CHAPTER ONE: MAIN PROVISIONS

Article 1: Electoral Basis

1. In accordance with Article 3 of the Constitution of the Republic of Armenia, elections of the President, elections to the National Assembly, elections of the local self-governing bodies of the Republic of Armenia are held through universal, equal, direct suffrage, by secret ballot.

2. Citizens of the Republic of Armenia participate in elections directly, by the expression of free will, on voluntary basis.

3. The state encourages that the elections of the President of the Republic, elections to National Assembly, local self-governing bodies are held under competitive and alternative principles.

4. The state holds responsibility for the preparation, organization and conduct of elections, and for the legality of elections.

Article 2: Citizens’ Voting Right

1. The citizens of the Republic of Armenia who have attained the age of 18 years have the right to vote.

2. During the preparation and conduct of the elections, the citizens of the Republic of Armenia who live or are living outside Armenia, have the right to vote. The Diplomatic and Consular Missions of the Republic of Armenia, in accordance with the Procedures set by this Code, guarantee the realization of the voting right of the Armenian citizens.

3. Citizens' right to be elected is regulated by the Constitution of the Republic of Armenia and this Code.

4. Disabled people, as well as the voters that have difficulty to participate in the elections, arrive at the Precinct centers and participate in the voting according to the Procedure established by the Central Election Commission.

5. Citizens who have been recognized incapacitated by a court ruling, as well as those that have been sentenced to imprisonment and endure punishment by a court judgement entered into legal force, cannot elect and be elected.

Article 3: Universal Suffrage

Citizens who have the right to vote, regardless of nationality, race, gender, language, religion, political or other conceptions, social origin, property or other status have the right to elect and be elected. Any restriction of the right to vote on the above-mentioned basis is prosecuted by the law.

Article 4: Equal Voting Right

1. Citizens participate in elections on equal basis.

2. Voters have equal votes.

3. The state ensures equal conditions for the exercise of the citizens' right to vote.

Article 5: Direct Voting Right

The President of the Republic, Deputies of the National Assembly, local self-governing bodies are elected directly. Voting through proxy is prohibited.

Article 6: Voting by Secret Ballot

Voting is by secret ballot. Oversight of the expression of voters' free will is prohibited and is prosecuted by law.

Article 7: Transparency of Elections

1. Elections are prepared and conducted in a transparent way.

2. Decisions of electoral commissions, national government and local self-governing bodies, related to the preparation and conduct of elections are published in the official press, within three days after the decisions have been taken.

3. In the course of the sessions of the commissions and during the voting, in the way prescribed by this Code, the state ensures the participation of proxies, observers and the representatives of mass media, in the activities of electoral commissions and ensures necessary and equal working conditions for them.

4. Three days before the elections of the President of the Republic and to the National Assembly the Central Election Commission publishes the total number of the voters in the Republic of Armenia.

5. In the procedure prescribed by this Code, citizens are informed about the composition, location and working hours of election commissions, on the formation of precincts and precinct centers, on the dates for presenting appeals about the inaccuracies in the voter lists, on the nomination and registration of candidates, on the day of the elections and the election results.

6. On the election day, the precinct electoral commissions are required to send data to the Regional Election Commission periodically – every three hours – on the number of voters that have participated in voting. Regional Election Commission sums up the mentioned data, publishes and periodically – every three hours – forwards it to the Central Election Commission. During national elections (with the exception of elections of local self-governing bodies) the Central Election Commission, starting from 11:00 a.m., regularly publishes the data on the number of voters that have participated in the elections. The last data is published not later than 11:00 p.m. The Central Election Commission officially publishes the final data on the number of voters that have participated in the elections on the next day at 12:00 p.m.

7. During the sessions of the electoral commissions, as well as at any time during the voting, proxies, accredited observers and the representatives of mass media have the right to be present at the precincts.

8. Immediately after the end of the elections, from 8:00 p.m. until the publication of the preliminary results of the elections, periodically – every three hours – there shall be live Television and Radio broadcasting.

Article 8: Expenses for the Preparation and Conduct of Elections

1. Expenses for the preparation and conduct of elections (including those for the compilation and conduct of voter lists) shall be borne from the state budget.

2. The procedure for the expenses of candidates in the period of the pre-election campaign and their reimbursement is determined by this Code.

CHAPTER TWO: VOTER LISTS

Article 9: Compilation and Conduct of the Voter Lists

1. All citizens of the Republic of Armenia that have the right to vote are included in voter lists.

2. Every citizen of the Republic of Armenia that has the right to vote is eligible for inclusion in one voter list only.

3. Voter lists are permanently managed documents and are compiled in communities, according to the precincts. Voter lists are reviewed every year, in January and June.

4. Voter lists are compiled and conducted by community heads by the power of authorities delegated to them.

5. In the cases envisaged by this Code, voter lists are compiled by the heads of the Diplomatic or Consular Missions of the Republic of Armenia in the foreign countries, by the heads of the institutions having the authority for detention of the citizens, and of the military units.

6. Citizens of the Republic of Armenia that have the right to vote, who live or are outside the territory of the Republic of Armenia, are included in the voter lists that are compiled outside the territory of Republic of Armenia.

7. In the event of the absence of a Diplomatic or Consular Mission of the Republic of Armenia in the state, which is the country of residence or where the voter is, the citizen can apply to the Diplomatic or Consular Mission of the Republic of Armenia in the state bordering, or located close to the state of residence or the state where the voter is, for the inclusion in voter lists.

8. The community head submits the voter lists by precincts to the head of the institution administering the territory of the precinct center and to the Regional Electoral Commission forty days before the elections.

9. The community head, on the basis of the applications of citizens, proxies and the members of the Commission, makes corrections starting forty days before the elections and within 35 days.

10. The Community head answers the applications about the correction of voter lists within three days.

Article 10: Inclusion of Citizens in Voter Lists

1. All citizens, who have the right to vote and are registered in a given community, as well as the citizens who reside temporarily or permanently in a given community but have no registration, but who have not later than five days before the elections presented an application to the community head on the inclusion of their name and last name in the voter lists, in the manner prescribed by the Central Election Commission, are necessarily included in the voter lists.

2. The lists of voters under detention are compiled by the head of that institution, with the participation of the member of the Regional Election Commission, three days before the elections.

3. The military and the members of their families, who have the right to vote, residing on the territory of a location of the military units, with the exception of the military units situated at least fifty kilometers away from the nearest settlement, are included in the voter lists of the relevant precinct (on the territory of which the unit is located), based on the data submitted on a common basis by the administration of the military unit.

4. The military that reside outside the military unit and have the right to vote are included in the voter lists on a common basis.

5. Voter lists of the military units situated at least fifty kilometers away from the nearest settlement are compiled by the chief of the military unit and submitted to the relevant Regional Commission not later than twenty days before the elections.

Article 11: Requirements for the Voter Lists

1. Citizens’ family name, given name, date of birth and address are mentioned in the voter lists.

2. The voter lists are compiled according to the citizens’ address of registration. The procedure for the inclusion of citizens that have no registration, in the voter lists, is established by the Central Election Commission.

3. Voter lists are compiled in the form of a register and paginated for up to 1000 voters. Each page of the register is signed and sealed by the community head.

Article 12: Publicity of the Voter Lists

1. Every person can freely get acquainted with the voter lists.

2. The head of the institution that administers the territory of the precinct center displays one copy of voter lists at the precinct center in a place visible for everybody, forty days prior to the elections.

3. Together with the voter lists, it is mandatory to display a notice, about the dates and place for presentation of applications on the inaccuracies in those lists, and the procedure, dates and conditions for their consideration.

4. The Chairman of the Precinct Electoral Commission displays the final version of the voter lists at the precinct center, in a place visible for everybody, four days prior to the elections.

5. After the elections, the voter lists stay displayed at the precinct center for at least seven days.

6. Every citizen has the right to receive from the community head the photocopies of the voter lists of that particular precinct, for the price established by the Central Election Commission. The community head has to deliver to the citizen the relevant voter lists, within three days.

Article 13: Submission of Voter Lists to Precinct Electoral Commissions

1. Heads of communities, heads of the military units situated at least fifty kilometers away from the nearest settlement submit two copies of voter lists to Chairmen of the Precinct Electoral Commissions, not later than four days prior to the elections and the heads of the institutions having the authority for detention of the citizens – not later than two days prior to the elections.

2. The Precinct Electoral Commissions have no right to make any change – addition or correction – in voter lists, on their own initiative.

Inaccuracies in Voter Lists and the Correction of the Lists

1. Every citizen has the right to apply to the community head with the request concerning the inaccuracies in voter lists, for the inclusion or withdrawal from voter lists of himself/herself or other citizens, not later than five days prior to voting. Applications are submitted in writing.

2. The community head, within three days considers applications concerning the inaccuracies in voter lists, makes decisions, and informs the citizens in writing on the results of the consideration of their applications; whenever possible those citizens whose names have been removed from the voter lists, are also informed.

3. Disputes on the inaccuracies in the lists can be appealed to the court. The court is required to examine the complaints within five days. The court is required to examine promptly and to pass judgment, that cannot be appealed, for the complaints submitted five days prior to the elections and on the election day. The Chairman of the Precinct Electoral Commissions based on the court ruling compile an additional voter list, attaching to the copy of the court ruling.

CHAPTER THREE Election Precincts and Precinct centers

Article 15: Election Precincts

1. For the purpose of the organization of voting and vote count, Precincts are formed, which are accordingly numerated.

2. Local self-governing bodies form Precincts, not later than 45 days prior to the elections, taking into consideration local and other conditions, with the intention of creating most favorable conditions for the exercise of the voters' election right.

3. The heads of the military units submit the number of the registered voters to the corresponding community heads before the formation of the precincts.

4. In the procedure established by the Central Election Commission, precincts are formed in the foreign countries – at the Diplomatic and Consular Missions of the Republic of Armenia, with the exception of elections of local self-governing bodies and the National Assembly, based on Majority system. Precincts are also formed at the institutions that have the authority for detention of the citizens, in the procedure established by the Central Election Commission.

5. Precincts are formed by the heads of those military units, which are situated at least 50 kilometers away from the nearest settlement.

6. A precinct comprises of not more than 3,000 voters.

6. A precinct cannot comprise of residential areas of different communities.

Article 16: Precinct centers

1. A precinct center shall be formed at the precinct.

2. A precinct center shall be formed at the premises of preschool education, academic, scientific, cultural, sports or other institutions under the subordination of state or local self-governing bodies.

3. A precinct center cannot be formed at the premises of national and local self-governing bodies, military-academic institutions, military units and healthcare institutions. A precinct center can be formed at the military unit located at least 50 kilometers away from the nearest precinct, at the institutions that have the authority for detention of the citizens, as well as at the precincts organized at the diplomatic and consular representations.

4. A precinct center shall be located as close as possible to the apartment blocks and houses situated within the precinct.

Article 17: Formation of Precinct centers

1. The community head designates a precinct center not later than 45 days prior to voting.

2. In the event of the impossibility of holding voting at the precinct center, upon the request of the Chairman of Precinct Electoral Commission, the community head changes the location of the precinct center at least three days prior to the elections, and in exceptional cases (natural disaster, accident, fire) also on the election day and the two days before it, upon the consent of the Chairman of the relevant of Regional Electoral Commission.

3. The community head, in the procedure established by the Central Election Commission, within 2 days informs the citizens on the formation of the precincts and designation of precinct centers, meanwhile informing about it, the head of the institutions that administers the premises of the precinct center.

4. The community head immediately informs the citizens if the location of the precinct center has been changed, in the procedure established in the second paragraph of this Article.

CHAPTER FOUR PRE-ELECTION CAMPAIGN

Article 18: Basic Principles of the Pre-Election Campaign

1. The state ensures the free implementation of citizens’ pre-election campaign. The pre-election campaign is exercised on equal basis. It is ensured by the state bodies, for the purpose of organization of pre-election meetings, meetings of candidates with the electorate and other events related to elections, by providing them halls and other premises, upon the request of electoral commissions. They are provided to the candidates and parties, participating in the elections, on equal basis, free of charge, in accordance with the established timetable and procedure.

2. Citizens, parties, party alliances (hereinafter party), and Non-Governmental Organizations of the Republic of Armenia have the right to campaign for or against any candidate or party, by means not prohibited by law.

3. The candidates and parties are guaranteed equal conditions for access to the mass media.

4. It is forbidden to conduct the pre-election campaign and to disseminate campaign documents of any kind to.

1). State and local self-governing bodies, as well as their staff while performing their official duties;

2). Members and Judges of the Constitutional Court, officials of the Ministry of Internal Affairs and National Security, officials of prosecutor's office, and the military;

3). Charitable and religious organizations;

4). Foreign Citizens and organizations.

5). The election campaign commences on the last day envisaged for the registration of candidates and parties, and ends on the day prior to the day of voting. Any election campaign is prohibited on the voting day and the day prior it. Campaign documents, which are not at the precinct center, stay in their place.

6). Pre-election campaign can be held through the means of mass media, through electoral public events (such as pre-election rallies and meetings with the electorate, public electoral discussions, debates, rallies, marches) by printing publications, disseminating audio and video materials.

7). During the pre-election campaign candidates and parties are banned from giving (promising), personally or through other means, money, food, bonds, and goods to citizens free of charge or on privileged terms or rendering (promising) services.

8). The candidates and the parties are bound to observe the procedure for the organization of the pre-election campaign. Election Commissions oversee the observance of the established procedure of the pre-election campaign. In the event of violation of that procedure the commission that has registered the candidate or the party, appeals to the relevant bodies, in order to prevent them, as well as to the Court – to declare the registration of that candidate or party electoral list null and void. The Court, after receiving such appeals from the election commissions, has to pass a judgement within five days period, and during the five days prior to the voting – immediately.

9). The arrested or detained candidates carry out their pre-election campaign though proxies. For that purpose, in the period of the pre-election campaign, the arrested or detained candidates have the right of having daily meetings, for up to two hours, with not more than three proxies, at the institutions that have the right to hold the arrested or the detained.

Article 19: Non-Allowance of Abuse of the Right of Pre-Election Campaigning

During the pre-election campaign it is forbidden to call for the violent overthrow of the constitutional order, racial, national, religious and other supremacy, publication and dissemination of materials stimulating racial, national or religious hatred.

Article 20: Pre-Election Campaign through Mass Media

1. Candidates for the President of the Republic and the Parties registered by the proportional system for the National Assembly have right of paid and free of charge airtime (including live broadcasting) on the state radio and television, on equal conditions.

2. The Central Election Commission establishes the procedure for the provision of free airtime on the state radio and television for candidates for the President of the Republic and for the Parties that have presented party lists based on the proportional system for the National Assembly.

3. Candidates and parties have the right to have airtime also on the local radio and TV companies, on equal conditions.

4. With the exception of the heads of the partisan press, the heads of the periodical press, one of the founding members of which is a body of state or local self-government or which entirely or in part are funded from the funds of state or local self-governing bodies, while publishing campaign materials ought to ensure equal conditions for the candidates and parties.

5. Pre-election campaign through the means of mass media is implemented in the form of public debates, round-tables, press conferences, interviews, political advertisements and other forms not prohibited by the law.

6. It is forbidden to intervene the radio and television broadcasts of pre-election campaign with the advertisements of goods and services.

7. It is forbidden to establish campaign headquarters at the precinct centers, and within seven days before the voting – campaigning at the precinct centers.

8. Television and radio broadcasts with election campaign shall be recorded on audio and videotape. They are preserved for at least six months.

9. The state and local self-governing bodies, for the purpose of meetings, rallies and assemblies, organized for pre-election campaigning, allocate required territories to candidates and parties free of charge, according to the procedure established by the Central Election Commission. It is forbidden to allocate historical-cultural buildings and adjacent territories.

Article 21: Procedure for the Use of the Campaign Posters and Other Means

1. Parties and candidates have the right to publish and disseminate posters, leaflets and other printed campaign materials, on an equal basis.

2. The community head, not later than five days after the start of the pre-election campaign, allocate special places within the community for the display of campaign posters. Those places shall be convenient for voters' attendance. Each precinct shall have not less than one such place.

Candidates and parties are allocated equal space in special places.

3. The depiction of the flag or the coat of arms of the Republic of Armenia on the campaign posters is prohibited.

4. It is forbidden to tear off the campaign posters displayed in special places, or making any graffiti on them.

5. The community heads ensure that the campaign posters of the candidates and parties not running for elections be promptly removed.

6. Printed campaign materials shall contain information about those organizations and people that are responsible for the publication, as well as the printing company and the quantity.

7. Dissemination of anonymous printed campaign materials is forbidden. Whenever anonymous or false printed campaign materials are found, the informed election commission takes measures to prevent such activity and addresses the relevant bodies in order to end the illegal activities.

Article 22: Prohibition of Influencing on the Expression of Citizens’ Free Will

1. Correspondents of state radio and television, staffs of the editorial offices that are registered as candidates are banned from commenting on the elections on the state radio and television.

2. During the pre-election campaign, the officials and members of the state and local self-governing bodies, as well as the employees of the state-owned mass media are banned from making use of their powers (authorities) for the creation of uneven conditions between the candidates, or influencing the expression of citizens' free will, through prejudiced support. Whenever nominated as candidates those people make use of the state-owned means of mass media in the procedure established by this code.

3. It is forbidden to publish the results of the public opinion polls on the ratings of candidates and parties within the last seven days of the pre-election campaign.

Article 23: Prohibition of the Pre-Election Campaigning on the Day of the Elections and the Day Prior to it

1. On the election day and the day prior to it, within the building where the precinct center is located or in its vicinity, as well as right at its entrance, it is forbidden to influence on the voters orally or in written form, through music or visual means, to collect signatures, as well as to campaign in other ways.

2. Until the end of the elections it is forbidden to publish voters’ survey results on the question of who they have voted for.

3. It is forbidden to assemble in groups on the day of the election in the area surrounding the precinct center, in the radius of 50 meters.

CHAPTER FIVE FUNDING OF THE ELECTIONS

Article 24: Funding of the Organization and Conduct of Elections

1. Expenses for the organization and conduct of elections, including the compilation of the voter lists, as well as the required expenses for the activities of electoral commissions are covered by the state budget. Relevant expenses are envisaged by separate budget line of the state budget.

2. The funds envisaged for the elections are allocated to the Central Election Commission within five days after the designation of elections.

3. In the event of the conduct of extraordinary elections they are funded from the reserve fund of the state budget, in the event of its impossibility they are funded from the reserve of the National Bank, on the condition that it is afterwards reimbursed from the state budget.

If the budgetary funds are not allocated to the Central Election Commission in time, or there are no funds available in the reserve of the Armenian National Bank, or the allocated means have not been sufficient, for funding the extraordinary elections or the second round of the elections, then the Central Election Commission has the right to receive loan from private banks on competitive basis, on the condition, that the loan will be paid off by the Government within 3 months time.

4. The Central Election Commission establishes the procedure for the distribution of financial resources between the commissions. Chairmen of the electoral commissions manage the financial resources and hold responsibility for the effective use of the financial resources in the procedure established by the Central Election Commission.

Article 25: Election fund

1. For the purpose of funding their pre-election campaign, candidates and parties have the right to create an election fund. The means of the election funds of the candidates for the President of the Republic and parties are accumulated in the Central Bank of the Republic of Armenia, and of the other candidates – in any bank, operating on the territory of the Republic of Armenia (on a special account). The means of the election fund are managed by the candidates and the parties. Based on the written application of the registered candidates and parties, banks open temporary special accounts. Revenues are not accumulated or paid of these accounts.

Election funds are formed from the following means:

1). personal means of the candidate;

2). means allocated to the candidate by the party, which has nominated him/her;

3). own means of the party;

4). voluntary contributions by physical and legal persons.

2. The following have no right to make contributions to the election funds:

1). state and local self-governing bodies;

2). budgetary institutions (organizations);

3). foreign physical and legal persons;

4). persons without citizenship;

5). those economic organizations, in the charter or share capital of which the Republic of Armenia or its communities have share

6). those organizations which have foreign means in the amount of more than 30 per cent in their share capital.

7). charitable and religious organizations, international organizations and international non-governmental movements.

The amounts paid to the election funds by the above-mentioned physical and legal persons are transferred to the state budget.

3. The Central Election Commission establishes the procedure for voluntary contributions to the election funds.

4. This Code establishes the maximum amount of contributions to the election funds by physical and legal persons. Contributions exceeding the established amount and the money left in the election funds after the elections are transferred to the state budget.

5. Means of the election funds are spent by the proxies of the candidate or the party.

6. Those banks, in which special temporary accounts have been opened, periodically – every three days – submit a notice to the relevant electoral commission on the contributions made to the election funds of candidates and parties. These banks return the amounts exceeding the maximum amounts established by this Code, to those having the right of making contributions to the election funds.

7. If the candidate or the party besides the means of the election fund uses other means for the pre-election campaign, the Court, based upon the application of the Central Election Commission, recognize the registration of the candidate or the party list out of force.

8. All the transactions connected with the accounts of candidates' and parties' election funds are terminated from the day of voting.

9. The Central Election Commission can allow candidates and parties to make payments from the fund after the voting day, for the transactions carried out before the day of voting.

10. In the event of the elections being declared invalid, the means in the election funds are frozen until the registration of candidates and parties for the new elections. The candidates and parties re-registered for new elections can use the means left in their election funds. In case the candidates or parties have not been registered for the new elections, the means left in their election funds are transferred to the state budget.

11. Not later than one month after the elections the candidates and parties submit a declaration to the electoral commissions that had registered them, on the use of the available amounts in their election funds. The Central Election Commission establishes the specimen of the declaration and the procedure for its submission. The declaration is published in the procedure established by the Central Election Commission.

Article 26: Oversight and Audit Service

An oversight-audit service is set up by the Chairman of the Central Election Commission, within the Commission, since the designation of the election day, with a view to implement oversight of the rational use of means allocated to the electoral commissions for the organization and conduct of elections, as well as for the accounting of contributions made to the election funds and oversight of those expenses. Relevant specialists can be included in the work of the service on contractual basis. The procedure for the activities of the oversight-audit service is established by the Central Election Commission.

CHAPTER SIX PROXIES, OBSERVERS and representatives of the mass media

Article 27: The Status of the Proxy

1. After the registration the candidates and parties, for the protection of their interests in their relationship with the electoral commissions, state and local self-governing bodies, organizations and the means of mass media can have proxies. Only citizens of the Republic of Armenia that have the right to vote can become proxies.

2. After the registration of candidates and party lists, sealed certificates are given to the proxies, based on the submitted, but no more than three times the number of precincts. Certificates are given within five days of the submission of the request. The relevant commission states the candidate’s first name, last name, and the name of the party, on the certificate. The candidate or the party leader fills out the certificates and allocates them to the proxies.

3. The Central Election Commission establishes the procedure for the registration of the proxies. The candidate or his/her authorized representative, and the party leaders can at any time recall their proxies and appoint the new ones, informing of it the relevant electoral commission, in writing.

4. Members of the Constitutional Court, judges, employees of the Ministry of Internal Affairs and National Security, Ministry of Defense, prosecutor's office, tax inspection and customs department, social insurance (services) agents, the military, the clergymen, members of electoral commissions, heads of the state-owned means of mass media and foreign citizens cannot become proxies.

Article 28: The Rights of the Observation Mission

1. During the election the following have the right of observation mission:

1). international organizations,

2). representatives of foreign countries,

3). those organizations of the Republic of Armenia and of foreign countries, whose charter provisions include issues of democracy and protection of human rights and who do not support the candidates or the parties

2. The Central Election Commission establishes the procedure for the implementation of an observation mission.

Article 29: Accreditation of the Observers

1. The organizations and the persons mentioned in Article 28 of this Code can implement observation after having been accredited at the Central Election Commission.

2. Requests for accreditation are presented to the Central Election Commission starting from the day of the designation of the elections, but not less than ten days prior to the day of voting.

3. The Central Election Commission submits the credentials for the implementation of observation to the relevant organization not later than seven days after the request has been received.

4. If the large number of the organizations that have applied for the observation can create technical difficulties for voting and vote count at the precinct centers, then the priority is given to those organizations, that guarantee the conduct of observation on all the territory of the Republic of Armenia.

5. In case if the observers, after having been accredited, support any candidate or party, the Central Election Commission has the right to deprive the relevant organization of the observation rights.

Article 30: Rights, Responsibilities and Guarantees of Activity of the Proxies, Domestic and International Observers (Hereinafter Observers), and the Representatives of Mass Media

1. Proxies, Observers, and the Representatives of Mass Media have the right to:

1). be present at the sessions of the electoral commission, and during the voting – at the precinct center;

2). get acquainted, without impediments, with the electoral documents ballot paper specimens, decisions of the electoral commission, protocols of the sessions, to receive their copies and to make excerpts;

3). appeal the decisions, actions or inaction of electoral commissions.

2. Proxies, Observers, and the Representatives of Mass Media have no right to intervene in the work of the electoral commission.

3. One proxy from each candidate and party, participating in the elections by the proportional system, can attend, with an advisory vote, the session of the electoral commission and during the voting.

4. On the voting day proxies and observers monitor the work of the electoral commission. To that end they can present their remarks and proposals to the Chairman of the Commission, who then takes appropriate measures.

5. No restriction of the rights of the proxies, observers, and the representatives of Mass Media is allowed.

6. Proxies, Observers, and the Representatives of Mass Media cannot be subjected to liability for their opinion expressed on the course of elections and summing up of election results.

SECTION TWO: ELECTORAL COMMISSIONS

CHAPTER SEVEN THE SYSTEM OF THE ELECTION COMMISSIONS,

THE STATUS OF THE ELECTION COMMISSIONS

Article 31: The System of the Election Commissions

During the elections Central Election Commission, Regional (Yerevan City – hereinafter Regional) and Precinct Election Commissions are formed in the Republic.

Article 32: The Election Commissions

1. The Election Commissions ensure the realization and the protection of the citizens’ voting rights. During the performance of their authorities, the Election Commissions are independent from the state and local self-governing bodies.

2. Central and Regional Election Commissions function on a permanent basis.

3. The decisions of the election commissions, adopted within the framework of their authorities, are binding.

Article 33: Status of the Members of the Election Commissions

1. Members of the election commissions are exempt from military call-ups and training exercises, and in the period of the national elections – from conscription.

2. During the national elections members of electoral commissions

can be subjected to administrative or criminal liability by court order, only with the consent of the Central Election Commission.

3. The Chairperson of the Central Election Commission, the Deputy Chairperson and the Secretary work on a permanent basis and have no right to perform other paid work, except for scientific, academic and creative work.

4. The authorities of the Central and Regional Election Commissions are carried out until the formation of new Central and Regional Election Commissions.

5. Authorities of the members of Precinct Electoral Commissions are terminated after seven days of the official publication of final results of the elections, in case there is no Court row.

6. Members of the election commissions have right to get acquainted beforehand to the issues and documents presented for discussion at the commission, to make statements during the commission sessions, to present proposals and to require voting to that end, to put questions to the members of the commission and to get satisfactory answers.

7. Members of the election commissions are required to carry out the instructions of the chairperson of the commission, given within the framework of the latter’s authorities.

8. Members of the superior election commission, upon the request of the chairperson of the relevant commission, have right to participate in the session of a subordinate election commission with an advisory vote, and be present at the precinct center on the day of elections.

9. In the period of their activities members of the election commissions can be free from the fulfillment of their productive or service duties.

10. Payment of the members of the election commissions, as well as their staff is covered from the means of the state budget. The salary of the Chairperson of the Central Election Commission is equal to that of the Chairman of the Court of Cassation. The salary of the Deputy Chairperson of the Central Election Commission is equal to that of the Chairman of the Chamber of the Court of Cassation. The salary of the Secretary of the Central Election Commission is equal to that of the judge of the Court of Cassation. The salary of the members of the Central Election Commission and the salary of the Chairperson of the Regional Election Commission, in the period of the national elections, is equal to that of the judge of the Court of Cassation. The salary of the members of the Regional Election Commission and the salary of the Chairperson, Deputy Chairperson and Secretary of the Precinct Election Commission, in the period of the national elections, equals to ten minimum salaries. The salary of the Chairperson, Deputy Chairperson and Secretary of the Regional Election Commission equals to ten minimum salaries. The salary of the Chairperson, Deputy Chairperson and Secretary of the Precinct Election Commission, in the period of the by-elections of the National Assembly, based on majority system and elections of the local self-governing bodies, equals to ten minimum salaries. The salary of the members of the precinct election commissions is preserved during the elections.

CHAPTER EIGHT THE FORMATION OF THE ELECTION COMMISSIONS

Article 34: Principles for the 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 the electoral commissions is published in the procedure established by the Central Election Commission.

3. A citizen can be included in the composition of one electoral commission only.

4. Deputies of the National Assembly, members of the Constitutional Court, judges, employee 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 the Formation of the Central Election Commission

1. The Central Election Commission comprises of:

1). Three persons nominated by the Government;

2). One member nominated by the parties that have presented at least 30 thousand valid signatures in the support of their nomination for the participation in the National Assembly elections, based on proportional system, and having parliamentary grouping in the current or dissolved National Assembly;

3). One member nominated by the first five parties that have presented at least 30 thousand and more valid signatures in support of their nomination for the participation in the National Assembly elections based on the proportional system, and not having parliamentary grouping in the current or dissolved National Assembly. If in the result of 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 from the next parties eligible for the membership of the commission and having utmost number of valid signatures by drawing a lot between them.

2. If the parliamentary grouping involves more than one party, and during the new elections to the National Assembly those parties are not acting in the same alliance, when bringing the official lists for the support of their nomination to the Central Election Commission, they need to present, in the procedure established by the second subpoint of the point one of this Article (on deciding the party eligible for the appointment of a member of the Central Election Commission), also the decision of the relevant grouping (in case the National Assembly is dissolved at that time, then the joint decision of the parties that comprised that grouping is presented).

3. The new Central Election 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 on the proportional system.

4. The members nominated for the Central Election Commission are appointed and fired respectively by the party (grouping) that has nominated them or the Government.

5. The Chairperson of the Central Election Commission publishes the composition of the current Central Election Commission.

6. The activities of the Central Election Commission are directed by the Chairperson of the Commission or by his/her assignment – the Deputy Chairperson. The Central Election Commission elects the Chairperson, Deputy Chairperson and the Secretary of the Central Election Commission at its first meeting. The first meeting of the Central Election Commission commences in the administrative building of the Central Election Commission, on the first day of the formation of the Central Election Commission, at 12:00 p.m. and can go on until 12:00 a.m. The Chairperson of the previous Central Election Commission chairs the first meeting.

7. The right to nominate candidatures for the position of the Chairperson of the Central Election Commission belongs to the members of the Central Election Commission.

8. If one candidate has been running for the position of the Chairperson of the Central Election Commission, he/she is deemed 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 Chairperson of the Central Election Commission, the candidate, who has received more votes, is deemed elected.

10. If more than two candidates have been running for the position of the Chairperson of the Central Election Commission, and none of them has received more than half of the votes cast, repeated voting is held between the two candidates, that have received more votes.

11. In the event if no Chairperson is elected at the first session of the Central Election Commission in the established procedure, within three days Government appoints the Chairperson of the Central Election Commission from among the members of the Central Election Commission.

12. The election of the Deputy Chairperson and the Secretary of the Central Election Commission is held in the procedure envisaged for the election of the Chairperson of the Central Election Commission by this Article.

Article 36: Procedure for the Formation of the Regional Election Commissions

1. The Regional Election Commission is formed according to the procedure and within dates established for the formation of the Central Election Commission.

2. The composition of the Regional Election Commission is published by the Chairperson of the current Central Election Commission.

3. The activities of the Regional Election Commission are directed by the Chairperson of the Commission or by his/her assignment – the Deputy Chairperson.

4. The Regional Election Commission elects the Chairperson, Deputy Chairperson and the Secretary of the Regional Election Commission, within the members of the commission, at the first meeting of the commission. The first meeting of the Regional Election Commission commences on the first day of the formation of the Regional Election Commission, at 12:00 p.m. The Chairperson of the previous Regional Election Commission chairs the first meeting.

5. The right to nominate candidatures for the position of the Chairperson of the Regional Election Commission belongs to the members of the Regional Election Commission.

6. The Chairperson, Deputy Chairperson and the Secretary of the Regional Election Commission are elected in the procedure established for the election of the Chairperson of the Central Election Commission.

7. In the event if the Chairperson of the Regional Election Commission is not elected in the established procedure and dates, within three days Government appoints the Chairperson of the Commission from among the members of the Regional Election Commission.

8. The new Regional Election Commission is formed and accepts its authorities on the next day of the expiration of the powers of the former Regional Election Commission.

Article 37: Procedure for the Formation of the Precinct Election Commissions

1. The members of the Precinct Election Commission are nominated by the members of respective Precinct Election Commission, according to the principle of one member of the Regional Election Commission – one member of the Precinct Election Commission.

2. For the formation of the Precinct Election Commission in the above-mentioned procedure, applications to the Regional Election Commission are submitted 21 days and end 18 days prior to the elections.

3. In the event if the Precinct Election Commissions are not formed in the above-mentioned procedure, the Chairperson of the Regional Election Commission fills in the vacancies of the commission within three days. The composition of the Precinct Election 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 having less than 700 voters;

2). less than eleven people, in the precinct having from 701 to 1500 voters;

3). less than thirteen people, in the precinct having from 1501 to 3000 voters.

4. The first meeting of the Precinct Election Commission is opened by the Chairperson of the Regional Election 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 Election Commission.

5. At its first session, the Precinct Election Commission elects the Chairperson of the commission, Deputy Chairperson and the Secretary from within its members.

6. The elections of the Chairpersons, Deputy Chairpersons and the Secretaries of the Precinct Election Commission are held in the procedure established for the election of the Chairperson of the Central Election Commission, within two days time.

7. In the event if the Regional Election Commission, within the dates established in point six of this Article, does not elect the Chairperson of the commission, the Chairperson of the relevant Precinct Election Commission is appointed by the Chairperson of the Regional Election Commission, not later than two days after the formation of Precinct Election Commissions, from within the members of the relevant commission.

8. Authorities of the Precinct Election Commissions are terminated after seven days of the official publication of results of the elections, in case there is no Court row. In the event of the Court row, the authorities of the Precinct Election Commissions are terminated after the court ruling has entered into legal force.

Article 38: Procedure for the Early Termination of the Powers of the Chairperson and the Members of the Electoral Commission

1. The powers of the Chairperson 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 Chairperson of an electoral commission can be indicted not later than three days prior to the day of voting. New elections of the Chairperson 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 lost the right to vote;

2). by the party decision (for its nominated member);

3). by the Government’s decision (for its nominated member);

4). by the decision of the member of the Regional Election Commission (for its nominated member);

5). in the event of his/her death;

6). based on the point ten of Article 39;

7). based on the request of the member of the commission;

8). if he has been conscripted.

3. In the event of the early termination of the authorities of the members of the electoral commission, vacancies are filled in the procedure established by this Code. With the exception of the Precinct Election Commission, the vacancies in the other commissions are not filled in within three days prior to the election.

4. During the three days preceding the elections and in the period of the summing up of the election results, no changes are made in the composition of the commissions.

Article 39: Organization of the Activities of the Election Commissions

1. Activities of the electoral commission are conducted based on the principle of partnership.

2. Activities of the electoral commission are directed by the Chairperson of the commission, or by his/her assignment – by the Deputy Chairperson.

3. For auxiliary works the Chairperson of the Central Election 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 Election Commission, with the consent of the Central Election Commission. The Central Election Commission determines the amount of the remuneration of the staff.

4. Chairperson of the electoral commission decides upon the timetable for holding regular sessions.

5. Extraordinary meeting is convened by the Chairperson of the commission on his/her initiative or upon the written request of at least one-third of the commission members, within the dates mentioned by them. The Chairperson informs the members of the commission in writing, on the date of convening the extraordinary meeting.

6. The session of the electoral commission is authorized, if more than half of the commission members are present.

7. The voting is deemed valid, if more than half of the members of the commission have participated in voting. The decision is deemed adopted, if more than half of the participants in voting have voted for. In the event of a parity of votes the vote of the Chairperson 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 connected with the preparation and conduct of elections, according to dates. The requirements for the registry, as well as the procedure for its filling out are established by the Central Election Commission.

9. Records about the attendance of the commission members in the sessions of the commission are made in 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 excuse, the relevant commission is entitled to terminate the authority of a member by a decision taken by the majority of votes of the entire membership.

Article 40: Procedure for Adjudication the Decisions, Actions and Inactivity of the Election Commission

1. Decisions, actions and inactivity of the electoral commission, with the exception of the decisions of the Regional Election Commission, on the summing up of voting results, 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 Election Commission, on the voting results, which can be appealed on the following day of the elections, until 14:00. The superior electoral commission takes a decision about those appeals until the summing up of the final election results. 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 the declaring registration void, the Court of first instance takes final decision. Court of appeals takes 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 decision of the Regional Election Commission about the summing up of the election results, with the exception of the decisions about the summing up of the results of the elections to the National Assembly, based on majority system, is appealed to the Central Election Commission.

3. Decisions and activities of the Central Election Commission, with the exception of the decisions about the results of the elections of the President of the Republic and the National Assembly, can be appealed to the Court.

4. Rows about the results of the elections, with the exception of the elections of the local self-governing bodies, are settled by the Constitutional Court.

5. The voting day is a working day for the employees of courts and the prosecutor's office.

CHAPTER NINE POWERS OF THE ELECTION COMMISSIONS

Article 41: Powers of the Central Election Commission

1. The Central Electoral Commission is the body, that implements the organization and oversight of elections, which functions on a permanent basis, guided by the procedure adopted by itself and has the status of legal person. The Central Electoral Commission

1). controls the means of the state budget allocated to it for the 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 the communities;

5). oversees the ensuring of equal opportunities established for campaigning through the means of 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 binding for all electoral commissions preparing and conducting the elections and oversees their fulfillment;

8). establishes the procedure for the verification and correction of voter lists;

9). ensures equal conditions for the pre-election activity of the candidates registered for the President of the Republic, parties registered for the National Assembly elections, based on the proportional system, and candidates registered for elections in the majority constituencies;

10). within its powers takes decisions binding for all state and local self-governing bodies, NGOs, parties, institutions, enterprises and organizations, as well as for the officials;

11). considers the applications and complaints on the decisions and actions of electoral commissions, reviews or eliminates the decisions of commissions that contradict this Code;

12). hears the reports of electoral commissions and relevant state bodies on the 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 gives 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 gives certificates to the persons nominated as candidates for the President of the Republic; in the cases envisaged by the law denies, recognizes out of force or invalid their registration; gives to the candidate for the President of the Republic or his representative sufficient number of certificates for the proxies of the candidate for the President of the Republic;

17). registers the parties and initiative groups nominating 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 basis envisaged by the law recognizes the presidential election invalid or not held, make a decision about his election;

20). sums up and approves the results of the elections of the President of the Republic, elections of the National Assembly by the proportional system;

21). registers parties, which have submitted application on the participation in the elections of the National Assembly by the proportional system and publishes the lists of candidates nominated by them;

22). registers Deputies elected to the National Assembly and gives them a certificate of the Member of Parliament;

23). appoints by-elections of the National Assembly of the Republic of Armenia;

24). applies to the relevant competent state bodies in the cases of violation of this Code;

25). settles other matters related to the application of this Code;

26). establishes the procedure for the organization of training, organizes the training of the members of electoral commissions;

27). establishes the procedure for drawing a lot in the electoral commissions;

28). coordinates the majority constituencies of the National Assembly;

29). establishes the order of business in connection with the election fund and the election pledge;

30). realizes other powers envisaged by this Code.

2. If the constituency includes communities belonging to more than one region, fifty days before the elections the Central Election Commission decides the Regional Election Commission whose authority would be to organize and conduct elections in that particular community.

3. After each national elections, in 90 days period, the Chairperson of the Central Election Commission, or upon his request, one of the members of the Central Election Commission makes a statement in the National Assembly on the organization and conduct of the elections.

Article 42: Powers of the Regional Election Commissions

1. The Regional Election Commission functions on a permanent basis, and according to the procedure adopted by the Central Election Commission has the status of a legal person. Regional Election Commission

1). organizes the training of the persons included in the Precinct Election Commissions;

2). controls the means of the state budget allocated for the preparation and conduct of elections,

3). upon the presentation of the community heads approves the precincts, mentioning the latter’s place of voting (precinct center), This information is send to the Central Election Commission within 2days;

4). in conformity with the procedure established by the Central Election Commission determines the periodic numbers of constituencies of precincts and local self-governing bodies;

5). provides the Precinct Election Commissions with necessary material and technical means, election documentation; in the established procedure organizes events required for the preparation and conduct of elections, oversees the provision of the Precinct Election Commissions with buildings, furniture, means of transportation, communication and other means.

6). informs the Central Election Commissions on its own activities and that of the Precinct Election Commissions;

7). considers applications and complaints received about the decisions and actions of the Precinct Election Commissions, reviews or eliminates the decisions of the Precinct Election Commissions that contradict this Code;

8). publishes the preliminary results of elections by precincts, based on the protocols of the Precinct Election Commissions;

9). checks and sums up the voting results and submits them to the Central Election Commissions, and in the cases envisaged by the law – conducts verification;

10). declares the day of the elections to local self-governing bodies;

11). follows the compilation of voter lists by the community head and their presentation in the precincts for familiarization;

12). ensures the preparation of the precinct centers, voting booths, ballot papers, as well as other means required for voting;

13). accredits the representatives of mass media that have submitted applications;

14). registers the candidates participating in the elections of National Assembly by majority system and gives a certificate of the form approved by the Central Election Commission; in the cases envisaged by the law recognizes their registration out of force or invalid; gives to the representatives of the candidates nominated for the community head or council member, certificates of proxies, in the numbers envisaged by the law;

15). registers and gives certificates to the candidates nominated for the community head and council member;

16). checks, sums up and approves the result of election to local self-governing bodies; in the cases prescribed by the law conducts verifications, recognizes the elections held, invalid or not held;

17). sums up the results of the elections of the community head and council member;

18). gives certificates to the elected community heads and council members;

19). checks and sums up the results of the presidential elections, elections of National Assembly by the proportional and majority systems, and 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 Election Commission.

20). oversees the implementation of this Code by the Precinct Election Commissions;

21). apply to competent state bodies in the event of the violation of this code;

22). performs other powers envisaged by this Code.

Article 43: Powers of the Precinct Election 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, sums up its results at the precinct and submits those results to the Regional Election Commission;

3). settles the issue of disputed ballot papers 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 the violation of this code;

6). implements other powers envisaged by this code;

2. Precinct Election Commissions operate on the basis of regulations adopted by the Central Election Commission.

Article 44: Submission and Receipt of the Election Documentation at the 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 giving a receipt.

2. For the preparation and conduct of the elections electoral commissions are supplied with ballot papers, forms, other documentation, stationery, and other materials – the responsible person for their receipt, transfer and preservation being the Chairpersons of the relevant electoral commissions.

3. After the summing up of voting results and the drawing up of the relevant protocols, all election documents are immediately send from precincts to the Regional Election Commission.

4. All the election documentation, with the exception of the documentation on the elections of the local self-governing bodies, after the final summing up of voting results are send from the Regional Election Commissions to the Central Election Commission. The Central Election Commission ensures the preservation of the above-mentioned documentation, and after two months of the official publication of the election results – and in the case of a Court row, 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 official publication of the results of the election to the local self-governing bodies, – and in the case of a Court row, after the final decision has been made – the Regional Election Commission submits them to the state archives of Armenia for preservation in the established procedure.

Article 45: Cooperation of the 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 are required to ensure the natural course of the conduct of the elections, the unhindered activity of the electoral commissions and their members, and support the commissions, upon the commissions’ request, for the establishment of due order during the events related with the elections.

SECTION THREE: VOTING; SUMMING UP OF THE VOTING RESULTS

CHAPTER TEN ORGANIZATION OF THE VOTING

Article 46: The Venue and the Time of the Voting

The voting is held at the precinct centers from 8:00 a.m. until 8:00 p.m. The citizens that are in the voting rooms at 8:00 p.m. but have not voted yet, have the right to vote.

Article 47: The Room for Voting

1. The voting is held in a room furnished for that purpose on the basis of one room per one precinct.

2. The room for voting shall be as spacious building as possible and meet the following requirements:

1). Enable the simultaneous normal work of all the members of the electoral commission, proxies, and observers, during all the voting process;

2). Enable all the members of the electoral commission, proxies, and observers to have within their sight the voting booths, the ballot box, as well as the entrance and exit of the voting booths, and the area between them and the ballot box.

3. The furnishing of the room for voting ends at least 24 hours prior to start of the voting.

Article 48: Voting Booths (Rooms)

1. Voting booth (Room – hereinafter, voting booth) shall be furnished in a way, so that the citizens can fill in the ballot papers privately from the persons present at the precinct center.

2. A table shall be installed in the voting booth with a pen on it. The voting booth shall have sufficiently lighting.

3. Booths are furnished for voting, at least one booth or one room for each 750 voters.

4. Voting booths shall be situated in the area between the tables for handing out the ballot papers and the ballot box.

Article 49: Ballot Papers, Ballot Box, and Seals of the Election Commissions

1. The Central Election Commission approves the specimens of ballot papers, ballot boxes and seals of the electoral commissions. During the voting each citizen gets equal number of ballot papers.

2. In the event of holding simultaneously different elections the ballot papers are prepared in a manner, so that they obviously differ from each other.

3. The Central Election Commission establishes the form of the ballot paper and the text. The ballot papers shall be prepared of non-transparent paper.

4. The family name, first name and party affiliation (names of parties and alliances) are mentioned on the ballot paper in the alphabetical order.

5. Each ballot paper shall contain a note on the procedure for the filling in of the ballot paper.

6. The line "against all" shall be written after the candidates (names of parties) in the ballot, with a rectangle on the right, for making the mark.

7. Ballot papers are prepared not early than ten days and not later than three days prior to the voting.

8. The seals of the electoral commissions are prepared by the order of the Central Election Commission, according to the specimen approved by the Central Election Commission.

9. The seals of the Precinct Election Commissions shall have four-digit numbers.

10. The Central Election Commission wraps the seals of the Precinct Election Commissions in non-transparent parcels, seals them without making any marks on them, and not earlier than five days and not later than three days prior to the elections gives them to the Regional Election Commissions, counting solely the number of the seals given away, on the principle of one precinct – one seal.

11. The parcels are numbered and sealed in the Regional Election Commission. On the day prior to the elections, the Regional Election Commission gives the parcels to the Chairpersons of the Precinct Election Commissions, one packed seal to each.

12. Within 15 days after the elections, Chairpersons of the Precinct and Regional Election Commissions, return the seals, according to the procedure established by the Central Election Commission.

Article 50: Preparation of the Voting

1. The Precinct Election Commissions prepare the voting.

2. The Chairperson of the Precinct Election Commission has to ensure the implementation of the requirements envisaged by this Code during the voting, and to establish order at the precinct center.

3. Table for the registration of voters, allocation of the ballot papers, sealing of the ballot papers, and for the conduct of oversight on the ballot papers, shall be installed at the precinct centers.

4. The ballot box is installed in a place visible for the persons entitled to be present at the precinct.

5. The Precinct Election Commission shall install a signboard at the precinct center or at the entrance of the precinct center, with filled in specimen ballot papers.

6. On the day of the voting, the electoral lists of the parties nominated for the elections of the National Assembly, by proportional system, are to be put in a visible place at the precinct.

Article 51: Organization of Voting in the Diplomatic and Consular Missions

Citizens of the Republic of Armenia who have the right to vote, that live or are in the foreign countries, can participate in the elections of the President of the Republic, elections to the National Assembly by the proportional system, at the diplomatic and consular missions of the Republic of Armenia. Seven days prior to the elections, the Central Election Commission forwards through the Ministry of Foreign Affairs to the diplomatic and consular missions of the Republic of Armenia, data on the registered candidates for the President of the Republic and electoral lists of the parties registered for the elections of the National Assembly by proportional system, the specimens of ballot papers, electoral and other documents. The head of the diplomatic or consular mission ensures the preparation of ballot papers, in conformity with the requirements of this code. The head of the diplomatic or consular mission of the Republic of Armenia, according to the procedure established by this code and the Central Election Commission prepares, organizes and conducts the elections, sums up the voting results, draws up a protocol, and forwards that information officially and promptly to the Central Election Commission. That protocol, together with the election documentation is sealed and forwarded by special pouch to the Central Election Commission.

Article 52: Organization of the Voting of the Arrested and the Detained Citizens

1. The arrested citizens participate in the elections at the precinct organized at the place of their registration. The procedure for the participation in the elections by the arrested citizens is established by the Central Election Commission.

2. The heads of the institutions that have the authority to keep detainees, prepare, organize and conduct elections in the procedure established by this Code and the Central Election Commission.

CHAPTER ELEVEN VOTING PROCEDURE

Article 53: Beginning of the Voting

1. On the day prior to the voting day the Precinct Election Commission decides at its session, by drawing a lot, on the three members of that will sign the ballot papers, who then have to sign all the ballot papers until 8:00 p.m. (the signatures are put on the back side of the ballot paper). The signed ballot papers are kept in a special safe, which is sealed, with the signatures of the Chairperson of the commission and the three above-mentioned members of the commission.

2. At 7:00 a.m. on the voting day, the Precinct Election Commission decides at its session, by drawing a lot, as to who will register the citizens (one member per each 1000 voters) and who will allocate the ballot papers (one member per each 1000 voters), two members for overseeing the ballot papers, and two for sealing the ballot papers, as well as decides on the timetable of their shifts. The Chairperson and the Deputy Chairperson of the commission do not participate in the drawing.

3. At 8:00 a.m. on the voting day, the Chairperson of the Precinct Election Commission declares the precinct open, after which in the presence of the commission members (persons entitled to be present at the voting can also be present) he/she opens the packed seal, verifies that the ballot box is empty, closes the ballot box and seals it. Then in the presence of the persons entitled to be present there, he/she opens the safe with the ballot papers and submits the counted ballot papers to the persons responsible for the allocation of the ballot papers, and the voter lists – to the persons responsible for the voter registration, making relevant notes in the registry.

Article 54: Access to the Poling Station

1. The military and the servicemen of the Ministry of Internal Affairs and National Security enter the precinct center not in the marching line, unarmed. Access to the precinct centers with arms and ammunition is prohibited, with the exception of cases of endangering the normal course of the elections. In those cases the Chairperson or the Deputy Chairperson of the Precinct Election Commission permits the entry into the precinct center.

2. Apart from the members of the Precinct Election Commission and the voters, candidates’ proxies, observers, and the representatives of the mass media and the members of superior electoral commissions can be present at the precinct center.

3. After having voted the voter shall promptly leave the precinct center.

4. In order to ensure the normal course of the voting the Chairperson has the right to allow the voters to enter the voting room one by one. Not more than fifteen voters can be present in the voting room simultaneously.

Article 55: Registration of Voters

1. Every voter that has come for voting is registered in the list, by the commission member responsible for registration.

2. The commission member responsible for the registration verifies the identification documents, finds his/her name, family name and the corresponding consecutive number in the voter list, fills in the data of the identification documents in the voter list, and the voter signs in front of the data. In case if the voter cannot sign himself/herself in the voter list, he/she has the right to apply to other citizen’s help, with the exception of the members of the commission and proxies.

3. Passport, document replacing the passport, the military certificate for the military officers and servicemen, and for the other military – the military document, are the identification documents.

Article 56: Voting

1. Immediately after the registration, the member of the commission responsible for the allocation of the ballot papers to the voters, presents the ballot paper to the voter.

2. The member of the commission responsible for the sealing of the ballot papers seals the ballot paper. The seal shall not come out of the limits of the ballot paper.

3. The voter fills in the ballot in privacy in the voting booth or the room. The presence of any other person in the voting booth or the room during the filling in of the ballot is forbidden.

4. In case the voter feels that he/she has filled in the ballot wrongly, he/she can apply to the Chairperson of the Commission, and in the case of his absence – to the Deputy Chairperson, to be allocated a new ballot. The commission member allocating a new ballot, makes an appropriate note in front of the name of the voter in the voter list. The spoilt (damaged) ballot is promptly cancelled, upon which an appropriate protocol is drawn up.

5. The voter has no right to declare as to which candidate he/she is going to vote or has voted for or against. It is prohibited to inquire in any way, as to who he/she has voted for or against.

Article 57: Procedure for Filling in the Ballot Papers

1. The voter makes a note in the ballot in front of the name of the candidate (party), whom he/she is voting for. If the voter is against all the candidates (parties), he/she makes a note on the line “I'm against all”, after the names of candidates (parties).

2. When voting for one candidate (party), the voter makes a note in front of the words “I'm for”, if he/she votes for, and in front of the words “I'm against”, if he/she votes against.

3. Citizens, who are unable to fill in the ballot on their own, have the right to invite another person into the voting booth, who shall not be a proxy or a member of electoral commission. Except for the above-mentioned case, the presence of other persons in the voting booth while filling in the ballot is prohibited.

4. The voter takes the four-folded ballot out of the voting booth or the room, and approaches the commission member responsible for the ballots. The latter verifies the identification document and making sure of the identity of the voter and his/her being registered in that constituency, opens the ballot box slot enabling the voter to drop the ballot in the ballot box.

5. During the voting, all cases of violation of the voting procedure established by this Code, upon the request of two members of the commission or two proxies, as well as all the decisions of the Precinct Election Commission are recorded in the register.

Article 58: Invalid Ballots

1. Ballots containing votes for more than one candidate (party), ballots containing notes supporting one candidate (party) and simultaneously in the “I'm against all” line, in the case when one candidate (party) is running, and there are notes simultaneously in front of both “I'm for” and “I'm against” words, ballots without any notes, ballots with unnecessary notes and remarks are deemed invalid.

2. Unsealed, unsigned ballots and ballots of not approved specimens are deemed invalid.

3. The electoral commission settles the matter of doubtful ballots by vote.

Article 59: Ballots of Not Approved specimen

1. Ballots differing from the approved specimen are deemed as not approved specimens.

2. The electoral commission settles the matter of doubtful ballots by vote.

CHAPTER TWELVE Summing Up OF THE ELECTION RESULTS,

PROCEDURE FOR DETERMINING THE Inaccuracies

Article 60: Procedure for Summing Up of the Election Results and Determining the Inaccuracies at Precincts

1. The Chairperson of the Precinct Election Commission bans the access of voters to the precinct center at 8:00 p.m., enables the voters at the precinct center to vote, closes the ballot box slot, asks all the persons not entitled to attend the sessions of the Precinct Election Commissions to leave, and closes the precinct center. Upon fulfilling the above-mentioned actions the Precinct Election Commission starts the session for the summing up of the voting results. For that purpose:

1). unused ballot papers, ballot papers wrongly filled in by the voters and returned are counted, cancelled in the procedure established by the Central Election Commission, and sealed;

2). the total number of voters is counted based on voter lists;

3). the number of voters, that have received ballot papers, based on the signatures available in the voter list is counted; afterwards the above-mentioned lists are sealed;

4). the ballot box is opened.

2. The Chairperson of the commission take one ballot out of the ballot box, declares the validity or invalidity of the ballot, and in case of a valid ballot states also who it has been voted for. Upon request he/she shall pass the ballot to the other members of the commission. In case a commission member disagrees with the opinion of the Chairperson, he/she submits an objection. It is put to vote. In the event of the objection, based on the voting results, and in case of no objection, in accordance with his/her statement the Chairperson puts the ballot in the pack of ballots for the particular candidate (party), "against all", or "invalid" ballots, after which takes the next ballot out of the ballot box. This action is repeated for all the ballots available in the ballot box. During the implementation of the assortment of the ballots the members of the commission are banned from making notes, as well as having pens, pencils or other objects for making notes.

3. After the assortment of all the ballots available in the ballot box the Chairperson, in the presence of the members of the commission, one by one counts the number of invalid ballots, ballots with votes against all, as well as the votes given for each candidate (party). Based on the results, the total number of valid ballots of approved specimen and of votes given for the candidates is counted. The counted and assorted ballots are wrapped and sealed, in the procedure established by the Central Election Commission.

4. Afterwards the Precinct Election Commission, based on the data of the precinct summary protocol, draws up a protocol on the amount of inaccuracies. The commission decides the amount of inaccuracies in the following way:

1). compares the number of ballot papers given to the Precinct Election Commissions, with the total number of the ballots in the ballot box and the cancelled ballots. The difference is noted as the amount of first inaccuracy;

2). compares the number of signatures in the voter lists with the number of the ballots in the ballot box. The difference in absolute number is noted as the amount of second inaccuracy;

3). the amounts of inaccuracies mentioned in subpoints one and two of this point are added. The total is the amount of inaccuracies at that precinct

5. Each activity envisaged in the points three and four of this Article are carried out in order mentioned, and each action is carried out after the previous one is over, and a protocol has been drawn up. On each of the mentioned actions a separate protocol, in two copies, is drawn up and signed by the members of the commission attending the session, one of the copies being wrapped and sealed together with documents serving as basis.

Article 61: Precinct Protocols

1. The summary protocol of voting results includes:

1). the total number of voters according to voter lists;

2). the number of the registered voters, that have received ballots according to signatures;

3). the number of ballots allocated to the Precinct Election Commission;

4). the number of cancelled ballots;

5). the number of valid ballots in the ballot box;

6). the number of invalid ballots;

7). the total number of the ballots in the ballot box;

8). the number of the ballots cast against all candidates (parties);

9). the number of votes cast for each candidate (party);

10). the total number of votes cast for candidates (parties).

2. The figures, that are counted and registered in the protocol, are declared loudly.

3. The protocols are signed by the members of the commission attending the session; it is sealed by the Chairperson of the commission. If any member of the commission has a special opinion on the data of the protocol, he/she makes a remark next to his/her signature and submits his/her written opinion, which is attached to the protocol.

4. If a member of the commission refuses to sign the protocol, a protocol thereof is drawn up and attached to the summary protocol of the voting results.

5. From the end of the voting until the drawing up of the protocol on the inaccuracies, the session of the Precinct Election Commission cannot be interrupted.

6. At the end of the session, but not later than 12 hours after the end of the elections, the Chairperson of the commission publishes the results of the voting.

7. Upon the request of the proxy of a candidate (party) or an observer they are given copies of the Precinct summary protocol, ratified by the signature of the Chairperson of the commission or the Secretary and the seal of the commission.

8. Copies of the summary protocol and the protocol on the inaccuracies are displayed at the precinct center, in a visible place. Afterwards the Chairperson of the Precinct Election Commission submits one copy of the summary protocol and the protocol on the inaccuracies, and the sealed package of promptly submits to the relevant Regional Election Commission, in conformity with the procedure established by the Central Election Commission.

Article 62: Procedure for the Summing Up of the Precinct Summary Protocols at the Regional Election Commissions

1. Based on the summary protocols of the Precinct Election Commissions, the Regional Election Commission sums up the preliminary results of the elections in the Region, the number of votes cast for each candidate in the region, the total number of participants in voting, and the amount of inaccuracies.

2. Not later than within 22 hours after the close of elections the preliminary results of voting are recorded, published by the Chairperson of the Regional Election Commission, and officially forwarded to the Central Election Commission.

3. Not later than within 48 hours after the close of elections, and in case of the complaints in the Court, or Regional Election Commission on the results of voting in the precincts – within four days, the Regional Election Commission draws up summary protocol of the election results in the Region, mentioning:

1). the total number of voters by voter lists;

2). the number of the registered voters, who have received ballots, according to the signatures;

3). the number of ballots, allocated to the Precinct Election Commissions;

4). the number of cancelled ballots;

5). the number of valid ballots in the ballot boxes;

6). the number of invalid ballots;

7). the total number of the ballots in the ballot box;

8). the number of the ballots cast against all candidates (parties);

9). the number of votes cast for each candidate (party);

10). the total number of votes cast for candidates (parties);

11). the amount of inaccuracies.

4. The summary protocols of the election in the Region are signed by the members of the commission attending the session; it is sealed by the Chairperson of the commission. If any member of the commission has a special opinion on the data of the protocol, he/she makes a remark next to his/her signature and submits his/her written opinion, which is attached to the protocol.

5. If a member of the commission refuses to sign the protocol, a protocol thereof is drawn up, which is attached to the summary protocol of the final voting results in the Region.

6. The summary protocol is signed by the members of the commission attending the session; it is sealed by the Chairperson of the commission.

7. The results of voting in the region are published, and the Chairperson of the Regional Election Commission submits one copy of the relevant protocol together with all the election documentation left in the Regional Election Commission to the Central Election Commission.

8. Upon the request of the proxy of a candidate or an observer, they are given copies of the summary protocol of the elections in the Region, on the election results in the Region, which has to be ratified by the signature of the Chairperson of the commission or the Secretary and the seal of the commission.

9. During the national elections the Regional Election Commission, after the end of the elections, has to inform the Central Election Commission, at least every three hours, of the current election results by Precincts.

10. Upon the written request of two members of the Regional Election Commission or the proxy of the candidate (party), the Regional Election Commission verifies the conformity of the precinct summary protocols of the relevant precinct with the factual results of the elections. The members of the relevant precinct commission – authors of the special opinion made during the drawing up of the precinct summary protocol, Chairperson of that commission, candidates (parties) and proxies can participate in those verifications.

Article 63: Procedure for the Summing Up of the Results of the Elections at the Central Election Commission

1. Based on the preliminary results of the elections received from the Regional Election Commissions the Central Election Commission, not later than 28 hours after the end of the elections publishes the preliminary results of elections, the number of votes cast for each candidate, the total number of the voters and the amount of inaccuracies.

2. Until the announcement of the preliminary results of the elections the session of the Central Election Commission is not interrupted.

3. The Central Election Commission, whose session can be attended by persons entitled to be present at the session, based on the complete final results of the elections in the Regions, not later than within 72 hours after the elections, and in case of the complaints in the Court, or Regional Election Commission on the results of voting in the precincts – within five days, draws up summary protocol of the election, mentioning completely and by Regions the following information:

1). the total number of the voters by voter lists;

2). the number of the registered voters, who have received ballots, according to the signatures;

3). the number of ballots, allocated to the Precinct Election Commissions;

4). the number of cancelled ballots;

5). the number of valid ballots in the ballot boxes;

6). the number of invalid ballots;

7). the total number of the ballots in the ballot box;

8). the number of the ballots cast against all candidates (parties);

9). the number of votes cast for each candidate (party);

10). the total number of votes cast for candidates (parties);

11). the amount of inaccuracies.

4. The protocol is signed by the members of the commission attending the session; it is sealed by the Chairperson of the commission.

5. If any member of the commission has a special opinion on the data of the protocol, he/she makes a remark next to his/her signature and submits his/her written opinion, which is attached to the protocol.

6. If any member of the commission refuses to sign the protocol, a note thereof is made in the protocol.

7. Upon the request of the proxy of a candidate (party) or an observer they are given a copy of the summary protocol on election results ratified by the signatures of the Chairperson and the Deputy Chairperson of the commission and the seal of the commission.

8. The preliminary summary protocols of the elections of the President of the Republic and elections to the National Assembly by proportional system are drawn up within thirty hours after the close of voting.

9. The Chairperson of the Central Election Commission, or upon his request one of the members of the commission, after the close of voting makes a report on the national television and radio, every three hours, on the current results of the elections of the President of the Republic and the elections to the National Assembly by proportional system. Within three hours after taking a decision on the elections of the President of the Republic and the elections to the National Assembly by proportional system, the Chairperson of the Central Election Commission, or upon his request one of the members of the commission makes a live report on the national television and radio.

PART TWO

SECTION FOUR: ELECTIONS OF THE PRESIDENT OF THE REPUBLIC

CHAPTER THIRTEEN GENERAL PROVISIONS

Article 64: Electoral System

1. During the elections of the President of the Republic the entire territory of the Republic of Armenia is considered as a single majority constituency.

2. The President of the Republic is elected by an absolute majority system, and in the second round – by relative majority system.

Article 65: Requirements for the Candidate for the President of the Republic

In accordance with Article 50 of the Constitution anyone, who has attained the age of thirty-five years, who has been citizen of the Republic of Armenia for the last ten years, who has been permanent resident of the Republic of Armenia for the last ten years and has a right to vote, can be elected President of the Republic of Armenia. The same person cannot be elected to the office of the President of the Republic for two successive terms.

CHAPTER FOURTEEN NOMINATION AND REGISTRATION OF THE CANDIDATE FOR THE PRESIDENT OF THE REPUBLIC

Article 66: The Right to Nominate a Candidate for the President of the Republic

In the procedure established by Articles 67-69 of this Code, parties and citizens have the right to nominate a Candidate for the President of the Republic.

Article 67: Nomination of the Candidate for the President of the Republic by the Parties

1. A party nominates a candidate for the President of the Republic by the decision of its permanently functioning supreme body.

2. In the event of the support of the same person’s candidature by different parties, party alliances can be set up.

3. Party alliances can be set up in the event of the union of at least two parties supporting the candidature of the same person.

4. In the period of the elections parties, within a party alliance, cannot join other party alliance.

5. The decision on joining a party alliance is made by the permanently functioning supreme body of the party.

6. The party alliance is registered in the Central Election Commission not later than within three days after the submission of the decision of the permanently functioning supreme body of the parties. Each party has the right to nominate one candidate for the President of the Republic.

7. The decision of the permanently functioning supreme body of the party on the nomination of a candidate for the President of the Republic shall include the following data of the nominated candidate:

1). family name and first name;

2). date of birth;

3). place of residence;.

4). place of work and position (occupation);

5). party affiliation;

6). passport number;

7). declaration about his/her private property and his/her and his/her family members’ income for the last one year.

8. Together with the submission of the party’s decision on the nomination of a candidate for the President of the Republic to the Central Election Commission, the charter of the party, which has nominated a candidate for the President of the Republic is also submitted (in the event of the party alliance – the charters of al the parties in the alliance).

9. The permanently functioning supreme body of a party submits to the Central Election Commission data of two plenipotentiary representatives for registration (family name, first name, date of birth, passport number, place of work and position (occupation).

10. The party shall submit the documents on the nomination of a candidate for the President of the Republic mentioned in the points two and three of this Article and data on plenipotentiary representatives to the Central Election Commission within the term, established in point one of Article 94 of this Code.

11. The Central Election Commission ascertaining the validity of the submitted documents, within five days after the expiration of the term of supporting the nomination gives to the party (party alliance) in the person of their plenipotentiary representatives registered at the Central Election Commission, the official papers supporting the nomination of a candidate for the President of the Republic. A protocol on the allocation of the official papers supporting the nomination is drawn up.

A candidate for the President of the Republic is deemed nominated, if at least 35,000 citizens have supported his nomination by signing in the official papers supporting the nomination.

Article 68: Nomination of the Candidate for the President of the Republic by the Citizens

1. At least 100 citizens of the Republic of Armenia can form an initiative group for the nomination of a candidate for the President of the Republic.

2. The initiative group applies in writing to the Central Election Commission, with a request for registration, and to this end, besides the application, submits the decision of the meeting on the nomination of a candidate for the President of the Republic, as well as data for two plenipotentiary representatives of the initiative group, as mentioned in Article 67 of this Code and the letters of attorney, as established by the law.

3. The decision of the meeting of the initiative group shall contain the data about the nomination for the candidate for the President of the Republic, mentioned in point seven of Article 67 of this code, as well as the family names, first names, dates of birth, identification document numbers, places of residence and signatures of the members of the initiative group.

4. Upon the submission of the required documents to the Central Election Commission the plenipotentiary representatives of the initiative group are given the official papers on the support of the nomination in the procedure and dates established in point eleven of Article 67 of this code.

5. Each initiative group has the right to nominate one candidate for the President of the Republic.

Article 69: Procedure for Collecting Signatures in Official Papers for Supporting the Nomination of the Candidates for the President of the Republic

1. Each official paper supporting the nomination of the candidate for the President of the Republic shall contain the family name, first name, date of birth, place of residence, place of work and position (occupation) of the nominated candidate.

2. The official paper of the support of the presidential nominee is a numbered booklet printed in a printing house, containing 500 numbered lines for the citizens’ family name, first name, place of registered residence, identification document number and the signature. The number of the booklet is mentioned on each page of the official paper.

3. A separate line is foreseen at the bottom of each page of the official paper for the support, for the family name, first name, place of registered residence, passport number and signature of the person responsible for the collection of signatures.

4. A separate line is foreseen at the bottom of each page of the official paper for the support for the signature of the person, who has received the official paper of support from the Central Election Commission.

5. The plenipotentiary representatives of each party (party alliance) or the initiative group is given 80 official papers of support of the nomination.

6. Each party or initiative group organizing the nomination of the candidate for the President of the Republic decides itself on the persons that it trusts to collect the signatures – giving them a certificate.

7. Every citizen personally signs in the official paper of support.

8. For the purpose of collecting signatures it is prohibited to give (promise), personally or through other means, money, bonds, food, goods or render (promise) services to citizens free of charge.

Article 70: Verification of the Validity of the Citizens’ Signatures in the Official Papers for Supporting the Nomination

1. When receiving the official papers for the support of nomination the Central Election Commission counts the total number of the collected signatures and gives a receipt to the person authorized to submit the official papers.

2. Falsified signatures and signatures belonging to a person without the right to vote, as well as the signatures of those voters, whose data has been filled in the official papers wrongly, are deemed invalid.

3. The Central Election Commission verifies the validity of signatures by a two per cent selective verification of the actual number of signatures in each booklet. To this end the Central Election Commission:

1). in the procedure established by itself for drawing a lot receives the numbers of the two per cent of signatures from the total number of signatures available in the given booklet. The protocol thereof contains the numbers of signatures subject to verification in the official paper for the support of each nomination with the data of the citizen;

2). as a result of verification a protocol on the invalid signatures shall be drawn up, mentioning the number of the official paper, number of signatures and the data of the citizens;

3). the relationship of valid and invalid signatures in the two per cent of the total number of signatures proportionally extends to the total number of signatures, thus getting the number of valid and invalid signatures within the total number of signatures. A protocol is drawn up on the results of the verification.

Upon the request of the candidate or his/her plenipotentiary representative, the copies of all the protocols on the verification of the validity of signatures are promptly given to him/her.

Article 71: Election Pledge of the Nominated Candidate for the President of the Republic

1. The candidates nominated for the President of the Republic pay an election pledge to the Central Election Commission account, opened in the Central Bank of the Republic of Armenia, in the amount of 5,000 times the minimum salary, established by the legislation of the Republic of Armenia. In the event of receiving five per cent and more of the votes cast for the candidates, the sum of the election pledge is returned within sixty days after the summing up of the election results.

2. In the event of receiving less than five per cent of the votes cast for candidates nominated for the President of the Republic the sum of the election pledge of the candidate is transferred to the state budget.

3. In the event of recognizing the election invalid or not held, the sum of the election pledge is returned.

Article 72: Registration of the Candidate Nominated for the President of the Republic

1. Each presidential nominee can be registered upon the nomination by one party or one initiative group.

2. The Central Election Commission considers the registration of a candidate nominated for the President of the Republic, if within the term established by points one and two of Article 89 of this Code the following documents have been submitted:

1). official paper for the support of nomination filled out in the procedure established by Article 69 of this Code;

2). the receipt to the citizen nominated for the candidate, on the payment of the election pledge;

3). reference on the citizenship of the Republic of Armenia for the last ten years for the citizen nominated for the candidate;

4). reference on the permanent residence in the Republic of Armenia during the last ten years for the citizen nominated for the candidate;

5). the written statement of the nominee on the willingness to be registered as the candidate for the President of the Republic;

6). the declaration of the citizen nominated for the candidate on his/her private property and his/her and his/her family members’ income for the last one year.

3. References mentioned in the subpoints three and four, of point two of this Article are allocated to the citizen nominated for the candidate by the authorized state body, within three days after the application has been presented, in the procedure established by the Central Election Commission.

4. Upon the receipt of the documents required for the registration of the candidate for the President of the Republic by the Central Election Commission and until his registration, the nominee or his plenipotentiary representative is entitled to attend the meetings of the Central Election Commission, with a consultative vote.

5. The Central Election Commission publishes the communiqué on the registration of the candidate for the President of the Republic within three days.

Article 73: Denial to Register the Nomination for the President of the Republic

1. The Central Election Commission denies the registration of a presidential nominee, if:

1). the restrictions anticipated by the Constitution of the Republic of Armenia extend onto the nominee;

2). as a result of the verification, in the procedure established by this Code, the number of valid signatures in the official papers for the support of the nomination of a candidate is less than 35.000;

3). documents submitted for registration are falsified.

2. In the event of objection about the registration of the candidate for the President of the Republic, the Central Election Commission puts the issue to vote. The registration of a candidate for the President of the Republic is denied by at least with two-thirds vote of the total number of the commission members. In case of no objection the candidate is considered registered.

In the event of the denial in registration the sum of the election pledge of the nominee for the candidate for the President of the Republic is returned.

Article 74: Recognizing the Registration of the Candidate Nominated for the President of the Republic Invalid

1. The Central Election Commission recognizes the registration of a candidate nominated for the President of the Republic invalid, by a decision adopted with two-thirds vote of the total number of the commission members, if after the registration, facts are revealed, which extend onto the candidate the restrictions established by point one of Article 73 of this Code.

2. In the event of the recognizing the registration of the candidate for the President of the Republic invalid, the sum of the election pledge is returned.

Article 75: Procedure for Appealing the Decisions on Denial of Registration, or Recognition of the Registration of the Candidate for the President of the Republic Invalid

1. The decision of the Central Election Commission on denial of registration or recognition of the registration of the candidate for the President of the Republic invalid, can be appealed to the Court within three days after the day the decision was taken.

2. Based on the court ruling on recognizing illegal the decision on denial in registration or recognition of the registration of the candidate for the President of the Republic invalid – the person is considered registered or re-registered as candidate for the President of the Republic.

Article 76: Recognizing the Registration of the Candidate for the President of the Republic Out of Force

1. The registration of a candidate for the President of the Republic shall be recognized out of force, if he/she:

1). has lost his voting right;

2). has submitted an application on self-withdrawal;

3). has died;

4). has violated the requirement envisaged by point eight of Article 18 of this Code;

5). has violated the requirement envisaged by point seven of Article 25 of this Code;

2. In the event of the withdrawal of the candidacy by the candidate himself/herself in the second round, the candidate that had next maximum number of votes in the first round participates in the second round instead of him/her. In case there is no such candidate, one candidate shall be running for elections in the second round.

3. Based on the application of self-withdrawal the registration of the candidate is recognized out of force, and the sum of the election pledge and means left in his/her election fund are transferred to the state budget.

4. In the event the registration has been recognized out of force as a result of the death of the candidate the sum of the election pledge is transferred to the heirs, and the means left in the election fund – to the state budget.

5.In the event of recognizing out of force the registration of a candidate under point eight of Article 18 and point seven of Article 25 of this Code the sum of the election pledge and the means left in the election fund are transferred to the state budget.

CHAPTER FIFTEEN THE STATUS OF THE CANDIDATE NOMINATED

FOR THE PRESIDENT OF THE REPUBLIC

Article 77: Equality of the Candidates for the President of the Republic

Candidates for the President of the Republic have equal rights and responsibilities.

Article 78: Rights and Responsibilities of the Candidates for the President of the Republic

1. From the moment of registration the candidates for the President of the Republic who are in civil service or work in the local self-governing bodies, are dismissed from the performance of their professional duties during the election period, and have no right to use the advantage of their office. The President of the Republic of Armenia, or in conformity with the Constitution of the Republic of Armenia, the acting President – the Chairman of the National Assembly, or the Prime Minister – in the event of being nomination as a candidate for the President of the Republic, continue the performance of their duties, but shall not misuse the advantage of their office.

2. The person registered as a candidate for the President of the Republic shall be released from military call-ups and training exercises.

Within that period the Central Election Commission pays to the candidates monetary compensation, in the amount of their average salary, from the means allocated for the organization and conduct of elections.

3. It is prohibited to fire a candidate for the President of the Republic, transfer to another job, or send on a mission, on the initiative of the administration. This term for the candidate is considered as service term in the profession, to which the candidate belonged until his being nominated as a candidate.

4. Until ten days prior to the elections the candidate for the President of the Republic have the right to withdraw his candidature. If this has been done without any coercion, the Central Election Commission withdraws the relevant candidature, requesting the candidate to pay the financial means, which were allocated by the state for his nomination and election campaign.

5. Candidates for the President of the Republic cannot be subjected to criminal or administrative liability in court order, without the consent of the Central Election Commission. The decision on the mentioned issue is adopted by the Central Election Commission with two-thirds of votes of the total number of members of the commission.

CHAPTER SIXTEEN PRE-ELECTION CAMPAIGN OF THE CANDIDATE

FOR THE PRESIDENT OF THE REPUBLIC

Article 79: The Election fund of the Candidate for the President of the Republic

1. For the implementation of the pre-election campaign the candidate for the President of the Republic can set up an election fund on his own name or on the name of his plenipotentiary representative in the Central Bank of the Republic of Armenia, which is formed from voluntary contributions mentioned in Article 25 of this Code.

2. The amount of the personal contributions of the candidate to the election fund shall not exceed the minimum salary for 10,000 times.

3. The amount of the contributions by the party to the election fund, which has nominated the candidate, shall not exceed the minimum salary for 30,000 times.

4. The amount of expenditure by the candidates from their election funds shall not exceed the minimum salary for 60,000 times.

5. Each physical person can pay voluntary contributions in the amount of up to 500 times the minimum salary, and each legal person – up to 200 times the minimum salary.

6. In the event of being elected as the President of the Republic, as well as in the event of getting more than five per cent of votes cast for the candidate, the sum of the election pledge is returned; after the election, within one month of the official publication of the election results, the means left in the election fund are transferred on the account of the party, upon whose nomination he/she was registered, or they are used for charitable purposes. After the expiration of one month the means left in the election fund of the candidate are transferred to the state budget.

7. In the event of receiving less than five per cent of the votes cast for the candidate, the means left in the election fund of the candidate for the President of the Republic and the election pledge are transferred to the state budget.

8. In the event of recognizing the elections invalid, the sum left in the election fund after the elections is frozen until the registration of candidates for the new elections. The candidate registered for a repeated voting can use the means left in the fund from the previous election.

9. The candidates for the President of the Republic have the right to use only the means of their election fund for the pre-election campaign.

10. If a candidate has used means other than those of the election fund for the election campaign, the Central Election Commission has the right to apply to the Court, requesting to invalidate the registration of the candidate. The court takes a decision within five days, and in the period of five days prior to the elections – immediately. In the event of invalidating the candidate’s registration, the candidate’s name is withdrawn from the ballots, in the procedure established by the Central Election Commission.

Article 80: Record of the Financial Means

1. Acceptance and usage of budgetary means, contributions made to the election funds and expenditure, as established by the procedure of the Central Election Commission, is recorded, in conformity with the legislation of the Republic of Armenia.

2. In the procedure established by the Central Election Commission within ten days after the elections the candidates and parties present a report to the Central Election Commission, on the expenditures from the means of the election fund. Immediately upon the receipt of the reports, the Central Election Commission publishes the copies of reports, in the procedure established by the Central Election Commission.

3. The Precinct Election Commission submits a report to the Regional Election Commission on the expenditure of financial means, within ten days after the end of the elections. The Regional Election Commission submits a report on the expenditure of financial means to the Central Election Commission, within twenty days after the elections. The Central Election Commission submits a report to the Audit Chamber of the National Assembly of the Republic of Armenia, within sixty days after the elections.

Article 81: Pre-Election Campaign of the Candidate for the President of the Republic

1. The free of charge and paid for pre-election campaign of the candidates for the President of the Republic on the national television and radio company, is realized in the procedure established by the Central Election Commission.

2. The Central Election Commission ensures equal opportunities for the candidates for the President of the Republic for the use of free of charge and paid live air time on the national television and radio company.

3. A candidate for the President of the Republic is entitled to not more than 60 minutes of free live air time on the national television, and not more than 120 minutes of free live air time on the national radio.

4. A candidate for the President of the Republic, or upon his consent the party or initiative group, that has nominated him have right to use the paid for live air time of the national television for not more than 120 minutes, and the national radio for not more than 180 minutes, at the expense of the candidate’s election fund.

5. Upon the consent of the candidate for the President of the Republic the party or initiative group, that has nominated him, can also use the air time.

6. The Central Election Commission secures five minutes of air time on the national television for each candidate on the day prior to the election day.

7. The Central Election Commission reimburses to the candidates, that have received 25 and more per cent of the votes cast in the elections, fifty per cent of the costs during the pre-election campaign, from its means for the organization and conduct of elections.

CHAPTER SEVENTEEN BALLOT PAPERS: Summing Up OF THE Election RESULTS

Article 82: Ballot papers

1. Family names of the candidates in the alphabetical order, first names, and the name of the nominating party, and in the case of nomination by civil initiative – the words “civil initiative” are mentioned in the ballot paper for the elections of the President of the Republic.

2. The ballot papers for the elections of the President of the Republic are printed and prepared by the order of the Central Election Commission.

The Central Election Commissions allocates the ballot papers through the Regional Election Commissions to the Precinct Election Commissions on the day prior to voting.

3. Ballot papers are allocated in the amount of five per cent more than the number of the voters in the precinct voter list.

Article 83: Summing Up of the Election Results

1. The Central Election Commission, based on the data of summary protocols on voting results in the regions, in the procedure established by Article 60 of this Code sums up the election results, and in the dates established in point three of Article 63 takes one of the following decisions:

1). on the election of the President of the Republic;

2). on the conduct of the second round of voting;

3). on recognizing the election invalid and on the non-election of President;

4). on recognizing the election not held and on the non-election of President.

2. The disputes connected with the decision of the Central Election Commission on the results of the elections of the President of the Republic can be appealed to the Constitutional Court of the Republic of Armenia not later than within seven days after the official publication of the results.

Article 84: Decision of the Central Election Commission on the Election of the President of the Republic

1. The Central Election Commission adopts a decision on the election as the President of the Republic of the candidate, who has received more than half of the votes cast for candidates.

2. In the event of one candidate running, he/she is deemed elected, if he/she has received more than half of the votes from those participating in the voting.

Article 85: Decision of the Central Election Commission on the Conduct of the Second Round of the Elections of the President of the Republic

1. If more than two candidates were running, and none of them has received the required number of votes, on the fourteenth day after voting second round of election is held, in which the two candidates that have received most of all votes, can participate.

2. The candidate, who has received more votes in the second round, is deemed to be elected.

3. In the event of one candidate running, he/she is deemed elected, if he/she has received more than half of the votes from those participating in the voting.

Article 86: Decision of the Central Election Commission on Recognizing the Election of the President of the Republic Invalid

The election of the President of the Republic is recognized invalid, at any stage, if:

1). the amount of inaccuracies influencing the number of votes cast for the candidate has significant impact on election results, i.e. it is impossible to restore the actual election results and determine the elected candidate;

2). such violations of this Code have taken place during the preparation and conduct of the elections, which could have influenced the result of the election.

Article 87: Decision of the Central Election Commission on Recognizing the Election of the President of the Republic Not Held

The election of the President of the Republic is recognized not held, if:

1). the only candidate running has not received the required number of votes to be elected;

2). The elected candidate has died until the summing up of election results.

CHAPTER EIGHTEEN CONDUCT OF THE ELECTIONS OF THE PRESIDENT OF THE REPUBLIC

Article 88: Date of the Conduct of the Elections of the President of the Republic

1. Election of the President of the Republic is held fifty days prior to the expiration of the term of powers of the President of the Republic.

2. The Chairperson of the Central Election Commission make a statement on day of the election of the President of the Republic on the national television and radio not later than 100 days prior to the election day.

3. The day of the election of the President of the Republic is declared a day-off.

Article 89: Dates for the Nomination and Registration of the Candidate for the President of the Republic

1. Documentation required for the nomination of a candidate for the President of the Republic are submitted to the Central Election Commission by a party (party alliance) or initiative group not earlier than 90 days and not later than 75 days prior to the election day, until 6:00 p.m.

2. Support of the nomination of a candidate is done not earlier than 70 and not later than 50 days prior to the election day, until 6:00 p.m. The Central Election Commission accepts the documents supporting the nomination until the deadline for supporting the nominations

3. The registration of the candidates is done not earlier than 50 and not later than 30 days prior to the election day.

4. If until the last day of the submission of the official lists of support of the candidates, list were not submitted for any candidate or were submitted for one candidate only, the deadline for the submission of the official lists of support and the registration of the candidates is extended for five days.

Article 90: New Election of the President of the Republic

1. If the President of the Republic is not elected as envisaged by the cases in Articles 86 and 87 of this Code, on the fortieth day after the voting a new election is held. In this case the new election of the President of the Republic is held with the nomination of new candidates.

2. In the event of insurmountable obstacles for one of the presidential candidates the presidential election is postponed for two weeks. If within this term the insurmountable obstacles are not overcome or in case of death of on of the candidates before the voting, new elections are held.

3. The new election is held on the fortieth day after the obstacles have been recognized insurmountable.

Article 91: Extraordinary Elections of the President of the Republic

In the event of the resignation, death, impossibility of implementation of powers of the President of the Republic, or his impeachment, by the procedure established in Article 57 of the Constitution of the Republic of Armenia, on the fortieth day of the vacancy in the president’s office – extraordinary elections of the President of the Republic are held.

Article 92: Procedure for the Conduct of the New and Extraordinary Elections of the President of the Republic

1. The new and extraordinary elections of the President of the Republic are held in the procedure established for the regular election of this Code.

2. In cases envisaged by the Articles 86 and 87 of this Code, when holding new as well as extraordinary elections of the President of the Republic at least 20,000 signatures are collected for the support of the nomination. For that purpose fifty official papers for the support of the nomination are allocated.

3. The Chairperson of the Central Election Commission makes a statement on the day of the new and extraordinary elections of the President of the Republic, on the national television and radio not later than 39 days prior to the election day.

Article 93: Nomination and Registration of the Candidates for the President of the Republic, Formation of the Election Precincts and Precinct centers, Publication of the Voter Lists during the Extraordinary Elections of the President of the Republic

1. Documents required for the nomination of a candidate for the
President of the Republic are submitted to the Central Election Commission by a party or an initiative group not earlier than 36 and not later than 30 days prior to the election day, until 6:00 p.m.

2. Support of the nomination of a candidate is done not earlier than 28 and not later than 20 days prior to the election day, until 6:00 p.m. The Central Election Commission accepts the documents supporting the nomination until the deadline for supporting the nominations.

3. The registration of the candidates is done not earlier than 20 and not later than 12 days prior to the election day.

4. Election precincts and precinct centers are formed at least 25 days prior to the election day. The community head submits the voter lists to the head of the institution that administers the building of the precinct center at least 20 days prior to the voting day, who immediately displays them at the precinct center, in a place visible for all.

SECTION FIVE: ELECTIONS TO THE NATIONAL ASSEMBLY

CHAPTER NINETEEN GENERAL PROVISIONS

Article 94: Composition of the National Assembly

In accordance with Article 63 of the Constitution of the Republic of Armenia, the National Assembly is composed of one hundred and thirty one deputies.

Article 95: Electoral System

1. Elections to the National Assembly are held by proportional and majority systems.

2. 56 deputies are elected by the proportional system from among the number of candidates nominated for deputy by lists from one multi-member constituency, comprising the entire territory of the Republic.

3. 75 deputies are elected by the majority system – one deputy from one constituency.

Article 96: Right to Vote

1. Every citizen is entitled to one vote at the multi-member constituency, and one vote at the single-member constituency.

2. A citizen can be nominated exclusively by one list and exclusively at one majority constituency.

Article 97: Requirements for a Candidate for Deputy

1. In accordance with Article 64 of the Constitution of the Republic of Armenia, anyone who has attained the age of 25 years, has been a citizen of the Republic of Armenia for the last five years, has been a permanently residing in the Republic of Armenia for the last five years and has the right to vote, can be elected as a Deputy.

2. Members of the Constitutional Court, judges, Ministers, Deputy Ministers, Mayor of Yerevan, Deputy Mayor, Governors, Deputy Governors, employees of the Ministry of Internal Affairs and National Security, employees of tax inspection and customs department, employees of the prosecutor’s office, the military, and the insurance agents (employees of the social security) cannot be nominated as candidates for deputy to the National Assembly by the majority system. The above-mentioned persons can be registered as candidates for the deputy of the National Assembly in case they put down their powers.

3. Members of the Constitutional Court, judges, employees of the Ministry of Internal Affairs and National Security, employees of tax inspection and customs department, employees of the prosecutor’s office, and the military cannot be nominated as candidates for deputy to the National Assembly by the proportional system. The above-mentioned persons can be registered as candidates for the deputy of the National Assembly by proportional system in case they put down their powers.

Article 98: Constituencies

1. For the conduct of the elections to the National Assembly by the majority system 75 constituencies are formed on the territory of the Republic of Armenia, which shall meet the following requirements:

1). equal number of voters shall be included in the constituencies; up to 15 per cent difference of the number of voters is allowed;

2). constituencies form a unified territory; it is not allowed to include precincts without common borders in one constituency.

3). constituencies are formed and numbered by the Central Election Commission, on the basis of the number of voters registered in their regions, which is provided by the Governors. The data is submitted according to the communities, at least 95 days prior to the elections.

2. The Central Election Commission establishes and publishes the numbered list of the single-member constituencies and their plan, at least 90 days prior to elections.

3. During the extraordinary elections constituencies do not undergo changes.

CHAPTER TWENTY NOMINATION AND REGISTRATION OF THE CANDIDATES FOR DEPUTIES

Article 99: Right to Nominate a Candidate for Deputy

1. Parties and party alliances have right to nominate candidates for deputies to the National Assembly by the proportional system.

2. Party alliances can be set up in the event if at least two parties form an electoral union.

3. In the period of the elections parties, within a party alliance, cannot join other party alliance.

4. The decision on joining a party alliance is made by the permanently functioning supreme body of the party.

5. The party alliance is registered in the Central Election Commission not later than within three days after the submission of the decision of the permanently functioning supreme body of the parties.

6. Lists of the party alliances are compiled from the separate lists presented by the each of the parties within the alliance. The order of the candidates in the party lists of the alliance is decided during the joint consultations of the parties within the alliance.

7. In the event of withdrawal of a party from the party alliance the names of candidates submitted by those parties is withdrawn from the party alliance list.

8. Parties registered in the Republic of Armenia, in accordance with the procedure in Article 104, and the citizens, in accordance with Article 105 of this Code have the right to nominate candidates for deputies of the National Assembly by the majority system.

Article 100: Nomination of Candidates for Deputies of the National Assembly by the Proportional System

1. Parties present application on the participation in the elections of the National Assembly by the proportional system, upon the decision of their permanently functioning supreme body.

2. Each party has the right to nominate only one list of the candidates for deputies. Party within a party alliance has no right to nominate a separate candidates’ list on its own behalf. Women shall make at least five per cent of the candidates in the electoral lists presented by a party for the elections to the National Assembly by proportional system. Non-partisan representatives can also be included in the electoral lists presented by a party, by proportional system.

3. The application of a party on the participation in the elections of the National Assembly shall include:

1). party charter (in the event of the party alliance – the charters of al the parties in the alliance), name of the alliance;

2). decision of the permanently functioning body of the party on the nomination of candidates for deputies to the National Assembly by the proportional system, the list of the candidates, which includes – by consecutive numbers – the family name, first name, date of birth, passport number, place of registered residence, place of work and position (occupation) of nominated candidates;

3). receipt on the payment of the election pledge by the party in the amount of 2,500 times the minimum salary;

4). references, that the candidates nominated by the party lists have been a citizen of the Republic of Armenia within the last five years;

5). references, that the candidates nominated by the party lists have been permanently residing in the Republic of Armenia for the last five years;

6). written statement of the candidates nominated by the party lists of their consent for being registered as candidates for deputies;

7). declaration about his/her private property and his/her and his/her family members’ income for the last one year;

8). separate party lists presented by the parties within the alliance.

4. References mentioned in subpoints four and five of point three of this Article are allocated to the citizens nominated as candidates, in the procedure established by the Central Election Commission, by the authorized state body within three days after the application.

5. For the registration with the Central Election Commission the permanently functioning body of a party submits the data of up to three plenipotentiary representatives (family name, first name, date of birth, place of work and position (occupation).

6. The Central Election Commission ascertaining the validity of the submitted documents decides to give official papers for the support of nomination (in the amount requested) to the party, in the person of its plenipotentiary representatives registered in the Central Election Commission. The Central Election Commission establishes the procedure for the allocation of the official papers of support.

7. If a party within an alliance has refused to be registered, its representatives shall be withdrawn from the general list.

8. The sum of the election pledge of the party that has received mandate in the National Assembly by proportional system is returned; the election pledge of the parties that have not received mandates – is transferred to the state budget.

9. A party list is deemed nominated, if at least 30,000 citizens have supported its nomination and expressed their will by signing the official papers for the support of nomination.

10. The procedure for collecting signatures in the official papers for the support of nomination of parties, which have submitted application on participation in the elections of the National Assembly by the proportional system, and the verification of validity is carried out according to the procedure established in Articles 69-70 of this Code.

11. In the event of recognizing the elections invalid, the sum of the election pledge is returned.

Article 101: Registration of the Party Lists, Participating in the Elections of the National Assembly by the Proportional System

1. A party list is deemed registered, if at least 30,000 valid signatures are available in the official papers for the support of its nomination.

2. A party list is registered by the decision of the Central Election Commission.

3. At the consideration of the registration of a party list, the plenipotentiary representative of the party has right to attend the session of the commission.

Article 102: Denial in Registration or Recognition Invalid of a Party List and the Candidate on it

1. The Central Election Commission denies the registration of a party list with a two-third vote of the total number of its members, if as a result of the verification in accordance with the procedure of this code, the number of valid signatures for the support of the nomination of a party is less than 30,000.

2. The Central Election Commission denies the registration of a citizen on the party list, if:

1). the restrictions envisaged by this code extend onto him/her;

2). the documentation submitted for his/her registration have been falsified.

3. In the event of the denial of registration of a party list the sum of the election pledge is returned.

4. The Central Election Commission recognizes the registration of a candidate on a party list invalid, if:

1). he/she has submitted an application on self-withdrawal;

2). facts have been revealed after the registration, which extend onto the candidate the restrictions established by points two and three of Article 97 of this Code (in this case the name of the candidate is withdrawn from the list). The Central Election Commission settles the above-mentioned issue by a decision adopted with a two-thirds vote of the total number of the commission members.

5. In the event of recognizing the registration of the party list invalid, the election pledge, as well as the means left in the election fund are transferred to the state budget.

6. In the event of an objection about the registration of a party list or a citizen on it, the issue is put to vote. The registration is denied with a two-thirds vote of the total number of the members of the Central Election Commission. In the event of no objection – the candidate is deemed registered.

7. The decision of the Central Election Commission on the denial or recognition invalid of the registration of a party list or a citizen on it can be appealed to Court within three days after it has been taken.

8. Based on the judgement of the court on recognizing unlawful the decision on the denial or recognition invalid of the registration of a party list or a citizen on it, the party list or the citizen on it shall be recognized registered or re-registered.

Article 103: Recognition of the Registration of the Party List and the Candidate on it Out of Force

1. The registration of a party list shall be recognized out of force, if:

1). an application on self-withdrawal has been submitted;

2). the requirement under point eight of Article 18 of this Code has been violated;

3). the requirement under point 7 of Article 25 of this Code has been violated.

2. A party can submit an application on self-withdrawal to the Central Election Commission not later than ten days prior to voting.

3. Based on the application on self-withdrawal the registration of the party is recognized out of force and its election pledge, as well as the means left in the election fund are transferred to the state budget.

4. In the event of recognizing the registration of a party out of force under point eight of Article 18 and point seven of Article 25, party’s election pledge and the means left in the election fund are transferred to the state budget.

4. The registration of the candidate on a party list is recognized out of force, if he/she:

1). has submitted an application on self-withdrawal;

2). has died;

3). the requirement under point eight of Article 18 of this Code has been violated;

4). the requirement under point seven of Article 25 of this Code has been violated;

5). has lost the voting right.

Article 104: Nomination of the Candidates for the National Assembly Deputies by Parties by the Majority System

1. Parties registered in the Republic of Armenia have right to nominate candidates for the National Assembly Deputies by the majority system.

2. Parties have the right to nominate one candidate at each constituency.

3. The nomination of candidates by the majority system is carried out by the decision of permanently functioning body of the party by secret vote.

4. The permanently functioning body of the party informs of its decision in writing the relevant Regional Election Commission not earlier than sixty and not later than fifty-five days prior to the voting.

5. A party can nominate as a candidate also a person, who is not a party member.

Article 105: Nomination of the Candidates for the National Assembly Deputy by Citizens by the Majority System

1. At least fifty citizens of the Republic of Armenia who have the right to vote can form an initiative group for the nomination of the candidates for the National Assembly deputy by the majority system.

2. The initiative group applies in writing to the Regional Election Commission with a request for registration, for which, apart from the application, submits the decision of the meeting of the initiative group for the nomination of the candidate for the deputy of the National Assembly, as well as data, in accordance with Article 67 of this Code, on the two plenipotentiary representatives of the initiative group, and their credentials, in the manner proscribed by the law.

3. The decision of the meeting of the initiative group shall contain the family names, first names, dates of birth, identification documents numbers, place of residence, address and signatures of the members of the initiative group.

4. The Regional Election Commission gives seven official papers for the support of nomination to the plenipotentiary representatives of the initiative group, in the procedure and in the terms established by point eleven of Article 67 of this Code.

Article 106: Requirements for the Nomination of a Candidate for the Deputy of the National Assembly by the Majority System

1. The decision of the permanently functioning body of the party and the application (decision) of the initiative group on the nomination of the candidate for the deputy of the National Assembly by the majority system shall include the constituency number and the following data on the nominated candidate:

1). family name, first name;

2). date of birth;

3). place of registered residence;

4). place of work and position (occupation);

5). party affiliation;

6). declaration about his/her private property and his/her and his/her family members’ income for the last one year;

7). passport number.

2. Together with the submission to the Regional Election Commission of the decisions of the permanently functioning body of the party and of the initiative group on the nomination of the candidate for the deputy of the National Assembly by the majority system, the written statement of the nominated candidate on his/her willingness to be registered in the given constituency shall be submitted.

Article 107: Procedure for Collecting Signatures by Parties and Citizens for the Nomination of the National Assembly Candidates by the Majority System and the Procedure for Checking their Validity

In the term established by Article 117, parties and citizens receive official papers for the support of the nomination of the National Assembly candidates from the relevant Regional Election Commission. For the support of the nomination signatures of 2,000 voters of the given constituency shall be collected for the nomination of the given candidate; the signatures are collected and their validity is checked in accordance with the procedure established by Articles 69-70 of this Code.

Article 108: Registration of the Candidates for the Deputy of the National Assembly Nominated by the Majority System

1. Candidates for the deputy of the National Assembly nominated by the majority system are registered by the decision of the Regional Election Commission.

2. At least 45 days prior to the elections to the National Assembly parties and initiative groups submit to the Regional Election Commission for the registration of the candidates by the majority system the following documentation:

1). at least 2500 signatures of voters residing in the given constituency, confirming the nomination;

2). receipt on the payment of the election pledge in the amount of 100 times the amount of the minimum salary;

3). reference on the citizenship of the Republic of Armenia for the last five years;

4). reference on the permanent residence in the Republic of Armenia during the last five years;

The candidate submits the above-mentioned documentation to the Regional Election Commission by himself/herself or through the plenipotentiary representative.

3. In the event of being elected to the National Assembly, as well as receiving more than five per cent of the votes cast, the election pledge is returned.

4. The candidate or his/her plenipotentiary representative or the plenipotentiary representative of the party, which has nominated him/her, has the right to be present at the meeting of the commission during the consideration of the registration of the nomination of a candidate.

The Regional Election Commission denies the registration of a nominated candidate, if:

1). the number of valid votes in the official papers for the support of the candidacy after the verification is less than 2000;

2). restrictions envisaged by this Code extend onto the citizens nominated for the candidate;

3). the documentation submitted for the registration are falsified.

5. In the event of an objection about the registration of the citizen nominated for the candidate, the issue is put to vote. The registration is denied with at least two-thirds vote of the total number of the members of the Central Election Commission. In the event of no objection – the candidate is deemed registered.

6. In the event of the denial of the registration of the citizen nominated for the candidate, his/her election pledge is returned.

7. The Regional Election Commission recognizes the registration of the citizen nominated for the candidate invalid, if after the registration facts have been revealed, by the force of which the restrictions under this Code extend onto the candidate.

8. In the event of recognizing the registration of the candidate invalid, his/her election pledge and the means left in the election fund are transferred to the state budget.

9. The decision of the Regional Election Commission on the denial or recognizing invalid the registration of the candidate for the deputy can be appealed to court within three days of it adoption.

10. Based on the judgement of the court on recognizing the decision on the denial or recognition invalid of the registration of the candidate for the deputy unlawful, he/she is recognized registered or re-registered.

Article 109: Recognition Out of Force of the Registration of the National Assembly Candidate Nominated by the Majority System

The registration of the National Assembly candidate by the majority system is recognized out of force, if he/she:

1). has lost his voting right;

2). has submitted an application on self-withdrawal;

3). has died;

4). has violated the requirement under point eight of Article 18 of this Code;

5). has violated the requirement under point seven of Article 25 of this Code;

2. In the event of recognizing the registration of the candidate nominated for the deputy of the National Assembly by the majority system out of force as a result of his/her death, the election pledge is transferred to his/her heirs, and the means left in the election fund are transferred to the state budget.

3. In the event of recognizing the registration of the candidate nominated for the deputy of the National Assembly by the majority system out of force under point eight of Article 18 and point seven of Article 25 of this Code the election pledge and the means left in the election fund are transferred to the state budget.

4. In the event of recognizing the registration of the candidate nominated for the deputy of the National Assembly by the majority system out of force as a result of losing the voting right, the election pledge is returned and the means left in the election fund are transferred to the state budget.

CHAPTER TWENTY-ONE STATUS OF THE CANDIDATE FOR DEPUTY

Article 110: Equality of the Candidates for National Assembly Deputies

Candidates for deputy have equal rights and responsibilities.

Article 111: Rights, Responsibilities and Guaranties for the Activity of the Candidates for National Assembly Deputies

1. Those candidates, who are employees of the state and local self-governing bodies of the Republic of Armenia, are released from the performance of their official duties, from the time of registration until the official publication of the election results.

2. The candidates are released from call-ups, military service and military training until the official publication of the election results.

3. The term of participation in the elections is considered as service term for the candidate in the profession, to which the candidate belonged until registration.

4. Candidates have right to withdraw their candidature not later than ten days prior to the election. In the event of the withdrawal of the candidacy the election pledge and the means left in the election fund are transferred to the state budget.

5. Parties have right to withdraw their party lists, as well as withdraw any candidacy registered in the lists by the decision of the permanently functioning body of the party. That decision is immediately submitted to the Central Election Commission. It is forbidden to make any changes in the party electoral lists after the close of voting.

6. A candidate on the party list can be arrested, subjected to administrative or criminal liability by court order, solely upon the consent of the Central Election Commission, and the candidates nominated to the National Assembly by the majority system – upon the consent of the Regional Election Commission. The Central Election Commission and the Regional Election Commission take a decision on the above-mentioned issue by at least two-thirds vote of the total number of the members of the commission.

CHAPTER TWENTY-TWO Pre-election Campaign during the Elections to the national assembly

Article 112: Election fund of the Candidate for Deputy and the Party

1. The candidate for the deputy and the party that has nominated an election list to the National Assembly by the majority system, for the purpose of conducting pre-election campaign, can establish an election fund under the name of their plenipotentiary representative, which is formed from voluntary contributions according to Article 25 of this Code.

2. A candidate has the right to make a contribution to his/her own election fund in the amount 1,000 times the minimum salary of the Republic of Armenia, and a party – in the amount of 2,000 times the minimum salary.

3. Each physical person can make a voluntary contribution in the amount of up to fifty times the minimum salary, and each legal person – up to 150 times the minimum salary.

4. During the pre-election campaign a candidate has the right to spend an amount not exceeding 5,000 times the minimum salary, and a party – an amount not exceeding 60,000 times the minimum salary.

5. Candidates for deputies of the National Assembly and parties, participating in the elections of the National Assembly, registered in the procedure established by this Code, for the purpose of conducting pre-election campaign have the right to use the means of their election funds only.

Article 113: Pre-Election Campaign

1. Pre-election campaign during the elections to the National Assembly is conducted in accordance with the procedure and dates established under Articles 18-23 of this Code.

2. Parties participating in the elections to the National Assembly, in the period of the pre-election campaign enjoy the rights established by Article 81 of this Code.

CHAPTER TWENTY-THREE ballot papers, summing up of the Election results

Article 114: Ballot Papers

1. The elections to the National Assembly by the proportional and majority systems are held with separate ballot papers.

2. A ballot paper for the elections to the National Assembly by the proportional system contains the names of parties (party alliances) in the alphabetical order, as well as the family names and first names of the first three candidates on the list.

3. Ballot papers for the elections to the National Assembly by the proportional system are printed by the order of the Central Election Commission. The Central Election Commission, through the Regional Election Commissions allocates the ballot papers to the Precinct Election Commissions on the day prior to voting. The ballot papers shall be of the same colour.

4. A ballot paper for the elections to the National Assembly by the majority system contains the family names and the first names of the candidates in the alphabetical order, according to the family name, and the name of the nominating parties (party alliances), and in the event of civil initiative – the words “Civil initiative”.

5. Ballot papers for the elections to the National Assembly by the majority system are printed by the order of the Regional Election Commission. The Regional Election Commission allocates the ballot papers to the Precinct Election Commissions on the day prior to voting.

6. Ballot papers shall be of the same colour, and differ from the colour of the ballot papers mentioned in point two of this Article.

7. Ballot papers are allocated in the amount five per cent more, than the number of the voters on the precinct voter list.

Article 115: Summing Up of the Election Results to the National Assembly by the Proportional System

1. The Central Election Commission based on the data of the summary protocols of voting results in the regions, in the procedure and dates established by Article 63 of this Code sums up the election results, and takes one of the following decisions:

1). on the election of the deputies of the National Assembly by the proportional system;

2). on recognizing the election to the National Assembly by the proportional system – invalid;

2. Mandates envisaged for the National Assembly by the proportional system are distributed among those party lists, which have received at least five per cent of the total of the number of the votes cast for party lists, participating in the elections and the number of inaccuracies. In case only one party has received the five per cent of the total of the number of the votes cast for party lists and the number of inaccuracies, influencing the vote, the two parties that have received the next maximum votes participate in the distribution of the mandates. If up to three parties are participating in the elections to the National Assembly by the proportional system, then all the parties participate in the distribution of mandates.

3. Mandates envisaged for the National Assembly by the proportional system are distributed among the party lists – proportional to the votes cast for them. The counting of the mandates to be distributed to each party list is done as follows: the number of votes cast for each list is multiplied by the number of mandates to be allocated to the lists, the result is divided by the total number of votes cast for the lists participating in the distribution of the mandates, and the integer numbers are separated, which are the numbers of mandates to be allocated to each list.

4. The rest of the mandates are distributed among the lists by the magnitude of residuals, on the principle of one mandate to each. In the event of the equality of the magnitude of residuals the disputed mandate is given to the list, which has received the biggest number of “yes” votes. In the event of their equality the matter is settled by drawing a lot.

5. The candidate, whose consecutive number in the list is small or equal to the number of mandates to be allocated to the given list is considered elected by the list.

6. The mandate to be allocated to the candidate elected by the proportional system, but who has been also elected by the majority system, shall be given to the next candidate on the list.

7. Elections to the National Assembly by the proportional system are recognized invalid, if:

1). Such violations of this Code have taken place during the preparation and conduct of the elections, that could have influenced the election results.

8. Appeals in connection with the arguments on the results of the elections to the National Assembly by the proportional system can be presented to the Constitutional Court of the Republic of Armenia not later than within seven days of the official publication of the results.

Article 116: Summing Up of the Election Results to the National Assembly by the Majority System

1. Based on the data of the summary protocols of voting, in the procedure and dates established by Article 62 of this Code, the Regional Election Commission sums up the election results according to constituencies, and takes one of the following decisions:

1). on the election of a deputy;

2). on recognizing the elections of the deputies invalid;

3). on recognizing the elections of the deputies not held;

2. The candidate, who has received the maximum “yes” votes, is deemed elected deputy.

3. In the event if only one candidate is running at the elections, he/she is deemed elected, if he/she has received more than half of the votes of the participants in the elections.

4. In the event if two and more candidates have received maximum equal “yes” votes, drawing is held among them, to determine the elected candidate.

5. The election of the deputies is recognized invalid, if the amount of inaccuracies influencing the number of votes excludes the possibility of determining the elected candidate.

6. In the event of recognizing the election of deputies invalid, fourteen days after the election, in the procedure established by this Code and with the same composition of candidates, repeated voting is held.

7. The election of a deputy is recognized not held, if:

1). the one candidate running has not received the required number of votes for being elected;

2). the elected candidate has died until the summing up of the election results.

8. Within two hours after the decision on the summing up of the election results has been made, the Chairperson of the Regional Election Commission sends a report to the Central Election Commission.

9. Appeals in connection with the arguments on the results of the elections to the National Assembly by the majority system can be presented to the Constitutional Court of the Republic of Armenia not later than within seven days of the official publication of the results.

10. In the event if the election of a deputy has been recognized invalid by the decision of the Constitutional Court of the Republic of Armenia, fourteen days after the decision has entered into legal force, in the procedure established by this code and with the same composition of candidates repeated voting is held.

11. In the event if the election of a deputy has been recognized not held, new election is held on the fortieth day after the voting. In that case the election of the deputy is held with new nominations and in the dates envisaged for extraordinary elections.

CHAPTER TWENTY-FOUR designation and conduct of the elections to the national assembly

Article 117: Dates for the Designation and Conduct of the Regular Elections of the National Assembly and for the Nomination and Registration of the Candidates

1. Regular elections to the National Assembly are held within 60 days proceeding the end of its authorities.

2. The President of the Republic issues a decree on the designation of regular election, not later than 100 days before the conduct of elections.

3. The parties receive official papers of support for the nomination of candidates for the election to the National Assembly by the proportional system from he Central Election Commission not earlier than 65 and not later than 60 days prior to the election day.

4. The documentation required for the registration of the candidates is submitted to the Central Election Commission not later than 45 days prior to the election day, until 6:00 p.m.

5. The registration of the party lists is done not earlier than 45 and not later than 35 days prior to the election day, until 6:00 p.m.

6. Official papers of support for the nomination of candidates for the election to the National Assembly by the majority system are received from the Regional Election Commission not earlier than 60 and not later than 55 days prior to the election day.

7. The documentation required for the registration of the candidates by the majority system is submitted to the Regional Electoral Commission not earlier than 45 days prior to the election day, until 6:00 p.m.

8. The registration of the candidates for the deputies of the National Assembly by the majority system is done not later than 35 days prior to the election day, until 6:00 p.m.

9. In the event if official papers of support for one candidate or one party list are submitted in the dates established by points four and seven of this Article, those dates, as well as the dates mentioned in the points five and seven are extended for five days.

Article 118: Designation and Conduct of the By-elections of the National Assembly

1. In the event of a vacancy in the National Assembly by the majority system after the regular elections or as a result of pre-termination of powers of a deputy, by-elections are held at the relevant constituency.

2. By-elections to the National Assembly by the majority system are held in the procedure established for regular elections:

1). on the third Sunday in May, if the mandate has been left vacant until the 1^st of March;

2). on the third Sunday m October, if the mandate has been left vacant until the 1^st of August.

3. In the fourth year of the powers of the National Assembly by-elections by majority system are not held.

4. By the decision of the Central Election Commission the mandate of a deputy elected by the proportional system, whose term of powers has pre-terminated, is given to the candidate next on the relevant list, within one week. If there is no other candidate on the party list, the mandate stays vacant.

5. In the event if the elections to the National Assembly by the proportional system are recognized invalid, by-elections are held 60 days after the election.

Article 119: Designation and Conduct of the Extraordinary Elections of the National Assembly

1. Extraordinary elections are held no earlier than 30 and not later than 40 days after the dissolution of the National Assembly.

2. The President of the Republic issues a decree on the designation of the extraordinary elections together with the decree on the dissolution of the National Assembly.

3. A party submits the required documentation for the nomination of candidates to the National Assembly by the proportional system to the Central Election Commission, not later than 25 days prior to the election day, until 6:00 p.m.

4. The registration of the party lists is done not earlier than 25 and not later than 20 days prior to the election day, until 6:00 p.m.

5. Documentation required for the nomination of the candidates by the majority system is submitted to the Regional Election Commission not earlier than 20 and not later than 15 days prior to the election day, until 6:00 p.m.

6. The registration of the candidates for the deputy of the National Assembly by the majority system is done not earlier than 15 and not later than 10 days prior to the election day, until 6:00 p.m.

SECTION SIX: ELECTIONS TO THE LOCAL SELF-GOVERNING BODIES

CHAPTER TWENTY-FIVE GENERAL PROVISIONS

Article 120: Electoral System

1. For the election of the community head majority constituencies are formed on the territory of the community.

2. The community council comprises of:

1). five members – in a community with a population of up to 3,000 inhabitants;

2). ten members – in a community with a population of 3,001 to 20,000 inhabitants;

3). fifteen members – in a community with a population of more than 20,001 inhabitants.

3. For the election of the community council the territory of the community is considered:

1). one multi-member majority constituency – in a community of up to 3,000 inhabitants;

2). two multi-member majority constituencies – in a community of 3,001 to 20,000 inhabitants, each constituency having five mandates. The number of the population in the community constituency shall not exceed 55 per cent of the population of the community;

3). three multi-member majority constituencies – in a community with over 20,001 inhabitants, each constituency having five mandates. Up to five per cent variance is allowed between the community constituencies.

Article 121: Right to Vote

Every citizen has the right to one vote:

1). at the election of the community head,

2). at the election of the council members.

Article 122: Requirements for the Candidates for Community Head and Council Member

1. Every citizen of the Republic of Armenia, who has attained the age of 25 years, has been a resident of the given community for at least the last one year, and has voting right, can be elected as community head.

2. Every citizen of the Republic of Armenia, who has attained the age of 21 year, has been a resident of the given community for at least the last one year, and has voting right, can be elected a council member.

3. Members of the Constitutional Court and judges cannot be nominated as candidates for community head and council member.

CHAPTER TWENTY-SIX Nomination of the Candidates for

Community Head and Council Member

Article 123: Nomination of the Candidates for Community Head and Council Member

1. Citizens have the right to be nominated as candidates for community head and the council member by self-nomination, upon submitting to the relevant Regional Election Commission an application and a receipt on the payment of the election pledge; in the communities with up to 5,000 voters it makes fifty times the minimum salary for the community head, and ten times – for the council member; in the communities with over 5,000 voters it makes one hundred times the minimum salary for the community head, and twenty times – for the council member

2. In the event of being elected as the community head, as well as getting more than five per cent of votes cast for the candidates the sum of the election pledge of the candidate is returned. In the event of getting less than five per cent of votes, the sum of the election pledge is transferred to the state budget.

3. In the event of being elected as a council member, as well as getting more than five per cent of votes cast for the candidates in the constituency the sum of the election pledge is returned. In the event of getting less than five per cent of votes, the sum of the election pledge is transferred to the state budget.

4. In the application on the elf-nomination, the citizen mentions his/her family name, first name, date of birth, place of residence, place of work, position (occupation) and party affiliation.

5. The citizen, who is nominating himself / herself, encloses together with the submitted application:

1). receipt on the payment of the election pledge;

2). reference on the citizenship of the Republic of Armenia for the one last year;

3). reference on being registered in the given community for the one last year.

4). declaration about his/her private property and his/her and his/her family members’ income for the last one year.

6. References mentioned in the subpoints two and three, of point five of this Article are allocated to the citizen nominating himself / herself for the candidate by the authorized state body, within three days after the application has been presented, in the procedure established by the Central Election Commission.

7. The above-mentioned documentation is submitted by the self-nominating candidate for the community head and council member in person or through his/her plenipotentiary representative.

8. A candidate for the community head can be nominated in one community only. A candidate for the council member can be nominated in one constituency only.

Article 124: Registration of the Candidates for Community Head and Council Member

1. Candidates nominees for the community head and the council member are registered by the decision of the Regional Election Commission. The nominated candidate or his/her plenipotentiary representative has the right to attend the meeting of the commission during the consideration of the issue of the registration.

2. The Regional Election Commission denies the registration, if:

1). restrictions anticipated by this Code extend onto the citizen nominated as a candidate;

2). The documents submitted for registration have been falsified. In the event of an objection about the registration of the candidate nominated for the community head and the council member, the issue is put to vote. The registration is denied with at least two-thirds vote of the members of the Regional Election Commission. In the event of no objection – the candidate is deemed registered. In the event of denial of the registration of the citizen nominated for the community head and council member, his/her election pledge is returned.

3. The Regional Election Commission recognizes the registration of the candidate nominated for the community head or the council member invalid, if after the registration, facts have been revealed, by the force of which the restrictions under this Code extend onto the candidate. In the event of recognizing the registration of the candidate invalid, the sum of the election pledge and the means in the election fund are transferred to the state budget.

4. The decision of the Regional Election Commission on the denial in registration or recognizing invalid the registration of the candidate nominated for the community head or the council member can be appealed to the court within three days after it has been adopted. Based on the court judgement on recognizing the decision of the Regional Election Commission on the denial in registration or recognizing invalid the registration of the candidate nominated for the community head or the council member unlawful, he/she is recognized registered or re-registered.

Article 125: Recognizing the Registration of the Candidates Nominated for Community Head and Council Member Out of Force

1. The registration of the candidate for the community head and the council member is recognized out of force, if he/she:

1). has lost the voting right;

2). has submitted an application on self-withdrawal;

3). has died;

4). the requirement under point eight of Article 18 of this code has been violated;

5). the requirement under point seven of Article 25 of this code has been violated;

2. The candidate nominated for the community head or the council member can submit an application on self-withdrawal to the Regional Election Commission not later than ten days prior to voting. Based on the application for self-withdrawal the registration of the candidate nominated for the community head or the council member is recognized out of force, the sum of his/her election pledge and the means left in the election fund are transferred to the state budget.

3. In the event of the death of the candidate nominated for the community head or council member, his registration is considered out of force; the sum of the election pledge is transferred to his/her heirs, and the means left in the election fund are transferred to the state budget.

4. In the event if the registration of the candidate nominated for the community head or council member has been recognized out of force in conformity with point eight of Article 18 and point seven of Article 25 of this Code, the sum of the election pledge and the means left in the election fund are transferred to the state budget.

5. In the event if the registration of the candidate nominated for the community head or council member has been recognized out of force in conformity with subpoint one of point one of this Article, the sum of the election pledge is returned and the means left in the election fund are transferred to the state budget.

CHAPTER TWENTY-SEVEN Status of the Candidates nominated for Community Head and Council Member

Article 126: Equality of the Candidates Nominated for Community Head and Council Member

Candidates nominated for the community head have equal rights and responsibilities. Candidates nominated for the council member have equal rights and responsibilities.

Article 127: Guaranties for the Activity of the Candidates Nominated for Community Head and Council Member

A candidate nominated for the community head or council member can be arrested with the consent of the Regional Election Commission. The Regional Election Commission makes a final decision on the matter with at least two-thirds vote of the commission members participating in the voting.

CHAPTER TWENTY-EIGHT PRE-election campaign of the Candidates nominated for Community Head and Council Member

Article 128: Election Fund of the Candidates Nominated for the Community Head and the Council Member

1. A candidate nominated for the community head or the council member can establish an election fund in his/her name or in the name of his/her plenipotentiary representative, which is formed from the voluntary contributions mentioned in Article 25 of this Code. Each physical person can make a contribution of up to 25 times the minimum salary, and each legal person – up to 150 times the minimum salary.

2. The candidates nominated for the community head or the council member have the right to use the means of their election funds only, for the pre-election campaign.

Article 129: Pre-Election Campaign

Pre-election campaign for the elections to the local self-governing bodies is conducted in the procedure and dates established by Articles 18-23 of this Code.

CHAPTER TWENTY-NINE ballot papers, summing up of the Election results

Article 130: Ballot Papers

1. Elections of the candidates nominated for the community heads and council members are held by separate ballots.

2. The ballot paper for the election of the community heads contains the family names and the first names of the candidates in the alphabetical order of the family name, party affiliation, and if necessary other passport data. The ballot papers for the election of the community heads and the council members are prepared by the order of the Regional Election Commission. The Regional Election Commission allocates the ballot papers to the Precinct Election Commissions on the day prior to the voting day. Ballot papers shall be of the same color.

3. The ballot papers for the election of the council members contain the family names and the first names of the candidates in the alphabetical order of the family name, party affiliation, and if necessary other passport data. Ballot papers shall be of the same color and differ from the color of the ballot papers for the election of the community heads.

4. Ballot papers are allocated in the amount of five per cent more than the number of voters on the precinct voter list.

Article 131: Procedure for the Summing Up of the Election Results

1. Based on the summary protocols of the voting results received from the Precinct Election Commissions, the Regional Election Commission, at its session, which can be attended by persons who have the right to be present, draws up summary protocols on the election results in the community.

2. In case there is a written application of two members of the Precinct Election Commission the Regional Election Commission verifies and checks the conformity of the data of the precinct summary protocol on the voting results at the relevant precinct, with the actual voting data. The authors of the special opinion and the Chairperson of the relevant Precinct Election Commission can participate in the verifications.

3. In case of revealing discrepancies as a result of the verification the Regional Election Commission draws up verified summary protocols on the voting results of the given precinct which are attached to the provisional protocols of the Precinct Election Commission. The members of the commission attending the session sign the verified protocols. The protocols are sealed by the seal of the Regional Election Commission. If a member of the Regional Election Commission has a special opinion on the data of the verified protocols, it is attached to the protocol. A note thereof is made in the protocol next to his/her signature. If a commission member refuses to sign the verified protocols, a note thereon is made in the protocol.

Article 132: Procedure for the Summing Up of the Precinct Protocols at the Regional Election Commissions

1. Summary protocols of the election results of the candidates for the community head and council members are drawn up separately.

2. The summary protocol shall contain:

1). name of the community and the election day;

2). family names and first names of the Regional Election Commission members attending the session and of the absentees;

3). family names and first names of the proxies, observers and the representatives of mass media attending the meeting of the Regional Election Commission, and the names of their organizations;

4). the total number of the citizens included on all the precinct voter lists of the community;

5). the total number of the registered citizens;

6). the total number of the votes cast for each candidate;

7). the amount of inaccuracies influencing the votes.

Each datum to be entered in the protocol is read out.

3. Summary protocols of the voting results are drawn up in the procedure and terms established by Article 62.

4. The members of the Regional Election Commission sign the summary protocol of the voting results. The protocol is sealed by the seal of the commission. If the signature of a commission member is missing, a note thereof is done in the protocol.

Article 133: Summing Up of the Election Results of the Candidate Nominated for the Community Head

1. Based on the data of the summary protocols of voting results of the community head, the Regional Election Commission sums up the election results and in the procedure and terms established by Articles 62 of this code, adopts one of the following decisions:

1). on the election of the community head;

2). on recognizing the election of the community head invalid;

3). on recognizing the election of the community head not held.

2. The candidate, who has received maximum “yes” votes, is deemed elected. In case one candidate is running for elections, he/she is deemed elected, if he/she has received more than half of the votes of the voters.

3. Elections of the candidate nominated for the community head are recognized invalid, if the amount of the inaccuracies influencing the number of votes excludes the possibility of determining the elected candidate. In the event of recognizing the election of the community head invalid, fourteen days after the election, in the procedure established by this Code and with the same composition of candidates repeated voting is held.

4. Elections of the candidate nominated for the community head are deemed not held, if:

1). the only candidate running has not received the required number of votes for being elected;

2). the elected candidate has died until the summing up of election results;

3). as a result of the repeated voting, basis for recognizing the elections of the community head not held, have become available.

5. Within two hours after the decision on the election of the community head has been adopted, the Chairperson of the Regional Election Commission forwards a notification to the Central Election Commission and the relevant governor.

6. The decision of the Regional Election Commission on the results of the elections of the candidate nominated for the community head can be appealed to court within three days after it has been adopted.

7. In the event if the court has ruled to recognize the election of the candidate nominated for the community head invalid, fourteen days after the decision has entered into legal force, repeated voting is held in the procedure established by this Code, with the same composition of candidates.

8. Repeated voting with the same composition of candidates can be held only once.

Article 134: Summing Up of the Election Results of the Candidates Nominated for the Council Member

1. Based on the data of the summary protocols of the election of the candidates nominated for the community council members, the Regional Election Commission sums up the election results, and within five days after the close of voting makes one of the following decisions:

1). on the election of the community council members;

2). on recognizing the election of the community council members invalid;

3). on recognizing the election of the community council members not held.

2. Election results of the candidates nominated for the community council members are summed up according to the multi-member majority constituencies, as established by point three of Article 120 of this Code.

3. Elections of the candidates nominated for the community council members can be recognized invalid or not held according to the multi-member majority constituencies, as established by point three of Article 120.

4. The first five candidates for the community council members, who have received the maximum “yes” votes, are considered elected at the given multi-member majority constituency.

5. The election of the community council members is recognized invalid, if the amount of the inaccuracies influencing the number of votes excludes the possibility of determining the elected candidate. In case the election of the community council members has been recognized invalid, fourteen days after the election repeated voting is held in the procedure established by this Code and with the same composition of the candidates.

6. The election of the community council member is considered not held, if as a result of the repeated voting, basis is available for recognizing the election of the community council member invalid. In case the election of the candidates nominated for the community council members has been recognized invalid by the decision of the court, fourteen days after the decision has entered into legal force, repeated voting is held in the procedure established by this Code and with the same composition of the candidates.

7. In the event of the equal number of votes received in the election of candidates nominated for community council member, the distribution of the mandates is done by drawing a lot in the procedure established by the Central Election Commission.

8. The Chairperson of the Regional Election Commission within two hours after the decision on the election of the community council members has been adopted, forwards a report to the Central Election Commission and the relevant governor.

9. The decision of the Regional Election Commission on the election results of the candidates nominated for the community council members can be appealed to court with three days after it has been adopted.

CHAPTER THIRTY DATES AND PROCEDURE FOR THE Designation and Conduct of the Elections TO THE LOCAL SELF-GOVERNING BODIES

Article 135: Dates of the Conduct and Designation of Regular Elections and of the Nomination and Registration of Candidates

1. Regular elections to the local self-governing bodies are held not later than 30 days prior to the expiration of the term of powers of the local self-governing bodies.

2. The decision on the designation of regular elections is adopted by the relevant Governor not later than 60 days prior to the expiration of the term of powers of the community head.

3. The documentation required for the nomination of the candidates is submitted to the Regional Election Commission not earlier than 30 and not later than 25 days prior to the election day, until 6:00 p.m.

4. The registration of the candidates is done not earlier than 25 and not later than 20 days prior to the election day, until 6:00 p.m.

Article 136: Dates and Procedure for the Formation of the Multi-Member Majority Constituencies

1. A community with a population of up to 3000 inhabitants is considered one multi-member majority constituency for the elections to local self-governing bodies.

2. The community with a population of more than 3000 inhabitants is divided into majority constituencies by the relevant Governor (Mayor of Yerevan), upon the recommendation of the community head (district head).

3. The community is divided into multi-member majority constituencies not later than 35 days prior to the election day.

Article 137: Designation and Conduct of New Elections

On the thirtieth day after the decision of the Regional Election Commission on recognizing the elections of the candidates nominated for the community head or council members not held or on the thirtieth day after the entry into force of the court judgement, new election are held. New elections are held with newly nominated candidates, in the procedure established by Article 138 of this code, for the conduct of the extraordinary elections.

Article 138: Designation and Conduct of Extraordinary Elections

1. Extraordinary elections for the community head are held within 30 days after the vacancy in the office.

2. Government adopts a decision on the designation of the extraordinary elections simultaneously with the dismissal from the office of the community head or pre-termination of his/her powers.

3. In the event of the reduction of the total number of the community council members twice as much, extraordinary elections of the community council members are held within 30 days time.

4. Documentation required for the nomination of the candidates is submitted to the Regional Election Commission not earlier than 18 and not later than 15 days prior to the election day, until 6:00 p.m.

5. Registration of the candidates is done not earlier than 15 and not later than 12 days prior to the election day, until 6:00 p.m.

PART THREE

CHAPTER THIRTY-ONE LIABILITY FOR THE VIOLATIONS OF THE PROVISIONS OF THIS CODE

Article 139: Liability for the violations of the provisions of this Code

Registration in the voter lists in more than one precinct, voting more than once;

Violation by the community head (district head) in the procedure and dates of the compilation of the voter lists;

Falsification of the official lists of support of the candidates;

Voting in the place of another person;

Falsification of the voting results;

Concealing the ballot papers, stuffing of the ballot boxes with new ballot papers;

Distortion of the elections results on purpose;

Falsification of the ballot papers and the seals of the electoral commissions;

Falsification of the protocols on the election and voting results;

Armed entry into the precinct center (not in the time of professional activities);

Taking the military in the line or with arms or forcing to do so by the order of the senior in rank;

Hindering the normal operation of the electoral commissions on purpose;

Election campaigning on the day of the voting and the day prior to it;

Hindering the free expression of the voters will;

Conduct of forced methods against or insulting the member of an electoral commission, observer, proxy, representative of the means of mass media, member of their initiative group;

Hindering the election functions;

Theft of Ballot Boxes;

Hindering the normal operation of the electoral activities by the members of the electoral commissions, or state employees, or officers of the local self-governing bodies;

Coercing the free expression of the voters will;

Violating the secret ballot;

Publication of the results of the public opinion surveys on the rating of the candidates during the seven days period prior to the elections;

Tearing off or making graffiti on the election posters affixed to the specially allocated places;

Dissemination of false and calumny information about the candidates or parties;

Deception of the person, incapable of filling in the ballot paper personally;

Conduct of pre-election campaign and dissemination of any type of campaign materials;

Hindering the natural process of the pre-election campaign;

Dissemination of anonymous printed campaign materials;

Not presenting declaration on the expenditures of the means from the election fund, by the candidates and parties, according to the established procedure;

Not returning the seals of the electoral commissions;

Not ensuring equal opportunities for the candidates by the state and private means of mass media;

Hindering the familiarization with the electoral documentation, specimens of the ballot papers, decisions of the electoral commissions by the proxy, observer and the representative of the mass media, not submitting the copies of the protocols of election commissions, or not allowing to make excerpts from them;

Not filling in or not properly filling in the register of the electoral commissions result in the liability in the procedure established by the Law.

CHAPTER THIRTY-TWO Transitional and Concluding Provisions

Article 140: Term of Operation of the Current Central and Regional Electoral Commissions

The current Central and Regional Election Commissions continue their activity and perform the powers of the Central Election Commission and the Regional Election Commissions established by this Code until the formation of the new Central Election Commission and Regional Election Commissions.

Article 141: Concluding Provisions

1. Upon the entry into force of this Code the following laws are out of force:

1). “Law on the Elections of the Deputies of the National Assembly of the Republic of Armenia” of 1995, adopted on April 4;

2). “Law on the Elections of the President of the Republic of

Armenia” of 1996, adopted on May 30;

3). “Law on the Elections to Local Self-Governing Bodies” of

1996, adopted on June 10.

YERKRAPAH parliamentary group

THIRD READING

Reference

G. TADEVOSSIAN

1). In the subpoint two of point three of Article 100, after the word “about” delete the phrase “attaching -- comprising of at least 56 candidates”, afterwards as it is in the text.

ADOPTED

2). Delete the first sentence of point three of Article 102 and point five.

ADOPTED

3). Delete subpoint four and five of Article 103.

ADOPTED

1. MKRTCHIAN, A. MARGARIAN

1). Eliminate the coupon system.

ADOPTED.

In connection with that:

2). Relevant changes have been made to Articles 49, 50, 53, 55, 56, 57, 58, 60, 61, 62, and 63. The titles of Articles 58, 59, and 60 have also been accordingly changed. In connection with that replacements and technical corrections have been made in the following Articles: 2, 9, 18, 25, (title of Chapter Six), 30, 35, 36, 37, 40, 41, 47, 48, 50, 83, 99, and 100. In connection with the elimination of the coupon system, the Articles 61, 62, 63, 115, 116, 132, and 133, which are related to the dates for the summing up of the election results, relevant changes have been made. For the Precinct Election Commission – 12 hours (instead of the previous 18 hours); for the Regional Election Commission – provisional 22 hours (instead of the previous 24 hours), final, in the event of not appealing, 48 hours, and in the event of appealing – four days (instead of the previous five days); for the Central Election Commission – provisional 28 hours (instead of the previous 38 hours), final – 72 hours in the event of not appealing, and if it has been appealed – five days (previously – seven days).

STANDING COMMITTEE ON THE STATE AND LEGAL ISSUES

PROPOSAL ADOPTED.

G. HOVEYAN

1). Replace the words “permanently residing for ... years” with “having registration of ... years” in points one and two of Article 122.

ADOPTED.

2). Replace the words “permanently residing” with “registered” in the subpoint three of point five of Article 123.