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The document ceased to be valid since  June 1, 2016 according to article 144 of the Law of the Republic of Armenia of  May 28, 2016 No. ZR-54

THE ELECTORAL CODE OF THE REPUBLIC OF ARMENIA

of June 14, 2011 No. ZR-164

(as amended on 13-11-2015)

Accepted by National Assembly of the Republic of Armenia on May 26, 2011

Part one

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. Bases of elections

1. According to the Constitution of the Republic of Armenia election of the president of the Republic of Armenia, is held to National assembly and local government bodies of the Republic of Armenia on the basis of general, equal, direct suffrage, by secret vote.

2. Officials of state bodies and local government bodies within the powers allocated for them by the law bear responsibility for legality of preparation, the organization and elections.

3. The voting right is regulated by the Constitution of the Republic of Armenia and this Code.

Article 2. The voting right

1. In the Republic of Armenia the citizens of the Republic of Armenia who reached 18 years on the date of carrying out vote have to choose the right. The citizens who do not have citizenship of the Republic of Armenia have the voting right during elections to local government bodies if they on the date of carrying out vote stay at least than six months on the registry in the register of the population of municipality in which elections are held.

2. The rights and obligations established by this Code for citizens of the Republic of Armenia during elections to local government bodies extend also to persons having the voting right in case of elections to local government bodies.

3. The citizens recognized by a court decision incapacitated, and also convicts to imprisonment and serving sentence in criminal and executive organization according to the court verdict which took legal effect cannot choose and be elected.

4. The military personnel undergoing compulsory military service or training sessions, detainees or the arrested persons, and also the citizens who are not staying on the registry in the Republic of Armenia cannot participate in vote on elections to local government bodies and elections to National assembly on majority electoral system.

5. The citizens who are not staying on the registry in the Republic of Armenia participate in the vote on nation-wide elections (nation-wide are election of the president of the Republic and elections to National assembly on pro rata electoral system) in case of their inclusion in additional lists of voters according to the procedure established by this Code.

Article 3. Equal suffrage

1. Citizens participate in elections on an equal basis.

2. The state provides equal conditions for realization of the voting right of voters.

3. Voters have the right to choose and be elected, irrespective of nationality, race, floor, language, religion, political or different views, social origin, property or other status.

Article 4. Direct suffrage

1. The president of the Republic, deputies of National assembly, local government bodies, except for the mayor of Yerevan, are elected directly.

Article 5. Confidentiality of vote

1. Vote is secret. For the voter the mystery of vote is not only the right, but also obligation. Control of free declaration of will voting is forbidden.

Article 6. Publicity of elections

1. Elections are prepared and carried out publicly.

2. Normative resolutions of Central Election Commission are published according to the procedure, established by the Law of the Republic of Armenia "About legal acts". Individual decisions of Central Election Commission are posted on the website of Central Election Commission after their acceptance, and its normative decisions - after obtaining in the procedure for state registration and registration established by the legislation in Central Election Commission - on the same day during nation-wide elections, in case of other elections - before the termination of the next working day.

The website of Central Election Commission is www.elections.am.

3. For the purpose of ensuring publicity and transparency of the organization and elections, increase in level of awareness of society, safety, security and smooth operation of the website, the automated Elections system of the Central Election Commission ought to realization of the powers allocated by this Code for the electoral commissions the last are provided with necessary program technical means and means of communication, the equipment and property.

4. During nation-wide elections and elections to Council of the Yerevan city hall the candidates participating in elections on pro rata electoral system of batch (party blocks) can represent the election programmes in the electronic form established by Central Election Commission for their placement on the website of Central Election Commission. The Central Election Commission posts these programs on the website before the termination of the working day following their representation.

5. Candidates within 5 days after the termination of the term established by this Code for registration of candidates represent to the relevant electoral commission the declaration on the property and the income, and candidates for president of the Republic - also the autobiography and one photo.

6. Batches (the batch included in the party block) participating in elections on pro rata electoral system within 5 days after the termination of the term established by this Code for registration of the electoral lists of batches (party blocks) represent the declaration on property and on financial resources of batch to Central Election Commission.

The Central Election Commission establishes forms of declarations (for candidates for president of the Republic, batches and included in party blocs of parties - and electronic forms), procedure for their representation, and also day as of which the declaration on property, and the period for which the declaration on the income is submitted is submitted.

7. Declarations of candidates for president of the Republic, batches in three-day time after their representation are posted on the website of Central Election Commission, and copies of declarations of other candidates based on the written application are provided to members of the electoral commissions, authorized representatives, representatives of mass media, observers.

8. The authorized body keeping the Register of voters of the Republic of Armenia during the election of the president of the Republic and elections to National assembly - for 30, 20, before carrying out vote and in the day preceding carrying out vote - publishes 10 days total number of the voters included in the Register of voters of the Republic of Armenia with indication of also number of the voters included in each additional list.

9. Voters in the procedure established by this Code are informed on structure, the locations, working hours of the electoral commissions, submission due dates of statements for the available abnormalities in electoral registers, on promotion, registration of candidates, day of carrying out vote, results of vote and elections.

10. Precinct election commissions in day of carrying out vote shall 11.30, 14.30, to report 17.30 and 20.30 hours in district electoral commission data on number of the voters who took part in vote on this polling precinct respectively to 11.00, 14.00, 17.00 and 20.00 hours. District electoral commissions with the same frequency generalize, publish and transfer the specified data to Central Election Commission. The Central Election Commission in day of carrying out vote during nation-wide elections publishes at 9:00 o'clock data on the course of elections, and since 12:00 hours till 21:00 o'clock with three-hour frequency publishes the information about number of the voters who took part in vote as of prior hour on areas (in the area - also on the regional centers and municipalities of area having more than 10000 voters) and to the city of Yerevan. After publication of information about number of the voters who took part in vote they are posted on the website of the Commission for the polling precincts.

11. The Central Election Commission not later than since 00:00 o'clock in the afternoon, the carrying out vote following behind day, performs tabulation of results of vote on the polling precincts. The Central Election Commission finishes tabulation and placement on the website of the commission of preliminary results of vote not later than within one hour after obtaining from the polling precinct of the latest data on results of vote, but not later than within 24 hours after vote completion.

12. At meetings of the electoral commissions, and also during all vote in the local center in the procedure established by this Code authorized representatives, observers, representatives of mass media, and also members of higher electoral commission - in consent or the order of the chairman of higher electoral commission have the right to be present. Authorized representatives, observers, representatives of mass media can make photographing, video of meetings of the electoral commissions, and also voting process, without violating the rights of voters to the mystery of vote.

13. The Central Election Commission in the cases provided by part 10 of this Article publishes data on the air of Public radio and Public television of Armenia - from the residence of Central Election Commission.

Chapter 2. Electoral registers

Article 7. Maintaining register of voters, creation of electoral registers

1. The register of voters of the Republic of Armenia - constantly kept document which is constituted on areas and municipalities. The Register of voters of the Republic of Armenia joins the citizens of the Republic of Armenia brought in the State register of the population of the Republic of Armenia, who are staying on the registry in any municipality of the Republic of Armenia and having the voting right.

The citizens who are not staying on the registry in the Republic of Armenia, and also not having citizenship of the Republic of Armenia persons having the vote right during elections to local government bodies do not join in the Register of voters of the Republic of Armenia that does not limit their right to be entered in electoral registers.

2. The register of voters of the Republic of Armenia conducts and electoral registers are constituted by the authorized body of public administration of the Government of the Republic of Armenia keeping the State register of the population (further - authorized body). The authorized body is responsible for maintaining and creation of the Register of voters of the Republic of Armenia and the electoral register according to requirements of this Code.

3. In the cases and procedure provided by this Code, electoral registers are constituted also by heads of criminal and executive organizations, places of content of the arrested persons and commanders of military units.

4. The authorized body twice a year, in June and November (within the first week), represents to Central Election Commission in electronic option the Register of voters of the Republic of Armenia on municipalities, and in case of nation-wide elections - not later than 41 days about day of carrying out vote also on the polling precincts, for its placement with possibility of search on the website of Central Election Commission. The register of voters of the Republic of Armenia is constant and inseparable component of the website of Central Election Commission.

Article 8. Inclusion in electoral registers

1. Based on the Register of voters of the Republic of Armenia the electoral register of municipality on the polling precincts in which according to Article 2 of this Code join persons having the voting right during the corresponding elections is constituted.

2. The voter during each elections can be included only in one list and only once.

Local government bodies during elections cannot include in electoral registers of municipality of citizens which are registered in municipality after calling of an election. Provisions of this paragraph do not extend to citizens who are registered in municipality in view of the circumstances caused by marriage, demobilization from obligatory conscription service, release from serving sentence in the form of imprisonment, resettlement for the purpose of reasons for permanent residence in the Republic of Armenia or acquisition in this municipality of real estate.

3. In case of nation-wide elections the voters staying on the registry in other municipality not later than 7 days about day of carrying out vote give to the head of authorized body or its relevant division (further - authorized body) the statement for temporary exit from the electoral register in the place of accounting, having specified the location address in day of carrying out vote. The application form affirms Central Election Commission.

The authorized body after receipt of the statement submits within three-day term to the voter the certificate of withdrawal of its data from the electoral register in the place of accounting and their inclusion in the additional list of voters of the polling precinct in the place of its stay. The form of the reference affirms Central Election Commission.

4. The voters who are not staying on the registry in the Republic of Armenia for participation in vote during nation-wide elections not later than 7 days about day of carrying out vote submit the application for inclusion in the electoral register to authorized body, having specified the address of the place of the stay in the Republic of Armenia in day of carrying out vote. The authorized body in three-day time after receipt of the statement includes the voter in the additional list of voters of the next polling precinct in the place of its stay in the Republic of Armenia in day of carrying out vote and provides it about it the reference. Application forms and references affirm Central Election Commission.

5. The police of the Republic of Armenia during nation-wide elections not later than 4 days about day of carrying out vote, till 14:00 o'clock, constitutes the list of the employees of police sent in day of carrying out vote to the polling precincts, having entered in it surname, name, middle name, day, month and year of birth (further - date) the births and the address of the place of condition on accounting of the voter. The authorized body according to these lists excludes employees of police from the electoral register in the place of their accounting, constitutes the additional list of the employees of police voting on the polling precinct according to requirements imposed to electoral registers by article 9 of this Code.

6. The head of the medical institution performing hospitalization during nation-wide elections not later than 5 days, till 14:00 o'clock, represents to authorized body the list of persons interested to participate in vote of the voters who are on hospitalization and not having possibility of independent appearance in the local center, having entered in it surname, name, middle name, birth date and the voter's address in the place of accounting.

The authorized body according to the provided lists excludes the voters who are on hospitalization from the electoral register in the place of their accounting, constitutes according to requirements imposed to electoral registers by article 9 of this Code, the additional list of the voters participating in vote in the medical institution performing hospitalization.

7. The military personnel undergoing obligatory compulsory military service or training sessions during nation-wide elections in case of their temporary release from service in the procedure established by the legislation is excluded from the electoral register of military unit and can join in the electoral register in the place of the permanent residence in case of submission of the request about inclusion in the electoral register in time established by part 3 of this Article. The commitment form and the list of the documents attached to it are established by Central Election Commission.

8. The military personnel of obligatory conscription service, and also staying on the registry in the territory of dislocation of military units the contractual military personnel and staying on the registry in the same territory members of their families, having the voting right the voters passing training sessions during nation-wide elections join in the electoral register of military unit.

9. The Ministry of Defence of the Republic of Armenia during nation-wide elections not later than 50 days about day of carrying out vote in the procedure established by Central Election Commission represents to the head of municipality, authorized body and Central Election Commission number of the voters staying on the registry in military units. Provisions of this part concern also to troops of homeland security and Police of the Republic of Armenia.

10. The contractual military personnel staying on the registry out of the territory of military unit joins in the electoral register of municipality in accordance with general practice.

11. Electoral registers, the arrested persons who are in the place of content, the head of criminal and executive organization in 3 days prior to day of carrying out vote constitutes.

Article 9. Requirements imposed to electoral registers

1. Electoral registers are constituted to addresses of the place of accounting of voters.

2. In the electoral register names of the area and municipality, and in certain graphs are specified:

1) the future issue of the voter in the list;

2) its surname, name, middle name (middle name - in case of its availability in accounting documents);

3) date of its birth;

4) the address in the place of accounting, in case of the voters who are not staying on the registry in the Republic of Armenia - residence address in the Republic of Armenia on the date of carrying out vote.

3. The numbering specified in Item 1 of part 2 of this Article in the electoral registers issued to precinct election commissions is made on the polling precincts, on each leaf of electoral registers also number of the polling precinct is specified, 4 more graphs are provided in it:

1) for series and number (further - number) the identity document of the voter;

2) for the signature of the voter;

3) for individual seal of the member of the commission responsible for registration of voters;

4) for additional marks. Additional marks in the electoral register are made according to the procedure, established by Central Election Commission.

4. In case of simultaneous carrying out more than one elections on each vote the separate column for the signature of the voter is provided.

5. Electoral registers are constituted in the form of the magazine and numbered by quantity to 1000 voters, but so that each magazine of electoral registers issued to the polling precinct having more than 1000 voters included data of approximately equal number of voters. On each page of the electoral register can be specified this concerning at most 20 voters.

6. The authorized body constitutes, numbers its pages, signs and certifies seal each page of the electoral register constituted by authorized body in the cases of the additional list of voters established by this Code.

7. The electoral registers constituted in military unit, criminal and executive organization and the place of content of the arrested persons constitute, number their pages, sign and commanders of military units, heads of criminal and executive organization and the place of content of the arrested persons certify seal each their page respectively.

Article 10. Provision of electoral registers to the electoral commissions and owner of the territory of the local center

1. The authorized body not later than 40 days about day of carrying out vote provides to the owner of the territory of the local center one copy of the electoral register which last page includes the certificate of terms, the place of filing of applications concerning abnormalities in electoral registers, procedure, term and conditions of their consideration, for posting in the local center. The form of the reference is established by Central Election Commission.

2. The authorized body in 10 days and in 3 days prior to day of carrying out vote in case of nation-wide elections and elections to Council of the Yerevan city hall provides to Central Election Commission, and in case of elections to local government bodies and by-election of deputies of National assembly on majority system - district electoral commission, the certificate of number of voters on constituencies and the polling precincts.

3. The electoral registers constituted by authorized body (including additional lists) printed on the polling precincts and addresses of the residential buildings (houses) included in the polling precinct in duplicate (the first copy of electoral registers, including additional lists constituted in the form of the magazine, the second copy - for posting in the local center), and also stipulated in Clause the 13th of this Code the forms necessary for creation of additional lists of voters are provided by authorized body to chairmen of precinct election commissions in 2 days prior to day of carrying out vote.

4. The authorized body in the terms established by parts 1 and 3 of this Article provides to Central Election Commission electoral registers on the electronic medium.

5. The commander of military unit provides to the chairman of district electoral commission electoral registers, staying on the registry in military unit, in 3 days prior to day of carrying out vote, in sealed envelope which is opened in the precinct election commission only in day of carrying out vote.

6. The head of criminal and executive organization transfers the electoral register to the chairman of the precinct election commission in 2 days prior to day of carrying out vote.

7. The head of the place of content of the arrested persons constitutes and transfers the electoral register to the member of the precinct election commission organizing vote in the place of content of the arrested persons by means of portable box for vote in day of carrying out vote.

Article 11. Availability of electoral registers

1. The electoral register of the Republic of Armenia, except for constituted in military units, and also signed by voters of lists is free for acquaintance.

The lists signed by voters are not subject to announcement, from them photocopies are not removed, their photography and video filming is not made.

2. The authorized body during nation-wide elections and elections to Council of the Yerevan city hall in 40 days and in 2 days prior to day of carrying out vote places the electoral register constituted on the polling precincts on the Internet. The posted online electoral registers on the polling precincts shall have opportunity for their downloading.

3. The owner of the territory of the local center in 40 days prior to day of carrying out vote hangs out the electoral register in the local center - on the place, foreseeable for all.

4. The chairman of the precinct election commission in 2 days prior to day of carrying out vote hangs out electoral register copy including copies of additional lists, in the local center - on the place, foreseeable for all. These lists remain hung out in the local center about day of the termination of powers of the precinct election commission.

5. Electoral registers, staying on the registry in military units, in 10 days prior to day of carrying out vote are hung out in military units - on the place, foreseeable for all military personnel.

6. In case of education in municipality more than one polling precinct the authorized body not later than 3 days about day of carrying out vote sends to voters of the notice on day of carrying out vote, number of the polling precinct, the place and time of carrying out vote.

Article 12. Procedure for filing of applications, consideration of the applications about elimination of abnormalities in electoral registers, and amendments of electoral registers

1. Everyone not later than 5 days about day of carrying out vote has the right to submit to authorized body the application for elimination of the abnormalities which are available in electoral registers (including not concerning the identity of the applicant). The authorized body in the presence of the good causes established by this Code within 5 days after receipt of the statement, but not later than 4 days about day of carrying out vote, enters necessary changes or amendments in the electoral register, having in writing notified on it the applicant.

2. Everyone within 4 days preceding day of carrying out vote and before completion of vote has the right to submit the application for its inclusion in the electoral register to authorized body. Decisions according to statements for inclusion in lists are passed in such terms that the voter had possibility of participation in vote. The form of the represented precinct election commission of the certificate of authorized body of not inclusiveness in the electoral register is established by Central Election Commission. Amendment the precinct election commission in day of carrying out vote by means of creation of the additional list according to the procedure, stipulated in Clause enters the 13th of this Code in the electoral register based on the certificate of authorized body of inclusion in the electoral register.

3. Disputes on elimination of abnormalities in electoral registers and entering into lists of amendments are permitted according to the procedure and the terms established by the Code of administrative legal proceedings of the Republic of Armenia. The court passes the decision on elimination of abnormalities in lists within 3 days after receipt of the statement. The court passes the decision on entering into the list of amendment in such terms that the voter had possibility of participation in vote. The judgment about elimination of abnormalities in electoral registers performs authorized body. Amendment the precinct election commission in day of carrying out vote by means of creation of the additional list according to the procedure, stipulated in Clause enters the 13th of this Code in the electoral register based on the decision on inclusion in the electoral register. Courts for the purpose of refining of the Register of voters send the copy of the decision on inclusion of voters in electoral registers to authorized body for entering of corresponding changes and into the Register of voters.

4. The electoral commissions have no right to make any correction - refining or amendment - to electoral registers (including in additional lists) on own initiative, except for corrections on the polling precinct in day of carrying out vote of spelling and technical errors, and also case, stipulated in Clause 13th of this Code.

Article 13. Additional lists of voters

1. The precinct election commission in the procedure established by this Code constitutes additional lists of voters. The documents which are considered as the basis for inclusion of the voter in the additional list of voters are attached to the additional list.

2. Additional lists of voters are constituted according to requirements imposed to the electoral registers issued to precinct election commissions for carrying out vote with addition of one column for specifying of number and date of the judgment or the reference of authorized body.

3. Each page of the additional list of voters constituted by the precinct election commission is signed and certified by seal of the chairman of the precinct election commission. After vote completion the commission chairman notes total number of the voters included in the additional list at the end of the list.

Chapter 3. The polling precincts and local centers

Article 14. The polling precincts

1. The authorized body with participation of the head of municipality and the member of district electoral commission not later than 45 days about day of carrying out vote taking into account local and other conditions forms the polling precincts for the purpose of creation of optimum conditions for carrying out vote.

2. The polling precincts are formed with numbering according to the procedure of their priority. The procedure for numbering of the polling precincts is established by Central Election Commission.

3. The polling precinct at the time of education shall not have more than 2000 voters. The number established by this part can change in cases of refining of electoral registers and cases, stipulated in Clause the 8th of this Code.

4. The polling precinct cannot include different settlements.

Article 15. Local center

1. Vote is taken in the local center.

2. The local center shall be located whenever possible closer to the residential buildings and houses which are on the polling precinct. The choice of the local center shall be made so that the normal voting process was provided. Owing to absence on the polling precinct of the respective buildings, the structures belonging to state bodies or local government bodies, the head of municipality for the purpose of creation of more favorable conditions for voters can lease the respective areas for accommodation of the district police officer of the center. For the room equipment for elections and vote in the location of the electoral center according to requirements, stipulated in Clause the 55th of this Code, the head of municipality answers.

3. The local center cannot be in the buildings occupied with state bodies and local government bodies, military educational institutions, army connections and healthcare institutions.

4. During nation-wide elections the local centers are formed also in places of content of the arrested persons.

5. Local government bodies undertake in the local centers necessary measures for ensuring availability of realization of the voting right with the voters having physical disabilities.

Article 16. Establishment of the local center

1. The head of municipality (in the cases established by this Code - also the head of criminal and executive organization) not later than 43 days about day of carrying out vote establishes the local center. The head of municipality notifies on it authorized body, the relevant district electoral commission and the owner of the territory of the local center.

2. In case of impossibility of the proper organization of vote or carrying out vote in the local center the head of municipality shall upon the demand of the chairman of district electoral commission not later than 5 days about day of carrying out vote, and in exceptional cases (natural disaster, accident, the fire or force majeure) as well in day of carrying out vote, to replace the location of the local center with the consent of the chairman of district electoral commission.

3. In case of change of the location of the local center the head of municipality informs on it voters without delay.

Chapter 4. Constituencies

Article 17. Constituencies

1. In the territory of the Republic of Armenia constituencies which number is equal to number of mandates of the deputies of National assembly elected on majority electoral system are formed.

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