Electoral system family - Russian Federation

Country: 
Russian Federation
Question: 
Electoral system family
Answer: 
Mixed
Source: 
Federal Law of Elections of Deputies to the State Duma 2014, Articles 3 and 87-89 Article 3. Electoral System 1. In accordance with the Constitution, 450 deputies shall be elected to the State Duma. 2. 225 deputies of the State Duma shall be elected in single-mandate electoral district (one district – one member). Electoral districts are to be formed according to Article 12 of this Law. 3. 225 deputies of the State Duma shall be elected in the federal electoral district in proportion to the number of votes cast for the federal lists of candidates to the deputies (hereinafter – federal lists of candidates). Article 87. Determination by the District Election Commission of Election results in the Single-Mandate Electoral District and Tabulation of Votes in the Federal Electoral District 1. On the basis of the data contained in the first copy of the protocols of territorial election commissions on voting results, the district election commission after preliminary verification of the correctness of their compilation but not later than on the fifth day after the voting day by tabulating these data shall determine election results in the single- mandate electoral district, and establish voting results in the federal electoral district in the territory of the single-mandate electoral district. Tabulation of the data contained in these protocols shall be carried out directly by the voting members of the district election commission. 2. Receipt of the protocols of territorial election commissions on voting results, tabulation of the data contained in these protocols, and drafting of protocols of the district election commission on the results of elections in single-mandate electoral district and on the results of voting in the federal electoral district in the territory of the single-mandate electoral district shall be carried out in the same room. All these actions of members of the district election commissions shall be within sight of the members of this election commission, other persons referred to in part 5 of Article 32 of this Federal Law. Enlarged forms of pivot tables of the district election commission shall be in this room, into which the protocol data of territorial election commissions on voting results shall be entered, with the time of data entry. Data entry shall be performed immediately after the arrival of the chair, secretary or any other voting member of the territorial election commission with the first copies of the protocols. 3. The chair, secretary or another voting member of the territorial election commission shall hand over the first copies of the protocol of territorial election commission on voting results with the annexed documents to a voting member of the district election commission, who shall verify the correctness of the protocol compilation, completeness of the annexed documents and reconciliation of control equations. 4. If the protocol and (or) the pivot table of the territorial election commission on voting results are drawn up in violation of the requirements of this Federal Law for drawing up the protocol and (or) the pivot table, the territorial election commission shall make a re- drafted protocol and (or) the pivot table in accordance with the requirements of part 15 of Article 86 of the present Federal Law, and the originally submitted protocol and (or) pivot table shall remain in the district election commission. 5. If the protocol and (or) the pivot table of the territorial election commission on voting results are drawn up in accordance with the requirements of this Federal Law for drawing up the protocol and (or) the pivot table, a member of the district election commission shall enter the data contained in this protocol into the respective pivot table of the district election commission. Chair, secretary or another voting member of the territorial election commission, who submitted the protocol to the member of the district election commission, shall sign the enlarged form of the corresponding pivot table of the district election commission under the data contained in the protocol submitted by him. 6. The district election commission, on the basis of protocols No 1 of territorial election commissions on voting results, shall draw up the protocol No 1 on the election results in the single-mandate electoral district. 7. A registered candidate who received the highest number of votes compared to other registered candidates in the single-mandate electoral district shall be elected in this single-mandate electoral district. If the number of votes received by registered candidates is equal, the candidate who was registered earlier shall be elected. 8. The district election commission shall recognize the election results in the single- mandate electoral district invalid: 1) if violations this Federal Law committed during the voting or determination of voting results do not allow to reliably determine the results of expression of the voters' will; 2) if the results of voting in the single-mandate electoral district are declared invalid in part of the electoral precincts, the voter lists in which at the end of voting in the aggregate comprise at least one-fourth of the total number of voters included in voter lists at the end of voting in the single-mandate electoral district; 3) by a court decision. 9. The district election commission on the basis of protocols No 2 of territorial election commissions on voting results shall draw up the protocol No 2 on voting results in the federal electoral district in the territory of the single-mandate electoral district. 10. Each protocol of the district election commission shall contain the following data: 1) the number of territorial election commissions formed in the single-mandate electoral district; 2) the number of protocols of territorial election commissions on voting results, on the basis of which the respective protocol of the district election commission is drawn up; 3) the number of electoral precincts in the respective electoral district, where voting results were declared invalid, and the total number of voters included in the voter lists in these precincts at the end of voting; 4) tabulated data in all lines contained in the respective protocols of territorial election commissions on voting results; 5) the number of absentee vote certificates received by the district election commission, the number of absentee vote certificates issued to the territorial election commissions, the number of unused absentee vote certificates cancelled by the district election commission and the number of absentee vote certificates lost in the district election commission. 11. The surname, first name and patronymic of the registered candidate elected deputy of the State Duma shall be entered into the protocol of the district election commission on the election results in single-mandate electoral district. 12. Before signing the protocols of the district election commission, this commission shall hold a final session, in which it shall consider complaints (applications) received by the commission about violations of the present Federal Law committed during the voting, counting of votes, tabulation of votes, determination of election results in the single- mandate electoral district. After that, the district election commission shall sign the protocols and issue certified copies thereof to the persons specified in part 5 of Article 32 of this Federal Law, and takes a decision on the election results in the single-mandate electoral district. Each protocol shall be drafted in duplicate and signed by all present voting members of the district election commission, and indicate the date and time (hours and minutes) of its signing. Signing of the Protocol in violation of this order shall constitute a basis for recognising such protocol invalid. A voting member of the district election commission, who disagrees with the entire protocol or its specific provisions, shall be entitled to attach to the protocol a dissenting opinion, the record of which shall be made in the protocol. 13. Each copy of the protocol of the district election commission shall be accompanied by the annexed: 1) respective pivot table of the district election commission, which shall include the full data contained in all protocols No 1 or No 2 of territorial election commissions on voting results received by the district election commission. The pivot tables of the district election commission on voting results in the federal electoral district and election results in the single-mandate electoral district shall also contain the data received by the district election commission from the respective protocols of territorial election commissions on the number of absentee vote certificates received by the territorial election commission, the number of absentee vote certificates issued to the lower precinct election commissions, the number of unused absentee vote certificates cancelled by the respective territorial election commission, and the number of absentee vote certificates lost in the respective territorial election commission; 2) acts on the handover of ballots by the district election commission to the lower election commissions, specifying the number of these ballots; 3) acts on the handover to the respective territorial election commissions of absentee vote certificates, specifying the number and serial numbers of these certificates. 14. Pivot tables of the district election commission referred to in paragraph 1 of this Article 13 shall be signed by the chair (deputy chair) and secretary of the district election commission. 15. The first copy of the protocols of a district election commission shall be accompanied with annexed dissenting opinions of members of the district election commission, as well as complaints (applications) about violations of the present Federal Law received by the commission from voting day until the day of drawing up the protocols by the district election commission, or their certified copies, as well as decisions of the district election commission taken on these complaints (applications). Certified copies of the dissenting opinions, complaints (applications) and decisions of the district election commission shall be annexed to the second copy of the protocols. 16. After signing the protocols and the pivot tables, the first copies of the protocols of the district election commission together with the annexed documents shall be immediately sent to the Central Election Commission of the Russian Federation and they may not be returned to the district election commission. A certified copy of the decision of the district election commission on election results in the single-mandate electoral district shall also be immediately sent to the Central Election Commission. 17. The second copies of protocols of the district election commission on voting results and the second copies of the pivot tables shall be presented for review to advisory members of the district election commission, other persons specified in part 5 of Article 32 of the present Federal Law, and their certified copies shall be posted for public viewing at the place designated by the district election commission. 18. The second copies of protocols of the district election commission together with the second copies of the pivot tables, lists of advisory members of the district election commission, other persons referred to in part 5 of Article 32 of this Federal Law who were present during the determination of election results in the single-mandate electoral district, tabulation of votes in the federal electoral district and the drawing up of the protocols, protocols of territorial election commissions on voting results, as well as other documents stipulated by this Federal Law, shall be stored by the secretary of the district election commission until the official publication of the overall election results of deputies to the State Duma, and then handed over to the election commission of a Russian Federation subject. 19. If, after signing the protocol of the district election commission and (or) the pivot table and sending their first copies to the Central Election Commission, the district election commission that drew up the protocol and the pivot table, or the Central Election Commission during its preliminary verification discovered an inaccuracy (including clerical, typographical errors or errors in data summation of the data contained in the protocols of territorial election commissions on voting results), the district election commission shall at its session consider making adjustments to the protocol and (or) the pivot table. The district election commission, while informing of this session in accordance with part 2 of Article 32 of this Federal Law, shall state that it will consider this issue. The decision made shall be communicated by the district election commission to its advisory members, other persons mentioned in part 5 of Article 32 of this Federal Law who were present when the previously approved protocol of the district election commission was drawn up. In this case, the district election commission shall draw up a protocol on voting results and (or) the pivot table, which shall be marked as "Re-drafted". This protocol and (or) the pivot table shall be immediately sent to the Central Election Commission. The previous protocol on voting results and (or) the pivot table submitted to the Central Election Commission shall be attached to the re-drafted protocol and (or) the pivot table. Violation of this order for drawing up the re-drafted protocol and (or) pivot table shall constitute a basis for recognizing the re-drafted protocol invalid. 20. Upon detection of errors, discrepancies in the protocols on voting results received from lower election commissions, or if there are doubts as to the correctness of their compilation, the district election commission may decide to hold a recount votes in the respective electoral precinct, respective territory. Such recount may be conducted prior to the determination by the district election commission of voting results and drawing up of its respective protocol. 21. In the case stipulated by Part 20 of this Article, recount of votes shall be carried out in the presence of the voting member(s) of the district election commission by the election commission which drew up and approved the protocol that must be verified, or by the higher territorial, district election commission. The election commission conducting a recount of votes shall notify members of the respective election commission, other persons mentioned in part 5 of Article 32 of this Federal Law, who are entitled to be present during the recount of votes. Based on the results of the recount of votes the election commission, which conducted the recount, shall draw up a protocol on voting results, which shall be marked as: "Recount of votes". On the basis of this protocol changes shall be made to the protocol of the higher election commission on voting results. Drawn up and certified copies of this protocol shall be issued to the persons specified in part 5 of Article 32 of the present Federal Law. If such a protocol is drawn up by a lower election commission, it shall be immediately sent to the district election commission. The previously submitted to the district election commission protocol of the territorial election commission on voting results shall be attached to the re-drafted protocol. Violation by the election commission that conducted a recount of votes of this order of drawing up the protocol on voting results marked as "Recount of votes" shall constitute a basis for declaring this protocol invalid. Article 88. Determination of Election Results in the Federal Electoral District 1. On the basis of the data contained in the first copies of protocols of district election commissions on voting results in the federal electoral district in their respective territories, the Central Election Commission after preliminary verification of the correctness of the protocol compilation by summing up the data contained in them, not later than two weeks after voting day shall determine the election result of deputies of the State Duma in the federal electoral district. Summation of the data contained in these protocols shall be carried out directly by voting members of the Central Election Commission. 2. The Central Election Commission shall draw up the protocol on election results in the federal electoral district, which shall contain the following data: 1) the number of district election commissions; 2) the number of protocols of district election commissions on the basis of which the protocol is drawn up; 3) the number of electoral precincts, in which voting results in the federal electoral district were declared invalid, and the total number of voters included in the voter lists in these precincts by the end of voting; 4) tabulated data for all lines of the protocols of district election commissions on voting results of in the federal electoral district; 5) the number of absentee vote certificates received by the Central Election Commission, the number of absentee vote certificates issued to the lower election commissions, the number of unused absentee vote certificates cancelled by the Central Election Commission, the number of absentee vote certificates lost in the Central Election Commission; 6) share of votes (percent) cast for each federal list of candidates, from the number of voters who participated in the voting; 7) the names of political parties, whose federal lists of candidates are admitted to the distribution of deputy mandates, and the number of mandates due to each of these lists; 8) the numbers of regional groups of candidates from the federal lists of candidates, which are given deputy mandates, indicating to which group of subjects of the Russian Federation (with the names of subjects of the Russian Federation), which subject of the Russian Federation, which single-mandate electoral district or single-mandate electoral districts (with the names and numbers of single-mandate electoral districts) each regional group of candidates relates, and the number of mandates due to each of these regional groups of candidates; 9) surnames, first names and patronymics of the registered candidates elected deputies of the State Duma from each federal list of candidates, which are due deputy mandates, for each regional group of candidates. 3. On the basis of the protocol on election results in the federal electoral district the Central Election Commission shall take a decision on election results in the federal electoral district. 4. The Central Election Commission shall declare elections in the federal electoral district failed: 1) if no federal list of candidates received 5 per cent or more votes cast in the federal electoral district; 2) if all federal lists of candidates received in total 50 per cent or less votes cast in the federal electoral district. 5. The Central Election Commission shall declare election results in the federal electoral district invalid: 1) if violations committed during voting in the federal electoral district or during tabulation of voting results do not allow to reliably determine the results of expression of the voters' will; 2) if the voting results in the federal electoral district were declared invalid in a part of electoral precincts, the voter lists in which by the end of voting in total comprised at least 25 per cent of the total number of voters included in the voter lists by the end of voting; 3) based on a court decision. 6. The number of voters who voted in the federal electoral district shall be determined by the number of the respective ballots of conforming form contained in the ballot boxes. 7. Deputy mandates shall be distributed to the federal lists of candidates, each of which received 5 or more percent of votes cast in the federal electoral district, provided that there are at least two such lists, and that in total more than 50per cent of votes cast were cast for these lists. In such case other federal lists of candidates shall not be admitted to the distribution of mandates. 8. If the federal lists of candidates, each of which received 5 percent or more votes cast in the federal electoral district, together received 50 percent or less votes cast, mandates shall be distributed to these lists, as well as sequentially in the decreasing order to the number of votes cast also to the federal lists of candidates that received less than 5 per cent of votes cast, until the total number of votes cast for the federal lists of candidates admitted distribution of deputy mandates exceeds in the aggregate 50 percent of votes cast. 9. If one federal list of candidates received more than 50 per cent of votes cast in the federal electoral district, and other federal lists of candidates received less than 5 per cent of votes cast, mandates shall be distributed to that federal list of candidates as well as the federal list of candidates that received the highest number of votes cast from among the federal lists of candidates which received less than 5 per cent of votes cast. 10. The federal lists of candidates admitted to the distribution of deputy mandates, shall receive these mandates in accordance with the method of proportional distribution of mandates provided for in Article 89 of the present Federal Law. When using this method, registered candidates elected to the State Duma in single-mandate electoral districts (if they are present on the list), shall not be taken into account. 11. Deputy mandates received by the federal list of candidates shall be distributed among the registered candidates on the federal part of the federal list of candidates and registered candidates in the regional groups of candidates, in accordance with the method of proportional distribution of mandates provided for in Article 89 of this Federal Law. 12. Deputy mandates shall be distributed between registered candidates in the order of their placement in the federal list of candidates established during the registration of this list by the Central Election Commission and considered (within the federal part of a federal list of candidates and each of the regional groups of candidates) as the order for the receipt of mandates. 13. Protocol of the Central Election Commission on election results for the federal electoral district shall be signed by all present voting members of the Central Election Commission. The protocol shall include as an annex a pivot table that includes full data of all received protocols of district election commissions on voting results in the federal electoral district. Summary table shall be signed by the chairman (deputy chairman) and secretary of the Central Election Commission of Russian Federation. 14. A voting member of the Central Election Commission, who disagrees with the entire protocol of the Central Election Commission on election results in the federal electoral district, or its specific provisions, shall be entitled to attach to the protocol a dissenting opinion, the record of which shall be made in the protocol. Complaints (applications) about violations of the present Federal Law, received by the Central Election Commission from voting day until the day of drawing up the protocol, as well as decisions of the Central Election Commission taken on these complaints (applications), shall also be annexed to the protocol. 15. Certified copies of the protocol of the Central Election Commission of the Russian Federation on election results in the federal electoral district and the pivot table shall be provided to all members of the Central Election Commission, other persons mentioned in Part 1 of Article 32 of this Law present during the determination of election results, as well as to representatives of the media. 16. If, after signing the protocol of the Central Election Commission on election results in the federal electoral district and (or) the pivot table, the Central Election Commission discovered an inaccuracy in them (including clerical, typographical errors or errors in summation of the data contained in the protocols of lower election commissions), the Central Election Commission shall at its session consider making adjustments to the protocol and (or) the pivot table. The Central Election Commission, while informing of this session in accordance with part 2 of Article 32 of the present Federal Law, shall state that it will consider this issue. The decision made shall be communicated by the Central Election Commission to its advisory members with, other persons mentioned in part 5 of Article 32 of this Federal Law who were present when the previously approved protocol of the Central Election Commission on voting results in the federal electoral district was drawn up. 17. Upon detection of errors, discrepancies in the protocols on voting results received from lower election commissions, or if there are doubts as to the correctness of their compilation, the Central Election Commission may decide to hold a recount votes in the respective electoral precinct, respective territory, respective single-mandate electoral district. Such recount may be conducted not later than one day prior to the deadline established by this Federal Law for the determination of election results in the federal electoral district. 18. In the case stipulated by part 17 of this Article, recount of votes shall be carried out in the presence of the voting member(s) of the Central Election Commission by the election commission which drew up and approved the protocol on voting results that must be verified, or directly by the higher election commission, or the Central Election Commission. The election commission conducting a recount of votes shall notify members of the respective election commission, other persons mentioned in part 5 of Article 32 of this Federal Law, who are entitled to be present during the recount of votes. Based on the results of the recount of votes the election commission, which conducted the recount, shall draw up a protocol on voting results, which shall be marked as: "Recount of votes". On the basis of this protocol changes shall be made in all protocols of higher election commissions on voting results. The previously submitted protocol on voting results shall be attached to the re-drafted protocol. Violation of this order of drawing up the protocol on voting results marked as "Recount of votes" shall constitute a basis for recognising this protocol invalid. Article 89. Method of Proportional Distribution of Mandates 1. The Central Election Commission shall calculate the sum of the votes cast for the federal lists of candidates admitted to the distribution of mandates in accordance with the rules provided by parts 7 - 9 of Article 88 of this Federal Law. This sum of votes is divided by 225 - the number of mandates to be distributed in the federal electoral district. The result is the first electoral quotient, which shall be used in the distribution of mandates between the federal lists of candidates. 2. The number of votes received by each federal list of candidates admitted to the distribution of deputy mandates shall be divided by the first electoral quotient provided by part 1 of this Article. The whole part of the result of this division is the number of mandates allocated to the respective federal list of candidates as a result of initial distribution of deputy mandates. 3. If after the initial distribution of mandates carried out in accordance with part 2 of this Article, there remain unallocated mandates, the second distribution shall be made. Unallocated deputy mandates shall be allocated by one to the federal lists of candidates, which have the largest remainder fraction resulting from the division made according to part 2 of this Article. In case of equal fractions (after the decimal point to the sixth digit inclusive), preference shall be given to the federal list of candidates that received the greater number of votes. 4. After the distribution of mandates according to Ppart 3 of this Article, they shall be initially distributed within each federal list of candidates among the regional groups of candidates and the federal part of the federal list of candidates (if any). Firstly, mandates shall be given to the registered candidates on the federal part of the federal list of candidates, in their order on that part of the list. 5. If, after giving mandates to the registered candidates in the federal part of the federal list of candidates, there remain mandates due to that federal list of candidates, these mandates shall be distributed within the list among the regional groups of candidates in the following order. The sum of the votes cast for the federal list of candidates in those subjects of the Russian Federation, groups of subjects of the Russian Federation, parts of territories of subjects of the Russian Federation, which correspond to the regional groups of candidates of the federal list of candidates, shall be divided by the number of mandates remaining unallocated within the list. The result is the second electoral quotient of this federal list of candidates. The number of votes cast for each of the regional groups of candidates shall be divided by the second electoral quotient. The whole part of the result of this division is the number of mandates distributed to the corresponding regional group of candidates. If after these actions there remain undistributed mandates due to this federal list of candidates, they shall be distributed by one to the regional groups of candidates, which have the largest remainder fraction resulting from dividing the number of votes cast for each of the regional groups of candidates by the second electoral quotient of this federal list of candidates. In case of equal fractions, preference shall be given to the regional group of candidates, which received the greater number of votes. If in case of equality of votes cast for the regional group of candidates, the number of such groups is greater than the number of seats, the regional group of candidates to receive the mandate shall be determined according to the order of the regional groups in the federal list of candidates. 6. If in the process of distribution of mandates within the federal list of candidates one or more regional group of candidates does not have the required number of registered candidates, the remaining undistributed mandates shall be further distributed among the regional groups of the same federal list of candidates, which have registered candidates who did not receive mandates. If, by the time of additional distribution of mandates, there are regional groups of candidates which did not receive seats in the process of distribution by remainder in accordance with part 5 of this Article, and there are groups among them which have registered candidates who did not receive mandates, then mandates shall be distributed by one to each of these regional groups of candidates. This shall be done preserving the order for the distribution of mandates (in accordance with the values of the remainders) determined on the basis of the initially calculated second electoral quotient. If, during the additional distribution of mandates after exhausting the regional groups of candidates who did not receive mandates through distribution in accordance with the values of the remainders, there remain undistributed mandates, these mandates shall be distributed by one to the regional groups of candidates, which have the lowest additional distribution ratio, calculated for each of the regional groups of candidates with registered candidates who did not receive seats. This ratio shall be calculated by dividing the number of mandates obtained by the regional group of candidates by the number of votes cast for it. If this ratio is equal, the mandate shall be given to the regional group of candidates that received the greater number of votes. If, after such distribution, the number of additionally distributed mandates is greater than the number of regional groups of candidates which may receive them, the procedure of additional distribution shall be repeated the necessary number of times, with the said ratio calculated anew each time. Additional distribution of mandates shall also be made in other cases stipulated by this Federal Law. 7. If, after the distribution of mandates between the federal lists of candidates conducted in accordance with parts 1 - 3 of this Article, it shall be necessary to additionally allocate one or more mandate between all federal lists of candidates, or between some of them, this allocation shall be done as follows. Firstly, mandates shall be allocated to the federal lists of candidates which have not received mandates during their distribution in accordance with the values of the remainder as provided for by part 3 of this Article, and then the allocation of mandates shall be carried out in accordance with the additional distribution ratio for each federal list of candidates, calculated by dividing the total number of mandates obtained by the respective federal list of candidates by the number of votes cast for that list. The mandates shall be allocated by one to the federal lists of candidates, which have the lowest ratio. If the ratios are equal, the mandate shall be allocated to the federal list of candidates that received the greater number of votes. If, after such distribution, the number of additionally distributed mandates is greater than the number of federal lists of candidates which may receive them, the procedure of additional distribution shall be repeated the necessary number of times, with the said ratio calculated anew each time. The mandates allocated to the federal list of candidates shall be given to the registered candidates in the federal part of the list who did not receive mandates, and if there are none –to the registered candidates in the regional groups of candidates of this list, according to the method of additional distribution of mandates provided by part 6 of this Article. Additional distribution of mandates shall be made only to the federal lists of candidates that have registered candidates who did not receive mandates. 8. If, after the initial distribution of mandates within the federal list of candidates, a mandate becomes vacant, it shall be given to the registered candidate from the same federal list of candidates. The mandate shall be given to the first registered candidate from among the registered candidates who did not receive mandates in the same regional group of candidates (federal part of the federal list of candidates) than the registered candidate whose mandate became vacant. If in the respective regional group of candidates (federal part of the federal list of candidates) there are no registered candidates who did not receive mandates, the vacant mandate shall be allocated among the other regional groups of candidates of the same federal list of candidates in accordance with the method of additional distribution of mandates provided for in part 6 of this Article. 9. If in the process of distribution of mandates within the federal list of candidates there will be no registered candidates who did not receive mandates, the remaining undistributed mandates shall remain vacant until the next elections to the State Duma, except for the case provided by part 10 of this Article. 10. If after the implementation of provisions specified in part 9 of this Article, the State Duma is lacking the legal quorum, the unallocated mandates shall be given to the federal lists of candidates not admitted to the distribution of seats in accordance with the requirements of parts 7 - 9 of Article 88 of this Federal Law, which received the number of votes greater than the first electoral quotient. In this case each of these federal lists of candidates shall be entitled to receive mandates not exceeding the number of mandates that it could receive if it were admitted to the distribution of mandates together with the federal list of candidates mentioned in parts 7 - 9 of Article 88 of this Federal Law. These mandates shall be distributed between the federal lists of candidates not admitted to the distribution of mandates in accordance with the requirements stipulated in parts 7 - 9 of Article 88 of this Federal Law, which received the number of votes greater than the first electoral quotient, proportionally to their number of votes according to the method of distribution of seats provided for in this Article.