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 NINE
POWERS OF THE ELECTORAL COMMISSIONS
Article 41: 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 procedure
adopted by itself and has the status of a legal person. The Central Electoral Commission
1). controls the means of the state budget allocated to it for preparation and conduct
of elections, oversees the provision of electoral commissions with buildings, furniture,
other material and technical equipment;
2). takes a decision on the order of business for itself and inferior electoral
commissions;
3). oversees the equal application of this electoral Code;
4). establishes the procedure for the compilation of the voter lists in communities;
5). oversees the ensuring of equal opportunities established for campaigning through
mass media;
6). establishes forms of ballots and other election documents, provides the electoral
commissions with necessary election documentation;
7). publishes instructions on the application of this code and other normative acts,
which are obligatory for all electoral commissions preparing and conducting the elections
and oversees their fulfillment;
8). establishes the procedure for verification and correction of voter lists;
9). ensures equal conditions for the pre-election activities for Presidential
candidates, parties running in the National Assembly proportional elections, and
candidates registered for elections in majoritarian constituencies;
10). within its powers takes decisions, that are mandatory for all state and local
self-governing bodies, NGOs, parties, institutions, enterprises and
organizations, as well as for officials;
11). considers the applications and complaints on decisions and actions of electoral
commissions, reviews or eliminates the contradicting-this-Code decisions
of commissions;
12). hears the reports of electoral commissions and
relevant state bodies on preparation and conduct of elections;
13). accredits the representatives of mass media, registers as observers the foreign
countries, NGOs, international organizations, and on the basis of the submitted lists,
issues them certificates;
14). approves the forms of ballot boxes;
15). approves the forms of seals of electoral commissions, orders them and allocates to
the electoral commissions, establishes the procedure for the return of the seals after the
elections;
16). registers and issues certificates to the persons nominated as candidates for the
President of the Republic; in the cases envisaged by the law rejects, recognizes their
registration as out of force or invalid; provides the registered candidates for Presidency
or their proxies with a sufficient number of certificates;
17). registers the parties and initiative groups nominating a candidate for the
President of the Republic;
18). organizes the publication of biographical data of the nominated candidates for the President of the Republic;
19). in the event of the availability of bases envisaged by the law recognizes the
presidential election as invalid or not held, makes a decision about his/her election;
20). summarizes and approves the results of the elections of the President of the
Republic, the National Assembly proportional elections;
21). registers parties, which have submitted application on running in the National
Assembly proportional elections and publishes the lists of candidates nominated by them;
22). registers Deputies elected to the National Assembly and issues them a certificate
of the Member of Parliament;
23). assigns by-elections of the National Assembly of the Republic of Armenia;
24). applies to the relevant competent state bodies in cases of violation of this Code;
25). resolves other matters related to the application of this Code;
26). establishes the procedure for organization of training, organizes the training of
the members of electoral commissions;
27). establishes the procedure for drawing a lot in electoral commissions;
28). numbers the majoritarian constituencies of the National Assembly;
29). establishes the order of business in connection with the pre-election fund and the
electoral deposit;
30). realizes other powers envisaged by this Code.
2. If the constituency includes communities belonging to more than one region, fifty
days before the day of voting the Central Electoral Commission determines the Regional
Electoral Commission in charge of organization and conduct of elections in that particular
community.
3. After each national elections, in 90 days period, the Chairman of the Central
Electoral Commission, or upon his request, one of the members of the Central Electoral
Commission makes a statement in the National Assembly on the organization and conduct of
elections.
Article 42: Powers of the Regional Electoral Commissions
1. The Regional Electoral Commission functions on a permanent basis, and in
accordance with the procedure adopted by the Central Electoral Commission has the status
of a legal person. Regional Electoral Commission
1). organizes the training of the persons included in Precinct Electoral Commissions;
2). controls the means of the state budget allocated for the preparation and conduct of
elections,
3). upon the presentation of the community head approves the precincts, stating the
latter’s place of voting (precinct center). This information is transferred to the
Central Electoral Commission within 2 days;
4). in conformity with the procedure established by the Central Electoral Commission
determines the consecutive numbers of constituencies of precincts and local self-governing
bodies;
5). 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.
6). informs the Central Electoral Commissions on its own activity and that of the
Precinct Electoral Commissions;
7). considers applications and complaints received about the decisions and actions of
Precinct Electoral Commissions, reviews or eliminates the decisions of Precinct Electoral
Commissions that contradict this Code;
8). makes public the preliminary results of elections by precincts, based on the data
of protocols of Precinct Electoral Commissions;
9). Clarifies and summarizes the election results and submits them to
the Central Electoral Commissions, and in the cases envisaged by the law –
conducts verification;
10). declares the day of elections to local self-governing bodies;
11). follows the compilation of voter lists by the community head and their display in
precincts for public inspection;
12). ensures the preparation of precinct centers, voting booths, ballots, as well as
other means required for voting;
13). accredits the representatives of mass media that have submitted applications;
14). registers the candidates running in National Assembly
majoritarian elections and issues them a certificate of the sample approved by the Central
Electoral Commission; in the cases envisaged by the law recognizes their registration as
out of force or invalid; issues to representatives of candidates nominated for the
community head or council member, certificates of proxies, in the amount envisaged by the
law;
15). registers and issues certificates to the candidates nominated for the community
head and council member;
16). clarifies, summarizes and approves the results of elections to local
self-governing bodies; in the cases prescribed by the law conducts verifications,
recognizes the elections as held, invalid or not held;
17). summarizes the results of the elections of the community head and council member;
18). issues certificates to the elected community heads and council members;
19). clarifies and summarizes the results of the presidential elections, the National
Assembly proportional and majoritarian elections, as well as the results of elections to
local self-governing bodies, and with exception of the results of the elections to local
self-governing bodies, submits them to the Central Electoral Commission.
20). oversees the process of implementation of this Code by Precinct Electoral
Commissions;
21). applies to competent state bodies in the event of violation of this code;
22). performs other powers envisaged by this Code.
Article 43: Powers of Precinct Electoral Commissions
1. The Precinct Electoral Commission
1). controls the means of the state budget allocated to it for the preparation and
conduct of elections;
2). organizes the voting, summarizes its results at the precinct and submits them to
the Regional Electoral Commission;
3). resolves the issue of disputed ballots by a vote;
4). creates conditions for the free conduct of elections at the precinct, ensures the
procedure for voting established by this Code;
5). applies to competent state bodies in the event of violation of this code;
6). implements other powers envisaged by this code;
2. Precinct Electoral Commissions operate on the basis of regulations adopted by the
Central Electoral Commission.
Article 44: Submission and Receipt of Election Documentation at
Electoral Commissions
1. Election documentation 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 Regional
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 are
transferred from Regional 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 Regional Electoral Commission submits them to the state archives
of Armenia for preservation in the established procedure.
Article 45: Cooperation between Electoral Commissions and the Law
Enforcement Bodies
The national and regional bodies of the Ministry of Interior Affairs and National
Security, their services and subdivisions shall ensure the natural course for conducting
the elections, the unhindered activity of electoral commissions and their members, and
support the commissions, upon the commissions’ request, for the establishment of due
order during the events related to elections.
|
