Article 38

 

Article 38. Registration of Candidates, Lists of Candidates, Procedure for Calling of Referendum
1. A candidate, a list of candidates shall be registered by the relevant election commission, provided that a statement (statements) by the candidate (candidates) on his (their) consent to stand for election in the respective electoral district compiled in accordance with Clause 2, Article 33 of this Federal Law, and information submitted in accordance with Clause 3, Article 33 of this Federal Law, and the required number of voter signatures collected in support of the nomination of the candidate, list of candidates, or a paid electoral deposit, or a decision of a political party, an electoral bloc referred to in Clause 16 of this article are available. The availability of the required number of signatures of referendum participant collected in support of a referendum initiative shall constitute grounds for calling a referendum by the body authorized to do so in accordance with the procedure established by law.
2. The number of signatures of voters, referendum participants collected in support of a candidate, a list of candidates, a referendum initiative and submitted for the purposes of registration of a candidate, a list of candidates, for calling a referendum may exceed the number of signatures required for such registration, but not more than by 25 percent. Any other maximum number of signatures of voters, referendum participants to be provided to obtain registration of a candidate, a list of candidates, or to ensure calling of a referendum shall not be established by law.
3. Law shall provide for a procedure to check compliance with the rules for signature collection, inspection of signature sheets, to verify the authenticity of data about voters, referendum participants and signatures of voters, referendum participants collected in support of a candidate, a list of candidate, a referendum initiative. All or some of the signatures submitted may be subjected to verification, but not less than randomly selected (drawn) 20 percent of the number of signatures required by law for registration of a candidate, a list of candidates, for calling a referendum.
4. Signatures on signature sheets that have been annulled (struck out) by the persons initiating the nomination of a candidate, a list of candidates, the calling of a referendum shall not be counted or verified, provided they specifically indicated this fact on the signature sheet or in the protocol of results of signature collection before the signatures are submitted to the relevant commission.
5. Signatures shall be declared invalid if collected with participation of bodies of state power, bodies of local self-government, governing bodies of organizations of any form of ownership, institutions, voting members of election commissions, or with coercion applied to voters, referendum participants in the course of signature collection, or with remuneration of voters, referendum participants for putting their signatures, or at work places, or when and where wages, salaries, pensions, welfare benefits, other social benefits are paid.
6. No abbreviations contained in the data about a voter, a referendum participant shall constitute grounds for declaring his signature invalid, provided such abbreviations do not prevent unambiguous interpretation of such data. Verification of authenticity of the signature of a voter, a referendum participant by questioning shall be forbidden.
7. All candidates, authorized representatives of candidates, electoral associations, electoral blocs that have nominated candidates, lists of candidates, authorized representatives of referendum initiative groups that submitted the required number of signatures shall be entitled to attend any verification of the signatures submitted by a candidate, an electoral association, an electoral bloc, a referendum initiative group, including sampling of signatures for such verification. A candidate, an authorized representative of an electoral association, an electoral bloc that have nominated a list of candidates, an authorized representative of the referendum initiative group that submitted the number of signatures required for registration of a candidate, a list of candidates, for calling a referendum shall be notified about the relevant verification.
8. If at least 25 percent of signatures subjected to verification are found to be unauthentic or invalid, or the number of authentic signatures is smaller than the number required for registration of the relevant candidate, list of candidates, for calling a referendum, the commission shall refuse to register the candidate, the list of candidates, or refuse to call a referendum.
9. The results of the verification referred to in Clause 3 of this article shall be communicated to the candidate, an authorized representative of the electoral association, electoral bloc, the referendum initiative group not later than two days before the meeting at which the question whether or not to register the candidate, list of candidates, call a referendum is to be considered. If, as a result of the relevant verification, it has been found that the number of the submitted signatures is insufficient for registration, or that the maximum proportion of unauthentic or invalid signatures has been exceeded in the portion of signatures subjected to the verification, the candidate, an authorized representative of the electoral association, the electoral bloc, the referendum initiative group shall be provided, within the established time, with: copies of the protocol of the results of the verification of signature sheets, copies of records of signature sheet verification indicating the grounds (reasons) for declaring signatures of voters, referendum participants unauthentic or invalid, copies of official documents on the basis of which signatures were declared unauthentic or invalid.
10. At elections of federal bodies of state power, with the exception of elections of the President of the Russian Federation, to bodies of state power of subjects of the Russian Federation, bodies of local self-government, a candidate, an electoral association, an electoral bloc may decide not to collect voter signatures in support of the nomination of such candidate, a list of candidates, in such case, registration of the candidate, the list of candidates shall be carried out by the relevant election commission on the basis of an electoral deposit paid to the election commission by this candidate, the electoral association, electoral bloc that nominated a list of candidates.
11. The fact of collection and submission by a candidate, an electoral association, an electoral bloc of voter signatures in support of nomination of the candidate, a list of candidates shall not constitute grounds for refusal of registration on the basis of payment of an electoral deposit; similarly, payment of an electoral deposit shall not constitute grounds for refusal of registration on the basis of collected voter signatures.
12. An electoral deposit shall be paid from electoral funds. If a candidate, a list of candidates is registered on the basis of submitted voter signatures, the electoral deposit shall be returned to the electoral fund.
13. If a registered candidate failed to be elected and received less votes cast by voters who participated in the election than the number established by law, if an electoral association, an electoral bloc did not participate in the distribution of deputy seats and/or received less votes cast by voters who participated in the election than the number established by law, the electoral deposit paid by such candidate, electoral association, electoral bloc shall be remitted to the relevant budget. The said number of votes shall not be more than 5 percent of the number of voters who participated in the voting in the relevant electoral district for candidates, and more than 3 percent for lists of candidates nominated by electoral associations, electoral blocs. The electoral deposit shall be also remitted to the relevant budget if the candidate, the list of candidates are denied registration, if the candidate withdraws his candidature, or the electoral association, electoral bloc recalls its registered candidate, list of candidates without compelling circumstances, provided that such recall results in circumstances specified in Clause 30 of this article or calling of a repeat election, and if registration of a candidate, a list of candidates is annulled on the grounds specified in Clause 5, Article 76 of this Federal Law. In all other cases, including the case of declaring the election results null and void, the electoral deposit shall be returned to the relevant electoral fund.
14. The size of the electoral deposit shall be 15 percent of the maximum amount of expenditures from the electoral fund of, respectively, a candidate, an electoral association, an electoral bloc, that is established by law.
15. The procedure for establishment and maintenance of a special account for receipt and keeping of the electoral deposit by the relevant election commission shall be determined by law.
16. Registration of candidates, lists of candidates nominated by political parties, electoral blocs shall be carried out without collection of voter signatures or payment of an electoral deposit, provided that, as a result of the previous election of deputies of the State Duma of the Federal Assembly of the Russian Federation, the federal lists of candidates nominated by these political parties, electoral blocs were included in the distribution of deputy seats. In such case, a candidate shall be registered on the basis of a decision on his nomination adopted by the political party, electoral bloc in accordance with the procedure established by the federal law.
17. At elections of representative bodies of local self-government of municipalities with the average voters’ representation quota of less than ten thousand, the collection of voter signatures in support of candidates need not be carried out if a different procedure for nomination of candidates is provided for by the law of the subject of the Russian Federation.
18. Within an established period that shall not exceed ten days, the relevant election commission shall check the compliance of the procedure of nomination of a candidate, a list of candidates with the requirements of the law and shall decide to register or not to register the candidate, list of candidates.
19. At one and the same election, a candidate may only be registered in one electoral district. This rule shall not apply to registration of a candidate when the candidate is nominated at the same election, by one electoral association, electoral bloc simultaneously in a single-seat (or multi-seat) electoral district and on a list of candidates.
20. In registration of a candidate nominated by an electoral association, electoral bloc, the relevant decision of the election commission shall indicate the fact of his nomination by this electoral association, electoral bloc. If a candidate is registered both in a single-seat (or multi-seat) electoral district and on a list of candidates, the decision of the election commission shall indicate the fact that the candidate is also registered on the list of candidates.
21. If the procedure of putting forward the initiative to hold a referendum complies with the requirements of the law, the charter of a municipality, the commission specified in Clause 2, Article 36 of this Federal Law shall, within 15 days of the date when the referendum initiative group submits signature sheets and a protocol of signature collection, forward these signature sheets, a copy of the signature collection protocol and a copy of its decision to the legislative (representative) body of state power of the subject of the Russian Federation or to the representative body of local self-government that are authorized by the constitution (charter), the law of the subject of the Russian Federation, the charter of the municipality to take a decision to call a referendum. A copy of the commission’s decision shall also be sent to the referendum initiative group.
22. If a dispute about the competence in connection with the calling of a referendum of a subject of the Russian Federation arises, such dispute shall be resolved by the Constitutional Court of the Russian Federation. In such case, preparation of the referendum shall be suspended pending the decision of the Constitutional Court of the Russian Federation.
23. In the event of a refusal to register a candidate, a list of candidates, refusal to call a referendum, the relevant commission shall, within one day of the date of the decision on refusal of registration, issue to an authorized representative of the electoral association, electoral bloc that nominated the candidate, an authorized representative of the referendum initiative group a copy of the commission’s decision stating the grounds for the refusal. The following may constitute grounds for refusal of registration:
a) the candidate is not entitled to a passive electoral right;
b) for candidates, lists of candidates nominated by a political party, and electoral bloc, the requirements to nomination of a candidate, a list of candidates specified in the Federal Law "On Political Parties," are not complied with, for candidates nominated by other public associations, the requirements of Clause 2, Article 35 of this Federal Law are not complied with;
c) for registration of a candidate, a list of candidates, for calling a referendum, any document is not available in the set of documents submitted for registration, provided for by this Federal Law, another law;
d) a serious or repeated violation of the prohibition to collect signatures at places where the law prohibits collection of signatures, if the signatures submitted for registration of a candidate, a list of candidates, in support of a referendum initiative were collected in violation of this prohibition. A serious violation of the said prohibition is committed if at least 20 percent of the signatures provided for registration of a candidate, a list of candidates, in support of a referendum initiative are collected at places where signature collection is prohibited;
e) insufficient number of submitted authentic and valid signatures of voters, referendum participants collected in support of a candidate, a list of candidates, a referendum initiative, or an excessive proportion, as established by this Federal Law, of unauthentic or invalid signatures among the signatures subjected to verification (if the electoral deposit was not paid or the decision of an electoral association, electoral bloc was not provided for registration of the candidate, the list of candidates under Clause 16 of this article);
f) inaccuracy of information submitted by the candidate in accordance with Clause 2, Article 33 of this Federal Law. Inaccuracy of information about individual candidates included in a list of candidates may serve as a reason for removal of only the relevant candidates from the list of candidates;
g) a failure of a candidate, electoral association, electoral bloc, referendum initiative group, to establish a relevant electoral fund, a referendum fund (with the exception of cases when under Article 58 of this Federal Law no electoral fund, referendum fund is required);
h) the use by a candidate, an electoral association, electoral bloc in funding their election campaigns, by a referendum initiative group in funding their activities related to furthering its initiative to hold a referendum, in arranging signature collection in support of this initiative, and in activities aimed at obtaining a certain result at the referendum, of the funds other than their electoral fund, referendum fund that amount to more than 5 percent of the maximum limit of expenditures of the electoral fund, referendum fund established by law;
i) exceeding by a candidate, an electoral association, electoral bloc in funding their election campaigns, by the referendum initiative group in funding its activities related to furthering its initiative to hold a referendum, in arranging signature collection in support of this initiative, and in activities aimed at obtaining a certain result at the referendum, of the maximum limit of expenditure of the electoral fund, referendum fund established by law by more than five percent;
j) the number of candidates removed from the list of candidates on the basis of their applications, by a decision of the electoral association, electoral bloc (with the exception of candidates who were removed due to compelling circumstances) and by a decision of an election commission for the reasons set forth in this Clause exceeds 25 percent of the total number of candidates on a certified list of candidates;
k) a candidate, an authorized representative of the electoral association, electoral bloc has violated provisions of Clause 1, Article 56 of this Federal Law during the campaigning period, and this fact is established by a court decision;
l) a candidate, his agent, a member or an authorized representative of the referendum initiative group has taken advantage of his office or official position ;
m) a candidate has been registered in some other electoral district at this election, save the case where a candidate was nominated by an electoral association, electoral bloc simultaneously in a single-seat (multi-seat) electoral district and on a list of candidates.
24. The list of reasons for refusal to register a candidate, a list of candidates, for removal of a candidate from a list of candidates by a decision of the commission, refusal to call a referendum established by Clause 23 of this article shall be exhaustive.
25. If the commission makes a decision to refuse to call a referendum on the question proposed for putting to the referendum, members of the respective initiative group shall not, for two years after the day of adoption of this decision, repeat the initiative of holding a referendum on a similar question.
26. If the registration of a candidate, a list of candidates is refused, re-nomination of the candidate, list of candidates shall be possible in compliance with the procedure and within the time limits established by law.
27. A candidate shall be entitled to submit to the commission that registered him a written application to remove his candidature, not later than three days before voting day (including the day of a repeat voting). In such case, the election commission that registered the candidate shall take a decision to cancel his registration.
28. The body of an electoral association, electoral bloc that took the decision to nominate a candidate in a single electoral district, a list of candidates shall be entitled to take a decision to recall this candidate, list of candidates. Such decision shall be submitted to the election commission that registered this candidate, list of candidates not later than five days before voting day (including the day of a repeat voting). In such case, the election commission that registered the candidate, list of candidates shall take a decision to cancel the registration of the candidate, list of candidates.
29. An electoral association, in accordance with its charter, an electoral bloc, by a decision of representatives authorized to do so by the member electoral associations, shall be entitled to recall a candidate nominated by them in a single-seat or multi-seat electoral district, remove some candidates from the list of candidates certified by a relevant election commission on the grounds established by the charter of the electoral association, the agreement on establishing the electoral bloc. A recall or removal may be effected not later than five days before voting day. The total number of candidates removed from the list shall not exceed 25 percent of the total number of candidates on a certified list of candidates. Persons who previously were not on the list of candidates shall not be included in such list, or changes in the order in which names are arranged on the list, with the exception of cases when such changes result from the change in the arrangement caused by the withdrawal, including removal, of some candidates, shall not be allowed.
30. If, by voting day, the number of registered candidates in an electoral district is smaller than the established number of deputy seats or is equal to this number, or if only one list of candidates is registered or no lists of candidates are registered, the voting in such district shall be postponed by not more than six months to allow additional nomination of candidates, lists of candidates and performance of the further electoral actions, with the exception of cases specified in Clause 32 of this article.
31. If the circumstances referred to in Clause 30 of this article result from the fact that a registered candidate withdrew his candidature without any compelling circumstances, or a political party, an electoral bloc recalled a registered candidate in the absence of any compelling circumstances, all expenses incurred by a relevant election commission in the preparation and conduct of the election shall be collected from this registered candidate, this political party, electoral bloc.
32. If the circumstances referred to in Clause 30 of this article arise, voting in a single-seat electoral district or a single electoral district on a single candidature shall be conducted:
a) at a repeat voting;
b) at an election of deputies of bodies of local self-government (if established by the law of the subject of the Russian Federation).
In either case, a candidate shall be considered elected if he received at least 50 percent of the vote.
33. Circumstances compelling a registered candidate to withdraw his candidature or an electoral association, electoral bloc to recall a candidate mean the pronouncement of a candidate to be incapable or partially incapable by a court, a serious illness or persistent health problems of a candidate or his next of kin.