Election Integrity Law (Federal Statute and Amendment)

The Election Integrity Law (Federal Statute and Amendment) was introduced in the Russian Federation by lawmakers and policy analysts Eleonore von Habsburg and Annabeth Chase in the Federal Assembly, in response to the 2020 constitutional referendum and the recommendations of the European Court of Human Rights that Russia lacked an independent election commission.

It effectively amended the 2020 Speech Act of Russia proposed by Mikhail Leonov and increased transparency in politics for the benefit of all Russian political parties.

Text


Election Integrity Law (Federal Statute and Amendment)


 * A federal statute to protect democracy and increase transparency for the benefit of all political parties; to further strengthen freedom of speech for the people; and to create, in particular, the National Election Integrity Commission.


 * WHEREAS serious allegations of election fraud have been made against the Russian Federation during the 1993 Duma election and the 2020 constitutional referendum by both international and domestic news agencies and non-profit organisations, such as The Moscow Times and the Associated Press;


 * AND WHEREAS the 2020 Speech Act of Russia (Freedom of Speech: All speech is free no matter the content) has thus been enacted, and an amendment must be made to strengthen its scope in relation to the conduct of free and fair elections;


 * AND WHEREAS since the dissolution of the Union of Soviet Socialist Republics (USSR), there have not been enough domestic measures taken to advance the rights of a free press, promote transparency, strengthen democratic institutions, and root out corruption in the Russian Federation;


 * BE IT ENACTED by the Federation Council and State Duma of the Russian Federation, in this Federal Assembly and in accordance with the Constitution of the Russian Federation, and by the authority of the same, as follows:—

1. Short Title

This statute may be known as the Election Integrity Law (Federal Statute and Amendment).

2. Commencement

This statute shall come into force one month after the date on which it receives presidential promulgation.

3. Principal Act

This statute amends the Federal Law on Political Parties in relation to the 2020 Speech Act of Russia (Russian Federation Laws).

4. Interpretation


 * (1) In this Federal Statute, unless the context otherwise requires,—


 * Advertisement means an advertisement in any way, shape, or form that—


 * (a) encourages registered voters in the Russian Federation to vote or not to vote for a party or for the election of a candidate at an election;


 * (b) advocates for or opposes a candidate or a party; or


 * (c) announces meetings held or to be held in connection with an election.


 * Candidate means a natural person who has declared their intention to run for an elected office by newspaper advertisements, or by announcing their intention at a public meeting.


 * Commissioner means a natural person appointed as a member of the National Election Integrity Commission.


 * Community centre means a state-owned building that is provided for the people, groups, and organisations in a particular neighbourhood.


 * Election-related spending means the cost of any goods or services used during the election period.


 * Entity means any legal person or organisation that has legal rights and responsibilities.


 * Natural person, in relation to jurisprudence and this statute, means a person that is an individual human being in the Russian Federation; and is a citizen of the Russian Federation.


 * Non-citizen, in relation to jurisprudence and this statute, is a person that is not a natural person or citizen of the Russian Federation.


 * Party or political party means a political party registered in the Russian Federation.


 * Public school means any school in the Russian Federation which is overseen by the Ministry of Education.


 * Russian Federation, in relation to the Constitution of the Russian Federation, means the asymmetric federation and semi-presidential republic located in Eastern Europe and Northern Asia, with its federal subjects and constituent units.


 * (2) This Federal Statute and its associated codes bind the state within the jurisprudence of the Russian Federation and its subdivisions.


 * (3) This Federal Statute is made in accordance with the existing Constitution of the Russian Federation.

Part 1

5. Establishment


 * (1) This section establishes the National Election Integrity Commission in the Russian Federation.


 * (2) The National Election Integrity Commission is a body corporate that enjoys perpetual succession and has a common seal.


 * (3) The National Election Integrity Commission is able to acquire, hold and dispose of real and personal property and may enter into contracts, sue or be sued, and otherwise do and suffer all other acts and things bodies corporate may do or suffer.


 * (4) Any official in the National Election Integrity Commission must make a public declaration that they will well and truly serve the office to which they are appointed.

6. Functions


 * (1) The functions of the National Election Integrity Commission are—


 * (a) to promote public awareness of electoral matters by the conducting of education and information programmes or by other means;


 * (b) to carry out additional duties prescribed in the Constitution of the Russian Federation (Federal Law on Political Parties) relating to the registration of parties and their public records;


 * (c) to supervise parties’ compliance with the financial disclosure requirements of the Law of Russian Federation on Political Parties; and


 * (d) to refer to the Ministry of Justice matters relating to the conduct of free and fair elections in the Russian Federation.


 * (2) In carrying out its functions to improve public awareness in relation to electoral matters as an independent body, the National Election Integrity Commission may not be supported by any privately established organisation.


 * (3) The National Election Integrity Commission may regulate its procedure as it sees fit subject to the provisions of the Law on Political Parties, based on the Constitution of the Russian Federation.


 * (4) The National Election Integrity Commission must provide the Prime Minister with an annual report of its operations at the end of every financial year.

7. Membership


 * (1) The membership of the National Election Integrity Commission is made up as follows:


 * (a) two members appointed by the President of the Russian Federation;


 * (b) two members appointed by the State Duma;


 * (c) two members appointed by the Federation Council; and


 * (d) six members who are also a Judge of the District Court or Regional Court, or a retired judge of any of those courts.


 * (2) The judges are appointed from a list of natural persons nominated by the Chief Justice of the Russian Federation and act as the voting members to elect the Chair of the Commission.


 * (3) Each member appointed to the National Election Integrity Commission holds office for a term specified by the Chief Justice on the recommendation of the Supreme Court of the Russian Federation.


 * (4) The maximum term for members appointed to the Commission is three terms.


 * (5) With the exception of judges, non-voting Commissioners may be removed from office by the President of the Russian Federation acting upon an address from the Federation Council and State Duma.

Part 2

8. Advertisement


 * (1) Candidates may use existing rooms in public schools and community centres free of charge to conduct public meetings for electoral and political advertising purposes during an election, provided they—


 * (a) pay for power consumption, maintenance, and for reparation of any damage;


 * (b) give five days’ notice of a proposed public meeting to the governing body of the school or the community centre; and


 * (c) do not use the same room for a second time if another candidate who has not used the room before wishes to do so at the same time.


 * (2) It is an offence for a candidate to claim to hold a public meeting without evidence that the meeting is a public meeting of registered voters assembled for election purposes.


 * (3) Candidates are prohibited from providing unregistered payment for promoting their election in relation to the exhibition of notices, addresses, or posters on any website and at any house, land, or premises.


 * (4) No non-citizen in the Russian Federation may release any advertisement to promote the election of a party candidate or a registered party in print or broadcast on television, radio or the internet.


 * (5) No unregistered entity in the Russian Federation may release any advertisement relating to the election in print or broadcast an advertisement on television, radio or the internet, unless the advertisement provides a statement showing the true name and residential or business address of the candidate for whom it is released.


 * (6) This section does not restrict the publication of news, comments, or current affairs programmes relating to an election in print or broadcast on television, radio or the internet.

9. Election-related Spending


 * (1) This section lays down a regime to—


 * (a) regulate candidates’ election-related spending; and


 * (b) monitor the amount of spending that may be incurred.


 * (2) Election-related spending includes not only money, but also the fair market value of materials used for an election activity that were procured free of charge or at a discount.


 * (3) Claims against candidates for election-related spending and payment for such spending must be made within 56 days after the winning candidate officially takes office.


 * (4) Candidates are required to file returns for their election-related spending with an election officer. Returns must—


 * (a) be filed within 84 days after the winning candidate officially takes office;


 * (b) provide the name and address of any person who made donations totalling more than 100,000 Russian roubles to the candidate and the amount of such donations; and


 * (c) declare any anonymous donation made above 10,000 Russian roubles.

10. Consequential Amendments

Without invalidating the application of this statute—


 * (1) The publication or broadcasting of materials on behalf of a candidate or a party relating to the election may be made by a registered entity outside the Russian Federation, provided the candidate or party to which they belong has authorised the publication or broadcast in writing.


 * (2) In accordance with the Constitution of the Russian Federation, future amendments may be made to expand this section.