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Election of Deputies to the National Assembly
CHAPTER 3, ELECTORAL COMMITTEES
The electoral committees comprise the citizens of the Republic of Armenia that have the right to vote. Members of the electoral committees are proposed by the governing bodies provided by the charters of the competing public-political organizations according to the principle of equal representation in the prescribed manner. In case the competing public-political organizations do not submit enough proposals the electoral committees are formed and augmented by decision of a superior electoral committee 3 days prior to the deadline set by this law for forming the respective electoral committees. If the superior electoral committee does not decide on forming or augmenting the membership of the respective electoral committee within the deadline provided by section 3 of this Article, the decision is made by the chairman of the superior electoral committee. Members of an electoral committees can not be laid off from their permanent employment by the management or be subjected to administrative penalty during the function of the electoral committee without agreement of a superior electoral committee. Members of electoral committees can not be drafted into military service. Decisions on nominating members of electoral committees are submitted to respective superior electoral committees. Information on the membership of electoral committees is published in the manner prescribed by the Central electoral committee. Chairmen, deputy chairmen and members
of electoral committees can be elected only to one electoral committee
and have no right to be nominated as candidates for deputies.
The Central Electoral Commission comprises at least 7 persons, the chairman and 6 members. Candidates for membership of the Central Electoral Commission are proposed by the deputies of the Supreme Council, 1 candidate from every 10 deputies at least. The nomination of candidates by the deputies is certified on the letterhead of the deputies of the Supreme Council by personal signatures of supporting deputies or by means otherwise expressing their personal endorsement. The proposals for nominations are submitted to the secretary of the Supreme Council in the name of the chairman of the Supreme Council 10 days prior to the deadline set for forming the committee. Nominees for membership of the Central Electoral Commission submit to the secretary of the Supreme Council in person or through an agent appointed in a manner prescribed by law their agreement to be registered as members of the Central Electoral Commission. The membership of the Central Electoral Commission based on the submitted nominations is registered in a special memorandum signed by the chairman and the secretary of the Supreme Council and is published 6 days prior to the deadline set for forming the Central Electoral Commission. If the chairman or the secretary of the Supreme Council due to impossibility can not register the membership of the Central Electoral Commission, these tasks are carried through within the set timeframe by the officials provided as their replacement in the charter of the Supreme Council. If that possibility is also excluded within the timeframe set in this Article, the President of the Republic of Armenia registers the membership of the Central Electoral Commission based on the submitted nominations no later than the deadline set for the formation of the Central Electoral Commission. If the number of nominees for the Central Electoral Commission proposed in the manner prescribed by this Article is less than 6 the vacancies are filled by the President of the Republic of Armenia no later than the deadline set for the formation of the committee. The work of the Central Electoral Commission is directed by its chairman, in whose absence - by the deputy chairman. The chairman of the Central Electoral Commission is approved from among the members of the Central Electoral Commission. The chairman of the Central Electoral Commission is approved by the Supreme Council of the Republic of Armenia by a nomination from the President of the Republic of Armenia no later than 5 days prior the deadline set for the formation of the Central Electoral Commission. If the Supreme Council does not confirm the nominee of the President of the Republic of Armenia, the Supreme Council elects the chairman of the Central Electoral Commission in a three day session 3 days prior the deadline set for the formation of the Central Electoral Commission. If the Supreme Council does not decide on the appointment of the chairman of the Central Electoral Commission within the set timeframe, the chairman of the Central Electoral Commission is appointed by the President of the Republic of Armenia in the time set for the formation of the Central Electoral Commission. The Central Electoral Commission elects from among its members a deputy chairman and a secretary of the committee. Prior to the registration of the candidates for deputies one representative from each public-political organizations registered by the Ministry of Justice prior to the deadline set for the formation of the Central Electoral Commission can take part in the work of the Central Electoral Commission with an advisory vote. Following the registration of the
candidates for deputies one representative from each public- political
organization or their blocs that had received a right to participate in
the elections can take part in the work of the Central Electoral Commission
with an advisory vote.
The district electoral committee comprises at least 7 persons. Prior to the deadline for the registration of candidates for deputies of the National Assembly the membership of the committee, ensuring the principle of equal representation, includes representatives of public-political organizations that had submitted an application to participate in the elections by the proportional system. The number of the representatives of public-political organizations in the district electoral committees is determined by the Central Electoral Commission. The deadline for the nominations of the public- political organizations is determined by the Central Electoral Commission within the provisions of this law. The Central Electoral Commission records the membership of district electoral committees based on the nominations of the public-political organizations. The district electoral committees elect from among their members chairmen of the committees within three days but no later than 6 days prior to the deadline set by this law for the formation of the district electoral committees. If the chairman of a committee is not elected in this timeframe the chairman of the district committee is appointed by the Central Electoral Commission from among the members of the district committee 3 days prior to the deadline set by this law for the formation of the district electoral committees. If the Central Electoral Commission does not appoint a chairman to the respective district electoral committee within this timeframe, the appointment is made by the chairman of the Central Electoral Commission from among the members of the district electoral committee. The district electoral committee elects from among its members a deputy chairman and a secretary of the committee. Following the deadline for the registration of the candidates for deputies the representatives of the public-political organizations not participating in the elections by the proportional system are excluded from the membership of the committee and can participate in the sessions of the committee with an advisory vote. The provision defined in the previous section of this Article does not extend to the chairman of the committee. The work of the district electoral
committees ceases following the elections by a decision of the Central
Electoral Commission.
The precinct electoral committee comprises at least 7 persons. Prior to the deadline for the registration of candidates for deputies of the National Assembly the membership of the committee, ensuring the principle of equal representation, includes representatives of public-political organizations that had submitted an application to participate in the elections by the proportional system. The number of the representatives of public-political organizations in the committees is determined by the Central Electoral Commission. The district electoral committee records the membership of precinct electoral committees based on the nominations of the public-political organizations. The precinct electoral committees elect from among their members chairmen of the committees within three days 4 days prior to the deadline set by this law for the formation of the district electoral committees. If the chairman of a committee is not elected in this timeframe the chairman of the precinct committee is appointed by the district electoral committee from among the members of the precinct committee 2 days prior to the deadline set by this law for the formation of the precinct electoral committees. If the district electoral committee does not appoint a chairman to the respective precinct electoral committee within this timeframe, the appointment is made by the chairman of the district electoral committee from among the members of the precinct electoral committee. The precinct electoral committee elects from among its members a deputy chairman and a secretary of the committee. Following the deadline for the registration of the candidates for deputies to the National Assembly the representatives of the public-political organizations not participating in the elections by the proportional system are excluded from the membership of the committee. The provision defined in the previous section of this Article does not extend to the chairman of the committee. The work of the precinct electoral
committees ceases following the elections by a decision of the Central
Electoral Commission.
The powers of the chairman of the Central Electoral Commission can be terminated prematurely initiated by the President of the Republic of Armenia or the National Assembly. The National Assembly shall discuss and adopt a decision on such initiative from the President of the Republic of Armenia within one month upon its receipt. If the decision of the National Assembly approves of the initiative of the President of the Republic of Armenia, the chairman of the Central Electoral Commission is dismissed by a presidential decree within two days from the receipt of the approval of the National Assembly. The decision of the National Assembly on dismissing the chairman of the Central Electoral Commission is submitted to the President of the Republic of Armenia. The President of the Republic of Armenia can dismiss the chairman of the Central Electoral Commission by his decree within one month of the receipt of the decision of the National Assembly or he can object to the decision of the National Assembly. In the latter case the President of the Republic of Armenia submits his objection to the National Assembly, which can reconfirm its decision to dismiss the chairman of the Central Electoral Commission within 15 days by a majority vote of at least 2/3 of the of the total number of the National Assembly deputies. In case the chairman of the Central Electoral Commission is dismissed, the new chairman is appointed within 20 days in the manner prescribed by this law. The powers of the deputy chairman,
the secretary and the members of the Central Electoral Commission can be
terminated prematurely:
b) through an initiative of the Central Electoral Commission. The vacancies in the Central Electoral Commission created by cases provided in this Article are not filled unless the number of the members falls below 7. If the membership of the Central Electoral Commission falls below 7 it is augmented by a decree of the President of the Republic of Armenia within 20 days. The powers of the persons within district and precinct electoral committees may be terminated prematurely in the same procedure in which they were included in the committee. The premature termination of the
powers can also be implemented either through a decision of a superior
committee by its own initiative or through a decision of an inferior committee:
b) if the provisions of this law are not obeyed; c) if five consecutive sessions of a committee are missed without a proper cause. In case of a premature termination of the powers of persons included in an electoral committee the electoral committees are augmented in a manner prescribed by this law for the forming of respective committees. No changes can be made in the membership
of the electoral committees through the 5 days preceding the elections
and during the assessment of the results of the elections. Persons included
in the electoral committees have no right to refuse their duties in the
committees beginning from 6 PM on the day preceding the elections and through
the completion of the assessment of the election results except for cases
of health failure or death of a close relative, of which the superior electoral
committee shall be notified.
The Central Electoral Commission is the body conducting the oversight of this law and ensuring its uniform implementation. In accordance with the legislation of the Republic of Armenia it has the following powers:
2) to form electoral districts and district electoral committees, to alter the borders of electoral precincts and membership of electoral committees in cases and the manner provided by law; 3) to manage the means allocated for the elections, disburse the finances among the electoral committees, to oversee the allocation of office space, furnishings, transportation means, electricity, communications equipment and other material and technical assets to district and precinct electoral committees; 4) to determine the layout of the election documentation, the ballots, ballot boxes, specimens of the seals, the procedure and timeframe for filling in and filing the documentation. To provide necessary documentation to the electoral committees; 5) in order to ensure uniform implementation of the law to pass and publish the necessary decisions and decrees on the procedure of the elections and their preparation, to oversee their implementation; 6) to attend to reports of the electoral committees and government bodies on matters concerning the implementations of the elections and their preparation; 7) to change in exceptional cases the time and site of the voting; 8) to discuss the appeals and complaints received concerning the decisions and actions of the electoral committees and to pass decisions on these; 9) to alter or annul the decisions of the district and precinct committees; 10) to register the candidates for deputies nominated for participation in the elections to the National Assembly by the proportional system and issue them candidate certificates, to refuse or annul the registration of a candidate/candidates; 11) to register or refuse to register the persons in detention regardless of their nomination for participation in a proportional or majoritarian election system. In these cases the Central Electoral Commission must receive a conclusion from the Prosecutors office of the Republic of Armenia within the timeframe provided by law; 12) to render, summarize and confirm the results of the elections based on the proportional or majoritarian system, to verify them if necessary; 13) to register the elected candidates for deputies to the National Assembly and issue them certificates of a National Assembly deputy; 14) to declare the elections partially or completely invalid; 15) to appoint additional votings or by-elections; 16) to exercise other powers ensuring the oversight and the uniform implementation of this law. The district electoral committee, in accordance with the legislation of the Republic of Armenia, exercises the following powers: 2) to form electoral precincts and precinct electoral committees, make changes in their membership; 3) to provide the precinct committees with the necessary material and technical means, election documentation, to organize in the prescribed manner the preparation and the implementation of the elections, to oversee the implementation, to provide the electoral precincts with office space, furnishings, transportation means, electricity, communications equipment and other material and technical assets; 4) to attend to reports of the precinct committees, administrative bodies within the precinct territories and interested organizations on matters concerning the implementation of the elections and their preparation; 5) to follow the compilation of the lists of voters by the local authorities, the transfer of these to the respective precinct committees and submitting for general notification; 6) to discuss the applications and complaints received concerning the decisions and actions of the precinct electoral committees and to pass decisions on these; 7) to register and issue respective certificates to the candidates for deputies to the National Assembly and their proxies nominated in the district, as well as to the proxies of public-political organizations participating in the elections by the lists of candidates to the National Assembly. To refuse or annul the registration of a nominated candidate in accordance with this law; 8) to submit to the Central Electoral Commission all materials in its possession regarding the persons in detention nominated for participation in the elections in their district; 9) to organize the publication on an equal basis of the biographies and brief pre-election programs of the candidates for deputies nominated in the district, as well as to submit to the precinct electoral committees the pre-election programs of the public-political organizations or their blocs and the lists of the candidates for deputies; 10) to register the representatives and observers; 11) to ensure the the preparation of the district ballots and their distribution to the precincts along with the ballots for the list elections; 12) to summarize and declare the results of the voting in the district; 13) to exercise other powers ensuring the uniform implementation of this law in the district. The precinct electoral committee, in accordance with the legislation of the Republic of Armenia, has the following powers:
2) accepts and discusses complaints on the inaccuracies in the lists of voters and solves the issues of introducing the respective adjustments to the lists; 3) organizes the publication on an equal basis of the biographies and pre-election programs of the candidates for deputies, the pre-election programs of the public-political organizations or their blocs and the lists of the candidates for deputies; 4) informsthe voters on the location of the precinct, the day of the elections and the working hours of the committee; 5) ensures the the preparation of the building, the booths, the ballot boxes and other means necessary for the elections; 6) organizes the voting, summarizes the results of the voting and declares them in the precinct; 7) discusses applications and complaints presented on preparation of elections, organization and implementation of voting, and passes decisions on them; 8) exercises other powers in accordance with this law The work of the electoral committees is organised by the chairmen of respective committees or their deputies by their assignment, ensuring equal conditions for the presence at the committee sessions during deliberation of issues of the representatives of parties interested in them. Members of electoral committees have the right to inspect the issues under the jurisdiction of their committees and access the corresponding documents. The electoral committees determine the schedule for their regular sessions. The extraordinary sessions are convened by the chairman at his initiative or by a written demand of at least 1/3 of the committee members. The chairman must convene the extraordinary session before the regular session. The sessions of a committee possess equal authority, if more than half of the total number of committee members attend. The decisions of the electoral committees are passed by an open ballot. In special cases a secret ballot may be decided upon by the committee members. The ballot is considered valid if more than half of the total number of committee members have voted. The decision is considered passed if it was voted for by more than half of the participants of the voting. Upon the request of a superior committee the committees must submit to it all materials at their disposal concerning issues of interest for the former, including, provided existing, written memorandums on the issue presented by the committee members. If the decisions of a committee contradict each other, the decision of the superior committee prevails. The persons included in the electoral committees, in the manner prescribed by the Central Electoral Commission, can be relieved of their obligations at the production or service employment. The chairman of the Central Electoral
Commission forms a staff. Compensation for work performed with connection
to the elections is paid from the allocation for the elections. From the
day of their formation the electoral committees maintain a register with
pages numbered and sealed by the superior committee, in which mandatory
dated entries are made on all factual activities carried out in connection
with the elections.
The decisions and actions of electoral committees can be appealed at the superior electoral committee, while the decisions and actions of the Central Electoral Commission or, in other cases provided by this law, can also be appealed at the court of law by the public-political organizations, candidates for deputies, their proxies, observers and voters, within three days from the appealed decision or action. The complaint must be discussed within 3 days from its submission. The decisions of the Central Electoral Commission concerning the results of the elections can be appealed at the Supreme Court of the Republic of Armenia. |
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1998 by CEC
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