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THE ELECTORAL CODE OF THE REPUBLIC OF ARMENIA

of May 28, 2016 No. ZR-54

(as amended on 28-06-2018)

Accepted by National Assembly of the Republic of Armenia on May 25, 2016

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. Bases of elections

1. Elections to National assembly, local government boards, heads of municipalities, except for heads of the municipalities provided by this Code, are carried out on the basis of general, equal, free and direct suffrage, by secret vote.

Article 2. Common voting right

1. During elections to National assembly the citizens of the Republic of Armenia who reached 18 years in the election day have the voting rights (further – ballot day).

2. During elections to local government bodies the citizens of the Republic of Armenia who reached 18 years in ballot day in the register of municipality in which elections are held have the voting rights:

1) at least 6 months staying on the registry till ballot day,

2) those citizens of the Republic of Armenia who are not staying on the registry at least 6 months till ballot day which stayed on the registry in municipality in connection with dismissal from obligatory military service or release after execution of custodial sanction

3) the persons which do not have citizenship of the Republic of Armenia, staying on the registry at least one year till ballot day (further – the voter who does not have nationality).

3. During elections to the local government bodies of the right and obligations established by this Code for citizens of the Republic of Armenia extend also to the faces having the voting rights during elections to local government bodies.

4. Persons recognized as incapacitated do not own the voting right it agrees to the court order which took legal effect, and also convicts on the sentence which took legal effect for maliciously the committed heavy and especially serious crimes and serving sentence.

Article 3. Equal suffrage

1. Voters participate in elections on an equal basis.

2. The public authorities provide equal conditions for realization of the voting right of voters.

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

Article 4. Free voting right

1. Elections are held on the basis of liberty principles and voluntariness of realization of the voting right. Nobody has the right to oblige the voter to vote for or against any candidate (batch), and also to force the voter to participate or not to participate in elections.

Article 5. Direct suffrage

1. The national assembly, local government bodies, except for heads of municipalities of Yerevan, Gyumri, Vanadzor, are elected directly by voters.

Article 6. Confidentiality of vote

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

Article 7. Obligation and frequency of elections

1. Elections to National assembly, local government bodies are carried out periodically, in the terms established by the Constitution and this Code.

2. During warlike or emergency state elections to National assembly and local government bodies are not carried out. Not earlier, than in 50 days and no later than in 65 days after the end of warlike or emergency state, new regular elections in the National assembly, local government bodies which are not carried out because of warlike or emergency state are held. New regular elections are appointed by the decree by the President of the Republic of Armenia no later than in 7 days after the end of warlike or emergency state.

Article 8. Publicity of elections

1. Elections are prepared and carried out publicly.

2. Normative sublegal legal acts of Central Election Commission are published and become effective according to the procedure, established by the Law of the Republic of Armenia "About legal acts".

Normative sublegal legal acts of Central Election Commission are posted on the website of Central Election Commission till next day after their state registration and registration in Central Election Commission, and in case of elections to National assembly – on the same day.

Individual legal acts of Central Election Commission become effective according to the procedure and the terms established by the Law of the Republic of Armenia "About legal acts", except as specified, established by this Code. These acts are posted on the website of Central Election Commission until the end of the next day after their acceptance.

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 relevant electoral commissions are provided with necessary program technical means and means of communication, the equipment and property.

4. Batches (party blocks) participating in elections to National assembly, Councils of the city of Yerevan (further – Yerevan), the city of Gyumri (further – Gyumri), the cities of Vanadzor (further – Vanadzor), can represent the election programmes in the electronic form established by Central Election Commission for placement on the website of the commission. The Central Election Commission posts these programs on the website before the termination of the next working day after their representation, but not earlier than official start of election campaign.

5. Candidates within 5 days after the termination of the term established by this Code for registration represent the declaration on the property and the income to the relevant electoral commission.

Within 5 days after the termination of the term established by this Code for registration of the electoral lists of batches (party blocks), batches (the batch included in the party block) participating in elections represent to Central Election Commission the declaration on property and on the income of batch (the batches included in the party block).

In the declaration are specified structure of the property as of 1 date established by this Code for submission of documents for registration and also income gained during 12 calendar months about month of submission of documents for registration.

The form of declarations (electronic form) and procedure for representation are established by Central Election Commission.

6. In three-day term after submission of declarations of the batches (the batches included in the party block) participating in elections, they are posted on the website of Central Election Commission. Copies of declarations of candidates, based on the written application, are provided to authorized representatives, representatives of mass media, observers.

7. During elections to National assembly the body authorized by the Government of the Republic of Armenia keeping the register of voters of the Republic of Armenia (further – authorized body), for 30, 20, 10 days before carrying out vote is published by total number of the voters included in the register of voters of the Republic of Armenia with indication of also number of voters on the location and the voters who are not staying on the registry. During elections to National assembly on the eve of vote the authorized body publishes total number of the voters included in the register of voters of the Republic of Armenia with indication of also number of voters on the location and the voters who are not staying on the registry, the employees of police sent to the polling precincts, total number of the voters who are in the medical institutions performing hospitalization.

8. 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 terms of promotion and registration of candidates, day, the place, time of carrying out vote, results of vote and elections.

9. In day of carrying out vote precinct election commissions 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 during elections to National assembly in day of carrying out vote 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 the polling precincts, the regional centers and municipalities of area having more than 10 000 voters and to the city of Yerevan. After publication of information about number of the voters who took part in vote they on the polling precincts, are posted on the website of the Commission.

The Central Election Commission during elections to National assembly publishes the data specified by this part on the air of Public radio and public television from the residence of Central Election Commission.

10. During elections to National assembly, Council of Yerevan, Central Election Commission no later than since 00:00 hours of the next day after day of carrying out vote, performs tabulation of results of vote on the polling precincts, districts served by the district commissions and to constituencies. The Central Election Commission finishes tabulation of preliminary results of vote and posts with possibility of loading on the website the commissions no later than within one hour after obtaining from the polling precinct of the latest data on results of vote, but no later than within 24 hours after vote completion.

During elections to National assembly, Council of Yerevan, Central Election Commission after decision making by results of vote no later than within one hour after the end of meeting places final tabulation of results of vote on the polling precincts, districts served by the district commissions and to constituencies on the website of the commission with possibility of loading.

11. 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, visitors, 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, visitors, representatives of mass media can make photographing, video of meetings of the electoral commissions (including, meeting on summing up vote on the polling precinct), and also voting process, without violating the rights of voters to the mystery of vote.

11.1. The Central Election Commission permits the specialized organization chosen during elections to National Assembly in the procedure established by the Government to perform video filming of voting process and process of generalization of results of vote on all polling precincts and simultaneous the Internet broadcast of voting process and process of generalization of results of vote of all polling precincts in real time by means of specially created (created) the website (websites).

Video filming shall be performed by means of motionless video cameras. In the field of vision video cameras there shall be box for vote, local center and entrance to it in radius of 50 meters, and also processes of registration of voters, issues of envelopes for vote and voting bulletins and generalization of results of vote. Video filming and the Internet broadcasting shall be performed with respect for the principle of confidentiality of vote established by this Code.

The owner of the territory of the electoral center and the electoral commissions shall assist the specialized organization in question of the organization of process of video filming and the broadcasting Internet, however they do not bear responsibility for the organization of process and its quality.

The specialized organization based on the written application provides copies of materials of the video filming performed on the polling precinct, to the electoral commissions participating in elections to the batches and the organizations performing observer mission with condition of payment of cost of copying. The application can be submitted before the termination of the term established for contest of the resolution of Central Election Commission on election in National Assembly, and in case of contest of this resolution - before adoption of the resolution of the Constitutional Court. The statement shall include number of the polling precinct which of materials of video filming the copy will be requested, and together with the statement the electronic medium meeting the requirements established by the specialized organization shall be provided.

Materials of video filming are archived by the specialized organization and stores them according to the procedure, established for storage of the selective documents.

12. The number of the voters staying on the registry in military units as general, and on the polling precincts, numbers and the location of the polling precincts where the voters included in electoral registers, constituted in military units electoral registers vote are not subject to publication are not made of them endurance.

Chapter 2. Electoral registers

Article 9. Maintaining register of voters, creation of electoral registers

1. The register of voters of the Republic of Armenia is the document of permanent maintaining which is constituted on the polling precincts and municipalities. The register of voters of the Republic of Armenia includes the citizens of the Republic of Armenia who entered the state register of the population of the Republic of Armenia, staying on the registry in one of regions of the Republic of Armenia and having the voting rights.

The voters who are not staying on the registry in the Republic of Armenia and also the voters having the voting rights during elections to the local government bodies which do not have nationality do not join in the register of voters of the Republic of Armenia that does not limit their voting right.

2. The register of voters of the Republic of Armenia conducts and electoral registers are constituted by 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.

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

4. The authorized body 2 times a year, in June and in November (within the first week) represents electronically the register of voters of the Republic of Armenia on municipalities, and in case of elections to National assembly, not later than 41 days and in 5 days prior to ballot day, also on the polling precincts, Central Election Commission for placement on the website of the commission, with possibility of search. The register of voters of the Republic of Armenia is constant and indivisible component of the website of Central Election Commission.

5. Everyone has the right to submit the application in authorized body for elimination of the abnormalities (including, not belonging to person) which found the place in the register of voters of the Republic of Armenia. The statement shall contain necessary reasons, and proofs of the actual circumstances shall be attached to it. The authorized body within 30 days after receipt of the statement in case of availability of the bases established by the Law of the Republic of Armenia "About the state register of the population", eliminates abnormalities in the register of voters, in writing notifying on it the applicant.

Article 10. Inclusion of voters in the list

1. On the basis of the register of voters of the Republic of Armenia the electoral register of municipality, on the polling precincts which join persons having the voting rights during the corresponding elections according to Article 2 of this Code is constituted.

2. During each vote the voter can be included only in one electoral register and only once.

3. In case of elections to National assembly the voters staying on the registry in other municipality not later than 10 days till ballot day submit the application to the head of authorized body or its relevant division (further – authorized body) about temporary exit from the electoral register in the place of accounting, having specified the location in ballot day. The authorized body in three-day term after receipt of the statement temporarily deletes data of the voter from the electoral register on the place of accounting and adds them to the electoral register of the polling precinct on the location. In case of submission of the statement on behalf of other person, the applicant shall show the notarized power of attorney. The authorized body about it issues the corresponding reference. Application forms and references are established by Central Election Commission.

4. During elections to National assembly members of precinct election commissions can be included only in the electoral register of that polling precinct on the location where they are appointed members of the precinct election commission, temporarily leaving the electoral register in the place of accounting. The application for inclusion in the electoral register of the polling precinct on the location of members of the precinct election commission can be submitted in authorized body also by the head of the batch which appointed it or the head of the precinct election commission, based on the statement of the member of the precinct election commission not later than 10 days till ballot day, till 14:00 o'clock. The application form is established by Central Election Commission.

5. The voters who are not staying on the registry in the Republic of Armenia for participation in elections to National assembly not later than 10 days till ballot day submit the application in authorized body for temporary inclusion in the electoral register, having specified the location address in the Republic of Armenia in ballot day. The authorized body in three-day term after receipt of the statement includes the voter in the electoral register of the polling precinct on the location in the Republic of Armenia in ballot day and issues it about it the reference. Application forms and references are established by Central Election Commission.

6. During elections to National assembly the Police of the Republic of Armenia under the Government of the Republic of Armenia (further – Police) not later than 10 days till ballot day till 14:00 o'clock constitutes the list of the employees of police sent to the polling precincts in ballot day, having entered names, surnames, middle names, number, month and birthday (further – date), the address of accounting and number of the polling precinct. The authorized body according to these lists temporarily deletes employees of police from the electoral register in the place of their accounting and includes in electoral registers in the place of the direction.

7. During elections to National assembly the head of the medical institution performing hospitalization not later than 7 days till ballot day till 14:00 o'clock represents to authorized body the list of persons interested to participate in elections of the voters who are on hospitalization and not having opportunity independently to be in the local center in ballot day, having entered surname, name, middle name, birth date and the address of accounting.

The authorized body according to the provided lists temporarily deletes from electoral registers of the place of accounting of the voters who are on hospitalization and according to requirements imposed by article 11 of this Code to electoral registers constitutes the additional list of the voters participating in vote in the medical institution performing hospitalization.

8. During elections to National assembly the military personnel who is on obligatory conscription service and also the contract servicemen staying on the registry in the territory of arrangement of military units and together with them - the members of their families having the voting rights staying on the registry in the territory of arrangement of military units are included into the electoral register of military unit.

9. During elections to National assembly not earlier than in 50 days, 10 days and 6 days prior to ballot day the Ministry of Defence, Service of homeland security and Police represent to authorized body and Central Election Commission number of the voters staying on the registry respectively in military units, armed forces of homeland security and police, in the procedure established by Central Election Commission.

10. The contract servicemen staying on the registry out of the territory of military unit join in the electoral register in accordance with general practice.

11. The head of criminal and executive organization not later than 10 days, 5 days and 3 days till ballot day represents to Central Election Commission number of the voters staying on the registry in criminal and executive organization, in the procedure established by Central Election Commission.

The electoral register, staying on the registry in criminal and executive organization, the head of criminal and executive organization in 3 days prior to ballot day constitutes.

Article 11. Requirements imposed to electoral registers

1. Electoral registers are constituted according to addresses of accounting of voters. During elections to National assembly in the electoral register of the site with numbering according to the procedure of the sequence separate Sections join also electoral registers on the location, not staying on the registry, the employees of police sent to the polling precincts.

2. In the lists which are hung out in the local center the name of the region (Yerevan), number of the constituency, serial number of the polling precinct, the name of municipality (the administrative district), and in separate column are specified:

1) number of the voter in the list of this polling precinct,

2) surname, name, middle name (middle name – in the presence in the relevant documents of accounting),

3) birth date,

4) the accounting address, in case of the voters who are not staying on the registry in the Republic of Armenia, the location address in the Republic of Armenia in ballot day.

3. The numbering specified in Item 1 of part 2 of this Article in the electoral registers used by the electoral commissions is carried out on the polling precincts, on each page of the electoral register also number of the polling precinct is specified.

4 more columns are provided in the electoral registers specified in this part:

1) for data of the identity document,

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 records. In electoral registers additional records in the cases established by Central Election Commission and procedure are made.

4. Electoral registers are constituted in the form of the magazine with the numbered pages on number of voters to 1000 people, but with calculation that each magazine of electoral registers provided to the polling precinct having more than 1000 voters shall include data of approximately identical number of voters. On each page of the electoral register data no more than 20 voters can be specified.

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

6. Electoral registers are constituted by authorized body also in electronic form by means of the special software. Electronic lists in the format established by Central Election Commission and procedure are loaded previously into the technical equipment provided to the respective precinct election commission performing registration of voters (further – technical equipment) and contain:

1) surname, name, middle name (middle name – in the presence in the relevant registration documents) the voter,

2) number of the polling precinct which list includes the voter,

3) number of the voter in the electoral register of the respective polling precinct,

4) birth date of the voter,

5) the address of accounting of the voter, in case of the voters who are not staying on the registry in the Republic of Armenia, the location address in the Republic of Armenia in ballot day.

6) number of the ID card of the voter, number of the biometric passport and not biometric passport (if the voter has the relevant documents proving the identity). During elections to local government bodies – number of this Code of the identity document of not having nationality of the voter specified by part 1 of article 66,

7) for voters of this district, the photo which is also available in the digital database (if the voter received the ID card or not biometric passport after January 1, 2008).

7. The electoral registers constituted in military units, criminal and executive organizations and places of content of the detained persons constitute, number, sign and commanders of military units, heads of criminal and executive organizations and heads of places of content of the detained persons certify seal each page of the list respectively. The electoral registers specified in this part are not constituted in electronic form and not loaded into the technical equipment provided to the respective precinct election commissions.

8. Additional lists of the voters who are on hospitalization are not constituted electronically and not loaded into the technical equipment provided to the respective precinct election commissions.

Article 12. Provision of electoral registers to the electoral commissions and owning the territories of the local center

1. The authorized body not later than 40 days till ballot day provides owning the territories of the local center the electoral register which on the last page includes the certificate of terms, the place of filing of applications of abnormalities in electoral registers, about procedure and terms 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 5 days in case of elections to National assembly, Council of Yerevan, provides to Central Election Commission the certificate of number of voters on constituencies and the polling precincts. During elections to Councils of Gyumri, Vanadzor, heads of community and members of council, the authorized body in 10 days and in 5 days prior to vote provides to regional electoral commission the certificate of number of voters on the polling precincts and districts.

No later than in 3 days after calling of an election the authorized body provides to Central Election Commission the certificate of number of voters, during elections to National assembly, on the polling precincts, and during elections to local government bodies, on districts. The specified references are published on the website of the commission.

3. The electoral registers constituted by authorized body, hung out in the local center and used by the precinct election commission, are constituted in the form of the magazine (including, the additional list of the voters who are on hospitalization), on the polling precincts, and the authorized body provides addresses of residential buildings (houses) included in the selective in the site, and also stipulated in Clause the 15th of this Code the forms necessary for creation of additional lists of voters in the polling precinct in ballot day in 3 days prior to ballot day to chairmen of precinct election commissions.

4. The commander of military unit provides electoral registers, staying on the registry in military unit, in 3 days prior to ballot day in the closed and sealed envelope which opens only in ballot day, the precinct election commission while the voters included in the list of military unit come to the polling precinct.

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

6. The head of the place of content of the detained persons in ballot day constitutes the electoral register and transfers to the member of the precinct election commission organizing votes on the place of content of the detained persons by means of portable ballot-box.

Article 13. Availability of electoral registers

1. The electoral register of the Republic of Armenia, the cases except for provided by this Code, is free for acquaintance.

Electoral registers, the lists which took part in vote, except for signed by voters constituted in military unit, criminal and executive organization, the place of content of the arrested persons are published according to the procedure, established by this Code.

2. During elections to National assembly, Councils of Yerevan, Gyumri, Vanadzor the authorized body in 40 days and 4 days prior to ballot day posts online the electoral register on the polling precincts, to the address www.police.am. Electoral registers, posted online on the polling precincts, shall have possibility of loading.

3. Owning the territory of the local center in 40 days prior to ballot day hangs out the electoral register in the local center, on the place, visible to all.

4. In 2 days prior to vote the chairman of the precinct election commission hangs out electoral register copy, including, the additional list of persons which are on hospitalization in the local center, on the place, visible to all. These lists remain hung out in the electoral center till seventh day after vote.

5. Electoral registers, staying on the registry in military unit, in 10 days prior to vote are hung out in military unit, on the place, visible to the military personnel.

6. In case of forming more than one the polling precincts, not later than 4 days till ballot day the authorized body sends to voters of the notification on ballot day, number of the polling precinct, the address of the local center and time.

Article 14. Procedure for giving, consideration of the applications about abnormalities in electoral registers and elimination of abnormalities in electoral registers

1. Each citizen not later than 10 days before vote has the right to file in authorized body petition for elimination of abnormalities in electoral registers (including, not belonging to person). The authorized body within 5 days after receipt of the statement, but not later than 7 days till ballot day, in the presence of the bases established by this Code, eliminates abnormalities, notifying on it the applicant in writing. If the statement does not concern to the applicant, then in case of allowance of the application, the authorized body notifies on it by means of the website azdarar.am.

2. Within 5 days before ballot day, and also in ballot day, before the end of vote, everyone has the right to submit the application in authorized body for its inclusion in the electoral register. Decisions on statements for inclusion in electoral registers are made for such terms that the voter had opportunity to participate in vote. Provides the certificate of inclusion in the additional list of voters constituted in ballot day, authorized body to those persons who stay on the registry to the address included in the description of the respective polling precinct, but are absent in the electoral register of this polling precinct, and also to those persons who in the procedure established by this Code and terms submitted the application for temporary inclusion in the electoral register of the respective polling precinct in authorized body, the statement was not rejected, but they were not included in the corresponding list.

Form of the certificate of authorized body of inclusion in the additional list of voters constituted in ballot day which is subject to submission to local electoral committee, the Central Election Commission establishes. Based on the certificate of authorized body of inclusion in the additional list of voters constituted in ballot day, the local electoral committee in ballot day, in stipulated in Clause the 15th of this Code procedure, by means of creation of the additional list enters amendment in the electoral register.

3. Disputes on elimination of abnormalities in electoral registers and introduction of amendments in the list are solved according to the procedure of subordination or legal process, according to the procedure established by the Law of the Republic of Armenia "About bases of administration and administration production" or the Administrative Procedure Code of the Republic of Armenia. The higher authorized body or court adopts the act of elimination within 3 days after receipt of the claim (statement), for such terms that the voter had opportunity to participate in elections. The higher authorized body in case of grievance settlement (statement) during the day of vote and provides the previous 3 days the reference to the voter about its inclusion in the additional list of voters constituted in ballot day. The act of elimination of abnormalities in electoral registers performs authorized body. Based on the act of inclusion in the electoral register in ballot day, data of the voter the precinct election commission join in the additional list of voters constituted in ballot day in stipulated in Clause the 15th of this Code procedure.

Courts send the copy of court resolution about inclusion of voters in electoral registers in authorized body, also for introduction of corresponding changes in the register of changes.

4. The electoral commissions have no right to make changes – corrections or amendments to electoral registers (including, to additional lists) on own initiative.

Article 15. The additional list of voters constituted in ballot day

1. In ballot day the precinct election commission in the procedure established by this Code constitutes the additional list of voters.

2. The additional list of voters is constituted if voters who are not included in electoral registers (including, additional lists of persons which are on hospitalization) come to ballot day to the polling precinct and represent articles 14 of this Code provided by part 2 or 3 the reference or court resolution about inclusion in the additional list of voters which is drawn up in ballot day.

3. The documents which are the basis for inclusion in the additional list of voters are attached to the additional list.

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

5. Each page of the additional list of voters constituted by the precinct election commission is signed and certified seal by the chairman of the precinct election commission. After the end of vote at the end of the list the commission chairman specifies total number of the voters included in the additional list of voters constituted in ballot day.

Chapter 3. The polling precincts and local centers

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