L A W S
ELECTORAL CODE OF THE REPUBLIC OF ARMENIA
Adopted by the National
Assembly of the Republic of Armenia,
on February 5, 1999
Third Reading
P A R T O N E
Section two: ELECTORAL
COMMISSIONS
CHAPTER EIGHT
THE FORMATION OF ELECTORAL COMMISSIONS
Article 34: Principles for Formation of
Electoral Commissions
1. Citizens of the Republic of Armenia, who have the right to vote, are included in the
electoral commissions.
2. Information about the composition of electoral commissions is published in the
procedure established by the Central Electoral Commission.
3. A citizen can be included in only electoral commission.
4. Deputies of the National Assembly, members of the Constitutional Court, judges,
employees of the Ministry of Internal Affairs and National Security, Ministry of Defense,
Prosecutor's Office, proxies, observers, candidates, employees of banking system and
foreign organizations cannot be members of electoral commissions.
Article 35: Procedure for Formation of the Central Electoral
Commission
1. The Central Electoral Commission is composed of:
1). Three persons appointed by the Government;
2). One member of each of the parties that have presented at least 30 thousand valid
signatures of support for their nomination to run in the National Assembly proportional
elections, and having parliamentary factions in the current or dissolved National
Assembly;
3). One member of each of the first five parties that have presented at least 30
thousand and more valid signatures of support for their nomination to run in the National
Assembly proportional elections, and not having parliamentary factions in the current or
dissolved National Assembly. In case, when due to the equal number of valid signatures,
the vacant seats allocated to the parties in the electoral commissions are not filled,
then the vacancies in the commission are filled by means of drawing a lot between the
parties that have the right to appoint members for commissions, and have collected utmost
number of valid signatures, and are coming next in the list of parties running.
2. If the parliamentary faction is composed of more than one party, and during the new
elections to the National Assembly those parties are not parts of the same alliance, when
submitting the official lists for the support of their nomination to the Central Electoral
Commission, they need to present the resolution of the relevant faction (in case the
National Assembly is dissolved at that time, the resolution taken jointly by parties of
the former faction is presented), in the procedure established by the second subpoint of
the point one of this Article, to determine the party which will have the right to appoint
a member of the Central Electoral Commission.
3. The new Central Electoral Commission is formed and accepts its authorities on the
second day of the expiration of the term envisaged for the registration of the party list,
running for the National Assembly proportional elections.
4. The members nominated for the Central Electoral Commission are appointed and removed
respectively by the party (faction) that has nominated them or the Government.
5. The composition of the Central Electoral Commission is announced by the Chairman of
the current Central Electoral Commission.
6. The activities of the Central Electoral Commission are
supervised by the Chairman of the Commission or by his/her assignment
– the Deputy Chairman. The Central Electoral Commission elects
the Chairman, Deputy Chairman and the Secretary of the Central
Electoral Commission at its first meeting. The first session of the Central
Electoral Commission commences in the administrative building of the Central Electoral
Commission, on the first day of the formation of the Central Electoral Commission, at
12:00 p.m. and can go on until 12:00 a.m. The Chairman of the previous
Central Electoral Commission chairs the first session.
7. The right to nominate candidatures for the position of the
Chairman of the Central Electoral Commission belongs to the members of the Central Electoral Commission.
8. If one candidate has been running for the position of the
Chairman of the Central Electoral Commission, he/she is
considered as elected, if he/she has received more than half of the votes cast.
9. If two candidates have been running for the position of the Chairman
of the Central Electoral Commission, the candidate, who has
received more votes, is considered as elected.
10. If more than two candidates have been running for the position of the Chairman of the Central Electoral Commission, and
none of them has received more than half of the votes cast, repeated voting is held between the candidates, that have received more votes.
11. In the event if no Chairman is elected at the first session of
the Central Electoral Commission in the established procedure, within three days
Government appoints the Chairman of the Central Electoral Commission
from among the members of the Central Electoral Commission.
12. 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.
Article 36: Procedure for Formation of Regional Electoral Commissions
1. The Regional Electoral Commission is formed according to the procedure and within
dates established for the formation of the Central Electoral Commission.
2. The composition of Regional Electoral Commissions is published by the Chairman of
the current Central Electoral Commission.
3. The activities of the Regional Electoral Commissions are supervised by the Chairman
of the Commission or by his/her assignment – the Deputy Chairman.
4. The Regional Electoral Commission elects the Chairman, Deputy Chairman and the
Secretary of the Regional Electoral Commission, from among the members of the commission,
at the first session of the Regional Electoral Commission commission. The first session of
the Regional Electoral Commission commences on the first day of the formation of the
Regional Electoral Commission, at 12:00 p.m. The Chairman of the previous Regional
Electoral Commission chairs the first session.
5. The right to nominate candidatures for the position of the Chairman of the Regional
Electoral Commission belongs to the members of the Regional Electoral Commission.
6. The Chairman, Deputy Chairman and the Secretary of the Regional Electoral Commission
are elected in the procedure established for the election of the Central Electoral
Commission Chairman.
7. In the event if the Chairman of the Regional Electoral Commission is not elected in
the established procedure and dates, the Government appoints the Chairman of the
Commission from among the members of the Regional Electoral Commission within three days.
8. The new Regional Electoral Commission is formed and accepts its authorities on the
next day of the expiration of powers of the former Regional Electoral Commission.
Article 37: Procedure for Formation of Precinct Electoral Commissions
1. The members of the Precinct Electoral Commission are appointed by members of the
respective Regional Electoral Commissions, according to the principle of one member of the
Regional Electoral Commission – one member of the Precinct Electoral Commission.
2. For the formation of the Precinct Electoral Commission in the above-mentioned
procedure, applications to the Regional Electoral Commission are submitted 21 days and end
18 days prior to the day of voting.
3. In the event if the Precinct Electoral Commissions are not formed in the
above-mentioned procedure, the Chairman of the Regional Electoral Commission fills in the
vacancies of the commission within three days. The composition of the Precinct Electoral
Commission is filled also if after the formation of the commission, in the procedure
established by this Code, the number of the members of the commission is:
1). less than nine people, in the precinct covering less than 700 voters;
2). less than eleven people, in the precinct covering 701 to 1500 voters;
3). less than thirteen people, in the precinct covering 1501 to 3000 voters.
4. The first meeting of the Precinct Electoral Commission is opened by the Chairman of
the Regional Electoral Commission at the precinct center, on the next day of the formation
of the commission, at 12:00 p.m. and is chaired by the eldest member of the Precinct
Electoral Commission.
5. At its first session, the Precinct Electoral Commission elects the Chairman of the
commission, Deputy Chairman and the Secretary from within its members.
6. The elections of the Chairmen, Deputy Chairmen and the Secretaries of the Precinct
Electoral Commission are held in the procedure established for the election of the
Chairman of the Central Electoral Commission, within two days time.
7. In the event if the Precinct Electoral Commission, within the dates established in
point six of this Article, does not elect the Chairman of the commission, the Chairman of
the relevant Precinct Electoral Commission is appointed by the Chairman of the Regional
Electoral Commission, not later than two days after the formation of Precinct Electoral
Commissions, from within the members of the relevant commission.
8. Authorities of the Precinct Electoral Commissions are terminated seven days after
the official publication of the election results, in case there is no Court dispute over
the election results. In the event if there is a Court dispute, the authorities of the
Precinct Electoral Commissions are terminated after the court resolution has entered into
legal force.
Article 38: Procedure for Early Termination of Powers of the Chairman
and the Members of the Electoral Commission
1. The powers of the Chairman of an electoral commission can be terminated early by the
decision of the relevant commission, adopted by at least two-thirds vote of the entire
number of the votes cast. The Chairman of an electoral commission can be indicted not
later than three days prior to the day of voting. New elections of the Chairman of the
commission are conducted in the procedure established by this Code.
2. Powers of members of electoral commissions are terminated ahead of time, if:
1). he/she has does not any more have the right to vote;
2). by the party decision (for the case of its appointee);
3). by the Government’s decision (for the case of its appointee);
4). by the decision of the member of the Regional Electoral Commission (for the case of
his/her appointee);
5). in the event of his/her death;
6). based on the point ten of Article 39;
7). based on his/her application of resignation;
8). if he has been conscripted.
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. With the
exception of Precinct Electoral Commissions, the vacancies in commissions are not filled
in within three days prior to the day of voting.
4. During the three days preceding the voting and in the period of the process of
summarization of the election results, no changes shall be made in the composition of
commissions.
Article 39: Organization of Activities of Electoral Commissions
1. Activities of the electoral commission are conducted based on the principle of
partnership.
2. Activities of the electoral commission are supervised by the Chairman of the
commission, or by 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, headed by the Secretary of the commission. A similar staff,
working on temporary basis, can be created within the Regional Electoral Commission, upon
the consent of the Central Electoral Commission. The Central Electoral Commission
determines the amount of the remuneration of the staff.
4. Chairman of the electoral commission decides upon the timetable for holding regular
sessions.
5. Extraordinary session is convened by the Chairman of the commission on his/her
initiative or upon the written request of at least one-third of the commission members,
within the dates fixed out 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. The requirements for the registry, as well as the
procedure on how they have to be filled out, are established by the Central Electoral
Commission.
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 40: Procedures for Adjudication of Decisions, Actions and
Inactivity of the Electoral Commission
1. Decisions, actions and inactivity of the electoral commission, with the exception of
the decisions of the Regional Electoral Commission, on the summarization of the results of
voting, can be appealed to a superior electoral commission or court, within two days after
the publication of the decision, or the action, or the disclosure of the violation of
legislation as a result of the inaction, and with the exception of the decisions of the
Precinct Electoral Commission, on the voting results, which can be appealed on the day
following the voting, until 14:00. The superior electoral commission takes a decision
about those appeals until the final results of elections are summarized. If no other
procedure is established by this Code, the superior electoral commission and the Court of
first instance take decisions within five days. With the exception of the elections of the
President of the Republic, Deputies of the National Assembly and refusal to register the
lists of the parties, based on the proportional system, the rows on declaring the
registration void, the Court of first instance takes final decision. Court of appeals
takes a decision on those issues within three days, and the cassation Court – within
two days.
2. The appeals received during five days prior to the day of voting are considered and
decisions taken promptly. The decisions of the Regional Electoral Commission on
summarization of the results of elections, with the exception of the decisions on
summarization of results of the National Assembly majoritarian elections, are appealed to
the Central Electoral Commission.
3. The decisions, activities and inactivity of the Central Electoral Commission, with
the exception of the decisions on the results of elections of the President of the
Republic and the National Assembly proportional elections, can be appealed to the Court.
4. The disputes over the election results, with the exception of those over elections
of the local self-governing bodies, are resolved by the Constitutional Court.
5. The voting day is a working day for the employees of courts and the prosecutor's
office.
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