|
Draft
Election Code of the Republic of Armenia
Yerevan 2004
Election Code of the Republic of Armenia
Democratic, free, and regular elections of state authorities and local
self-government are deemed direct manifestation of supreme power of people.
During the elections, the State guarantees expression of free will of
citizens and protection of democratic principles of the electoral right.
PART ONE
SECTION 1: GENERAL PROVISIONS
CHAPTER 1: MAIN PROVISIONS
ARTICLE 1: Electoral Basis
1. The present Code defines the guarantees of exercising of the Constitutional
right to elect and be elected of persons vested with the electoral right
during the elections of the President of the Republic of Armenia, the
National Assembly, and the local self-government, as well as the order
of conducting elections.
2. The State is responsible for preparation, organization and conduct
of elections and provision of their legitimacy.
ARTICLE 2: Electoral Legislation
1. The electoral right in the Republic of Armenia is regulated by the
Constitution, the present Code, and other laws.
2. Any amendments to this Code made after the appointment of the voting
day shall become effective after the official promulgation of the election
results.
ARTICLE 3: Grounds for Elections
1. In accordance with Article 3 of the RA Constitution, elections of
the RA President, elections to the National Assembly, and elections of
the local self-government are held through universal, equal, direct suffrage,
by secret ballot.
2. RA citizens enjoying voting right participate in elections directly,
by the expression of free will, on voluntary basis.
3. Simultaneous holding of different elections is prohibited, except for
community head and councilor or a referendum and elections.
4. The State encourages the elections of the RA President, elections to
the National Assembly and local self-governing bodies to be held based
on the principles of competitiveness and alternative.
ARTICLE 4: Voting Right of Citizens
1. In the Republic of Armenia, RA citizens having attained the age of
18 years have the right to vote. During the elections of local self-government,
voting right is vested to every person having attained the age of 18,
who has actually inhabited and has been registered in the corresponding
community for at least one year.
2. The Diplomatic and Consular Missions of the Republic of Armenia, in
accordance with the procedure established by this Code and the Central
Electoral Commission, ensure exercising of the voting right of RA citizens
living abroad.
3. Citizens who have been recognized incapacitated by a court ruling,
as well as those who have been sentenced to imprisonment and endure punishment
by a court decision, which has entered into legal force, cannot elect
and be elected. Any other restriction of voting right, regardless of form
and way, is prohibited.
4. The disabled, as well as other voters having difficulties in going
to the precincts, take part in voting in compliance with the procedure
defined by the present Electoral Code, that is - via mobile ballot boxes,
without coming to the polling station.
5. 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 right to vote on the above-mentioned grounds is prohibited
and prosecuted by the law.
ARTICLE 5: Equal Suffrage
1. Citizens participate in elections on equal basis.
2. The State ensures equal conditions for exercising of the voting right,
in conformity with the procedure established by this Code.
ARTICLE 6: Direct Voting Right
RA President, the Members of Parliament and heads of local self-government
bodies are elected directly by citizens.
ARTICLE 7: Voting by Secret Ballot
Voting during the elections is by secret ballot. Oversight of the expression
of voters' free will is prohibited.
ARTICLE 8: Transparency of Elections
1. Preparation and conduct of elections is open and transparent.
2. Electoral Commissions, State and local self-government authorities
are prohibited to make secret decisions on matters related to preparation
and conduct of elections.
3. Decisions of the Central Electoral Commission are published in "Haiastani
Hanrapetutun" (Republic of Armenia) newspaper within three days after
the decisions are made.
4. The Chairman of the electoral commission, in the course of sessions
of electoral commissions and during the voting, in the way prescribed
by this Code ensures participation of proxies, observers and mass media
representatives in the activities of electoral commission, and ensures
necessary and equal working conditions for them.
5. Three days before elections of RA President and to the National Assembly,
the Central Electoral Commission promulgates the total number of voters
in the Republic of Armenia.
6. In accordance with the procedure envisaged by this Code, citizens are
informed about the composition, location, and working hours of Electoral
Commissions, formation of precincts and precinct centers, deadlines for
submitting appeals concerning inaccuracies in voter lists, nomination
and registration of candidates, the day of the election, voting and election
results.
7. On the voting day, the precinct electoral commissions are required
to send to the Territorial Electoral Commission (TEC) three-hour periodicity
data on the number of voters who have participated in voting. The Territorial
Electoral Commissions sum up, publicize, and submit the aforementioned
data to the Central Electoral Commission at three-hour periodicity. During
the national elections (elections of the RA President and to the National
Assembly), the Central Electoral Commission (CEC), starting from 11 a.m.
periodically publicizes data on the number of voters having participated
in the voting. The last preliminary data shall be published not later
than 11 p.m. The CEC should officially announce the final number of voter
turnout within 16 hours after the voting process completion.
8. Immediately after the end of the voting process (8 p.m.) until the
publication of the preliminary results of elections, every three hours
the CEC should provide updates on the results via public TV and radio.
ARTICLE 9: Expenses for Preparation and Conduct of Elections
1. Expenses for preparation and conduct of elections (including expenses
associated with compilation and administration 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 shall be determined by this Code.
CHAPTER 2. VOTER LISTS
ARTICLE 10: Compilation and Administration of Voter Lists
1. Community heads shall compile and administer voter lists, by the power
of authorities delegated to them.
2. Every person having the right to vote is eligible to be included in
one voter list only.
3. Voter lists are permanently managed documents and are compiled in communities,
precinct per precinct. Voter lists are reviewed every year, in January
and June. The procedure on reviewing the voter lists is determined by
the Government.
4. In cases envisaged by this Code, in accordance with the procedure set
forth by the CEC, voter lists are also compiled in foreign countries,
and institutions having detention authority. Such lists are compiled by
the heads of Diplomatic or Consular Missions of the Republic of Armenia,
heads of institutions having detention authority.
5. According to the procedure established by the CEC, voter lists compiled
outside of the territory of the Republic of Armenia include such RA citizens
having the right to vote who are registered with the Consular Missions
of the Republic of Armenia.
6. Basing on the voter lists compiled in communities, the CEC develops
a precinct-by-precinct national voter list.
The national voter list should be located at the CEC website.
The national voter list should be revised twice a year, in February and
August.
The order of submitting the voter lists to the CEC by the communities
is determined by the CEC.
On the day of National Elections the CEC website should include the final
voter list compiled by community leaders 5 days prior.
7. 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 Marz Electoral Commission in forty days before the elections.
8. The Community head, starting from 40 days before the elections and
within 35 days, makes corrections in the voter lists, based on written
applications of citizens regarding inaccuracies in voter lists.
ARTICLE 11: Inclusion of Citizens in Voters Lists
1. All citizens enjoying the right to vote and registered in a given
community, as well as citizens temporarily or permanently residing in
the given community without registration and having submitted, not later
than five days before the voting day, an application to the community
head on inclusion of their names in the voter lists in the manner defined
by the CEC, should be included in the voter lists.
2. During the elections into local self-governing bodies, any person having
the right to vote during the elections of local self-government is included
in the voter list, on common basis. The military men, who have been removed
from registration lists due to being called up for military service, are
included in the voter lists on common basis.
3. The lists of voters under detention are compiled by the head of the
given institution, with the participation of the member of the TEC, three
days before the elections.
4. During the national elections, the military servants and their family
members having the right to vote are included on common basis in the voter
lists of the relevant precinct (wherever the unit is located), based on
the data submitted by the administration of the military unit.
5. Military servants residing outside the military unit and having the
right to vote are included in the voter lists on common basis.
ARTICLE 12: Requirements for Voter Lists
1. Voter lists should include the name, family name, the year, the month
and the day of birth, as well as the address of registration.
2. The voter lists are compiled according to the citizens' address of
registration. The procedure for including in the voter lists citizens
lacking registration is determined by the CEC.
3. Voter lists are compiled as a registration book and paginated for up
to 1000 voters. Each page of the register is signed and sealed by the
community head and representatives of relevant passport desks.
4. In case the patronymic name of a voter is missing in the voter list,
while all other data is accurate, the person should not be deprived of
voting.
ARTICLE 13: Accessibility to Voter Lists
1. Every person can freely familiarize himself/herself with the voter
lists.
2. Together with the voter lists, it is mandatory to display a notice
about dates and place for submission of applications on inaccuracies in
those lists, and the procedure, dates and conditions for their consideration.
3. After the elections, the voter lists stay displayed at the precinct
center for at least 14 days.
4. 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 shall
provide the relevant voter lists to the citizen within three days.
ARTICLE 14: Submission of Voter Lists to Precinct Electoral Commissions
Not later than 2 days prior to the elections, the community leaders and
heads of institutions having detention authority submit two copies of
final voter lists to the Chairmen of the Precinct Electoral Commissions
(PEC). The Chairmen post one copy of voter lists in the center of the
precinct, visible for everyone.
ARTICLE 15: Procedure for Consideration of Applications on Inaccuracies
in Voter Lists and their Correction
1. Every citizen has the right to apply to the community head concerning
inaccuracies in voter lists not later than five days prior to voting.
Applications are submitted in writing.
2. Within three days community heads consider applications concerning
inaccuracies in voter lists, make substantiated decisions, and informs
the applicants in writing on the results of the consideration of their
applications. Whenever possible, citizens, whose names and last names
are being removed from voter lists, should also be informed.
Copies of decisions of community leaders regarding changes in voter lists
should be immediately submitted to PECs to be posted near voter lists.
3. In case the citizen discovers that his/her name is missing in the final
voter list, he/she can appeal to the corresponding PEC for recovering
the name in the list. The PEC makes certain that the applicant is registered
in the given community and his/her name is missing in the voter lists
(the Chairperson of the Election Committee passes the passport of the
applicant on to the members of the Committee). Afterwards, the PEC makes
a decision to include the applicant in the additional voter list and attaches
the appeal of the citizen and the decision of the PEC to the additional
list.
The decisions should be in two copies. After elections, the PEC Chairperson
passes one copy of those to the community leader so that he/she makes
relevant changes in voter lists.
In case a PEC rejects an appeal of a citizen regarding recovery of his/her
name in the voter lists, the applicant may still appeal on the same issue
to the court.
4. Disputes on inaccuracies in voter lists may be taken to the court.
The court shall examine the complaints within five days. In case appeals
are filed within five days prior to Election Day or on the Election Day,
the court should consider the complaints without delay and issue a decision
that cannot be subjected to revision. The Chairman of the Precinct Electoral
Commission, based on the court decision and the order envisaged by item
3 of this Article, makes a decision to include the name of the person
in the additional voter list, attaching thereto the copy of the court
decision and the relevant decisions of the PEC.
CHAPTER 3. ELECTORAL PRECINCTS AND PRECINCT CENTERS
ARTICLE 16: Electoral Precincts
1. Electoral precincts are formed for the purpose of organization of
voting and vote count and are numbered consecutively. The way and the
order of numbering is defined by the CEC.
2. Not later than sixty (60) days prior to the voting day, community heads,
taking into consideration local and other conditions, and with the intention
to create most favorable conditions for exercising of electoral rights
of voters, submit a draft decision on formation of the electoral precinct
for the approval of the Marz Electoral Commission.
The Marz Electoral Commission approves the electoral precincts not later
than within 55 days before the voting.
3. Heads of military units submit the number of voters registered in the
military units to the corresponding community heads before the formation
of the precincts.
4. Notwithstanding elections of the local self-government, electoral precincts
are also formed at Diplomatic or Consular Missions of the Republic of
Armenia and institutions having detention authority, pursuant to the procedure
established by the Central Electoral Commission.
5. A precinct may cover not more than 2000 voters.
The final voter lists should not exceed the number of 2100 voters.
6. A precinct cannot include residential areas of different communities.
ARTICLE 17: The Precinct Center
1. Not later than sixty (60) days prior to the voting day, the community
head submits a draft decision on formation of a precinct center in the
electoral precinct for the approval of the Marz Electoral Commission.
The Marz Electoral Commission approves the precinct center not later than
within 55 days before the voting.
2. Precinct centers shall be formed at the premises of preschool educational,
academic, scientific, cultural, sports or other institutions, which are
on the territory of the given precinct and are under subordination of
state or local self-governing bodies.
3. It is forbidden to locate a precinct center on the territory of another
precincts. The precinct center should include at least 50square-meter
voting room.
4. Precinct centers can be formed at institutions having detention authority,
as well as at electoral precincts arranged at Diplomatic or Consular Missions.
5. A precinct center shall be located as close as possible to residential
buildings and houses situated within the electoral precinct.
6. In case it is impossible to conduct voting at the precinct center,
the Chairman of the Marz Electoral Commission, at the request of the PEC
Chairman, changes the location of the precinct center at least three days
prior to the voting day, and in emergency cases (natural disaster, accident,
fire) the Chairman of the relevant MEC may change the precinct center
on the day of voting and two days before it.
7. The community head, in accordance with the procedure established by
the CEC, within 2 days informs the citizens and heads of the institutions
administering the premises of precinct centers on the formation of electoral
precincts and precinct centers.
8. In the event of changing the location of the precinct center in the
procedure established under provision 6 of this Article, the community
head immediately informs the citizens about the change.
CHAPTER 4. PRE-ELECTION CAMPAIGN
ARTICLE 18: Pre-election Campaign and time-periods for its Conduct
1. Citizens, parties, and non-governmental organizations of the Republic
of Armenia have the right to campaign in the form and ways set forth by
this Code in favor of or against candidates (candidates for RA President,
candidates for RA National Assembly nominated by civic initiative, candidates
for the community head /district head/, candidates for community councils,
hereinafter referred to as "the candidate") and Lists of candidates
during elections of the National Assembly (hereinafter "Party Lists").
2. The election campaign commences on the day following the last day of
registration of candidates and Party Lists, and ends on the day prior
to the day of voting.
ARTICLE 19: Basic Principles of the Pre-election Campaign
1. The state ensures the free implementation of citizens' pre-election
campaign. The pre-election campaign is exercised on equal bases. Such
bases are ensured by the state and local self-government bodies, for organization
of pre-election assemblies, meetings of candidates with the voters and
other election-related events, by providing squares, halls and other premises.
Such facilities are provided to candidates and parties participating in
the elections on equal bases, free of charge, in accordance with the procedure
established by the CEC.
2. Pre-election campaign can be held through mass media, through electoral
public events (such as pre-election assemblies and meetings with voters,
public electoral discussions, debates, rallies, and marches, demonstrations)
by printing publications, disseminating audiovisuals.
3. It is forbidden to provide historical-cultural building and adjacent
territories for the aforementioned purposes.
4. The candidates and parties are guaranteed equal conditions for access
to the mass media founded by state and local self-government bodies.
5. During the pre-election campaign, it is forbidden to abuse freedom
of speech - 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.
6. Those who are forbidden to conduct the pre-election campaign and to
disseminate campaign materials of any kind are included in the list below:
1) state and local self-governing bodies, as well as their managers, staff
while performing their official duties;
2) members and judges of the Constitutional Court, officials of the Ministries
of Internal Affairs and National Security, employees of prosecutor's office,
and military servants;
3) charitable and religious organizations;
4) foreign citizens and organizations;
5) individuals without citizenship.
7. During the pre-election campaign, candidates and parties are banned
from giving (promising) - personally, indirectly or otherwise - money,
food, bonds, and goods to citizens free of charge or on privileged terms
or rendering (promising) services.
8. The candidates and parties participating in the elections to the National
Assembly are bound to observe the procedures for organization of the pre-election
campaign.
Electoral Commissions oversee the observance of the established procedure
for the pre-election campaign. In the event of violation of the procedures
the corresponding Commission appeals to authorized structures in order
to prevent such violations, as well as to the Court - invalidate the registration
of that candidate or party list or the candidate in the party list. In
the event of receiving such appeals from Electoral Commissions, the Court
should issue a decision within five days. In case the appeals are filed
within five days prior to the voting day the court decision should be
made without delay.
9. 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 or detained candidates can have daily meetings,
for up to two hours, with not more than three proxies at the same time,
at the institutions that have the authority to hold the arrested or the
detained.
ARTICLE 20: Pre-Election Campaign through Mass Media
1. Candidates for RA President and the parties participating in the National
Assembly elections have the right of paid and free of charge airtime (including
live broadcasting) on the public radio and television, on equal bases.
2. The CEC establishes the procedure for the provision of free airtime
on the public radio and television for candidates of RA President and
parties participating in National Assembly elections.
3. On equal bases, candidates and parties participating in National Assembly
elections have the right to use the airtime of other radio and TV stations,
regardless of their type of ownership.
During TV and radio news programs and shows, TV and radio companies are
not allowed to cover or analyze the pre-election campaign of candidates
or parties
4. The management of periodical press founded by the state as well as
the local self-government authorities shall ensure equal conditions for
candidates and parties participating in National Assembly elections when
publishing campaign materials.
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 radio and television broadcasts of campaign
materials with the advertisements of goods and services.
7. It is forbidden to establish campaign headquarters at precinct centers,
as well as campaigning at precinct centers within seven days before the
voting day.
8. Television and radio broadcasts related to pre-election campaign shall
be recorded on audio- and videotape. They are preserved for at least three
months.
ARTICLE 21: Campaign Headquarters
1. Candidates and parties have the right to establish campaign offices
for conducting their campaign.
2. Within three days after the establishment of the campaign office, the
candidate or the party should inform the relevant MEC by submitting the
contract signed with the owner of the premise.
3. Campaign offices should not be established at premises managed by the
state or local authorities.
4. Campaign offices can be managed by a proxy of a candidate or a party.
5. All expenses of campaign offices should be covered from Electoral Funds.
Article 22: Procedure for the Use of Campaign Posters and Other Materials
1. Candidates and parties participating in National Assembly elections
have the right to publish and disseminate posters, leaflets and other
printed campaign materials on equal basis.
2. The community head, not later than three days after the start of the
pre-election campaign, allocates special places in the territory of the
community for displaying campaign posters. Those places shall be convenient
for voters' attendance. Candidates and parties participating in National
Assembly elections shall have equal space to locate their posters in those
special places. It is forbidden to provide the walls of cultural monuments
for posting campaign materials.
It is forbidden to post campaign materials in places other than advertisement
hoardings.
3. The depiction of the flag or the coat of arms of the Republic of Armenia
on campaign posters is prohibited.
4. It is forbidden to tear off campaign posters displayed in special places,
or make any graffiti on them.
5. Community heads should ensure that campaign posters of candidates,
who are not on the ballot, and parties not running for National Assembly
elections are promptly removed.
6. Printed campaign materials shall contain information about organizations
and people responsible for the publication, as well as the printing company
and the quantity of circulation.
7. Dissemination of anonymous printed campaign materials is forbidden.
ARTICLE 23: Prohibition of Influencing upon the Free Expression of Citizens'
Will
It is forbidden to publish the results of public opinion polls on the
ratings of candidates and parties participating in National Assembly elections
and forecasts of election results within the last seven days of the pre-election
campaign.
ARTICLE 24: Prohibition of Campaigning on the Election Day and the Previous
Day
1. Pre-election campaign is forbidden on voting day and the previous
day. Campaign materials, which are not in precinct centers, may remain
posted on the Election Day.
2. Before completion of elections it is forbidden to publish voters' survey
results on whose favor they have voted for.
3. It is forbidden to assemble in groups on Election Day in the radius
of 50 meters from the precinct center.
CHAPTER 5. FUNDING OF ELECTIONS
ARTICLE 25: Funding of Organization and Conduct of Elections
1. Expenses for organization and conduct of elections are covered by
the state budget. During national elections envisaged election funding
should be not less than 500 per voter.
2. In case of holding extraordinary elections, the elections are funded
from the reserve fund of the state budget, and in case it is not possible
- from the reserve fund of the Central Bank, which afterwards should be
reimbursed from the state budget. The amount of the funding should be
in proportion to expenses made during the previous elections. If the budgetary
funds are not allocated to the Central Electoral Commission in time, or
there are no funds available in the reserve fund of the RA Central Bank,
or the allocated means are not sufficient for funding the extraordinary
elections or the second round, 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
three months.
3. The funds envisaged for the elections are allotted to the CEC within
five days after the designation of elections.
4. The financial resources are distributed among commissions by the decision
of the RA Government, according to procedure determined by the Ministry
of Finance and the budget estimated by the CEC. Chairmen of electoral
commissions manage the financial resources and bear responsibility for
their appropriate usage.
5. Each year before October 30, the CEC submits to the Government the
estimated budget of electoral commissions for the next year, which is
included in the draft of the state budget without changes.
ARTICLE 26: Pre-Election Fund
1. For the purpose of funding their pre-election campaigns, candidates
and parties participating in National Assembly elections create pre-election
funds. The means of pre-election funds for Presidential and National Assembly
elections are accumulated in the RA Central Bank (on a special account).
The means of the pre-election fund are managed by candidates and parties
participating in National Assembly elections. Banks open special temporary
accounts based on written application of registered candidates and parties
participating in National Assembly elections. No revenues are accumulated
or paid from these accounts.
2. Pre-Election funds are formed from:
1) personal means of candidates;
2) means allocated to the candidate by the party that has nominated him/her;
3) party means;
4) voluntary contributions by physical persons and legal entities.
3. The following individuals and structures have no right to make contributions
to pre-election funds;
1) state and local self-governing bodies;
2) budgetary institutions;
3) foreign physical persons and legal entities;
4) individuals without citizenship;
5) those legal entities, in the Charter or share capital of which the
Republic of Armenia or its communities have share;
6) those legal entities which have foreign means in the amount of more
than 30 percent in their share capital;
7) charitable and religious organizations, international organizations
and international non-governmental movements.
4. The amounts allotted for pre-election funds by physical persons and
legal entities mentioned in this Article flow into the state budget.
5. The Central Electoral Commission establishes the procedure for voluntary
contributions to pre-election funds.
6. This Code establishes the maximum amount of contributions to pre-election
funds by physical persons and legal entities. Contributions exceeding
the established amount and the money left in pre-election funds after
the elections are transferred to the state budget.
7. Means of pre-election funds are spent by candidates and parties participating
in National Assembly elections, as well as by their proxies.
8. The banks, where special temporary accounts have been opened, periodically
-every three days - submit a statement on transactions related to pre-election
funds of candidates and parties participating in National Assembly elections
to the relevant Election Commission. Those banks shall return to the persons
having the right to make contributions to pre-election funds the amounts,
which are received after the established maximum size of the pre-election
fund is filled up.
9. If a candidate or a party/candidate participating in National Assembly
elections uses other means for the pre-election campaign besides those
of the election fund, the Court, based on the application of the Central
Electoral Commission, invalidates the registration of the candidate, the
party list or the candidate included in the party list.
10. All the transactions connected with the election funds of candidates
and parties participating in National Assembly elections are terminated
from the day of voting.
11. The Central Electoral Commission may allow candidates and parties
participating in National Assembly elections to make payments from the
fund after the voting day, as well, in case the transactions had been
carried out before the voting day.
12. Not later than six days after the elections, the candidates and parties
participating in National Assembly elections submit a declaration on contributions
to their pre-election funds and their use to electoral commissions that
had registered them. The Central Electoral Commission establishes the
sample form of and the procedure on submission of the declaration. The
Central Electoral Commission publicizes the declarations immediately after
receiving them in conformity with the procedure established by the CEC.
13. In case Elections are acknowledged invalid, the means remaining on
the pre-election account should be frozen till registration of candidates
or parties for new elections. Parties and candidates registered for new
elections can use the means remaining in their pre-election funds. In
case parties or candidates are not registered for the new elections, the
remaining means flow into the state budget.
ARTICLE 27: Oversight and Audit Service
An oversight-audit service is set up by the CEC to oversee the purposeful
use of means allocated to electoral commissions for organization and conduct
of elections, as well as the contributions made to election funds and
their use. Relevant specialists can be included in the work of the service
on contractual basis. Within one month after receiving declarations on
the use of means from pre-election funds of candidates and parties participating
in National Assembly elections, pursuant to the procedure set forth by
Article 26.11, the oversight-audit service performs checking and submits
those for the discussion of the CEC. All materials related to any law
violations detected during the discussions should be sent by the CEC to
the Court of First Instance within 3 days. The Central Electoral Commission
establishes the procedure for the activity of the oversight-audit service.
ARTICLE 28: Accounting of Financial Resources
1. Counting of reception and usage of budgetary resources, as well as
contributions made to the pre-election funds and their expenditures is
performed in compliance with the legislation of the Republic of Armenia.
2. Within 3 days after the completion of elections PECs file a report
on financial expenditures to Marz Electoral Commissions. Within ten days
after the elections Marz Electoral Commissions file a report on financial
expenditures to the Central Electoral Commission. Within sixty days after
the completion of elections the CEC reports to the Audit Chamber of the
RA National Assembly on expenditures of financial resources.
CHAPTER 6. PROXIES, OBSERVES AND REPRESENTATIVES OF MASS MEDIA
ARTICLE 29: The Status of the Proxy
1. To protect their rights and legal interests in their relationship
with electoral commissions, the state and local self-governing bodies,
organizations and the mass media, as well as for organizing pre-election
campaigns, candidates and parties participating in National Assembly elections
may have proxies. Only citizens of the Republic of Armenia vested with
voting right can become a proxy.
2. Candidates and parties participating in National Assembly elections
are equipped with sealed certificates, based on the submitted proxy lists,
but not more than three times the number of precincts. Certificates are
issued within three days after submission of the request. The relevant
commission indicates in the certificate the candidate's first name, last
name, the name of the party and seals it. The candidate or the party leader
fills out the certificates, seals them (the candidate signs them) and
gives them out them to proxies.
3. The CEC establishes the procedure for registration of proxies. Candidates
and party leaders may at any time recall their proxies and appoint new
ones, informing the relevant electoral commission about that in writing.
4. Members of the Constitutional Court, judges, employees police, national
security and defense structures, prosecutor's office, tax inspection and
customs department, as well as those of social insurance (services) structures,
military servants, clergymen, members of electoral commissions, heads
of the state-owned and public mass media outlets.
ARTICLE 30: The Right of the Observation Mission
1. During elections the right of observation mission can be granted to:
1) international organizations;
2) foreign countries;
3) those non-governmental organizations of the Republic of Armenia and
those foreign NGOs, whose charter provisions include issues of democracy
and protection of human rights and which do not support any candidates
or parties.
2. The Central Electoral Commission establishes the procedure for carrying
out the observation mission.
ARTICLE 31: Accreditation of Observers
1. The organizations specified in Article 30 of this Code can carry out
observation mission after being accredited at the Central Electoral Commission.
2. Requests for accreditation are filed to the Central Electoral Commission
starting from the day of the designation of elections, but not later than
ten days prior to the voting day.
3. The Central Electoral Commission gives out the credentials for carrying
out observation mission to relevant organizations not later than seven
days after the filing of the request.
4. If after receiving the accreditation, observers support any candidate
or party participating in National Assembly elections, the Central Electoral
Commission has the right to deprive the corresponding observer of right
to observe elections. If cases like this repeat again, the CEC is authorized
to invalidate the accreditation of the relevant organization, as well.
ARTICLE 32: Rights, Responsibilities and Guarantees of Activity of Proxies
1. The proxy has the right to:
1) be present at the sessions of electoral commissions, and during the
voting - in the voting room;
2) familiarize, without impediments, with electoral documents, ballot
paper specimens, decisions of electoral commissions, protocols of sessions,
receive their copies and make excerpts at the presence of the election
commission chairman, deputy, secretary or any other member assigned by
the chairperson. The copies and excerpts of decisions and protocols should
be sealed and signed by the Chairperson and the Secretary of the Commission.
Documents received from PECs are sealed only on the Election Day;
3) Appeal against decisions, activities, inaction of election commissions;
4) Fulfill other authorities granted to him/her by this Code;
2. The proxy participates at activities of election commissions in accordance
with the order established by this Code.
3. Two proxies from each candidate and party participating in NA elections
can attend a session of electoral commissions (with the right of an advisory
vote) in case the number of candidates or parties participating in elections
is 7 or less. In case it is over 7, each candidate or party should deploy
only one proxy to attend the sessions.
4. Any restriction of rights of proxies is forbidden. Nobody, including
electoral commissions, have the right to dismiss proxies from the voting
room, or isolate him/her otherwise from activities of election commissions,
except for the cases of their detention or arrest.
5. The proxy cannot be subjected to liability for expressing his/her opinion
on the course of elections and tabulation of election results.
ARTICLE 33: Rights, Responsibilities and Guarantees of Activity of Observers
and Representatives of Mass Media
1. Observers and representatives of mass media have the right to:
1) be present at sessions of electoral commissions, and during the voting
- in the voting room;
2) familiarize, without impediments, with electoral documents, decisions
of electoral commissions, protocols of sessions and make excerpts;
3) record and film, without impediments, the entire process of voting
and tabulation of results;
2. Observers and representatives of mass media have no right to interfere
with activities of electoral commissions.
3. Two representatives of the same observing organization and two representatives
of the same mass media outlet can be present at sessions of electoral
commissions and during the voting process.
4. Observers and representatives of mass media can observe the voting
process and the work of electoral commissions. Regarding those, they may
present remarks and recommendations to Chairmen of electoral commissions.
The Chairmen should undertake necessary measures in this regard.
5. Any restriction of rights of observers and mass media representatives
is forbidden.
6. Observers and mass media representatives cannot be subjected to liability
for expressing his/her opinion on the course of elections and tabulation
of election results.
SECTION 2. ELECTORAL COMMISSIONS
CHAPTER 7. THE SYSTEM OF ELECTORAL COMMISSIONS, THE STATUS OF MEMBERS
OF ELECTORAL COMMISSIONS
Article 34: Electoral Commissions
1. Electoral commissions are state authorized bodies, which ensure exercising
and protection of voting rights of citizens. During the performance of
their authorities, electoral commissions are independent from state and
local self-governing bodies, political parties and nongovernmental organizations.
During the performance of their authorities, electoral commissions are
guided only by the Constitution and Laws.
2. Central and Marz electoral commissions function on permanent bases.
3. The decisions of electoral commissions, adopted within the framework
of their authorities, are binding.
Article 35: The System of Electoral Commissions
1. Elections in the Republic of Armenia are organized and held by:
1) The Central Electoral Commission;
2) Marz Electoral Commissions;
3) Precinct Electoral Commissions.
2. Five commissions with the status of a Marz Electoral Commission are
formed in Yerevan; each of them respectively includes the following Districts
of the city of Yerevan:
1) Avan, Nor Nork, Nork-Marash
2) Arabkir, Qanaqer-Zeytun
3) Davtashen, Ajapniak
4) Shengavit, Malatia-Sebastia
5) Erebuni, Nubarashen, Kentron
3. Three commissions with the status of a Marz Electoral Commission are
formed in Shirak and Lori Marzes. The Central Electoral Commission defines
the coverage area of each commission.
4. In Armavir, Ararat, Aragatsotn, Kotayk, Gegharkunik, Tavush and Syunik
Marzes are formed electoral commissions with the status of a Marz Electoral
Commission - two in each Marz.
5. One Marz Electoral Commission is formed in Vayots Dzor Marz.
6. The CEC defines the scope of services performed by Election Commissions
specified in items 2-4 of this Article.
Article 36: Status of Members of Electoral Commissions
1. Only citizens enjoying the voter right are eligible to become Electoral
Commission members.
Only citizens with University education and working experience of ate
least 5 years can become members of the CEC (Chairperson, Deputy Chairperson,
secretary) and Chairpersons, deputy Chairpersons and secretaries of Marz
Electoral Commissions.
2. Members of Central and Marz electoral commissions are exempt from military
call-ups and training exercises and in the period of the national elections
- from conscription.
3. Members of electoral commissions can be arrested or subjected to administrative
or criminal liability by court order, only upon the consent of the Central
Electoral Commission.
4. The Chairperson of the Central Electoral Commission, the Deputy Chairperson,
the Secretary and members work on a permanent basis and have no right
to perform other paid work, except for scientific, academic and creative
work.
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 participants of commission
sessions and get full answers.
6. Members of electoral commissions shall carry out the instructions of
the commission Chairperson, released within his/her authorities.
7. Members of the superior electoral commissions, upon the request of
the chairperson of the relevant commission, have the right to participate
in the session of a subordinate electoral commission with the right of
an advisory vote, and be present at the precinct center on the voting
day.
8. In the period of their activities, members of electoral commissions
can be free from fulfillment of their productive or service duties.
9. Salaries of electoral commissions members, as well as their staff are
covered from the means of the state budget. The salary of the Chairperson
of the Central Electoral Commission is equal to that of the Chairperson
of the Appeals Court. The salary of the Deputy Chairperson of the Central
Electoral Commission is equal to that of the Chairperson of the Appeals
Court Chamber. The salary of the Secretary of the Central Electoral Commission
is equal to that of a judge of the Appeals Court.
The sizes of salaries Chairmen, Deputy Chairmen, and members of Marz
Electoral Commissions should be defined by the Government.
During elections, a Chairperson of a Precinct Electoral Commission is
paid at the size equal to 15-folds of the minimum salary, Deputy Chairmen,
secretaries and members of PECs - 10-folds of the minimum salary.
CHAPTER 8. THE FORMATION OF ELECTORAL COMMISSIONS
Article 37: Principles for Formation of Electoral Commissions
1. Information on the composition of Electoral Commissions should be
publicized in accordance with the order established by the CEC.
2. A citizen can be included in the composition of only one electoral
commission.
3. Deputies of the National Assembly, members of the Constitutional Court,
judges, policemen, employees of the Ministry of Internal Affairs and National
Security, Ministry of Defense, customs and taxation departments, Prosecutor's
Office, proxies, observers, candidates, as well as employees of departments
of imperative court decisions.
Article 38: Procedure for Formation of the Central Electoral Commission
and the Procedure of Electing the Chairperson, the Deputy Chairperson
and the Secretary of the Commission
1. The Central Electoral Commission is composed of members appointed
by those parties, whose Party Lists, during Proportional elections, received
at least 5% of the amount comprised of the votes given to all parties
and candidates nominated through civic initiative and the number of inaccuracies.
2. In case the number of the parties (and/or coalition) that have the
right to appoint a member of the Central Electoral Commission is or more
than 9, each party (and/or coalition) appoints one member.
3. In case the number of the parties (and/or coalition) that have the
right to appoint a member of the Central Electoral Commission is less
than 9 but more than 4, each party (and/or coalition) appoints two members.
4. In case the number of the parties (and/or coalition) that have the
right to appoint a member of the Central Electoral Commission is less
than 4, each party (and/or coalition) appoints three members.
5. In case the number of the parties (and/or coalition) that have the
right to appoint a member of the Central Electoral Commission is less
than 2 each party (and/or coalition) appoints 5 members.
6. The parties appoint their members of the Central Electoral Commission
by the decision of its supreme body operating on permanent basis.
7. The alliances appoint their members of the Central Electoral Commission
by the decision of the faction formed in National Assembly.
8. The new Central Electoral Commission is composed and assumes the authority
not earlier than 100 and not late than 110 days after the elections of
the National Assembly.
9. The Chairperson of the operating Central Electoral Commission announces
the new composition of the CEC.
10. The Central Electoral Commission elects the new Chairperson, Deputy
Chairperson and Secretary at its first session. The first session of the
CEC commences at 12.00 p.m. at the last day of the CEC formation period
and may last unless the CEC Chairperson is elected, but not more than
3 days. Central Electoral Commission conducts its operation in the daytime
at the administrative building of the CEC. The elderly member of the Central
Electoral Commission chairs the first session.
11. The right to nominate candidatures for the position of the Chairman
of the Central Electoral Commission is reserved to the members of the
Central Electoral Commission.
12. In case one candidate runs for the position of the Chairman of the
Central Electoral Commission, he/she is deemed elected, if he/she has
received more than half of the votes cast.
13. If two candidates run for the position of the Chairman of the Central
Electoral Commission, the candidate, who receives more votes, is deemed
elected. If both candidates receive equal votes, new candidates are nominated
and new voting is cast.
14. If more than two candidates run for the position of the Chairman of
the Central Electoral Commission, and none of them receives more than
half of the votes cast, then the second phase of voting is held between
the candidates having received more votes. The candidate who receives
more votes is deemed elected. In the event of parity of votes, new candidates
are nominated and new voting is cast.
15. If Central Electoral Commission fails to elect Chairperson by the
destined procedure, the Government from among the members of the CEC within
three-day period appoints the Chairperson.
16. 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 within
5 days after the election (appointment) of the Chairperson of the CEC.
Article 39: Procedure for Formation of Marz Electoral Commissions and
Election of the Chairman, the Deputy Chairman and the Secretary of the
Commission
1. The Marz Electoral Commission is formed in compliance with the procedure
established for the formation of the Central Electoral Commission, after
the formation of the Central Electoral Commission - not later than within
one-month period, on the date established by the Central Electoral Commission.
2. The Marz Electoral Commission elects the Chairman, the Deputy Chairman,
and the Secretary of the Marz Electoral Commission, from among its members,
at the first session of the Marz Electoral Commission. The first session
of the Marz Electoral Commission commences on the first day of the formation
of the Marz Electoral Commission, at 12:00 p.m. and may last for up to
two days. The elderly member of the Marz Electoral Commission chairs the
first session.
3. The right to nominate candidatures for the position of the Chairman
of the Marz Electoral Commission is reserved to the members of the Marz
Electoral Commission.
4. In the event if the Chairman of the Marz Electoral Commission is not
elected pursuant to the established procedure and terms, the Government
appoints the Chairman of the Commission from among the members of the
Marz Electoral Commission within three days.
5. The Chairman, the Deputy Chairman, and the Secretary of the Marz Electoral
Commission are elected in compliance with the procedure established for
the election of the Chairman of the Central Electoral Commission. The
Deputy Chairman and the Secretary of the Marz Electoral Commission are
elected within five (5) days after the election (appointment) of the Chairman
of the Marz Electoral Commission.
Article 40: Procedure for Formation of Precinct Electoral Commissions
and Election of the Chairman, the Deputy Chairman, and the Secretary of
the Commission
1. The members of the Precinct Electoral Commission are appointed by
the members of the adequate Marz Electoral Commission according to "one
member appoints one member" principle.
2. The applications for the formation of Precinct Electoral Commission
in compliance with the above-mentioned principle should be presented to
the Chairperson of MEC not earlier than 58 (fifty-eight) and not later
than 55 (fifty-five) days before the elections.
3. If the PEC is not fully formed within the above-mention time procedure,
the Chairperson of the MEC appoints members for the vacant positions.
4. The Chairperson of Marz Electoral Commission convenes the first session
of the PEC at the next day of the formation of PEC, at 12p.m. The elderly
member of the Precinct Electoral Commission chairs the first session.
5. The Precinct Electoral Commission elects the Chairperson, the Deputy
Chairperson and the Secretary of the PEC at its first session from among
its members.
6. The elections of the Chairman, the Deputy Chairman, and the Secretary
of the Precinct Electoral Commission are held in the procedure established
for the election of the Chairman of the Central Electoral Commission,
within two-day period.
7. If the Precinct Electoral Commission fails to elect the Chairman within
the term established in Clause 6 of this Article, then the Chairman of
the respective Marz Electoral Commission appoints the Chairman of the
Precinct Electoral Commission from among its members, not later than five
days after the formation of Precinct Electoral Commissions.
Article 41: Procedure for Early Termination of Powers of the Chairman,
the Deputy Chairman, the Secretary and the Members of the Electoral Commission
1. The powers of the member (including the Chairman, the Deputy Chairman
and the Secretary) of an electoral commission may be early terminated:
1) based on his/her resignation letter;
2) he/she has lost his/her voting right;
3) on the ground envisaged in Article 42.10;
4) he/she is called up to the army;
5) in the event of his/her death;
6) in case he/she has been subjected to Administrative or Criminal punishment
7) by the decision of the party
8) by the decision of the National Assembly faction
9) by the decision of the member of MEC (who has appointed him/her)
2. The Chairman, the Deputy Chairman, and the Secretary of the Electoral
Commission may be removed from their positions by the decision adopted
by the majority of votes of the total number of Commission members. The
Chairman of an electoral commission may be removed from his/her position
not later than three days prior to the day of voting. New elections of
the Chairman of the Commission are held in the procedure prescribed in
this Code.
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.
Article 42: Organization of Activities of Electoral Commissions
1. Activities of the electoral commission are implemented based on the
principle of collegium.
2. Activities of the electoral commission are supervised by the Chairman
of the commission, or at 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. The Chief of the Personnel,
appointed by Commission, heads the works of the staff. A similar staff,
working on temporary basis, may be formed at the Marz Electoral Commission,
upon the consent of the Central Electoral Commission. The Central Electoral
Commission determines the pay-roll rates of the staff.
4. The Chairman of the electoral commission defines the timetable for
holding regular sessions.
5. The Chairman of the commission convenes extraordinary session on his/her
initiative or upon the written request of at least one-third of the commission
members, within the dates specified 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, hours, and minutes. The
Central Electoral Commission establishes the requirements for the registry,
as well as the procedure on filling out the register.
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 43: Procedure and Terms of Adjudication of Decisions, Actions
and Inaction of the Electoral Commission
1. For protection of their electoral rights, parties, non-governmental
organizations, legal entities and individuals may appeals decisions of
electoral commissions, including actions or inaction of the Chairman,
the Deputy Chairman and commission members (hereafter, the "commissions").
2. Decisions of the electoral commissions, including their actions and
inaction, may be appealed to:
a) the electoral commission that has accepted the statement of the appeal;
b) the superior electoral commission of the electoral commission that
has accepted the statement of the appeal;
c) the court.
3. Decisions of electoral commissions, including the action or inaction
of the electoral commission, can not be concurrently appealed to authorities
specified in Clause 2 (a, b, and c) of the present Article.
4. If decisions of electoral commissions, including the action or inaction
of the electoral commission are concurrently appealed to the superior
electoral commissions and the court, then such appeal is subject to court
review and termination of its concurrent review at the superior electoral
commission.
If the decision of the electoral commission is appealed to the electoral
commission that has accepted the statement of the appeal and its superior
commission, then such appeal is subject to review at the superior electoral
commission and termination of its concurrent review at the electoral commission
that has accepted the statement of the appeal.
5. If other terms are not specified by this Code, decisions, actions and
inaction of the electoral commission may be appealed_
During the election (from the day of designation of the voting day until
the official publication of election results) - within five days and
During the period between elections - within thirty days after the publication
of the decision, commitment of the action or detection of the legislative
violation caused in the result of inaction.
6. Decisions of the Precinct Electoral Commission on the voting results
may be appealed on the day following the voting day, until 14:00. The
superior electoral commission and the court issue a decision (verdict)
on such appeals before the final results of elections are summarized.
7. If otherwise is not established by this Code, during the elections
decisions on appeals are taken within 5 days after filing of the corresponding
appeal, and within 30 days - in the period between elections.
8. Notwithstanding decisions on rejecting, declaring invalid and void
registrations of a candidate, a party list, a candidate in the party list,
a candidate to NA Deputy nominated on civil initiative, and decisions
made on cases related to elections of self-government, the Court of first
instance issues final decisions.
The Court of Appeal issues decisions on appeals on rejecting, declaring
invalid and void the registration of candidate, party list, candidate
in the party list, candidate to NA Deputy nominated on civil initiative
- within 3 days after the filing of the appeal, and the Cassation Court
- within two days.
The Court of First Instance and the Court of Appeal issue decisions on
disputes related to local self-government election results within 10 days
after filing of the appeal, and the Cassation Court - within 5 days.
9. Applications filed on the voting day and within 5 days before the
voting day are reviewed and the decisions (verdict) are issued immediately.
Decisions of the Marz Electoral Commission on summarizing of the voting
results are appealed to the Central Electoral Commission.
10. The decisions, actions and inaction of the Central Electoral Commission,
with the exception of decisions on the results of elections of the President
of the Republic and the National Assembly, may be appealed to the Court.
11. Disputes over the election results, with the exception of those over
elections of the local self-governing bodies, are resolved by the Constitutional
Court.
12. Appeals to the Constitutional Court over the election results of the
President and National assembly may be submitted within seven days after
the official announcement of the results of the elections.
13. The day of the election at national level for the employees of courts
and the prosecutor's office and other election day for the relevant courts
ad prosecutor's offices is a working day.
CHAPTER 9. POWERS OF THE ELECTORAL COMMISSIONS
Article 44: 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 bylaw adopted by itself and has the status of a legal entity.
2. The Central Electoral Commission:
1) manages the state budget resources allocated for preparation and conduct
of elections, oversees the provision of electoral commissions with buildings,
furniture, other material and technical equipment;
2) adopts decision on the order of business for itself and inferior electoral
commissions;
3) oversees the equal application of this electoral Code;
4) oversees the ensuring of equal opportunities for mass media during
the election campaign;
5) establishes forms of ballots and other election documents, the procedures
of its' completion and shelving, provides the electoral commissions with
necessary election documentation;
6) ensures equal conditions for pre-election campaigning;
7) within its powers takes decisions, other normative acts, which are
mandatory for all state and local self-governing bodies, NGOs, parties,
institutions, enterprises and organizations, as well as for officials;
8) hears the reports of electoral commissions and relevant state bodies
on preparation and conduct of elections;
9) registers the elected candidate to the President of the Republic and
issues a certificate to him/her
10) organizes the publication biographical data of the nominated candidates
for the President of the Republic.
11) registers the parties and initiative groups nominating a candidate
for the President of the Republic;
12) registers Deputies elected to the National Assembly and issues them
a certificate of the Member of Parliament;
13) applies to the relevant competent state bodies in cases of violation
of this Code;
14) resolves other matters related to the enforcement of this Code;
15) establishes the procedure for organization of training, organizes
the training of the members of electoral commissions;
16) establishes the procedure for drawing a lot in electoral commissions;
17) establishes the order of business in connection with the pre-election
fund and the electoral deposit;
18) considers the filed applications and complaints;
19) exercises other powers envisaged by this Code.
3. After each national election, within a ninety-day period, the Chairman
of the Central Electoral Commission, or upon his/her request, one of the
members of the Central Electoral Commission makes a statement in the National
Assembly on the organization and conduct of elections. The procedure for
making a statement is established by the Law on "Regulations of the
National Assembly."
Article 45: Powers of the Marz Electoral Commissions
1. Marz Electoral Commission functions on a permanent basis, in accordance
with the procedure approved by the Central Electoral Commission and has
a status of a legal entity.
2. The Marz Electoral Commission:
1) organizes the training of the persons included in Precinct Electoral
Commissions;
2) manages the state budget resources allocated for the preparation and
conduct of elections,
3) in conformity with the procedure established by the Central Electoral
Commission determines the consecutive numbers of constituencies of precincts
and local self-governing bodies;
4) 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;
5) informs the Central Electoral Commissions on its own activity and that
of the Precinct Electoral Commissions;
6) considers the filed applications;
7) declares the day of elections to local self-governing bodies;
8) follows the compilation of voter lists by the community head and their
display in precincts for public inspection;
9) ensures the preparation of precinct centers, voting booths, ballot-boxes,
as well as other means required for voting;
10) accredits the representatives of mass media that have submitted applications;
11) registers and issues certificates to the candidates nominated for
the community head and council member;
12) summarizes the results of the elections of the community head and
council member;
13) issues certificates to the elected community heads and council members;
14) oversees the process of implementation of this Code by Precinct Electoral
Commissions;
15) applies to competent state bodies in the event of violation of this
code;
16) performs other powers envisaged by this Code.
Article 46: Powers of Precinct Electoral Commissions
1. The Precinct Electoral Commissions operate in compliance with the
procedure established by the Central Electoral Commission.
2. The Precinct Electoral Commission:
1) controls the state budget resources allocated for the preparation and
conduct of elections;
2) creates conditions for the free conduct of elections at the precinct,
3) applies to competent state bodies in the event of violation of this
Code;
4) implements other powers envisaged by this Code.
Article 47: Submission and Receipt of Election Documentation at Electoral
Commissions
1. Election documentation (ballot papers, forms, protocols, registers,
voter lists, hereinafter, "election documents") 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 Marz Electoral Commission, accompanied by the Chairman of the Precinct
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 is transferred from Marz 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 Armenia for preservation in the established procedure.
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 Marz Electoral Commission
submits them to the state archives of Armenia for preservation in the
established procedure.
Article 48: Cooperation between Electoral Commissions and the Law Enforcement
Bodies
National and regional bodies of the Armenian Police and National Security
Service, their services and subdivisions shall ensure natural course conduct
of elections, unhindered activity of electoral commissions and their members,
maintenance of due order during events related to elections, safe transfer
of election documents after the completion of elections, and upon the
commissions' request, assist the commissions.
SECTION 3. VOTING: SUMMARIZATION OF THE VOTING RESULTS
CHAPTER 10. ORGANIZATION OF THE VOTING
Article 49: The Venue and Time of the Voting
The voting is held at the precinct centers from 8:00 a.m. until 8:00
p.m. The citizens that are in the voting rooms at 8:00 p.m. but have not
voted yet, have the right to vote.
Article 50: Voting Rooms
1. Voting is organized in a specially furnished room at the precinct
center with a principle one precinct center-one room.
2. The voting room shout satisfy the following demands:
1) Providing the possibility for the simultaneous and regular operation
of all members of the precinct electoral commission, proxies, observers,
and mass media representatives;
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. Ensuring that working tables for the voters' registration and ballot
issuance, ballot stamping and monitoring are provided
4. Ensuring that ballot-boxes (for ballots and coupons) are located in
a place visible to the people who have the right to be present at the
voting procedure.
5.The Precinct Electoral Commission should display the specimen of completed
ballots on the display board or at the entrance of the room.
6. On the day of voting, the electoral lists of the parties shall be displayed
in a visible place at the precinct center.
7. The furnishing of the voting room should be completed at least twenty-four
hours before the voting starts.
Article: 51 Voting Booths
1. The voter completes the ballot inside the booth placed at the voting
room.
2. Booth shall be furnished in a way, so that the citizens can complete
the ballots privately from the persons present at the precinct center;
3. A table shall be installed in the voting booth with a pen on it. All
the booths should include same color (black or blue) pen;
4. The voting booth should have sufficiently lighting;
5. Booths are furnished for voting, at least one booth, or one room for
each 750 voters.
6. Voting booths should be situated between the tables for handing out
the ballot and the ballot-box.
Article 52: Ballots and Seals of Electoral Commissions
1. During the voting each citizen gets equal number of ballots.
2. The ballots should be printed on non- transparent paper.
3. Ballots consist of the main part and easily removing coupon.
Coupons are numbered from 0000001 up to exceeding the general amount
of the voters by 5 percent.
4. Each ballot's main part should contain a note on the procedure for
completing the ballot.
5. Ballots are issued not early than 9 days and not later than 3 days
prior to the voting.
6. During the elections at national level ballots can be printed in no
more than two publishing houses. An information about the place and time
of printing is announced by Public radio and Public TV, AR candidates,
parties and alliances participating in the elections, observers, mass
media representatives and a proxy from each candidate or party can be
present at the whole printing procedure. In case the printing lasts more
than a day, the relevant printing equipment should be sealed within the
procedure established by Central Electoral Commission and the proxies
present can put their signatures on it.
7. Ballots are submitted to the Precinct Electoral Commissions on the
day prior to the voting day, at the quantity up to exceeding the number
of voters registered in the given precinct by 5 percent.
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 voting day hands them out to Marz Electoral Commissions,
counting solely the number of the seals given away, on the principle of
one precinct - one seal.
11. The parcels are wrapped extra and sealed in the Marz Electoral Commission
with the procedure established by the Central Electoral Commission. On
the day prior to the day of voting, the Marz Electoral Commission gives
the parcels to the Chairmen of Precinct Electoral Commissions, one packed
seal to each.
At the Precinct Electoral Commission the parcel is wrapped extra and
sealed with the procedure established by CEC. Every member of the Precinct
Electoral Commission has a right to put his/her signature on it.
12. Not earlier than within five and not later than within seven days
after the day of voting, the Precinct and Marz Electoral Commissions eliminate
the seals, according to the procedure established by the Central Electoral
Commission.
Article 53: Preparation for Voting
On the day prior to the voting day, the Precinct Electoral Commission
selects at its session by drawing a lot, the three members in charge of
signing the ballots, who should sign all the ballots until 22:00 p.m.
(the signatures are put on the back side of the ballot). Any other member
of the commission can sign all the ballots within the time schedule, if
wishes. The signed ballots and the seal of the commission are kept in
a special fireproof safe. Central Electoral Commission determines the
procedure of preservation of ballots and seals.
Article 54: Organization of Voting in Diplomatic and Consular Missions
1. Citizens of the Republic of Armenia having the right to vote, who
live or are in the foreign countries, can participate in the elections
of the President of the Republic and the National Assembly, at Diplomatic
or Consular Missions of the Republic of Armenia. Seven days prior to the
voting day, the Central Electoral Commission forwards to Diplomatic or
Consular Missions of the Republic of Armenia, via the Ministry of Foreign
Affairs, data on the registered candidates for the President of the Republic
and lists of candidates nominated by parties, specimens of ballots and
other electoral documents.
2. The head of the Diplomatic or Consular Mission ensures the preparation
of ballots, in conformity with the requirements of this Code.
3. The head of the Diplomatic or Consular Mission of the Republic of Armenia,
according to the procedure established by this Code and the Central Electoral
Commission, prepares, organizes and conducts the elections, summarizes
the voting results, compiles a protocol, and immediately officially forwards
the data to the Central Electoral Commission. That protocol, together
with the electoral documentation is sealed and forwarded by a special
pouch to the Central Electoral Commission.
Article 55: 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 Central Electoral Commission establishes
the procedure for participation of arrested citizens in the elections.
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 11. VOTING PROCEDURE
Article 56: Beginning of the Voting
1. 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 and marking voters
hand with an indelible color (one member per each 1000 voters), the a
member for overseeing the ballots, and the one 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.
2. By the lot cast among the proxies present at the session Precinct Electoral
Commission decides two proxies to monitor two members of the commission
in implementing the registration of the voters, one proxy to monitor the
members of the commission in charge with sealing the ballots and one proxy
to monitor the member of the commission in charge with monitoring the
ballot box.
During the voting, but not earlier than after three hours with a demand
of a proxy a new lot cast is carried out. The results of the lot cast
are registered in the register of the secretariat.
One proxy of a candidate or party takes part in the lot cast. The absence
of proxies at the relevant precinct is not an obstacle for the voting
procedure.
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 the entirety
of the stamps made by Central Electoral Commission, Marz Electoral Commission
and Precinct Electoral Commission, puts a specimen of the seal on the
commission's register 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 57: Access to the Precinct Center
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. After having voted, the voter should promptly leave the precinct center.
3. 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 58: Registration of Voters
1. Every voter having arrived for voting is registered in the list maintained
by the commission member responsible for registration.
2. The commission member responsible for registration of voters verifies
the absence of the indelible mark on his/her hand and the proxy decided
by the procedure described in Article 53 ascertains in the fact, 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.
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. The passport, the documents replacing the passport, the military certificate
for the military officers and servicemen, and for other militaries - the
military document, are identification documents.
Article 59: Handing out the ballots, marking the hand of the voters,
stamping the ballot
1. Immediately after the registration, the member of the commission responsible
for allocation of the ballots to the voters makes an indelible mark on
the hand of the voter, hands the ballot out to the voter.
2. The member of the commission responsible for sealing the ballots seals
them verifying the fact that the voter is registered in the relevant precinct
and the proxy decided by the procedure described in the Article 53 gets
ascertained in its accuracy. The seal is put on the right corner opposite
side of the ballot. It should not to cross the signatures of the members
of the commission and should not come out of the limits of the ballot.
3. The voter completes the ballot in privacy in the voting booth. The
presence of any other person in the voting booth 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. After having voted in at least
fifty meters distance from the precinct, the voter can declare, how he/
she has voted.
Article 60: Procedure for marking the Ballot and Casting it into the
Ballot Box
1. The voter makes V 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.
4. The voter comes out of the voting booth with the four-folded ballot,
so without violating the principle of privacy the seal as well as the
signatures of the members of the commission are still visible, In the
presence of the commission member responsible for the ballots cuts the
coupon off the ballot and hands the coupon and identification over the
commission member. The latter verifies the identification document, the
number of the coupon, the presence of the indelible mark on the hand of
the voter, without taking the ballot the existence of the seal and the
signatures of the commission and commission members and the proxy decided
by the procedure described in the Article 53 becomes ascertained. After
this the member of the commission responsible for the ballots opens the
ballot box slot enabling the voter to drop the ballot in the ballot box
and himself/herself drops the coupon in the coupon box.
5. During the voting, all cases of violation of the voting procedure established
by this Code, upon the request of one members of the commission or one
proxies, as well as all the decisions of the Precinct Electoral Commission
are recorded in the register.
CHAPTER 12. SUMMARIZATION OF THE ELECTION RESULTS,
PROCEDURE FOR DETERMINING THE INACCURACIES
Article 61: Invalid Ballots
1. The following are invalid:
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, with the exception of ballots
for elections of the National Assembly, ballots containing marks other
than those defined in Article 60.1 of this Code, 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;
2) unsealed and unsigned ballots;
3) ballots containing no marks.
2. The electoral commission settles the matter of disputable ballots by
means of voting.
Article 62: 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.
Article 63: Procedure for Summarization of the Results of Voting and
Determining 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 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) three proxies are decided by drawing a lot, who should sit next to
the Chairman of the commission and monitor the activities carried out
by the commission.
2) unused ballots, wrongly marked by voters ballots and returned ballots
are counted, cancelled in the defined procedure established by the Central
Electoral Commission, and sealed;
3) the total number of voters is counted based on voter lists;
4) 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;
5) the mobile box for the coupons is opened. The coupons are numbered.
The main box for the coupons is opened and the coupons from the mobile
box are dropped into. The total number of coupons is counted and sealed
with the procedure established by CEC.
6) the mobile box for the ballots is opened. The ballots are numbered,
the main ballot box is opened and the ballots from the mobile box are
added to them. The total number of the ballots is counted and sealed with
the procedure established by CEC.
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 passes 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. Upon demand of one of the proxies decided
by the lot cast Chairman without giving the ballot to the proxy gives
him/her an opportunity to have a look on the ballot. 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). All the votes given to
the party candidates included in the party list is considered to be the
general amount of the voted given to the party at the relevant precinct.
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. 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) compares the numbers of signatures with the numbers of the coupons
in the box. The difference with an absolute number is noted as the amount
of third inaccuracy.
4) the amounts of inaccuracies mentioned in Sub-Clauses 1, 2, 3 of this
point are added. The total is the amount of inaccuracies at that precinct.
5. Each activity envisaged in Clauses 1 and 3 of this Article is carried
out in the specified sequence, and each action is carried out after the
completion of the previous one and after making appropriate records in
the register.
Article 64: 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) (During the
elections of the National Assembly, the number of votes cast for each
candidate in the electoral list of party is specified, too).
11) The general amount of the votes given to the candidates (parties).
2. The figures, that are counted and registered in the protocol, are declared
loudly.
3. The members of the commission attending the session sign the protocols;
the Chairman of the commission seals the protocol. If any member of the
commission has a special opinion on the data of the protocol, he/she makes
a "special opinion" 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 Marz Electoral Commission,
being accompanied by police officers and proxies.
Article 65: Procedure for Summarization of Election Results at the Marz
Electoral Commissions
1. Based on the summarization protocols of Precinct Electoral Commissions,
the Marz Electoral Commission summarizes the preliminary results of the
elections in the region, the number of votes cast for each candidate (parties
participating in the elections of the National Assembly) in the region,
the total turnout, and the amount of inaccuracies.
2. Not later than within 22 hours after the completion of voting, the
preliminary results of elections according to all the relevant precinct
are recorded, declared by the Chairman of the Marz 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 Marz Electoral Commission on the
results of voting in the precincts - within five days, the Marz 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 total number of the coupons in the boxes;
9) the number of the ballots cast against all candidates (parties);
10) the number of votes cast for each of the candidate (party) [During
the elections of the National Assembly, the number of votes cast for each
candidate in the electoral list of party is specified, too];
11) the total number of votes cast for candidates;
12) the amount of inaccuracies.
4. The voting results according to the relevant precincts are composed
in a chart and attached to the summarization protocol.
5. The members of the commission attending the session sign the summarization
protocols of the election in the Region; the Chairman of the commission
seals the protocol. If any member of the commission has a special opinion
on the data of the protocol, he/she makes a remark "special opinion"
next to his/her signature and submits his/her written opinion, which is
attached to the protocol.
6. If a member of the commission refuses to sign the protocol, then a
protocol should be produced thereof, which shall be attached final summarization
protocol of voting results in the Region. The members of the commission
attending the session sign the summarization protocol; the Chairman of
the commission seals the protocol.
7. The results of elections in the region are made public, and the Chairman
of the Marz Electoral Commission submits one copy of the relevant protocol
together with all the election documentation left in the Marz Electoral
Commission to the Central Electoral Commission.
8. Upon the request of the proxy of a candidate or an observer, he/she
is furnished with a copy of the summarization protocol of the elections
and chart including the result of the relevant precinct separately in
the Region ratified by the signature of the Chairman of the commission
or the Secretary and the seal of the commission.
9. During national elections the Marz 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 the commission member who has submitted
a special opinion, one-third of Marz Electoral Commission members or the
proxy of the candidate (party), the Marz Electoral Commission verifies
the conformity of the precinct summarization protocols of the relevant
precinct with the factual results of the elections. The authors of relevant
special opinion, the Chairman, and proxies of the candidates (the parties)
have the right to participate in verifications.
Article 66: Procedure for the Summarization of the Election Results at
the Central Electoral Commission
1. Based on the preliminary election results received from the Marz Electoral
Commissions, the Central Electoral Commission, not later than 28 hours
after the completion of voting, announces preliminary election results,
the number of votes cast for each candidate (party), the total number
of the voters and the amount of inaccuracies.
2. The Central Electoral Commission 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 Marz Electoral Commission on the results of voting in the precincts
- within five days, draws up 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 total number of the coupons in the boxes;
9) the number of the ballots cast against all candidates (parties);
10) the number of votes cast for each of the candidate (party); [During
the elections of the National Assembly, the number of votes cast for each
candidate in the electoral list of party is specified, too];
11) the total number of votes cast for candidates;
12) the amount of inaccuracies.
3. The protocol is signed by the members of the commission attending the
session; it is sealed by the Chairman of the commission.
4. If any member of the commission has a special opinion on the data of
the protocol, he/she makes a remark "special opinion" next to
his/her signature and submits his/her written opinion, which is attached
to the protocol.
5. If any member of the commission refuses to sign the protocol, a note
thereof is made in the protocol.
6. Upon the request of the proxy of a candidate (party) or an observer,
he/she is furnished 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.
7. The preliminary summarization protocols of the elections of the President
of the Republic and elections to the National Assembly are compiled within
two hours after the summarization preliminary voting results.
8. 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. 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. ELECTIONS OF THE PRESIDENT OF THE REPUBLIC, ELECTIONS TO THE
NATIONAL ASSEMBLY AND ELECTIONS OF THE LOCAL SELF-GOVERNMENT BODIES
SECTION 4. ELECTIONS OF THE PRESIDENT OF THE REPUBLIC OF ARMENIA
CHAPTER 13. GENERAL PROVISIONS
Article 67: The Electoral System
1. During the elections of the President of the Republic, the entire
territory of the Republic of Armenia is considered as a single majority
constituency.
2. The President of the Republic is elected by an absolute majority system,
and in the second round - by a relative majority system.
Article 68: Requirements for Candidate of the President of the Republic
1. In accordance with Article 50 of the Constitution of the Republic
of Armenia, anyone, who has attained the age of thirty-five years, has
been a citizen of the Republic of Armenia for the last ten years, has
been a permanent resident of the Republic of Armenia for the last ten
years and has the right to vote may be elected as the President of the
Republic.
2. The same person cannot be elected to the office of the President of
the Republic for more than two successive terms.
CHAPTER 14. NOMINATION AND REGISTRATION OF THE CANDIDATE
FOR THE PRESIDENT OF THE REPUBLIC
Article 69: The Right to Nominate a Candidate for the President of the
Republic
In the procedure established by Articles 70-71 of this Code, parties
and citizens have the right to nominate a candidate for the President
of the Republic.
Article 70: 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 supporting 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 decision of
the permanently functioning body of the party.
6. The party alliance is registered with 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 on the nominated candidate:
1) the family name and the first name;
2) the year, month and date of birth;
3) the place of residence;
4) the place of work and position (occupation);
5) the party affiliation;
6) the passport number;
8. Together with the submission of the party's decision on the nomination
of a candidate for the President of the Republic, the following are filed
with the Central Electoral Commission:
1) a reference stating that the candidate nominated for the President
of the Republic has been a citizen of the Republic of Armenia for the
last ten years;
2) a reference stating that the candidate nominated for the President
of the Republic has permanently lived in the Republic of Armenia for the
last ten years;
3) a written statement of the candidate nominated for the President of
the Republic on his/her consent to be registered as a candidate to the
President of the Republic;
4) the charter of the party, which has nominated a candidate for the President
of the Republic (in the event of the party alliance - the charters of
all parties in the alliance).
The references specified in Sub-clauses 2 and 3 of this Article are issued
to the candidate nominated for the President of the Republic by the state
authorized body in the procedure established by the Central Electoral
Commission, not later than within three-day period after the submission
of an application.
9. The permanently functioning supreme body of a party submits to the
Central Electoral Commission data of two plenipotentiary representatives
for registration (the family name, first name, date of birth, passport
number, place of work and position/occupation).
10. The party shall file the documents on the nomination of a candidate
for the President of the Republic and data on plenipotentiary representatives
with the Central Electoral Commission within the term established in Article
90.1 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, 50 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 produced.
In case inaccuracy and false is detected in the documents provided for
the nomination of the candidate for the President, the Central Electoral
Commission refuses with its decision to issue the official papers supporting
the nomination.
Article 71: Nomination of the Candidate for the President of the Republic
of Armenia by Civic Initiative
1. At least 50 citizens of the Republic of Armenia can form an initiative
group for the nomination of a candidate for the President of the Republic.
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 69.9
of this Code and the letters of authorization, as established by the law.
3. The decision of the meeting of the initiative group should contain
the data about the nomination for the candidate for the President of the
Republic, mentioned in point seven of Article 69.7 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.
The decision of the initiative group is not subjected to notary verification.
4. Within five days the Central Electoral Commission ascertains the validity
of the presented documents and hands over 50 official papers for supporting
the nomination to the President of RA to the party's (party alliance)
representatives registered in the Central Electoral Commission. Regarding
the issuance of the official papers for supporting the nomination a protocol
is complied.
In case of detecting inaccuracy and falsity Central Electoral Commission
with its decision refuses the issuance of the official papers for supporting
the nomination.
5. Each initiative group has the right to nominate one candidate for
the President of the Republic.
Article 72: 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 should contain the family name, first name,
year, month, and date of birth, the 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
the 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. 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 signatures - issuing them a certificate.
6. Every citizen personally signs in the official paper of support.
7. For the purpose of collecting signatures, it is prohibited to visit
the work offices, to use (independent from the type of property) administrative
tools, as well as force the citizen to sign, give (promise), personally
or otherwise, money, bonds, food, and goods or render (promise) services
to citizens free of charge, to provide false information about the candidate.
Article 73: 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 lacking the
right to vote, as well as the ones acquired in a way described in Article
72.7 of this Code.
3. The Central Electoral Commission verifies the validity of signatures
by a three 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 three 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.
4. 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 74: 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
with the Central Bank of the Republic of Armenia, in the amount of 2,500-folds
of the minimum salary, established by the legislation of the Republic
of Armenia, (hereinafter, "the established salary). In the event
of receiving five per cent and more of the votes cast for the candidates,
the sum of the electoral deposit is returned within thirty days after
the election results are summarized.
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 case of recognizing the election as not held on the ground specified
in Article 88.1, the sum of the electoral deposit is transferred to the
state budget, and in all other remaining cases - the electoral deposit
is returned to the candidate.
4. In case of rejection to register the candidate for the President of
the Republic, recognizing the registration void, the electoral deposit
of the candidate is transferred to the state budget.
5. In the event of the death of the candidate for the President of the
Republic, the amount of his/her electoral deposit is returned to his/her
heirs.
In case of recognizing the registration of the candidate for the President
of the Republic void on other grounds, the sum of the electoral deposit
of the candidate is transferred to the state budget.
Article 75: Registration of the Candidate Nominated for the President
of the Republic
1. Each candidate nominated for the President of the Republic 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 Article 90, 1 and 3, of this Code the following documents have been
submitted:
1) official paper, containing at least 35,000 valid signatures, for the
support of nomination filled out in the procedure established by Article
71 of this Code;
2) the electoral deposit payment receipt issued in the name of the citizen
nominated to run in Presidential elections.
3. After the Central Electoral Commission files all the documents required
for the registration of the candidate for the President of the Republic
and until his/her registration, the nominee or the plenipotentiary representative
of the party/initiative group is entitled to attend the session of the
Central Electoral Commission, with an advisory vote.
4. The Central Electoral Commission publishes the communiqué on
the registration of the candidate for the President of the Republic within
three-day period.
5. Within 5 days after being registered the candidate represents a statement
on his/her and his/her family members property and income during the last
year to the Central Electoral Commission, which is published in "Republic
of Armenia" newspaper.
Article 76: 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 envisaged 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 nomination and 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 deemed
registered.
Article 77: Recognizing the Registration of the Candidate Nominated for
the President of the Republic as Invalid
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 detected, by the power of which
1) restrictions established by this Code extend onto the candidate;
2) the documents submitted for nomination or registration of the candidate
are falsified.
Article 78. Recognizing the Registration of the Candidate Nominated for
the President of the Republic as Void
The registration of the candidate for the President of the Republic is
recognized void, if he/she:
1) has lost his/her voting right;
2) has submitted an application on self-withdrawal;
3) has died;
4) has violated the requirement defined in Article 19.8 of this Code;
5) has violated the requirement defined in Article 26.8 of this Code
CHAPTER 15. THE STATUS OF CANDIDATE NOMINATED FOR THE PRESIDENT OF THE
REPUBLIC
Article 79: Equality of the Candidates for the President of the Republic
Candidates nominated for the President of the Republic have equal status
rights and responsibilities arising from the status of a candidate for
the President of the Republic.
Article 80: 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 work in the positions of The Speaker of National Assembly,
The Deputy Speaker, Prime Minister, minister or other political or civil
office, as well as local self-governing bodies, are dismissed from the
performance of their professional duties until the official declaration
of the results of the elections, 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 should not use the advantage
of their office.
2. The person registered as a candidate for the President of the Republic
should be released from military call-ups and training exercises.
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.
4. The candidate of the President of the Republic does not have a right
to withdraw hi/her candidature, except in the event of impossibility of
conducting a pre-election campaign because of an ongoing disability. With
this background, the candidate for the President of the Republic has the
right to withdraw his candidature until ten days prior to the day of voting.
In such case, the Central Electoral Commission declares the registration
of that candidate void. The candidate will reimburse all expenses made
by the state to finance his nomination and election campaign.
5. Candidates for the President of the Republic cannot be arrested, 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 the commission members.
CHAPTER 16. PRE-ELECTION CAMPAIGN OF THE CANDIDATE
FOR THE PRESIDENT OF THE REPUBLIC
Article 81: Pre-Election Campaign of the Candidate nominated for the
President of the Republic
1. The Central Electoral Commission ensures equal opportunities for candidates
for the President of the Republic to use free of charge and paid live
airtime on public TV and radio.
2. The free of charge and paid pre-election campaign of the candidates
for the President of the Republic on public TV and radio is carried out
in the procedure and schedule established by the Central Electoral Commission.
The schedule for free of charge and paid pre-election campaign of the
candidates for the President of the Republic on public TV and radio is
determined through a lot cast by the Central Electoral Commission.
3. A candidate nominated to run for the President of the Republic has
the right to use not more than 80 minutes of free airtime on public TV
and not more than 120 minutes of free airtime on public radio.
4. The candidate nominated for the President of the Republic or, upon
his/her consent, the party or initiative group that has nominated him/her,
have the right to use paid airtime on public TV for less than 180 minutes,
and on public radio - for less than 240 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/her, can also use
the airing time.
6. The Central Electoral Commission reimburses the candidates, who have
received 25 and more per cent of the votes cast in the elections, fifty
per cent of the costs made during the pre-election campaign, from its
means allocated for organization and conduct of elections.
Article 82: The Pre-Election Fund of the Candidate for the President
of the Republic
1. For the implementation of pre-election campaign, the candidate for
the President of the Republic can set up a pre-election fund formed from
voluntary contributions as defined in Article 26 of this Code with the
Central Bank of the Republic of Armenia on his/her own name or on the
name of his/her plenipotentiary representative.
2. The amount of the personal contributions of the candidate to the pre-election
fund should not exceed the 10,000-folds of the minimum salary.
3. The amount of the contributions by the party to the pre-election fund,
which has nominated the candidate, should not exceed the 30,000-folds
of the minimum salary.
4. The amount of expenditures by the candidates from their pre-election
funds shall not exceed the 60,000-folds of the minimum salary.
5. Each physical person can pay voluntary contributions in the amount
of up to 200-folds of the minimum salary, and each legal person - up to
500-folds of the minimum salary.
6. After the official publication of the election results, the funds left
in the pre-election fund are transferred, at the discretion of the candidate,
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. If the elections are recognized as not held on the ground specified
in Article 88.1, the sum left in the pre-election fund of the candidate
is transferred to the state budget, on all other remaining grounds - the
sum is paid back.
8. In the event of recognizing the registration of the candidate for President
of the Republic as invalid, the sum of the pre-election fund of the candidate
is transferred to the state budget.
9. In the event of the death of the candidate for President of the Republic,
the sum of the pre-election fund of the candidate is transferred to his/her
heirs.
In the event of recognizing the registration of the candidate for President
of the Republic as void on other grounds, the sum of the pre-election
fund of the candidate is transferred to the state budget.
CHAPTER 17. BALLOTS: SUMMARIZATION OF THE ELECTION RESULTS
Article 83: Ballots
1. Family name(s) of candidate(s) 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.
In the event two candidates have the same name and family name, the patronymic
name of the candidates are added.
2. The ballots for the elections of the President of the Republic are
printed and prepared by the order of the Central Electoral Commission.
Article 84: 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
65 of this Code summarizes the election results, and issues 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 the
President of the Republic;
4) on recognizing the election as not held and on the non-election of
President of the Republic.
2. 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 promulgation of the results.
Article 85: 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 the election
of such candidate to President of the Republic, 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.
3. In the second round, the candidate who has received more votes is deemed
elected.
4. In the event of one candidate running in the second round, he/she is
deemed elected, if he/she has received more than half of the votes cast.
Article 86: The Decision of the Central Electoral Commission on Conducting
the Second Round of 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 held with the participation of such two candidates
who have received more votes.
2. If one of the candidates running for the second round withdraws his/her
candidature, the next candidate, who has received more votes in the first
round participates in the second round, and if there is no such candidate,
then one candidate is voted in the second round.
Article 87: Decision of the Central Electoral Commission on Recognizing
the Election of the President of the Republic as Invalid
1. 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 significant impacts on the election results, i.e. it is
impossible to restore the actual election results and determine the elected
candidate;
2) during the preparation and conduct of the elections such violations
of this Code had taken place, which influenced the result of the election
and made it impossible to determine the elected candidate.
2. On the fourteenth day after issuing a decision on recognizing the elections
of the President of the Republic as invalid, re-elections should be held
pursuant to the procedure established by this Code and with the same composition
of candidates.
Article 88: 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;
3) two candidates have received the top equal number of votes;
4) the result of re-elections held pursuant to the procedure defined in
Article 87.2 are recognized invalid.
CHAPTER 18. CONDUCTING THE ELECTIONS OF THE PRESIDENT OF THE REPUBLIC
Article 89: Time frames for Conducting Elections of the President of
the Republic and assuming the Office
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 public statement
on the day of the election of the President of the Republic on public
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.
4. The President elected in the result of new or extraordinary elections
assumes the Office within ten days after the summarization of the election
results.
Within 10 days after summarization of election results the RA President
elected through new or by-elections undertakes his responsibilities.
Article 90: 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 documents required for registration of a candidate should be filed
with the Central Electoral Commission not earlier than 70 and not later
than 50 days prior to the Election Day.
3. The registration of the candidates is done not earlier than 50 and
not later than 35 days prior to the Election Day.
4. If within terms established by this Article, the required candidate
nomination or registration documents of only one candidate are filed with
the Central Electoral Commission, then the deadline for nomination and
registration of candidates is extended for five days.
Article 91: New Election of the President of the Republic
1. If the President of the Republic is not elected pursuant to cases
envisaged by Articles 88 of this Code, on the fortieth day after the voting
a new election is conducted.
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 eliminated 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.
4. The new election of the President of the Republic is held with new
nomination of candidates.
Article 92: 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 93: 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. When holding new and extraordinary elections of the President of the
Republic, at least 15,000 signatures are collected in support of the nomination.
For that purpose, 40 official papers for the support of the nomination
are allocated.
3. The Chairman of the Central Electoral Commission makes a public statement
about the day of the new and extraordinary elections of the President
of the Republic, on public TV and radio not later than 39 days prior to
the voting day.
Article 94: Nomination and Registration of Candidates for the President
of the Republic, Formation of Electoral Precincts and Precinct Centers,
Publication of Voter Lists during the New and 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 voting day, until 6:00 p.m.
2. Documents required for the registration of a candidate is handed over
the Central Electoral Commission not earlier than 28 and not later than
20 days prior to the election day, until 6:00 p.m.
3. The registration of the candidates is performed not earlier than 20
and not later than 12 days prior to the voting day.
4. Electoral precincts and precinct centers are formed at least 25 days
prior to the voting 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 5. ELECTIONS TO THE NATIONAL ASSEMBLY
CHAPTER 19. GENERAL PROVISIONS
Article 95: 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 96: The Electoral System
1. Elections to the National Assembly are held by proportional systems.
2. The entire territory of the Republic of Armenia is considered as one
multi-mandate territory.
Article 97: The Electoral Right
1. Each citizen has the right to one vote.
2. During National Assembly Elections candidates may be nominated either
through party (coalition) lists or civil initiative. Each citizen can
be nominated only through one party (coalition) list.
3. A candidate nominated by a civil initiative cannot be nominated by
the electoral list of any party (coalition).
Article 98: 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 permanently resided
in the Republic of Armenia for the last five years and has the right to
vote, can be elected a Deputy.
2. Persons, who are in term military service, may not be nominated as
candidates for the deputy to the National Assembly.
3. Members of the Constitutional Court, judges, Ministers, employees (civil
servants) of the Ministry of Internal Affairs and National Security, tax
inspection, customs department, the prosecutor's office and the military
cannot be nominated as candidates for deputy to the National Assembly.
The above-mentioned persons can be registered as candidates for the deputy
to the National Assembly after they resign from the positions they are
holding.
CHAPTER 20. NOMINATION AND REGISTRATION OF CANDIDATES FOR DEPUTIES
Article 99: The Right to Nominate a Candidate for Deputy
1. Candidates for Deputies to the National Assembly are nominated:
1) through party lists;
2) through nomination of his/her own candidacy by civil initiative.
2. Parties and party alliances have the right to nominate candidates for
deputies to the National Assembly in the procedure defined by 1(1) of
this Article. Nomination of candidates for deputies to the National Assembly
in the procedure defined by 1(2) of this Article is reserved to at least
50 citizens vested with voting right, by civil initiative.
3. Party alliances can be set up in the event if at least two parties
form a pre-electoral union.
4. In the period of 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 joint decision
of the member parties signed by chiefs of the permanently functioning
body of parties or the authorized persons.
7. Alliance of the parties is registered by the Central Electoral Commission
not later than three days after submitting the joint decision of the parties'
permanently functioning bodies.
8. Lists of the party alliances are compiled from the separate lists presented
by the each of the parties within the alliance.
9. In the event of withdrawal of a party from the party alliance, the
names of candidates submitted by those parties are withdrawn from the
party alliance list.
Article 100: Nomination of Candidates for Deputies to the National Assembly
1. Parties submit application to the Central Electoral Commission on
nomination of a party list for running in elections of the National Assembly,
upon the decision of their permanently functioning body.
2. Each party has the right to nominate only one party list. The party
within a party alliance has no right to nominate a separate list of candidates
on its own behalf.
3. The application of a party on running in the elections of the National
Assembly shall include:
1) the party charter (in the event of the party alliance - the charters
of al the parties in the alliance), the document on the name of the alliance;
2) the decision of the permanently functioning body of the party on the
nomination of their party list for running in the elections of the National
Assembly, the list of the candidates nominated by the party list, which
includes the following data on the nominated candidates:
a) the family name and the first name;
b) the date of birth /year/month/day/;
c) the place of registered residence,
d) the place of work and position (occupation);
e) the party affiliation;
f) the passport number
4. Together with the decision on nomination of party list for running
in the elections of the National Assembly, the following documentation
should be filed with the Central Electoral Commission:
1) a reference stating that the citizen nominated as a candidate has been
a citizen of the Republic of Armenia for the last five years;
2) a reference stating that the citizen nominated as candidate has permanently
resided in the Republic of Armenia for the last five years;
3) a written statement of the candidate on his/her consent for being registered
as candidates for deputy;
4) References specified in (1) and (2) of this Clause are issued to the
citizen nominated as candidate by the state authorized body, pursuant
to the procedure established by the Central Electoral Commission, within
three days after applying for such references.
5) separate party lists presented by the parties within the alliance.
5. For the registration with the Central Electoral Commission, the permanently
functioning body of a party submits the data of up to two plenipotentiary
representatives (family name, first name, date of birth, passport number,
place of work and position/ occupation).
6. Ascertaining the validity of the submitted documents, the Central Electoral
Commission at its session within five days decides to issue 50 official
papers for the support of nomination to the party, in the person of its
plenipotentiary representatives registered in the Central Electoral Commission.
A protocol is prepared for the procedure of allocation of the official
papers for the support of nomination to the party plenipotentiary representatives.
In case Central Electoral Commission detects inaccuracy in the documentation
submitted by the parties and alliances, the Central Electoral Commission
refuses the request of the allocation of the support papers of the nomination.
7. If a party within an alliance has refused to be registered, its representatives
shall be withdrawn from the general list.
8. The procedure for collecting signatures in the official papers supporting
the nomination of parties that have submitted application on participation
in the elections of the National Assembly, and the verification of validity
is carried out according to the procedure set forth in Articles 72-73
of this Code.
Article 101: Nomination of Candidates through Civic Initiative
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.
2. The initiative group applies in writing to the Central Electoral Commission
with a request for registration, and apart from the application, submits
the decision of the meeting of the initiative group on nomination of the
candidate for the deputy to the National Assembly, as well as data on
the two plenipotentiary representatives of the initiative group specified
in Article 70.9 of this Code.
3. The decision of the meeting of the initiative group shall contain the
family names, first names, dates of birth, documents identification numbers,
place of residence, addresses and signatures of the members of the initiative
group
4. After submitting the necessary documents to the Central Electoral Commission,
the plenipotentiary representatives of the initiative group will be given
50 official papers for support of the nomination of candidate, in compliance
with the procedure determined by the Code.
5. The application (decision) of the initiative group on the nomination
of the candidate for the deputy of the National Assembly shall include
the following data on the nominated candidate:
1) the family name and the first name;
2) the date of birth /year, month and day/;
3) the place of registered residence;
4) the place of work and position (occupation);
5) the party affiliation;
6) declaration about his/her ownership (property) and his/her and his/her
family members' income for the last one year;
7) the passport number.
6. Together with the decisions of the initiative group on the nomination
of the candidate for the deputy of the National Assembly, the following
shall be submitted to the Central Electoral Commission:
1) a reference stating that the citizen nominated as a candidate has been
a citizen of the Republic of Armenia for the last five years;
2) a reference stating that the citizen nominated as candidate has permanently
resided in the Republic of Armenia for the last five years;
3) a written statement of the candidate on his/her consent for being registered
as candidates for deputy.
7. References specified in (1) and (2) of this Clause are issued to the
citizen nominated as candidate by the state authorized body, pursuant
to the procedure established by the Central Electoral Commission, within
three days after applying for such references
Ascertaining the validity of the submitted documents, the Central Electoral
Commission at its session decides to issue 50 official papers for the
support of nomination by the initiative group, in the person of its plenipotentiary
representatives registered with the Central Electoral Commission. A protocol
is prepared for the procedure of allocation of the official papers for
the support of nomination to the party plenipotentiary representatives.
In case Central Electoral Commission detects inaccuracy in the documentation
submitted by the parties and alliances, the Central Electoral Commission
refuses the request of the allocation of the support papers of the nomination.
8. The procedure for collecting signatures in the official papers supporting
the nomination of candidates by the initiative group and the verification
of validity is carried out according to the procedure set forth in Articles
72-73 of this Code.
9. The candidate submits the specified document to the Central Electoral
Commission in person or through his/her plenipotentiary representative.
Article 102: Election Deposit of Parties participating in the Elections
to the National Assembly and Candidates nominated by Civic Initiative
1. Parties participating in the elections to the National Assembly and
candidates nominated by civil initiative make an electoral deposit to
the account of the Central Electoral Commission opened with the Central
Bank of the Republic of Armenia, in the amount of 2,000-folds of the minimum
salary established by the legislation of the Republic of Armenia (hereinafter,
"the established salary").
2. The sum of the electoral deposit made by parties that have participated
in the allocation of mandates and elected candidates nominated by civil
initiative is paid back not later than within 30 days after the summarization
of the election results. In other cases, the amount of the electoral deposit
is transferred to the state budget.
3. In the event of recognizing the elections invalid, the sum of the electoral
deposit is paid back.
4. In case of rejection to register the party list of parties running
for the elections to the National Assembly and candidates nominated by
civil initiative, or recognizing the registration invalid, the sum of
the electoral deposit of the candidate is transferred to the state budget.
5. In the event of the death of the candidate nominated by civil initiative,
the sum of his/her electoral deposit is returned to his/her heirs.
In case of recognizing the registration of the candidate nominated by
civil initiative or a party list of the party running for the elections
to the National Assembly void on other grounds, the sum of the electoral
deposit is transferred to the state budget.
Article 103: Registration of Party Lists of Parties participating in Elections
to the National Assembly and Candidates Nominated by Civil Initiative
1. The party list of the parties and the candidate nominated by civil
initiative are registered if they have submitted the following documents
in the procedure established by this Code:
1) official papers for the support of nomination, containing at least
20,000 valid signatures;
2) receipt on payment of the electoral deposit at the amount of 2,000-folds
of the minimum salary.
2. In the event of objection about the registration of the party list
and the candidate nominated by civil initiative, the Central Electoral
Commission puts the issue to vote. In case of no objection, the party
list and the candidate nominated by civil initiative are deemed registered.
The registration of the party list and the candidate nominated by civil
initiative is denied by the decision made by at least with two-thirds
vote of the total number of the commission members.
3. Plenipotentiary representatives of the party and the initiative group
have the right to participate in the session of the Central Electoral
Commission, where a decision on registration of the party list and the
candidate nominated by civil initiative is considered.
4. After registering, by relevant numbering and pursuant to the procedure
prescribed in this Article, the candidates in the party list and the candidates
nominated by civil initiative, the Central Electoral Commission, not later
than within three-day period after the expiration of the registration
deadline, publishes the party lists and the names of candidates nominated
by civil initiative. If any candidate is withdrawn from the party list
after the publication of the party lists, the sequence of numbering of
candidates in the party lists are not changed.
Article 104: Denial to Register the Party List, the Candidate therein,
and the Candidate Nominated by Civil Initiative; Recognition of the Registration
as Invalid
1. The Central Electoral Commission denies the registration of the party
list if:
1) 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 the party list is less than 20.000;
2) documents submitted for nomination or registration are falsified.
2. The Central Electoral Commission denies the registration of a candidate
included in the party list if:
1) the restrictions envisaged by this Code extend onto him/her;
2) documents submitted for his/her nomination or registration are falsified.
3. The registration of the candidate included in the party list is denied
by the decision made by at least two-thirds of votes of the commission
members.
4. The Central Electoral Commission recognizes the registration of the
party list invalid, if after the registration, facts are detected, by
the power of which
1) restrictions established by this Code extend onto the party list;
2) the documents submitted for nomination or registration of the party
list are falsified.
5. The Central Electoral Commission recognizes the registration of a candidate
included in the party list invalid, if after the registration, facts are
detected, by the power of which
1) restrictions established by this Code extend onto the him/her;
2) the documents submitted for his/her nomination or registration of the
party list are falsified.
6. In such cases, the candidate is withdrawn from the party list.
7. The registration of the party list or a candidate included therein
is denied by the decision made by at least two-thirds of votes of the
members of the Central Electoral Commission.
8. The decision of the Central Electoral Commission on denial to register
the party list or a candidate included therein or on recognizing the registration
invalid may be appealed to the court within three-day period after it
is issued.
9. Based on the court ruling on recognizing invalid the decision on denial
to register the party list or a candidate therein or on recognizing the
registration invalid, the party list, or the candidate included therein
is deemed registered or re-registered.
10. The Central Electoral Commission denies the registration of a candidate
nominated by civil initiative, if:
1) as a result of the verification, the number of valid signatures in
the official papers for the support of the nomination of the candidate
is less than 20.000;
2) the restrictions envisaged by this Code extend onto the candidate;
3) documents submitted for his/her nomination are falsified.
11. In the event of objection about the registration, the Central Electoral
Commission puts the issue to vote. The registration is denied by the decision
made by at least two-thirds of votes of the members of the Central Electoral
Commission. In case of no objection, the candidate is deemed registered.
12. Based on the court ruling on recognizing invalid the decision on denial
to register the candidate nominated by civil initiative, or on recognizing
the registration invalid, he/she is deemed registered or re-registered.
13. Within five days after the decision of CEC to register the party lists
and the candidates nominated by civil initiative, the candidates both
from party lists and the one nominated by civil initiative should submit
a declaration on their private property and their and their family member's
income during the last year.
Article 105: Procedure for Recognizing as Void the Registration of the
Party List, Candidate included therein and the Candidate nominated by
Civil Initiative
1. The registration of the party list is recognized as void, if:
1) a self-withdrawal application has been submitted;
2) the requirement defined in Article 19.8 has been violated;
3) the requirement defined in Article 26.8 has been violated;
2. The Party may submit its decision on withdrawal of the list of its
candidates to the Central Electoral Commission 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 lists after the voting is completed.
3. Registration of a candidate included in the party list or a candidate
nominated by civil initiative may be recognized void if:
1) he/she has submitted and application of self-withdrawal;
2) he/she has died;
3) he/she has violated the requirement defined in Article 19.8;
4) he/she has violated the requirement defined in Article 26.8;
5) he/she has lost the right to vote.
CHAPTER 21. THE STATUS OF THE CANDIDATE FOR DEPUTY
Article 106: Equality of Candidates for National Assembly Deputies
Candidates for deputy have equal rights and responsibilities arising
from the status of the deputy to the National Assembly.
Article 107: 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 military mobilization, 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 career with the profession he/she was engaged
prior to registration.
4. Parties and candidates have the right to withdraw their candidature
and party lists not later than ten days prior to the election. In that
case the CEC invalidates the registration of the given party list or candidate,
while the candidate and the party are obliged to reimburse the expenses
made for their nomination and campaign by the State.
5. During the elections, candidate to deputies can be arrested, subjected
to administrative or criminal liability by court order, solely upon the
consent of the Central Electoral Commission. The Central Electoral Commission
takes a decision on the above-mentioned issue by at least two-thirds vote
of the total number of the commission members.
CHAPTER 22. Pre-election Campaign during the Elections to the National
Assembly
Article 108: Pre-Election Fund of Parties running for the Elections to
the National Assembly and Candidate nominated by Civil Initiative
1. Parties running for the elections to the National Assembly and candidates
nominated by civil initiative, for the purpose of conducting pre-election
campaign, can establish a pre-election fund on the name of their plenipotentiary
representative, which is formed from voluntary contributions set forth
in Article 26 of this Code.
2. A candidate included in the party list has the right to make a contribution
to the pre-election fund of the party list in the amount up to 1,000-folds
of the minimum salary, and the party as well as the candidate nominated
by civil intiative - in the amount up to 2,000-folds of 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 50-folds of the
minimum salary, and each legal person - up to 150-folds of the minimum
salary.
4. During the pre-election campaign, the party and the candidate have
the right to spend an amount not exceeding 60,000-folds of the minimum
salary.
5. After the election, the means left in the pre-election fund are transferred,
at the discretion of the candidate and within one-month period after the
official publication of the election results, 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.
6. In the event of recognizing the registration of the party list and
candidate nominated by civil initiative as invalid, the sum of the pre-election
fund is transferred to the state budget.
7. In the event of the death of the candidate nominated by civil initiative,
the sum of the pre-election fund of the candidate is transferred to his/her
heirs.
In the event of recognizing the registration of the party list and candidate
nominated by civil initiative as void on other grounds, the sum of the
pre-election fund is transferred to the state budget.
Article 109: Pre-Election Campaign during the Elections to the National
Assembly
1. The Central Electoral Commission ensures equal opportunities for parties
participating in the elections to the National Assembly and candidates
nominated by civil initiative to use free of charge and paid live airtime
on public TV and radio.
2. The free of charge and paid pre-election campaign of parties participating
in the elections to the National Assembly and candidates nominated by
civil initiative on public TV and radio is carried out in the procedure
and time-schedule established by the Central Electoral Commission.
The time-schedule for free of charge and paid pre-election campaign of
parties participating in the elections to the National Assembly and candidates
nominated by civil initiative on public TV and radio is determined through
a lot cast by the Central Electoral Commission.
3. Parties participating in the elections to the National Assembly and
candidates nominated by civil initiative have the right to use not more
than 30 minutes of free airtime on public TV and not more than 60 minutes
of free airtime on public radio.
4. Parties participating in the elections to the National Assembly and
candidates nominated by civil initiative have the right to use not more
than 60 minutes of paid airtime on public TV and not more than 90 minutes
of paid airtime on public radio.
CHAPTER 23. Ballots; Summarization of Election results
Article 110: Ballots
1. A ballot for the elections to the National Assembly contains the names
of parties participating in the elections to the National Assembly and
candidates (the family name and the first name) nominated by civil initiative,
in alphabetical order.
In the ballot paper, the voter writes down the number of such candidate
in the party list to whom he/she gives preference.
The voter may not specify any number in the ballot paper, but put a mark
in front of the relevant party name, in a designated place.
Marked votes are counted in favor of the candidate, who has received
maximum number of votes.
2. In case of voting for the candidate nominated by civil initiative,
the voter puts the mark in front of the name of the corresponding candidate.
3. In case of voting against all candidates, the voter put a mark in the
box on the relevant line.
4. The ballots for the elections to the National Assembly are printed
by the order of the Central Electoral Commission.
Article 111: Summarization of Results of Elections to the National Assembly
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 65 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;
2) on recognizing the election to the National Assembly as invalid.
2. Mandates of the Deputies of National Assembly are distributed among
such party lists and candidates nominated by civil initiative, which have
received at least five per cent of the total of the sum of the votes cast
for party lists and candidates nominated by civil initiative and the amount
of inaccuracies.
If up to three parties are participating in the elections to the National
Assembly, then all parties participate in the distribution of the mandates.
3. First of all the candidates nominated by civil intiative within the
framework envisaged in the Part 3 of this Article get the first mandate.
4. After the distribution of mandates in compliance with the procedure
prescribed in Clause 3 of this Article, the remaining mandates 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.
5. The remaining 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.
6. The candidates who have received the maximum votes within the party
list, equal to the number of mandated to be allocated to the relevant
party list is deemed elected.
7. Elections to the National Assembly are recognized as invalid, if violations
of this Code, that could have influenced the election results, have taken
place during the preparation and conduct of the elections or have made
it impossible to reveal the actual voting results.
8. Appeals related to disputes over the results of elections to the National
Assembly can be adjudicated to the Constitutional Court of the Republic
of Armenia within seven days after the results are officially published.
9. Re-election will be held not sooner than 10 days and not later than
20 days after the decision on recognition of elections to the National
Assembly invalid becomes effective, with the same composition of candidates,
in compliance with the present Code.
CHAPTER 24. Assignment and Conduct of National Assembly Elections
Article 112: Time frames for Assignment and Conducting of the National
Assembly Regular Elections and for Nomination and Registration of Party
Lists
1. Regular elections to the National Assembly are held within 60 days
preceding 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 and initiative groups submit documents for nomination of party
lists and candidates by civil initiative to the Central Electoral Commission
not later than 65 days prior to the voting day, before 6:00 p.m., and
receive official papers for supporting the nomination from the 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 and candidates nominated by civil initiative
is performed not earlier than 45 and not later than 35 days prior to the
voting day, until 6:00 p.m.
6. The elected and early terminated mandate of the National Assembly is
allocated, within one-week and by the decision of the Central Electoral
Commission, to such candidate in the relevant parties list, who is the
next in the list having received the maximum number of votes. If there
is no other candidate in the party list, the mandate stays vacant. In
the event of early termination of powers of candidate nominated by civil
initiative, the Central Electoral Commission, by its decision and within
one-week period, allocates the mandate to such next candidate nominated
by civil initiative, who has received the maximum number of votes among
those lesser than five percent.
Article 113: Assigning and Conducting Extraordinary Elections of the
National Assembly
1. Extraordinary elections of the National Assembly are held in conformity
with the procedure defined for regular elections by this Code.
2. The President of the Republic issues a decree on assigning extraordinary
elections together with the decree on the National Assembly's dissolution.
3. Extraordinary elections are held on the fortieth day of dissolution
of the National Assembly.
4. The chairman of the Central Electoral Commission make a public statement
on assigning of the voting day for extraordinary elections to the National
Assembly, by public TV and radio, not later than 39 days prior to the
voting day.
5. Documentation required for nomination of party lists and candidates
nominated by civil initiative is submitted to the Central Electoral Commission
not later than 35 days prior to the voting day, until 8:00 p.m.
6. Documentation required for registration of party lists and candidate
nominated by civil initiative is submitted to the Central Electoral Commission
not later than 25 days prior to the voting day, until 8:00 p.m.
7. During the extraordinary elections of the National Assembly, at least
15,000 signatures shall be collected to support the nomination of party
lists and candidates nominated by civil initiative. For this purpose,
35 official papers of support are provided.
8. The registration of the party lists and candidates nominated by civil
initiative is performed not sooner than 20 and not later than 18 days
prior to the voting day, by 6:00 p.m.
Article 114: Formation of Electoral Precincts and Precinct Centers and
publication of Voters Lists during the Extraordinary Elections of the
National Assembly
Electoral precincts and precinct centers are formed at least 25 days
prior to elections. At The head of the community submits, at least 20
days prior to the voting day, the voter lists to the head of the institution
administering the territory of the precinct center, who immediately displays
the voter lists at the precinct center in a place visible for everybody.
SECTION 6. ELECTIONS TO THE LOCAL SELF-GOVERNING BODIES
CHAPTER 25. GENERAL PROVISIONS
Article 115: Electoral System
1. During the elections of the community head, one majoritarian constituency
is 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 elections 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 116: 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 117: Requirements for the Candidates for Community Head and Council
Member
1. Every citizen of the Republic of Armenia, who has attained the age
of 25 years, has been a resident of the given community for at least the
last one year, and has the right to vote, can be elected as community
head.
2. Every citizen of the Republic of Armenia, who has attained the age
of 21 year, has been a resident of the given community for at least the
last one year, and has the right to vote, can be elected a council member.
3. Members of the Constitutional Court, judges, and employees of the Ministries
of Internal Affairs, National Security and the Prosecutor's Office cannot
be nominated as candidates for community head and council member.
CHAPTER 26. Nomination of Candidates for Community Head and Council Member
Article 118: Nomination of Candidates for Community Head and Council
Member
1. Candidates for community head and the council member are nominated
by self-nomination, upon submitting an application to the relevant Marz
Electoral Commission.
2. Candidates for the community head also submit the receipt on payment
of the electoral deposit at the amount of 50-folds of the minimum salary
- in the communities with up to 5,000 voters, and 100-folds of the minimum
salary - in the communities with more than 5,000 voters.
3. In the event of being elected as the community head, as well as getting
more than five percent 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.
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, and in Yerevan community election a reference on being registered
in the city of Yerevan for the last year.
4) declaration about his/her ownership (property) and his/her and his/her
family members' income for the last one year.
6. References mentioned in the Sub-clause 5 (2 and 3) of this Article
are allocated to the citizen nominating himself/herself for a candidate
by the authorized state body, within three days after the filing of the
application, 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 119: Registration of Candidates for Community Head and Council
Member; Denial of Registration, and Recognition of Registration as Invalid
1. Candidates for the community head and the council member are registered
by the decision of the Marz 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 his/her
registration.
2. The Marz Electoral Commission denies the registration, if:
1) restrictions previewed in this Code extend onto the 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 Marz Electoral Commission. In the event of no objection - the candidate
is considered as registered. In the event of denial to register the candidate
for the community head and council member, his/her electoral deposit is
transferred to the state budget.
3. The Marz 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 detected, according to which
1) restrictions under this Code extend onto the candidate;
2) the documents submitted for registration have been falsified.
In the event the nomination of a candidate an objection is raised, the
registration decision is voted. Marz 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 case there is no objection candidate is considered
to be automatically registered. 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 Marz 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 judgment
on recognizing the decision of the Marz 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 120: Recognizing the Registration of Candidates Nominated for
Community Head and Council Member as Void
1. The registration of the candidate for the community head and the council
member is recognized as void, if he/she:
1) has lost the right to vote;
2) has submitted an application on self-withdrawal;
3) has died;
4) has violated the requirement defined in Article 19.8;
5) has violated the requirement defined in Article 26.8.
2. The candidate nominated for the community head or the council member
can submit an application on self-withdrawal to the Marz Electoral Commission
not later than ten days prior to voting.
3. In the event of the death of the candidate nominated for the community
head or council member, his registration is considered void; 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.
In the event of recognizing the registration of the candidate nominated
for the community head or council member as void on other grounds, the
sum of the election deposit is returned and the means left in the election
fund are transferred to the state budget.
CHAPTER 27. The Status of the Candidates nominated for Community Head
and Council Member
Article 121: Equality of Candidates Nominated for Community Head and
Council Member
1. Candidates nominated for the community head have equal rights and
responsibilities arising from their status.
2. Candidates nominated for the council member have equal rights and responsibilities
arising from their status.
Article 122: 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 Marz Electoral Commission. The Marz Electoral
Commission makes a final decision on the matter with at least two-thirds
vote of the commission members participating in the voting.
CHAPTER 28. Pre-election Campaign of Candidates nominated for Community
Head and Council Member
Article 123: 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 26 of this Code. Every candidate may make a contribution
of up to 1000-folds of the minimum salary. A physical person may make
a voluntary contribution to the candidate's pre-electoral fund up to 25-folds
of the minimum salary, and a legal person - up to 150-folds of the minimum
salary.
2. For carrying out the pre-election campaign, candidates nominated for
the community head or the council member has the right to use the means
of their pre-election funds only.
3. The expenses made in the framework of the election campaigns can not
exceed the sum equal to the 2000 folds for the Council member of the minimum
salary and 5000 folds of the minimum salary for Community Head.
Article 124: Pre-Election Campaign
Pre-election campaign for election to the local self-government is conducted
in the procedure and time frames established by Articles 19-24 of this
Code.
CHAPTER 29. Ballots, Summarization of the Election Results
Article 125: 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 alphabetical order of the
family name. The ballots for the election of the community heads and the
council members are prepared by the order of the Marz Electoral Commission.
The Marz 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 color.
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. Ballots shall be of the same color
and differ from the color of the ballots for the election of the community
heads.
Article 126: Summarization of Results of Election for Community Head
1. Based on the data on summarization protocols of voting results in
precincts, the Marz Electoral Commission summarizes the election results
and 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.
In the event two candidates have got equal amount of votes, the Community
head is decided by drawing a lot in the procedure established by the Central
Electoral Commission.
3. Elections of the candidate nominated for the community head are recognized
as invalid, if:
1) the amount of the inaccuracies influencing the number of votes excludes
the possibility of determining the elected candidate;
2) in the course of preparation and conduct of elections such violations
of the current Code have occurred, which could have influenced the voting
results or made it impossible to reveal the actual voting results.
4. 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.
5. 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, elections of the community head
are recognized invalid.
6. Within two hours after the decision on the election of the community
head has been adopted, the Chairman of the Marz Electoral Commission forwards
a notification to the Central Electoral Commission and the relevant governor.
7. The decision of the Marz 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.
8. 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 become effective, repeated voting is held in the procedure
established by this Code, with the same composition of candidates.
9. Repeated voting with the same composition of candidates can be held
only once.
Article 127: Summarization of Election Results of the Candidates Nominated
for the Council Member
1. Based on the summarization protocols of the election in precincts,
the Marz Electoral Commission sums up the election results and 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 community council members are summarized based
on multi-mandate majoritarian constituencies as established in Article
114.3 of this Code.
3. Elections of community council members can be recognized as invalid
or not held according to the multi-mandate majoritarian constituencies
as established in Article 114.3 of this Code.
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:
1) the amount of the inaccuracies influencing the number of votes excludes
the possibility of determining the elected candidate;
2) in the course of preparation and conduct of elections such violations
of the current Code occurred, which could have influenced the voting results
or made it impossible to reveal the actual voting results.
6. 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.
7. The election of the community council member is considered as not held,
if grounds for recognizing the election of the community council member
as invalid are present. If the election of the community council members
has been recognized as invalid by the decision of the court, fourteen
days after the decision becomes effective, repeated voting is held in
the procedure established by this Code and with the same composition of
the candidates.
8. In the event of the equal number of votes received in the election
of community council member, the distribution of the mandates is done
by drawing a lot in the procedure established by the Central Electoral
Commission.
9. Within two hours after the adoption of the decision on the election
of the community council members, the Chairman of the Marz Electoral Commission
forwards a report to the Central Electoral Commission and the relevant
governor.
10. The decision of the Marz Electoral Commission on the election results
of the community council members can be appealed to court with three days
after it has been adopted.
11. Repeated voting with the same composition of candidates can be held
only once.
CHAPTER 30. Time Frames and Procedures for Assigning and Conduct of the
Elections to the local self-governing bodies
Article 128: Time Frames for Conduct and 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 Marz 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 6:00 p.m.
Article 129: Time frames and Procedures for Formation of the Multi-mandate
Constituencies
1. During the elections of the community council members, a one multi-mandate
majoritarian constituency is formed in the community with a population
of up to 3,000 inhabitants.
2. During the elections of the community council members, two multi-mandate
majoritarian constituencies are formed in the community with a population
from 3,000 to 20,000 inhabitants.
3. During the elections of the community council members, three multi-mandate
majoritarian constituencies are formed in the community with a population
of more than 20,000 inhabitants.
4. The relevant Marz Electoral Commission, upon the presentation of the
relevant Governor implements the division of the community into multi-mandate
majoritarian constituencies.
5. The community is divided into multi-mandate majoritarian constituencies
not later than 35 days prior to the day of voting.
Article 130: Assigning and Conduct of New Elections
On the thirtieth day after the decision of the Marz Electoral Commission
on recognizing elections of candidates nominated for the community head
or council members as not held or after the entry into force of the court
judgment, new elections are held. New elections are held with newly nominated
candidates, in accordance with the procedure established for the conduct
of the extraordinary elections with the procedures established by Article
130 of this Code.
Article 131: Assigning and Conducting of Extraordinary Elections
1. Extraordinary elections for the community head are held within 30
days after the vacancy in the office.
2. The 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 authority.
3. In the event of reduction of the total number of the community council
members by half, extraordinary elections of the community council members
are held within 30 days.
4. Documentation required for the nomination of candidates is submitted
to the Marz 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 voting day, until 6:00 p.m.
PART THREE
Chapter 31. Liability for Violations of Provisions of This Code
Article 132: Liability for violations of provisions of this Code
The violation of The Electoral Code imposes liability with the procedure
as defined in Armenian legislation.
PART FOUR. Transitional and Concluding Provisions
CHAPTER 32. Transitional and Concluding Provisions
Article 133: Formation of Commissions
1. Not sooner than within 20 and not later than within 30 days after
this Code becomes effective, in the date assigned by the Government, National
Assembly factions appoint (two each) the members of Central, Marz Electoral
Commissions.
2. The Precinct Electoral Commissions are formed pursuant to this Code
not later than 30 days after formation of Marz Electoral Commissions.
Article 134: Concluding Provisions
From the day of this Code becoming effective, the Electoral Code of the
Republic of Armenia, adopted in 15 February 1999, and Amendments and Additions
Thereto becomes invalid.
|