To organize elections to local authorities, hold a referendum, vote on issues related to the recall of elected representatives of the municipality, changing borders and transforming the municipalities, an election commission of the municipality is formed. The status of this body is regulated in the Federal Law No. 131. Further, we consider its features.
general characteristics
In accordance with the Federal Law No. 131 (Article 39), the election commission of a municipality is a body that is not part of the system of local power structures. This situation is due to the fact that it does not solve local issues.
Meanwhile, a number of lawyers object to the wording enshrined in 131-FZ. Specialists proceed from the fact that the structure of local authorities is an element of the system of territorial self-government. Consequently, municipal authorities should be included in it, as well as local government institutions. In practice, however, this view does not find support.
The specifics of legal provision
The election commission of a municipality is a non-election body. In other words, it is not formed like other self-government bodies - through elections.
The election commission of a municipality is a part (not a structure) of local authorities. Its activities contribute to the resolution of issues of territorial importance through the organization of the procedure for the formation of the composition of deputies of representative structures and elected persons, referenda and voting. She has independent competence. Election commissions of municipalities are created in accordance with the procedure enshrined in federal law, regional regulatory acts and the charter of the Moscow Region.
Feature Delegation
The powers of commissions of the Moscow Region can be transferred to territorial structures. They, in turn, provide for the preparation and conduct of elections to state bodies within a specific administrative unit.
To delegate the respective functions of the territorial election commission from the municipality to the regional authorized structure, an appropriate appeal must be received. On its basis, the commission of the subject makes a decision on the transfer of authority. This norm can be used by municipalities with a small number of citizens, in which the possibilities for selecting candidates for the electoral body are very limited. In this case, an important nuance should be taken into account. Even if the territorial commission is delegated authority to organize and conduct municipal elections, it will act as a body of the Moscow Region.
Legal status
The legislation does not provide for the obligation of the election commission of a municipality to register as a legal entity. This distinguishes it from a territorial or regional authority.
The status of a legal entity may be obtained by the election commission of a municipality in accordance with the charter or normative act of the local power structure. According to a number of lawyers, however, this issue should be resolved within the framework of the charter of the Moscow Region. The funding status will also depend on the status of the commission.
In some municipalities, this issue has not been resolved for quite some time. For example, in the charter of Yekaterinburg until 2008 there was no norm on the status of a legal entity for an election commission. Corresponding changes were made in November of the specified year. On December 31, 2008, the election commission of the city became a legal entity. The charter also stipulates that it is a permanent structure.
If the election commission of a municipality, as a permanent body, has received the status of a legal entity, the budget should include funds to ensure its functioning.
Term of office
He is 5 years old. If the term expires after the appointment, but before the end of the referendum or during the election campaign in which the commission takes part, the term of office is extended until the completion of the procedure. At the same time, their early termination is allowed. For this, the conditions must be met. The powers of the election commission of a municipality may be terminated early ahead of time only by the law of a constituent entity of the Russian Federation and in the event of a transformation of the Moscow Region.
Composition
In accordance with the established procedure, the formation of the election commission of the municipality (district, intracity territory, urban district) is carried out from 8, 10, 12 people with a decisive vote. In settlements, an organ is formed of 6, 8, 10 members. The specific number is determined in the charter of the Moscow Region.
All structures, regardless of whether they are temporarily or permanently active, must adopt a work schedule. It enshrines the rules for appointing the chairman of the election commission of the municipality, his secretary and deputy. The regulations also determine the internal organization of the body, the procedure for convening and conducting meetings.
The election commission is a collegial structure. She is authorized to start work if the composition is formed at 2/3 of the established.
Credentials
In accordance with Art. 39 131-, commissions perform the functions enshrined in article 24 of the Federal Law No. 67. The powers of the authorities include:
- Monitoring compliance with citizens' suffrage (both active and passive).
- Ensuring the implementation of measures for the preparation and conduct of referenda and elections, the publication of the necessary printed materials.
- Implementation of measures to comply with uniform rules for the distribution of print space and airtime between candidates, registered political associations for election campaigning.
- Providing organizational, technical, methodological, legal assistance to lower-level election commissions, consideration of applications / complaints about their inaction / actions and decisions.
- Hearing messages sent by local authorities on issues related to the organization and conduct of referenda and elections.
- Realization of other tasks, in accordance with the provisions of federal and regional laws, charters, the Constitution.
Requirements
The permanent election commission of the municipality shall convene for the first meeting no later than 15 days after the approval of the decision on the appointment of members with a casting vote, but not earlier than the expiration date of the previous members.
For temporarily created bodies this requirement does not apply. However, commissions operating on an intermittent basis comply with this rule in practice.
For a meeting, at least 2/3 of the members of the body must be appointed. From this moment, the powers of the previously acting commission are terminated.
Convening Features
The commission meets as necessary. The Chairperson shall hold meetings without fail if the corresponding request came from at least 1/3 of the members with a casting vote.
If the commission is a permanent structure, it adopts a schedule. In accordance with it, meetings are held. Meanwhile, in practice, extraordinary meetings may be convened. If the commission is temporary, then meetings are usually held only during the election campaign.
Voting
At the request of any member, including a higher authority, a question should be submitted that is within the competence of the structure and included in the agenda.
By a majority of the votes from the established number of members, decisions are made by the election commission of the municipality on:
- The appointment or dismissal of the chairman, his deputy or secretary.
- Submitting candidatures for the above positions.
- Financial support for the organization and conduct of referenda and elections.
- Registration of candidates and their lists, appeal to the court about its cancellation.
- The results of the referendum / election.
- Recognition of election campaigns as invalid or invalid.
- Repeated elections or voting.
Decisions on other matters are taken by the majority of those present at the meeting.
If the discussion proves an equal number of votes for and against, the opinion of the chairman will be decisive.
Publicity
At all meetings, when counting the votes of referendum participants or votes, the following may be present:
- Candidate who has registered.
- Members and employees of the apparatus of higher commissions.
- The representative of the association that registered the list, or a candidate from this list.
- Member or proxy of the referendum initiative group.
For these persons to attend the meeting, there is no need to obtain additional permits. The commission, in turn, must provide them with unhindered access to meetings and the premises where the votes are counted, work is carried out with documents related to the organization of the election campaign.
In addition, media representatives are invited to attend meetings. They also do not need to obtain additional permissions.
Decisions of the commission related to the organization and conduct of election campaigns or referenda must be made public. They are published in periodicals of the Ministry of Defense or brought to the attention of the population in another way, transmitted to other mass media on time and in the amount determined by law.
Decisions of the commissions are not municipal regulatory legal acts. Accordingly, their entry into force is not associated with their official publication.
Voter Registration
On this tape, a circle of entities is defined that possesses, in accordance with the Constitution, political rights and lives within the territory of a particular site. Lists are compiled by commissions on the basis of information transmitted by the head of the MO.
Lists in alphabetical or other order (by houses, streets, etc.) are signed by the secretary and the chairman. 10 days before the date of voting, the precinct election commission will publish the lists.
Each voter has the right to declare any inaccuracy in the list. Citizens can use this right on any day, including on the day of direct voting. Verification of the application is carried out during the day. When an inaccuracy is confirmed, it is corrected immediately. Otherwise, the commission must reject the message with a reasoned letter.
Nomination of candidates
For registration, the subject must have passive suffrage. Applications to candidates for deputies or heads of the Moscow Region are sent to the commission.
The legislation allows 3 forms of exercising suffrage: by self-nomination, by registration from an association or as part of a list submitted by a political party.
Interested parties send a written statement of consent to run and (if elected) to refuse to carry out activities contrary to the status of a deputy or to fill an elected post. After receiving the application, the candidate is recognized as nominated, and the commission notified of his nomination.
Legislation takes at least 40 days to collect signatures, receive other voter support, and complete lists and applications. In case of early elections, the term is reduced to 1 month. The duration of the election campaign for the formation of local authorities is 20 days.
Agitation
It can be carried out:
- With the help of the media.
- By organizing public events (meetings with voters, for example).
- By distributing campaign materials. Leaflets, posters, etc. are delivered to the election commission. All campaign materials must contain mandatory details provided for printed materials.
Campaigning is carried out from the date of registration and ends the day before the vote.
Election fund
Formed by each candidate. An election fund is needed to finance the campaign. It is formed after a written notice to the commission on the nomination of a candidate before providing the documents necessary for registration.
The creation of a fund is not necessary if the number of voters in the district is not more than 5 thousand people. In this case, the candidate must inform the commission about these circumstances.
Associations that have put forward lists of their candidates must form funds to finance the campaign after registering their representatives dealing with financial issues.
Sources of funds
Funds can be created by:
- Own funds of candidates, electoral associations.
- Voluntary donations of organizations and citizens.
- The funds provided to the candidate by the association nominating him.
- Amounts allocated by the commission, if permitted by law.
The legislation establishes a number of restrictions on the financing of funds. In particular, their creation at the expense of foreign persons or entities without citizenship is not allowed.
Conducting Elections / Referendum
On the day of the event, voting facilities are equipped and ballots are distributed. Elections / referendum are held from 8 a.m. to 8 p.m.
In cases specified by law, early voting is permitted. It is held 10-15 days before the official date.
Summarizing
Invalid ballots are selected and counted at each polling station. These are the forms:
- Unknown form.
- Filled so that it is not possible to determine the will of a citizen.
- Not stamped commissions.
After the vote count, a protocol is drawn up. The completed documentation is transmitted to a higher commission before the expiration of 10 days from the date of the official publication of the campaign results.
Legislation allows for the verification of votes. Members of a higher commission participate in this procedure. When recounting, candidates, members of a lower commission, observers, and media representatives may be present.
The results of elections and referenda held at the local level are recorded in statistical documents.