A ballot that does not take part in the voting is invalid. Voting ballot: grounds for invalidation

1. If members of a precinct election commission, when sorting ballot papers, have doubts about determining the will of the voter, then the corresponding ballot paper:

• It is destroyed according to an act by members of the precinct election commission.
• Considered invalid.
• It is put aside in a separate bundle, and after sorting all the ballots, the precinct election commission decides on its validity by voting.

Invalid ballots are counted and totaled separately. Ballots that do not contain marks in the squares opposite the names of candidates, names of electoral associations, in the squares related to the positions “Yes” and “No” (“For” and “Against”), or in which the number of marks in the indicated squares exceeds the number of marks established by law. If doubts arise as to the determination of the will of a voter or referendum participant, this ballot shall be put aside in a separate bundle. After sorting is completed, the precinct commission decides on the validity of all questionable ballots by voting, with the reasons for recognizing it as valid or invalid on the back of the ballot. This entry is confirmed by the signatures of two or more voting members of the precinct commission and certified by the seal of the commission. A ballot declared valid or invalid is added to the corresponding stack of ballots. The total number of invalid ballots (taking into account the number of ballots declared invalid in accordance with paragraph 12 of this article and paragraph 9 of Article 65 of this Federal Law) is entered in line 10 of the protocol on voting results and its enlarged form

2. Can a voter be removed from the voter list?

• Maybe, but only according to personal desire.
• This is allowed only if there are official documents confirming the fact of his departure from the territory of the polling station.
• No, this is not allowed.

A citizen of the Russian Federation who has active voting rights, the right to participate in a referendum, has the right to apply to the precinct commission with an application for inclusion in the list of voters, referendum participants, about any error or inaccuracy in the information about him included in the list of voters, referendum participants. Within 24 hours, and on voting day within two hours from the moment of application, but no later than the end of voting, the precinct commission is obliged to check the information and documents submitted by the applicant and either eliminate the error or inaccuracy, or make a decision to reject the application, indicating the reasons for this rejection by delivering a certified copy of this decision to the applicant. The decision of the precinct commission to reject an application for inclusion of a citizen of the Russian Federation in the list of voters, referendum participants can be appealed to a higher commission or to the court (at the location of the precinct commission), which are obliged to consider the complaint (application) within three days, and in three or less days before voting day and on voting day - immediately. If a decision is made to satisfy the complaint (application), corrections in the list of voters and referendum participants are made immediately by the precinct commission. Exception citizen of the Russian Federation from the voter list, referendum participants after it has been signed by the chairmen and secretaries of the relevant commissions and certified by the seals of these commissions in the manner prescribed by paragraph 12 of this article, is carried out only on the basis of official documents, including messages from a higher commission about the inclusion of a voter, referendum participant in the list of voters, referendum participants at another polling station, referendum site, as well as in the case of issuing an absentee certificate to a voter, referendum participant. Moreover, in the list of voters, referendum participants, as well as in the database GAS

3. The election commission received a statement from a citizen about a violation of election legislation. In what form should the commission provide an answer?

• By phone number indicated in the application.
• Must be in writing.
• The type of answer does not matter, the main thing is to check and answer.

Commissions are obliged within the limits of their competence, consider appeals regarding violations of the law received during the election campaign, referendum campaign, and carry out checks on these appeals and give written responses to persons who sent requests within five days, but no later than the day preceding voting day, and for applications received on voting day or the day following voting day - immediately. If the facts contained in the appeals require additional verification, decisions on them are made no later than within ten days. If an appeal indicates a violation of the law by a candidate, electoral association, referendum initiative group, this candidate, electoral association, referendum initiative group or his (her) authorized representatives must be immediately notified of the received appeal and have the right to give explanations on the merits of the appeal.

4. Do observers sent to a precinct election commission have the right to be present when the protocol of this commission on the voting results is transferred to a higher election commission?

• Yes, with the permission of the chairman of the relevant higher election commission.
• Yes, you have the right.

The first copy of the protocol of the precinct commission on the voting results, after it has been signed by all present voting members of the precinct commission and its certified copies are issued to persons entitled to receive these copies, is immediately sent to a higher commission and cannot be returned to the precinct commission. The first copy of the protocol on the voting results shall include the special opinions of voting members of the precinct commission, as well as complaints (applications) received by the said commission on voting day and before the end of the counting of votes of voters and referendum participants regarding violations of the law on the basis of which elections are held, referendum, decisions of the precinct commission adopted on the specified complaints (applications), and acts and registers drawn up by the precinct commission. Certified copies of these documents and decisions of the precinct commission are attached to the second copy of the protocol on voting results. The first copy of the protocol on the voting results with the documents attached to it is delivered to the higher commission by the chairman or secretary of the precinct commission or another voting member of the precinct commission on behalf of the chairman of the precinct commission. During the said transfer of the protocol to the precinct commission, other members of the precinct commission, as well as observers sent to this precinct commission, have the right to be present.

5. Should the direction issued to the observer include his passport details?

• Yes, anyway.
• Yes, except for the case when a copy of a passport or a document replacing a citizen’s passport is attached to the referral.
• Yes, if required by the relevant election commission.
• Indicating the observer's passport details in the direction is not mandatory.

The powers of the observer must be certified in writing, issued by a registered candidate or his authorized representative, electoral association, public association, referendum initiative group, whose interests the observer represents. Directions are indicated last name, first name and patronymic observer, his residence address, number of the polling station, referendum site, name of the commission where the observer is sent, and also done record of no restrictions provided for in paragraph 4 of this article. Specifying any additional information about the observer, and in the case of sending an observer by a candidate, his authorized representative, the initiative group for holding a referendum and affixing a seal not required. The referral is valid upon presentation of a passport or a document replacing a citizen’s passport. Advance notice to send an observer is not required.

• Within five days.
• After completing the verification of the application.
• Immediately.

The commissions are obliged, within the limits of their competence, to consider appeals about violations of the law received by them during the election campaign, referendum campaign, carry out checks on these appeals and give written answers to the persons who sent the appeals within five days, but no later than the day preceding voting day, and for applications received on voting day or the day following voting day - immediately. If the facts contained in the appeals require additional verification, decisions on them are made no later than within ten days. If the appeal indicates a violation of the law by a candidate, electoral association, referendum initiative group, this candidate, electoral association, referendum initiative group or his (her) authorized representatives must be immediately notified of the received appeal and have the right to give explanations on the merits of the appeal

7. If the number of ballots of the established form found in a portable voting box is greater than the number of voter applications for the opportunity to vote outside the voting premises, containing a note on the number of ballots received:

• All ballots located in this portable box are recognized by the commission as invalid, and a report is drawn up about this.
• The ballots located in this portable box are taken into account when counting votes.
• All ballots located in this portable box are destroyed according to the act.
• The precinct election commission makes a decision on each such ballot.

First of all, the ballots that were in portable voting boxes are counted. Opening of portable voting boxes is preceded by checking the integrity of the seals on them. The counting is carried out in such a way that the secrecy of voting is not violated. The number of extracted ballots of the established form is announced and entered in line 8 of the protocol on voting results and its enlarged form. If the number of ballots of the established form found in a portable voting box is greater than the number of applications from voters, referendum participants containing a note on the number of ballots received, all ballots that were in this portable voting box are declared invalid by a decision of the precinct commission, and a report is drawn up to that effect. which is attached to the protocol on the voting results and which indicates the names and initials of the members of the precinct commission who ensured that voting took place outside the voting premises using this portable voting box. The number of ballots recognized as invalid in this case is announced, entered into the specified act and subsequently summed up with the number of invalid ballots identified during sorting of ballots. On the front side of each of these ballots, in the squares located to the right of the data of the candidates running, lists of candidates, in the squares relating to the positions “Yes” and “No” (“For” and “Against”), an entry is made about the reason for the recognition of the ballot invalid, which is confirmed by the signatures of two voting members of the precinct commission and certified by the seal of the precinct commission, and the ballots themselves during the direct counting of votes are packaged separately, sealed and are not taken into account during further counting.

8. What are the actions of the precinct election commission if an inaccuracy (misprint) is identified in the protocol on voting results after it has been signed and its first copy has been sent to a higher election commission?

• Changes are made to the second copy of the protocol on the voting results and the entry “Believe the corrected” is made.
• A new form of the protocol on the voting results is filled out and the “Repeated” mark is made on it.
• A meeting of the precinct election commission is held on the issue of introducing clarifications into the protocol on the voting results, after which a new protocol is drawn up, marked “Repeated”, the first copy of which is immediately sent

If, after signing the protocol on the voting results and (or) the summary table on the voting results and sending their first copies to the higher commission, the commission that sent the protocol and the summary table, or the higher commission during a preliminary check, identified an inaccuracy in them (a typo, a typo or an error in adding up these protocols of lower commissions), the commission that sent the protocol and the summary table has the right at its meeting to consider the issue of introducing clarifications in lines 1 - 11 (if the law provides for voting by absentee ballots, in lines 11a - 11e), 11g and 11z of the protocol and/or into a pivot table. The commission must inform its advisory members, observers and other persons who were present during the drawing up of the previously approved protocol, as well as representatives of the media, about the decision taken. In this case, the commission draws up a protocol and (or) a summary table of the voting results, on which the following mark is made: “Repeated” and (or) “Repeated”. The specified protocol and (or) summary table are immediately sent to a higher commission. Violation of the specified procedure for drawing up a repeated protocol and a repeated summary table is grounds for declaring this protocol invalid. If it is necessary to make clarifications in line 12 and subsequent lines of the protocol on voting results, a recount of votes is carried out in the manner established by paragraph 9 of this article

9. Does an observer have the right to address the chairman of the precinct election commission with a comment regarding the placement and equipment of voting booths?

• Yes, you have the right.
• No, you have no right.
• Yes, with the consent of the candidate who sent him, the electoral association.
• No, he can only address this comment to the secretary of the precinct election commission.

Observers have the right:

a) get acquainted with the lists of voters, referendum participants, the register of issuing absentee certificates, the absentee certificates held by the commission, the register of applications (appeals) for voting outside the voting premises;

b.1) observe the distribution of ballots to voters and referendum participants;

d) monitor the counting of the number of citizens included in the lists of voters, referendum participants, ballots issued to voters, referendum participants, canceled ballots; observe the counting of votes of voters, referendum participants at a polling station, referendum site at a distance and in conditions that ensure their visibility of the marks of voters, referendum participants contained in the ballots; get acquainted with any completed or blank ballot when counting votes of voters, referendum participants; oversee the commission’s drawing up of the protocol on voting results and other documents during the period specified in paragraph 3 of this article;

e) contact the chairman of the precinct commission, and in his absence, the person replacing him, with suggestions and comments on issues of organizing voting;

f) get acquainted with the protocols of the relevant commission, lower commissions on the voting results, the results of elections, referendums and the documents attached to them, receive certified copies of these protocols from the relevant commission;

g) wear a badge indicating his status and indicating his last name, first name and patronymic, as well as the last name, first name and patronymic of the registered candidate or the name of the electoral association, public association that sent the observer to the commission. The law may provide that the form of the badge is established by the commission organizing the elections, referendum;

h) appeal, in the manner established by Article 75 of this Federal Law, the actions (inaction) of the commission to a higher commission, the election commission of a constituent entity of the Russian Federation, the Central Election Commission of the Russian Federation or to the court;

I) be present during the recount of votes of voters and referendum participants in the relevant commissions.

11. After signing the protocol on the voting results, the observer has the right to demand from the precinct election commission:

• Provide him with the opportunity to make a copy of the specified protocol, as well as certify the copy made by the observer.
• Give him a certified copy of the protocol.
• Give him a second copy of the protocol.

On demand member of the precinct commission, observer, other persons specified in paragraph 3 of Article 30 of this Federal Law, precinct commission immediately after signing the protocol on voting results(including those compiled again) is obliged to issue specified persons a certified copy of the protocol on voting results. The district commission notes the fact of issuing a certified copy in the relevant register. The person who receives the certified copy signs in the specified register. Responsibility for the full compliance of the data contained in the copy of the protocol on voting results with the data contained in the protocol lies with the person who certified the specified copy of the protocol.

12. Is it permissible to number ballot papers used in elections?

• Yes, in the manner established by the commission organizing the elections.
• Yes, in accordance with the requirements of election legislation.
• No, it is not allowed.

Ballots are produced exclusively by order of the relevant commission. Numbering of ballots is not permitted. The number of ballots produced should not exceed by more than 1.5 percent the number of registered voters, referendum participants

13. Each page of the voter list is signed:

• A member of the precinct election commission who entered the summary data, indicating his last name and initials.
• The chairman and secretary of the precinct election commission and certified with a seal.
• The signature of an authorized person on each page of the voter list is not required.

After entering the data specified in paragraph 5 of this article every page of the voter list, referendum participants signed by the commission member who entered this data, who then sums them up, announces them and informs the chairman, deputy chairman or secretary of the precinct commission and the persons present during the counting of votes. The final data, defined as the sum of the data established in accordance with paragraph 5 of this article, is announced by the chairman, deputy chairman or secretary of the precinct commission, entered into the last page of the list of voters, referendum participants, confirmed with his signature and certified by the seal of the precinct commission. The announced data are entered into the corresponding lines of the protocol on voting results and its enlarged form, and in the case of using technical means of counting votes - only in the corresponding lines of the enlarged form of the protocol:

a) in line 1 - the number of voters, referendum participants included in the list of voters, referendum participants at the time of the end of voting;

b) in lines 3 and 4 - the number of ballots issued to voters, referendum participants who voted early;

c) in line 5 - the number of ballots issued to voters, referendum participants who voted in the voting premises on voting day;

d) in line 6 - the number of ballots issued to voters, referendum participants who voted outside the voting premises on voting day;

e) in line 11a - the number of absentee certificates received by the precinct commission;

f) in line 11b - the number of absentee certificates issued by the precinct commission to voters, referendum participants at the polling station, referendum site;

g) in line 11c - the number of voters, referendum participants who voted using absentee certificates at the polling station, referendum site;

h) in line 11d - the number of absentee ballots canceled at the polling station, referendum precinct;

i) in line 11d - the number of absentee certificates issued by the territorial commission (election commission of a municipality, district election commission) to voters, referendum participants.

After carrying out these actions, the following control ratio is checked: the number of absentee certificates received by the precinct commission must be equal to the sum of the number of absentee certificates issued by the precinct commission to voters, referendum participants at the polling station, referendum precinct before voting day, and the number of absentee certificates canceled on polling station, referendum site. If the specified control ratio is not met, the precinct commission decides to additionally count the data included in the list of voters, referendum participants, and canceled absentee ballots. If, as a result of an additional count, the specified control ratio is not met again, the precinct commission makes an appropriate decision, which is attached to the protocol on voting results, and enters data on the discrepancy in line 11e of the protocol on voting results and its enlarged form. If the specified control ratio is met, the number “0” is entered in line 11e.

Data is entered into lines 11a, 11b, 11c, 11d, 11e and 11e of the protocol on voting results and its enlarged form if the law provides for voting by absentee ballots.

After this, observers and other persons specified in paragraph 3 of Article 30 of this Federal Law have the right to familiarize themselves with the list of voters and referendum participants, and advisory voting members of the precinct commission have the right to verify the correctness of the count.

14. If, when signing the protocol on the voting results for one of the absent members of the precinct election commission (at his request), the signature was affixed by another member of the precinct election commission, then:

• This does not affect the legal validity of such a protocol.
• This does not affect the legal force of such a protocol if the corresponding request of the absent member of the precinct election commission was stated in writing and attached to the protocol.
• This is the basis for declaring this protocol invalid and conducting a recount of votes.

If, when filling out the protocol on voting results, some voting members of the precinct commission are absent, an entry about this is made in the protocol, indicating the reason for their absence. The protocol is valid if it is signed by a majority of the established number of voting members of the precinct commission. If, when signing the protocol on voting results, a signature is affixed for at least one voting member of a precinct commission by another member of the precinct commission or an outsider, this is grounds for declaring this protocol invalid and conducting a recount of votes.

15. When receiving a ballot paper at a polling station, as well as in the case of voting on several ballot papers simultaneously, the voter enters in the voter list:

• The series and number of your passport or a document replacing a citizen’s passport must be signed for each ballot.
• The series and number of your passport or a document replacing a citizen’s passport, address of residence, date of birth.
• Last name, first name, patronymic, residential address, date of birth.

Upon receipt of the ballot, the voter, referendum participant puts it in the list of voters, referendum participants series and number of your passport or document replacing a citizen’s passport. With the consent of a voter, referendum participant or at his request, the series and number of the passport or document replacing a citizen’s passport presented by him may be included in the list of voters, referendum participants by a member of the precinct commission with the right of casting vote. A voter or referendum participant checks the correctness of the entry made and signs in the appropriate column of the list of voters, referendum participants to receive the ballot. In case of voting using an absentee certificate, additional marks are made in the list of voters and referendum participants. If voting is carried out simultaneously on several ballots, the voter, referendum participant signs for each ballot. The member of the precinct commission who issued the ballot (ballots) to the voter, referendum participant, also signs in the corresponding column of the list of voters, referendum participants.

16. When certifying a copy of the protocol or other document of the election commission issued to an observer, the certifying person makes a note:

• "Corrected with the original"
• “Correct” or “Copy is correct.”
• "I assure"

• All ballots located in a portable voting box are considered invalid.
• During the counting of ballot papers contained in this portable box, ballot papers of an unspecified form are separated and are not taken into account during the direct counting of votes.
• All ballots located in a portable voting box are recognized as valid.

When sorting ballots, the precinct commission separates ballots of unspecified form. Ballots of unspecified form are not taken into account when counting votes.

18. What are the actions of the precinct election commission if the commission received a citizen’s application on the loss of an absentee certificate on voting day?

• Give the voter a ballot.
• Consider the issue at a meeting of the precinct election commission and invite the voter to obtain a duplicate of the absentee certificate from the relevant precinct election commission.
• Refuse to issue a ballot.

19. Which body has the right to cancel the decision of a lower-level election commission on the voting results after the voting results have been established and the election results have been determined by a higher-level election commission?

• The specified higher election commission.
• The said lower-level election commission.
• Only the court.

After establishing the voting results, determining the results of elections, a referendum by a higher commission, the decision of a lower commission on the voting results, election results can only be canceled by a court, or the court can make a decision to amend the commission protocol on voting results, election results and (or) pivot table. This commission informs the commission organizing the elections, referendum about the decision taken by the commission to go to court with an application to cancel the voting results, election results, to make changes to the commission protocol on voting results, election results and (or) the summary table. If the court makes a decision to make changes to the protocol of the commission on the voting results, on the election results and (or) the summary table, the commission that compiled these protocols and (or) the summary table draws up a new protocol on the voting results, on the election results with the note: “ Repeated" and (or) a new pivot table marked: "Repeated".

• Within 1 year from the date of official publication of election results.
• Within 3 years from the date of official publication of election results.
• Within 5 years from the date of official publication of election results.

After the official publication of the results of the elections, referendum, a complaint about violation of the electoral rights of citizens, the right of citizens to participate in a referendum, which took place during the election campaign, referendum campaign, can be filed in court within one year from the date of official publication of the results of the relevant elections, referendum.

21. What form should a voter’s request to the precinct election commission take to provide him with the opportunity to vote outside the polling station?

• Only a written application submitted in person.
• Oral communication only.
• A written statement or oral appeal (including those conveyed with the assistance of other persons).

22. Can a deputy of a representative body of a municipal entity be appointed as an observer?

• No, he can not.
• Yes, provided that he exercises the powers of a deputy on a non-permanent basis.
• Yes, provided that he goes on vacation for the duration of his duties as an observer.
• Yes, anyway.

23. Before the start of voting, the chairman of the precinct election commission informs those present at the polling station:

• The fact that the site is under video surveillance and everyone can see the video recording from web cameras.
• On the number of voters included in the voter list, the number of voters who were issued ballots for early voting, the number of ballots received, the use of special signs (stamps) for ballots, the presence of applications requesting voting outside the voting premises , on the decision of the head of the local administration on the formation of a polling station, its boundaries, on the decision of the territorial election commission on the formation of a precinct election commission, as well as on the fact that video surveillance is being carried out in the voting premises.
• On the decision of the head of the local administration on the formation of a polling station, its boundaries, on the decision of the territorial election commission on the formation of a precinct election commission, on which media representatives are present at the polling station.

24. How are ballot papers of the established form sorted separately for each candidate, list of candidates, for the positions “Yes” and “No” (“For” and “Against”) counted?

• Simultaneously, all members of the precinct commission of all bundles of ballots with the announcement of the final result of the count.
• By transferring the ballots one by one from one part of the stack to another so that persons present at the count can see the voter's mark on each ballot. In this case, simultaneous counting from different packs is not allowed.
• The chairman, deputy chairman and secretary of the precinct commission in any order with the announcement of the final result of the count.

25. When holding elections in a multi-member electoral district, which ballot is considered invalid?

• A ballot in which the number of marks placed is less than the number of seats being replaced.
• A ballot that does not contain any marks, or the number of marks placed on it is greater than the number of seats to be replaced in the district.
• A ballot that does not bear the signatures of two voting members of the precinct election commission and the seal of the commission.

26. What should the commission do with the second copy of the protocol of the precinct election commission?

• Leave it for safekeeping with the secretary of the precinct election commission.
• Provide a second copy of the protocol for review to observers and other persons specified in paragraph 3 of Article 30 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”, post its certified copy for public viewing, then together with other election documentation and with the seal of the precinct election commission, transfer the specified copy of the protocol to a higher commission for storage.
• Submit to the territorial election commission along with the first copy of the protocol.

27. Does the election legislation provide for the possibility of holding a closed meeting of the election commission during the establishment of voting results?

• Yes, if the commission is considering an issue affecting public morality.
• Yes, at the discretion of the commission in accordance with its regulations.
• No, it is not provided.

• No, he can not.
• Can and should be in accordance with the requirements of election legislation.
• May be subject to the decision of the commission.

29. How long are decisions taken on complaints received before voting day during the election campaign, referendum campaign:

• Decisions on complaints received before voting day during an election campaign, referendum campaign are made within three days, but no later than the day preceding voting day, and on voting day or the day following voting day - immediately.
• Decisions on complaints received before voting day during an election campaign or referendum campaign are made within five days, but no later than the day preceding voting day, and on voting day or the day following voting day - immediately.
• Decisions on complaints received before voting day during an election campaign or referendum campaign are made within ten days, but no later than the day preceding voting day, and on voting day or the day following voting day - immediately.

Commissions are obliged within the limits of their competence, consider appeals received during the election campaign, referendum campaign about violations of the law, carry out checks on these appeals and give written answers to the persons who sent the appeals within five days, but no later than the day preceding voting day, and on appeals received on voting day or the day following voting day - immediately. If the facts contained in the appeals require additional verification, decisions on them are made no later than within ten days. If an appeal indicates a violation of the law by a candidate, electoral association, referendum initiative group, this candidate, electoral association, referendum initiative group or his (her) authorized representatives must be immediately notified of the received appeal and have the right to give explanations on the merits of the appeal.

30. What actions do members of the precinct election commission perform first after the polling station closes at 20:00?

• Work is underway with voter lists.
• Members of the precinct election commission count and cancel unused ballots.
• Members of the precinct election commission open portable voting boxes and count the ballots contained in them.

31. Does an observer have the right to conduct election campaigning for the candidate who appointed him before entering the voting premises?

• Yes, anyway.
• Yes, provided that election campaigning is carried out at a distance of at least 50 meters from the entrance to the voting premises.
• Yes, but without distributing printed propaganda materials.
• No, you have no right.

32. Upon returning to the precinct commission premises, voting members of the precinct commission who conducted voting outside the voting premises shall enter the following information into the voter list:

• The series and number of the passport or document replacing the passport of the voter who voted outside the voting premises, a special note is made in the corresponding column(s) of the voter list: “Voted outside the voting premises”, and the signatures of the indicated members of the election commission are also affixed.
• In the corresponding column(s) of the voter list, a special note is made: “Voted outside the voting premises,” and the signatures of the indicated members of the election commission are also affixed.
• A voter who voted outside the voting premises is deleted from the voter list, and the data in the protocol on voting results is entered on the basis of an act drawn up by the voting members of the precinct commission who conducted the voting outside the voting premises.

33. Can a voting member of a precinct election commission be appointed as an observer?

• Yes, anyway.
• No, except when it is sent to another precinct election commission.
• No, except when the observer is sent to a higher commission.
• No, he can not.

34. Who can use writing materials when counting votes?

• Deputy Chairman of the Precinct Election Commission.
• Secretary of the precinct election commission.
• All members of the precinct election commission.
• Chairman or deputy chairman, secretary of the precinct election commission.

• Portable voting boxes.
• Technical means of counting votes (complexes for processing ballot papers, or complexes for electronic voting).
• Voting boxes made of corrugated cardboard.

• To all persons present in the voting premises.
• Voting members of the precinct election commission who issue ballot papers.
• The chairman and secretary of the precinct election commission.

37. Is it allowed to make any changes to the lists of voters, referendum participants after the end of voting and the start of counting votes of voters, referendum participants?

• Yes, at the request of the voter, referendum participant.
• Yes, if the corresponding decision is made by a higher commission.
• No, this is prohibited.

It is prohibited to make any changes to the lists of voters, referendum participants after the end of voting and the start of counting votes of voters, referendum participants.

38. Election campaigning cannot be carried out:

• Only on voting day.
• On voting day and the day preceding it.
• On voting day, the day preceding it and the next day.

39. An observer has the right to be present at a polling station:

• From the date of the first meeting of the precinct election commission in its authorized composition.
• From the day the voting premises began to be equipped.
• From the moment the precinct election commission begins its work on voting day.

40. At the request of a visually impaired voter, does an observer have the right to help him fill out a ballot?

• Yes, subject to notification to the precinct election commission.
• Yes, with the permission of the precinct election commission and on the basis of a document confirming the presence of disability.
• Yes, subject to drawing up the appropriate act.
• No, you have no right.

clause 10. Article 64.

• Any sign.
• "Cross" or "tick" signs.
• Only the cross sign.

42. Before opening a stationary voting box to remove the ballots contained in it, members of the precinct election commission must:

• Check that the seals on it are not damaged.
• Draw up a report on the opening of a stationary ballot box.
• Verbally notify each observer located in the room where the votes are being counted.

43. In how many copies is the protocol of the precinct election commission on the voting results drawn up?

• In duplicate.
• In three copies.
• According to the number of commission members with voting rights.

44. When sorting ballots removed from portable and stationary voting boxes by votes cast for each candidate (each list of candidates), by votes cast for the positions “Yes” and “No” (“For” and “Against”) voting members of the precinct election commission:

• The ballots are handed over to observers and other persons present to familiarize themselves with the marks contained in them.
• Does not have the right to disclose the marks contained therein or provide them for any control to those present.
• The marks contained in each ballot are read out and presented to all those present for visual inspection.

45. Does a non-voting member of an election commission have the right to sort ballot papers?

• Yes, it has.
• No, it doesn't.
• At the discretion of the chairman of the commission.

46. ​​What requirements does federal election legislation impose on the equipment of booths and other specially equipped places for secret voting?

• Equipped with a lighting system and supplied with appropriate writing materials, excluding pencils.
• Equipped with lighting system, fan.
• Equipped with a table and chair, lighting system.
• The election legislation does not establish such requirements.

47. What information must be indicated in a voter’s application (appeal) for the opportunity to vote outside the polling station.

• Last name, first name, patronymic of the voter, address of his place of residence, passport details, reason why he cannot arrive at the polling station.
• Last name, first name, patronymic of the voter and the reason why he cannot arrive at the voting premises.
• Last name, first name, patronymic of the voter and his passport details.
• Last name, first name, patronymic of the voter, address of his place of residence, reason why he cannot arrive at the voting premises.

48. When conducting a direct count of votes, the following is carried out first:

• Counting of ballots removed from the stationary ballot box(es).
• Counting ballots of unspecified form.
• Counting the ballots in each of the portable voting boxes.

49. Should the direction issued to the observer by the candidate (his authorized representative) be certified by a seal?

• Yes, anyway.
• Yes, if the candidate is nominated by an electoral association.
• Yes, the referral is certified by the seal of the relevant election commission.
• No, this is not required.

50. What are the actions of voting members of a precinct election commission who do not agree with the protocol of the precinct election commission on the voting results?

• These members of the precinct commission have the right to express a special opinion at a meeting of the precinct election commission, which must be attached to the minutes of the meeting.
• These members of the precinct commission have the right to express a dissenting opinion at a meeting of the precinct election commission, which is immediately formalized in writing and submitted to the territorial election commission.
• These members of the precinct commission have the right to express a special opinion at a meeting of the precinct election commission, which is reflected in the protocol of the precinct election commission and attached to it.

• One hour before the end of voting time.
• Before the start of voting and must be in the field of view of members of the precinct election commission, observers and at a distance necessary to perceive the information contained in it
• After the end of the voting time before the counting of votes begins.

52. Is the entity that sent an observer to the polling station obliged to notify the precinct election commission about this?

• Yes, anyway.
• Yes, except for appointing an observer for municipal elections.
• Yes, but only in elections of federal government bodies.
• No, I don't have to.

53. Who has the right to receive a certified copy of the protocol on voting results after it has been signed by the precinct commission?

• Only members of higher commissions and employees of their apparatus.
• Members of a precinct commission, observers, foreign (international) observers, members of higher commissions and employees of their apparatus, a registered candidate or his authorized representative, an authorized representative or authorized representative of an electoral association whose list of candidates is registered by the commission, or a candidate from the specified list, member or authorized representative of the referendum initiative group, representatives of the media.
• Members of a precinct commission, observers, foreign (international) observers, members of higher commissions and employees of their apparatus, a registered candidate or his authorized representative, an authorized representative or authorized representative of an electoral association whose list of candidates is registered by the commission, or a candidate from the specified list, member or authorized representative of the referendum initiative group, law enforcement officers.

54. The protocol of the precinct election commission on the voting results is considered valid if it is signed:

• Chairman, deputy chairman and secretary of the precinct election commission.
• Chairman of the precinct election commission.
• All members or a majority of the established number of voting members of the precinct election commission.

55. In what cases does a precinct election commission that used a technical means of counting votes have the right to decide to conduct a manual vote count?

• At the request of members of the precinct election commission.
• At the request of persons present during the counting of votes.
• In case of receipt of justified complaints (statements) from persons present during the direct counting of votes. After completing work with the voter list, the precinct commission checks the control ratios of the data included in the protocol on the voting results. And if the specified control ratios are not met, the precinct commission makes a decision on additional counting for all or individual lines of the protocol on voting results, including additional manual counting of ballots.
• By decision of a higher commission.

• Counted and canceled by cutting off the upper left corner (unless the law provides for a repeat vote).
• They are counted and canceled by affixing the seal of the precinct election commission and the signatures of two voting members of the precinct election commission.
• Counted and canceled by cutting off the lower left corner and crossing out the absentee ballot number.

57. Should the member of the precinct commission who issued the ballot(s) to the voter sign in the corresponding column of the voter list?

• The voter list does not provide a space for the signature of the member of the precinct commission that issued the ballot(s) to the voter.

58. On the basis of what document do precinct election commissions use technical means of counting votes when conducting voting?

• Based on a decision of the Central Election Commission of the Russian Federation, or on its instructions based on a decision of the corresponding election commission of a constituent entity of the Russian Federation (depending on the level of elections).
• Based on the decision of the territorial election commission.
• Based on the decision of the municipal election commission.
• Based on the decision of the precinct election commission.

59. What are the actions of a member of a precinct election commission if the ballot processing complex does not accept a completed ballot?

• A member of the precinct election commission must invite the voter to re-enter the completed ballot into the receiving device of the ballot processing complex.
• A member of the precinct election commission must take the completed ballot from the voter and enter it into the receiving device of the ballot processing complex.
• A member of the precinct election commission must invite the voter to use the help of another person (another voter, observer, etc.).

60. In what order does the precinct election commission count votes in the event of combining elections at different levels?

• First of all, votes are counted for elections to federal government bodies, then to government bodies of a constituent entity of the Russian Federation, then to local government bodies.
• First of all, votes are counted for the main elections, then for additional elections, then for repeat elections.
• The order of drawing up protocols on voting results is determined by the precinct commission independently.

61. If a voter is issued a new ballot paper to replace a damaged one:

• A spoiled ballot is destroyed according to an act by a member of the precinct election commission.
• A spoiled ballot, on which a voting member of the precinct election commission makes an appropriate entry and certifies it with his signature, is also certified by the signature of the secretary of the precinct election commission, after which it is immediately canceled.
• The spoiled ballot is placed by the voter in the ballot box.
• The spoiled ballot is crossed out by a member of the precinct election commission, certified by the signature of the chairman of the precinct commission and canceled.

62. What should be in the field of view of video surveillance equipment at a polling station on voting day?

• The entrance to the voting room, the tables at which members of the precinct election commission issue ballots to voters.
• Tables at which commission members conduct the vote counting procedure.
• Stationary voting boxes.
• The entrance to the voting room, tables at which members of the precinct election commission issue ballots to voters, cancel unused ballots and carry out the procedure for counting votes after voting, ballot boxes.

63. Federal election legislation determines the list of documents that replace the passport of a citizen of the Russian Federation. Do such documents include a student card issued by an educational institution of higher professional education?

• Yes, provided it is properly renewed.
• Yes, provided that it is issued by a state (state accredited) educational institution.
• No, it doesn't apply.

64. Does an observer have the right to present a military ID card to the precinct election commission instead of a passport of a citizen of the Russian Federation?

• Yes, if the observer is serving in the military.
• Yes, provided that the passport of a citizen of the Russian Federation is being processed.
• Yes, provided that a certified copy of the passport of a citizen of the Russian Federation is simultaneously presented.
• No, you have no right.

65. At what time can a voter’s application (oral appeal) be submitted to the precinct election commission for the opportunity to vote outside the polling station?

• At any time after the formation of the precinct commission, but no later than six hours before the end of voting time.
• Only on voting day before the end of voting time.
• At any time after the formation of the precinct commission, but no later than four hours before the end of voting time.
• This issue is not regulated by election legislation.

66. What actions does the precinct commission take in the event of a registered candidate, whose last name, first name and patronymic are indicated on the ballot, leaving the list of candidates, cancellation or annulment of the registration of the candidate, the list of candidates after the ballots are produced and transferred to the precinct commissions?

• Ballots containing information about the indicated candidates or lists of candidates are returned to the higher commission in full, with the obligatory drawing up of a commission act.
• At the direction of the commission that registered the specified candidate or list of candidates, members of the precinct commission cross out information about such candidates and the electoral associations that registered such lists of candidates from the ballots.
• Ballots containing information about specified candidates or lists of candidates are destroyed by the precinct commission according to the act.

67. What requirements do the election legislation impose on samples of completed ballot papers that are posted on the information board of the precinct election commission?

• Samples of completed ballot papers must indicate the marks or signs that the voter must put on the ballot paper when voting.
• Samples of completed ballot papers must be larger in format than the ballot papers produced for voting.
• Samples of completed ballot papers should not contain the names of candidates registered in a given electoral district or the names of electoral associations participating in these elections.
• The election legislation does not contain any requirements for samples of completed ballot papers.

68. If early voting is held at a polling station for certain groups of voters, the chairman of the precinct election commission, before the start of voting on voting day:

• Presents acts on early voting.
• Reports the total number of voters who voted early, including in the premises of the territorial election commission, municipal election commission, presents sealed envelopes with ballots and a list of voters who voted early for visual inspection.
• He opens the envelope with the ballots of voters who voted early, puts the seal of the precinct election commission on the back of the ballot, and places the ballots in a stationary voting box.
• Reports the total number of voters who voted early, including in the premises of the territorial election commission, municipal election commission, presents sealed envelopes with ballots and a list of voters who voted early for visual inspection, opens each envelope one by one, and places the ballots in a stationary ballot box.

• Members of the precinct election commission with the right of decisive and advisory vote.
• Only members of the precinct election commission with voting rights.
• Only by the chairman of the precinct election commission.

• Only to the secretary of the precinct election commission.
• Members of the precinct election commission with the right of decisive and advisory vote.
• Voting members of the precinct election commission who will issue ballot papers.
• Law enforcement officer.

71. When conducting a direct count of votes at a precinct election commission, observers must be provided with:

• Access to ballot papers used to count votes.
• A complete overview of the actions of the commission members.
• Access to telephone and fax communications.

72. The first copy of the protocol of the precinct election commission on the voting results is sent to:

• To the higher election commission.
• To the local administration of the relevant municipality.
• Candidates and electoral associations participating in the elections.
• In the editorial office of the media for publication.

73. Does an observer have the right to examine the ballot before it is placed in the ballot box by the voter?

• Yes, if there are doubts about the secrecy of voting.
• Yes, with the permission of the precinct election commission.
• Yes, subject to non-disclosure of the voter's will.
• No, you have no right.

74. If an observer interferes with the work of a precinct election commission or by his actions violates the secrecy of the will of voters, can he be removed from the voting premises?

• Yes, on the basis of a reasoned decision of the precinct commission or a higher commission, set out in writing.
• Yes, on the basis of a reasoned decision of the chairman of the precinct commission, set out in writing.
• Yes, on the basis of a resolution of an official of the internal affairs body, agreed upon with the chairman of the precinct commission.
• No, he can not.

• Apologize for the mistake and make changes according to the voter.
• Fix it within 24 hours.
• Within two hours from the moment of application, but no later than the end of voting, check the application and either eliminate the error or give a written response indicating the reasons for rejecting the application.

A citizen of the Russian Federation who has active voting rights, the right to participate in a referendum, has the right to apply to the precinct commission with an application for inclusion in the list of voters, referendum participants, about any error or inaccuracy in the information about him included in the list of voters, referendum participants. Within 24 hours, and on voting day within two hours from the moment of application, but no later than the end of voting, the precinct commission is obliged to check the information and documents submitted by the applicant and either eliminate the error or inaccuracy, or make a decision to reject the application, indicating the reasons for this rejection by delivering a certified copy of this decision to the applicant. The decision of the precinct commission to reject an application for inclusion of a citizen of the Russian Federation in the list of voters, referendum participants can be appealed to a higher commission or to the court (at the location of the precinct commission), which are obliged to consider the complaint (application) within three days, and in three or less days before voting day and on voting day - immediately. If a decision is made to satisfy the complaint (application), corrections in the list of voters and referendum participants are made immediately by the precinct commission. The exclusion of a citizen of the Russian Federation from the list of voters, referendum participants after it has been signed by the chairmen and secretaries of the relevant commissions and certified by the seals of these commissions in the manner prescribed by paragraph 12 of this article, is carried out only on the basis of official documents, including a message from a higher commission about the inclusion of the voter, referendum participant to the list of voters, referendum participants at another polling station, referendum site, as well as in the case of issuing an absentee certificate to a voter, referendum participant. Moreover, in the list of voters, referendum participants, as well as in the database GAS State automated system“Elections” indicates the date of exclusion of a citizen of the Russian Federation from the list, as well as the reason for such exclusion. An entry in the list of voters and referendum participants is certified by the signature of the chairman of the precinct commission, and when issuing an absentee certificate, by the signature of the member of the commission who issued the absentee certificate, indicating the date of this signature. Every citizen of the Russian Federation has the right to inform the precinct commission about changes in the information specified in paragraph 5 of Article 16 of this Federal Law about voters, referendum participants included in the list of voters, referendum participants at the corresponding precinct.

76. The chairman of the precinct election commission is obliged to announce that the members of this commission will conduct voting outside the voting premises no later than:

• One hour before the upcoming departure (departure) of the commission members.
• 45 minutes before the upcoming departure (departure) of the commission members.
• 30 minutes before the upcoming departure (departure) of the commission members.
• This issue is not regulated in federal legislation.

77. If the ballot processing complex does not accept a ballot filled out by a voter because he “chewed” it, crumpled it, etc. and the voter refused to vote

• The ballot is declared invalid.
• After establishing the voting results using a complex for processing ballot papers, the precinct election commission makes a decision and draws up a regular protocol, adding this voter’s vote.
• The ballot is considered spoiled and canceled.

78. Who determines the list of polling stations where technical means of counting votes are used?

• The Central Election Commission of the Russian Federation or on behalf of the Central Election Commission of the Russian Federation by the corresponding election commission of the constituent entity of the Russian Federation (depending on the level of elections).
• Territorial Election Commission.
• Election Commission of the municipality.

79. Who has the right to decide on opening the sealed bags (boxes) in which the sorted ballots are packed after they have been counted?

• Precinct election commission.
• Only the higher election commission.
• Higher election commission or court.

80. Does a member of a precinct election commission have the right to provide assistance in filling out a ballot to a voter who is unable to do this on his own and asks for such assistance?

• Yes, subject to drawing up an act.
• Yes, with the permission of the chairman of the precinct election commission.
• Yes, with notification of members of the precinct election commission and observers present.
• No, not right.

81. Does federal legislation allow for the postponement of the start time of voting at individual polling stations, in the presence of appropriate circumstances, to an earlier time (than for the entire territory of the electoral district)?

• No, it doesn't allow it.
• This issue is not regulated by federal legislation.
• Yes, but for no more than 2 hours, if this is provided for by the law on the basis of which elections to government bodies are held.
• Yes, but for no more than 3 hours, if this is provided for by the law on the basis of which elections to government bodies are held.

82. Which ballots are considered invalid when voting in a single-mandate electoral district?

• Ballots in which marks are placed in more than one square, or are not placed in any.
• Ballots on which the signatures of two members of the precinct election commission are not certified by the seal of the commission.
• Ballots that do not bear the signatures of two voting members of the precinct election commission and the seal of the commission.

83. What are the actions of the precinct election commission in the absence of one of the members of the commission with the right to a decisive vote when signing the protocol?

• The chairman of the precinct election commission signs for the absent member of the precinct election commission.
• The protocol indicates the reason for his absence.
• The secretary of the precinct election commission signs for the absent member of the precinct election commission.

84. Where should an information stand be equipped on which the precinct election commission posts information about candidates, lists of candidates, electoral associations included on the ballot?

• Only in the voting room.
• At the polling station or immediately in front of the polling station.
• On the street at the entrance to the building where the voting room is located.
• The appropriate place is determined by the decision of the precinct election commission.

85. When issuing a certified copy of the protocol to persons entitled to receive it, the person certifying the copy must:

• Conduct a reconciliation with the first copy of the protocol, note the fact of issuing a certified copy in the appropriate register, sign, indicate your last name and initials, the date and time of certification of the copy and affix the commission’s seal.
• Sign and indicate your passport details, as well as the address of the election commission.
• Stamp “certified” and sign.

86. The chairman (deputy chairman, secretary) of the precinct election commission transmits information about the opening of the voting premises:

• To the municipal administration.
• To the media.
• To law enforcement agencies.
• To the higher election commission.

87. Where applications and complaints from citizens about violations of election legislation received by the commission on voting day and considered before establishing the voting results are sent:

• The chairman of the election commission brings to the attention of voters present during the counting of votes information about complaints (applications) received by the precinct election commission, which, together with the register of complaints (applications), are sent for accounting and control to a higher election commission.
• Complaints (applications) are sent to the prosecutor's office in the order of supervision.
• Complaints (statements) are attached to the protocol on voting results.

88. What are the actions of members of the precinct commission if a voter from whom an application (oral request) was received for the opportunity to vote outside the voting premises arrived at the voting premises after members of the precinct commission were sent to him to conduct voting outside the voting premises?

Simultaneously with the transfer of the first copies of voter lists to precinct commissions.

No later than one day before voting day (including early voting).

90. Is it possible for several observers representing the interests of one registered candidate to simultaneously exercise their powers in the voting premises?

• Yes, provided there are no more than two observers.
• Yes, provided there are no more than three observers.
• No, this is prohibited.
• No corresponding restrictions are established by law.

91. The reception by members of the territorial election commission of the protocols of the precinct election commission on the voting results, the summation of the data from these protocols and the drawing up by the territorial election commission of a protocol on the voting results in the corresponding territory must be carried out:

• In a closed room where only members of the territorial election commission are allowed access, including those with advisory voting rights.
• In one room in the presence of observers and other persons entitled to be present in the premises of the territorial election commission in accordance with the election legislation.
• In conditions of strict confidentiality and in the absence of persons other than members of the territorial election commission.

92. Can pencils be used to supply booths or other specially equipped places for secret voting with writing materials?

• Yes, anyway.
• Yes, if the precinct election commission does not have other writing materials at its disposal, about which a report is drawn up.
• No, they can't.

93. Certification of copies of protocols and other documents of the election commission issued to an observer is carried out:

• The chairman, deputy chairman or secretary of the election commission.
• Only by the chairman of the election commission.
• Any member of the election commission authorized by the decision of the commission with the right to casting vote.

94. When members of a precinct election commission check the control ratios of the data included in the protocol on voting results:

• During the entry of relevant data into the protocol on voting results.
• Immediately after entering the relevant data into the protocol on voting results.
• After the counting of votes is completed and the members of the precinct election commission are familiarized with the right of advisory voting and observers with the sorted ballots. consider appeals about violations of the law received by them during the election campaign, referendum campaign, carry out checks on these appeals and give written answers to the persons who sent the appeals within five days, but no later than the day preceding voting day, and based on requests received on voting day or on the day following voting day, - immediately. If the facts contained in the appeals require additional verification, decisions on them are made no later than within ten days. If an appeal indicates a violation of the law by a candidate, electoral association, referendum initiative group, this candidate, electoral association, referendum initiative group or his (her) authorized representatives must be immediately notified of the received appeal and have the right to give explanations on the merits of the appeal.
  • A portable voting box, the required number of ballots of the established form, received applications from voters for the opportunity to vote outside the voting premises, as well as the necessary writing materials (except for pencils) for the voter to fill out a ballot.
  • A portable voting box pre-sealed (sealed) at the precinct commission, the required number of ballots of the established form, a register or a certified extract from it containing the necessary data about the voter and the application received (oral appeal) for the opportunity to vote outside the voting premises, received in writing applications from voters for the opportunity to vote outside the polling station, as well as the necessary writing materials (with the exception of pencils) for the voter to fill out a ballot.
  • A portable voting box, the required number of ballots of the established form, a register or a certified extract from it containing the necessary data about the voter and the received application (oral appeal) for the opportunity to vote outside the voting premises.
  • This issue is not regulated by election legislation.

  97. The direction issued to the observer is valid upon presentation:

  • Only passports of citizens of the Russian Federation.
  • Passport or document replacing the passport of a citizen of the Russian Federation.
  • Any document containing a photograph, surname and initials of the observer.
  • Presentation of documents other than the referral is not required.

  98. Who is responsible for ensuring that the data contained in the copy of the protocol on voting results fully corresponds to the data contained in the protocol signed in the prescribed manner by members of the precinct election commission?

  • Chairman of the precinct election commission.
  • The person who certified the specified copy of the protocol.
  • Chairman, deputy chairman and secretary of the precinct election commission.

  99. How is an empty stationary ballot box sealed on election day before voting begins?

  • In the manner established by the decision of the precinct election commission.
  • Stamped by the precinct election commission no later than 10 minutes before the start of voting time.
  • The seal of the precinct election commission after its presentation by the chairman of this election commission to the members of the commission, present voters and other persons specified in paragraph 3 of Article 30 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation.”
  • The stationary ballot box is not sealed.

  100. If the voter did not put the ballot in the ballot box and took it out of the voting room, is this ballot lost and should it be taken into account in line 11g of the protocol on voting results?

  • Yes, such a ballot is lost and is taken into account in line 11g.
  • No, such a ballot is not lost and is not taken into account in line 11g.

  101. On how many sheets is the protocol of the precinct election commission drawn up?

  • There are no restrictions, provided that each sheet must be numbered, signed by all present voting members of the precinct election commission and certified with the seal of the precinct election commission.
  • The protocol of the precinct election commission on the voting results must be drawn up on one sheet. In exceptional cases, the protocol may be drawn up on more than one sheet, and each sheet must be numbered, signed by all present voting members of the precinct election commission and certified with the seal of the precinct election commission.
  • The protocol of the precinct election commission on the voting results must be drawn up on one sheet of paper, which is signed by all present voting members of the precinct election commission and certified by the seal of the precinct election commission.

Although I maintain that it does not matter what you do in these “elections”, because these are NOT elections, and they will not be recognized anyway,

but I am outraged by the ignorance (or cunning) of some people who deny the usefulness of almost ballots (an ethically good position, although not flawless) and call for voting for one of Putin’s four puppets (an immoral position).

Therefore, a small educational program:

"Boris Vishnevsky
Deputy of the Legislative Assembly of St. Petersburg (Yabloko faction)

Spoiled ballots are a sure way to the second round

Alexander Minkin is a wonderful journalist. I read almost everything he writes with great pleasure. But in his latest blog on the Echo website, he confused himself and confused his readers.

“There is only one way to cast a vote - to vote for one candidate. For anyone, but only one. Only as a result of such behavior can it happen that none of the five will receive more than half the votes in the first round,” writes Minkin, criticizing the opposition’s proposal to cross out all the “squares,” thereby making the ballot invalid. They say that the law, which “politicians have never read,” is such that spoiled ballots do not in any way affect Vladimir Putin’s results and do not in any way prevent him from winning in the first round.

Dear Alexander! As you know, I am not only a journalist (a columnist for Novaya Gazeta), but also a politician. Once upon a time, you and I ran together for the State Duma from Yabloko. And now I am a deputy of the Legislative Assembly of St. Petersburg. At the same time, I tend to carefully read the laws, especially those related to elections. In addition, I am a mathematician by training. And the combination of these two circumstances clearly leads me to the conclusion that you are completely wrong. Moreover: it is precisely the law to which you refer that proves you are wrong!
I'll explain.
During elections, stationary (which are located at polling stations) and portable ballot boxes (which are carried from home to home) are used. At the end of voting, they are opened and ballots are found inside. The sum of all the ballots found in these boxes gives us the number of voters who took part in the voting.
Let's denote this number by the letter A.

The ballots found in the ballot box are divided into two groups: valid, in which it is clear that the voter voted for one of the candidates, and invalid, in which this is not clear.
In invalid ballots there are no marks in the boxes next to the names of the candidates at all, or there are more than one of them. The exact wording is clause 16 of Art. 73 of the Law “On the Elections of the President of the Russian Federation”: ballot papers are considered invalid if they do not contain marks in the squares located to the right of the information about registered candidates, or in which the sign(s) are (are) placed in more than one square.

We denote the number of valid ballots as A1.
We denote the number of invalid ones as A2.
The sum of valid and invalid ballots A1 + A2 gives, as is easy to see, the number A mentioned above - the total number of voters who took part in the vote (that is, not only who received the ballot, but also put it in the ballot box).

The percentage of votes cast for each candidate is in accordance with clause 3 of Art. 76 of the Law “On Elections of the President of the Russian Federation” is defined as the number of votes cast for a candidate divided by the number of voters who took part in the vote.

Let's assume that there are five candidates (as in our case). K1, K2, K3, K4 and K5 votes were cast for them, respectively.
Since only valid ballots are taken into account when determining the number of votes cast, if we add up all these numbers K1+K2+K3+K4+K5, we should get the number A1, that is, the number of valid ballots. But at the same time, the percentages of votes cast for candidates are determined as fractions in which the numerator is the number of votes cast for them, and the denominator is the TOTAL number of voters who took part in the vote (A), and not the number of valid ballots (A1).

P1 = K1/A
P2 = K2/A
P3 = K3/A
P4 = K4/A
P5 = K5/A

What follows from this? Here's the thing: Each invalid ballot counted in number A INCREASES the DENOMINATOR of each of those fractions while maintaining the numerator. That is, it reduces all these fractions. Reduces the percentage of votes cast for each candidate. Including the percentage of votes cast for Putin. And as soon as this percentage is less than 50% - in accordance with paragraph 1 of Art. 77 of the Law “On Elections of the President of the Russian Federation”, it will be necessary to hold a second round. Because no one will be elected president in the first round (for this you need to get more than 50% of the votes).

The conclusion is simple. Not going to the polls is really useless (you have no influence on anything). Taking the ballot with you is also useless for the same reasons. But every spoiled ballot brings us closer to the second round of elections, just like every ballot where the voter’s vote is not cast for Putin. He really prevents Putin from winning in the first round. And this should be understood by everyone who is thinking about how to behave in elections.

Gives a verdict on the preference of a particular candidate (party) by the voter who voted. The newsletter is not propaganda material.

Types and uses of ballot papers[ | ]

A ballot is a means for a voter to express his choice (preference) regarding a particular candidate/party in an election. One voter is assigned one ballot, but not always only one vote (for example, if in elections to a government body several mandates are distributed in one electoral district, the voter can put from one mark in the squares to the number equal to the number of distributed mandates in the district).

A ballot can be of several types: paper and electronic. An electronic ballot, according to, for example, Russian legislation, is “a ballot prepared by software and hardware in electronic form, used in conducting electronic voting.” Electronic voting is “voting without using a paper ballot, using a set of automation tools from the State Automated System “Elections”. GAS automation systems, in turn, are a complex for electronic voting, “intended for conducting electronic voting, automated counting of votes of voters, referendum participants, establishing voting results and drawing up a protocol of the precinct commission on the voting results.” At the same time, it is not clearly specified what is meant by the software and hardware used to produce the electronic newsletter.

German ballot paper for the 1938 elections.

Newsletter design[ | ]

"Butterfly ballot", USA, 2000

Counts [ by whom?] that the design of a ballot can influence the outcome of an election if the column with one answer or candidate is different from the rest. The most striking example is the ballot paper for the elections in Germany in 1938, where the “for” column was many times larger than the “against” column.

Poor ballot design can result in people voting for a candidate other than their desired one. This happened in the 2000 US presidential election. The so-called butterfly ballot problem in Palm Beach County has become widely known. Its essence was as follows. The photo shows that Gore's name is located second from the left and the arrow points to the third hole for voting for him. While Buconnen's name is located in the column on the right and the arrow points to the second hole. Democrats argued that many of Gore's supporters in Palm Beach County had mixed up the holes and punched a second hole instead of a third, which explained Buconnen's unexpectedly high vote total.

The order of placing candidates on the sheet[ | ]

The placement of items on the ballot affects a person's likelihood of being selected (for example, a candidate placed in the first position may receive a few extra percentage points of the vote). To prevent this effect, try to use a random arrangement. It has been shown that when alphabetical sorting is used, especially in regional elections with many unknown candidates, candidates higher in the list have a better chance.

Status (removal) of the ballot in Russia[ | ]

On the Russian Central Election Commission website, in the background information, there is an answer to the question of a voter’s right to remove a ballot from the polling station. It says:

Responsibility for the voter to remove the ballot paper received for voting from the premises of the precinct election commission on voting day not provided federal legislation. Thus, the specified action is not an offense, in contrast to the theft of ballot papers, which can be considered an attempted crime under Art. 141 of the Criminal Code of the Russian Federation (obstruction of the exercise of electoral rights or the work of election commissions).

Meanwhile, the Criminal Code of the Russian Federation contains Art. 325, which provides for criminal liability for theft, destruction, damage or concealment of official documents committed out of selfish or other personal interest. When asked whether the removal of a ballot by a voter falls under the elements of the indicated crime, can't answer unambiguously without considering a specific situation, for example, clarifying the concepts of “official document”, “personal interest.

In order to prevent further violations using the issued ballot, the following can be suggested. If the commission has recorded an attempt by a voter to remove a ballot, then the members of the commission should explain the purpose of the ballot and offer voter to vote. Other actions commission to suppress the removal of ballots may be classified as illegal.

The Election Commission of the Moscow Region indicated that the fact that the voter received a ballot, but subsequently this ballot, among others, was not found in a stationary/portable voting box (that is, this means that, as a rule, the voter took it out of the polling station ) and the quantitative difference between the issued and found ballots is provable and does not constitute a violation of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” (see photo).

At the same time, members of the precinct commission and observers, as a rule, try to stop attempts to remove the ballot from the polling station; they often do not let the voter leave the polling station until he places the ballot in the ballot box. Citizens who have legal knowledge on this topic are often released by PEC members and observers with a ballot, however, there are also frequent cases when PEC members literally force, and do not suggest, as the Russian Central Election Commission recommends, the voter to place the ballot in the ballot box.

In the 2018 presidential elections in Russia, voters took with them (more precisely, they received them, but did not put them in boxes) 50,584 ballots. However, the information in the protocols about stolen ballots is very often unreliable. Some citizens at various election campaigns at the federal level conducted an experiment: they took a ballot from the polling station, and after posting the voting results in the State Automated System “Elections”, they checked whether there was a difference between the number of ballots issued to voters and the number of ballots found in ballot boxes; the coincidence of these indicators in the presence of a ballot paper clearly demonstrated that the protocol did not reflect the real voting results at the polling station. It is also worth mentioning the common misconception that stolen ballots should be clearly reflected in the “Lost Ballots” column of the protocol, but this indicator reflects exclusively those ballots that were lost by the precinct commission before the ballots were issued to voters.

Invalid ballot[ | ]

Invalid ballot (not to be confused with spoiled newsletter).

According to paragraph 16 of Article 73 of the Law on Elections of the President of Russia

… Ballots that do not contain marks in the squares located to the right of information about registered candidates, from the position “For” or “Against” (in the case provided for in paragraph 5.1 of Article 67 of this Federal Law), or in which the sign(s) are (are) considered invalid are considered invalid. marked(s) in more than one square. …

According to paragraph 3 of Art. 76 of the Law on Elections of the President of Russia

… A registered candidate who received more than half of the votes of voters who took part in the voting is considered elected. The number of voters who took part in the voting is determined by the number of ballot papers of the established form found in the ballot boxes …

It is necessary to distinguish between the concepts of “Ballott of unspecified form” and “Invalid ballot”.

A ballot in the prescribed form can be either valid or invalid.

Types of invalid ballots (not to be confused with spoiled ones)[ | ]

Types of invalid ballots include:

Interesting Facts[ | ]

see also [ | ]

Notes [ | ]

1. Federal Law of June 12, 2002 N 67-FZ “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” (as amended). Art. 2 (undefined) .
2. Meduza. The Central Election Commission showed what the ballot for the presidential election will look like. Someone stands out a little on it.

a ballot paper from which it is impossible to determine the will of the voter. If doubt arises when recognizing a ballot as invalid, the precinct election commission resolves the issue by voting, and the reasons for its invalidity are indicated on the back of the ballot. This entry is confirmed by the signatures of at least three members of the commission and certified by the seal of the commission. The number of invalid ballots is entered in lines 11 and 13 of the protocol on voting results and in its enlarged form. If more ballots of the established form are found in a portable box than the number of voter applications containing a mark on the number of ballots received, all ballots in this portable voting box are declared invalid by the decision of the precinct election commission. A separate act on this is drawn up, which is attached to the protocol on the voting results and which indicates the names and initials of the members of the election commission who ensured that voting took place outside the voting premises using this voting box. The number of ballots recognized as invalid in this case is entered in line 12 of the protocol on voting results and in its enlarged form. On invalid ballots, see: clauses 14, 16, 20 of Art. 56 of the Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation.”

See also:

Active suffrage is the right of a citizen to elect his representatives to government bodies and local self-government.

The concept of the electoral system. Types of electoral systems. The term "suffrage" is used in two senses.

This principle means that voting rights (or at least active suffrage) are recognized for all adult and mentally healthy citizens.

Suffrage in the United States is based on the traditional principles of universality and equality by secret ballot, which are universal.

In principle, democratic suffrage allows for the introduction of certain qualifications, i.e. special conditions...

However, the term “suffrage” is used not only to designate one of the constitutional and legal institutions...

When talking about suffrage, we usually distinguish between two aspects: objective suffrage and subjective suffrage.

For the elections of the President of the Russian Federation, the Constitution of the Russian Federation defines the basic principles: universal, equal and direct suffrage by secret ballot.

Objective suffrage is a system of legal norms regulating social relations...

The implementation and protection of citizens' electoral rights, preparation and conduct of elections are carried out by election commissions.

This includes, first of all, active suffrage, or the right to vote, which is sometimes also called general suffrage.

The principles of subjective suffrage are regulated by the Constitution in the chapter on political rights, section. II "On Fundamental Rights and Guarantees".

The fundamental principles of electoral law and process are universal direct and equal suffrage by secret ballot.

The 19th Amendment granted voting rights to women. Women's suffrage was limited in the United States for a very long time.

The curial system violates not only the principle of equal suffrage, but also the general equality of citizens.

Independent India's suffrage has been significantly democratized by the electoral laws compared to colonial times.

Elections are regulated by the norms of constitutional (state) law that make up the electoral law.

In the PRC, suffrage is universal. The Constitution states: "All citizens of the People's Republic of China who have reached the age of 18...

Such archaic suffrage led to significant inequality even between those categories of citizens to whom this right was generally granted.

§ 4. Suffrage and the electoral system of modern Russia. Elections are a way of forming the most important bodies of state power of the Russian Federation as...

Latest additions:

One of the conflicting issues associated with summing up voting results at a general meeting of shareholders is the recognition of voting ballots as invalid. Addressing this problem, I would like to give answers to several of the most pressing questions.

What are the legal consequences of invalidating a ballot?

Who can establish the grounds for declaring a voting ballot invalid: only by law or additionally by internal local acts of the company?

What are the consequences of not having a shareholder’s signature on the ballot?

Vice of the will, not the form of the document

The shareholder law specifies the following grounds for declaring a voting ballot invalid: “When voting using ballot papers, votes are counted on those issues for which voters are left with only one of the possible voting options. Ballot papers filled out in violation of the above requirement are considered invalid, and votes on the issues contained therein are not counted.”(v. 61).

The state executive body for the securities market is vested by law with the right to establish additional requirements for the procedure for convening, preparing and holding a general meeting of shareholders (clause 2 of article 47 of the Federal Law “On JSC”). Resolution of the Federal Commission for the Securities Market of the Russian Federation dated May 31, 2002 No. 17/ps “On approval of the regulations on additional requirements for the procedure for preparing, convening and holding a general meeting of shareholders” provided for the following additional grounds for declaring a voting ballot invalid (hereinafter referred to as Regulation No. 17/ps).

“4.16. If, during the counting of votes, two or more completed ballots of one person are found, in which different voting options are left for the same issue on the agenda of the general meeting, then in terms of voting on such an issue, all of these ballots are declared invalid.

4.17. If in the voting ballot... on the issue of electing members of the audit commission, members of the counting commission, members of the collegial executive body of the company, the option of voting “for” is left for a larger number of candidates than the number of persons who should be elected to the relevant body of the company, the ballot in part voting on such an issue shall be declared invalid.”

The grounds for declaring a voting ballot invalid, named in the regulations, are related to the fact that the will of a meeting participant cannot be determined from the text of the ballot(s) or the participant expressed his will more times than he had the right to.

A voter on one issue presented several different voting options. If, during the counting of votes, two or more completed ballots of one person are found, in which different voting options are left for the same issue on the agenda of the general meeting, then in terms of voting on such an issue, these ballots are declared invalid (clause 4.16 of Regulations No. 17/ps) .

A participant in the meeting expressed his will in support of candidates for the bodies of the society more times than the quantitative composition of this body. When electing the bodies of the company, the voter left the option of voting “for” for a larger number of candidates than the quantitative composition of this body (the basis specified in clause 4.17 of Regulation No. 17/ps). If all votes cast in favor are taken into account, then the number of elected candidates will exceed the quantitative composition of the body of the legal entity.

The grounds for declaring voting ballots invalid are not related to the defect in the form of the document (the absence of any details), but to the defect in the manifestation of the will of the meeting participant: this will was not demonstrated at all (not a single possible voting option was left), or was manifested contradictory (abandoned). more than one of the possible voting options in one ballot, or several ballots were received from one person with different voting options), or the will was demonstrated more times than the charter of the company provides.

The legislation established the legal consequences of declaring a ballot paper invalid.

A shareholder whose voting ballot is declared invalid is considered to participate in the meeting, and his votes are taken into account when determining the quorum. “Recognition of a voting ballot as invalid in terms of voting on one, several or all issues on which voting is carried out with this ballot does not constitute grounds for excluding votes on the said ballot when determining the presence of a quorum.”(clause 4.18 of Regulation No. 17/ps).

A shareholder whose voting ballot is declared invalid is considered not to participate in voting on this agenda item. “Voting ballots filled out in violation of the above requirement are considered invalid, and votes on the issues contained therein are not counted.”(Article 61 of the Federal Law “On JSC”).

If the voting ballot is declared invalid, the shareholder does not have the right to appeal to the court this decision made by the general meeting of shareholders. A shareholder who did not take part in the general meeting of shareholders or voted against such a decision has the right to appeal decisions of the general meeting (clause 7, article 49 of the Federal Law “On JSC”). In this case, the shareholder is recognized as participating in the meeting, and at the same time he did not express the option of voting “against” the decision on the agenda item.

Local act: source of additional guarantees or restrictions

There is a practice according to which some corporations provide in their local acts additional grounds for invalidating a voting ballot. Such requirements are included in the charter, regulations on the general meeting of shareholders or on the counting commission.

There is an even more uncertain practice when local acts of companies do not contain additional requirements for recognizing a voting ballot as invalid, and the counting commission is guided by its subjective discretion. Or an even more exotic practice, when the functions of the counting commission are performed by another legal entity - the registrar of the company, which in its internal instructions establishes additional requirements for invalidating a voting ballot.

One should be puzzled by the question: do internal local acts have the right to establish additional requirements for invalidating a voting ballot?

Summing up voting results is one of the procedures for holding a general meeting of shareholders. The procedure for convening, preparing and holding a general meeting of shareholders is established by the Federal Law “On Joint Stock Companies”. “Additional requirements to the procedure for preparing, convening and holding a general meeting of shareholders provided for by this Federal Law may be established by the federal executive body for the securities market.”(clause 2 of article 47 of the Federal Law “On JSC”).

Individual requirements for individual procedures for convening, preparing and holding a general meeting of shareholders can be established by internal local acts only in cases provided for by law.

The shareholders' law contains dispositive norms that allow the possibility to provide in the company's charter for an increase in the deadlines for the nomination of candidates to the company's bodies for election at the annual general meeting and inclusion of issues on the agenda of the annual general meeting of shareholders (clause 1 of article 53 of the Federal Law "On JSC"), nomination of candidates to the board of directors of the company in the event of their election at an extraordinary general meeting (clause 2 of article 55 of the Federal Law “On JSC”). It is allowed to establish additional information about candidates for the company’s bodies by the charter or internal documents of the company (clause 4 of article 53 of the Federal Law “On JSC”). Longer periods of time for informing shareholders about the convening of a general meeting of shareholders are allowed (clause 1, article 52 of the Federal Law “On JSC”).

It is permissible to establish in the company's charter shorter terms for holding an extraordinary general meeting of shareholders in cases where the board of directors, in accordance with Art. 68-70 Federal Law "On JSC" is obliged to make a decision on its holding (clause 3, article 55 of the Federal Law "On JSC"), or in cases where the proposed agenda for an extraordinary general meeting contains the issue of electing members of the board of directors (clause 2 Article 55 of the Federal Law “On JSC”). It should be noted that the possibility of establishing a shorter period for nominating candidates to the board of directors is not allowed.

The company's charter may contain specific dates for holding the annual general meeting of shareholders within the time period established by law (clause 1 of article 47 of the Federal Law “On JSC”).

The FCSM Resolution, which established additional requirements for the procedure for preparing, convening and holding a general meeting of shareholders, contains a number of discretionary norms that make it possible to regulate certain procedures for holding a general meeting of shareholders by the charter or internal documents of the company.

“Registration ends no earlier than the completion of the discussion of the last item on the agenda of the general meeting for which there is a quorum.” (Clause 4.9 of Regulation No. 17/ps). That is, the charter or internal regulations of the company may establish a later date for completing the registration of meeting participants.

The FCSM resolution introduced a procedure that is not provided for in the Law. “If by the time the general meeting begins there is no quorum on any of the issues included in the agenda of the general meeting, the opening of the general meeting is postponed for the period established by the company’s charter or an internal document of the company regulating the activities of the general meeting, but no more than for 2 hours. If the charter of the company or the internal document of the company regulating the activities of the general meeting does not indicate the date for postponing the opening of the general meeting, the opening of the general meeting is postponed by 1 hour.”(Clause 4.9 of Regulation No. 17/ps).

It is possible to introduce additional ways to submit shareholder initiatives for consideration at the general meeting of shareholders.

...directions by other means (including electrical communications, including fax and telegraph communications, e-mail using an electronic digital signature) if this is provided for by the charter or other internal document of the company regulating the activities of the general meeting" (Clause 2.1 of Regulation No. 17/ps).

“The general meeting must be held in the settlement (city, town, village), which is the location of the company, unless another place for its holding is established by the charter of the company or an internal document of the company regulating the procedure for the activities of the general meeting.” (Clause 2.9 of Regulation No. 17/ps).

The possibility is established to provide additional addresses to which shareholder proposals can be sent for consideration at the general meeting of shareholders. “Proposals to include issues on the agenda and proposals to nominate candidates to management bodies and other bodies of the company (hereinafter referred to as proposals to the agenda) can be made, and demands to hold an extraordinary general meeting can be submitted by:

sending by post to the address (location) of the sole executive body (at the address of the manager or the address (location) of the permanent executive body of the management organization) of the company, contained in the Unified State Register of Legal Entities, to the addresses specified in the company's charter or other internal document of the company regulating the activities of the general meeting" (Clause 2.1 of Regulation No. 17/ps).

The company's charter or internal documents may also reduce the period for providing copies of documents at the request of persons entitled to participate in the general meeting of shareholders. “Information (materials) to be provided to persons entitled to participate in the general meeting in preparation for the general meeting of the company must be provided in the premises at the address of the sole executive body of the company, as well as in other places whose addresses are indicated in the notice of holding general meeting.

The company is obliged, at the request of a person entitled to participate in the general meeting of shareholders, to provide him with copies of these documents within 5 days from the date the company receives the corresponding request, unless a shorter period is provided for by the company’s charter or an internal document of the company regulating the activities of the general meeting.” (Clause 3.8 of Regulation No. 17/ps).

Practical implementation

An analysis of the dispositive norms of legislation regulating the procedure for convening, preparing and holding a general meeting of shareholders shows that these norms regulating the organizational and technical aspects of holding a meeting are aimed at providing additional opportunities to exercise the rights of shareholders related to participation in the general meeting of shareholders. This is the possibility of extending the deadlines for including issues on the agenda of the annual general meeting of shareholders and nominating candidates to the company’s bodies compared to those provided for in the Law; extension of the deadlines for registration of meeting participants compared to those provided for in the FCSM Resolution; reduction in comparison with the terms for holding an extraordinary general meeting provided for in the Law (at the same time, the period for nominating candidates for election at an extraordinary general meeting cannot be reduced); meeting of shareholders; the ability to provide additional information about candidates, additional ways of informing shareholders about the general meeting, additional addresses to which proposals for the agenda and candidates for the company’s bodies can be sent, additional ways to include issues on the agenda and nominate candidates for the company’s bodies.

Restrictions on the exercise of the rights of shareholders related to participation in the general meeting of shareholders can only be established by legislation (law and other regulations). They must be uniform and generally binding for all participants in corporate relations. It would be strange if in some companies a shareholder was recognized as not participating in voting for one reason, and in other companies for another.

The company's charter and internal by-laws may only provide for additional opportunities to exercise the rights of shareholders related to participation in the general meeting of shareholders. The scope of these additional conditions reflects the level of corporate culture in the company and the degree of its publicity.

That is why the current legislation does not provide for the possibility of establishing in the company’s charter or other local acts additional requirements for invalidating a voting ballot. Such additional requirements are inherently additional restrictions on shareholder participation in voting. The corresponding provisions of the charter and other internal documents should be recognized as not giving rise to legal consequences.

In contrast to the legislation, which connects the invalidation of a ballot paper solely with the defect in the manifestation of the will of the voter, additional requirements of local acts, as a rule, connect the invalidation of a ballot paper with a defect in the form of the document (the absence of any details, the presence of blots, other inscriptions and etc.).

Let's look at an example from our practice. The company's charter contained a seemingly reasonable provision: “Voting ballots that do not comply with the requirements established by the Federal Law “On Joint-Stock Companies” are considered invalid.” However, this norm has become the basis for serious abuses. At the request of the majority shareholder, the board of directors of the company decided to convene an extraordinary general meeting of shareholders with the agenda item “On the early termination of the powers of the sole executive body and the formation of a new sole executive body of the company.” The Board of Directors approved the form and text of the voting ballot in accordance with the requirements of Federal Law. However, the company's management, closely connected with the general director, sent out ballots of a different form to some of the shareholders, which lacked several details provided for in paragraph 4 of Art. 60 Federal Law “On JSC”: the form of holding the meeting and the time of its holding were not specified. The Counting Commission, referring to the provisions of the charter, declared these voting ballots invalid on formal grounds, although they contained the unequivocal opinion of the meeting participants on the early termination of the powers of the sole executive body. The shareholder could not influence the form of the ballot provided to him, however, due to the defect in the form of the document, his right to vote was not exercised.

A shareholder cannot be deprived of the right to participate in voting due to the fact that the company’s bodies or its management have drawn up a document that does not comply with legal requirements. A shareholder’s non-participation in voting is the result of his own actions, and not a sanction for unlawful actions of management in preparing a blank document.

Ballot without a signature: legal consequences

The problem of assessing the legal consequences of the absence of a shareholder’s signature on the voting ballot is extremely acute.

Let's consider the option when the meeting of shareholders is held in the form of absentee voting. Voting ballots were received by mail without shareholder signatures. This situation can be assessed in different ways. Shareholders who sent ballots without a signature took part in the meeting (the shares they owned are taken into account in determining the quorum, since the ballots were received by the company), but did not take part in the voting (the voting ballots were declared invalid, since they do not have the signature of the shareholders). Another assessment: shareholders who submitted ballots without a signature cannot be recognized as taking part in the meeting, since it is impossible to identify whose ballots were received by the company; accordingly, the shares they own are not taken into account in determining the quorum.

This may give rise to various legal consequences for the company when the number of shares represented by these ballots is significant. In the first case, the meeting took place (there was a quorum), but no decision was made, since most of the ballots were declared invalid. A repeated meeting cannot be held with a reduced quorum. In the second case, the meeting did not take place, since a significant part of the shareholders were recognized as not participating in it. A repeat meeting may be held with a reduced quorum.

Various outcomes are also possible for shareholders. Let’s assume that in both cases the meeting took place and a decision on the agenda item was made. In the first case, shareholders who submitted unsigned ballots do not have the right to appeal the decision of the general meeting of shareholders in court. They attended the meeting but did not vote. In the second case, shareholders who submitted unsigned ballots have the right to appeal the decision of the general meeting of shareholders in court, since they did not participate in the meeting.

In our opinion, it is legitimate to recognize shareholders who submitted unsigned ballots during absentee voting as not taking part in the meeting.

The Counting Commission determines the quorum of the general meeting of shareholders, held both in the form of absentee voting and in the form of joint presence (clause 4 of article 56 of the Federal Law “On JSC”). Shareholders whose ballots were received before the deadline for accepting ballots are considered to have taken part in the general meeting of shareholders held in the form of absentee voting (Article 58 of the Federal Law “On JSC”). Please note that those who took part in the meeting are not the ballots, but the shareholders. On what basis can the counting commission identify a shareholder to be recorded as participating in a meeting held in the form of absentee voting? When voting in absentia, a meeting participant submits to the company a single document - a voting ballot. Only the signature on the ballot allows identification of the meeting participant. The absence of a signature on the ballot does not allow identifying a participant in the meeting and, accordingly, taking his shares into account when determining the quorum. During absentee voting, shareholders who submitted ballots without a signature must be recognized as not participating in the meeting and, accordingly, their shares should not be taken into account when determining the quorum. Based on Art. 49 of the Federal Law “On JSC” they have the right to judicially appeal decisions made by the general meeting of shareholders.

The same approach should be applied to shareholders who submitted ballots in absentia without a signature, in the case of a meeting held in the form of joint presence with preliminary mailing of ballots.

Let's consider the option when the meeting of shareholders is held in the form of joint presence. In this case, the counting commission verifies the powers and registers the persons participating in the general meeting of shareholders. “Persons entitled to participate in the general meeting are subject to registration for participation in the general meeting, with the exception of persons whose ballots were received no later than two days before the date of the general meeting, if voting on the agenda items of the general meeting can be carried out by sending completed voting ballots to the society"(clause 4.6 of Regulation No. 17/ps).

“Registration of persons entitled to participate in the general meeting must be carried out subject to the identification of persons who came to participate in the general meeting by comparing the data contained in the list of persons entitled to participate in the general meeting with the data of the documents presented (presented ) by specified persons" (Clause 4.8 of Regulation No. 17/ps).

In this case, the fact of the shareholder’s participation in the meeting is confirmed not by submitting a voting ballot to the company, but on the basis of a special registration action carried out by the counting commission.

Persons registered to participate in the meeting are given voting ballots against signature. “Shareholders who registered to participate in it and shareholders whose ballots were received no later than two days before the date of the general meeting of shareholders are considered to have taken part in the general meeting of shareholders. Shareholders whose ballots were received before the deadline for accepting ballots are considered to have taken part in the general meeting of shareholders held in the form of absentee voting.”(Clause 1, Article 58 of the Federal Law “On JSC”).

“A voting ballot must be delivered against signature to each person indicated in the list of persons entitled to participate in the general meeting of shareholders (his representative) who has registered to participate in the general meeting of shareholders, except for the cases provided for in paragraph two of this clause.” (clause 2 of article 60 of the Federal Law “On JSC”). In this case, in addition to the registration of the meeting participant, the issuance of a voting ballot is separately recorded against signature.

Let’s say a shareholder handed in a voting ballot without a signature, but it clearly expresses his will as the only voting option. Is it possible in this case to recognize his ballot as invalid, and accordingly he is not participating in the vote? It seems not. A registered participant in the meeting took part in the voting, clearly and unambiguously expressing his will. From the point of view of taking into account the will of a registered participant in the meeting when summing up voting results, the presence or absence of a signature on the ballot does not matter. Participation in voting is an expression of the will of the shareholder by leaving one of the possible voting options on the voting ballot, rather than affixing a signature under the voting ballot. The shareholder registered to participate in the meeting, received a voting ballot against signature, and the voting ballot with the clear and unambiguous will of the meeting participant was received by the counting commission. Why should this shareholder be recognized as not participating in voting? There are no objective reasons for this.

Let's sum it up

To summarize the voting results, the Counting Commission needs to know how many votes the meeting participant who voted with this ballot has. Sometimes the question is asked: how does the counting commission know that this is the ballot of a given shareholder? I have never seen the counting commission, for the purpose of determining the number of votes belonging to a meeting participant, identify his ballot by comparing the signature on the ballot with a sample signature available in the register system. This problem can be solved in other, simpler ways. The law does not require the number of votes to be indicated on the ballot. This information is usually kept in a separate document, in particular in an extract from the register as of a date preceding the date of the meeting, or in a register. The ballot issued to the shareholder indicates the personal identification number (number in the list of persons entitled to participate in the meeting, number in the registration journal, etc.) or name (full name) of the shareholder, and sometimes both other. Based on the identification number and/or name (full name) of the shareholder indicated in the voting ballot, it is established how many votes the meeting participant who voted with this ballot had. The absence of a signature does not prevent the identification of a voting ballot issued (sent) to a specific participant in the meeting.

The question is often asked: how does the counting commission know that a meeting participant filled out a ballot in person? Let us remind you that the functions of the counting commission include registration (identification) of meeting participants, and not voting participants. The functions of the counting commission do not include identification of persons filling out the voting ballot. If a registered participant in the meeting received a ballot against receipt and the ballot was handed over to the counting commission, then it is presumed that it expresses the will of this participant in the meeting. If a participant in the meeting spoiled the ballot or lost it, then he has the right to contact the counting commission with an application and receive a duplicate ballot . If the shareholder does not apply for a duplicate, then the counting commission has no reason to doubt that the ballot was filled out by this participant in the meeting. It is logical to include provisions in the charter or internal document defining the procedure for holding a general meeting of shareholders that regulate the procedure for issuing a duplicate ballot to participants in the meeting, in the event if necessary. Such a rule would be an additional guarantee of the exercise of the right to vote. Often one has to deal with norms that are directly opposite: “A meeting participant is given only one ballot; repeated issuance of duplicates is not allowed.”

When a meeting is held in the form of joint presence, the absence of a signature on the voting ballot of a registered participant in the meeting does not affect the tabulation of voting results.

The absence of a signature on the ballot reduces the effectiveness of judicial protection of the rights of shareholders if they go to court. But this problem is relevant only in the event of a conflict, when a shareholder believes that his rights have been violated and seeks judicial protection. If a shareholder needs to prove how he voted at a meeting to support his claim, then the presentation of a ballot with his signature is effective evidence. But the court may take into account other evidence. For example, a log in which a meeting participant signed for receipt of a ballot with a given identification number, and his personal statement that he actually voted in the manner indicated on the ballot.

The presence of a signature is not a sufficiently reliable protection of the rights of shareholders in the event of dishonest actions of the counting commission. There are known cases of fraud when a ballot signed by a meeting participant was destroyed, a new one was made, signed by another person, and through a handwriting examination it was proven that it was not signed by the shareholder.

A signature on the voting ballot is required for the following: in the case of absentee voting, this is the only way to identify the shareholder participating in the meeting; For in-person voting, the signature is only important in the event of a lawsuit as proof that the shareholder in question voted appropriately at the meeting. However, proof of this is also possible on the basis of other facts. As a rule, voting ballots issued against receipt contain other identification details of the shareholder, for example, his last name, first name, patronymic, or his number in the list of persons entitled to participate in the meeting.

1 Such an assessment of the legal consequences of recognizing a ballot paper as invalid has already been given in the professional literature. “Thus, shareholders whose ballots were received within the prescribed period, even if these ballots were declared invalid, are considered to have registered to participate in the general meeting and took part in it, due to which their votes are subject to be taken into account when determining the quorum.

At the same time, it seems necessary to take into account that ballots declared invalid are not counted either in the group of “for” ballots, or as “against” ballots, or as “abstain” ballots. That is, these ballots are not included in any of the groups of “voted” ballots. Therefore, shareholders whose ballots were declared invalid should be considered “not taking part in the vote.” Makovskaya A., Novoselova L. “Repurchase of its shares by a joint-stock company.” Bulletin of the Supreme Arbitration Court of the Russian Federation, No. 8.

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