the legislation of the
Republic of Armenia.
2. In the procedure established by the Central Electoral Commission within ten
days after the elections the candidates and parties present a report to the
Central Electoral Commission, on the expenditures from the means of the
election fund. Immediately upon the receipt of the reports, the Central
Electoral Commission publishes the copies of reports, in the procedure
established by the Central Electoral Commission.
3. The Precinct Electoral Commission reports on financials expenditures to the
Regional Electoral Commission within ten days after the elections are
conducted. The Regional Electoral Commission reports on financial expenditures
to the Central Electoral Commission, within twenty days after the elections are
conducted. The Central Electoral Commission reports to the Audit Chamber of the
National Assembly of the Republic of Armenia, within sixty days after the
elections are conducted.
Article
81: Pre-Election Campaign of the Candidate nominated for the President of the
Republic
1.
The free of charge and paid pre-election campaign of the candidates for the
President of the Republic on state TV and radio is carried out in the procedure
established by the Central Electoral Commission.
2. The Central Electoral Commission ensures equal opportunities for candidates
for the President of the Republic for the use of free of charge and paid live
airing time on state TV and radio.
3. A candidate nominated to run for the President of the Republic has the right
to use not more than 60 minutes of free airing time on state TV, and not more
than 120 minutes of free airing time on state radio.
4. A candidate nominated to run for the President of the Republic, or upon his
consent the party or initiative group, that has nominated him have the right to
use the paid airing time on state TV for not more than 120 minutes, and on
state radio - for not more than 180 minutes, at the expenses of the candidate's
pre-election fund.
5. Upon the consent of the candidate for the President of the Republic the
party or initiative group, that has nominated him, can also use the airing
time.
6. The Central Electoral Commission guarantees 5 minutes of airing time on
state TV for each of the candidate on the day prior to the day of voting.
7. The Central Electoral Commission reimburses to the candidates, who have
received 25 and more per cent of the votes cast in the elections, fifty per
cent of the costs during the pre-election campaign, from its means allocated
for organization and conduct of elections.
CHAPTER
SEVENTEEN BALLOTS: SUMMARIZATION OF THE ELECTION RESULTS
Article
82: Ballots
1.
Family names of candidates in alphabetical order, first names, and the name of
the nominating party, and in the case of nomination by civil initiative - the
words "civil initiative", are entered onto the ballot for the
elections of the President of the Republic.
2. The ballots for the elections of the President of the Republic are printed
and prepared by the order of the Central Electoral Commission.
The Central Electoral Commissions hands out the ballots through Regional
Electoral Commissions to Precinct Electoral Commissions on the day prior to
voting.
3. Ballots are allocated in the amount of five per cent more than the number of
the voters in the precinct voter list.
Article
83: Summarization of the Election Results
1.
The Central Electoral Commission, based on the results of summarization
protocols of elections in regions, in the procedure established by Article 60
of this Code summarizes the election results, and within the time frame
established in point three of Article 63 takes one of the following decisions:
1). on the election of the President of the Republic;
2). on conducting the second round of voting;
3). on recognizing the election as invalid and on the non-election of
President;
4). on recognizing the election as not held and on the non-election of
President.
2. The disputes over the decision of the Central Electoral Commission on the
results of the elections of the President of the Republic can be appealed to
the Constitutional Court of the Republic of Armenia not later than within seven
days after the official announcement of the results.
Article
84: The Decision of the Central Electoral Commission on the Election of the
President of the Republic
1.
The Central Electoral Commission adopts a decision on electing the President of
the Republic the candidate, who has received more than half of the votes cast
for candidates.
2. In the event of one candidate running, he/she is considered as elected, if
he/she has received more than half of the votes cast.
Article
85: The Decision of the Central Electoral Commission on Conducting the Second
Round for the Elections of the President of the Republic
1.
If more than two candidates were running, and none of them has received the
required number of votes, on the fourteenth day after voting the second round
of the election is conducted, with the two candidates having received more
votes to be running in it.
2. The candidate, who has received more votes in the second round, is
considered as elected.
3. In the event of one candidate running, he/she is considered as elected, if
he/she has received more than half of the votes cast.
Article
86: The Decision of the Central Electoral Commission on Recognizing the
Election of the President of the Republic as Invalid
The
election of the President of the Republic is recognized as invalid, at any
stage, if:
1). the amount of inaccuracies influencing the number of votes cast for the
candidate has significant impact on election results, i.e. it is impossible to
restore the actual election results and determine the elected candidate;
2). such violations of this Code have taken place during the preparation and
conduct of the elections, which could have influenced the result of the
election.
Article
87: The Decision of the Central Electoral Commission on Recognizing the
Election of the President of the Republic as Not Held
The
election of the President of the Republic is recognized as not held, if:
1). the only candidate running has not received the required number of votes to
be elected;
2). The elected candidate has died before the summarization of the election
results.
CHAPTER
EIGHTEEN CONDUCTING THE ELECTIONS OF THE PRESIDENT OF THE REPUBLIC
Article
88: Time frames for Conducting the Elections of the
President of the Republic
1.
The election of the President of the Republic is conducted fifty days prior to
the expiration of the term of powers of the President of the Republic.
2. The Chairman of the Central Electoral Commission makes a statement on day of
the election of the President of the Republic on state TV and radio not later
than 100 days prior to the election day.
3. The day of the election of the President of the Republic is declared a
day-off.
Article
89: Time frames for Nomination and Registration of the Candidate for the
President of the Republic
1.
Documentation required for the nomination of a candidate for the President of
the Republic are submitted to the Central Electoral Commission by a party
(party alliance) or initiative group not earlier than 90 days and not later
than 75 days prior to the election day, until 6:00 p.m.
2. The process for support of the nomination of a candidate is implemented not
earlier than 70 and not later than 50 days prior to the election
day, until 6:00 p.m. The Central Electoral Commission accepts the
documents supporting the nomination until the deadline for supporting the
nominations
3. The registration of the candidates is done not earlier than 50 and not later
than 30 days prior to the election day.
4. If until the last day of the submission of the official lists of support of
the candidates, lists are not submitted for any candidate or are submitted for
one candidate only, the deadline for the submission of the official lists of
support and the registration of the candidates is extended for five days.
Article
90: New Election of the President of the Republic
1.
If the President of the Republic is not elected as set forth in cases in
Articles 86 and 87 of this Code, on the fortieth day after the voting a new
election is conducted. In this case the new election of the President of the
Republic is held with another nomination of candidates.
2. In the event of insurmountable obstacles for one of the presidential
candidates, the presidential election is postponed for two weeks. If within
this term the insurmountable obstacles are not overcome or in case of death of
one of the candidates before the voting, new elections are held.
3. The new election is held on the fortieth day after the obstacles have been
recognized insurmountable.
Article
91: Extraordinary Elections of the President of the Republic
In
the event of the resignation, death, impossibility of implementation of powers
of the President of the Republic, or his impeachment, by the procedure
established in Article 57 of the Constitution of the Republic of Armenia, on
the fortieth day of the vacancy in the president's office - extraordinary
elections of the President of the Republic are held.
Article
92: Procedure for Conducting New and Extraordinary Elections of the President
of the Republic
1.
The new and extraordinary elections of the President of the Republic are held
in the procedure established by this Code for the regular election.
2. In cases set forth by the Articles 86 and 87 of this Code, when holding new
as well as extraordinary elections of the President of the Republic at least
20,000 signatures are collected to support of the nomination. For that purpose
fifty official papers for the support of the nomination are allocated.
3. The Chairman of the Central Electoral Commission makes a statement on the
day of the new and extraordinary elections of the President of the Republic, on
state TV and radio not later than 39 days prior to the election
day.
Article
93: Nomination and Registration of Candidates for the President of the
Republic, Formation of Electoral Precincts and Precinct centers, Publication of
Voter Lists during the Extraordinary Elections of the President of the Republic
1.
Documents required for the nomination of a candidate for the
President of the Republic are submitted to the Central Electoral Commission by
a party or an initiative group not earlier than 36 and not later than 30 days
prior to the election day, until 6:00 p.m.
2. Support of the nomination of a candidate is done not earlier than 28 and not
later than 20 days prior to the election day, until
6:00 p.m. The Central Electoral Commission accepts the documents supporting the
nomination until the deadline for supporting the nominations.
3. The registration of the candidates is done not earlier than 20 and not later
than 12 days prior to the election day.
4. Electoral precincts and precinct centers are formed at least 25 days prior
to the election day. The community head submits the
voter lists to the head of the institution that administers the building of the
precinct center at least 20 days prior to the voting day, who immediately
displays them at the precinct center, in a place visible for all.
SECTION FIVE
ELECTIONS TO THE NATIONAL ASSEMBLY
CHAPTER
NINETEEN GENERAL PROVISIONS
Article
94: Composition of the National Assembly
In
accordance with Article 63 of the Constitution of the Republic of Armenia, the
National Assembly is composed of one hundred and thirty one deputies.
Article
95: The Electoral System
1.
Elections to the National Assembly are held by proportional and majoritarian systems.
2. 56 deputies are elected by proportional system from among the number of
candidates nominated for deputy by lists from one multi-mandate constituency,
covering the entire territory of the Republic.
3. 75 deputies are elected by majoritarian system -
one deputy from one constituency.
Article
96: Electoral Right
1.
Every citizen is entitled to one vote at the multi-mandate constituency, and
one vote at the single-mandate constituency.
2. A citizen can be nominated exclusively by one list and exclusively at one majoritarian constituency.
Article
97: Requirements for a Candidate for Deputy
1.
In accordance with Article 64 of the Constitution of the Republic of Armenia,
anyone who has attained the age of 25 years, has been a citizen of the Republic
of Armenia for the last five years, has been a permanently residing in the
Republic of Armenia for the last five years and has the right to vote, can be
elected a Deputy.
2. Members of the Constitutional Court, judges, Ministers, Deputy Ministers,
the Mayor of Yerevan, Deputy Mayor, Governors, Deputy Governors, employees of
the Ministry of Internal Affairs and National Security, employees of tax
inspection and customs department, employees of the prosecutor's office, the
military, and the insurance agents (employees of the social security) cannot be
nominated as candidates for deputy to the National Assembly by majoritarian system. The above-mentioned persons can be
registered as candidates for the deputy of the National Assembly after they
resign from the positions they are holding.
3. Members of the Constitutional Court, judges, employees of the Ministry of
Internal Affairs and National Security, employees of tax inspection and customs
department, employees of the prosecutor's office, and the military cannot be
nominated as candidates for deputy to the National Assembly by proportional
system. The above-mentioned persons can be registered as candidates for the
deputy of the National Assembly by proportional system after they resign from
the position they are holding.
Article
98: Constituencies
1.
For conducting the National Assembly majoritarian
elections 75 constituencies are formed on the territory of the Republic of
Armenia, which shall meet the following requirements:
1). equal number of voters shall be included in the constituencies; up to 15
per cent difference of the number of voters is allowed;
2). constituencies form a unified territory; it is not allowed to include
precincts without common borders in one constituency.
3). constituencies are formed and numbered by the Central Electoral Commission,
on the basis of the number of voters registered in their regions, which is
provided by the Governors. The data is submitted according to the communities,
at least 95 days prior to the day of elections.
2. The Central Electoral Commission establishes and publishes the numbered list
of the single-mandate constituencies and their scheme, at least 90 days prior
to the day of elections.
3. During the extraordinary elections constituencies do not undergo changes.
CHAPTER
TWENTY NOMINATION AND REGISTRATION OF CANDIDATES FOR DEPUTIES
Article
99: The Right to Nominate a Candidate for Deputy
1.
Parties and party alliances have the right to nominate candidates for deputies
to the National Assembly by proportional system.
2. Party alliances can be set up in the event if at least two parties form a
pre-electoral union.
3. In the period of elections, parties, within a party alliance, cannot join
other party alliances.
4. The decision on joining a party alliance is made by the permanently
functioning body of the party.
5. The party alliance is registered in the Central Electoral Commission not
later than within three days after the submission of the decision of the
permanently functioning body of the parties.
6. Lists of the party alliances are compiled from the separate lists presented
by the each of the parties within the alliance. The order of the candidates in
the party lists of the alliance is decided during the joint consultations of
the parties within the alliance.
7. In the event of withdrawal of a party from the party alliance the names of
candidates submitted by those parties is withdrawn from the party alliance
list.
8. Parties registered in the Republic of Armenia, in accordance with the
procedure in Article 104, and the citizens, in accordance with Article 105 of
this Code have the right to nominate candidates for deputies of the National
Assembly by majoritarian system.
Article
100: Nomination of Candidates for Deputies of the National Assembly by
Proportional System
1.
Parties present application to the Central Electoral Commission on running in
elections of the National Assembly by proportional system, upon the decision of
their permanently functioning body.
2. Each party has the right to nominate only one list of candidates for
deputies. The party within a party alliance has no right to nominate a separate
candidates' list on its own behalf. Women shall make at least five per cent of
the candidates in the electoral lists presented by a party for the elections to
the National Assembly by proportional system. Non-partisan representatives can
also be included in the electoral lists presented by a party, by proportional
system.
3. The application of a party on running in the elections of the National
Assembly shall include:
1). party charter (in the event of the party alliance - the charters of al the
parties in the alliance), the document on naming the alliance;
2). decision of the permanently functioning body of the party on the nomination
of candidates for deputies to the National Assembly by the proportional system,
the list of the candidates, which includes - by consecutive numbers - the
family name, first name, date of birth, passport number, place of registered
residence, place of work and position (occupation) of nominated candidates;
3). receipt on the payment of the electoral deposit in
the amount of 2,500 times the minimum salary;
4). references, that the candidates nominated by party
lists have been a citizen of the Republic of Armenia within the last five
years;
5). references, that the candidates nominated by party
lists have been permanently residing in the Republic of Armenia for the last
five years;
6). written statement of the candidates nominated by
party lists of their consent for being registered as candidates for deputies;
7). declaration about his/her private property and
his/her and his/her family members' income for the last one year;
8). separate party lists presented by the parties
within the alliance.
4. References mentioned in sub-points four and five of point
three of this Article are allocated to the citizens nominated as
candidates, in the procedure established by the Central Electoral Commission,
by the authorized state body within three days after the application.
5. For the registration with the Central Electoral Commission the permanently
functioning body of a party submits the data of up to three plenipotentiary
representatives (family name, first name, date of birth, place of work and
position (occupation).
6. The Central Electoral Commission making sure of the validity of the
submitted documents decides to issue official papers for the support of
nomination (in the amount requested) to the party, in the person of its
plenipotentiary representatives registered in the Central Electoral Commission.
The Central Electoral Commission establishes the procedure for the allocation
of the official papers of support.
7. If a party within an alliance has refused to be registered, its
representatives shall be withdrawn from the general list.
8. The sum of the electoral deposit of the party that has received mandates in
the National Assembly by proportional system is returned; the electoral deposit
of the parties that have not received mandates - is transferred to the state
budget.
9. A party list is considered as nominated, if at least 30,000 citizens have
supported its nomination and expressed their will by signing the official
papers for the support of nomination.
10. The procedure for collecting signatures in the official papers for the
support of nomination of parties, which have submitted application on
participation in the elections of the National Assembly by proportional system,
and the verification of validity is carried out according to the procedure set
forth in Articles 69-70 of this Code.
11. In the event of recognizing the elections as invalid, the sum of the
electoral deposit is returned.
Article
101: Registration of Party Lists, running in the Elections of the National
Assembly by Proportional System
1.
A party list is considered as registered, if the party submits all required
documents within the determined dates and in compliance with the procedure
determined by the Code, and if at least 30,000 valid signatures are available
in the official papers for the support of its nomination.
2. In case of objections around the registration of party list, a voting will
be set. If there are no objections, the list is considered registered. The
registration of the party list may be rejected following the decision, taken by
two thirds of the total number of the members of the commission.
3. The session of the commission discussing the issue of registration of the
party list, can be attended by the plenipotentiary representative of the party.
Article
102: Denial in Registration or Recognition as Invalid of a Party List and the
Candidate on it
1.
Central Electoral Commission denies the registration of a party list if:
1) in accordance with the procedure of this code, the number of valid
signatures for the support of the nomination of the party is less than 30,000.
2) Documents submitted for registration are falsified.
2.
Central Electoral Commission denies the registration of a citizen in the party
list, if
1) restrictions set forth by the Code extend onto him/her;
2) documents submitted for his/her registration are falsified
Central Electoral Commission denies the registration of a citizen in the party
list by at least two/third vote of the total number of its members.
3.
In case of denial of registration of a party list, the sum of electoral deposit
is paid back.
4.
Central Electoral Commission declares the registration of the party list
invalid, if the following facts are disclosed after the registration:
1) restrictions set forth by the Code extend onto the party list;
2) documents submitted for registration are falsified.
5.
Central Electoral Commission declares the registration of a candidate in the
party list invalid, if the following facts are disclosed after the registration:
1) restrictions set forth by the Code extend onto the candidate;
2) documents submitted for the registration of the candidate are falsified.
In the above-mentioned cases, candidate is taken out of the party list.
6.
If registration of party list is declared invalid, electoral deposit
as well as all means of pre-electoral fund are transferred to the state
budget.
7. Central Electoral Commission may declare the registration of the party list
or a candidate in the party list invalid by at least two/third vote of the
total number of its members.
8.
The decision of Central Electoral Commission on the denial or recognition as
invalid of the registration of party list or a person in it may be appealed to
Court within three days after it has been taken.
9.
Based on the verdict of Court on recognizing unlawful the decision on the
denial or recognition as invalid of registration of the party list and a
citizen in it, the party list or the citizen in it shall be recognized
registered or re-registered.
Article
103: Recognition of the Registration of the Party List and the Candidate on it
as Out of Force
1.
The registration of a party list shall be recognized as out of force, if:
1). an application on self-withdrawal has been submitted;
2). the requirement under point eight of Article 18 of this Code has been
violated;
3). the requirement under point 7 of Article 25 of this Code has been violated.
2. A party can submit an application on self-withdrawal to the Central
Electoral Commission not later than ten days prior to voting.
3. Based on the application on self-withdrawal the registration of the party
list is recognized out of force and its electoral deposit, as well as the means
left in the pre-election fund are transferred to the state budget.
4. In the event of recognizing the registration of a party list as out of force
under point eight of Article 18 and point seven of Article 25, party's
electoral deposit and the means left in the pre-election fund are transferred
to the state budget.
4. The registration of the candidate on a party list is recognized as out of
force, if he/she:
1). has submitted an application on self-withdrawal;
2). has died;
3). the requirement under point eight of Article 18 of this Code has been
violated;
4). the requirement under point seven of Article 25 of this Code has been
violated;
5). Does not any more have the right to vote.
Article
104: Nomination of Candidates for the National Assembly Deputies by Parties by Majoritarian System
1.
Parties registered in the Republic of Armenia have the right to nominate
candidates for the National Assembly Deputies by majoritarian
system.
2. Parties have the right to nominate one candidate at each constituency.
3. The nomination of candidates by majoritarian
system is carried out by the decision of permanently functioning body of the
party by secret vote.
4. A party can nominate as a candidate also a person, who is not a party
member.
Article
105: Nomination of Candidates for the National Assembly Deputy by Citizens by Majoritarian System
1.
At least fifty citizens of the Republic of Armenia who have the right to vote
can form an initiative group for the nomination of candidates for the National
Assembly deputy by majoritarian system.
2. The initiative group applies in writing to the Regional Electoral Commission
with a request for registration, for which, apart from the application, submits
the decision of the meeting of the initiative group for the nomination of the
candidate for the deputy of the National Assembly, as well as data, in
accordance with Article 67 of this Code, on the two plenipotentiary
representatives of the initiative group, in the manner prescribed by the law.
3. The decision of the meeting of the initiative group shall contain the family
names, first names, dates of birth, identification documents numbers, place of
residence, address and signatures of the members of the initiative group.
4. After submitting the necessary documents to the Regional Electoral
Commission, authorized proxies of candidates will be given 2 official papers
for support of the nomination of candidate, in compliance with the procedure
determined by the Code.
Article
106: Requirements for Nomination of a Candidate for the Deputy of the National
Assembly by Majoritarian System
1.
The decision of the permanently functioning body of the party and the
application (decision) of the initiative group on the nomination of the
candidate for the deputy of the National Assembly by majoritarian
system shall include the constituency number and the following data on the
nominated candidate:
1). family name, first name;
2). year, month and date of birth;
3). place of registered residence;
4). place of work and position (occupation);
5). party affiliation;
6). declaration about his/her private property and
his/her and his/her family members' income for the last one year;
7). passport number.
2. Together with the submission to the Regional Electoral Commission of the
decisions of the permanently functioning body of the party and of the
initiative group on the nomination of the candidate for the deputy of the
National Assembly by the majority system, the written statement of the
nominated candidate on his/her willingness to be registered in the given constituency
shall be submitted.
Article
107: Procedure for Collecting Signatures by Parties and Citizens for Nomination
of the National Assembly Candidates by Majoritarian
System and the Procedure for Verification of their Validity
In
the time frame established by Article 117, parties and citizens receive
official papers for the support of the nomination of the National Assembly
candidates from the relevant Regional Electoral Commission. For the support of
the nomination signatures of at least 500 voters of the given constituency
shall be collected for the nomination of the given candidate; the signatures
are collected and their validity is verified in accordance with the procedure
established by Articles 69-70 of this Code.
Article
108: Registration of Candidates for Deputy of the National Assembly Nominated
by the Majoritarian System
1.
Candidates for the deputy of the National Assembly nominated by majoritarian system are registered by the decision of the
Regional Electoral Commission.
2. At least 45 days prior to the elections to the National Assembly, parties
and initiative groups submit to the Regional Electoral Commission for
registration of candidates by majoritarian system the
following documentation:
1). at least 500 signatures of voters residing in the given constituency,
confirming the nomination;
2). receipt on payment of the electoral deposit in the amount of 100 times the
amount of the minimum salary;
3). reference on citizenship of the Republic of Armenia for the last five
years;
4). reference on permanent residence in the Republic of Armenia during the last
five years;
The candidate submits the above-mentioned documentation to the Regional
Electoral Commission by himself/herself or through a plenipotentiary
representative.
3. In the event of being elected to the National Assembly, as well as receiving
more than five per cent of the votes cast, the electoral deposit is paid back.
4. The candidate or his/her plenipotentiary representative or the
plenipotentiary representative of the party, which has nominated him/her, has
the right to be present at the session of the commission during the
consideration of the registration of the nomination of the candidate.
The Regional Electoral Commission denies the registration of the nominated
candidate, if:
1). the number of valid votes in the official papers for the support of the
candidacy after the verification is less than 500;
2). restrictions set forth by this Code extend onto the citizens nominated for
the candidate;
3). the documentation submitted for registration are falsified.
5. In the event of an objection about the registration of the citizen nominated
for the candidate, the issue is put to vote. The registration is denied with at
least two-thirds vote of the total number of the members of the Central
Electoral Commission. In the event of no objection - the candidate is
considered as registered.
6. In the event of the denial of the registration of the citizen nominated for
the candidate, his/her electoral deposit is paid back.
7. The Regional Electoral Commission recognizes the registration of the citizen
nominated for the candidate as invalid, if after the registration the following
facts have been revealed:
1) the restrictions under this Code extend onto the candidate.
2) Documents submitted for registration are falsified.
Central Electoral Commission declares the registration of a candidate invalid
by at least two/third vote of the total number of its members.
8. In the event of recognizing the registration of the candidate as invalid,
his/her electoral deposit and the means left in the pre-election fund are
transferred to the state budget.
9. The decision of the Regional Electoral Commission on the denial or
recognizing as invalid the registration of the candidate for the deputy can be
appealed to court within three days after it has been taken.
10. Based on the judgement of the court on
recognizing the decision on the denial or recognition invalid of the
registration of the candidate for the deputy unlawful, he/she is recognized as
registered or re-registered.
Article
109: Recognition as Out of Force of the Registration of the National Assembly
Candidate Nominated by Majoritarian System
The
registration of the National Assembly candidate by majoritarian
system is recognized as out of force, if he/she:
1). has not any more the right to vote;
2). has submitted an application on self-withdrawal;
3). has died;
4). has violated the requirement under point eight of Article 18 of this Code;
5). has violated the requirement under point seven of Article 25 of this Code;
2. In the event of recognizing the registration of the candidate nominated for
the deputy of the National Assembly by majoritarian
system as out of force in the result of his/her death, the electoral deposit is
transferred to his/her heirs, and the means left in the pre-election fund are
transferred to the state budget.
3. In the event of recognizing the registration of the candidate nominated for
the deputy of the National Assembly by majoritarian
system out of force under point eight of Article 18 and point seven of Article
25 of this Code the electoral deposit and the means left in the pre-election
fund are transferred to the state budget.
4. In the event of recognizing the registration of the candidate nominated for
the deputy of the National Assembly by majoritarian
system as out of force in the result of losing the voting right, the sum of the
electoral deposit is paid back and the means left in the pre-election fund are
transferred to the state budget.
CHAPTER
TWENTY-ONE STATUS OF THE CANDIDATE FOR DEPUTY
Article
110: Equality of the Candidates for National Assembly Deputies
Candidates
for deputy have equal rights and responsibilities.
Article
111: Rights, Responsibilities and Guarantees for Activity of the Candidates for
National Assembly Deputies
1.
Those candidates, who are employees of the state and local self-governing
bodies of the Republic of Armenia, are released from the performance of their
official duties, from the time of registration until the official announcement
of the election results.
2. The candidates are released from call-ups, military service and military
training until the official announcement of the election results.
3. The period of time of candidate's running in elections is considered as
continuation of his/her professional career.
4. Candidates have the right to withdraw their candidature not later than ten
days prior to the election. In the event of the withdrawal of the candidacy the
electoral deposit and the means left in the pre-election fund are transferred
to the state budget.
5. Parties have the right to withdraw their party lists, as well as withdraw
any candidacy registered by the lists by the decision of the permanently
functioning body of the party, not later than 10 days prior to the day of
voting. That decision is immediately submitted to the Central Electoral
Commission. It is forbidden to make any changes in the party electoral lists
after the voting is completed.
6. A candidate on the party list can be arrested, subjected to administrative
or criminal liability by court order, solely upon the consent of the Central
Electoral Commission, and the candidates nominated to the National Assembly by majoritarian system - upon the consent of the Regional
Electoral Commission. The Central Electoral Commission and the Regional
Electoral Commission take a decision on the above-mentioned issue by at least
two-thirds vote of the total number of the members of the commission.
CHAPTER
TWENTY-TWO PRE-ELECTION CAMPAIGN DURING THE ELECTIONS TO THE NATIONAL
ASSEMBLY
Article
112: The Pre-Election Fund of the Candidate for Deputy and the Party
1.
The candidate for the deputy and the party that has nominated an electoral list
for the National Assembly proportional elections, for the purpose of conducting
pre-election campaign, can establish an pre-election
fund on the name of their plenipotentiary representative, which is formed from
voluntary contributions set forth in Article 25 of this Code.
2. A candidate has the right to make a contribution to his/her own pre-election
fund in the amount 1,000 times the minimum salary of the Republic of Armenia,
and a party - in the amount of 2,000 times the minimum salary.
3. Each physical person can make a voluntary contribution to pre-electoral
funds of candidates and parties, in the amount of up to fifty times the minimum
salary, and each legal person - up to 150 times the minimum salary.
4. During the pre-election campaign a candidate has the right to spend an
amount not exceeding 5,000 times the minimum salary, and a party - an amount
not exceeding 60,000 times the minimum salary.
5. Candidates for deputies of the National Assembly and parties, registered in
the procedure established by this Code to run in the elections of the National
Assembly, for the purpose of conducting pre-election campaign have the right to
use the means of their pre-election funds only.
Article
113: Pre-Election Campaign
1.
The pre-election campaign during the elections to the National Assembly is
conducted in accordance with the procedure and time frames set forth in
Articles 18-23 of this Code.
2. Parties running in the elections to the National Assembly, in the period of
the pre-election campaign enjoy the rights established by Article 81 of this
Code.
CHAPTER
TWENTY-THREE BALLOTS, SUMMARIZATION OF THE ELECTION RESULTS
Article
114: Ballots
1.
The elections to the National Assembly by the proportional and majoritarian systems are held with separate ballots.
2. A ballot for the elections to the National Assembly by proportional system
contains the names of parties (party alliances) in alphabetical order, as well
as the family names and first names of the first three candidates on the list.
3. Ballots for the elections to the National Assembly by proportional system
are printed by the order of the Central Electoral Commission. The Central
Electoral Commission, through Regional Electoral Commissions allocates the
ballots to Precinct Electoral Commissions on the day prior to the day of
voting. The ballots shall be of the same colour.
4. A ballot for the elections to the National Assembly by the majoritarian system contains the family names and the first
names of the candidates in alphabetical order, according to the family name,
and the names of the nominating parties (party alliances), and in the event of
civil initiative - the words "Civil initiative".
5. Ballots for the elections to the National Assembly by majoritarian
system are printed by the order of the Regional Electoral Commission. The
Regional Electoral Commission allocates the ballots to Precinct Electoral
Commissions on the day prior to the day of voting.
6. Ballots shall be of the same colour, and differ
from the colour of the ballots mentioned in point two
of this Article.
7. The number of ballots allocated shall be five per cent more, than the number
of voters on the precinct voter list.
Article
115: Summarization of Results of the National Assembly Proportional Elections
1.
The Central Electoral Commission based on the data of the summarization
protocols of voting results in the regions, in the procedure and time frames
established by Article 63 of this Code summarizes the election results, and
takes one of the following decisions:
1). on the election of the deputies of the National Assembly by proportional
system;
2). on recognizing the election to the National Assembly by proportional system
as invalid;
2. Mandates envisaged for the National Assembly by proportional system are
distributed among those party lists, which have received at least five per cent
of the total of the number of the votes cast for party lists, running in the
elections and the number of inaccuracies. In case only one party has received
the five per cent of the total of the number of the votes cast for party lists
and the number of inaccuracies, the two parties that have received the next
maximum votes participate in the distribution of the mandates. If up to three
parties run in the elections to the National Assembly by proportional system,
then all the parties participate in the distribution of mandates.
3. Mandates envisaged for the National Assembly by proportional system are
distributed among the party lists - proportional to the votes cast for them.
The counting of the mandates to be distributed to each party list is done as
follows: the number of votes cast for each list is multiplied by the number of
mandates to be allocated to the lists, the result is divided by the total
number of votes cast for the lists participating in the distribution of the
mandates, and the integer numbers are separated, which are the numbers of
mandates to be allocated to each list.
4. The rest of the mandates are distributed among the lists by the magnitude of
residuals, on the principle of one mandate to each. In the event of the
equality of the magnitude of residuals the disputed mandate is given to the
list, which has received the biggest number of "yes" votes. In the
event of their equality the matter is settled by drawing a lot.
5. The candidate, whose consecutive number in the list is
small or equal to the number of mandates to be allocated to the given list
is considered elected by the list.
6. The mandate to be allocated to the candidate elected by proportional system,
but who has been also elected by majoritarian system,
shall be given to the next candidate on the list.
7. Elections to the National Assembly by proportional system are recognized as
invalid, if:
1). Such violations of this Code have taken place during the preparation and
conduct of the elections, that could have influenced the election results.
8. Appeals related to disputes over the results of the National Assembly
proportional elections can be adjudicated to the Constitutional Court of the
9. Re-election will be held not sooner than 10 days and not later than 20 days
after the decision on declaration of National Assembly proportional elections
invalid comes into force, with the same number of candidates, in compliance
with the current Code.
Article
116: Summarization of Results of the National Assembly Majoritarian
Elections
1.
Based on the data of the summarization protocols of voting, in the procedure
and time frames set forth in Article 62 of this Code, the Regional Electoral
Commission summarizes the election results by constituencies, and takes one of
the following decisions:
1). on the election of a deputy;
2). on recognizing the elections of the deputies as invalid;
3). on recognizing the elections of the deputies as not held;
2. The candidate, who has received the maximum "yes" votes, is
considered as elected.
3. In the event if only one candidate runs at the elections, he/she is
considered as elected, if he/she has received more than half of the votes of
the participants in the elections.
4. In the event if two and more candidates have received maximum equal
"yes" votes, drawing is held among them, to determine the elected
candidate.
5. The election of the deputies is recognized invalid, if the amount of
inaccuracies influencing the number of votes excludes the possibility to
determine the elected candidate, if in the course of preparation or conduct of
elections such violations of the Code occurred, that might effect
the results of elections.
6.
The election of a deputy is recognized not held, if:
1). the only candidate running has not received the required number of votes
for being elected;
2). the elected candidate has died before the election results have been
summarized.
7. Within two hours after the decision on summarization of the election results
has been made, the Chairman of the Regional Electoral Commission sends a report
to the Central Electoral Commission.
8. Appeals related to disputes over the results of the National Assembly majoritarian elections can be adjudicated to the
Constitutional Court of the
9. Re-elections will be held not sooner than 10 days and not later than 20 days
after the decision on declaration of the election of a candidate invalid comes
into force.
10. Re-elections will be held not sooner than 30 and not later than 40 days
after the decision on declaration of the election as not held comes into force.
Re-elections will be held with new nominations of candidates and within dates
determined for the conduct of extraordinary elections.
CHAPTER
TWENTY-FOUR ASSIGNMENT AND CONDUCTING OF THE NATIONAL ASSEMBLY
ELECTIONS
Article
117: Time frames for Assignment and Conducting of the National Assembly Regular
Elections and for Nomination and Registration of the Candidates
1.
Regular elections to the National Assembly are held within 60 days proceeding the end of its authorities.
2. The President of the Republic issues a decree on assignment of regular
election, not later than 100 days prior to the day of voting.
3. Parties submit the documents for nomination of candidates for deputies by
proportional system to the Central Electoral Commission not later than 61 days
prior to the voting day, before 6 PM, and parties receive the official papers
for supporting the nomination from Central Electoral Commission not sooner than
65 and not later than 60 days prior to the voting day.
4. The documentation required for registration is submitted to the Central
Electoral Commission not later than 45 days prior to the voting day, until 6:00
p.m.
5. The registration of party lists is done not earlier than 45 and not later
than 35 days prior to the voting day, until
6. Documentation on nomination of candidates for deputies of National Assembly
by majoritarian system is submitted to relevant Regional
Electoral Commission not later than 55 days prior to the voting day, before 12
PM, and candidates receive official papers for supporting the nomination from
Regional Electoral Commission not sooner than 60 days and not later than 55
days prior to the voting day.
7. The documentation required for registration of candidates is submitted to
the Regional Electoral Commission not earlier than 45 days prior to the voting
day, until 6:00 p.m.
8. The registration of candidates for deputies of the National Assembly by majoritarian system is done not later than 35 days prior to
the voting day, until
9. In the event if official papers of support for one candidate or one party
list are submitted in the dates established by points four and seven of this
Article, those dates, as well as the dates mentioned in the points five and
seven are extended for five days.
Article
118: Assigning and Conducting By-elections of the National Assembly
1.
In the event of a vacancy in the National Assembly by the majority system after
the regular elections or as a result of early termination of powers of a
deputy, by-elections are held at the relevant constituency.
2. By-elections to the National Assembly by majoritarian
system are held in the procedure established for regular elections:
1). on the third Sunday in May, if the mandate has been left vacant until the
1st of March;
2). on the third Sunday in October, if the mandate has been left vacant until
the 1st of August.
3. In the fourth year of the powers of the National Assembly by-elections by majoritarian system are not held.
4. By the decision of the Central Electoral Commission the mandate of a deputy
elected by proportional system, whose term of powers has been pre-terminated,
is given to the candidate next on the relevant list, within one week. If there
is no other candidate on the party list, the mandate stays vacant.
Article
119: Assigning and Conducting Extraordinary Elections of the National Assembly
1.
Extraordinary elections are held not earlier than 30 and not later than 40 days
after the dissolution of the National Assembly.
2. The President of the Republic issues a decree on assigning extraordinary
elections together with the decree on the National Assembly's dissolution.
3. A party submits the required documentation to the Central Electoral
Commission for nomination of candidates to the National Assembly by
proportional system, not later than 25 days prior to the election day, until
6:00 p.m.
4. The registration of the party lists is done not earlier than 25 and not
later than 20 days prior to the day of voting, until
5. Documentation required for nomination of candidates by majoritarian
system is submitted to the Regional Electoral Commission not earlier than 20
and not later than 15 days prior to the election day, until 6:00 p.m.
6. The registration of candidates for the deputy of the National Assembly by majoritarian system is done not earlier than 15 and not
later than 10 days prior to the election day, until
SECTION SIX
ELECTIONS TO THE LOCAL SELF-GOVERNING BODIES
CHAPTER
TWENTY-FIVE GENERAL PROVISIONS
Article
120: Electoral System
1.
For the election of the community head multi-mandate majoritarian
constituencies are formed on the territory of the community.
2. The community council comprises of:
1). five members - in a community with a population of up to 3,000 inhabitants;
2). ten members - in a community with a population of 3,001 to 20,000
inhabitants;
3). fifteen members - in a community with a population of more than 20,001 inhabitants.
3. For the election of the community council the territory of the community is
considered:
1). one multi-mandate majoritarian constituency - in
a community of up to 3,000 inhabitants;
2). two multi-mandate majoritarian constituencies -
in a community of 3,001 to 20,000 inhabitants, each constituency having five
mandates. The number of the population in the community constituency shall not
exceed 55 per cent of the total number of population of the community;
3). three multi-mandate majoritarian
constituencies - in a community with over 20,001 inhabitants, each constituency
having five mandates. Up to five per cent variance is allowed between the
community constituencies.
Article
121: Electoral Right
Every
citizen has the right to one vote:
1). at the election of the community head,
2). at the election of the council members.
Article
122: Requirements for the Candidates for Community Head and Council Member
1.
Every citizen of the
2. Every citizen of the
3. Members of the
CHAPTER
TWENTY-SIX NOMINATION OF CANDIDATES FOR COMMUNITY HEAD AND COUNCIL
MEMBER
Article
123: Nomination of Candidates for Community Head and Council Member
1.
Citizens have the right to be nominated as candidates for community head and
the council member by self-nomination, upon submitting to the relevant Regional
Electoral Commission an application and a receipt on the payment of the
electoral deposit; in the communities with up to 5,000 voters it makes fifty
times the minimum salary for the community head, and ten times - for the
council member; in the communities with over 5,000 voters it makes one hundred
times the minimum salary for the community head, and twenty times - for the
council member
2. In the event of being elected as the community head, as well as getting more
than five per cent of votes cast for the candidates, the sum of the electoral
deposit of the candidate is paid back. In the event of getting less than five
per cent of votes, the sum of the electoral deposit is transferred to the state
budget.
3. In the event of being elected as a council member, as well as getting more
than five per cent of votes cast for the candidates in the constituency, the
sum of the election deposit is paid back. In the event of getting less than
five per cent of votes, the sum of the electoral deposit is transferred to the
state budget.
4. In the application on self-nomination, the citizen notifies his/her family
name, first name, year, month and date of birth, place of residence, place of
work, position (occupation) and party affiliation.
5. The citizen, who is nominating himself / herself, encloses together with the
submitted application:
1). receipt on the payment of the electoral deposit;
2). reference on citizenship of the Republic of Armenia for the last one year;
3). reference on being registered in the given community for the last one year,
reference on being registered in the city of Yerevan for the last year if the
citizen is nominating himself for a position of a
Community Head or a Council Member.
4). declaration about his/her private property and his/her and his/her family
members' income for the last one year.
6. References mentioned in the sub-points two and three, of point five of this
Article are allocated to the citizen nominating himself / herself for the
candidate by the authorized state body, within three days after the application
has been presented, in the procedure established by the Central Electoral
Commission.
7. The above-mentioned documentation is submitted by the self-nominating
candidate for the community head and council member in person or through
his/her plenipotentiary representative.
8. A candidate for the community head can be nominated in one community only. A
candidate for the council member can be nominated in one constituency only.
Article
124: Registration of Candidates for Community Head and Council Member
1.
Candidates- nominees for the community head and the council member are
registered by the decision of the Regional Electoral Commission. The nominated
candidate or his/her plenipotentiary representative has the right to attend the
meeting of the commission during the consideration of the issue of the
registration.
2. The Regional Electoral Commission denies the registration, if:
1). restrictions anticipated by this Code extend onto the citizen nominated as
a candidate;
2). The documents submitted for registration have been falsified. In the event
of an objection about the registration of the candidate nominated for the
community head and the council member, the issue is put to vote. The
registration is denied with at least two-thirds vote of the members of the
Regional Electoral Commission. In the event of no objection - the candidate is
considered as registered. In the event of denial of the registration of the
citizen nominated for the community head and council member, his/her electoral
deposit is paid back.
3. The Regional Electoral Commission recognizes the registration of the
candidate nominated for the community head or the council member as invalid, if
after the registration, facts have been revealed, by
the force of which the restrictions under this Code extend onto the candidate.
Regional Electoral Commission declares the registration of candidate nominated
for the Community Head or Council Member invalid, by at least two/thirds of the
votes of the total number of its members. In the event of recognizing the
registration of the candidate as invalid, the sum of the electoral deposit and
the means in the pre-election fund are transferred to the state budget.
4. The decision of the Regional Electoral Commission on the denial in
registration or recognizing invalid the registration of the candidate nominated
for the community head or the council member can be appealed to the court
within three days after it has been adopted. Based on the court judgement on recognizing the decision of the Regional
Electoral Commission on the denial in registration or recognizing invalid the
registration of the candidate nominated for the community head or the council
member unlawful, he/she is recognized registered or re-registered.
Article
125: Recognizing the Registration of Candidates Nominated for Community Head
and Council Member as Out of Force
1.
The registration of the candidate for the community head and the council member
is recognized as out of force, if he/she:
1). has no more the right to vote;
2). has submitted an application on self-withdrawal;
3). has died;
4). the requirement under point eight of Article 18 of this code has been
violated;
5). the requirement under point seven of Article 25 of this code has been violated;
2. The candidate nominated for the community head or the council member can
submit an application on self-withdrawal to the Regional Electoral Commission
not later than ten days prior to voting. Based on the application for
self-withdrawal the registration of the candidate nominated for the community
head or the council member is recognized out of force, the sum of his/her
electoral deposit and the means left in the pre-election fund are transferred
to the state budget.
3. In the event of the death of the candidate nominated for the community head
or council member, his registration is considered out of force; the sum of the
electoral deposit is transferred to his/her heirs, and the means left in the
pre-election fund are transferred to the state budget.
4. In the event if the registration of the candidate nominated for the
community head or council member has been recognized out of force in conformity
with point eight of Article 18 and point seven of Article 25 of this Code, the
sum of the electoral deposit and the means left in the election fund are
transferred to the state budget.
5. In the event if the registration of the candidate nominated for the
community head or council member has been recognized out of force in conformity
with sub-point one of point one of this Article, the sum of the election
deposit is returned and the means left in the election fund are transferred to
the state budget.
CHAPTER
TWENTY-SEVEN STATUS OF THE CANDIDATES NOMINATED FOR COMMUNITY HEAD
AND COUNCIL MEMBER
Article
126: Equality of Candidates Nominated for Community Head and Council Member
Candidates
nominated for the community head have equal rights and responsibilities.
Candidates nominated for the council member have equal rights and
responsibilities.
Article 127: Guarantees for the Activity of Candidates Nominated for Community
Head and Council Member
A
candidate nominated for the community head or council member can be arrested
upon the consent of the Regional Electoral Commission. The Regional Electoral
Commission makes a final decision on the matter with at least two-thirds vote
of the commission members participating in the voting.
CHAPTER
TWENTY-EIGHT PRE-ELECTION CAMPAIGN OF CANDIDATES NOMINATED FOR
COMMUNITY HEAD AND COUNCIL MEMBER
Article
128: The Pre-Election Fund of Candidates Nominated for the Community Head and
the Council Member
1.
A candidate nominated for the community head or the council member can
establish a pre-election fund in his/her name or in the name of his/her
plenipotentiary representative, which is formed from
the voluntary contributions mentioned in Article 25 of this Code. Each physical
person can make a contribution to the candidate's pre-electoral fund up to 25
times the minimum salary, and each legal person - up to 150 times the minimum
salary.
2. The candidates nominated for the community head or the council member have the right to use the means of their pre-election
funds only, for the pre-election campaign.
Article
129: Pre-Election Campaign
Pre-election
campaign for the elections to the local self-governing bodies is conducted in
the procedure and time frames established by Articles 18-23 of this Code.
CHAPTER
TWENTY-NINE BALLOTS, SUMMARIZATION OF THE ELECTION RESULTS
Article
130: Ballots
1.
Elections of the candidates nominated for the community heads and council
members are held by separate ballots.
2. The ballot for the election of the community heads contains the family names
and the first names of the candidates in the alphabetical order of the family
name, party affiliation, and if necessary other passport data. The ballots for
the election of the community heads and the council members are prepared by the
order of the Regional Electoral Commission. The Regional Electoral Commission
allocates the ballots to the Precinct Electoral Commissions on the day prior to
the day of voting. Ballots shall be of the same colour.
3. The ballots for the election of the council members contain the family names
and the first names of the candidates in the alphabetical order of the family
name, party affiliation, and if necessary other passport data. Ballots shall be
of the same colour and differ from the colour of the ballots for the election of the community
heads.
4. Ballots are allocated in the amount of five per cent more than the number of
voters on the precinct voter list.
Article
131: Procedure for Summarization of the Election Results
1.
Based on the summarization protocols of the voting results received from
Precinct Electoral Commissions, the Regional Electoral Commission, at its
session, which can be attended by persons who have the right to be present,
compiles summarization protocols on the election results in the community.
2. In case there is a written application of two members of the Precinct
Electoral Commission the Regional Electoral Commission verifies and checks the
conformity of the data of the precinct summarization protocol on the voting
results at the relevant precinct, with the actual voting data. The authors of
the special opinion and the Chairman of the relevant Precinct Electoral
Commission can participate in the verifications.
3. In case of revealing discrepancies as a result of the verification the
Regional Electoral Commission compiles verified summarization protocols on the
voting results of the given precinct which are attached to the provisional
protocols of the Precinct Electoral Commission. The members of the commission
attending the session sign the verified protocols. The protocols are stamped by
the Regional Electoral Commission. If a member of the Regional Electoral
Commission has a special opinion on the data of the verified protocols, it is
attached to the protocol. A note thereof is made in the protocol next to
his/her signature. If a commission member refuses to sign the verified
protocols, a note thereon is made in the protocol.
Article
132: Procedure for Summarization of Precinct Protocols at the Regional
Electoral Commissions
1.
Summarization protocols of the election results of the candidates for the
community head and council members are compiled separately.
2. The summarization protocol of the results of voting shall contain:
1). name of the community and the election day;
2). family names and first names of the Regional Electoral Commission members
attending the session and of the absentees;
3). family names and first names of the proxies, observers and the
representatives of mass media attending the meeting of the Regional Electoral
Commission, and the names of their organizations;
4). the total number of citizens included on all the precinct voter lists of
the community;
5). the total number of the registered citizens;
6). the total number of the votes cast for each candidate;
7). the amount of inaccuracies influencing the votes.
Each datum to be entered in the protocol is read out.
3. Summarization protocols of the voting results are compiled in the procedure
and time frame established by Article 62.
4. The members of the Regional Electoral Commission sign the summarization
protocol of the voting results. The protocol is stamped with the stamp of the
commission. If the signature of a commission member is missing, a note thereof
is done in the protocol.
Article
133: Summarization of the Election Results of the Candidate Nominated for the
Community Head
1.
Based on the data of the summarization protocols of voting results of the
community head, the Regional Electoral Commission summarizes the election
results and in accordance with the procedure and time frame established by
Articles 62 of this code, adopts one of the following decisions:
1). on the election of the community head;
2). on recognizing the election of the community head as invalid;
3). on recognizing the election of the community head not held.
2. The candidate, who has received maximum "yes" votes, is considered
as elected. In case one candidate is running for elections, he/she is
considered as elected, if he/she has received more than half of the votes of
the voters.
3. Elections of the candidate nominated for the community head are recognized
as invalid, if the amount of the inaccuracies influencing the number of votes
excludes the possibility of determining the elected candidate, or if in the
course of preparation and conduct of elections such violations of the current
Code occurred, that might effect the results of the
elections. In the event of recognizing the election of the community head as
invalid, fourteen days after the election, in the procedure established by this
Code and with the same composition of candidates repeated voting is held.
4. The elections of the candidate nominated for the community head is
considered as not held, if:
1). the only candidate running has not received the required number of votes
for being elected;
2). the elected candidate has died before the election results have been
summarized;
3). as a result of the repeated voting, some bases for recognizing the
elections of the community head as not held, have become available.
5. Within two hours after the decision on the election of the community head
has been adopted, the Chairman of the Regional Electoral Commission forwards a
notification to the Central Electoral Commission and the relevant governor.
6. The decision of the Regional Electoral Commission on the results of the
elections of the candidate nominated for the community head can be appealed to
court within three days after it has been adopted.
7. In the event if the court has ruled to recognize the election of the
candidate nominated for the community head invalid, fourteen days after the
decision has entered into legal force, repeated voting is held in the procedure
established by this Code, with the same composition of candidates.
8. Repeated voting with the same composition of candidates can be held only
once.
Article
134: Summarization of the Election Results of the Candidates Nominated for the
Council Member
1.
Based on the data of the summarization protocols of the election of the
candidates nominated for the community council members, the Regional Electoral
Commission sums up the election results, and within five days after the close
of voting makes one of the following decisions:
1). on the election of the community council members;
2). on recognizing the election of the community council members as invalid;
3). on recognizing the election of the community council members as not held.
2. Election results of the candidates nominated for the community council
members are summarized by multi-mandate majoritarian
constituencies, as established in point three of Article 120 of this Code.
3. Elections of the candidates nominated for the community council members can
be recognized as invalid or not held according to the multi-mandate majoritarian constituencies, as established in point three
of Article 120.
4. The first five candidates for the community council members, who have
received the maximum "yes" votes, are considered elected at the given
multi-mandate majoritarian constituency.
5. The election of the community council members is recognized as invalid, if
the amount of the inaccuracies influencing the number of votes excludes the
possibility of determining the elected candidate, or if in the course of
preparation and conduct of elections such violations of the current Code
occurred, that might effect the results of the
elections. In case the election of the community council members has been
recognized invalid, fourteen days after the election repeated voting is held in
the procedure established by this Code and with the same composition of the
candidates.
6. The election of the community council member is considered as not held, if
as a result of the repeated voting, some bases are
available for recognizing the election of the community council member as
invalid. In case the election of candidates nominated for the community council
members has been recognized as invalid by the decision of the court, fourteen
days after the decision has entered into legal force, repeated voting is held
in the procedure established by this Code and with the same composition of the
candidates.
7. In the event of the equal number of votes received in the election by
candidates nominated for community council member, the distribution of the
mandates is done by drawing a lot in the procedure established by the Central
Electoral Commission.
8. The Chairman of the Regional Electoral Commission within two hours after the
decision on the election of the community council members has been adopted,
forwards a report to the Central Electoral Commission and the relevant
governor.
9. The decision of the Regional Electoral Commission on the election results of
the candidates nominated for the community council members can be appealed to
court with three days after it has been adopted.
CHAPTER
THIRTY TIME FRAMES AND PROCEDURES FOR ASSIGNING AND CONDUCT OF THE
ELECTIONS TO THE LOCAL SELF-GOVERNING BODIES
Article
135: Time Frames for Conducting, assigning of Regular Elections, Nomination and
Registration of Candidates
1.
Regular elections to the local self-governing bodies are held not later than 30
days prior to the expiration of the term of powers of the local self-governing
bodies.
2. The decision on assigning regular elections is taken by the relevant
Governor not later than 60 days prior to the expiration of the term of powers
of the community head.
3. The documentation required for the nomination of the candidates is submitted
to the Regional Electoral Commission not earlier than 30 and not later than 25
days prior to the day of voting, until 6:00 p.m.
4. The registration of the candidates is done not earlier than 25 and not later
than 20 days prior to the day of voting, until
Article
136: Time frames and Procedures for Formation of the Multi-Mandate Majoritarian Constituencies
1.
A community with a population of up to 3000 inhabitants is considered as one
multi-mandate majoritarian constituency for the
elections to local self-governing bodies.
2. The community with a population of more than 3000 inhabitants is divided
into majoritarian constituencies by the relevant
Governor (Mayor of Yerevan), upon the recommendation of the community head
(district head).
3. The community is divided into multi-mandate majoritarian
constituencies not later than 35 days prior to the day of voting.
Article
137: Assigning and Conduct of New Elections
On
the thirtieth day after the decision of the Regional Electoral Commission on
recognizing the elections of candidates nominated for the community head or
council members as not held or after the entry into force of the court judgement, new elections are held. New elections are held
with newly nominated candidates, in accordance with the procedure established
by Article 138 of this code, for the conduct of the extraordinary elections.
Article
138: Assigning and Conducting Extraordinary Elections
1.
Extraordinary elections for the community head are held within 30 days after
the vacancy in the office.
2. Government adopts a decision on assigning the extraordinary elections
simultaneously with the dismissal from the office of the community head or
early termination of his/her powers.
3. In the event of reduction of the total number of the community council
members twice as much, extraordinary elections of the community council members
are held within 30 days time.
4. Documentation required for the nomination of candidates is submitted to the
Regional Electoral Commission not earlier than 18 and not later than 15 days
prior to the day of voting, until 6:00 p.m.
5. Registration of candidates is done not earlier than 15 and not later than 12
days prior to the election day, until
PART THREE
CHAPTER
THIRTY-ONE LIABILITY FOR VIOLATIONS OF PROVISIONS OF THIS CODE
Article
139: Liability for violations of provisions of this Code
Liability
cases, as established by the law, are below:
1) Registration in the voter lists in more than one precinct, voting more than
once, voting for another person;
2)Violation by the community head of the procedures and time frames of
compilation of the voter lists;
3) Falsification of the official lists of support of the candidates;
4) Falsification of the voting results;
5) Concealing the ballots, ballot-stuffing;
6) Distortion of the elections results on purpose;
7) Falsification of ballots and the stamps of the electoral commissions;
8) Falsification of protocols on the election and voting results;
9) Armed entry into the precinct center (not in the time of professional activities);
10) Taking the military in a marching line or with arms
11) Hindering the normal operation of the electoral commissions on purpose;
12) Election campaigning on the day of the voting and the day prior to it;
13) Hindering the free expression of the voters' will;
14) Applying forced methods or insulting the member of an electoral commission,
observer, proxy, representative of mass media, member of their initiative
group;
15) Hindering the election-related functions;
16) Stealing the ballot boxes;
17) Hindering the normal operation of electoral activities by members of the
electoral commissions, civil servants, or officers of the local self-governing
bodies;
18) Coercing the free expression of the voters' will;
19) Violating the ballot secrecy;
20) Publication of the results of public polls on rating of the candidates
during the seven days period prior to the day of voting;
21) Tearing off or making graffiti on the election posters posted in specially
allocated for this purpose places;
22) Dissemination of false and libeling information about the candidates or
parties;
23) Deception of the person, incapable of marking the ballot independently;
24) Carrying out of pre-election campaign and dissemination of any type of
campaign materials by persons and organizations which don't have the right to
hold pre-election campaign;
25) Hindering the normal process of the pre-election campaign;
26) Dissemination of anonymous printed campaign materials;
27) Failure to present declaration on the expenditures of the means from the
pre-election fund, by candidates and parties, according to the established
procedure;
28) Not returning the stamps of the electoral commissions;
29) Not ensuring equal opportunities for the candidates by the state means of
mass media;
30) Hindering proxies, observers representatives of mass media to get
familiarized with the specimens of ballots, decisions of electoral commissions,
not submitting the copies of decisions of Electoral Commissions, or not
allowing to make excerpts from them;
31) Not filling in or not properly filling in the register of electoral
commissions;
CHAPTER
THIRTY-TWO TRANSITIONAL AND CONCLUDING PROVISIONS
Article
140: Terms of Operation of the Current Central and Regional Electoral
Commissions
The
current Central and Regional Electoral Commissions continue their activity and
perform the powers of the Central Electoral Commission and the Regional
Electoral Commissions established by this Code until the formation of the new
Central Electoral Commission and Regional Electoral Commissions.
The 3rd point of Par. 5, Art. 123 will come into
effect starting
Article
141: Concluding Provisions
1.
Upon the entry into force of this Code the following laws are out of force:
1) "Law on the Elections of the Deputies of the National Assembly of the
Republic of Armenia" of 1995, adopted April 4;
2) "Law on the Elections of the President of the Republic of
Armenia" of 1996, adopted May 30;
3) "Law on the Elections to Local Self-Governing Bodies" of
1996, adopted June 10.
PRESIDENT OF THE
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