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Election Commission Review of Complaints Date Printed: 11/03/2008 JTS Box Number: IFES- 11 Tab Number: 17 Document Title: The Election of President of the Russian Federation 1996: A Technical Analysis Document Date: 1996 Document Country: Russia IFES ID: R01869 Ibrn/:sinternational Foundation for Election Systems I' 1101 15th STREET, N W . THIRD FLOOR . WPSHINGTON, D.C 20005 (202) 8288507 . FAX (202) 4520801 I' The Election of President of the Russian Federation 16 June 1996 3 July 1996 (Runoff) A Technical Analysis with Recommendations for Reform BOARD OF DIRECTORS Barbara Boggs Victor Kamber William R. Sweeney. Jr. DIRECTORS EMERITI James M. Cannon Charles T. Manatt Patricia Hutar Dame Eugenia Charles Peter G. Kelly Leon J. Weil Chairman Secretan, lDaminkal Richard M. Scammon Maureen A. Kindel Richard W. Soudriette Peter McPhermn David R. Jones Joseph Napolitan Judy G. Fernald ReGdent Vice Chairman Treasurer IeamPierre Kingsley William 1. Hybl (Canada) Randal C. league HONORARY DIRECTOR Covnrel MK. F. Clifton White The Election of President of the Russian Federation General Election: 16June 1996 Runoff Election: 3 July 1996 A TECHNICAL ANALYSIS WITH RECOMMENDATIONS FOR LEGAL AND PROCEDURAL REFORM Prepared Ey: Linda Edgeworth Robert Dahl Elections Advisor, IFES Russia Legal Advisor, IFES Russia Catherine Barnes Leanne McDonald Project Director, IFES Russia Program Officer, Europe & Asia The International Foundation for Election Systems Table of Contents Acronyms ..................................................................... ix Foreword ..................................................................... xi ExecutiveSummar), ..................................................... xiii I. Constitutional Basis for the Election System ............................... I II . Federal Laws Governing the Election of President ........................... 3 The Law On Basic Guarantees of Electoral Rights of the Citizens .................3 The Law On Election of President of the Russian Federation ....................5 The Right to Vote and to Be Elected ...................................6 Calling the Election ................................................6 Ill . Administrative Structure .......................................' ....... 8 Background: The Basic Guarantees Law ...................................8 Rights of Candidates to Have Representation on Election Commissions ........9 ForConsideration .................................................10 The Authority of the Central Election Commission ....................i ..... I I ForConsideration .................................................12 Lower Level Commissions ......................................: .....13 Forconsideration ................................................14 ( Y IV . Transparency Mechanisms ......................................! ..... 16 Transparency Provisions in the Basic Guarantees Law ........................i 16 Transparency Provisions in the Presidential Election Law ................: .....17 CEC Instructions and Resolutions Regarding Observers .................1 ..... 19 Attempts to Expand Public Control Over the Election Process ..................20 Introduction of "Citizen" Observes ..................................21 Expanding Rights of Observes ......................................22 Provisions for Automatic Recount ..............................: ..... 22 Access to the State Automated System ................................23 Election System Performance ..........................................24 Observers .....................................................25 Deliberatjve Voting Members of Election Commissions ....................26 Forconsideration ............................................ 1 ..... 26 V . Nomination and Registration of Candidates ........................ Preliminary Requirements of Nominating Associations. Blocs. and Groups . For Consideration ......................................... Gathering Signatures on Candidate Petitions ........................ For Consideration ......................................... Registering Candidates ........................................ For Consideration ......................................... General Comments on Electoral Associations ....................... For Consideration ......................................... VI . Pre-Election Campaigns and the Media .................................. 38 Fundamental Principles in the Basic Guarantees Law .........................39 Campaign Provisions in the Presidential Election Law ......................40 Forconsideration ................................................42 Table: Paid and Free Access to the Media Provided By Law and Regulation for the Pre-Election Campaign ................................46 Provisions Subject to Potentially Subjective Interpretation and Selective Enforcement ...............................................48 Forconsideration ................................................49 Adjudication by the Judicial Chamber for Information Disputes .................50 The Multi-Dimensional Role of the Judicial Chamber ......................51 Independent Intervention by the Judicial Chamber .......................53 Limitations on Enforcement Capacity ..................................54 ForConsideration ................................................55 General Issues Related to the Pre-Election Campaigns During the Presidential Elections ..............................................56 Imbalance in Media Coverage .......................................56 Influence of Governmental Bodies ...................................58 Violations by the Media ............................................60 Questionable Activities on the Part of Campaign Organizations ..............63 Conflicts Between Federation and Local Rules and Allowances Regarding Campaign Activities ..........................................63 Forconsideration ................................................63 VII . Campaign Financing .................................................66 Overview of Legal Provisions ..........................................66 Campaign Finance Provisions in the Basic Guarantees Law .................66 Campaign Provisions in the Presidential Election Law ......................68 CEC Regulation of Election Funds .................................70 Election System Performance ..........................................72 Pre-Registration Activity ..........................................74 Supplemental Payment for Goods and Services .........................74 Avoidance of Overt Political Purpose ................................. 74 Advantages of Incumbency .........................................75 ForConsideration ................................................76 VIII . TheBallot ......................................................... 82 Forconsideration ...................................................83 IX. Conduct of the Poll ........................................... BeforeVotingBegins .......................................... Forconsideration ......................................... Processing of Voters .......................................... ForConsideration ......................................... Special Voter Services ......................................... Voting in Remote Sites and Early Voting ......................... Forconsideration ......................................... Voters Who Need Asistance ............................... Voting Outside the Polling Site .............................. Forconsideration ........................................ X . Counting the Votes and Reporting the Results ............................. 98 Before the Counting of Votes Begins .....................................98 Forconsideration ................................................99 Counting the Ballots Cast Outside the Polling Site ..........................I00 ForConsideration ...............................................IOI Invalid Ballots .....................................................102 Forconsideration ...............................................103 The Counting Procedure in Practice ....................................104 Forconsideration ...............................................106 Sample Instructions ..............................................106 No. I The Tally Method ....................................107 No. 2 The Stack and Count Method ..........................107 Test of Ballot Scanning Devices at Selected Sites ...........................I09 Forconsideration ...............................................I10 Completion of the Protocol ..........................................I10 Forconsideration ...............................................112 Format of the Protocol ...........................................113 For Consideration ...............................................I13 Sample Protocol Form: Ballot Accountability Portion ....................114 Misunderstanding Ballot Accountability ................................115 Summarization of Results ............................................117 The State Automated System ......................................118 Forconsideration ...............................................I19 Processing Returns at the Level of the Territorial Election Commission ....... I20 Forconsideration ............................................... 121 Observer Presence During the Counting and Summarization of Votes ...........123 ForConsideration ...............................................123 Distribution of Certified Copies of the Protocols . 124 ForConsideration
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