Content

 

LAW

 

OF THE REPUBLIC OF ARMENIA

 

Adopted on 25 May 2016

 

 

ELECTORAL CODE OF THE REPUBLIC OF ARMENIA

(Constitutional Law)

 

PART ONE

 

SECTION 1

 

GENERAL PROVISIONS

 

CHAPTER 1

 

MAIN PROVISIONS

Article 1.

Fundamentals of elections

 

1. Elections of the National Assembly, Councils of Elders of communities, heads of communities — except for the heads of communities provided for by this Code — shall be held by secret ballot on the basis of universal, equal, free and direct suffrage.

 

Article 2.

Universal suffrage

 

1. Citizens of the Republic of Armenia having attained the age of 18 as of the day of election (hereinafter referred to as “the voting day”) shall have the right to elect during the elections of the National Assembly.

2. During the elections of local self-government bodies the right to elect shall be reserved to the following persons, having attained the age of 18 as of the voting day and registered in the Population Register of the community where the elections are being held:

(1) citizens of the Republic of Armenia registered for at least 6 months before the voting day;

(2) citizens of the Republic of Armenia having no registration for at least 6 months before the voting day who have been registered in that community by virtue of discharge from compulsory fixed-term military service or of release from serving punishment in the form of imprisonment;

(3) persons not holding citizenship of the Republic of Armenia but registered for at least one year before the voting day (hereinafter referred to as “the elector not holding citizenship”).

3. During the elections of local self-government bodies, the rights and responsibilities prescribed by this Code for citizens of the Republic of Armenia shall also extend to persons having the right to elect during the elections of local self-government bodies.

4. Persons lacking active legal capacity as declared by a civil judgment of a court having entered into force, as well as persons convicted by a criminal judgment having entered into force and serving a punishment for grave and particularly grave offences, committed intentionally, do not have the right to elect.

Article 3.

Equal suffrage

 

1. Electors shall participate in elections on an equal basis.

2. Public authorities shall ensure equal conditions for the exercise of the right of suffrage of electors.

3. Electors shall — irrespective of nationality, race, sex, language, religion, political or other views, social origin, property or other status — have the right to elect and to be elected.

Article 4.

Free suffrage

 

1. Elections shall be held on the basis of the principles of freedom and voluntariness in the exercise of suffrage. No one shall have the right to force an elector to vote for or against a candidate, a political party (an alliance of political parties) or to force an elector to participate or not to participate in elections.

2. No one may force the elector in any way to reveal how he or she intends to vote or how he or she has voted.

(Article 4 amended, supplemented by HO-505-N of 5 December 2024)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 5.

Direct suffrage

 

1 The National Assembly, local self-government bodies — except for the heads of communities — elected by Councils of Elders of communities — shall be elected directly by electors.

(Article 5 edited by HO-333-N of 18 June 2020)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

Article 6.

Secrecy of voting

 

1. Voting shall be secret. For an elector, the secrecy of voting shall be not only a right, but also a responsibility. Control over the free expression of will of an elector shall be prohibited.

Article 7.

Mandatory and periodic nature of elections

 

1. Elections of the National Assembly and local self-government bodies shall be held periodically, within the time limits prescribed by the Constitution and this Code.

2. Elections of the National Assembly shall not be called and held during martial law or state of emergency. No later than 7 days after the end of the martial law or state of emergency the elections not having taken place due to martial law or state of emergency shall be called upon the decree of the President of the Republic and shall be held no earlier than 50 days and no later than 65 days after the end of the martial law or state of emergency.

3. Elections of local self-government bodies shall not be called and held during the martial law. Elections of local self-government bodies shall not be called and held when state of emergency is declared on the whole territory of the Republic of Armenia. When state of emergency is declared on part of the territory of the Republic of Armenia elections of local self-government bodies shall be called and held only in communities in the territories of which no state of emergency has been declared.

4. The regular and early elections of the local self-government bodies not called or held due to the martial law or state of emergency shall be held after the end of the martial law or state of emergency on the day closest of the days defined by the Central Electoral Commission, so that the time limits prescribed by this Code for organising and holding regular elections are observed.

(Article 7 supplemented, edited by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

Article 8.

Publicity of elections

 

1. Elections shall be prepared and held publicly.

2. Secondary regulatory legal acts of the Central Electoral Commission shall be published and enter into force as prescribed by the Law of the Republic of Armenia “On regulatory legal acts”.

Secondary regulatory legal acts of the Central Electoral Commission shall be posted on the website of the Central Electoral Commission by the end of the day following the adoption thereof, and during the period of elections of the National Assembly — on the same day.

Individual legal acts of the Central Electoral Commission shall enter into force in the manner and the time limits prescribed by the Law of the Republic of Armenia “On regulatory legal acts”, except for cases prescribed by this Code. These acts shall be posted on the website of the Central Electoral Commission by the end of the day following the adoption thereof.

3. For the purpose of ensuring publicity and transparency of organising and holding elections, raising the level of public awareness, ensuring security, protection and uninterrupted operation of the website of the Central Electoral Commission, the “Elections” automated system, and properly exercising the powers vested in electoral commissions by this Code, relevant electoral commissions shall be provided with necessary software, hardware and communication means, equipment and property.

4. Political parties (alliances of political parties) running in elections of the National Assembly and in elections of community Councils of Elders held through the proportional electoral system may publish their election programmes on the website of the Central Electoral Commission. Political parties (alliances of political parties) running in elections of the National Assembly may also publish the structure and composition of the Government of the Republic of Armenia proposed thereby on the website of the Central Electoral Commission.

5. Candidates shall, within 10 days following the expiry of the time limit prescribed by this Code for registration, submit a declaration of their property and income to the relevant electoral commission.

Within 10 days following the expiry of the time limit prescribed by this Code for registration of electoral lists of political parties running in elections, the political parties (alliances of political parties) running in elections shall submit a declaration of property and income of the political party (political parties included in the alliance of political parties) to the Central Electoral Commission.

The declaration shall include the composition of property as of 1st of the month of submitting the documents for registration prescribed by this Code, as well as the income obtained during 12 calendar months preceding the month of the time limit for submitting the documents for registration.

The forms (electronic forms) of declarations and the procedure for submission thereof, as well as the list of data included in the declaration and not subject to publication, shall be prescribed by the Central Electoral Commission.

6. Declarations of political parties (political parties included in the alliances of political parties) running in elections and declarations of the candidates shall be submitted electronically and posted on the website of the Commission — in an open data format.

7. During the elections of the National Assembly, the state administration body authorised by the Government of the Republic of Armenia, maintaining the State Population Register of the Republic of Armenia (hereinafter referred to as “the authorised body”) shall — on the 30th, 20th and 10th day preceding the voting day — publish the total number of electors included in the Register of Electors of the Republic of Armenia, indicating also the number of electors voting by place of location, electors of preferred place and electors having no registration. During the elections of the National Assembly, the authorised body shall, on the day preceding the voting, publish the total number of electors included in the Register of Electors of the Republic of Armenia, indicating also the total number of electors voting by place of location, electors of preferred place, electors having no registration, police officers seconded to electoral precincts, electors in a medical institution providing inpatient treatment.

8. Electors shall, as prescribed by this Code, be informed of compositions, locations, working hours of electoral commissions, the time limits for submission of applications on inaccuracies in the lists of electors, the nomination of candidates and the time limits for registration, the day, venue, time of voting, as well as the results of voting and election.

During the elections of the National Assembly, the Central Electoral Commission shall — within three days following the entry into force of the decree on calling of elections, and in case of elections of local self-government bodies, within three days following the expiry of the deadline for calling of elections — post on the website of the Central Electoral Commission the schedule of main measures of preparation and holding of elections, in case of elections of local self-government bodies also the list of communities where the elections shall be held.

Within the time limits provided for in this part, the Central Electoral Commission shall — on the public audiovisual broadcaster’s air and on the public audio broadcaster’s air — publish information on the time limits for submission of applications on inaccuracies in the lists of electors, time limits for nomination of candidates and registration thereof, as well as on the date and time of voting. The Central Electoral Commission shall also, on the public audiovisual broadcaster’s air and on the public audio broadcaster’s air, publish for the elector’s information on the means and manner of obtaining information regarding their electoral precinct number and the address of the polling station.

9. On the voting day, by 11:30, 14:30, 17:30 and 20:30, precinct electoral commissions shall be obliged to communicate to the constituency electoral commission the number of electors having participated in the voting at the given electoral precinct as of 11:00, 14:00, 17:00 and 20:00, respectively. Constituency electoral commissions shall summarise, publish and communicate such data to the Central Electoral Commission with the same interval. During the elections of the National Assembly, the Central Electoral Commission shall, on the voting day at 9:00, publish information on the progress of elections, and starting from 12:00 to 21:00 it shall publish, every 3 hours, information on the number of electors having participated in the voting as of the previous hour, by marzes, marz centres, communities having more than 10 000 electors and the city of Yerevan. After the information on the number of electors having participated in the voting is published, it shall be posted on the website of the Commission, by electoral precincts.

During the elections of the National Assembly, the Central Electoral Commission shall publish the data referred to in this part on the public audiovisual broadcaster and the public audio broadcaster live, from the seat of the Central Electoral Commission.

10. During the elections of the National Assembly, the Council of Elders of Yerevan, the Central Electoral Commission shall — no later than the day following the voting, starting at 00:00 — carry out tabulation of voting results by electoral precincts and service areas of constituency electoral commissions. The Central Electoral Commission shall finalise the tabulation of preliminary voting results and shall post them on the website of the Commission, with the possibility to download, no later than within one hour following the receipt of the latest information from the electoral precinct on the voting results, but no later than within 24 hours following the end of the voting. The Central Electoral Commission shall — no later than 36 hours after the end of voting —post the scanned extracts of the records of the voting results of electoral precincts on the website of the Commission, with the possibility to download.

During the elections of the National Assembly, the Council of Elders of Yerevan, the Central Electoral Commission shall — following the adoption of the decision based on election results, but no later than within one hour after the end of the session — post the final tabulation of voting results by electoral precincts and service areas of constituency electoral commissions on the website of the Commission with the possibility to download.

11. Proxies, observers, visitors, mass media representatives and — upon consent or assignment of the chairperson of the higher level commission — members of the higher level electoral commission and — upon written assignment of the Chairperson of the Central Electoral Commission— the representatives of the Central Electoral Commission, shall have the right, as prescribed by this Code, to be present at the sessions of electoral commissions, as well as in the voting room during the entire voting process. Proxies, observers, visitors, mass media representatives may photograph and videotape the sessions of electoral commissions (including the session for summarisation of the voting results), as well as the voting process without violating the right of electors to secrecy of voting.

11.1. During the elections of the National Assembly and of Councils of Elders of communities held through the proportional electoral system, the specialised organisation, selected upon the result of a competition held as prescribed by the Central Electoral Commission, shall carry out the video recording, from electoral precincts, of the voting process, of the process of summarisation of voting results and of sessions of the constituency electoral commissions, as well as a simultaneous webcast, in real time, via specially created website(s). Real time and the number of the polling station and — in case of the sessions of the constituency electoral commissions — the real time and the number of the constituency electoral commission must be visible on the video footage during the broadcast.

The video recording shall be carried out by means of fixed cameras. The ballot box, the processes of registration of electors and allocation of ballot envelopes and ballot papers and of summarisation of the voting results must be in the field of view of the cameras. Video recording and webcast shall be carried out in observance of the principle of secrecy of voting prescribed by this Code.

A specialised organisation selected in a prescribed manner shall also audio-video record and broadcast the sessions of summarisation and the recount of results of the constituency electoral commissions. Real time and the number of the constituency electoral commission must be visible on the video footage during the broadcast.

The Central Electoral Commission shall conclude a relevant contract with the specialised organisation, which stipulates also the procedure and conditions for video recording (audio-video recording), from electoral precincts, of the voting process, of the process of summarisation of voting results, of sessions and recount of constituency electoral commissions and those for simultaneous webcast, as prescribed by this part, as well as stipulates the list of precincts.

The possessor of the premises of a polling station, and electoral commissions shall be obliged to assist the specialised organisation in organising the process of video recording (audio-video recording) and webcasting; however, they shall not be responsible for organisation of the process and the quality thereof.

Materials video-recorded (audio-video recorded) at the electoral precinct and the constituency electoral commission by a specialised organisation shall remain accessible on the website specially created by the specialised organisation until the official publication of the results of elections. The contract concluded with the organisation may provide for a longer time period. Within the scope of protection of suffrage, carbon copies of video-recorded (audio-video recorded) materials may be provided, upon a written application, to electoral commissions, candidates, political parties (alliances of political parties) running in elections and organisations having carried out observation mission, on condition of paying the cost price of photocopying. The application may be submitted to the Central Electoral Commission until the expiry of the time limit prescribed for challenging the decision adopted based on the result of elections of the electoral commission, and in case the decision is challenged, until the adoption of a final court decision. The application must contain the name of the election and the number of the electoral precinct or the number of the constituency electoral commission respectively, from which the carbon copy of the video-recorded (audio-video recorded) materials is requested, and electronic medium complying with the requirements prescribed by the specialised organisation, must be submitted along with the application.

The video-recorded (audio-video recorded) materials shall be archived and maintained for a period of five years following the election. The procedure for exporting, handing over to the competent authority, and archiving the video-recorded (audio-video recorded) materials shall be established by the Central Electoral Commission.

12. Both the general number of electors registered in military units and the number of those registered by electoral precincts, the numbers and locations of the electoral precincts where electors included in lists of electors drawn up in military units vote, lists of electors being drawn up in military units shall not be subject to publication, extracts therefrom shall not be made.

13. (part repealed by HO-505-N of 5 December 2024)

(Article 8 supplemented by HO-158-N of 20 October 2016, amended by HO-333-N of 18 June 2020, HO-171-N of 1 April 2021, supplemented, amended, edited by HO-202-N of 7 May 2021, edited by HO-311-N of 14 July 2022, amended, supplemented, edited by HO-505-N of 5 December 2024)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-311-N of 14 July 2022 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 8.1

Website of the Central Electoral Commission

 

1. The website of the Central Electoral Commission shall be the following: www.elections.am. The website of the Central Electoral Commission (hereinafter also referred to as “the website of the Commission”) shall contain information on the activities of both the Central Electoral Commission and the constituency electoral commissions, including information on the timetable and agenda of sessions, live broadcast of sessions, audio-video recordings and decisions. The information shall be posted on the website of the Central Electoral Commission in open data and accessible format.

The website of the Commission shall also be used for publishing information on elections and list of electors, nominating and registering candidates, political parties (alliances of political parties), accrediting observers, mass media representatives, as well as registering members of precinct electoral commissions.

2. When registering on the website of the Commission, political parties (alliances of political parties), candidates nominated through the majoritarian electoral system, organisations, mass media shall obtain from the Central Electoral Commission user accounts through which they may carry out further registrations. User accounts shall operate only until the official publication of relevant election results.

3. (part repealed by HO-505-N of 5 December 2024)

4. Factions represented at the National Assembly, constituency electoral commissions shall register their candidates for membership of the precinct electoral commission and participants of professional courses through the website of the Commission. Citizens may also register for participation in the professional courses independently through the website of the Commission or on the basis of an application submitted in hard copy.

5. Data entered in the website of the Commission for accreditation or nomination shall be automatically compared with each other and with other data available on the website of the Commission, to exclude registration of a person with incompatible status.

6. The technical description of the website of the Commission, the procedure for its maintenance, the list of data subject to publication and the electronic templates applied shall be prescribed by the Central Electoral Commission.

(Article 8.1 supplemented by HO-202-N of 7 May 2021, HO-335-N of 10 September 2024, amended, supplemented by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

CHAPTER 2

 

LISTS OF ELECTORS

 

Article 9.

Maintaining the Register of Electors, drawing up the lists of electors

 

1. The Register of Electors of the Republic of Armenia shall be a permanently maintained document which is drawn up by marzes and communities. Citizens of the Republic of Armenia included in the State Population Register of the Republic of Armenia, registered in any community of the Republic of Armenia and having the right to elect shall be included in the Register of Electors of the Republic of Armenia.

Electors having no registration in the Republic of Armenia, as well as electors not holding citizenship but having the right to elect during elections of local self-government bodies shall not be included in the Register of Electors of the Republic of Armenia, which does not restrict their right to elect.

2. The Register of Electors of the Republic of Armenia shall be maintained, and the list of electors shall be drawn up by the authorised body. The authorised body shall be responsible for maintaining and drawing up the Register of Electors of the Republic of Armenia and the list of electors in accordance with the requirements of this Code.

3. Heads of penitentiary institutions and facilities for holding arrestees, as well as commanders of military units shall also draw up lists of electors in cases and as prescribed by this Code.

4. The authorised body shall, twice a year, in June and November (during the first week), electronically submit the Register of Electors of the Republic of Armenia, by communities to the Central Electoral Commission, for posting it with a searchable feature on the website of the Commission. The Register of Electors of the Republic of Armenia shall be a permanent and integral part of the website of the Central Electoral Commission. In case of regular elections of the National Assembly and elections of Council of Elders of the community held through the proportional electoral system, the authorised body shall electronically submit the Register of Electors, by electoral precincts, no later than 41 days and 7 days before the voting day, whereas in case of early elections of the National Assembly — 21 days and 7 days before the voting day, to the Central Electoral Commission, for posting it with a searchable feature on the website of the Commission.

5. Everyone shall have the right to submit an application to the authorised body on eliminating inaccuracies (including those not relating to the personality of the applicant) in the Register of Electors of the Republic of Armenia. The application must contain necessary substantiations, and evidence of the factual circumstances must be presented attached thereto. Within 30 days following the receipt of the application, the authorised body shall, in case there are grounds prescribed by the Law of the Republic of Armenia “On state register of population”, eliminate inaccuracies, informing the applicant thereon in writing.

(Article 9 amended, edited by HO-171-N of 1 April 2021, amended by HO-335-N of 10 September 2024, supplemented by HO-505-N of 5 December 2024)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 10.

Including electors in the list

 

1. The list of electors of a community shall be drawn up on the basis of the Register of Electors of the Republic of Armenia by electoral precincts, which shall include persons having the right to elect during the relevant election, who had possessed a valid identification document within 6 months prior to the voting day, pursuant to Article 2 of this Code.

2. In case of each election, an elector may be included only in one list of electors and only once.

3. In case of elections of the National Assembly, electors having registration of another community, or of another settlement of the same community, and, in case of elections of the Council of Elders of the community held through the proportional electoral system, the electors having registration of another settlement of the same community shall, no later than 12 days before the voting day, by 14:00, submit an application to the authorised body or to the head of its relevant subdivision (hereinafter in this Article jointly referred to as “the authorised body”) on temporary withdrawal from the list of electors by place of registration and on being added in the list of electors of the electoral precinct by place of location, indicating the address of their place of location on the voting day. The authorised body shall, within a 3-day period following the receipt of the application, temporarily remove the data of the elector from the list of electors by place of registration and add them in the list of electors of the electoral precinct by place of location and shall notify the applicant thereon. The number of the electoral precinct and the address of the polling station shall be indicated in the notification. The application may be submitted electronically or in hard copy. The electronic applications shall be secured with electronic digital signature. In case of submitting an application on behalf of another person, the applicant shall be obliged to submit a notary certified power of attorney.

3.1. During the elections, in case of impossibility to vote in their polling station the electors with mobility (locomotor) difficulties may — no later than 12 days before the voting day, by 14:00 — submit to the authorized body an application on temporary withdrawal from the list of electors by place of registration and inclusion in the list of electors of the accessible electoral precinct of their preferred place, by indicating the number of the electoral precinct accessible for persons with mobility (locomotor) difficulties. The authorized body shall — within a period of three days following the receipt of the application — temporarily remove the data of the elector from the list of electors by place of registration and add it in the list of electors of the accessible electoral precinct of the preferred place and shall notify the applicant thereon. The notification shall include the number of the accessible electoral precinct of the preferred place and the address of the polling station.

The application may be submitted electronically or in hard copy. In case of submitting an application on behalf of a person with mobility (locomotor) difficulties, the applicant shall be obliged to submit a notary certified power of attorney. The electronic applications of persons with disability-related mobility (locomotor) difficulties can be secured with the method of signature acceptable to the applicant, and the electronic applications of other persons with mobility (locomotor) difficulties shall be secured with the electronic digital signature. A document certifying the disability of the person or the carbon copy thereof shall also be submitted attached to the electronic applications not secured with electronic digital signature of persons with disability-related mobility (locomotor) difficulties.

The list of electoral precincts accessible for electors with mobility (locomotor) difficulties shall be published by the Central Electoral Commission not later than 40 days prior the voting, in case of early elections of the National Assembly — 20 days prior the voting.

4. During the elections of the National Assembly, as well as during the elections of the Council of Elders of the community held through the proportional electoral system, members of precinct electoral commissions who have the right to elect in the given community and specialists who provide maintenance of technical equipment may be included in the list of electors of the electoral precinct by place of location where they are appointed as members of a precinct electoral commission or specialists who provide maintenance of technical equipment, by being temporarily removed from the list of electors by place of registration. Members of precinct electoral commissions and specialists who provide maintenance of technical equipment may — no later than 12 days before the voting day, by 14:00 — submit to the authorised body an application on temporary withdrawal from the list of electors by place of registration and on inclusion in the list of electors of the electoral precinct by place of location by indicating the number of the electoral precinct, where the members of a precinct electoral commission or specialists who provide maintenance of technical equipment are appointed. The application for including members of precinct electoral commissions in the list of electors of the electoral precinct by place of location may also be submitted to the authorised body by the political party having appointed them, or by the chairperson of the constituency electoral commission, and, in case of specialists who provide maintenance of technical equipment, by the chairperson of the constituency electoral commission on the basis of the application of the member of the precinct electoral commission, the specialist who provides maintenance of technical equipment respectively, which must be submitted at least 14 days before the voting day. Another persons may also submit an application on behalf of the members of precinct electoral commissions and specialists who provide maintenance of technical equipment, by submitting a notary certified power of attorney. Applications mentioned in this part may be submitted electronically or in hard copy. Electronic applications shall be secured with electronic digital signature.

The authorised body shall, within a 3-day period following the receipt of the application, temporarily remove the data of the elector from the list of electors by place of registration and add them in the list of electors of the electoral precinct by place of location and shall notify the applicant thereon. The notification shall include the number of the electoral precinct of the place of location and the address of the polling station.

5. For the purpose of participating in the voting, during the elections of the National Assembly, electors having no registration in the Republic of Armenia shall, no later than 12 days before the voting day, by 14:00, submit an application to the authorised body on being temporarily included in the list of electors, indicating the address of their place of location in the Republic of Armenia on the voting day. The authorised body shall, within a 3-day period following the receipt of the application, include the elector in the list of electors of the electoral precinct of his or her place of location in the Republic of Armenia on the voting day and shall notify the applicant thereon. The notification shall include the number of the electoral precinct of the place of location and the address of the polling station. The application may be submitted electronically or in hard copy. Electronic applications shall be secured with electronic digital signature. In case of submitting an application on behalf of an elector having no registration in the Republic of Armenia, the applicant shall be obliged to submit a notary certified power of attorney.

5.1. In cases provided for by parts 3, 3.1, 4 and 5 of this Article, the forms of and procedure for notification on withdrawal from the list of electors by place of registration and addition in the list of electors of the electoral precinct by place of location or of preferred place, inclusion in the list of electors of the electoral precinct by place of location, as well as the form of applications on temporary withdrawal from the list of electors by place of registration, on being temporarily added in the list of electors and the procedure for submitting the applications electronically shall be established by the Central Electoral Commission.

In cases provided for by parts 3, 3.1, 4 and 5 of this Article, in case of rejecting the applications on withdrawal from the list of electors by place of registration and addition in the list of electors of the electoral precinct by place of location or of preferred place, inclusion in the list of electors of the electoral precinct by place of location, the authorised body shall inform about the rejection of the relevant application by notification within a 3-day period.

6. During the elections of the National Assembly, the Police of the Republic of Armenia (hereinafter referred to as “the Police”) shall — no later than 12 days before the voting day, by 14:00 — draw up a list of police officers seconded to electoral precincts on the voting day, indicating the surname, name, patronymic, year, month and day of birth (hereinafter referred to as “the date”), the address of the place of registration of police officers and the number of the electoral precinct. Based on these lists, the authorised body shall temporarily remove police officers from the list of electors of their place of registration and include them in the list of electors of the precincts they are seconded to.

7. During the elections of the National Assembly, the head of the medical institution providing inpatient care shall — no later than 12 days before the voting day, by 14:00 — submit to the authorised body the list of electors undergoing inpatient treatment and having no possibility to be present on the voting day in the polling station on their own but willing to participate in the voting in the medical institution providing inpatient care, indicating the surname, name, patronymic, the date of birth and the address of the place of registration of the elector.

The authorised body shall, based on the submitted lists, temporarily remove the electors undergoing inpatient treatment from the list of electors of their place of registration and — in accordance with the requirements for the lists of electors as prescribed by Article 11 of this Code — draw up a supplementary list of electors participating in the voting in a medical institution providing inpatient care.

8. During the elections of the National Assembly, compulsory fixed-term military servicepersons, as well as contract military servicepersons registered within the territory where the military units are located, members of their families, registered together with them within the same territory, who have the right to elect shall be included in the list of electors of the military unit.

9. The Ministry of Defence, the National Security Service and the Police shall — in case of regular elections of the National Assembly, no later than 50 days, 15 days and 9 days before the voting day, whereas in case of early elections of the National Assembly, no later than 30 days, 15 days and 9 days before the voting day — submit to the authorised body and the Central Electoral Commission the number of electors registered in military units, troops of the National Security and the Police respectively, as prescribed by the Central Electoral Commission.

10. Contract military servicepersons registered outside the territory of a military unit shall be included in the list of electors under the general procedure.

11. The head of the penitentiary institution shall — no later than 15 days and 5 days before the voting day — submit to the Central Electoral Commission the number of electors registered in the penitentiary institution, as prescribed by the Central Electoral Commission.

The list of electors registered in the penitentiary institution shall — 3 days before the voting day — be drawn up by the head of the penitentiary institution.

(Article 10 amended by HO-171-N of 1 April 2021, supplemented, amended, edited by HO-202-N of 7 May 2021, amended by HO-493-N of 16 December 2022, edited, supplemented, amended by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 11.

Requirements for lists of electors

 

1. Lists of electors shall be drawn up by the addresses of places of registration of electors. During the elections of the National Assembly, lists of electors by place of location, electors included in the accessible electoral precinct of the preferred place, electors having no registration, police officers seconded to electoral precincts shall also be included in the list of electors of the precinct, under separate sections by continuing the numbering. During the elections of the Council of Elders of the community in which elections are held through the proportional electoral system, lists of electors by place of location and electors included in the accessible electoral precinct of the preferred place shall also be included in the list of electors of the precinct, under separate sections by continuing the numbering, whereas during elections of the head of community held through the majoritarian electoral system the list of electors included in the accessible electoral precinct of the preferred place shall also be included in the list of electors of the precinct, under a separate section by continuing the numbering.

2. The list of electors, being posted in the polling station, shall include name of the marz (Yerevan), the serial number of the electoral precinct, the name of the community (the administrative district), and in separate columns the following data of the elector:

(1) the entry number in the list of electors of the given electoral precinct;

(2) the surname, name, patronymic (the patronymic, if available in the relevant registration documents);

(3) the date of birth;

(4) the address of the place of registration, and in case of electors having no registration in the Republic of Armenia, the address of the place of location in the Republic of Armenia on the voting day.

3. The numbering referred to in point 1 of part 2 of this Article in the lists of electors, being used by precinct electoral commissions, shall be carried out by electoral precincts; the number of the electoral precinct shall also appear on each sheet of the lists of electors.

In the lists of electors referred to in this part, 4 additional columns shall be provided for:

(1) the data of the personal identification document of the elector;

(2) the elector’s signature;

(3) the individual seal of the member of the commission responsible for the registration of electors;

(4) additional notes. Additional notes in the list of electors shall be made in cases and as prescribed by the Central Electoral Commission.

4. The lists of electors shall be drawn up in the form of a register and paginated for up to 1 100 electors, so that each register of the lists of electors allocated to an electoral precinct having more than 1 100 electors includes data of approximately equal number of electors. Each page of the list of electors may contain data on maximum 20 electors.

5. The list of electors and the supplementary list of electors being drawn up by the authorised body in cases prescribed by this Code shall be drawn up, paginated, and each page of the list shall be signed and sealed by the authorised body.

6. The lists of electors shall be drawn up by the authorised body in an electronic format as well, through special software. The electronic lists shall — in the format and the manner prescribed by the Central Electoral Commission — be downloaded beforehand in the technical equipment carrying out registration of electors (hereinafter referred to as “the technical equipment”), being provided to the relevant precinct electoral commission and shall contain:

(1) the surname, name, patronymic (patronymic, if available in the relevant registration documents) of the elector;

(2) the number of the electoral precinct in the list of which the elector is included;

(3) the entry number of the elector in the list of electors of the relevant electoral precinct;

(4) the date of birth of the elector;

(5) the address of the place of registration of the elector, and in case of electors having no registration in the Republic of Armenia, the address of the place of location in the Republic of Armenia on the voting day;

(6) the number of the identification card, biometric passport and non-biometric passport of the elector (where the elector has the relevant personal identification documents). During the elections of local self-government bodies, the number of personal identification document — referred to in part 1 of Article 66 of this Code — of the elector not holding citizenship;

(7) for electors of the given area, also the photograph available in the digital database (where the elector has obtained an identification card or a biometric passport, or where a non-biometric passport has been obtained after 1 January 2008).

7. The lists of electors, being drawn up in a military unit, penitentiary institution and facility for holding arrested persons shall be drawn up, paginated, and each page of the lists shall be signed and sealed by the commander of the military unit, the head of the penitentiary institution and the head of the facility for holding arrested persons, respectively. The lists of electors referred to in this part shall not be drawn up electronically and shall not be downloaded in the technical equipment being provided to the precinct electoral commissions.

8. Supplementary lists of electors undergoing inpatient treatment shall not be drawn up in an electronic format and shall not be downloaded in the technical equipment being provided to precinct electoral commissions.

(Article 11 amended by HO-171-N of 1 April 2021, by HO-202-N of 7 May 2021, supplemented, amended by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 12.

Providing lists of electors to electoral commissions and to the possessor of the premises of a polling station

 

1. The authorised body shall, no later than 40 days before the voting day, whereas in case of early elections of the National Assembly — 20 days before the voting day, provide the possessor of the premises of the polling station with the list of electors — containing on the last page a statement of information on the time limits and place of submitting applications on inaccuracies in the lists of electors, on the procedure and time limits for the consideration thereof — for the purpose of posting it at the polling station. The form of the statement of information shall be established by the Central Electoral Commission.

2. During the elections of the National Assembly, the authorized body shall — within a 5-day period after the entry into force of the decree on calling elections — provide the Central Electoral Commission with a statement of information on the number of electors by marzes and administrative districts of the city of Yerevan.

In case of elections of local self-government bodies, the authorised body shall — within a 5-day period after election is called — provide the Central Electoral Commission with a statement of information on the number of electors by communities and in case of elections of the Council of Elders of Yerevan — by administrative districts of the city of Yerevan.

The authorized body shall, within a 2-day period after forming electoral precincts, as well as 15 days and 8 days prior to the voting day, provide the Central Electoral Commission with a statement of information on the number of electors by marzes (by administrative districts of the city of Yerevan) in case of elections of the National Assembly, and in case of elections of the Council of Elders of Yerevan — by administrative districts of the city of Yerevan and by electoral precincts.

During the elections of local self-government bodies (except for the Council of Elders of Yerevan) the authorized body shall, within a 2-day period after forming electoral precincts, as well as 15 days and 8 days prior to the voting day, provide the Central Electoral Commission and the constituency electoral commission with a statement of information on the number of electors by communities and by electoral precincts.

The authorized body shall provide the Central Electoral Commission with the lists of electors drawn electronically and prescribed by part 6 of Article 11 of this Code no later than 8 days prior to the voting day.

The authorized body shall submit the statements of information mentioned in this part electronically. The mentioned statements of information shall be published on the website of the Central Electoral Commission.

3. The authorised body shall — 3 days before the voting day — provide the chairpersons of precinct electoral commissions with the lists of electors by electoral precincts, drawn up in the form of a register (including the supplementary list of electors undergoing inpatient treatment), posted at polling stations and used by the precinct electoral commission, and with the addresses of the residential buildings (houses) included in the electoral precinct, as well as with the forms necessary for drawing up supplementary lists of electors in the electoral precinct on the voting day, as prescribed by Article 15 of this Code.

4. The lists of electors registered in a military unit shall be provided by the commander of the military unit to the chairperson of the constituency electoral commission 3 days before the voting day, in a closed and sealed envelope which shall be opened only on the voting day by the precinct electoral commission at the moment when electors included in the list of the military unit visit the electoral precinct.

5. The head of the penitentiary institution shall — 2 days before the voting day — hand over the list of electors to the chairperson of the precinct electoral commission.

6. On the voting day, the head of the facility for holding arrested persons shall draw up and hand over the list of electors to the member of the precinct electoral commission organising voting through a mobile ballot box at the facility for holding arrested persons.

(Article 12 amended by HO-333-N of 18 June 2020, supplemented, amended by HO-171-N of 1 April 2021, edited, amended by HO-202-N of 7 May 2021, supplemented, edited by HO-505-N of 5 December 2024)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 13.

Accessibility of lists of electors

 

1. The list of electors of the Republic of Armenia, except for the cases provided for by this Code, shall be open to the public.

The lists of electors having participated in the voting, except for the signed lists of electors, being drawn up in a military unit, penitentiary institution and facilities for holding arrested persons, shall be published as prescribed by this Code.

2 The initial list of electors by electoral precincts shall be posted 40 days before the voting day, in case of early elections of the National Assembly — 20 days before the voting day, whereas the final list of electors, by electoral precincts — 7 days before the voting day on the websites of the Central Electoral Commission and the Ministry of Internal Affairs of the Republic of Armenia, with a download feature. The initial and final lists of electors shall — with a search feature — contain information on the name, surname, patronymic (patronymic — where available in the relevant document certifying the identity), day, month, year of birth, address of registration of the elector, day and time of voting, number of the electoral precinct of the elector and the address of the polling station.

3. The possessor of the premises of the polling station shall — 40 days before the voting day, whereas in case of early elections of the National Assembly —

20 days before the voting day — post the list of electors in the polling station, in a place visible to all.

4. The chairperson of a precinct electoral commission shall — 2 days before the voting day — post a carbon copy of the list of electors, including the supplementary list of persons undergoing inpatient treatment, at the polling station, in a place visible to all. These lists shall remain posted in the polling station until the 7th day following the voting.

5. Lists of electors registered in a military unit shall — 10 days before the voting day — be posted at a military unit in a place visible to military servicepersons.

6. (Part repealed by HO-202-N of 7 May 2021)

7. During the elections of the National Assembly, signed lists of electors having participated in voting shall be published on the website of the Commission in the manner and within the time limit prescribed by Article 73 of this Code, which shall be maintained until the expiry of the time limit prescribed by this Code for summarisation of the voting results, whereas in case the decision of the Central Electoral Commission is challenged through judicial procedure — until the entry into force of the judicial act. Upon the expiry of the mentioned time limits, the lists signed by the electors or the extracts thereof may be provided within the framework of the criminal proceedings exclusively related to the electoral processes. The electronic version of the signed lists of electors shall be kept within the Central Electronic Commission for a period of five years after the voting. Signed lists of electors having participated in voting shall be deposited in the State Archive of the Republic of Armenia for maintenance in the manner prescribed.

(Article 13 edited by HO-158-N of 20 October 2016, amended by HO-333-N of 18 June 2020, edited, supplemented by HO-171-N of 1 April 2021, amended by HO-202-N of 7 May 2021, edited by HO-335-N of 10 September 2024, edited, supplemented by HO-505-N of 5 December 2024)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 14.

Procedure for submitting applications for elimination of inaccuracies in the lists of electors, considering the applications and eliminating inaccuracies in the lists of electors

 

1. Everyone shall have the right to submit, including electronically, — no later than 12 days before the voting day — an application to the authorised body for elimination of inaccuracies in the lists of electors, including such inaccuracies not relating to the personality of the applicant. The applications submitted electronically shall be secured by electronic signatures. Within 5 days following the receipt of the application, but no later than 9 days prior to the voting day, the authorized body shall, in case of existence of grounds prescribed by this Code, eliminate inaccuracies in the list of electors, informing the applicant thereon in writing.

2. During 5 days preceding the voting day, as well as on the voting day until the end of the voting, the following persons shall have the right to submit an application to the authorised body to include them in the supplementary list of electors being drawn up on the voting day:

(1) persons registered at the address included in the description of the relevant electoral precinct, but who have been left out of the list of electors of that electoral precinct;

(2) persons having submitted to the authorised body, in the manner and within the time limits prescribed by this Code, an application on being temporarily included in the list of the relevant electoral precinct, where the application has not been rejected, however they have not been included in the relevant list;

(3) persons registered at the address included in the description of the relevant electoral precinct, but who have not been included in the list of electors of that electoral precinct on the ground of not having a valid identification document during 6 months preceding the voting day.

Decisions concerning applications to be included in the lists of electors shall be delivered within such time limits which enable the elector to participate in the voting. In case of delivering a decision on including in the supplementary list of electors being drawn up on the voting day, the authorised body shall provide a statement of information.

The form of the statement of information of the authorised body on being included in the supplementary list of electors, being drawn up on the voting day and to be submitted to the precinct electoral commission, shall be established by the Central Electoral Commission. Additions to the list of electors — based on the statement of information of the authorised body on being included in the supplementary list of electors, being drawn up on the voting day — shall be made by the precinct electoral commission on the voting day, through drawing up a supplementary list as prescribed by Article 15 of this Code.

3. Disputes on eliminating inaccuracies in the lists of electors and making an addition to the list shall be settled by superior authorities or through judicial procedure, as prescribed by the Law of the Republic of Armenia “On fundamentals of administrative action and administrative proceedings” or the Administrative Procedure Code of the Republic of Armenia. The superior authorised body or the court shall deliver the act on eliminating inaccuracies in the lists of electors in the course of 3 days after the receipt of the complaint (application), whereas on the voting day and within 3 days preceding it — within the time limits enabling the elector to participate in the voting. In case the complaint (application) is satisfied on the voting day and within 3 days preceding it, the superior authorised body shall provide the applicant with a statement of information on being included in the supplementary list of electors, being drawn up on the voting day. The act on eliminating inaccuracies in the lists of electors shall be executed by the authorised body. On the voting day, based on the act on being included in the list of electors, the data of the elector shall, as prescribed by Article 15 of this Code, be included by the precinct electoral commission in the supplementary list of electors, being drawn up on the voting day.

The courts shall send the carbon copy of the civil act on including electors in the list of electors to the authorised body for making relevant changes to the Register of Electors as well.

4. Electoral commissions shall not have the right to make, on their own initiative, any change — whether a correction or an addition — to the lists of electors (including to the supplementary lists).

(Article 14 edited by HO-119-N of 30 June 2016, supplemented, edited by HO-202-N of 7 May 2021, amended by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 15.

Supplementary list of electors, being drawn up on the voting day

 

1. On the voting day, the precinct electoral commission shall draw up a supplementary list of electors, as prescribed by this Code.

2. The supplementary list of electors shall be drawn up where electors who are not included in the lists of electors (including in the supplementary list of persons undergoing inpatient treatment) show up at the electoral precinct on the voting day and submit a statement of information or a civil act of a court on being included in a supplementary list of electors, being drawn up on the voting day as provided for by part 2 or 3 of Article 14 of this Code.

3. Documents serving as a basis for including an elector in a supplementary list of electors shall be attached to the supplementary list.

4. Supplementary lists of electors shall be drawn up in compliance with the requirements for the lists of electors, being provided for the voting to precinct electoral commissions, by adding one column for indicating the number and date of the judicial act or the statement of information of the authorised body.

5. Each page of the supplementary list of electors drawn up by a precinct electoral commission shall be signed and sealed by the chairperson of the precinct electoral commission. After the end of the voting, the chairperson of the commission shall indicate at the end of the list the total number of electors included in the supplementary list of electors, being drawn up on the voting day.

 

CHAPTER 3

 

ELECTORAL PRECINCTS AND POLLING STATIONS

Article 16.

Electoral precincts

 

1. The authorised body shall — no later than 45 days before the voting day — with the participation of the head of community and member of constituency electoral commission, form electoral precincts, taking into account local and other conditions, with the purpose of creating more favourable conditions for the organisation of voting.

2. Electoral precincts shall be formed by serial numbering. The procedure for numbering the electoral precincts shall be established by the Central Electoral Commission.

3. Upon the formation, an electoral precinct must not have more than 2200 electors. The number prescribed by this part may be changed in case of correcting the lists of electors and in cases provided for by Article 10 of this Code, as well as upon the decision of the Central Electoral Commission upon the relevant recommendation of the constituency electoral commission, where the change of the maximum number of electors of the electoral precinct is necessary for the purpose of selection of the polling station and the voting room meeting the requirements prescribed for by this Code.

4. An electoral precinct may not include different settlements.

(Article 16 amended by HO-202-N of 7 May 2021, amended, supplemented by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 17.

Polling station, voting room

 

1. The voting shall be held at a polling station, in a hall, a parlour, a room and other premises equipped for such purpose (hereinafter referred to as “the voting room”).

2. A polling station must be as close as possible to the residential buildings and houses located in the electoral precinct. The polling station must be selected in a way as to possibly ensure unhindered entry to, exit from and movement within the polling station of persons with disabilities, as well as those with mobility (locomotor) difficulties and those having vision problems. The voting room in a polling station shall be selected in such a way as to ensure smooth voting process and smooth operation of the Commission. The head of community shall be responsible for designating the location of a polling station and the voting room, as well as for furnishing the voting room in accordance with the requirements prescribed by Article 57 of this Code. This function shall be the own power for the head of community.

Where in an electoral precinct there are no relevant buildings and structures or other premises belonging to the state or local self-government bodies that may be used gratuitously, the head of community, for the purpose of locating the polling station, shall, by consent of the marzpet, rent appropriate premises. This function shall be a delegated power for the head of community.

3. A polling station may not be located within the premises occupied by military educational institutions, military units and health care institutions. In case of necessity to locate more than one polling station in the same building, priority shall be given to buildings, where the polling stations have separate entrances.

4. During the elections of the National Assembly, polling stations shall be formed in penitentiary institutions as well.

5. For ensuring access to the exercise of the right of suffrage by electors with disabilities, as well as those with mobility (locomotor) difficulties and problem with vision, local self-government bodies shall undertake necessary measures at polling stations.

6. Additional requirements for ensuring accessibility, lighting of the polling station and the voting room and smooth operation of the Commission shall be established by the Central Electoral Commission.

(Article 17 amended, supplemented by HO-202-N of 7 May 2021, edited, amended by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 18.

Designating a polling station

 

1. The head of community (also the head of the penitentiary institution in cases provided for by this Code) shall designate a polling station no later than 43 days before the voting day. The head of community shall inform the authorised body, and the possessor of the premises of the polling station thereon, and the head of the penitentiary institution shall inform the constituency electoral commission.

2. In case of impossibility to organise the voting properly or to hold it at a polling station, the head of community shall be obliged to change — no later than 5 days before the voting day, upon the request of the chairperson of the constituency electoral commission — the location of the polling station or the furnishing of the voting room, and, in exceptional cases, also the voting day, upon the consent of the chairperson of the constituency electoral commission.

2.1. The head of community draws and submits to the approval of constituency electoral commission the list of polling stations, indicating the locations of the polling stations, as well as the descriptions of polling stations and voting rooms. The constituency electoral commission shall check whether the polling station and the voting room meet the requirements prescribed in this Code and by the Central Electoral Commission. If the polling station or the voting room do not meet the requirements prescribed in this Code or by the Central Electoral Commission, the head of community shall, within a 5-day period, but no later than 2 days before the voting, make relevant adjustments upon the request of the constituency electoral commission and inform the constituency electoral commission thereon.

3. In case the location of a polling station is changed, the head of community shall immediately inform the electors thereon.

4. (part repealed by HO-335-N of 10 September 2024)

(Article 18 supplemented, amended by HO-202-N of 7 May 2021, amended by HO-335-N of 10 September 2024, HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

CHAPTER 4

 

ELECTION CAMPAIGNING

Article 19.

Main principles of election campaigning

 

1. Period of the election campaigning shall be the period prescribed by this Code, during which the rules prescribed by this Code on making use of public resources, conducting campaigning and ensuring financial transparency are in place for the purpose of ensuring equal opportunities for the political parties and candidates running in elections.

The fact that the period for election campaigning has been prescribed shall not restrict the conduct of campaigning during other periods not prohibited by this Code.

The period of election campaigning shall start on the 5th day following the last day of the time period prescribed by this Code for the registration of the electoral lists of political parties running in elections and of the candidates and shall expire one day before the voting day. The campaigning during that period shall be hereinafter referred to as “the election campaigning”.

In case of a second round of elections of the National Assembly the election campaigning shall start on the 8th day after adoption of a decision on holding a second round of election.

Campaigning — on the voting day and the day preceding it — through public speeches, public events, mass media, including by audiovisual media service providers via cable network, satellite communication and terrestrial on-air broadcasting, as well as advertising through the Internet, shall be prohibited.

1.1 Within the meaning of this Code, election campaigning shall be deemed to be any action aimed at persuading electors to vote or not to vote in favour of a certain candidate or political party (alliance of the political parties).

1.2. During the period of election campaigning, concerts, performances, sports events, screening of films and other events may be financed by a political party (alliance of political parties) or candidate only at the expense of the election fund.

1.3. Political advertising is a form of election campaigning aimed at persuading electors to vote or not to vote in favour of a certain candidate or political party (alliance of political parties). Political advertising shall include symbols or other identification signs characterising political parties (alliances of political parties) or candidates running in elections. Audiovisual announcements that concerts or other public events are held with the support of a political party (alliance of political parties) or a candidate or include mentioning of the fact of participation of the candidate in those pubic events, shall be deemed as political advertising.

1.4. During the period of election campaigning, official communication on exercising the powers of candidates running in elections shall not be deemed to be election campaigning. Such communications must not contain comments of campaigning nature or present audiovisual clips, films or pictures illustrating the activity of the given official as a candidate that could be associated with election campaigning.

2. The State shall ensure the conduct of a free election campaigning. It shall be ensured by state and local self-government bodies by providing them with halls and other premises for the purpose of organising election gatherings, meetings of electors with candidates and other events related to elections. These shall be provided to political parties (alliances of political parties) running in elections of the National Assembly, the Councils of Elders of communities in which elections are held through the proportional electoral system, on equal grounds and free of charge, as prescribed by the Central Electoral Commission. Halls of general educational institutions may be provided to candidates and political parties running in elections only after 18:00, or on non-working days, and only in cases where there are no other relevant halls in the given settlement (administrative district of the city of Yerevan) for conducting election campaigning.

3. No later than 70 days prior the voting day of the regular elections of the National Assembly, and, in case of early elections, no later than 25 days prior the voting day, no later than 40 days after the voting day of elections of the Councils of Elders of communities in which elections are held through the proportional electoral system, the marzpet and, in case of Yerevan, the Mayor of Yerevan shall submit to the Central Electoral Commission the list of halls and other structures that are provided free of charge to political parties running in elections. This list shall be posted on the website of the Central Electoral Commission. Information shall be submitted in accordance with the procedure prescribed by the Central Electoral Commission.

4. After calling the election, election campaign offices may be formed. Election campaign offices may not be located in the buildings occupied by state and local self-government bodies (except for cases when election campaign offices occupy a territory not belonging to those bodies), buildings of general educational institutions, as well as in the buildings where electoral commissions operate. Signboards placed on election campaign offices shall not be considered as printed campaign materials within the meaning of this Code where they do not contain a direct call to vote for or against a candidate, a political party running in elections, the number of such signboards does not exceed the number of electoral precincts formed for elections, and where the surface area of each signboard does not exceed 6 square metres.

5. (Part repealed by HO-318-N of 4 May 2018)

6. During the election campaigning, as well as on the day preceding the voting day and on the voting day, candidates, political parties running in elections shall be prohibited to provide (promise) — in person or through someone else on their behalf, or in any other manner, gratuitously or on preferential conditions — money, food, securities, goods to electors or to render (promise) services to them. Charitable organisations, the names of which may resemble (be associated with) the names of political parties and candidates running in elections, may not carry out charity during the election campaigning in the communities where elections are held in which these candidates, political parties or candidates nominated thereby are running.

6.1. The organisations, the names whereof may be associated with the names of political parties running in elections or which are managed by political parties, cannot engage in charity in the communities where elections are held within the period from the entry into force of the decision on calling elections or a referendum until summarisation of the results of the elections or referendum. Within the meaning of this Article, an organisation shall be deemed to be managed by a political party, where members of the governing body of the organisation fully or partially match with the members of the permanently functioning governing body of the political party. The prohibition prescribed by this Article shall also apply to organisations, the founder (founders) or head whereof has been nominated as a candidate in the elections.

7. Electoral commissions shall exercise control over the observance of the procedure for election campaigning prescribed by this Code or legal acts adopted based on this Code. In case of violation of this procedure by candidates, political parties running in elections, the electoral commission having registered the candidate and the electoral list of the political party running in elections shall apply to the competent authorities in order to prevent them, or shall impose a warning on the candidate, political party running in elections, which has committed the violation, by giving a reasonable time limit for eliminating the violation, which may not exceed 3 days. The candidate, the political party running in elections shall be obliged to eliminate the violation (consequences of the violation) within the time limit indicated in the decision and inform the electoral commission thereon in writing.

8. Where there is such a violation of the prescribed procedure for the election campaigning, which is of a continuous nature, and the committed violation may essentially affect the election results, or it is impossible to eliminate the consequences of the violation committed, and the committed violation may essentially affect the election results, the electoral commission having registered the candidate, the electoral list of the political party running in elections shall apply to court for revoking the registration of the candidate and the electoral list of the political party running in elections. The court may revoke the registration of the candidate, the electoral list of the political party running in elections, where it concludes that the violation has been committed or directed by the candidate or the political party running in elections.

9. Arrested candidates or candidates in detention and candidates included in the electoral list of a political party running in elections shall conduct election campaigning through proxies designated to act in electoral processes. To that end, arrested candidates or candidates in detention shall have the right to have meetings with up to 3 proxies for up to 2 hours a day at the facilities for holding arrestees or detainees, respectively, during the election campaigning.

(Article 19 amended by HO-318-N of 4 May 2018, HO-333-N of 18 June 2020, amended, supplemented, edited by HO-202-N of 7 May 2021, amended, edited by HO-505-N of 5 December 2024)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 20.

Election campaigning through the mass media

 

1. Political parties (alliances of political parties) running in elections of the National Assembly, the Council of Elders of Yerevan and the Councils of Elders of marz centres shall, to the extent prescribed by this Code, have the right to use the airtime (including by live broadcasting) of the audiovisual media service providers on equal conditions, free of charge and for a fee.

2. The procedure and schedule for providing political parties (alliances of political parties) running in elections of the National Assembly, the Council of Elders of Yerevan and the Councils of Elders of marz centres free and paid airtime of audiovisual programmes of the public broadcasters shall be prescribed by the Central Electoral Commission on the next day following the expiry of the time limit prescribed for registration of the electoral lists of political parties running in elections.

3. During elections, the public broadcasters shall ensure non-discriminatory conditions for candidates, political parties (alliances of political parties) running in elections.

News programmes of public broadcasters shall provide impartial and non-judgemental information on election campaigning of candidates, political parties (alliances of political parties) running in elections. Publications not related to the election campaigning of political parties (alliances of political parties) and candidates running in elections must be neutral to the maximum extent possible.

Failure to conduct election campaigning by a candidate, political parties (alliances of political parties) running in elections shall not serve as a ground for the mass media for not publishing information on the given candidate, political party running in elections.

Upon revoking or declaring as invalid the registration, contracts concluded with candidates, political parties running in elections by audiovisual media service providers for providing airtime for election campaigning purposes shall be considered revoked, and the provision of airtime for election campaigning purposes shall be terminated.

4. During the elections of the National Assembly, Council of Elders of Yerevan and the Council of Elders of communities including a marz centre, the public audiovisual and public audio broadcasters shall be obliged to broadcast programmes or releases on election programmes of political parties (alliances of political parties) running in elections, ensuring impartiality, balance, non-judgemental information and equal conditions.

During the elections of the National Assembly, Council of Elders of Yerevan and the Council of Elders of communities including a marz centre, the Public Television Company of Armenia shall organise election debates during the period of the election campaigning, ensuring equal conditions of participation for all political parties (alliances of political parties). The topics, format and rules of election debates shall be determined by the Public Television Company of Armenia. Election debates shall be broadcast by live broadcasting.

In case of elections of the National Assembly, the number of election debates must not be less than three, each lasting at least 90 minutes, and at least at one of the debates only the lead candidates in the electoral lists of political parties (alliances of political parties) must be invited. Each political party (alliance of political parties) running in elections of the National Assembly must have an opportunity to participate in equal number of election debates.

During the elections of the Council of Elders of communities including a marz centre, the Public Television Company of Armenia shall organise at least one election debate, and during the elections of Council of Elders of Yerevan — at least two election debates, for participation whereof equal conditions shall be provided for all political parties (alliances of parties) running in elections. Duration of the election debate must not be less than 90 minutes.

The public audiovisual and public audio broadcasters shall broadcast — with a reasonable frequency — social advertisements submitted by the Central Election Commission.

5. No later than five days after the decree of the President of the Republic of Armenia on calling elections of the National Assembly enters into force and, during elections of the Council of Elders of Yerevan and the Councils of Elders of communities including a marz centre, no later than five days prior to the beginning of calculation of the time limit prescribed by this Code for registration of electoral lists of political parties (alliance of political parties) running in elections, the Commission on Television and Radio shall publish per minute price for the paid airtime of public audiovisual broadcaster and public audio broadcaster, which may not exceed 50 per cent of the average cost of the commercial advertisement for the last six months preceding the calling of elections and may not be changed until the end of the election campaigning.

6. Provisions prescribed by part 3 of this Article shall also equally extend to other audiovisual media service providers carrying out television and radio broadcasting on private basis, including broadcasting via cable network, satellite connection and terrestrial on-air broadcasting, which provide airtime to candidates, political parties (alliances of political parties) running in elections for conducting election campaigning, irrespective of the form of ownership, as well as to all other broadcasters founded in the Republic of Armenia and having a license of usage of public multiplex slot.

Audiovisual media service providers conducting broadcasting on private basis and providing airtime to candidates, political parties (alliances of political parties) running in elections for the purpose of election campaigning shall, no later than 5 days after the decree of the President of the Republic of Armenia on calling elections of the National Assembly enters into force, and, during the elections of local self-government bodies, no later than 5 days prior to the beginning of calculation of the time limit prescribed by this Code for nomination of candidates, registration of electoral lists of political parties (alliance of political parties) running in elections, publish per minute price of their paid airtime, which may not exceed the average cost of the commercial advertisement for the last 6 months preceding the calling of elections and may not be changed until the end of election campaigning.

7. It shall be prohibited to interrupt audiovisual programmes on election campaigning by commercial advertisement.

8. (part repealed by HO-505-N of 5 December 2024)

9. When carrying out broadcasting the audiovisual programmes related to election campaigning shall be audio- and video-taped. They shall be kept at least until the day the elected body assumes its powers, but for no less than three months.

10. Supervision over the observance of the established procedure for election campaigning by audiovisual media service providers broadcasting audiovisual and audio programmes shall be exercised by the National Commission on Television and Radio.

11. During the election campaigning for the elections of the National Assembly, the Council of Elders of Yerevan and the Council of Elders of communities including a marz centre, the National Commission on Television and Radio shall conduct monitoring for assessment of provision by audiovisual media service providers of equal conditions for political parties (alliances of political parties) running in elections. To this end, the National Commission on Television and Radio shall develop and, no later than 7 days after the decree of the President of the Republic on calling elections during the regular election of the National Assembly enters into force, in case of early elections of the National Assembly — no later than 2 days after the decree of the President of the Republic enters into force, and during elections of the Council of Elders of communities in which elections are held through the proportional electoral system — no later than 5 days prior to the time limit prescribed for by this Code for registration of political parties (alliance of political parties) running in elections, publish and submit to the Central Electoral Commission a methodology for assessing the provision of equal conditions for political parties (alliance of political parties) running in elections by audiovisual media service providers in the period of the election campaigning.

12. During the elections of the National Assembly, Council of Elders of Yerevan and the Council of Elders of communities including a marz centre, the National Commission on Television and Radio shall — on the 10th day after the election campaigning has commenced, during regular elections of the National Assembly, Council of Elder of Yerevan and the Council of Elder of communities including a marz centre — also on the 20th day, as well as no later than 2 days before the time limit prescribed by this Code for summarising the election results — publish and submit to the Central Electoral Commission the results of the monitoring on observing, in the period of the election campaigning, the requirements of this Article by audiovisual media service providers and the conclusion of the Commission on observance of the procedure established for the election campaigning by audiovisual media service providers.

In case a second round of election of the National Assembly is held, the National Commission on Television and Radio shall publish the conclusion referred to in this part and submit it to the Central Electoral Commission 2 days before the time limit prescribed by this Code for summarisation of results of the second round of elections.

13. Mass media founded by state and local self-government bodies shall ensure non-discriminatory and impartial conditions for candidates, political parties (alliances of political parties) running in elections during the period of the election campaigning.

14. During free and paid airtime and election debates at Public Television Company of Armenia the sign language interpretation shall be provided. Video records of audiovisual programmes on election campaigning broadcast by the Public Television Company of Armenia shall be provided with Armenian subtitles.

(Article 20 edited by HO-202-N of 7 May 2021, amended, edited, supplemented by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 20.1.

Election campaigning on the Internet

 

1. While conducting free or paid campaigning during the period of the election campaigning, the mass media having a domain, hosting on the Internet, shall ensure non-discriminatory and impartial conditions for candidates, political parties (alliances of political parties) running in elections.

2. During the period of the election campaigning, materials and video materials related to the election campaign may be posted on the Internet, including through mass media, on paid basis only upon a written contract concluded with the candidate, political party or the representative thereof, at the expense of the election fund.

3. Publication of election campaign materials must be accompanied with the caption “Election Campaigning” and in case of campaign video materials — with uninterrupted caption “Election Campaigning” placed on the video material. Publication of election campaign materials and video materials must contain information on the client.

(Article 20.1 supplemented by HO-202-N of 7 May 2021, edited, amended by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 21.

Procedure for using a campaign poster, printed and other campaign materials during election campaigning

 

1. Candidates, political parties (alliance of political parties) running in elections shall have the right to disseminate campaign posters, printed and other campaign materials in an unimpeded manner.

2. Campaign posters, printed and other campaign materials visible to the public may only be posted:

(1) on the billboards designated specifically for this purpose by the head of the community;

(2) on paid billboards;

(3) on election campaign offices;

(4) on places indicated in part 2.1 of this Article.

2.1. Campaign posters, printed campaign and other materials on multi-apartment or subdivided buildings may only be posted on paid billboards fixed to the external walls thereof.

Posting of campaign posters, printed campaign and other materials on or inside public schools, public catering and trading facilities, elevators, public transport and taxi shall be prohibited.

Campaign posters, printed and other campaign materials may be posted or used without restrictions during holding of election gatherings, meetings with electors and other events related to election campaigning — at the places of holding such events. Campaign posters, printed and other campaign materials posted during such events shall be removed by the relevant candidate, political party (alliance of political parties) running in elections after the event is over.

Natural persons having the right to conduct election campaigning may carry campaign materials with them without restrictions and post them on or inside the buildings, premises, means of transport belonging thereto or under the possession thereof, except for cases provided for by the second paragraph of part 2.1 of this Article.

3. The head of community shall be obliged to — 10 days before the election campaigning starts — designate free boards for posting a campaign poster, printed and other campaign materials in the territory of the community, establishing conditions which shall ensure equal opportunities (equal surface area) to candidates for head of community and member of Council of Elders, political parties (alliance of parties) running in elections. This power shall be considered as an own power for the head of community.

3.1. The boards designated by the head of community for posting campaign posters, printed and other campaign materials must be usable and located in publicly visible and busy areas as much as possible. The head of community shall designate boards (surface areas) for posting a campaign poster, printed and other campaign materials in the territory of the community of number at least equal to the number of political parties (alliance of political parties) running in elections, and in case of elections held through the majoritarian electoral system — the number of the candidates for the head of community and the members of the Council of Elders, ensuring equal opportunities.

4. In case of a community with 4 000 or more electors, the head of community shall submit to the Central Electoral Commission the decision on designating free boards for posting campaign posters, printed and other campaign materials within a 3-day period following the adoption of such decision.

5. Organisations disposing outdoor billboards shall — in case of placing campaign posters, printed and other campaign materials, during the period of the election campaigning — ensure non-discriminatory and impartial conditions to candidates for head of community and member of Council of Elders, political parties (alliance of political parties) running in elections.

6. For the purpose of providing the political parties (alliance of political parties) running in elections with boards with a surface area exceeding 5 square metres, as well as boards placed in the area of the metro and at public transport stops, during the elections of the National Assembly and the Council of Elders of communities in which elections are held through the proportional electoral system, organisations disposing outdoor billboards shall — within a 10-day period after calling the elections — submit information to the Central Electoral Commission on the quantity, surface areas, locations and rental charges for boards being provided during the period of the election campaigning to political parties (alliance of political parties) running in elections. Information shall be provided in accordance with the procedure prescribed by the Central Electoral Commission. Organisations disposing outdoor billboards may indicate the communities, where they wish to distribute outdoor billboards among the political parties (alliances of political parties) running in the elections. Boards not included in the list submitted to the Central Electoral Commission may not later be provided to political parties (alliances of political parties) running in elections. The Central Electoral Commission shall post this information on the website of the Commission. Political parties (alliances of political parties) running in elections shall — within the time limits prescribed by this Code for submitting documents for registration of electoral lists of political parties (alliances of political parties) running in elections — submit applications to the Central Electoral Commission for placing a campaign poster, printed and other campaign materials on these billboards in the form prescribed by the Central Electoral Commission. Based on this information, the right to post a campaign poster, other printed campaign materials on outdoor billboards shall be distributed among political parties (alliances of political parties) running in elections upon the decision of the Central Electoral Commission. Based on the decision of the Central Electoral Commission, the political party (alliance of political parties) running in elections shall conclude a contract with an organisation disposing the outdoor billboard for posting a campaign poster, printed and other campaign materials. Where no contract is concluded by the political party (alliance of political parties) running in elections within a 3-day period after entry into force of the decision of the Central Electoral Commission, the person disposing the outdoor billboard shall be free to conclude another contract for using that billboard for other purposes. During elections of the National Assembly and the Council of Elders of communities in which elections are held through the proportional electoral system, the campaign poster with a surface area exceeding 5 square metres, as well as located in the area of the metro and at public transport stops may only be posted on an outdoor billboard distributed beforehand by the Central Electoral Commission.

Organisations disposing LED billboards may provide them to political parties (alliances of political parties) running in the elections for placing election campaign materials, if they are able to ensure equal opportunities for all political parties (alliances of political parties) running in elections.

Posted campaign posters, printed and other campaign materials may remain in their places on the voting day and the day preceding it.

7. Removing, tearing off, as well as making notes on or damaging in any other way campaign posters, printed and other campaign materials shall be prohibited.

8. After receiving the decision of the electoral commission, the head of community and heads of organisations disposing outdoor billboards (LED billboards) shall ensure that campaign posters, printed and other campaign materials of candidates, political parties (alliances of political parties) running in elections the registration whereof has been revoked or declared as invalid are removed within a 3-day period.

In case of failure to remove within a 3-day period the campaign posters, printed and other campaign materials by candidates, political parties (alliances of political parties) running in elections the registration whereof has been revoked or declared as invalid, they shall be removed by the head of community with the help of the Police. The head of community may claim from the candidates, political parties (alliances of political parties) running in elections the registration whereof has been revoked or declared as invalid compensation for the expenses incurred by him or her.

9. A campaign poster, printed and other campaign materials posted in violation of the provisions of this Article shall be removed by the head of community upon the decision of the relevant constituency electoral commission, with the help of the Police. This function shall be considered as a delegated power for the head of community.

During the period of conducting election campaigning the posters, printed and other materials with a surface area exceeding 5 square metres recognised by the Central Electoral Commission or constituency electoral commission as being associated with election campaigning shall also be subject to removal in the communities where elections are held, and in which these candidates, political parties (alliances of political parties) are running. Posters, printed and other materials with a surface area of up to 5 square metres recognised as being associated with election campaigning, as well as posters, printed and other materials with a surface area exceeding 5 square metres deemed as being associated with election campaigning during elections of local self-government bodies shall be subject to removal, where the expenses for the indicated posters, printed and other materials are not included in the campaign fund as prescribed.

10. Printed campaign materials must include information on the client, printing organisation and the print run.

11. Dissemination of anonymous printed campaign materials shall be prohibited. In case of detecting printed campaign materials which are anonymous or not prepared by the relevant candidate, political party (alliance of political parties) running in elections, the informed electoral commission shall apply to competent authorities to stop the unlawful actions.

12. In case the electoral process is terminated due to the declaration of martial law or a state of emergency, the parties to a contract concerning the placement of a campaign poster, printed or other campaign materials may unilaterally refuse to execute it.

(Article 21 supplemented, amended by HO-202-N of 7 May 2021, amended, edited, supplemented by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 22.

Prohibiting influence on the free expression of will of electors

 

1. Employees of audiovisual media service providers carrying out terrestrial on-air broadcasting, who are registered as candidates, as well as persons having an employment contract or a contract on provision of paid services shall be prohibited to cover elections, to anchor audiovisual programmes except for cases prescribed by Article 20 of this Code.

2. When publishing the results of a social survey on ratings of candidates, political parties running in elections, the organisation carrying out the survey shall be obliged to indicate the time limits of the survey, the number of respondents and the sampling method, type and place of collection, precise wording of the question, statistical evaluation of a possible error, and the client.

When publishing the results of journalistic survey on ratings of candidates, political parties running in elections, the mass media means carrying out the survey, as well as persons re-publishing or covering the results of the survey shall indicate the time limits of the survey, the number of respondents and the sampling method, type and place of collection, and the precise wording of the question.

It shall be prohibited to publish the results of a social survey in relation to candidates, political parties running in elections, as well as information thereon on broadcast of audiovisual media service providers carrying out terrestrial on-air broadcasting, or the print media on the day preceding the voting, as well as on the voting day by 20:00.

3. Gathering in groups on the area adjacent to the polling station with a radius of up to 50 metres, cluster of vehicles on the area adjacent to the entrance of the polling station on the voting day shall be prohibited. Enforcement of the provisions of this part, as well as maintenance of public order in that area shall be ensured by police officers carrying out service in the polling station, irrespective of the request of the electoral commission.

(Article 22 supplemented by HO-202-N of 7 May 2021, amended by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 23.

Prohibition of the use of administrative resources and restrictions for election campaigning

(Title amended by HO-119-N of 30 June 2016, edited by HO-318-N of 4 May 2018, HO-505-N of 5 December 2024)

 

1. Administrative resources shall be human, financial and material capital that persons holding public positions and public service positions dispose during elections, which is conditioned by their supervision over the personnel, finances and allocations in public sector.

It shall be prohibited to use administrative resources including financial, informational resources, premises, transport and communication means, material and human resources provided for performing official duties while organising and conducting election campaigning for the purpose of gaining advantage during elections.

It shall be prohibited to organise and implement election campaigning for:

(1) those in public service, workers of healthcare or medical organisations, educational institutions, pre-school educational institutions — while exercising their powers or acting ex officio;

(2) employees of state institutions or organisations, community institutions or organisations, organisations with 20 and more per cent participation of state or local self-government bodies in statutory capital — when performing their official duties or acting ex officio;

(3) judges, prosecutors, officers of the Police, the National Security Service, penitentiary institutions, the Judicial Acts Compulsory Enforcement Service, the Probation Service, the Rescue Service, military servants, persons holding autonomous positions within investigation bodies (heads and deputy heads, investigators of investigation bodies);

(4) members of electoral commissions;

(5) charitable and religious organisations, international organisations;

(6) foreign citizens and organisations, persons not holding citizenship, except for the persons provided for by point 3 of part 2 of Article 2 of this Code;

(7) the Human Rights Defender;

(8) the Governor and Board members of the Central Bank;

(9) members of the Audit Chamber;

(10) members of the Commission on Television and Radio;

(11) members of autonomous bodies;

(12) members of the Supreme Judicial Council;

(13) the President of the Republic;

(14) accredited organisations and observers engaged in an observation mission.

2. Deputies of the National Assembly, heads of communities and members of the Council of Elders shall not be prohibited to conduct campaigning or disseminate campaign materials excluding the usage of the administrative resources referred to in part 1 of this Article.

3. Candidates who are in public service, candidates included in the electoral list of the political party running in elections shall conduct the election campaigning taking into account the following restrictions:

(1) direct or indirect appeals to vote for or against a candidate, a political party running in elections while exercising official powers or any abuse of the official position to gain advantage during elections shall be prohibited;

(2) use of financial and informational resources, premises, transport and communication, material and human resources provided for performing official duties for election campaigning purposes shall be prohibited, except for security measures applicable in respect of high-ranking officials subject to state protection under the Law of the Republic of Armenia “On ensuring the safety of persons subject to special state protection”.

4. Where coverage of other activities of a candidate referred to in part 3 of this Article, who is included in the electoral list of the political parties running in elections is carried out, the mass media carrying out terrestrial on-air broadcasting shall take this into account when covering the activities of other candidates, political parties running in elections, in order to comply with the non-discriminatory principle of equality of coverage prescribed by Article 20 of this Code.

(Article 23 amended by HO-119-N of 30 June 2016, edited by HO-318-N of 4 May 2018, amended, supplemented by HO-70-N of 21 January 2020, supplemented by HO-202-N of 7 May 2021, edited, supplemented, amended by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

CHAPTER 5

 

FUNDING OF ELECTIONS

Article 24.

Funding of organisation and holding of elections

 

1. The funding of expenditures for organising and holding elections (including drawing up lists of electors, organising professional courses for holding elections), as well as of expenditures necessary for the activities of electoral commissions shall be made at the expense of the funds of the State Budget. Such expenditures shall be provided for by the State Budget under a separate item and shall be incorporated under one line in the Public Procurement Plan for state needs.

When making procurement at the expense of financial means allocated for organising and holding elections, the procurement procedure shall be prescribed by the Central Electoral Commission.

2. In case of holding early, new regular, new elections, repeat voting, as well as second round of election of the National Assembly, elections, as well as — in case of terminating the electoral process due to declaration of martial law or a state of emergency— actions aimed at organisation of elections conducted prior to the termination shall be funded from the reserve fund of the State Budget and, if it is impossible, the Central Electoral Commission shall use the funds available on the special account of electoral deposits of the Central Electoral Commission. Where the funds available on the special account of electoral deposits of the Central Electoral Commission are not sufficient, the Central Electoral Commission may, on a competitive basis, obtain a loan from private banks. In this case, it is considered by virtue of law that the Government of the Republic of Armenia has provided the banks — in the amount of that sum, including the sum for service of loan — with a budget guarantee for a term of 3 years without any security. The Government shall — within a 3-year period — reimburse the funds used from the special account of electoral deposits, and the loan.

3. Financial means intended for organising and holding elections (including those designated for the maintenance of commissions) shall be allocated to the “Central Electoral Commission” state body. The “Central Electoral Commission” state body shall, as prescribed by this Code and the legislation of the Republic of Armenia, dispose of the financial means and shall be responsible for using such means in accordance with the estimates prescribed by the Central Electoral Commission.

(Article 24 amended by HO-70-N of 21 January 2020, supplemented by HO-505-N of 5 December 2024)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 25.

Electoral deposit

 

1. Candidates, political parties running in elections shall pay an electoral deposit to the account of the Central Electoral Commission.

2. After receipt of the application, the amount of the electoral deposit shall be returned within a 7-day period in cases of:

(1) being elected or participating in the distribution of mandates;

(2) receiving ballot papers with affirmative vote, which makes 5 or more per cent of the number of ballot papers with affirmative vote cast for all candidates, whereas in case of the political party — receiving ballot papers with affirmative vote, which makes 2 or more per cent of the number of ballot papers with affirmative vote cast for all political parties and alliances of political parties running in elections, and in case of an alliance of political parties — receiving ballot papers with affirmative vote, which makes 4 or more per cent of the number of ballot papers with affirmative vote cast for all political parties and alliances of political parties running in elections;

(3) recusal prior to the registration of candidates, electoral lists of political parties running in elections;

(4) declaring the election results as invalid and calling a new regular or a new election, terminating the electoral process; or

(5) death of a candidate — to his or her heirs.

3. In all other cases the amount of the electoral deposit shall not be returned.

(Article 25 edited by HO-202-N of 7 May 2021, supplemented by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 26.

Formation of a campaign fund and financial information on the candidates, political parties (alliances of political parties) running in elections

(Title edited by HO-505-N of 5 December 2024)

 

1. In case of elections of the National Assembly, Council of Elders of communities in which elections are held through the proportional electoral system, the political parties (alliances of political parties) running in elections, as well as candidates for head of community and for member of Council of Elders in cases prescribed by part 1 of Article 115 of this Code elected through the majoritarian electoral system shall be obliged to set up a campaign fund within 5 days after the adoption of the decision on registering the candidate, the electoral list of the political party (the alliance of political parties) running in elections. In case of not setting up a campaign fund — within 3 working days after being subjected to administrative liability for not setting up a campaign fund — the competent electoral commission shall apply to court for revoking the registration of the candidate, the electoral list of political party (alliance of political parties) running in elections. Candidates nominated by the electoral list of a political party, alliances of political parties, political parties included in an alliance of political parties shall not be entitled to form a separate campaign fund. Means of the campaign fund of political parties (alliances of political parties) running in elections of the National Assembly and of candidates for head of community and for member of Council of Elders elected through the majoritarian electoral system shall be collected in any commercial bank with a branch in Yerevan and all marzes of the Republic. The Central Bank of the Republic of Armenia shall provide the Central Electoral Commission with the list of such banks. For the purpose of forming a campaign fund, banks shall open temporary special accounts based on the applications of candidates, political parties (alliances of political parties) running in elections. Revenues shall not be calculated and paid from those accounts.

2. The campaign fund of a candidate shall be formed from:

(1) contributions made by him or her;

(2) contributions made by the political party that has nominated him or her;

(3) contributions of persons having the right to elect.

3. The campaign fund of a political party (alliance of political parties) running in elections shall be formed from payments made by that political party (member political parties of the alliance).

4. Amounts paid to accounts of campaign funds by natural and legal persons not referred to in parts 2 and 3 of this Article shall be transferred to the relevant person having made the contribution, and, in case of impossibility thereof, to the State Budget. Anonymous contributions made to the account of campaign funds shall also be transferred to the State Budget.

5. The procedure for record keeping of contributions made to campaign funds, and expenditures made from such funds shall be prescribed by the Central Electoral Commission.

6. Natural persons making contributions to the campaign fund shall be obliged to indicate their name, surname, public service number or number of statement of information on not having received a public service number, which shall not be subject to publication.

7. The maximum amounts of contributions made to campaign funds shall be prescribed by this Code. Portions of contributions made to campaign fund in excess of the maximum amounts of contributions prescribed by this Code, shall be transferred to the relevant person having made the contribution, and, in case of impossibility thereof, to the State Budget.

8. Banks where temporary special accounts are opened shall — once every 3 working days after 5 days upon the expiry of the time limit prescribed by this Code for the registration of candidates, electoral lists of political parties (alliances of political parties) running in elections — submit to the Audit and Oversight Service a statement of information on financial inflow and outflow of campaign funds of candidates, political parties (alliances of political parties) running in elections. The Audit and Oversight Service shall summarise such data, draw up a brief statement of information, which shall be posted on the website of the Central Electoral Commission.

9. Attachment may not be imposed on means of the campaign fund, such means may not be subject to levy in execution due to personal obligations not related to the election campaigning of a candidate, political party (alliance of political parties) running in elections.

10. The relevant banks shall — until the third day following the voting, once every 3 working days after the expiry of the time limit prescribed by this Code for the registration of electoral lists of political parties (alliances of political parties) running in elections — submit to the Corruption Prevention Commission data on financial balance, inflows and outflows of the bank accounts of political parties (political parties included in the composition of the alliances of political parties) running in elections. The Corruption Prevention Commission shall summarise such data, draw up a brief statement of information, which shall be posted on the website of the Corruption Prevention Commission.

(Article 26 amended, supplemented by HO-333-N of 18 June 2020, amended, edited, supplemented by HO-202-N of 7 May 2021, HO-505-N of 5 December 2024)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 27.

Use of means of campaign fund

 

1 The candidates, political parties (alliances of political parties) running in elections shall make the expenses related to the preparation, organisation and implementation of the election campaigning at the expense of the means of the campaign fund, except for the cases provided for by this Code. The following expenses shall be made at the expense of the means of the campaign fund:

(1) expenses for carrying out election campaigning through the mass media;

(2) expenses for carrying out election campaigning through the Internet, including the expenses for release of political advertisement;

(3) expenses for conducting sociological surveys and studies during the election campaign;

(4) expenses for renting of halls, premises for the purpose of holding election gatherings, meetings with electors and other events connected with the election campaigning;

(5) expenses for renting premises for the purpose of locating election campaign offices;

(6) expenses connected with preparing (placing), acquiring, posting campaign posters, printed and other campaign materials, preparing and disseminating all types of campaign materials, including printed materials to be provided to electors;

(7) expenses connected with the renting of means of transport used for the purpose of the election campaigning (except for passenger motor vehicles having up to 7 seats);

(8) expenses connected with cultural or sports events organised for the purpose of election campaigning;

(9) compensation expenses provided to proxies.

1.1. The maximum amount of expenses from a campaign fund shall be prescribed by this Code. Payments from the campaign fund shall be made through non-cash method.

2. Where the goods and services described in part 1 of this Article were provided gratuitously or at a price lower than the market value or acquired prior to formation of the campaign fund, they shall be included in the expenditures of the campaign fund at their market value.

3. Where it is indicated in the opinion of the Audit and Oversight Service that the goods acquired, work performed and service provided for the purposes prescribed by part 1 of this Article for the purpose of election campaigning have not been included in the expenses of the campaign fund at their market value, the Central Electoral Commission shall institute administrative proceedings. Where the information specified in the opinion of the Audit and Oversight Service is confirmed based on the results of the instituted proceedings, an administrative penalty shall be imposed on the candidate, political party (alliance of political parties) running in elections in the amount of 3-fold of the expenses not included in the fund expenditures.

4. Where it is specified in the opinion of the Audit and Oversight Service that the expenses made for the election campaigning of a candidate, political party (alliance of political parties) running in elections have exceeded the maximum amount of expenses prescribed by this Code, incurred for the purposes prescribed by part 1 of this Article, the Corruption Prevention Commission shall institute an administrative proceedings, and where as a result of the proceedings the information specified in the opinion of the Audit and Oversight Service is substantiated, an administrative penalty shall be imposed on the candidate, political party (alliance of political parties) running in elections in the amount of 3-fold of the sum exceeding the maximum amount of the fund prescribed by this Code.

5. Where the difference between the amount spent for the purposes prescribed by part 1 of this Article for the election campaigning and the amount of the fine paid to the State Budget prescribed by parts 3 and 4 of this Article and the maximum amount of the campaign fund prescribed by this Code exceeds 20 per cent of the maximum amount of the campaign fund prescribed by this Code, the court shall, on the basis of the application of the electoral commission, revoke the registration of the candidate, the electoral list of the political party (alliance of political parties) running in elections.

6. In case of failure to transfer the amounts prescribed by this Article to the State Budget within a 5-day period after the decision of the Central Electoral Commission or failure to appeal the decision of the Central Electoral Commission through judicial procedure within the same time limit, the Central Electoral commission shall levy the mentioned amount through judicial procedure.

7. All operations with the accounts of campaign funds shall be terminated as of the voting day.

8. Based on the application of candidates, political parties (alliances of political parties) running in elections, the Central Electoral Commission shall allow making payments from the fund after the voting day as well, but for transactions carried out before the voting day. Based on the application of candidates, political parties (alliances of political parties) running in elections submitted no later than within a 2-day period after the voting, the Central Electoral Commission shall allow replenishing the fund in an amount equal to the shortfall of the fund’s resources required for fulfilling the outstanding contractual obligations.

9. After the elections of the National Assembly and the elections of the Councils of Elders of communities held through the proportional electoral system, means remaining in campaign fund of the political parties (alliance of political parties) shall — within a one-week period following the official announcement of results of the elections — be transferred to the account of the political party, and in case of an alliance of political parties, such means shall be equally distributed among the political parties forming an alliance, unless otherwise provided for by the decision of the alliance of political parties.

9.1. After the elections of the head of community and member of the Council of Elders elected through the majoritarian electoral system, means remaining in the campaign fund of the candidate shall — within a one-week period following the official announcement of results of the elections — be transferred to the political party having nominated the candidate, and in case of self-nomination — be transferred to the candidate.

10. In the cases of declaring elections not having taken place or declaring elections as invalid or calling new regular or new elections, the means remaining in the campaign fund shall be frozen until candidates, electoral lists of political parties (alliances of political parties) running in elections are registered for the new regular or new elections. In case of new regular or new elections, candidates, political parties (alliances of political parties) running in elections may use the means remaining in their campaign funds.

11. The means remaining in campaign funds of the candidates, political parties (alliances of political parties) not running in new regular or new elections shall be disposed as prescribed by parts 9 and 9.1 of this Article.

12. Provisions of this Article shall also apply during the second round of election of the National Assembly.

13. In case the electoral process is terminated due to the declaration of martial law or a state of emergency, within one week after the termination of the electoral process, the means remaining in campaign fund shall — in case of elections of the head of community and the member of Council of Elders elected through the majoritarian electoral system — be transferred to the account of the political party having nominated the candidate, and in the case of self-nomination — to the candidate, in case of elections of the National Assembly and of Council of Elders of community, in which elections are held through the proportional electoral system, the funds shall be transferred to the account of the political party, and in the case of an alliance of political parties, the funds shall be distributed equally among the political parties comprising the alliance, unless otherwise provided for by the decision of the alliance of political parties.

(Article 27 edited, supplemented, amended by HO-202-N of 7 May 2021, HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 28.

Declaration on the contributions made to campaign funds and on the use thereof

(Title amended by HO-202-N of 7 May 2021, edited by HO-505-N of 5 December 2024)

 

1. Candidates, political parties (alliances of political parties) running in elections shall submit to the Audit and Oversight Service the declaration on the contributions made to their campaign funds and on the use thereof on the 10th day following the commencement of the election campaigning, also on the 20th day in case of the regular elections of the National Assembly, Councils of Elders of communities in which elections are held through the proportional electoral system, as well as no later than 3 days before the period for summarising election results prescribed by this Code.

In case of holding second round of election of the National Assembly, the political party (alliance of political parties) running in the second round shall — no later than 3 days before the time limit prescribed by this Code for summarisation of election results — submit to the Audit and Oversight Service a declaration on the contributions made to campaign funds and on the use thereof.

The documents referred to in part 1 of Article 27 of this Code, as well as the documents substantiating other expenses made for the purpose of election campaigning and subject to declaration (contract, transfer-and-acceptance act, invoice, payment receipt, etc.) shall be attached to the declaration. The utility costs for halls, premises and election campaign offices for the purpose of holding election gatherings, meetings with electors and other events connected with the election campaigning, as well as expenses connected with fuel for means of transport used for the purpose of the election campaigning shall be considered to be expenses not subject to declaration.

2. The electronic form of the declaration shall be established by the Central Electoral Commission. The form of the declaration shall also include guideline on the procedure and time limits for drawing up and submitting the declaration.

3. The following shall be specified in the declaration:

(1) the date of contributions made to the campaign fund, the amount of contributions made and the name, surname or title of the persons having made contributions;

(2) the expenses made for the acquisition of each work, service, good prescribed by part 1 of Article 27 of this Code, the time limit for making such expenses, the details of documents certifying such expenses;

(3) the expenses to be made for the acquisition of each work, service, good prescribed by part 1 of Article 27 of this Code, the payment whereof shall be made after the time limit prescribed by this Code for submitting a declaration, by attaching to the declaration documents certifying the necessity for making those payments;

(4) the amount remaining in the campaign fund.

4. Within a 3-day period following the submission of declarations, they shall be posted on the website of the Central Electoral Commission.

(Article 28 amended by HO-333-N of 18 June 2020, amended, edited by HO-202-N of 7 May 2021, edited by HO-505-N of 5 December 2024)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 29.

The Audit and Oversight Service

 

1. The Audit and Oversight Service shall carry out oversight over the contributions made to campaign funds, expenditures and the calculation thereof. The Audit and Oversight Service shall act independently from electoral commissions and shall not be accountable thereto.

2. The position of the Head of the Audit and Oversight Service shall be an autonomous position; the other two employees of the Service shall be civil servants. The Head of the Audit and Oversight Service shall be appointed upon the decision of the Central Electoral Commission for a term of 7 years. The position pay rate for the Head of the Audit and Oversight Service shall be established by the Law of the Republic of Armenia "On remuneration for persons holding state positions and state service positions". The Head of the Service may not be a member of any political party.

3. For the purpose of ensuring the transparency and publicity of contributions made to campaign funds, expenditures and their calculation, each faction of the National Assembly may — within a 10-day period after calling elections of the National Assembly — appoint one auditor to the Audit and Oversight Service, qualified as an auditor in the Republic of Armenia and having the right of suffrage. The auditors of factions of the National Assembly appointed to the Audit and Oversight Service shall be remunerated for 2 months in the amount of 3-fold of the nominal amount of the minimum monthly salary prescribed by the legislation of the Republic of Armenia for each month. Their activities shall be completed on the 5th day following the publication of election results.

4. During the regular elections of the National Assembly and self-government bodies, up to 5 specialists may be involved in the Audit and Oversight Service on a contractual basis for a period of up to 1 month.

5. The Audit and Oversight Service shall — within 7 days after receiving the declarations on the use of means available in campaign funds of candidates, political parties (alliances of political parties) running in elections, but no later than 1 day before the time limit prescribed for summarisation of election results — carry out inspection, draw up an opinion on inspection results and submit it to the Central Electoral Commission. The Central Electoral Commission shall be obliged to immediately publish it on the website of the Central Electoral Commission. In case violations are recorded in the opinion, the Central Electoral Commission shall be obliged to discuss them. A representative of the Audit and Oversight Service shall be invited to that session of the Central Electoral Commission.

6. Powers of the Audit and Oversight Service shall be as follows:

(1) receive from banks — where temporary special accounts were opened for the formation of campaign funds — relevant information, statements of information, copies of documents on financial inflows and outflows of the campaign funds of candidates, political parties (alliances of political parties) running in elections;

(2) receive from banks, political parties (alliances of political parties) and other organisations delivering goods, providing services or performing works relevant information, statements of information, copies of documents on the expenses made within the framework of election campaigning;

(3) prepare draft decisions on issues related to its activities and submit them to the Central Electoral Commission for consideration.

7. The procedure for operation of the Audit and Oversight Service shall be prescribed by the Central Electoral Commission in compliance with the requirements of this Code.

(Article 29 amended, supplemented by HO-70-N of 21 January 2020, amended by HO-333-N of 18 June 2020, HO-2-N of 29 December 2020, supplemented, amended, edited by HO-505-N of 5 December 2024)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

CHAPTER 6

 

OBSERVERS, PROXIES, MASS MEDIA REPRESENTATIVES, AUTHORISED REPRESENTATIVES

Article 30.

Right of observation mission

 

1. The following shall have the right of observation mission during elections:

(1) international organisations and those foreign non-governmental organisations whose charter objectives include issues of democracy and protection of human rights;

(2) those non-governmental organisations and foundations registered in the Republic of Armenia whose charter objectives include — for minimum 1 year preceding the day of calling elections — issues related to democracy and protection of human rights, the names whereof are not associated with the names of candidates or the political parties (alliances of political parties) running in elections, which, as prescribed by law, have published the latest annual report on their activities, no member of the governing body whereof, except for the Meeting, runs in the given elections with the status of a candidate, and which do not support candidates or political parties (alliances of political parties) running in elections or do not organise or carry out campaign in favour of or against the political party (alliance of political parties) running in elections, and which disclose the sources of financing of the observation mission in the application on accreditation.

2. International organisations, foreign non-governmental organisations referred to in part 1 of this Article may carry out observation mission upon invitation. Citizens of the Republic of Armenia may not be included as an observer in the observation missions of international organisations, foreign non-governmental organisations.

The following shall be entitled to send invitations to the organisations referred to in this part to carry out observation mission:

(1) the President of the Republic;

(2) the President of the National Assembly;

(3) the Prime Minister;

(4) the Central Electoral Commission.

3. Election related reports submitted by observation missions of the organisations referred to by points 1 and 2 of part 1 of this Article shall be posted on the website of the Commission.

4. Upon invitation, representatives of diplomatic and consular representations accredited to the Republic of Armenia may, during elections, carry out monitoring of the election process with the status of a visitor. The invitation shall be sent by the Ministry of Foreign Affairs of the Republic of Armenia.

5. Upon invitation, representatives of electoral bodies of other states may, during elections, carry out monitoring of the electoral process with a status of a visitor. The invitation shall be sent by the Chairperson of the Central Electoral Commission of the Republic of Armenia.

6. Persons having a status of a visitor prescribed by parts 4 and 5 of this Article may be accompanied by an interpreter.

(Article 30 edited by HO-202-N of 7 May 2021, supplemented by HO-505-N of 5 December 2024, edited by HO-2-N of 23 January 2026)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 31.

Accreditation of observers and mass media representatives, issuance of certificates to observers, interpreters accompanying the visitors and international observers, mass media representatives and visitors

(Title supplemented by HO-505-N of 5 December 2024)

 

1. Observers of the organisations referred to in part 1 of Article 30 of this Code shall carry out their mission after being accredited to the Central Electoral Commission.

1.1. Members of electoral commissions, candidates running in those elections, proxies, specialists who provide maintenance of technical equipment and mass media representatives may not act as observers.

2. Applications on accreditation and the documents prescribed by the decision of the Central Electoral Commission, as prescribed by part 9 of this Article, shall be submitted to the Central Electoral Commission after the date of calling elections, but no later than the last day of the period prescribed by this Code for registration of the electoral lists of candidates, the political parties (alliances of political parties) running in elections. For submitting the application on accreditation, the attached documents and the list of observers to the Central Electoral Commission, a user account shall be provided to the non-governmental organisations and foundations registered in the Republic of Armenia, which may be restored before each election. Changes (supplements) may be made to the list of accredited observers no later than 3 days before the voting day, except for the case when the list of accredited observers of a non-governmental organisation or foundation registered in the Republic of Armenia is filled out by a person not holding citizenship of the Republic of Armenia which may be carried out no later than 15 days before the voting day.

When submitting an application on accreditation, non-governmental organisations and funds registered in the Republic of Armenia shall submit the code of conduct for their observers, which must be in line with the international principles for election observation and the regulations of this Code. The code of conduct for observers — submitted by the non-governmental organisations and foundations registered in the Republic of Armenia — shall be posted on the website of the Commission.

Non-governmental organisations and funds may be accredited and carry out observation mission jointly. Organisations engaged in observation mission and acting jointly may act under a common name, which is not associated with the names of candidates or the political parties (alliances of political parties) running in elections. In case of joint observation the non-governmental organisations and funds shall submit joint application on accreditation and joint list of observers. Where one of the non-governmental organisations or funds having submitted an application for carrying out a joint observation mission does not comply with the requirements of this Code, the application on joint observation mission shall be rejected only insofar as it relates to that organisation. If in the result of rejection of the application only one non-governmental organisation or fund complies with the requirements of this Code, that non-governmental organisation or fund shall be accredited as an organisation carrying out a separate observation mission.

Non-governmental organisations and funds referred to in this part shall organise and hold for their observers trainings on electoral legislation and on the code of conduct for observers of the organisation.

The application for accreditation must contain an indication on the adoption of and training on the code of conduct for observers of the organisation, as well as the sources and amounts of financing for the particular observation mission as of the day of submitting the application on accreditation. In case of changes of sources and amounts of financing prior to the end of the period prescribed by part 6 of this Article for termination of the powers of observers, the relevant non-governmental organisation or foundation must, in writing, notify the Central Electoral Commission about those changes within a three-day period.

3. The certificates issued to observers shall be automatically generated on the website of the Commission and be immediately made available to the organisation for downloading and printing.

4. The Central Electoral Commission shall reject the application on accreditation of a non-governmental organisation or foundation, where the charter objectives of the organisation do not meet the requirements of point 1 or 2 of part 1 of Article 30 of this Code, or the application has been submitted in violation of the time limits prescribed by part 2 of this Article or where the submitted documents do not comply with the requirements of the decision of the Central Electoral Commission prescribed by part 9 of this Article, or the application does not contain an indication on the adoption of or training on the code of conduct for observers of the organisation or foundation, on the sources and amounts of financing for the particular observation mission as of the day of submission of the application on accreditation, or the name of the particular organisation or foundation is associated with the names of candidates or the political parties (alliances of political parties) running in elections, or the particular organisation or foundation has not published the latest annual report on its activities as and within the period prescribed by law, or any member of the management body of the particular organisation or foundation, except for members of the Meeting, is running in the particular elections with the status of a candidate, or the particular organisation or foundation supports the candidates or the political parties (alliances of political parties) running in elections, or the particular organisation or foundation organises or conducts campaigning in favour of or against the political party (alliance of political parties) running in elections.

The Central Electoral Commission shall remove from the list of observers of organisations indicated in part 1 of Article 30 of this Code data on persons who are members of an electoral commission or who run in the given elections with the status of a candidate, a specialist who provide maintenance of technical equipment, a proxy, or a mass media representative. This rule shall also apply when making amendments (supplements) to the list of accredited observers.

From the moment of submitting the application on accreditation to the Central Electoral Commission, the non-governmental organisation or foundation, as well as the observers thereof shall be obliged to observe the code of conduct of the observation mission, demonstrate political neutrality, not organise or conduct campaigning or anti-campaigning, not to express a prejudiced position publicly or display a preferential attitude towards any issue related to candidates, the political parties (alliances of political parties) running in elections.

The Central Electoral Commission shall remove the data regarding persons holding a citizenship of the Republic of Armenia from the list of observers of international organisations, foreign non-governmental organisations.

4.1. The Central Electoral Commission shall revoke the accreditation of an organisation (organisations engaged in observation mission and acting jointly) carrying out observation mission where, after accreditation, circumstances have emerged under which the application for accreditation would be rejected. Accreditation shall be revoked also in the case when the relevant organisation violates the requirements specified in the third paragraph of part 4 of this Article, including through violation of the specified requirements by persons vested with the power to represent the particular organisation by law or under the charter of the organisation, members of management bodies, except for members of the Meeting or in other ways. Where, in the case referred to in this part, any of the organisations jointly carrying out observation mission fails to meet the requirements of this Code, the Central Electoral Commission shall revoke the accreditation of organisations engaged in observation mission and acting jointly only with respect to that organisation. Where, as a result of the partial revocation of accreditation of organisations jointly carrying out observation mission by the Central Electoral Commission, only one organisation continues to meet the requirements prescribed by this Code, that organisation shall be considered accredited as carrying out independent observation mission.

In case the circumstances referred to in part 1.1 of this Article arise after the accreditation of the organisation carrying out observation mission (organisations engaged in observation mission and acting jointly), the Central Electoral Commission shall remove from the list of accredited observers the data on persons not entitled to act as observers. Organisations carrying out an observation mission shall be notified of the revocation of accreditation of organisations carrying out an observation mission (organisations engaged in observation mission and acting jointly) and of any changes made to the list of accredited observers within one day.

The data of an observer having violated the requirements specified in the third paragraph of part 4 of this Article shall, by the decision of the Central Electoral Commission, be removed from the list of accredited observers.

5. In case an observer conducts campaigning in favour of or against any candidate, political party (alliance of political parties) running in elections, as well as violates the requirements of this Code in such a way that essentially hinders the smooth operation of the electoral commission or the smooth voting process, the chairperson of the electoral commission may remove the observer from the session of the commission, and from the polling station on the voting day, upon a decision adopted by at least 2/3 of the votes of the total number of members of the electoral commission. The chairperson of the electoral commission shall immediately inform the superior electoral commission about it.

6. The powers of observers shall cease on the 8th day following the official announcement of election results, unless an appeal has been lodged with the court against the election results. In case of lodging an appeal with the court against the election results, the powers of observers shall be considered complete on the day following the date of announcement of the judicial act, unless second round of the election or repeat voting is called. In case of the second round of the election or repeat voting, accreditation of observers shall not be required again but changes (supplements) to the list of accredited observers shall be allowed in the manner and within the time limit prescribed by part 2 of this Article.

7. Certificates for visitors shall be issued by the Central Electoral Commission on the basis of applications submitted by the Ministry of Foreign Affairs of the Republic of Armenia.

7.1. Certificates for interpreters accompanying international observers and visitors shall be issued by the Central Electoral Commission on the basis of applications submitted by the Ministry of Foreign Affairs of the Republic of Armenia.

8. Representatives of a legal person or a natural person being an individual entrepreneur carrying out media activities (hereinafter referred to as “the mass media representatives”) may, on the voting day, conduct coverage of elections and voting after being accredited to the Central Electoral Commission. The entity carrying out media activities may accredit its representatives, if it has been disseminating on its behalf mass media for at least one year. The 1-year limitation shall not apply where the entity carrying out media activities disseminates mass media through terrestrial on-air broadcasting.

Mass media shall, through the website of the Commission, submit the application on accreditation to the Central Electoral Commission after the day of calling elections, but no later than 10 days before the voting day. In case of approving the application on accreditation, the Central Electoral Commission shall provide to the mass media organisation a user account, which may be restored before each election. The list of mass media representatives may be amended until 3 days before the voting day.

The certificates issued to mass media representatives shall be automatically generated on the website of the Commission and be immediately made available to the mass media organisation for downloading and printing.

The Central Electoral Commission shall reject the application on accreditation of the mass media representatives, where it does not meet the requirements of this Article, or the submitted documents do not comply with the requirements of the decision of the Central Electoral Commission as prescribed by part 9 of this Article.

In case the mass media representative violates the requirements of this Code in such a way that essentially hinders the smooth operation of the electoral commission or the smooth voting process, such representative may be removed from the session of the commission, and from the polling station on the voting day, upon a decision adopted by at least 2/3 of the votes of the total number of members of the electoral commission.

9. The procedure for accreditation of observers, interpreters accompanying the international observers and visitors, mass media representatives, the electronic forms of documents required for accreditation and the procedure for the submission thereof through the website of the Commission, forms of certificates for observers, interpreters accompanying the international observers and visitors, mass media representatives and visitors shall be prescribed by the Central Electoral Commission.

(Article 31 supplemented by HO-119-N of 30 June 2016, HO-158-N of 20 October 2016, amended by HO-318-N of 4 May 2018, edited, supplemented by HO-202-N of 7 May 2021, HO-505-N of 5 December 2024, edited, supplemented, amended by HO-2-N of 23 January 2026)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(The provision of the Article, declared by the Decision of SDVo-1396 of 26 December 2017 as contradicting the Constitution, was brought into compliance with the Constitution, upon the amendment of Article 3 of the Law HO-318-N of 4 May 2018)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 32.

Rights, responsibilities and guarantees for activities of an observer, mass media representative, visitor

 

1. An observer, mass media representative, visitor shall have the right to:

(1) be present at the sessions of electoral commission and, during the voting also in the polling station and in the voting room;

(2) observe, as prescribed by the Central Electoral Commission, the processes of printing, transportation, keeping and counting of ballot papers and self-adhesive stamps;

(3) get acquainted with election related documents under the disposal of the Central Electoral Commission, constituency electoral commission, and independently make extracts, receive carbon copies of the documents which are not posted on the website of the Central Electoral Commission;

(4) get acquainted — in the presence of the chairperson, secretary of the precinct electoral commission or one of the members of the commission as assigned by the chairperson of the commission — with election related documents under the disposal of the precinct electoral commission (except for lists of electors having participated in the voting, during the voting), relevant court judgments, the relevant statement of information provided to the elector by the authorised body. Not intervening in the activities of the electoral commission and not hindering the voting process, independently make extracts from election related documents (except for lists of electors having participated in the voting, voting passes). During the voting, it shall be prohibited to make extracts and notes from the lists of electors having participated in the voting and from the voting passes;

(5) freely move in the voting room for observing the ballot papers, ballot envelopes, lists of electors, technical equipment and the ballot box;

(6) publicly, including through the mass media, express an opinion, make a statement on organising and holding of elections;

(7) enjoy other rights provided for by this Code.

2. When exercising their rights, an observer, visitor shall be obliged to demonstrate political neutrality, not to express a prejudiced position publicly nor display a preferential attitude towards any issue related to the candidates, political parties (alliances of political parties) running in elections. Observers may submit their personal observations to electoral commissions through the report of the observation mission. Observers shall base all their findings on their personal observations.

3. An observer, visitor, mass media representative shall not have the right to intervene in the activities of an electoral commission and in the process of voting, to conduct campaigning or anti-campaigning, to give instructions, make claims to members of the electoral commission, except for cases provided for by law.

4. An observer, mass media representative, visitor shall be obliged to register in the registration book of the electoral commission for being present at the sessions of the electoral commission, as well as during the voting, in the voting room. An observer, mass media representative, visitor shall be obliged to — for being present at the electoral commission and, during the voting, also in the voting room — mandatorily carry, in a visible manner, the certificate of the established sample issued by the Central Electoral Commission.

5. No limitation of the rights of observer, mass media representative, visitor, prescribed by this Code, shall be allowed. No one (including electoral commissions) shall have the right to remove an observer, mass media representative, visitor from the polling station or otherwise exclude them from the activities of the commission, except for the cases provided for by parts 5 and 8 of Article 31 and part 7 of Article 65 of this Code.

In case an observer, mass media representative, visitor is asked to leave the polling station or the sessions of the electoral commission, a relevant entry shall be made in the registration book of the electoral commission, indicating the reasons.

(Article 32 amended, supplemented by HO-119-N of 30 June 2016, amended, edited by HO-158-N of 20 October 2016, supplemented, amended by HO-202-N of 7 May 2021, edited, supplemented by HO-2-N of 23 January 2026)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

Article 32.

Status of proxy

 

1. Political parties running in elections — after registering the electoral lists, and candidates, after having registered — may have proxies for the purpose of protecting their interests in electoral commissions, in their relations with state and local self-government bodies, organisations, mass media. Only persons having the right of suffrage may act as a proxy.

2. After registration of candidates for head of community and member of Council of Elders (except for members of the Council of Elders of communities in which elections are held through the proportional electoral system), electoral lists of political parties running in elections, the electoral commission having made the registration shall — within a 5-day period — provide the candidate, authorised representative of the political party running in elections with proxy certificates equal to the 3-fold of the number of the formed electoral precincts. The relevant commission shall indicate in the certificate the name of the political party running in elections, the name, patronymic, surname of the candidate for head of community or member of Council of Elders. The candidate or his or her authorised representative or the authorised representative of the political party running in elections shall complete the certificates and provide them to proxies.

3. Judges, prosecutors, persons holding autonomous positions within investigation bodies, officers of the Police, the National Security Service, the Judicial Acts Compulsory Enforcement Service, the Penitentiary Service, the Probation Service, the Rescue Service, military servicepersons, observers, candidates, members of electoral commissions may not act as a proxy.

4. Forms of certificates for proxies shall be prescribed by the Central Electoral Commission.

(Article 33 amended, supplemented by HO-318-N of 4 May 2018, amended by HO-70-N of 21 January 2020, HO-333-N of 18 June 2020, supplemented by HO-202-N of 7 May 2021)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

Article 34.

Rights, responsibilities and guarantees for activities of a proxy

 

1. A proxy shall have the right to:

(1) participate, in an advisory capacity, in the sessions of a commission, be present in the voting room during the voting;

(2) get acquainted with election related documents under the disposal of the Central Electoral Commission, constituency electoral commission and independently make extracts, receive carbon copies of the documents which are not posted on the website of the Central Electoral Commission;

(3) get acquainted — in the presence of the chairperson, secretary of the precinct electoral commission or one of the members of the commission as assigned by the chairperson of the commission — with election related documents under the disposal of the precinct electoral commission (except for lists of electors having participated in the voting, during the voting), relevant court judgments, the relevant statement of information provided to the elector by the authorised body, as well as ballot papers voted on and marks made thereon. Not intervening in the activities of the electoral commission and not hindering the voting process, independently make extracts and notes from election related documents (except for lists of electors having participated in the voting, voting passes), during the recount of voting results, independently make extracts from lists of electors having participated in the voting. During the voting, it shall be prohibited to make extracts and notes from the lists of electors having participated in the voting and from the voting passes;

(4) in the manner and cases prescribed by this Code, appeal the decisions, actions, omission of the electoral commissions;

(5) observe, as prescribed by the Central Electoral Commission, the processes of printing, transportation, keeping and counting of ballot papers and

self-adhesive stamps;

(6) be present — without intervening in the activities of the member of commission and the person maintaining the technical equipment (hereinafter referred to as “the specialist”) — near the commission members, identifying the electors, providing a ballot paper and a ballot envelope, and the specialist, the member controlling the ballot box, as well as observe their activities;

(7) submit observations and recommendations to the chairperson of the commission with regard to activities of the electoral commission;

(8) exercise other rights reserved thereto by this Code.

2. A proxy shall exercise his or her rights as prescribed by this Code.

Proxies shall not have the right to intervene in the activities of an electoral commission, to give instructions to members of the electoral commission, to intervene in the process of voting.

3. One proxy of each candidate for head of community and member of Council of Elders and one proxy of each political party running in elections may be present at the session of the electoral commission and in a voting room during the voting. During elections of the National Assembly up to 2 proxies of each political party running in elections may be present at the session of the electoral commission and in a voting room during the voting.

Candidates included in the electoral list of political parties running in elections of the National Assembly, Councils of Elders of communities in which elections are held through the proportional electoral system, may not have proxies.

Proxies shall be obliged to register in the registration book of the electoral commission for being present at the sessions of the electoral commission, as well as during the voting, in the voting room.

4. No limitation of the rights of proxy prescribed by this Code shall be allowed. No one (including electoral commissions) shall have the right to remove the proxy from the voting room or otherwise exclude him or her from the activities of the commission, except for cases where he or she violates the requirements of this Code in such a way that essentially hinders the smooth operation of the electoral commission or the smooth voting process. The chairperson of the electoral commission may remove the proxy from the session of the commission and from the polling station on the voting day, upon a decision adopted by at least 2/3 of the votes of the total number of members of the electoral commission. Where the chairperson of the commission asks a proxy to leave the polling station or the sessions of the commission, a relevant entry shall be made in the registration book of the electoral commission, indicating the reasons.

(Article 34 amended, edited by HO-158-N of 20 October 2016, amended by HO-333-N of 18 June 2020, HO-202-N of 7 May 2021)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

Article 35.

Status of authorised representatives of a political party (alliance of political parties) running in elections, of the candidates for the head of community and the member of the Council of Elders

(Title amended by HO-505-N of 5 December 2024)

 

1. Political parties (alliances of political parties) running in elections, as well as the candidate for the head of community and the member of the Council of Elders shall have the right to appoint up to 3 authorised representatives to the electoral commission having registered the candidate, the electoral list of the political party (alliance of political parties).

2. Only persons having the right of suffrage may act as an authorised representative.

3. An authorised representative shall be provided with a certificate of the form established by the Central Electoral Commission.

4. An authorised representative shall have the right to:

(1) get acquainted with the election related documents under the disposal of the relevant electoral commission;

(2) participate, in an advisory capacity, in the sessions of the relevant electoral commission.

(3) conclude civil law contracts on behalf of the political parties (alliances of political parties) running in elections, as well as the candidates for the head of community and a member of the Council of Elders elected through the majoritarian electoral system for the purpose of organising election campaign.

5. Powers of an authorised representative may be terminated at any point by the person having appointed him or her.

6. Powers of an authorised representative shall terminate 7 days after the publication of the final decision based on the results of elections.

7. In case an appeal is lodged with a court against the election results, the powers of an authorised representative shall terminate on the day following the date of promulgation of the judicial act.

8. (point repealed by HO-505-N of 5 December 2024)

(Article 35 supplemented by HO-158-N of 20 October 2016, edited, supplemented, amended by HO-505-N of 5 December 2024)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

SECTION 2

 

ELECTORAL COMMISSIONS

 

CHAPTER 7

 

SYSTEM AND FUNCTIONS OF ELECTORAL COMMISSIONS. STATUS OF MEMBERS OF ELECTORAL COMMISSIONS

Article 36.

System, status and procedure for activities of electoral commissions

 

1. For the purpose of organising and holding elections, a 3-level system of electoral commissions — consisting of the Central Electoral Commission, constituency electoral commissions and precinct electoral commissions — shall be formed.

2. One or more constituency electoral commissions shall be formed for each marz and the city of Yerevan. The total number of constituency electoral commissions may not exceed 41. Constituency electoral commissions shall be formed, numbered, the boundaries of service areas and the seats of constituency electoral commissions shall be prescribed by the decision of the Central Electoral Commission.

3. Where a community is included in the service areas of more than one constituency electoral commissions, the Central Electoral Commission shall — no later than 65 days before the voting day — designate the constituency electoral commission which shall be vested with the power to organise and hold elections of local self-government bodies in the community concerned.

4. Electoral commissions shall be independent in exercising their powers. Any intervention in their activities shall be prohibited.

5. Electoral commissions shall exercise their powers based on the principles of lawfulness, collegiality and publicity.

6. State and local self-government bodies shall gratuitously provide constituency electoral commissions with necessary office space and property and shall support the commissions for ensuring their smooth activities.

(Article 36 amended by HO-171-N of 1 April 2021, amended, edited by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

Article 37.

Functions of electoral commissions

 

1. Electoral commissions shall ensure the exercise and protection of the right of suffrage of electors.

Article 38.

Acts of electoral commissions

 

1. The Central Electoral Commission shall adopt secondary regulatory legal acts and individual legal acts, whereas constituency and precinct electoral commissions shall adopt individual legal acts.

Chairpersons of the Central Electoral Commission and constituency electoral commission may adopt individual legal acts.

2. Legal acts of electoral commissions shall be binding.

(Article 38 amended by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

Article 39.

Status of members of electoral commissions

 

1. Member of electoral commission shall act in the electoral commission independently and shall not represent the person having appointed him or her.

2. Members of electoral commissions shall be exempt from drills or military trainings. During the period of elections of the National Assembly, members of electoral commissions shall be subject to draft for compulsory military service after the end of the election. Members of the Central Electoral Commission shall also be exempt from mobilisation.

3. Criminal prosecution may be initiated against a member of the Central Electoral Commission only upon the consent of the Central Electoral Commission. Without the consent of the Central Electoral Commission, member of commission may not be deprived of liberty, except where he or she has been caught at the time of or immediately after committing a criminal offence. The Central Electoral Commission shall adopt a decision on the mentioned issue by majority of votes of the total number of members of the commission.

4. Member of the Central Electoral Commission shall work on a permanent basis. He or she may not act as member of any political party or otherwise engage in political activities, hold a position not related to his or her status in state or local self-government bodies or any position in commercial organisations, engage in entrepreneurial activities, perform other paid work except for scientific, educational and creative activities. In public speeches, they must show political restraint.

5. A member of constituency electoral commission may not act as a member of any political party or engage in political activities during his or her term of office. While performing professional activities, as well as in public speeches he or she must show political restraint and neutrality.

6. Members of electoral commission shall have the right to get acquainted in advance with issues and documents submitted to the commission for consideration, make speeches at the commission sessions, submit recommendations and require holding a voting on that issue, ask questions to participants of the session and receive answers.

7. Members of electoral commission shall be obliged to perform tasks assigned by the chairperson of the commission within the scope of his or her competence.

8. Members of higher level electoral commission — upon the assignment or the consent of the chairperson of that commission — shall be obliged to or may respectively participate in sessions of a lower electoral commission, in an advisory capacity, and be present in the voting room on the voting day.

9. Members of constituency and precinct electoral commissions may, on their own initiative, be exempt from performing their official (work) responsibilities for the purpose of exercising their powers.

10. Member of electoral commission shall be obliged to participate in the activities of the commission and perform his or her powers, as well as participate in professional courses being organised for members of electoral commission, and this shall not be deemed as an unjustified absence from his or her work.

11. Member of precinct electoral commission shall, at the 1st session of the commission, sign the text of the rights and responsibilities of the member of precinct electoral commission.

(Article 39 edited, amended by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

Article 40.

Funding of electoral commissions, remuneration of members of electoral commissions

 

1. Electoral commissions shall be funded, and members of electoral commissions shall be remunerated at the expense of the funds of the State Budget as prescribed by the Law of the Republic of Armenia “On remuneration for persons holding state positions and state service positions” and this Article.

2. The official pay rates for members of the Central Electoral Commission shall be prescribed by the Law of the Republic of Armenia “On remuneration for persons holding state positions and state service positions”.

3. The chairperson of precinct electoral commission, secretary or members of the commission shall not be remunerated where they failed to sign the protocol on the voting results of the electoral precinct, or their powers have terminated early.

4. Up to 30 per cent of the funds available on the special account of electoral deposits of the Central Electoral Commission may — in accordance with the budget approved by the decision of the Central Electoral Commission for each year — be used for studying the practice of election administration, implementation of programmes aimed at improving the quality of election administration, for technical re-equipment of electoral commissions, and for preparation and publishing of materials with regard to electoral legislation.

The funds remaining on the special account of electoral deposits of the Central Electoral Commission may — upon the decision of the Central Electoral Commission — be used for technical re-equipment of electoral commissions and for preparation and publishing of materials with regard to electoral legislation.

5. In cases the electoral process is terminated due to the declaration of the martial law or state of emergency, the remuneration of the members of the electoral commissions for organising and holding elections shall be carried out according to the quantity of days having actually worked. The amount for remuneration paid to the members of the electoral commissions for organising and holding elections prior to the declaration of the marital law or state of emergency, shall not be subject to return.

(Article 40 amended by HO-251-N of 14 November 2019, supplemented by HO-70-N of 21 January 2020, HO-505-N of 5 December 2024)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

CHAPTER 8

 

FORMATION OF ELECTORAL COMMISSIONS

Article 41.

Fundamentals for formation of electoral commissions

 

1. Citizens, having the right of suffrage and meeting the requirements of Articles 42 and 43 of this Code, may respectively be included in the composition of the Central Electoral Commission and constituency electoral commissions.

2. Persons convicted of crimes provided for by Articles 210-224.1 of the Criminal Code of the Republic of Armenia, irrespective of whether the conviction was expunged or cancelled, as well as persons who have a record of conviction for intentionally committed crimes of medium gravity, grave or particularly grave crimes, may not act as members of electoral commission. Deputies of the National Assembly, ministers and their deputies, heads of communities, members of Council of Elders, marz governors and their deputies, judges, prosecutors, persons holding autonomous positions, officers of the Police, the National Security Service, the Judicial Acts Compulsory Enforcement Service, the Penitentiary, Probation and Rescue Services, military servicepersons, proxies, authorised representatives of the political party, the candidate for a community head and a member of a Council of Elders running in elections, observers, candidates may not act as member of constituency and precinct electoral commissions.

The conditions of incompatibility of a member of the electoral commission may be prescribed exclusively by this Code. The status of a member of the electoral commission (except for the member of the Central Electoral Commission) shall not be considered as a violation of the requirements for incompatibility provided for by other laws and legal acts.

3. Citizens of the Republic of Armenia having the right of suffrage and having a qualification certificate for being included in an electoral commission may be included in the composition of precinct electoral commission. The Central Electoral Commission may prescribe higher qualification criteria for chairperson and secretary of precinct electoral commission than for the members of precinct electoral commission.

4. Following the formation of constituency electoral commissions, the Central Electoral Commission shall carry out training of members of those commissions.

5. The Central Electoral Commission shall organise and conduct professional courses on holding elections for candidates for membership in electoral commissions in the manner prescribed by it. The constituency electoral commissions shall support the works of organising and conducting professional courses on holding elections. The courses shall be organised in Yerevan and in marzes, at least once a year, based on the applications of citizens or the lists submitted by political parties. Citizens included in the submitted lists, as well as persons having submitted an application shall participate in the professional courses in compliance with the schedule (date, time, venue) published by the Central Electoral Commission in advance. The persons referred to may participate in a test, irrespective of the fact of participating in the course, in compliance with the published schedule. Qualification certificates shall be issued based on the test. Persons the qualification certificates whereof for being included in an electoral commission have been revoked during the last one year preceding the conduction of courses shall not be entitled to participate in the professional courses on holding elections and in the test. The test shall be carried out through computer-based or standard testing method. Representatives of mass media, non-governmental organisations may follow the process of the courses and the test.

6. A citizen may simultaneously be included only in one electoral commission, except for the cases when different dates are prescribed for holding the voting at elections.

7. Information on the composition of electoral commissions shall be published as prescribed by the Central Electoral Commission.

8. During elections, the Central Electoral Commission may, in compliance with the schedule prescribed thereby, organise practical courses on holding elections for the members of the electoral commissions.

The Central Electoral Commission shall organise additional practical courses for chairpersons and secretaries of precinct electoral commissions appointed after the expiry of the time limit for conducting practical courses, where the organisation and conduction thereof will not hinder the proper exercise of powers the Central Electoral Commission in the given elections.

Participation in the practical courses shall be mandatory.

(Article 41 amended by HO-119-N of 30 June 2016, amended, edited by HO-158-N of 20 October 2016, amended, supplemented by HO-318-N of 4 May 2018, amended by HO-70-N of 21 January 2020, amended, edited, supplemented by HO-202-N of 7 May 2021, amended by HO-213-N of 9 June 2022, amended, supplemented, edited by HO-505-N of 5 December 2024)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 42.

Procedure for formation of the Central Electoral Commission

 

1. The Central Electoral Commission shall comprise of 7 members.

2. The Chairperson and other members of the Central Electoral Commission shall, upon recommendation of the competent standing committee of the National Assembly, be elected by the National Assembly upon at least 3/5 of votes of the total number of Deputies, for a term of 6 years. The same person may not be elected as a member of the Central Electoral Commission, including as Chairperson of the commission for more than 2 consecutive terms.

The number of representatives of each sex in the Central Electoral Commission shall not be less than 3.

3. Everyone possessing higher education and meeting the requirements for Deputy, shall be eligible for being elected as member of the Central Electoral Commission.

4. The Chairperson of the Central Electoral Commission shall, not later than 100 days before completion of powers of a member of the Central Electoral Commission, notify the Chairperson of the National Assembly on the term of completion of powers of the member of the Central Electoral Commission.

5. The Chairperson and members of the Central Electoral Commission shall be elected as prescribed by the Law of the Republic of Armenia “Rules of Procedure of the National Assembly”.

Elections shall be held:

(1) no earlier than 3 months and no later than 1 day before completion of powers of the Chairperson or member of the Central Electoral Commission. In that case, newly-elected Chairperson or member of the Central Electoral Commission shall assume his or her powers on the day of completion of powers of the Chairperson or member of the Central Electoral Commission, respectively;

(2) within a 3-month period after the relevant position remains vacant, in case of cessation or termination of powers of the Chairperson or member of the Central Electoral Commission.

6. In case the Chairperson or member of the Central Electoral Commission is not elected by the National Assembly within the time limit prescribed by part 5 of this Article, the President of the Republic, in consultation with parliamentary factions, shall — within a 5-day period — appoint acting Chairperson or member of the Central Electoral Commission. The acting Chairperson or member shall hold his or her office until the Chairperson or member of the Central Electoral Commission is elected as prescribed by the Law of the Republic of Armenia “Rules of Procedure of the National Assembly”.

7. In case the Chairperson or a member of the Central Electoral Commission submits a letter of resignation, the vacant position shall be filled no later than within a 30-day period as prescribed by the Law of the Republic of Armenia “Rules of Procedure of the National Assembly”. In case of early cessation of powers of a member of the Central Electoral Commission, the new member of the Central Electoral Commission shall be elected for a term of 6 years.

8. The powers of a member of the Central Electoral Commission shall be terminated as prescribed by the Law of the Republic of Armenia “Rules of Procedure of the National Assembly” upon at least 3/5 of votes of the total number of Deputies of the National Assembly, in case of violating the incompatibility requirements, joining a political party, otherwise engaging in political activities, failing to show political restraint in public speeches.

9. The right to nominate candidates for the Deputy Chairperson and Secretary of the Central Electoral Commission shall be vested in the members of the Central Electoral Commission.

10. The Deputy Chairperson and Secretary of the Central Electoral Commission shall be elected by open voting.

Where one candidate has been voted for the position of the Deputy Chairperson or Secretary of the Central Electoral Commission, he or she shall be elected in case of receiving more than half of the votes of the voting participants. Where more than one candidate is voted for the position of the Deputy Chairperson and Secretary of the Central Electoral Commission, the candidate having received the greatest number of affirmative votes shall be elected. In the event of a tie, the candidates having received the greatest number of affirmative votes shall be elected by drawing of lots.

(Article 42 amended by HO-70-N of 21 January 2020, edited, amended by HO-311-N of 14 July 2022, amended by HO-505-N of 5 December 2024)

(Law HO-311-N of 14 July 2022 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 43.

Procedure for formation of constituency electoral commission and mandatory attestation of the members of commission

(Title amended by HO-202-N of 7 May 2021, supplemented by HO-505-N of 5 December 2024)

 

1. Constituency electoral commission shall comprise of not more than 7 members. Constituency electoral commission shall be formed for a 6-year period. The Central Electoral Commission shall appoint the members of constituency electoral commission until the completion of the powers of the constituency electoral commission.

2. The number of representatives of each sex in a constituency electoral commission shall not be less than 3.

3. A citizen of the Republic of Armenia having the right of suffrage and holding higher education may apply for being included in the composition of constituency electoral commissions, if he or she is not engaged in public political activities. The new member of the constituency electoral commission shall be appointed for the unexpired term of office of the previous member.

4. For the purpose of selecting candidates for members of constituency electoral commissions, the Central Electoral Commission shall publish on its official website and disseminate, through the mass media, an announcement on the time limits for submission of applications by citizens and the requirements applying to the member of constituency electoral commission. The form of the application and the list of required documents shall be established by the Central Electoral Commission. The time limit for submission of applications must include at least two weeks after publication of the announcement, except for cases when the vacancy for the member of constituency electoral commission has opened after calling of elections. In case the vacancy for the member of constituency electoral commission has opened after calling of elections, shorter time limits for submission of applications may be prescribed.

5. Citizens who submit, within the prescribed time limit, an application to the Central Electoral Commission for being included in the composition of constituency electoral commissions and who meet the requirements prescribed by part 3 of this Article, may be appointed as member of constituency electoral commissions.

6. Where the gender equality standard prescribed by part 2 of this Article is not violated, the Central Electoral Commission, being unanimous, may:

(1) appoint the entire composition of a constituency electoral commission;

(2) appoint the composition of a constituency electoral commission partly; or

(3) cut down the list of the candidates under consideration.

7. In the cases provided for by points 2 and 3 of part 6 of this Article, the Central Electoral Commission shall elect the non-formed part of the composition of constituency electoral commission in preferential voting as prescribed by Article 143 of this Code.

8. Where the number of citizens having submitted applications for being included in the composition of constituency electoral commission is not sufficient for the formation of the commission, and for complying with the gender equality standard, vacant positions for members of commission shall be filled by the Central Electoral Commission from among the citizens having completed the professional courses on holding elections and having been awarded qualification certificates.

8.1. The members of constituency electoral commission shall be subject to annual mandatory attestation, which is conducted to verify the professional knowledge and working skills of the members of the constituency electoral commission. Attestation of members of the constituency electoral commission shall be conducted with the direct participation of a member of the constituency electoral commission. For the purpose of conducting attestation, the Central Electoral Commission shall form an attestation commission. The schedule of attestation, the composition, the operations procedure of the attestation commission, the procedure for its formation and conduct of attestation shall be established by the Central Electoral Commission.

A member of a constituency electoral commission who is subject to attestation but is on leave or secondment or have become temporarily incapacitated for work shall be subject to attestation upon showing up for work, in accordance with the schedule established by the Central Electoral Commission, but no later than within a 3-month period.

Members of constituency electoral commissions subject to attestation shall be notified of the attestation no later than one month prior to the attestation.

8.2. The attestation of members of the constituency electoral commission shall be conducted by the attestation commission through a test and interview. The attestation commission shall formulate the questions for the test and interview.

The attestation commission shall adopt one of the following decisions based on the results of the attestation of members of the constituency electoral commission:

(1) corresponds to the position held;

(2) does not correspond to the position held.

The decision having received more than half of the votes in favour of the members participating in the voting of the commission shall be considered adopted by the attestation commission. The decisions specified in points 1 and 2 of this part may be adopted with the participation of at least 2/3 of the members of the attestation commission.

8.3. The members of the constituency electoral commission having participated in the attestation, in respect of whom the decision provided for by point 2 of part 8.2 of this Article was adopted, shall undergo attestation again in accordance with the schedule established by the Central Electoral Commission, but no later than within a 3-month period after the adoption of the decision. Within a 3-day period upon the adoption of a decision on the incompatibility of the attestation commission with the position held based on the results of the double attestation, the powers of the member of the constituency electoral commission shall be terminated early by the Central Electoral Commission.

9. In case of early cessation or termination of powers of a member of constituency electoral commission, the vacant position shall be filled by the Central Electoral Commission within a 21-day period in accordance with the procedure prescribed by this Article for the formation of constituency electoral commission.

10. The decision of the Central Electoral Commission on appointing members of constituency electoral commissions shall be adopted no later than 14 days before the date of completion of powers of the constituency electoral commission.

11. The day and time of the 1st session of constituency electoral commission shall be prescribed by the Central Electoral Commission. The 1st session of constituency electoral commission shall — until the chairperson of the commission is elected — be held by an elder member of the commission. The formed constituency electoral commission shall assume its powers at 12:00 on the day of completion of powers of the operating constituency electoral commission.

12. Chairpersons of constituency electoral commissions, deputy chairpersons of commissions and secretaries of commissions shall be elected by the relevant commissions from among their members in accordance with the procedure prescribed for election of the Deputy Chairperson and Secretary of the Central Electoral Commission.

(Article 43 amended by HO-70-N of 21 January 2020, amended, edited by HO-202-N of 7 May 2021, edited by HO-311-N of 14 July 2022, supplemented, amended by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-311-N of 14 July 2022 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 44.

Procedure for formation of precinct electoral commission

 

1. Precinct electoral commission shall be comprised of at least 7 members.

2. Members of precinct electoral commission shall be appointed by:

(1) political parties (alliances of political parties) having a faction in the National Assembly — 1 member each where the number of factions is more than 4, and 2 members each where the number of factions is less than 5;

(2) the relevant constituency electoral commission — 2 members.

To appoint a member to each precinct electoral commission, each member of the constituency electoral commission (except for the chairperson of the commission) may nominate 1 candidate. Where the number of nominated candidates is more than 2, the constituency electoral commission shall select the 2 members of the precinct electoral commission by drawing of lots in accordance with the procedure prescribed by the Central Electoral Commission.

2.1. During referenda, precinct electoral commissions shall be formed, taking into account the requirements of the Constitutional Law of the Republic of Armenia “On referendum” and the Law of the Republic of Armenia “On local referendum”, respectively.

3. Where no member of the commission is appointed by any political party (alliance of political parties) — in the manner and within the time limits prescribed by this Code for formation of precinct electoral commission — or the number of candidates nominated by the members of the constituency electoral commission is less than 2, the vacant positions of the commission shall be filled instead of them by the chairperson of the relevant constituency electoral commission, within a 3-day period after the expiry of time limits prescribed for formation of the commission. In case of filling vacant positions of the precinct electoral commission in the manner prescribed by this part, the decision of the Central Electoral Commission on distribution by precincts of chairpersons and secretaries of precinct electoral commissions shall not be changed even where the filling of vacant position resulted in violation of proportionality prescribed by the decision.

4. Chairperson and secretary of the precinct electoral commission shall be appointed upon the decision of the relevant constituency electoral commission from among the members appointed to the commission by political parties (alliance of political parties) — in accordance with the distribution prescribed by part 5 of this Article — except for the case prescribed by part 3 of this Article. Where a political party (alliance of political parties) has appointed 2 members to the precinct electoral commission, it shall indicate, while appointing, which of them will occupy the position of the chairperson or the secretary of the commission.

5. The positions of chairpersons and secretaries in precinct electoral commissions shall be distributed among political parties (alliances of political parties) having a faction in the National Assembly. The number of positions of chairpersons and secretaries of precinct electoral commission available for each political party (alliance of political parties) shall be determined by the following formula:

 

NCS=	NMP	* NP,	taken as integer numbers,
	__________
	ND

 

 

x NP — taken as integer numbers,

where:

NCS is the number of chairpersons and secretaries of a commission respectively available for a political party (alliance of political parties);

NMP is the number of mandates obtained by a political party (alliance of political parties) of the National Assembly;

NP is the number of electoral precincts formed;

ND is the number of mandates of Deputies of the National Assembly. The remaining positions of chairperson and secretary of a commission in precinct electoral commissions shall be distributed as per the value of remainders. Where NCS for any political party (alliance of political parties) turns out larger than the half of NP in case the number of factions of the National Assembly is more than 4, the portion exceeding half of NP shall be distributed among other political parties (alliance of political parties) under the principle of proportionality prescribed by this Article, as prescribed by the Central Electoral Commission.

In case the remainders are equal, the distribution of other positions shall be carried out by drawing of lots in accordance with the procedure prescribed by the Central Electoral Commission.

Where during elections of local self-government bodies, the number of electoral precincts formed is less than 3, the distribution of positions of a chairperson and a secretary of the precinct electoral commission shall be carried out by drawing of lots — as prescribed by the Central Electoral Commission — taking into account that those 2 positions within the same commission may not be filled simultaneously by the representatives of political parties (alliances of political parties) participating in the formation of the government.

The distribution of chairpersons and secretaries of precinct electoral commissions by electoral precincts shall be carried out prior to the beginning of the time limit for submission of requests for appointing members to precinct electoral commission as prescribed by the Central Electoral Commission.

6. Requests for appointing members to precinct electoral commission shall be submitted to the Central Electoral Commission no earlier than 30 days and no later than 25 days before the voting day, by 18:00, whereas in case of early elections of the National Assembly — no earlier than 20 days and no later than 18 days before the voting day, by 18:00. The request for appointing members to precinct electoral commissions shall be signed by the head of the political party or, upon his or her assignment, by the deputy head (secretary) of a political party, in case of an alliance of political parties — by the head of faction, in his or her absence — by the secretary of faction.

Procedure for appointing members to precinct electoral commission, the form of the request, the list of necessary documents and information shall be prescribed by the Central Electoral Commission.

7. The 1st session of a precinct electoral commission shall be convened at the polling station at 12:00 on the 3rd day following the formation of the commission.

8. In case of early cessation or termination of the powers of a member of precinct electoral commission, the vacant position shall be filled within a 7-day period — in accordance with the procedure for formation of precinct electoral commission prescribed by this Code — but no later than 3 days before the voting day.

9. Where no member has been appointed to a precinct electoral commission within the time limit and in the manner prescribed by part 8 of this Article, the vacant positions of members of commission shall be filled by the chairperson of constituency electoral commission from among the persons having the right to be included in precinct electoral commissions. In this case, where the person appointed within the time limit and in the manner prescribed by part 8 of this Article was to occupy the position of the chairperson or secretary of commission, the person appointed by the chairperson of the electoral commission shall be appointed to that position.

10. Where on the voting day, at 8:00, the number of members of precinct electoral commission having appeared is less than 5 — in case of an electoral precinct with up to 1 000 electors — the powers of the members not having appeared shall cease early, and the number of the members shall be supplemented with up to 5 members respectively by the chairperson of the constituency electoral commission from among the persons having the right to be included in precinct electoral commissions. Where on the voting day, at 8:00, the number of members of precinct electoral commission having appeared is less than 7 — in case of an electoral precinct with more than 1 000 electors — the powers of the members not having appeared shall cease early, and the number of the members shall be supplemented with up to 7 members respectively by the chairperson of the constituency electoral commission from among the persons having the right to be included in precinct electoral commissions. Where on the voting day, as of 9:00, the number of members present at the precinct electoral commission is less than 2/3 of the total number of members of the commission, the composition of the commission shall be replenished as prescribed by this part, so as to ensure 2/3 of the total number of members of the commission.

11. The powers of precinct electoral commission shall cease upon the end of elections — after 7 days following the summarisation of election results by the relevant electoral commission — except for the case where the second round of the election of the National Assembly is held.

12. In case of appealing the election results before a court, the powers of precinct electoral commission shall cease on the next day following the promulgation of the judicial act.

13. In case of adopting a decision on declaring the voting results as invalid in particular electoral precincts, or in case of calling a repeat voting in those electoral precincts, the powers of the members of the precinct electoral commission concerned shall be deemed early ceased, and they may not be included in the compositions of precinct electoral commissions holding a repeat voting.

In case of calling a repeat voting at electoral precincts or declaring the elections as invalid and holding a repeat voting, the distribution of the positions of the chairperson or the secretary of precinct electoral commission previously made shall be maintained and the requests for new appointments to precinct electoral commissions shall be submitted to the Central Electoral Commission within a 3-day period from the day of adoption of the decision on calling a repeat voting, by 18:00. In that case the 1st sessions of precinct electoral commissions shall take place on the day following the expiry of the time limit for formation, at 12:00.

(Article 44 supplemented by HO-348-N of 13 June 2018, amended by HO-202-N of 7 May 2021, supplemented by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 45.

Procedure for removal of the chairperson, deputy chairperson of the electoral commission, secretary of the commission from their office, and for early termination of powers of member of the commission

 

1. The powers of the Chairperson, Deputy Chairperson of the Central Electoral Commission or the Secretary of the Commission shall be deemed terminated, where he or she has submitted an application for recusal from that position.

In case of recusal from the position of the Chairperson of the Central Electoral Commission the membership to the Commission thereof shall be terminated, and in case of recusal from the positions of the Deputy Chairperson of the Central Electoral Commission or the Secretary of the Commission, the membership of the Deputy Chairperson or the Secretary to the Commission shall not be terminated.

Application for recusal of the Chairperson of the Central Electoral Commission shall be submitted to the Chairperson of the National Assembly, and the application for recusal from the positions of the Deputy Chairperson of the Central Electoral Commission or the Secretary of the Commission shall be submitted to the Chairperson of the Central Electoral Commission.

2. The fact of early termination of powers of the Chairperson of the Central Electoral Commission shall be stated by the Chairperson of the National Assembly no later than within 3 days after the receipt of the application, the announcement thereon shall be made at the upcoming session of the National Assembly. The powers of the Chairperson of the Central Electoral Commission shall be deemed early terminated upon statement of the fact by the Chairperson of the National Assembly.

The fact of withdrawal from the positions of the Deputy Chairperson of the Central Electoral Commission or the Secretary of the Commission shall be stated by the Chairperson of the Central Electoral Commission no later than within 3 days after the receipt of the application.

3. Deputy Chairperson of the Central Electoral Commission and Secretary of the Commission may be removed from the office thereof upon a decision adopted by at least 2/3 of the votes of the total number of members of the Commission.

In cases referred to in this part, the membership of the Deputy Chairperson of the Central Electoral Commission or the Secretary of the Commission to the Commission shall not be terminated.

4. The powers of the chairperson, deputy chairperson of the constituency electoral commission or the secretary of the commission shall be deemed terminated, if he or she has submitted an application for recusal from that position.

Chairperson, deputy chairperson of constituency electoral commission and secretary of the commission may be removed from the office thereof upon a decision adopted by at least 2/3 of the votes of the total number of members of commission.

In cases referred to in this part, the membership of the chairperson, deputy chairperson of the constituency electoral commission or the secretary of the commission to the commission shall not be terminated.

5. Chairperson and secretary of precinct electoral commission may be removed from their office upon a decision adopted by at least 2/3 of the votes of the total number of members of commission, only as a result of such an obvious omission on the day preceding the voting day or on the voting day, which may jeopardise the preparation of the voting, the smooth process of voting or the summarising of voting results. In that case the chairperson or the secretary of precinct electoral commission shall be appointed by the chairperson of constituency electoral commission from the composition of precinct electoral commission.

6. Powers of a member of electoral commission shall terminate early:

(1) where he or she is not eligible for appointment to the electoral commission;

(2) where a member of the Central Electoral Commission or constituency electoral commission has submitted an application for recusal from the position of member of commission;

(3) where the chairperson, secretary of precinct electoral commission or member of the commission has submitted an application for recusal from that position. Such application may be submitted to the chairperson of constituency electoral commission on the 5th day preceding the voting day, by 18:00;

(4) where he has been drafted;

(5) Where he or she is convicted of crimes provided for by Articles 210-224.1 of the Criminal Code of the Republic of Armenia, irrespective of whether the conviction is expunged or cancelled, or has been convicted of intentionally committed crime of medium gravity, grave or particularly grave crimes and the conviction is not expunged or cancelled, or detention as a measure of restraint has been imposed on him or her, or short-term imprisonment or imprisonment has been imposed thereon as punishment..

In cases provided for by points 1-5 of this part, the fact of early termination of powers in case of members of constituency and precinct electoral commissions shall be stated by the chairperson of a higher level commission.

The fact of early termination of powers of member of the Central Electoral Commission shall be stated by the Chairperson of the National Assembly no later than within 3 days after the receipt of the application, the announcement thereon shall be made at the forthcoming session of the National Assembly. The powers of a member of the Central Electoral Commission shall be deemed early terminated upon statement of the fact by the Chairperson of the National Assembly.

7. Where the member of constituency electoral commission has grossly violated provisions of this Code or has had 3 or more unexcused absences from the regular sessions of the constituency electoral commission within 2 calendar months, his or her powers may be early terminated upon a decision adopted by at least 2/3 of the votes of the total number of members of the Central Electoral Commission. In case a decision on incompatibility with the position held is adopted based on the results of double attestation, the powers of the member of the constituency electoral commission may be early terminated upon the decision adopted by at least 2/3 of the votes of the total number of members of the Central Electoral Commission.

8. Constituency electoral commission may early terminate the powers of the member of precinct electoral commission upon a decision adopted by at least 2/3 of the votes of the total number of members of commission, if the member of commission has grossly violated the provisions of this Code (except for the case of unexcused absence from the regular sessions of the precinct electoral commission). Such a request may be submitted to a constituency electoral commission by the chairperson of constituency electoral commission, by the political party having appointed him or her to the precinct electoral commission or the member of constituency electoral commission having proposed him or her.

(Article 45 amended, edited by HO-202-N of 7 May 2021, amended by HO-213-N of 9 June 2022, amended, supplemented by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 46.

Organising the activities of electoral commission

 

1. Activities of electoral commission shall be managed by the chairperson of the commission or — upon the assignment of or in the absence thereof — by the deputy chairperson of the commission, and in case of a precinct electoral commission — by the secretary of the commission.

2. The Chairpersons of the Central Electoral Commission and constituency electoral commissions shall prescribe the schedule for holding regular sessions. Precinct electoral commissions shall convene regular sessions within the time limits prescribed by this Code.

3. Extraordinary sessions of the Central Electoral Commission and the constituency electoral commission shall be convened by the chairperson of the commission — on his or her own initiative or upon written request of at least 1/3 of members of the commission — within the time limits indicated thereby, notifying the members of the commission through available means of communication. An extraordinary session of the precinct electoral commission shall be convened by the chairperson of the commission upon request of the chairperson of constituency electoral commission.

4. The session of the electoral commission shall have quorum if attended by more than half of members of commission. A member of commission shall be obliged to participate in the voting. A decision shall be adopted if more than half of the number of attending members of the commission vote for that decision, except for cases prescribed by this Code.

Besides the members of the Commission, the General Secretary of the Commission may put forward issues on the agenda of a session of the Central Electoral Commission as regards the financial and economic issues.

5. In the event of a tie during adoption of a decision on the election results, the chairperson of the commission shall have the casting vote.

6. Electoral commissions receive a registration book with numbered pages, sealed by a higher level commission.

The requirements with regard to the registration book, as well as the procedure for filling it in shall be prescribed by the Central Electoral Commission.

7. The registration book shall be used to record information on participation of the members of the commission in the sessions, as well as on presence of persons having the right to attend the sessions. The records shall be signed by the members of commission attending the session.

8. Members of electoral commissions, persons, the specialist having the right to attend the sessions of the commission (including on the voting day, in the voting room) (except for the voters and the police officers on duty at the polling station) shall be obliged to mandatorily carry visible identification badges on their outer clothing, certifying their right to be present. The chairperson of commission shall prohibit the presence of persons not having the right to be present at electoral commissions and during the voting also in the voting rooms, as well as of persons without a relevant identification on their outer clothing at the electoral commission (in the voting room).

9. Members of electoral commission shall be obliged to participate in the sessions of the commission.

10. Carbon copies of the decisions, protocols and records of registration books, as well as extracts therefrom (except for extracts from the lists of electors having participated in the voting, during the recount) shall be sealed and signed by the chairperson and the secretary of commission. Documents received from precinct electoral commission shall be sealed only on the voting day or on the day following the voting day prior to handing the seal over to the constituency electoral commission.

(Article 46 supplemented by HO-119-N of 30 June 2016, amended by HO-158-N of 20 October 2016, HO-70-N of 21 January 2020, HO-202-N of 7 May 2021)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

Article 47.

Specifics of administrative proceedings in the Central Electoral Commission and constituency electoral commission

(Title amended by HO-202-N of 7 May 2021)

 

1. Administrative proceedings in the Central Electoral Commission and the constituency electoral commission shall be conducted in accordance with the Law of the Republic of Armenia “On fundamentals of administrative action and administrative proceedings”, and according to the specifics and time limits prescribed by this Code.

2. The applicant or the complainant (hereinafter referred to as “the applicant”) shall be notified of the consideration of his or her application or complaint (hereinafter referred to as “the application”) at the Central Electoral Commission through placing information on the date and time of the consideration of the application on the website of the Commission. Where there are any means of electronic communication indicated in the application — i.e. phone number, electronic mail (hereinafter referred to as “electronic means of communications”) — the applicant shall be notified through such means as well, also where possible by sending a short text message.

An applicant shall be deemed notified of the consideration of the application at the constituency electoral commission, where a notice on the date and time of the consideration of application is posted at a place visible to all in the commission, and where a phone number is indicated in the application, the applicant shall be notified also through that means, also where possible by sending a short text message.

3. Participants of the proceedings may not seek recusal of the composition or a member of the electoral commission conducting the administrative proceedings, neither the member of the electoral commission conducting the administrative proceedings shall have the right to recuse himself or herself.

4. During the election period, taking into consideration the workload, the participants of administrative proceedings shall be introduced to the materials of the proceedings — before the session convened within the scope of the proceedings concerned — at the electoral commission conducting the proceedings. Brief minutes of the session shall be taken.

5. The administrative act adopted by the Central Electoral Commission shall enter into force upon publication thereof at the session. The administrative act adopted by the Central Electoral Commission shall be posted on the website of the Commission within the time limits prescribed by part 2 of Article 8 of this Code.

6. The administrative act adopted by constituency electoral commission shall enter into force upon publication thereof at the session. The administrative act adopted by constituency electoral commission shall be posted at a place visible to all in the constituency electoral commission within 24 hours after adoption of the act.

7. Within a 3-day period after adoption of the administrative act of the electoral commission, it shall be forwarded to the participants of the administrative proceedings attaching the delivery receipt to the case, where the participants of the proceedings have not received that act in the commission. Where the application is submitted jointly by more than one applicant, the adopted administrative act shall be forwarded to the 1st applicant indicated in the application.

8. The administrative proceedings shall not be suspended during the period of elections.

(Article 47 amended by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

Article 48.

Appealing decisions, actions and omissions of electoral commissions, filing an application for declaring the voting results in an electoral precinct as invalid or for declaring the election results as invalid

 

1. Decisions and actions (omissions) of the electoral commission may be appealed through administrative or judicial procedure. Where the decision, action (omission) of the electoral commission has been appealed through administrative and judicial procedure, the administrative proceedings shall be dismissed.

2. The procedure for appealing decisions, actions (omissions) of the electoral commission through judicial procedure shall be prescribed by the Administrative Procedure Code of the Republic of Armenia and the Law of the Republic of Armenia “On the Constitutional Court”.

3. The decision, action (omission) of the electoral commission may be appealed by:

(1) any person, if he or she finds that the subjective right of suffrage thereof prescribed by this Code has been violated or may be violated;

(2) a proxy, if he or she finds that his or her rights or the rights of principal thereof prescribed by this Code have been violated;

(3) an observer or a visitor, if he or she finds that the right thereof prescribed by this Code has been violated;

(4) a mass media representative, if he or she finds that the right thereof prescribed by this Code has been violated;

(5) an authorised representative of the political party running in elections, if he or she finds that the right thereof or the principal political party thereof or the candidate included in the electoral list of the political party, prescribed by this Code, has been violated.

4. Complaints against decisions adopted by the precinct electoral commission, actions or omissions thereof, except for the case prescribed by the second paragraph of this part, shall be submitted to the relevant constituency electoral commission within 2 days starting from the day when the applicant has known or should have reasonably known about the violation. Complaints referred to in this paragraph may be submitted to the relevant constituency electoral commission on working days, from 9:00 to 18:00, whereas on the voting day, from 9:00 to 19:00.

Complaints against the decisions adopted by, actions or omissions of the precinct electoral commission shall be submitted to the relevant constituency electoral commission during the voting day or the day following the voting, from 8:00 to 22:00 on the voting day or, from 12:00 to 18:00, on the day following the voting or, from 9:00 to 11:00, on the second day following the voting.

5. Decisions adopted by the constituency electoral commission based on election results may be appealed before the administrative court. Other decisions, as well as actions (omissions) of the constituency electoral commission may be appealed before the Central Electoral Commission within 3 calendar days starting from the day when the applicant has known or should have reasonably known about the violation. Complaints referred to in this part may be submitted to the Central Electoral Commission on working days, from 9:00 to 18:00, whereas on the day preceding the voting, from 9:00 to 19:00, on the voting day, from 8:00 to 22:00, on the day following the voting, from 12:00 to 18:00. Where the 3rd calendar day expires on a non-working day, except for the days preceding the voting, the voting day or the days following the voting, the complaint may be submitted the next working day, from 9:00 to 18:00.

6. Decisions of the Central Electoral Commission adopted based on the results of elections of the National Assembly may be appealed before the Constitutional Court. Other decisions, as well as actions (omissions) of the Central Electoral Commission may be appealed before the administrative court.

7. The constituency electoral commission and the Central Electoral Commission shall respond to the applications received after calling elections until the day preceding the voting day, and in cases prescribed by this Code adopt decisions thereon within a 5-day period but no later than before the start of the voting. The constituency electoral commission and the Central Electoral Commission shall respond to the applications received starting from the voting day until two days before the time limit prescribed for summarisation of results, by 18:00, and adopt decisions thereon in cases prescribed by this Code until the summarisation of election results, whereas during elections of the National Assembly the constituency electoral commission shall do so 1 day before the time limit prescribed for summarisation of election results.

8. Parts 9-18 of this Article define exceptions from the norms defined in parts 1-7 of this Article.

9. An application on declaring as invalid or revoked the registration of the electoral list of the political party running in elections and the candidate included in the electoral list of the political party may be submitted only by the political party running in elections.

10. An application on declaring as invalid or revoked the registration of the candidate for head of community or member of Council of Elders may only be submitted respectively by the candidate for head of community or member of Council of Elders.

11. An application on declaring as invalid or revoked the registration of the electoral list of the political party running in elections, the candidate included in the electoral list of the political party, the candidate for head of community or member of Council of Elders may only be submitted to the electoral commission that carried out the registration. The application must be submitted no later than 2 days before the voting day, by 18:00. The application on declaring as invalid or revoked the registration shall be considered and a decision thereon shall be adopted by the electoral commission within a 5-day period following the receipt of the application, but no later than the day before the voting, by 12:00.

The decision referred to in the first paragraph of this part may be appealed before the administrative court within 3 days starting from the day, when the applicant has known or should have reasonably known about the violation, but no later than the day before the voting, by 18:00. The administrative court shall adopt a decision within 5 days, but no later than the day before the voting.

12. Only the following shall have the right to submit an application on declaring as invalid the voting results in electoral precinct:

(1) the political party running in elections, the candidate included in the electoral list of the political party running in elections, the candidate for head of community or member of Council of Elders;

(2) the proxy, where, on the voting day, he or she has been present in the voting room or at the session of the precinct electoral commission for summarisation of results;

(3) member of the relevant precinct electoral commission.

13. The political party, the candidate for head of community or member of Council of Elders shall have the right to submit an application on declaring as invalid the election results.

14. An application on declaring as invalid the voting results in the electoral precinct may be submitted only to the relevant constituency electoral commission by a competent person on the day following the voting, from 12:00 to 18:00 or on the second day following the voting, from 9:00 to 11:00.

Where based on the result of consideration of application, the constituency electoral commission draws at a conclusion that violations of the requirements of this Code have taken place during the voting, which could have significantly affected the voting results, and where it is impossible to reveal the real results of the voting, the constituency electoral commission shall declare the voting results in electoral precinct concerned as invalid. In that case the materials shall be forwarded to the Prosecutor’s Office.

15. An application for declaring as invalid the election results may be submitted to the electoral commission summarising election results at least 2 days before the relevant time limit prescribed by this Code for summarisation of election results, by 18:00. Consideration of applications on declaring as invalid the election results shall be carried out within the period for summarising the election results, and a separate decision thereon shall not be adopted.

16. The following shall have the right to submit an application regarding voting instead of another person:

(1) authorised representative of the political party running in elections, the candidate for head of community or member of Council of Elders;

(2) proxy;

(3) member of the relevant precinct electoral commission;

(4) elector not having participated in the voting, next to whose data there is a signature, according to which he or she has participated in the voting.

The competent person shall submit the application regarding voting instead of another person to the relevant constituency electoral commission on the day following the voting, from 12:00 to 11:00 of the 3rd day following the voting.

Applications regarding voting instead of another person must be submitted separately, according to the persons being absent from the Republic of Armenia and not having participated in the voting, and according to those being in the Republic of Armenia and not having participated in the voting.

The electoral commission shall reject the institution of administrative proceedings based on the application regarding voting instead of another person and shall not examine the application on the merits, where the application has been submitted in violation of the provisions of this part.

17. The application regarding voting instead of another person shall be examined in observance of the fundamental principles of administrative action prescribed by the Law of the Republic of Armenia “On fundamentals of administrative action and administrative proceedings”.

When examining applications regarding voting instead of a person being absent from the Republic of Armenia, the constituency electoral commission shall:

(1) verify — through the Electronic Border Management Information System (hereinafter referred to as “EBMIS”) used by the Border Guard Troops of the National Security Service of the Republic of Armenia adjunct to the Government of the Republic of Armenia — information on the fact that the person referred to in the application is absent from the Republic of Armenia.

Where, based on the data available in the EBMIS, it is determined that the person, with regard to whom the application has been submitted, has crossed the border of the Republic of Armenia after the start of the voting, the application regarding that person shall be deemed to be groundless, and the administrative proceedings with respect to that part shall be dismissed.

Where, based on the data available in the EBMIS, it is determined that the person, with regard to whom the application has been submitted, has not crossed the border of the Republic of Armenia or has last crossed the border when entering the territory of the Republic of Armenia, the application for that person shall be deemed to be groundless, and the administrative proceedings with respect to that part shall be dismissed;

(2) establish whether the person, with regard to whom the application has been submitted, has been registered by means of technical equipment;

(3) verify also, in case of an elector registered by means of technical equipment and having an identification card, whether the fingerprint provided in the course of registration matches the fingerprint of that elector available in the electronic database of identification cards maintained by the authorised body.

Upon the request of the constituency electoral commission, the Police, the National Security Service and, where necessary, other bodies may be engaged in the organising of examination of applications regarding voting instead of another person.

Where there is no sufficient evidence proving participation by the given person in the voting, solely for rendering a decision based on the election results, it shall be considered that, applying the principle of presumption of reliability, voting instead of another person has taken place.

All the applications shall also be forwarded to the relevant law-enforcement body, regardless of the process of examination of the application at the constituency electoral commission.

18. The unambiguous statement of any person, according to which the elector has not participated in the voting and another person has voted instead of that elector, must be attached to the application regarding voting instead of another person.

The person making the statement must also confirm in writing and sign that he or she is aware of the criminal liability provided for making a false statement regarding voting instead of another person.

The statement must include the name, patronymic, surname, personal identification document number (in case of a passport, the serial number), address of the place of registration, address of the place of residence, where the latter differs from the address of the place of registration, the telephone number or electronic mail address of the person making the statement, the date of making the statement. The name, patronymic, surname of the person not having participated in the voting, the number of the electoral precinct, the list in which the elector is included, the number of the elector in the relevant list must also be mentioned in the statement. The statement shall be submitted in the original, signed solely by the person making the statement.

The person submitting the application must also confirm in writing and sign that he or she is aware of the criminal liability provided for submitting, attached to the application, a statement with false signature regarding voting instead of another person. The statement shall be considered as a statement with false signature, where it has been signed not by the person on behalf of whom the statement is made, or it has been signed on behalf of a fictitious person. The requirement prescribed by this paragraph shall not extend to the case when the person submitting the application and the person making the statement are the same person.

The application regarding voting instead of another person shall be submitted in the original, signed solely by the applicant. The application must contain the name, patronymic, surname, address of the place of registration, address of the place of residence, where the latter differs from the address of the place of registration, the phone number or electronic mail address of the applicant, the list of the documents attached, the date of submission of the application. Carbon copy of the document certifying the status of the applicant must be attached to the applications submitted by the persons prescribed by points 1-3 of part 16 of this Article.

Forms of application, statement regarding voting instead of another person, as well as forms on being informed of the criminal liability provided for making a false statement regarding voting instead of another person and submitting a statement with false signature attached to the application regarding voting instead of another person shall be approved by the Central Electoral Commission and posted on the website of the Commission with the possibility to download.

In case of absence of required documents to be attached to the application or in case of inconformity with the prerequisites prescribed by this part for the application or the statement, the initiation of administrative proceedings based on the application shall be rejected. Where the same person has submitted more than one application regarding voting instead of another person, or data of more than one person on voting instead of other persons are indicated in one application, and the check reveals that at least one false statement regarding voting instead of another person or at least one statement with false signature regarding voting instead of another person is attached to the application, further consideration of applications submitted by that person shall be terminated, the administrative proceedings shall be dismissed, and all the materials shall be submitted to the relevant law enforcement body. Previously checked and verified information regarding voting instead of another person shall be taken into account for rendering a decision based on the election results.

(Article 48 amended by HO-119-N of 30 June 2016, amended, supplemented by HO-158-N of 20 October 2016, amended by HO-202-N of 7 May 2021)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

Article 48.1.

Review of decisions of electoral commissions by the Central Election Commission on its own initiative

 

1. The Central Electoral Commission shall have the right, in the manner of supervision and on its own initiative, to review a decision of a constituency electoral commission within six months following the adoption of such decision, except for decisions adopted based on election results, as well as decisions concerning the registration of electoral lists of political parties (alliances of political parties) (and the candidates included therein), the registration of candidates, the refusal of registration, revocation of or declaring as invalid the registration.

2. In case the decision of the constituency electoral commission is challenged through judicial procedure, the Central Electoral Commission shall dismiss the administrative proceedings.

(Article 48.1 supplemented by HO-505-N of 5 December 2024)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 49.

Requirements for applications. Procedure for consideration of applications at electoral commissions. Burden of proof

 

1. Application submitted to electoral commissions must be signed by the applicant, contain his or her name, surname, address of the applicant, date of submission. Application may contain also the telephone number, electronic mail of the applicant. Application must contain the statement of request of the applicant, substantiations provided thereby. Any available evidence must be attached to the application.

The application may be submitted electronically or in hard copy. Where an application is submitted through a representative, a power of attorney issued as prescribed by law must also be submitted. The Central Electoral Commission shall establish the procedure for submission of applications electronically.

Carbon copy of the document (the certificate of the established sample) certifying the status of the applicant must be attached to applications submitted by the candidate, proxy, observer, mass media representative, member of electoral commission, authorised representative.

Applications not containing any data or containing false data concerning the applicant, applications submitted in abuse of a right, applications submitted by a non-competent person, as well as applications submitted in violation of requirements prescribed by paragraph 2 of this part shall not be considered, administrative proceedings shall not be initiated based thereon and electoral commissions shall render decisions on rejecting the initiation of administrative proceedings. In this case, the electoral commission shall have the right to conduct administrative proceedings on its own initiative.

2. Where an application contains formal mistakes that may be corrected, the electoral commission shall correct them itself and notify the applicant thereon before or after taking the action or shall give an opportunity to the applicant to correct those mistakes, prescribing a reasonable time limit. Where the list of documents attached to the application is not complete, the electoral commission shall prescribe a reasonable time limit to complete it. Where the mistakes are not corrected or the documents are not completed within the specified time limit, the applications shall not be considered; administrative proceedings based thereon shall not be instituted, and the electoral commission shall adopt a decision on rejecting the institution of administrative proceedings. In this case, the electoral commission shall have the right to conduct administrative proceedings on its own initiative.

3. The applicant shall address the application to the electoral commission, which has jurisdiction to resolve the issue raised. Where a deadline for submitting the application is provided for by this Code, the application shall be deemed submitted by the due date, if it has been submitted to the relevant electoral commission prior to the deadline. Applications submitted to the non-competent electoral commission or late applications shall not be considered and shall be returned to the applicant with a letter, indicating the cause thereof.

4. The chairperson of commission shall address the application submitted within a due time limit to the member of commission and shall distribute carbon copies of the application among other members of commission. Issues raised in the application shall be examined by the members of commission. Each member of commission shall have the right to submit a draft decision on the application to be considered at the session of the commission. If any member of commission fails to submit a draft decision on rejecting the initiation of administrative proceedings, the administrative proceedings shall be deemed to have been initiated. In case of rejecting the initiation of administrative proceedings, the response to the application shall be sent to the applicant with the signature of the chairperson of the commission.

5. In case of initiation of administrative proceedings, the applicant shall have the right to participate in the consideration of his or her application at the session of the commission, provide substantiations, deliver a speech.

6. In case of appealing decisions, actions (omissions) of electoral commissions to higher level electoral commissions, the party having brought the complaint shall bear the burden of proof of the factual circumstances that it has submitted, and the electoral commission — the burden of proof of the factual circumstances that underlie the decision thereof. The electoral commission considering the complaint shall ex officio seek evidence. The rules prescribed by this part shall also refer to applications on declaring as invalid the voting results in electoral precinct or declaring as invalid the election results.

7. The response to the application for obtaining information shall be sent to the applicant with the signature of the chairperson of the commission. Where the required information or the document copy is posted on the website of the commission, the applicant shall be informed thereon and shall not be provided with photocopies or extracts therefrom.

8. Electoral commissions shall take appropriate measures with regard to issues requiring urgent solution. In such cases adopting decisions in the form of a separate act shall not be binding.

(Article 49 supplemented by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

Article 50.

Recount of voting results

 

1. The candidate included in the list of the political party running in elections or the candidate for head of community or member of Council of Elders or the proxy, where they have been present at the process of summarising the voting results in the electoral precinct, as well as the member of precinct electoral commission shall have the right to appeal the voting results in the electoral precinct concerned in the manner and within the time limits specified by this Code, filing an application for recount of the voting results at the electoral precinct (hereinafter referred to as “the recount”) to the constituency electoral commission.

Application for recount of the voting results in the electoral precinct may be submitted only to the relevant constituency electoral commission on the day following the voting, from 12:00 to 18:00, or on the second day following the voting, from 9:00 to 11:00.

A request for recount of the voting results in the electoral precinct may also be submitted upon the substantiated decision of the Central Electoral Commission up to 3 days prior to the time limit for summarising the voting results.

1.1. On the second day after the voting —after the expiry of the deadline set for submitting an application for recount up to the time limit for launching the recount activities — the constituency electoral commission shall, in its session, by drawing of lots carried out as prescribed by the Central Electoral Commission, randomly select 3 electoral precincts located in their service area where the registered voting results must be recounted by the constituency electoral commissions. In case of availability of less than 10 electoral precincts in the service area of the constituency electoral commission, a random recount shall be carried out only at one electoral precinct. In case the precincts mentioned in applications for recount match with electoral precincts selected as a result of drawing of lots, no additional drawing of lots shall be carried out. An entry shall be made in the registration book with regard to the electoral precincts selected by drawing of lots.

2. Application for recount shall contain the name, surname, address of the applicant, and the number of the electoral precinct where the recount is requested, as well as the voting results (if several votings have been held simultaneously) for which the recount is requested. Evidence on erroneous summarisation of the voting results may be attached to the application. The application for recount must be signed by the applicant.

3. Where several votings have been held simultaneously, a member of precinct electoral commission may submit an application for recount only with regard to the voting results, in the protocol of which he or she has made a record on having a special opinion.

4. Where several votings are held simultaneously, a separate application for recount of results of each voting shall be submitted.

5. Constituency electoral commission shall record the submitted applications for recount in the registration book, indicating the date of receipt.

6. Recount process shall start at 14:00 on the day of the deadline prescribed for the receipt of recount applications and shall be completed at 14:00 of the 5th day following the voting day (hereinafter referred to as “the deadline for recount”). While carrying out the recount, the electoral commission shall work 7 days a week, from 9:00 (except for the case prescribed by this part) to 18:00. The electoral commission shall continue the recount after 18:00 if it has failed to complete the already started recount for the electoral precinct, as well as in cases where, by working till 18:00, it is not possible to complete the recount of the voting results at the electoral precinct conducted in the second place, prescribed by part 7 of this Article before the deadline for recount.

7. Constituency electoral commission shall in the first place recount the voting results of all those electoral precincts, concerning which a recount application has been submitted. Constituency electoral commission shall in the second place recount the voting results of all those electoral precincts on which, it believes, sound evidence on erroneous summarisation of the voting results has been submitted, as well as it shall recount the voting results of all those electoral precincts, the examination of protocols whereof (including examination of inaccuracies) has made the constituency electoral commission doubtful as to the erroneous summarisation of the results, or there is a record in the registration book of that precinct electoral commission on impossibility to print the statement of information prescribed by point 3 of part 2 of Article 68 of this Code. The constituency electoral commission shall in the third place recount the voting results of the electoral precincts selected by drawing of lots. For each phase, the constituency electoral commission shall decide, by drawing of lots, the sequence of the recount of the voting results in electoral precinct.

8. Upon the request submitted on the basis of the decision of the Central Electoral Commission, the recount of the voting results in the electoral precinct shall be conducted immediately after receiving the decision.

9. Applicant’s withdrawal of the application for recount of the voting results in the electoral precinct shall not serve as a basis for not carrying out the recount.

10. The recount shall be carried out in accordance with the requirements prescribed by this Code for summarising the voting results in an electoral precinct, except for the number of self-adhesive stamps and numbered pass, and a protocol on the recount of voting results in the electoral precinct shall be drawn up, the lines indicating the “number of self-adhesive stamps allocated to the precinct electoral commission” and the “number of numbered passes allocated to the precinct electoral commission” shall be filled in with figures recorded by the precinct electoral commission unless there are obvious mechanical mistakes found therein.

When carrying out recount, the validity of ballot paper shall be determined in accordance with the requirements of this Code.

Persons having the right to attend the session of the commission shall, upon their request, be provided with carbon copies of protocols on the recount of voting results in the electoral precinct.

11. In case of heavy workload, the constituency electoral commission may carry out recount of voting results of the electoral precinct with at least 3 members of the commission, in parallel. When carrying out recount of voting results with at least 3 members of the commission, the responsibilities of the chairperson of precinct electoral commission prescribed by this Code for summarising the voting results shall be carried out by the deputy chairperson of constituency electoral commission or the secretary of commission, and where they are not included in that composition — by the member appointed by the chairperson of constituency electoral commission.

12. Duration of the recount of voting results of one electoral precinct may not exceed 3 hours.

13. Members of respective precinct electoral commission, persons having the right to attend the sessions of the electoral commission, the candidate may be present during the recount process of voting results of the electoral precinct.

14. During the recount of voting results of the electoral precinct, the candidate, the proxy and the person having submitted an application for recount shall have the right to get acquainted with the lists of electors having participated in the voting, along with other documents, to independently make extracts. Proxies, observers, mass media representatives may photograph, videotape the recount activities.

15. The absence of the applicant requesting the recount shall not serve as a basis for not carrying out or terminating the recount.

16. The constituency electoral commission shall reject the application for recount of voting results of the electoral precinct, and the recount shall not be carried out where the recount has been requested in violation of the provisions of this Article.

(Article 50 amended by HO-119-N of 30 June 2016, HO-158-N of 20 October 2016, amended, supplemented, edited by HO-202-N of 7 May 2021, HO-505-N of 5 December 2024)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

CHAPTER 9

 

FUNCTIONS AND POWERS OF ELECTORAL COMMISSIONS

Article 51.

Functions and powers of the Central Electoral Commission

 

1. The Central Electoral Commission is an independent state authority which shall organise the elections of the National Assembly and local self-government bodies, referenda, as well as exercise supervision over the lawfulness thereof.

2. The Central Electoral Commission shall:

(1) exercise supervision over using state budget funds allocated for preparing and holding elections;

(2) adopt the rules of procedure thereof and the rules of procedure of lower electoral commissions;

(3) organise and conduct the professional courses for holding elections, establish the procedure for organising professional courses and issuing qualification certificates;

(4) exercise supervision over the uniform application of this Code;

(5) prescribe the forms and samples of ballot papers, ballot envelopes, protocols and other election related documents, the procedure for filling in and keeping thereof, provide the electoral commissions with necessary election related documents;

(6) prescribe the standard forms of documents necessary for registration of candidates, electoral lists of political parties running in elections;

(7) adopt decisions — within the scope of powers thereof — that are binding throughout the Republic;

(8) abolish, declare as repealed, invalid, or revoke the decisions of electoral commissions, which are in conflict with this Code, except for the decisions of constituency electoral commissions on being elected as members of the Council of Elders of communities in which elections are held through the proportional electoral system (except for Yerevan), on being elected as head of community or members of the Council of Elders;

(9) hear the communications of electoral commissions and state authorities on preparing and holding elections;

(10) accredit mass media representatives, the observers;

(11) register the elected Deputies of the National Assembly, the elected members of the Council of Elders of Yerevan, issue a relevant certificate for them;

(12) call new elections of the Council of Elders of Yerevan;

(13) adopt decisions provided for by this Code, provide clarifications concerning each issue related to the electoral processes in cases where the relevant function is not reserved to other responsible authorities, as well as adopt decisions which are not in conflict with this Code, with the view of regulation of electoral processes;

(14) develop and publish training materials for the members of electoral commissions, specialists, candidates, proxies, observers and electors;

(15) prescribe the procedure for drawing of lots at the electoral commissions;

(16) approve the sample ballot box and the technical specifications;

(17) raise public awareness about elections;

(18) register the electoral lists of political parties running in elections of the National Assembly and the Council of Elders of Yerevan, issue a certificate in the form established by the Central Electoral Commission for the candidates included in the lists;

(19) may establish institutions as prescribed by law;

(20) give binding instructions ensuring the implementation of this Code;

(21) revoke the qualification certificate for being included in an electoral commission, where the person having received the relevant certificate has violated the requirements of this Code;

(22) prescribe the procedure for the service and operation of the technical equipment, as well as for the usage and maintenance of memories of that equipment;

(23) prescribe types of identification documents of electors not holding citizenship, which may be used during elections of local self-government bodies;

(24) prescribe types of identification documents of electors who are in a penitentiary institution;

(24.1) register the initiating group for holding referenda and terminate registration;

(24.2) establish the forms of sheets for collecting signatures for the purpose of holding referenda and the procedure for filling in the sheets;

(24.3) establish the form of the announcement — issued through a notarial procedure — for joining the collection of signatures on the spot;

(24.4) establish the procedure for approval of the validity of the signatures for the purpose of holding referenda;

(24.5) establish the procedure for providing halls and other buildings to the parties to campaigning for referenda;

(24.6) establish the procedure for providing free and paid airtime through the mass media to the parties to campaigning for referenda, the number of hours and timetable of airtime;

(24.7) approve the validity of signatures collected for the purpose of holding referenda;

(25) perform other powers provided for by this Code.

3. The Chairperson of the Central Electoral Commission or any member of the Central Electoral Commission, upon his or her assignment, shall submit a communication in accordance with the procedure prescribed by the Law of the Republic of Armenia “Rules of Procedure of the National Assembly” on the activities of the Central Electoral Commission.

This communication shall be posted on the website of the Central Electoral Commission.

4. The Central Electoral Commission may apply to the Government of the Republic of Armenia, to the National Assembly proposing legislative amendments aimed at the improvement of the election process.

5. The Central Electoral Commission may adopt a decision on organising and holding, as a pilot project, voting for the elections of local self-government bodies in separate communities with technical equipment. While implementing a pilot project, depending on technical equipment or technological features, the Central Electoral Commission shall be entitled to define a new procedure for organising and holding the voting at elections of local self-government bodies, as well as for summarising the results.

6. The pilot project, provided for by part 5 of this Article, may be implemented in communities with no more than 10 000 electors, and no more than in ten communities annually.

(Article 51 amended by HO-119-N of 30 June 2016, supplemented by HO-318-N of 4 May 2018, HO-348-N of 13 June 2018, amended by HO-333-N of 18 June 2020, supplemented, amended, edited by HO-202-N of 7 May 2021, amended by HO-505-N of 5 December 2024)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 52.

Powers of constituency electoral commission

(Title amended by HO-202-N of 7 May 2021)

 

1. Constituency electoral commission is a standing state authority. Constituency electoral commission shall:

(1) exercise supervision over fulfilment of the requirements of this Code at a district under the service thereof;

(2) approve the samples of ballot papers for elections of local self-government bodies organised thereby;

(3) prescribe the serial numbers of electoral precincts in compliance with the procedure prescribed by the Central Electoral Commission and submit such data to the Central Electoral Commission within a 2-day period;

(4) provide information to the Central Electoral Commission on its own activities and the activities of precinct electoral commissions, including violations detected and the undertaking of measures prescribed by the legislation for the elimination thereof, as well as the statements recorded by the member of the commission, proxy or observer in the registration book;

(5) consider the applications with regard to the decisions, actions and omissions of precinct electoral commissions, review or abolish the decisions of precinct electoral commissions which are in conflict with this Code;

(6) publish, in cases prescribed by this Code, preliminary voting results by electoral precincts, based on the data in protocols of precinct electoral commissions;

(7) organise and hold elections of local self-government bodies at communities included in the district under the service thereof and summarise their results;

(8) monitor the process of posting the lists of electors for public information purposes at electoral precincts;

(9) control the relevant furnishing of the voting rooms in accordance with the requirements of this Code;

(10) register electoral lists of political parties running in elections of local self-government bodies (except for the Council of Elders of Yerevan), as well as candidates for head of community and member of Council of Elders; issue a certificate, in the sample established by the Central Electoral Commission, to candidates included in the electoral lists of political parties and to candidates for head of community and member of Council of Elders;

(11) register members of Council of Elders of communities elected through the proportional electoral system (except for the Council of Elders of Yerevan) and issue a certificate in the sample established by the Central Electoral Commission;

(12) declare the voting results at the electoral precinct as invalid;

(12.1) register the initiating group for holding a local referendum and terminate registration in the cases and as prescribed by the Law of the Republic of Armenia “On local referendum”;

(12.2) approve, in the cases and as prescribed by the Law of the Republic of Armenia “On local referendum”, the validity of the signatures collected for the purpose of holding a local referendum;

(13) perform other powers provided for by this Code.

(Article 52 supplemented by HO-348-N of 13 June 2018, amended, edited by HO-333-N of 18 June 2020, HO-202-N of 7 May 2021)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

Article 53.

Powers of precinct electoral commission

 

1. Precinct electoral commission shall:

(1) organise the voting of elections and referenda, summarise the voting results at the electoral precinct;

(2) prepare a protocol on voting results at the electoral precinct;

(3) submit the seal of the commission, the registration book, 2 copies of the protocol on voting results, the technical equipment, the disposable sack for election related documents (hereinafter referred to as “the sack”) and the ballot box to the constituency electoral commission.

(Article 53 supplemented by HO-348-N of 13 June 2018, amended by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 54.

Transfer and acceptance of election related documents and other supplies at electoral commissions

 

1. Election related documents and other supplies shall be transferred at the electoral commissions through signing by the persons who have transferred and accepted them, and by providing a receipt.

2. Chairpersons of electoral commissions shall be responsible for the storage of election related documents, technical equipment, stationery and other supplies allocated to electoral commissions.

3. After summarising the voting results, the election related documents of a precinct electoral commission shall be deposited in the State Archive of the Republic of Armenia for maintenance in the manner prescribed.

 

Article 55.

Co-operation of electoral commissions and the Police

 

1. Central and regional bodies of the Police, their services and subdivisions shall be obliged to ensure the smooth process of elections, the unimpeded activities of electoral commissions and the members thereof. The police shall maintain due order during election related events, provide support to the commissions upon request of the chairperson of electoral commission, ensure safe transportation and maintenance of election related documents at electoral commissions.

 

CHAPTER 9.1

(Chapter supplemented by HO-505-N of 5 December 2024)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

STRUCTURE OF THE CENTRAL ELECTORAL COMMISSION AND THE WORKING GROUPS ESTABLISHED THEREBY

Article 55.1.

Structure of the Central Electoral Commission

1. The structure of the Central Electoral Commission shall include the positions of the Chairperson of the Central Electoral Commission, Deputy Chairperson of the Commission, Secretary of the Commission and members, Secretary General, Deputy Secretary General, Press Secretary of the Central Election Commission, Advisors, Assistant to the Chairperson of the Commission, Assistant to the Deputy Chairperson of the Commission, Assistant to the Secretary of the Commission, Assistant to the member of the Commission, Assistant to the Secretary General and the structural subdivisions.

 

Article 55.2.

Management of structural subdivisions of the Central Electoral Commission

1. Management of the structural subdivisions of the Central Electoral Commission shall be carried out by the Chairperson of the Central Electoral Commission.

2. The Central Electoral Commission shall:

(1) establish the internal disciplinary rules in the Central Electoral Commission;

(2) establish the procedure for paperwork (document circulation) in the Central Electoral Commission;

(3) establish the procedure for conducting competition for holding a vacant position of the civil service in the Central Electoral Commission based on the Law “On Civil Service”;

(4) establish the procedure for and method of issuing permits for entry into the administrative building of the Central Electoral Commission;

(5) exercise other powers related to the management of the structural subdivisions of the Central Electoral Commission prescribed by this Code and other laws of the Republic of Armenia.

 

Article 55.3.

Working groups established by the Central Electoral Commission

1. During the election period (until the final judicial act on the appeal of the election results enters into force), working groups may be established within the Central Electoral Commission upon decision of the Central Electoral Commission to collect additional information on elections, to verify the reliability of the available information, to provide clarifications or information thereon, to co-ordinate the information and submit it to the Central Electoral Commission, as well as to perform other separate functions arising from the listed functions and to resolve issues.

2. The composition, functions and tasks of the working groups being established shall be approved by the Central Electoral Commission.

 

SECTION 3

 

VOTING

 

SUMMARISATION OF VOTING RESULTS

 

CHAPTER 10

 

ORGANISATION OF VOTING

 

Article 56.

Place and time of voting

1. Voting shall be held only at the polling stations formed within the territory of the Republic of Armenia, from 8:00 to 20:00, except for the cases prescribed by this Code. Electors who are present in the voting room at 20:00, but have not yet voted, shall have the right to vote.

2. During elections of the National Assembly, the voting for electors undergoing inpatient treatment in medical institutions providing inpatient care, who are unable to visit the polling stations on the voting day on their own and for military servant electors undergoing inpatient treatment in military medical institutions, shall be organised in a medical institution providing inpatient care and in a military medical institution through a mobile ballot box.

The voting in a medical institution providing inpatient care and in a military medical institution shall be held subject to the principle of secrecy of voting, as prescribed by the Central Electoral Commission. Proxies, observers, visitors, mass media representatives may also be present in the organisation of voting in a medical institution providing inpatient care and in a military medical institution. The voting in a medical institution providing inpatient care and in a military medical institution shall be organised so that it is completed by 18:00.

 

Article 57.

Voting room

1. Voting shall be held in a room specially furnished for that purpose, with one room for each electoral precinct.

2. The voting room shall be — to the maximum extent possible — spacious and meet the following requirements:

(1) shall enable to ensure, during the entire voting process, the regular work of members of precinct electoral commission, specialist and persons having the right to be present in the voting room (including members of precinct electoral commission, specialist and persons having the right to be present in the voting room with disabilities, as well as with mobility (locomotor) difficulties);

(2) shall enable members of the precinct electoral commission, as well as persons having the right to be present in the voting room to keep within eyeshot the technical equipment, ballot box, the voting booths (provided that the secrecy of voting is not violated), and the space between the voting booths and the ballot box.

3. Furnishing of the voting room must be completed by 24:00 of the day preceding the voting day.

4. Furnishing of the voting room may not be such or undergo such changes so that it contradicts the requirements of this Article.

(Article 57 supplemented by HO-202-N of 7 May 2021, HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 58

Voting booths

1. Booths shall be provided for voting; the number of booths being determined upon the following ratio — at least 1 booth for 600 electors.

2. The voting booth shall be assembled in such a way that the elector is able to vote privately from the persons present in the voting room, and that there is sufficient lighting, a pen (except for in case of elections of the National Assembly and the Councils of Elders of communities, in which elections are held through the proportional electoral system), and a box for unused ballot papers when holding voting by separate ballot papers for each political party.

3. Voting booths shall be placed within at least 1 metre distance from each other and they shall be placed in such a position that the elector has his or her face turned to the commission and the movement of people behind the elector and any possibility of control over the free expression of the will of an elector is excluded during the voting.

4. The shape of the voting booth must enable voters with disabilities, as well as those with mobility (locomotor) difficulties, to exercise their right to elect without hindrance, while maintaining the secrecy of the voting.

5. During elections, constituency electoral commissions shall be provided with additional means (Braille templates, etc.) for independent voting by persons with visual impairments, and during elections of the head of the community and a member of the Council of Elders elected through the majoritarian electoral system, they shall also be provided with magnifying glasses. The Central Election Commission shall ensure the acquisition of additional means (including the printing of Braille templates and the acquisition of magnifying glasses).

(Article 58 supplemented by HO-171-N of 1 April 2021, supplemented, amended by HO-202-N of 7 May 2021, amended by HO-311-N of 14 July 2022, amended, supplemented by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-311-N of 14 July 2022 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 59.

Ballot paper, ballot envelope, self-adhesive stamp

1. The sample of the ballot paper shall be established by the relevant electoral commission in such a way as to ensure secrecy of voting. The ballot paper must contain a notice on the procedure for voting.

2. The ballot envelope shall be made from opaque paper. The sample and sizes of the ballot envelope shall be established by the Central Electoral Commission in such a way as it enables the self-adhesive stamp to be posted on the ballot paper in the envelope.

3. A self-adhesive stamp shall be a typographically printed stamp with protective layers, which bears the name of the election, the date of the voting and the number of the electoral precinct. The self-adhesive stamp shall be subject to special registration.

4. The printing of ballot papers, ballot envelopes and self-adhesive stamps shall be ensured by the Central Electoral Commission.

5. The ballot papers shall be printed no earlier than 8 days and no later than 3 days before the voting day, on the basis of statement of information on the number of electors, provided by the authorised body 8 days before the voting day.

Self-adhesive stamps shall be printed for each precinct by rounding the number of electors in the electoral precinct up to the nearest hundred.

6. During elections, ballot papers, ballot envelopes shall be allocated to precinct electoral commissions on the day preceding the voting day, in a quantity exceeding the number of electors by up to 5 per cent, but no less than 10 more than the number of electors in the electoral precinct. The whole run of self-adhesive stamps printed for the given electoral precinct shall be allocated on the day preceding the voting day to the relevant precinct electoral commission.

7. During elections of the National Assembly, in case the registration of the electoral list of the political party or alliance of political parties running in elections is declared as invalid or revoked after the ballot papers have been printed, the ballot papers of that political party (alliance of political parties) shall be removed from the voting and cancelled as prescribed by the Central Electoral Commission. Where, as a result of declaration as invalid or revocation of registration of electoral list of political parties or alliances of political parties only one political party or alliance of political parties runs in the voting, a separate ballot paper with also “against” voting option shall be printed upon the decision of the Central Electoral Commission.

8. During elections of the head of community and member of the Council of Elders, in case the registration of a candidate is declared as invalid or revoked, the name of the candidate shall be removed from the ballot papers as prescribed by the Central Electoral Commission. Where, as a result of declaration as invalid or revocation of registration of electoral list of political parties or alliances of political parties during the elections of Council of Elders of communities held through the proportional electoral system, only one political party or alliance of political parties runs in the voting, a separate ballot paper with also “against” voting option shall be printed upon the decision of the relevant electoral commission. During elections of the Council of Elders of community held through the proportional electoral system, in case the registration of the electoral list of the political party or alliance of political parties running in elections is declared as invalid or revoked after the ballot papers are printed, the ballot papers of the given political party (alliance of political parties) shall be removed from voting and be cancelled as prescribed by the Central Electoral System.

(Article 59 amended by HO-333-N of 18 June 2020, HO-171-N of 1 April 2021, edited, supplemented by HO-202-N of 7 May 2021, amended by HO-311-N of 14 July 2022, edited by HO-505-N of 5 December 2024)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-311-N of 14 July 2022 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 60.

Seal, individual seal of the member of precinct electoral commission, ballot box, technical equipment

1. Samples of the seals of electoral commissions and of the individual seals of members of precinct electoral commission shall be approved by the Central Electoral Commission. They shall be prepared upon the order by the Central Electoral Commission.

2. The seal of a precinct electoral commission must bear a 4-digit number.

3. The precinct electoral commission shall be provided with technical equipment for registration of electors.

The technical equipment must contain the electronic list of electors. The technical equipment must be furnished with software for registering the voting participants, excluding their double registration and other type of software prescribed by the Central Electoral Commission. At least 20 days before the voting for elections of the National Assembly, the technical equipment software must be accessible to representatives of political parties running in elections for conducting technical audit. Preparation of the electronic list of electors for installation in the technical equipment shall be subject to oversight by representatives of political parties running in elections of the National Assembly. Technical audit and oversight over the preparation of the electronic list shall be organised as prescribed by the Central Electoral Commission.

For the purpose of ensuring maintenance of the technical equipment in precinct electoral commissions, the Central Electoral Commission shall — for each precinct electoral commission — engage up to 4 specialists, on a contractual basis.

A person who meets the requirements prescribed by the Central Electoral Commission for professional knowledge and job skills, has command of the Armenian, has attained the age of 18 may be a specialist who provide maintenance of technical equipment. Public servants may be engaged as specialists as well. The procedure for the selection, training and testing of professional knowledge and job skills of specialist maintaining the technical equipment shall be prescribed by the Central Electoral Commission. The requirements for incompatibility for the specialist maintaining the technical equipment may be prescribed exclusively by this Code. The status of the specialist maintaining the technical equipment shall not be considered as violation of requirements for incompatibility prescribed by other laws and legal acts.

Remuneration of the specialist shall be established in the amount of 120 per cent of the nominal amount of the minimum monthly salary prescribed by the legislation of the Republic of Armenia. Remuneration shall be made after the summarisation of election results.

4. The Central Electoral Commission shall transfer seals of precinct electoral commissions to constituency electoral commissions no earlier than 5 days and no later than 3 days before the voting day in such a way that each electoral precinct is provided with one seal, carrying out solely quantitative counting of the transferred seals.

5. The constituency electoral commission shall transfer the seal to chairpersons of precinct electoral commissions on the day preceding the voting, each chairperson shall get one seal. The constituency electoral commission shall, in the quantity established by the Central Electoral Commission, transfer technical equipment (with downloaded electoral lists of electors) to chairpersons of precinct electoral commissions on the day preceding the voting. The procedure for using more than one technical equipment in the precinct electoral commission shall be prescribed by the Central Electoral Commission.

6. The seals of precinct electoral commissions shall be submitted to the Central Electoral Commission within a 3-day period after the end of voting.

In case of holding a second round of election, repeat voting or a new regular or a new election, new seals shall be provided to precinct electoral commissions.

7. Members of precinct electoral commissions shall be provided with distinctive individual seals on the day preceding the voting, by drawing of lots. After the end of voting, individual seals shall be packed and placed in the sack.

8. At least one ballot box shall be allocated to each precinct electoral commission. More than one ballot box may be used in a precinct electoral commission as prescribed by the Central Electoral Commission.

(Article 60 amended by HO-202-N of 7 May 2021, supplemented by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 61.

Preparation for voting

1. Preparation for voting shall be carried out by precinct electoral commissions.

2. Self-adhesive stamps and the seal shall be stored in a fire-resistant safe located in the voting room. The procedure for storing election related documents, technical equipment and other supplies shall be established by the Central Electoral Commission.

3. During the voting, the chairperson of the precinct electoral commission shall be obliged to ensure compliance with the requirements of this Code and maintain necessary order in the polling station.

4. The ballot box, the technical equipment, the desks of commission members shall be located in places visible to persons having the right to be present in the voting room.

5. Names of the political parties and alliances of political parties running in elections, in the order of the numbers of ballot papers, and the electoral lists thereof shall be posted in the voting room or at its entrance. In the case of an alliance of political parties, the names of all member political parties of the alliance shall also be indicated in brackets under the name of the alliance.

(Article 61 amended by HO-171-N of 1 April 2021, HO-202-N of 7 May 2021, edited by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 62.

Organisation of voting in diplomatic and consular representations

1. Electors who are on diplomatic service in diplomatic or consular representations of the Republic of Armenia, as well as members of their families residing abroad with them and having the right to elect, in case of being outside of the territory of the Republic of Armenia, on the voting day, may participate in elections of the National Assembly by voting electronically in the manner and within the time limits prescribed by the Central Electoral Commission. The Central Electoral Commission shall be obliged to establish such terms for electronic voting that would ensure free expression of will of voters and secrecy of voting. Electors voting electronically shall give their votes only to political parties running in elections.

2. Electronic voting may be held after the end of the time limit prescribed for registration of the electoral lists for the political parties running in elections of the National Assembly, but no later than 5 days before the voting day.

3. The provisions of this Article shall also extend to military servicepersons seconded for a long period of time to foreign states or those studying there.

(Article 62 edited by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 63.

Organisation of voting in facilities for holding arrested persons and penitentiary institutions

1. Arrested electors shall participate in the voting as prescribed by the Central Electoral Commission, through a mobile ballot box. The voting of arrested electors shall be organised so that it ends by 18:00.

2. Voting in penitentiary institutions shall be prepared and organised by the head of the penitentiary institution, as prescribed by this Code and by the Central Electoral Commission. Voting in penitentiary institutions shall be held after 9:00, depending on the number of persons having the right to elect. The Central Electoral Commission shall establish, for each penitentiary institution, the time for beginning of voting so that it ends at 20:00.

3. The precinct electoral commissions operating in penitentiary institutions shall not be provided with technical equipment. Voting in these institutions shall be held as prescribed by the Central Electoral Commission.

 

CHAPTER 11

 

VOTING PROCEDURE

 

Article 64.

Actions of precinct electoral commission before the voting

1. On the voting day, at 7:00, at the session held at the polling station, the precinct electoral commission shall, by drawing of lots, decide upon:

(1) members of the commission carrying out registration of electors — at least 1 member per up to 1 100 electors;

(2) members of the commission allocating ballot papers and ballot envelopes — at least 1 member per up to 1 100 electors;

(3) at least 1 member posting self-adhesive stamps and responsible for the ballot box;

(4) at least 1 member who holds voting through a mobile ballot box, in case the given precinct electoral commission must organise voting through a mobile ballot box;

(5) the rotation of functions, every 2 hours, of members of the precinct electoral commission.

The chairperson and the secretary of the commission shall not participate in drawing of lots.

2. Upon the assignment of chairperson of the precinct electoral commission, the specialist, in the presence of members of the precinct electoral commission and persons having the right to be present in the voting room, check the operating condition of the technical equipment as prescribed by the Central Electoral Commission, enter the identification data of the electoral precinct and print a statement of information certifying the absence of electors registered by means of that technical equipment. The statement of information shall be glued to the registration book of the precinct electoral commission.

The chairperson of the precinct electoral commission shall — in the presence of members of commission and persons having the right to be present in the voting room — open the fire-resistant safe, take out the individual seals of members of commission and, based on drawing of lots, hand the individual seals to them, take out the seal and, by putting a seal in the registration book, announce the seal number, check that the ballot box is empty, close and seal the ballot box. [The chairperson] shall provide ballot papers and ballot envelopes, in piles of one hundred units, to the members allocating ballot papers and ballot envelopes. The chairperson of the precinct electoral commission shall take hundred self-adhesive stamps out of the fire-resistant safe and allocate to the member posting self-adhesive stamps and responsible for the ballot box. Where voting for head of community and member of the Council of Elders are held simultaneously, hundred self-adhesive stamps each shall be allocated to each election. Relevant entries with regard to the above-mentioned actions shall be made in the registration book of the precinct electoral commission.

(Article 64 amended by HO-202-N of 7 May 2021, HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 65.

Commencement of and procedure for voting

1. On the voting day, at 8:00, the chairperson of the precinct electoral commission shall announce the commencement of voting and authorise the entry of electors into the voting room.

2. The chairperson of the commission shall arrange and supervise the holding of the voting, support members exercising functions, when necessary, substitute them and the specialist in case of their temporary absence. Upon the assignment of the chairperson of the commission, the secretary of the commission shall make entries in the registration book, support the members exercising functions, substitute them and the specialist in case of their temporary absence. Upon the assignment of the chairperson of the commission, the commission member not exercising any function at that moment shall substitute the specialist in case of temporary absence thereof.

3. It shall be prohibited to enter a polling station with arms and ammunition.

4. Military servicepersons, officers serving in national security and police troops shall not enter the polling station in a marching order and with arms and ammunition. In cases where the smooth voting process is under threat, only police officers, authorised by the chairperson of the precinct electoral commission, may enter the polling station with arms.

5. Where the number of electors present in the voting room is such that it obviously hinders the smooth voting process, the chairperson of the electoral commission shall have the right to limit the total number of electors present in the voting room at the same time — but no less than 15 electors — admitting electors to the voting room in turns, one by one. In case of impossibility to ensure implementation of this part by the electoral commission, it shall be ensured with the support of the police, upon request of the chairperson of the electoral commission.

6. One journalist and one photographer or one videotape operator representing each mass media shall have the right to be present in the voting room at the same time. Up to 2 observers from each international organisation accompanied by an interpreter may be present at the sessions of the electoral commission and, during the voting, also in the polling station (in the voting room), whereas in case of local observers — 2 observers from each organisation, and 2 observers altogether from the organisations carrying out joint election observation mission.

7. Where the number of observers, mass media representatives present in the voting room is such that it obviously hinders the smooth voting process, the precinct electoral commission shall be entitled to prescribe the maximum number of observers and mass media representatives having the right to be present in the voting room at the same time, upon a decision adopted by at least 2/3 of the votes of the total number of members of the commission. The decision must be in line with the principle of proportionality, but in any case the number prescribed by that decision may not be less than 15. This limitation shall not extend to visitors, international observers and representatives of television and radio companies carrying out broadcasting. In case of impossibility to ensure the execution of this part by the electoral commission, it shall be ensured with the support of the police, upon request of the chairperson of the electoral commission.

8. The Central Electoral Commission shall be obliged to create additional opportunities for the purpose of providing electors, facing difficulties with participation in the voting process, with access to voting, ensuring the opportunity for the free expression of will of the voter and secrecy of voting.

9. The provisions provided for by part 7 of this Article shall not apply in the cases where a decision on introducing a quarantine in the whole territory or in certain areas of the Republic of Armenia has been adopted, and it has become necessary to regulate the flow of people in the polling station, including in the voting room, in order to ensure the protection of the population and the sanitary and epidemiological safety.

(Article 65 supplemented, amended by HO-202-N of 7 May 2021, amended by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 66.

Verifying the identity of an elector, registering electors

1. Identification document for an elector shall be considered to be an identification card, a biometric passport, a non-biometric passport, a temporary document, replacing the passport or the identification card, issued by the authorised body, an identification document of the elector who is in a penitentiary institution, whereas for military servicepersons — the military service certificate or the military service record book, where they register (vote) in the list of electors drawn up by the military unit. In case of elections of local self-government bodies, the identification document for the elector not holding citizenship shall be considered to be one of the documents established by the decision of the Central Electoral Commission as prescribed by Article 51 of this Code.

2. An elector shall participate in voting in person; proxy voting shall be prohibited.

Each elector shall approach the specialist and submit an identification document.

Where an elector has submitted a passport or an identification card, the specialist shall verify the identity of the elector through the image available in the submitted document and shall insert the submitted document in the technical equipment.

Where an elector has submitted a temporary document replacing the passport or the identification card, or the equipment fails to read the submitted identification document, or where in case of elections of local self-government bodies the elector has submitted an identification document established for the elector not holding citizenship, the specialist shall insert, through keyboard, in the technical equipment the number of the passport, or the identification card, or the identification document of the elector not holding citizenship, indicated in the submitted document.

Where an elector has submitted an identification document of another person, the specialist shall inform thereon to the chairperson of the commission. In such a case, the chairperson of the commission shall invite to the voting room police officers, who undertake measures prescribed by law.

Expiry of the validity period of the identification document of an elector shall not be a ground for not admitting him or her to voting, except for the case where it becomes clear from the information available in the technical equipment that the elector has another valid identification document.

3. Where an elector is registered in the list of electors of the given precinct and has submitted, as an identification document, an identification card, a biometric passport or a non-biometric passport issued after 1 January 2008 and has not participated in the voting up to that moment with any identification document, the image of that elector, the record number of the elector in the list of electoral precinct and a green sign shall appear on the screen.

4. Where an elector is registered in the list of electors of the given precinct and has submitted, as an identification document, a non-biometric passport issued before 1 January 2008 and has not participated in the voting up to that moment with any identification document, the record number of the elector in the list of the electoral precinct and a green sign shall appear on the screen without the image of the elector. Where during elections of local self-government bodies an elector is registered in the list of electors of the given precinct and has submitted, as an identification document, an identification document for an elector not holding citizenship and has not participated in the voting up to that moment with an identification document, the record number of an elector in the list of the electoral precinct and a green light shall appear on the screen without the image of the elector.

5. Where an elector is not registered in the list of electors of the given electoral precinct, a yellow sign shall appear, and where relevant information is available in the technical equipment, also the number of the electoral precinct in the list whereof the given elector is included.

In the case referred to in this part the elector shall be asked to leave the voting room.

6. Where an elector has already participated in the voting with his or her identification document, a red sign shall appear on the screen, the specialist shall inform thereon to the chairperson of the commission. In such a case, the chairperson of the commission shall invite to the voting room police officers, who undertake measures prescribed by law.

7. In case when a green sign appears on the screen, the elector shall insert the fingerprint of forefinger of his or her right hand. In case of impossibility thereof, the fingerprint shall be inserted by the following order: forefinger of the left hand, middle finger of the right hand, middle finger of the left hand, ring finger of the right hand, ring finger of the left hand, little figure of the right hand, little figure of the left hand, thumb of the right hand, thumb of the left hand. In case of impossibility to insert the fingerprint the step to insert fingerprint is omitted. Thereafter, the technical equipment shall print the record number of an elector in the list of electors, surname, name, the number of the identification document, the record number of the voting pass, whereas, if available in the digital database, also the voting pass containing the photograph of the elector. The Central Electoral Commission may prescribe requirements for additional data to appear on the screen and additional data to be printed on the voting pass.

8. The specialist shall return the printed voting pass together with the identification document of the elector to the elector, after which the elector shall approach to the relevant member of the commission carrying out registration of electors. The member of the commission carrying out registration of electors shall take from the elector the voting pass, find in the list of electors the line of the elector, the elector shall sign next to his or her data in the column envisaged for the signature of the elector, the commission member shall put his or her individual seal in the relevant column, after which put his or her individual seal on the voting pass and pass it on to the elector.

9. Registration of electors without technical equipment shall be carried out in the following cases:

(1) voting with the list of electors registered in the military unit;

(2) voting in a penitentiary institution;

(3) voting through a mobile ballot box;

(4) voting with a supplementary list being drawn up on the voting day;

(5) voting in case the technical equipment fails or is not available.

10. In case of registering electors without the use of technical equipment, the relevant member of the commission shall verify the identity of the elector, find the data of the elector in the list of electors (in case of voting with the supplementary list of electors being drawn up on the voting day — shall fill in the name, patronymic, surname), fill in the number of the identification document of the elector, after which the elector shall sign next to his or her name, the member of the commission shall put his or her own individual seal next to the signature. Where the elector is not able to sign the list of electors on his or her own, he or she shall have the right to seek the help of another citizen, except for members of the electoral commission.

After being registered as prescribed by part 10 of this Article in cases provided for by points 1 and 4 of part 9 of this Article, the specialist shall insert in the technical equipment the list in which the elector is included, the number of the elector in the relevant list, after which the elector shall insert his or her fingerprint. After these actions, the technical equipment prints a voting pass which contains the list in which the elector is included, the number of the elector in the relevant list and the record number of the voting pass. The specialist shall transfer the pass to the elector.

In the cases provided for by points 2, 3 and 5 of part 9 of this Article, the relevant member of the commission shall fill in the numbered pass, indicating there on the list in which the elector is included, the record number of the elector in the list, seal the voting pass with his or her individual seal and pass it to the elector.

11. The form of the numbered pass shall be established by the Central Electoral Commission.

(Article 66 supplemented, amended by HO-119-N of 30 June 2016, supplemented by HO-158-N of 20 October 2016, edited by HO-505-N of 5 December 2024)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 67.

Voting

1. Immediately after having received the voting pass, the elector shall approach the commission member responsible for handing out ballot papers and ballot envelopes and present the voting pass.

2. During elections of the National Assembly and elections of Council of Elders of communities held through the proportional electoral system, a commission member responsible for handing out ballot papers and ballot envelopes shall hand out to the elector one ballot paper and one ballot envelope for each political party running in elections. The elector may not refuse to accept all the ballot papers.

During elections of head of community and member of Council of Elders, a commission member responsible for handing out ballot papers and ballot envelopes shall hand out to the elector one ballot paper and one ballot envelope (and in case several votes are held simultaneously — ballot papers and ballot envelopes).

The elector shall enter the voting booth to vote.

3. During elections of the National Assembly and elections of community Council of Elders held through the proportional electoral system, the elector shall choose one of the political parties running in elections through placing the ballot paper of that political party in the ballot envelope.

The ballot paper shall be placed in the ballot envelope without folding it. Unused ballot papers shall be dropped in a separate box installed in the voting booth.

4. Where only one political party (alliance of political parties) runs in elections of Council of Elders of a community held through the proportional electoral system, a separate “vote against” ballot paper is used.

5. During the election of Head of community and member of Council of Elders, the elector shall, as prescribed by the Central Electoral Commission, put a uniform mark in the tick box next to the name of the candidate he or she is voting for. In case 1 candidate is voted on, the elector shall mark next to the word “for” if he or she will vote for the candidate: next to the word “against” if he or she will vote against the candidate. In case several votings are held simultaneously, the elector shall place each ballot paper in the relevant envelope.

6. It shall be prohibited to enquire, in any manner, about the vote of the elector.

7. Immediately after voting, the elector shall approach the member posting self-adhesive stamps at the ballot box and responsible for the ballot box and shall hand over the voting pass thereto. The commission member shall check the pass, may also, on his or her own initiative or upon request of another member of the commission or a proxy, verify the identification document of the elector. The commission member shall, without taking the ballot envelope from the elector, post a self-adhesive stamp on the ballot paper through the cut of the ballot envelope, after which shall open the slot of the ballot box and enable the elector to drop the ballot envelope in the ballot box.

Where the elector fails to submit a voting pass, the member posting self-adhesive stamps and responsible for the ballot box shall inform the chairperson of the precinct electoral commission, who shall take the ballot envelope from the elector, immediately cancel it, without verifying the content of the envelope.

8. Where during the voting, self-adhesive stamps allocated to the member posting self-adhesive stamps and responsible for the ballot box have exhausted, the chairperson of the precinct electoral commission shall hand over to him or her the next set of new self-adhesive stamps, after receiving the voting passes therefrom. Voting passes shall be counted, and the number shall be recorded in the registration book of the precinct electoral commission.

The member posting self-adhesive stamps and responsible for the ballot box — at the end of his or her shift as well as at the end of the voting — shall hand over the unused self-adhesive stamps and the voting passes received from electors to the chairperson of the commission. Voting passes and the unused self-adhesive stamps shall be counted, and the numbers shall be recorded in the registration book of the precinct electoral commission.

9. The elector who is unable to fill in the ballot paper on his or her own, shall have the right to invite, after having notified the chairperson of the electoral commission, another person into the voting booth, who must not be a member of electoral commission, proxy, observer, mass media representatives, visitor. The person shall have the right to assist only one elector who is unable to fill in the ballot paper on his or her own. Except for the mentioned case, the presence of another person in the voting booth while filling in the ballot paper shall be prohibited. The data of the person assisting the elector unable to fill in the ballot paper on his or her own shall be entered in the registration book of the precinct electoral commission.

10. If the elector finds that he or she has filled in the ballot paper incorrectly or has damaged it, he or she may apply to the chairperson of the commission to receive a new ballot paper. Upon the assignment of the chairperson of commission, a new ballot paper shall be provided to the elector (in case of elections of the National Assembly and the elections of community Council of Elders held through the proportional electoral system — one ballot paper of each political party running in elections). Incorrectly filled-in (damaged) ballot paper (ballot papers) shall be immediately cancelled.

11. The elector shall not have the right to announce in the polling station the way he or she has voted.

12. After the voting, the elector shall immediately leave the voting room.

13. During the voting, the candidate, the candidate included in the electoral list of a political party running in elections shall be prohibited from staying at the polling station or in the area up to 50 metres radius adjacent to a polling station, except for the case of participation in the voting.

14. Where the commission member, the proxy or the observer finds that cases of violations of the procedure have taken place in the process of preparation preceding the voting day and on the voting day, voting itself and summarisation of voting results as provided for by this Code, he or she shall have the right to demand that his or her position be recorded in the registration book of the precinct electoral commission.

(Article 67 amended by HO-333-N of 18 June 2020, HO-171-N of 1 April 2021, supplemented, edited by HO-202-N of 7 May 2021, supplemented by HO-505-N of 5 December 2024)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

CHAPTER 12

 

PROCEDURE FOR SUMMARISATION AND TABULATION OF VOTING RESULTS, DETERMINATION OF INACCURACIES AND SUMMARISATION OF ELECTION RESULTS

 

Article 68.

Procedure for summarisation of voting results in electoral precinct

1. On the voting day, at 20:00, the chairperson of the precinct electoral commission shall announce about the end of the voting and prohibit the entry of electors into the voting room. The commission shall permit the electors present in the voting room to vote, after which the chairperson of the commission shall close the slot of the ballot box.

2. The precinct electoral commission shall start the session for summarisation of voting results. Besides the persons having the right to be present at the session of the electoral commission, the candidate shall also have the right to be present at that session.

The constituency electoral commission shall:

(1) pack the individual seals of the commission members, and the package shall be sealed and placed in the sack;

(2) count the total number of voting participants, based on the signatures of electors available in the list of electors.

If available, the following shall also be counted separately:

a. number of signatures available in the supplementary lists drawn up in the electoral precinct on the voting day;

b. number of signatures available in the supplementary lists of electors having participated in the voting through the mobile ballot box.

These figures shall be published and recorded in the registration book of the precinct electoral commission.

The chairperson of the commission shall immediately inform, through available means of communication, the constituency electoral commission on the total number of voting participants in the electoral precinct.

(3) where during the voting the technical equipment has worked without failures, a statement of information shall be printed by means of technical equipment, which includes the numbers of the constituency electoral commission and the electoral precinct, the record number of electors, registered by means of technical equipment, in the list of electors of the relevant electoral precinct. The statement of information must contain an indication on the electors whose registration was carried out by inputting, using keyboard, the data on the identification document into the technical equipment.

In case of impossibility to print the statement of information, a relevant record thereon shall be made in the registration book.

One copy of the statement of information, signed by the chairperson of the precinct electoral commission and sealed with the seal of the commission, shall be placed in the sack.

One copy of the statement of information, signed by the chairperson of the precinct electoral commission and sealed with the seal of the commission, shall, upon request, be given to the candidates, the observers and one proxy of each political party running in elections, present at the session for summarisation.

The lists of electors (except for the signed lists of electors, being drawn up in a military unit, penitentiary institution and facilities for holding arrested persons) shall be packed, the package shall be sealed and signed by the chairperson and the secretary of the precinct electoral commission and be submitted to the constituency electoral commission as prescribed by part 9 of Article 71 of this Code. The signed lists of electors, being drawn up in a military unit, penitentiary institution and facilities for holding arrested persons, shall be packed separately, the package shall be sealed and placed in the sack;

(4) one by one count voting passes, received from electors, printed by means of technical equipment and numbered, pack, seal the package and place in the sack;

(5) count the unused self-adhesive stamps, pack, seal the package and place in the sack.

(6) count the unused numbered voting passes, pack, seal the package and place in the sack. In case numbered voting passes are not used, they shall not be counted and the number of voting passes allocated by the constituency electoral commission shall be indicated;

(7) without counting, pack the unused ballot papers, submit to the constituency electoral commission, as prescribed by the Central Electoral Commission.

The results of these actions shall be published and recorded in the registration book of the precinct electoral commission.

3. The chairperson of the commission shall open the ballot box, take one ballot envelope out of the ballot box, show it in such a way that it is visible to those present and, in case there are no grounds for cancelling the ballot envelope, shall take the ballot paper out of the ballot envelope, show it in such a way that it is visible to those present. In the course of that process, the chairperson of the commission shall be prohibited to have any other item in the hand.

During elections of the National Assembly and elections of the Council of Elders of a community held through the proportional electoral system, the chairperson of the commission shall announce if the ballot paper is of established, non-established sample, in case the ballot paper is an established sample, it shall announce is it valid, or invalid; in case the ballot paper is valid, [he or she] shall also announce the name of the political party running in elections in favour of whom or which a vote has been cast.

Upon request, the ballot paper shall be transferred to the other members of the commission. In case the member of the commission disagrees with the statement of the chairperson of the commission, he or she shall raise an objection. Where an objection is raised, the proposal of the member of the commission shall be put to voting and, pursuant to the decision on accepting the objection, and where the objection is not adopted or where there is no objection — pursuant to the statement of the chairperson of the commission, the ballot paper shall be put in the pile of ballot papers cast in favour of the relevant political party or in the pile of invalid ballot papers (in case grounds for cancellation are available, the ballot paper shall be put with cancelled envelope). This action shall be repeated with respect to all the envelopes in the ballot box.

The ballot papers cast in favour of each political party running in elections, and the invalid ballot papers shall be sorted separately.

After the ballot papers have been sorted and counted according to the ballot papers cast in favour of each political party running in elections, the results shall be announced out loud and recorded in the registration book of the precinct electoral commission.

After having all the ballot papers cast in favour of all political parties running in elections sorted, ballot papers cast in favour of each political party running in elections shall be packed together.

4. During elections of the head of community and the Council of Elders of a community, the chairperson of the commission shall announce if the ballot paper is of established, non-established sample, in case the ballot paper is establish, it shall announce is it valid, or invalid. In case the ballot paper is valid, [he or she] shall also announce the candidate in favour of whom or which a vote has been cast. In the course of that process, the chairperson of the commission shall be prohibited to have any other item in the hand.

Upon request, the ballot envelope or the ballot paper shall be transferred to the other members of the commission. In case the member of the commission disagrees with the statement of the chairperson of the commission, he or she shall raise an objection. Where an objection is raised, the proposal of the member of the commission shall be put to voting and, pursuant to the decision on accepting the objection, and where the objection is not adopted or where there is no objection — pursuant to the statement of the chairperson of the commission, the ballot paper shall be put in the pile of ballot papers cast in favour of the relevant candidate or in the pile of invalid ballot papers (in case grounds for cancellation are available, the ballot paper shall be put with cancelled envelope), in case one candidate is voted on — in the pile of the ballot papers cast for or against the candidate, or in the pile of invalid ballot papers (in case grounds for cancellation are available, the ballot paper shall be put with cancelled envelope), after which the next envelope shall be taken out of the ballot box. This action shall be repeated with respect to all the envelopes in the ballot box.

The ballot papers cast in favour of candidates running in elections, in case one candidate is voted the ballot papers cast against and the invalid ballot papers shall be sorted separately.

After the ballot papers voted on have been sorted and counted, the results shall be announced out loud and recorded in the registration book of the precinct electoral commission.

5. During the sorting of ballot papers, commission members shall be prohibited from making any notes, as well as having with them any pens, pencils or other items for making notes.

6. In case the ballot envelope contains an additional writing or mark or an item apart from the established sample ballot paper (including a non-established sample ballot paper), the ballot envelope together with the ballot paper therein shall be immediately cancelled in a way, that the availability of the ground for cancellation could be approved during the recount.

7. The established sample cancelled ballot papers shall be counted as invalid when summarising the results.

8. The counted and sorted ballot papers shall be packed as prescribed by the Central Electoral Commission, and the packages shall be sealed and placed in the sack.

The packages must bear the signature of the chairperson of the commission. The other commission members and proxies shall also have the right to sign the packages. The names and surnames of the signatories shall be entered, and samples of the signature shall be put in the register.

9. In case elections for head of community and member of the Council of Elders are held simultaneously, the voting results of the community Council of Elders shall be summarised first.

(Article 68 supplemented, amended by HO-119-N of 30 June 2016, edited by HO-158-N of 20 October 2016, amended by HO-333-N of 18 June 2020, HO-171-N of 1 April 2021, supplemented, amended by HO-202-N of 7 May 2021, supplemented, amended, edited by HO-505-N of 5 December 2024, HO-95-N of 7 April 2026)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 69.

Invalid and valid ballot papers

1. An established sample ballot paper in case of elections of the National Assembly and the elections of Council of Elders of a community held through the proportional electoral system shall be considered to be invalid, where the ballot paper or the envelope contains any writing or mark or there is any item (including a non-established sample ballot paper) in the envelope apart from the established sample ballot paper.

2. An established sample ballot paper in case of elections of head of community and member of Council of Elders of a community shall be considered to be invalid, where:

(1) it contains marks in favour of more than one candidate;

(2) it contains marks both next to the words “for” and “against” where one candidate is voted on;

(3) it contains an additional writing, apart from the mark established by the Central Electoral Commission for voting or the resembling one;

(4) it does not contain any mark;

(4.1) the envelope contains any writing or mark, or there is any item (including a non-established sample ballot paper) in the envelope apart from the established sample ballot paper,

(5) the form prescribed for putting a mark in the ballot paper is obviously violated.

(6) (point repealed by HO-505-N of 5 December 2024)

3. An insignificant violation of the established form may not be considered as a basis for invalidity of the ballot paper if the elector’s intention is clear and unambiguous.

4. An established sample ballot paper shall be considered to be valid if it is not invalid.

5. (part repealed by HO-505-N of 5 December 2024)

(Article 69 amended by HO-333-N of 18 June 2020, amended, supplemented by HO-171-N of 1 April 2021, edited, amended, supplemented by HO-202-N of 7 May 2021, amended by HO-505-N of 5 December 2024, edited, supplemented by HO-95-N of 7 April 2026)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 70.

Established sample ballot papers

1. An established sample ballot paper shall be the ballot paper of the sample approved by the Central Electoral Commission which has been taken out of the envelope and which bears a self-adhesive stamp of that electoral precinct.

 

Article 71.

Protocol of precinct electoral commission on voting results

1. Based on counting carried out as prescribed by Article 68 of this Code, the precinct electoral commission shall draw up a protocol on the voting results in the electoral precinct, which shall include the following:

(1) the total number of electors in the electoral precinct, which shall be equal to the sum of the number of electors included in the list of electors and the number of electors included in supplementary lists. The number of electors included in the list of electors shall be filled in by the constituency electoral commission;

(2) the total number of voting participants;

(3) the number of self-adhesive stamps allocated to the precinct electoral commission (shall be filled in by the constituency electoral commission);

(4) the number of numbered passes allocated to the precinct electoral commission (shall be filled in by the constituency electoral commission);

(5) the number of passes printed by means of technical equipment, received from electors;

(6) the number of numbered voting passes received from electors;

(7) the total number of numbered voting passes received from electors (the sum of the figures referred to in points 5 and 6 of this part);

(8) the number of unused numbered passes;

(9) the number of unused self-adhesive stamps;

(10) the number of invalid ballot papers;

(11) the number of ballot papers with affirmative vote cast in favour of each candidate, political party (alliance of political parties) running in elections.

(12) the number of ballot papers cast against (the line shall be indicated when one candidate, one political party (alliance of political parties) is voted on).

2. The protocol shall be signed by the chairperson, the secretary and the members of the commission, it shall be sealed by the chairperson of the commission.

3. The commission member shall be obliged to sign the protocol. In case of having an objection (special opinion) with regard to the data in the protocol, he or she shall make a relevant note in the protocol in the special place provided for that purpose.

4. The session of the precinct electoral commission may not be interrupted from the moment the voting is over until drawing up of the protocol on the voting results in the electoral precinct.

5. The commission shall complete the protocol at the end of the session but no later than 12 hours after the end of voting, and the commission chairperson shall publish the protocol on the voting results in the electoral precinct.

6. The protocol shall be drawn up in 4 copies, 1 copy shall be posted at the polling station next to the list of electors, and 1 copy shall be placed in the sack.

7. The sack must bear the signature of the chairperson of the commission. The other commission members and proxies shall also have the right to sign the sack. The names and surnames of the signatories shall be entered, and samples of the signature shall be recorded in the registration book.

The sack of election related documents at the precinct electoral commission must be closed. The chairperson of the commission shall be responsible for closing the sack, in the prescribed manner, at the precinct electoral commission.

8. Persons having the right to be present at the session for summarisation of the voting results in the precinct may photograph or videotape the protocol on the voting results drawn up in the electoral precinct.

Persons having the right to be present at the session for summarisation of the voting results in the precinct shall, upon their request, be provided with an extract from the protocol on the voting results in electoral precinct, which shall be certified by the signatures of the chairperson and the secretary of the commission, as well as by the seal of the commission.

9. No later than within 14 hours after the end of voting, the chairperson and the secretary of the precinct electoral commission shall submit the sack, the package of the lists of electors, the pile of the unused ballot envelopes, unused ballot papers, 2 copies and one extract of the protocol on the voting results, the registration book, the commission seal, the technical equipment to the constituency electoral commission as prescribed by the Central Electoral Commission.

(Article 71 supplemented by HO-158-N of 20 October 2016, amended by HO-333-N of 18 June 2020, HO-171-N of 1 April 2021, amended, supplemented by HO-202-N of 7 May 2021, supplemented, amended, edited by HO-505-N of 5 December 2024)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 72.

Procedure for determining inaccuracies

1. The first inaccuracy shall be calculated based on comparison of the sum of the number of voting passes received from electors and the number of unused self-adhesive stamps with the number of self-adhesive stamps allocated to the precinct electoral commission. The difference, in the absolute value of the number, shall be indicated as the amount of the first inaccuracy.

2. The second inaccuracy shall be calculated based on comparison of the total number of voting participants with the sum of the numbers of valid and invalid ballot papers in the ballot box.

If the sum of the numbers of valid and invalid ballot papers in the ballot box is higher than the total number of voting participants, the difference in the absolute value of the number shall be indicated as the amount of the 2nd inaccuracy. Otherwise, the amount of the second inaccuracy shall be recorded as “0”.

3. The amount of inaccuracies in the electoral precinct shall be equal to the sum of the 1st and 2nd inaccuracies.

4. The amount of inaccuracies in the electoral precinct shall be calculated and recorded by the electoral commission responsible for summarisation of the election results, by using the “Elections” automated system.

5. In case of declaring the voting results in the electoral precinct as invalid, the number of voting participants in that precinct shall be recorded as the total amount of inaccuracies in the precinct.

6. While drawing up the protocol on the voting results, the total number of voting participants of the precinct where the voting results are declared as invalid shall be correspondingly added to the voting results of the remaining precincts. The other results (numbers) of the protocol of the electoral precinct where the voting results are declared as invalid, except for the amount of inaccuracies, shall be recorded as “0”.

Article 73.

Actions of constituency electoral commission after receiving the protocols of precinct electoral commissions

       (Title amended by HO-202-N of 7 May 2021)

 

1. The constituency electoral commission shall check the validity of drawing up the protocols on the voting results in electoral precincts, in case of arithmetic errors, the chairperson or the secretary of the precinct electoral commission shall correct them and certify the corrections with their signatures. The baseline data shall not be modified. Data produced by the precinct electoral commission by way of counting one by one shall be deemed baseline data.

2. The constituency electoral commission shall enter, as prescribed by the Central Electoral Commission, the data of protocols on the voting results in the electoral precinct into a computer by means of special software. The software shall ensure reasonable guarantees against errors generated by the incorrect data input. The constituency electoral commission shall regularly but no less than every 3 hours, print the tabulation of the voting results. The tabulation certified by the signatures of the chairperson (deputy chairperson) and the secretary of the constituency electoral commission, as well as by the seal of the commission shall immediately be posted at the commission, in a place visible to all. The constituency electoral commission shall complete the entry into a computer of data of protocols on the voting results in electoral precincts no later than within 20 hours after the end of voting. The constituency electoral commission shall tabulate the voting results according to electoral precincts, as well as total results.

3. The constituency electoral commission shall immediately post at the commission the final copy of the tabulated voting results, certified by signatures of the chairperson (deputy chairperson) and the secretary of the commission, and by the commission seal, in a place visible to all. Upon their request, persons having the right to be present at the session of the electoral commission shall receive 1 copy of the tabulated voting results within the service area of the constituency electoral commission, certified by signatures of the chairperson (deputy chairperson) and the secretary of the commission, and by the commission seal.

During elections of the National Assembly and of the Council of Elders of Yerevan, the constituency electoral commission shall submit — 24 hours after the end of voting — 1 copy on the voting results in the electoral precinct, to the Central Electoral Commission.

3.1. During the elections of the National Assembly, the constituency electoral commission shall — on the day following the voting, from 12:00 — carry out scanning of the lists of electors, which may be followed by the members of precinct electoral commissions, candidates, proxies, observers and mass media representatives.

The lists of electors shall be scanned in accordance with the procedure and standards prescribed by the Central Electoral Commission, in such a way that the record number in the list of electors of the given electoral precinct, surname, name, patronymic, date of birth, address of the place of registration of the elector, as well as the columns envisaged for the signature of the elector, the individual seal of the member of the commission responsible for the registration of the elector are visible.

The scanned lists of electors shall, no later than 24 hours after the launch of scanning, be officially published and posted on the website of the Commission, with the possibility to download and to search by electoral precincts.

4. During elections of the National Assembly, the obtaining, as prescribed by the Central Electoral Commission, from technical equipment information on participation in elections and containing fingerprints of electors and entering it into the computer, shall be organised by means of special software.

5. During elections of the National Assembly, Council of Elders of Yerevan, the constituency electoral commission shall not draw up a protocol on summarisation of the voting results, for recounting of the voting results, it shall investigate, within the time limits established by this Code, the violations recorded in the registration books of precinct electoral commissions on the voting day, summarise the investigation results at the session of the commission, and submit the decision adopted thereon to the Central Electoral Commission.

(Article 73 supplemented by HO-158-N of 20 October 2016, amended, supplemented by HO-202-N of 7 May 2021, amended by HO-505-N of 5 December 2024)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 74.

Procedure for summarising at constituency electoral commission the results of elections of local self-government bodies

(Title amended by HO-333-N of 18 June 2020, HO-202-N of 7 May 2021)

 

1. No later than within 18 hours after the end of voting, based on the protocols on the voting results in electoral precincts, the constituency electoral commission shall, in accordance with the requirements of this Article, summarise the preliminary voting results on elections of local self-government bodies and endorse them by a protocol.

2. On the 5th day after the voting day, and on the 7th day in case of elections of Councils of Elders of communities held through the proportional electoral system, based on the protocols on the voting results in electoral precincts, the recounting results, the decisions adopted on the voting results, the constituency electoral commission shall draw up a protocol on the voting results in the community.

3. The following shall be indicated in the protocol on the voting results in the community:

(1) the total number of electors in the community, which shall be equal to the sum of the number of electors included in the list of electors and the number of electors in the supplementary list being drawn up on the voting day;

(2) the total number of voting participants;

(3) the total number of self-adhesive stamps allocated to the precinct electoral commissions;

(4) the total number of numbered passes allocated to the precinct electoral commissions;

(5) the total number of passes printed by means of technical equipment, received from electors;

(6) the total number of numbered voting passes received from electors;

(7) the total number of numbered passes received from electors (the sum of the figures referred to in points 5 and 6 of this part);

(8) the total number of unused numbered passes;

(9) the total number of unused self-adhesive stamps;

(10) the total number of invalid ballot papers;

(11) the number of ballot papers with affirmative vote cast in favour of each political party (alliance of political parties) running in elections, in case of elections of Councils of Elders of communities held through the proportional electoral system;

(12) the total number of ballot papers cast in favour of a candidate, in case of elections of head of community and member of Council of Elders;

(13) the total number of ballot papers cast against (the line shall be indicated when one candidate, one political party (alliance of political parties) is voted on).

(14) the total amount of inaccuracies.

The total amount of inaccuracies in a community shall be equal to the sum of the total inaccuracy amounts in electoral precincts included in the community.

4. The protocol shall be signed by the commission members; it shall be sealed by the chairperson of the commission.

5. The chairperson of the constituency electoral commission shall publish the drawn up protocol.

6. On the 5th day after the voting day, and on the 7th day in case of elections of Councils of Elders of communities held through the proportional electoral system, based on the protocol on the voting results in the community, court judgments, decisions adopted due to consideration of applications (complaints) received by the commission, and the adopted decision on the violations recorded on the voting day in the registration books of precinct electoral commissions, the constituency electoral commission shall summarise the voting results in the community and adopt a decision on the election results.

Where the number of voting passes in the precinct is less than the number of self-adhesive stamps handed over to the member posting self-adhesive stamp and responsible for the ballot box and of those used, the chairperson of the constituency electoral commission shall provide the law-enforcement bodies with the data on the member of the commission (the chairperson of the commission) having handed over less self-adhesive stamps and the carbon copy of the relevant page of the registration book, as a report on potential infringement.

7. One copy of the protocol shall be posted at the commission in a visible place immediately after the actions provided for by this Article are completed.

8. A carbon copy of the protocol on the voting results of elections, certified by the signatures of the commission chairperson and the secretary, and by the commission seal, shall be provided to persons having the right to attend the session of the electoral commission, upon their request.

9. The constituency electoral commission shall submit the copies of the protocol and the decision on the results of elections to the Central Electoral Commission within a 5-day period.

(Article 74 amended by HO-158-N of 20 October 2016, HO-333-N of 18 June 2020, HO-202-N of 7 May 2021, amended, supplemented by HO-505-N of 5 December 2024)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 75.

Procedure for summarisation of results of elections of the National Assembly, Council of Elders of Yerevan in the Central Electoral Commission

1. No later than 24 hours after the end of voting, based on the election results in the electoral precincts, received from constituency electoral commissions, the Central Electoral Commission shall, in accordance with the requirements of this Article, summarise the preliminary results of voting on election of the National Assembly, Council of Elders of Yerevan, and endorse them by a protocol.

The preliminary results of voting for elections of the National Assembly shall be officially published through live broadcasting of public audiovisual broadcaster and public audio broadcaster.

After having been signed, the protocol on preliminary voting results on election of the National Assembly and of Council of Elders of Yerevan shall be published on the website of the Central Electoral Commission.

2. During the election of the National Assembly, no later than 72 hours after the publication of the preliminary results, the data obtained from the technical equipment shall be summarised by means of special software, and the following shall be published on the website of the Central Electoral Commission:

(1) the total number of voting passes printed by means of technical equipment;

(2) the total number of voting passes printed through inserting an identification document into the technical equipment;

(3) the total number of voting passes printed through inputting by the specialist, using the keyboard, the data of the identification document into the technical equipment;

(4) the total number of voting passes printed through the technical equipment for electors registered in the military unit;

(5) the total number of voting passes printed through the technical equipment for electors included in the supplementary list of electors being drawn up on the voting day.

3. On the 7th day after the voting day, based on the protocols on the voting results in electoral precincts, the recounting results, the decisions adopted on the voting results, the Central Electoral Commission shall draw up a protocol on the voting results.

4. The following shall be indicated in the protocol on the voting results:

(1) the total number of electors, which shall be equal to the sum of the number of electors included in the list and the number of electors in the supplementary list;

(2) the total number of voting participants;

(3) the total number of self-adhesive stamps allocated to the precinct electoral commissions;

(4) the total number of numbered passes allocated to the precinct electoral commissions;

(5) the total number of passes printed by means of technical equipment, received from electors;

(6) the total number of numbered voting passes received from electors;

(7) the total number of passes received from electors;

(8) the total number of unused numbered passes;

(9) the total number of unused self-adhesive stamps;

(10) the total number of invalid ballot papers;

(11) the number of ballot papers with affirmative vote cast in favour of each political party (alliance of political parties) running in elections;

(11.1) the number of ballot papers cast “against” (the line shall be indicated in case one political party (alliance of political parties) is voted on);

(12) (point repealed by HO-171-N of 1 April 2021)

(13) the total amount of inaccuracies.

The total amount of inaccuracies shall be equal to the sum of the total amount of inaccuracies in all the formed electoral precincts.

5. The protocol shall be signed by the commission members; it shall be sealed by the chairperson of the commission.

6. A carbon copy of the protocol on the voting results, certified by the signatures of the chairperson and the secretary of the commission, as well as by the commission seal, shall be provided to persons having the right to be present at the session of the electoral commission, upon their request.

7. On the 7th day after the voting day, based on the protocol on the voting results, court judgments, decisions adopted following the consideration of applications (complaints) received from commissions, decisions of constituency electoral commissions adopted on the violations recorded on the voting day in the registration books of precinct electoral commissions, as well as decisions adopted on the voting results, the Central Electoral Commission shall summarise the election results and adopt a decision on the election results.

(Article 75 amended by HO-171-N of 1 April 2021, HO-202-N of 7 May 2021, supplemented by HO-311-N of 14 July 2022, amended, supplemented by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-311-N of 14 July 2022 contains a transitional provision)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

PART TWO

 

SECTION 4

 

ELECTIONS OF THE NATIONAL ASSEMBLY

 

CHAPTER 13

 

GENERAL PROVISIONS

 

Article 76.

Composition of the National Assembly

1. The minimum number of Deputies of the National Assembly shall be 101.

 

Article 77.

Electoral system

1. Elections of the National Assembly shall be held through the proportional electoral system, from one multi-mandate constituency covering the whole territory of the Republic from among candidates for Deputies nominated in the electoral lists of political parties.

(Article 77 amended by HO-171-N of 1 April 2021)

Article 78.

Electoral districts

       (Article repealed by HO-171-N of 1 April 2021)

Article 79.

Right to elect

1. During elections of the National Assembly each elector shall have 1 vote.

Article 80.

Right to be elected

1. Everyone who has attained the age of 25, has exclusively been a citizen of the Republic of Armenia for the preceding 4 years, has been permanently residing in the Republic of Armenia for the preceding 4 years, has the right of suffrage and has command of Armenian may be elected as Deputy of the National Assembly.

2. A citizen shall not be considered as permanently residing in the Republic of Armenia for the preceding 4 years where he or she has been absent from the Republic of Armenia for at least 731 days out of 1 461 days preceding the day of submitting a request to the public administration body authorised by the Government of the Republic of Armenia maintaining State Population Register for the purpose of obtaining a statement of information, in the manner prescribed, on having permanent residence for the registration of a candidate, except for cases when the absence has been conditioned by circumstances related to being abroad for service purposes of a person who is a public servant of the Republic Armenia, or to his or her study at higher educational institutions abroad.

3. The command of Armenian shall be certified by a graduation document (education certificate, academic certificate, diploma) issued by educational institutions on having received education in Armenian in educational institutions or having completed studies of Armenian provided by educational programmes and having passed final attestation. In case of absence of a graduation document certifying the command of Armenian, the command of Armenian shall be tested as prescribed by the Ministry of Education, Science, Culture and Sports of the Republic of Armenia which must provide for reasonable, objective criteria for testing the command of Armenian, as well as process supervision procedures. The results of the testing may be appealed before a court within a 3-day period.

(Article 80 amended by HO-318-N of 4 May 2018, HO-505-N of 5 December 2024)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

CHAPTER 14

 

NOMINATION AND REGISTRATION OF CANDIDATES FOR DEPUTY

 

Article 81.

Right to nominate a candidate for Deputy

1. The right to nominate candidates for Deputy of the National Assembly shall be vested in political parties and alliances of political parties.

A candidate for Deputy may be nominated by the electoral list of only 1 political party.

2. Alliances of political parties may be formed by at least 2 political parties. A political party may be included in the composition of only 1 alliance.

The name of an alliance of political parties may not contain personal names, names of state and local self-government bodies or names confusingly similar to them and (or) inflected forms thereof. The name of the alliance of parties may not contain words or other expressions of an insulting or defamatory nature.

3. The political party included in an alliance of political parties may not run in elections on its own.

4. The decision on joining an alliance of political parties shall be adopted by the decision of the permanently functioning governing body of the political party.

(Article 81 supplemented by HO-202-N of 7 May 2021, HO-311-N of 14 July 2022, amended by HO-505-N of 5 December 2024, amended, supplemented by HO-95-N of 7 April 2026)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-311-N of 14 July 2022 contains a transitional provision)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 82.

Restrictions for nomination

1. Judges, prosecutors, officers of the Police, the National Security Service, the Anti-Corruption Committee, the Judicial Acts Compulsory Enforcement Service, rescue, tax, customs authorities, penitentiary service, the Probation Service, the Rescue Service, military servicepersons, members of electoral commissions, persons holding autonomous positions within the Investigative Committee may not be nominated as a candidate for Deputy of the National Assembly.

(Article 82 supplemented by HO-318-N of 4 May 2018, amended, supplemented by HO-70-N of 21 January 2020, HO-158-N of 24 March 2021)

 

Article 83.

Electoral list of a political party (alliances of political parties)

        (Title edited by HO-171-N of 1 April 2021)

1. Each political party (alliance of political parties) running in elections shall nominate 1 electoral list of candidates, which may consist of 2 parts.

2. The electoral list of an alliance of political parties shall be made up from an electoral list presented by each political party included in the alliance.

3. (part repealed by HO-171-N of 1 April 2021)

4. In the first part of the electoral list of a political party, alliance of political parties and each of the political parties included in the alliance, the number of representatives of each sex, starting from the 1st place on the list, must not exceed 70 per cent in each integer group of 3 (1-3, 1-6, 1-9 and subsequently up to the end of the list). The first part of the electoral list of a political party (alliance of political parties) shall include no less than 80 and no more than 300 candidates. The first part of the electoral list of a political party (alliance of political parties) may include also persons that are not members of that political party (any of member political parties to the alliance) the number of which may not exceed 30 per cent of the total number of the candidates included in the first part of the electoral list.

5. The electoral list may have a second part, wherein, in compliance with part 6 of this Article, representatives of the first 4 national minorities with the largest number of resident population — according to the data of the latest census preceding the elections — may be included. A candidate for Deputy, who is a representative of national minority, included in the second part of the electoral list may also be included in the first part of the electoral list.

6. The second part of the electoral list of a political party (alliance of political parties) shall have 4 sections. Each section may include up to 4 representatives from the respective national minority. In case of not including a representative of a national minority in any section, the respective section shall not be filled in.

In the second part of the electoral list the data of candidates for Deputy who are representatives of national minority with the largest number of resident population shall be listed in section 1 under consecutive numbers staring from “1”; data of candidates for Deputy who are representatives of national minority with the second largest number of resident population shall be listed in section 2 under consecutive numbers starting from “1”, data of candidates for Deputy who are representatives of national minority with the third largest number of resident population shall be listed in section 3 under consecutive numbers starting from “1”, and data of candidates for Deputy who are representatives of national minority with the fourth largest number of resident population shall be listed in section 4 under consecutive numbers staring from “1”.

7. The first and second parts of the electoral list of a political party (alliance of political parties) shall include — under consecutive numbers — the surname, name, patronymic, date of birth, sex, political party affiliation, personal identification document number, place of registration, place of employment and position (occupation) of candidates for Deputy.

8. During the regular elections of the National Assembly, at least first thirty candidates on the electoral lists of a political party, and in case of alliances running in elections — up to thirty candidates on the electoral list, shall be approved and nominated by the decision of the congress of the political party. During the regular elections of the National Assembly, the electoral lists for the part of candidates the approval of whom is not reserved to the congress by the Constitutional Law “On political parties” and by the charter of the political party, and during early elections — the electoral lists of political parties and the alliance of political parties shall be approved and nominated by the decision of the permanently functioning governing body of the political party (by the decisions of permanently functioning governing bodies of member political parties to the alliance). All the pages of electoral lists shall be sealed and signed by the competent person of the relevant political party (member political parties to the alliance).

9. (part repealed by HO-171-N of 1 April 2021)

10. (part repealed by HO-171-N of 1 April 2021)

11. (part repealed by HO-171-N of 1 April 2021)

12. In case any political party leaves the alliance of political parties, the candidates for Deputy nominated by that political party shall be removed — as prescribed by the Central Electoral Commission — from the electoral list of the alliance of political parties.

(Article 83 amended, supplemented by HO-119-N of 30 June 2016, amended, edited by HO-171-N of 1 April 2021, edited by HO-2-N of 29 December 2020, HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

Article 84.

Nominating a candidate for Deputy

1. Political parties shall submit to the Central Electoral Commission the application on running in elections of the National Assembly, upon the decision of their permanently functioning governing body, and the application shall be signed by the head of the political party. Alliances of political parties shall, upon decisions of permanently functioning governing bodies of member political parties to the alliance, submit to the Central Electoral Commission the application on running in elections of the National Assembly, which shall be signed by the heads of member political parties to the alliance.

2. The following shall be attached to the application of a political party (alliance of political parties) on running in elections of the National Assembly:

(1) the charter of the political party (the charters of the political parties included in the alliance);

(2) the decisions of the congress and the permanently functioning governing body of the political party (decisions of the congresses and the permanently functioning governing bodies of member political parties to the alliance) on approving and nominating the electoral lists;

(3) the electoral list;

(4) the written statements of candidates for Deputy included in electoral list on their consent for being registered as candidate for Deputy;

(5) the electoral list presented by each of the political parties included in the alliance of political parties;

(6) the receipt on payment of the electoral deposit in the amount of 7 500-fold of the minimum salary in case of political parties, and in the amount of 15 000-fold of the minimum salary in case of the alliance of political parties;

(7) a statement of information proving that candidates for Deputy included in the electoral list have been citizens of the Republic of Armenia only, for the last 4 years, and have been permanently residing in the Republic of Armenia for the last 4 years;

(8) carbon copy of the document, or a statement of information issued by the Ministry of Education, Science, Culture and Sports of the Republic of Armenia, certifying the command of Armenian;

(9) carbon copies of personal identification documents of candidates for Deputy included in the electoral list.

3. The form of the statement of information prescribed by point 7 of part 2 of this Article shall be approved by the Central Electoral Commission. The mentioned statement of information shall be issued by the authorised body within a 3-day period following the request but no earlier than the calling of elections.

The authorised body shall, upon its decision, refuse to issue a statement of information of the specified form to the applicant, if the data thereon do not meet the requirements of Article 80 of this Code.

4. The statement of information prescribed by point 8 of part 2 of this Article shall be issued by the Ministry of Education, Science, Culture and Sports of the Republic of Armenia within a 3-day period following the request.

5. The application on running in elections of the National Assembly shall also contain data on up to 3 authorised representatives (surname, name, patronymic, date of birth, personal identification document number, place of employment and position (occupation)).

6. In order to submit an application for running in elections, for the purpose of forming an electoral list of the political party (alliance of political parties) electronically, the Central Electoral Commission shall provide a user account to the political party (alliance of political parties).

For the purpose of forming an electoral list of the political party (alliance of political parties) in the official website of the Central Electoral Commission, the Central Electoral Commission shall establish the procedure for obtaining a user account, forming an electoral list electronically, and — for the purpose of obtaining a user account — the electronic sample form of the application.

Documents necessary for registering the electoral list of a political party (alliance of political parties) running in elections shall be submitted to the Central Electoral Commission by the authorised representative of the political party (alliance of political parties), in person, within the time limits prescribed by this Code.

7. Where errors, deletions, erasures, misprints are found in the documents submitted for registration of the electoral list of a political party (alliance of political parties) running in elections, the Central Electoral Commission shall be obliged to bring them to the attention of persons having submitted the documents so as to correct them, as well as correct itself, in their presence, the evident errors and misprints existing in the submitted documents.

The Commission shall have no right not to accept the submitted documents only for the reason that they contain such errors, deletions, erasures, or misprints. The provisions of this part shall not apply to correction of such errors, deletions, erasures, misprints or elimination of other deficiencies found in the documents, the right of which is reserved by law to the bodies having adopted or issued such documents.

In case the submitted documents contain inaccuracies referred to in the second paragraph of this part or in case of incompleteness of documents attached to the application, the Central Electoral Commission shall give 48 hours for the elimination of the mentioned inaccuracies, completion of the attached documents. In case of failure to eliminate, within that period of time, the inaccuracies regarding the electoral list of a political party (alliance of political parties) running in elections or in case of failure to complete the documents, the registration of the electoral list of a political party (alliance of political parties) running in elections shall be rejected, and, in case of failure to eliminate the inaccuracies regarding the candidate or failure to complete the documents, the given candidate included in the electoral list shall be rejected, and his or her name shall be removed from the electoral list of the political party (alliance of political parties) running in elections as prescribed by the Central Electoral Commission.

(Article 84 amended by HO-171-N of 1 April 2021, edited by HO-2-N of 29 December 2020, amended, edited by HO-202-N of 7 May 2021, amended, supplemented, edited by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 85.

Registering the electoral list of a political party (alliance of political parties)

       (Title amended by HO-505-N of 5 December 2024)

1. In case no objection is raised by the members of the Central Electoral Commission with respect to the registration of the electoral list of a political party (alliance of political parties), the electoral list shall be registered without voting.

2. After the registration of the electoral list of a political party (alliance of political parties), at the same session, the Central Electoral Commission shall, by drawing of lots, provide record numbers to the political parties (alliances of political parties) running in elections. The mentioned numbers shall not be subject to change. In case of holding a second round of election, no numbers shall be indicated in the ballot paper for the political party (alliance of political parties) running in elections and the newly formed alliance.

3. Within a 3-day period following the expiry of the time limit for registration, the Central Electoral Commission shall publish the electoral lists and election programmes of political parties (alliances of political parties) on its website.

4. An authorised representative of the political party (alliance of political parties) shall have the right to be present at the session of the Central Electoral Commission held for the discussion of the issue of registering the electoral list of the political party (alliance of political parties).

(Article 85 amended by HO-171-N of 1 April 2021, edited by HO-202-N of 7 May 2021, amended by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 86.

Rejecting the registration of the electoral list of a political party (alliance of political parties) or the candidate included in the electoral list

        (Title amended by HO-171-N of 1 April 2021)

 

1. (part repealed by HO-171-N of 1 April 2021)

2. The Central Electoral Commission shall reject the registration of the electoral list of a political party (alliance of political parties), where:

(1) not all the documents have been submitted or the submitted documents are incomplete or falsified;

(2) (point repealed by HO-171-N of 1 April 2021)

(3) the electoral list does not comply with the requirements prescribed by Article 83 of this Code. The registration of the electoral list shall not be rejected on the ground of non-compliance with the requirements prescribed by Article 83 of this Code, when non-compliance is conditioned by a circumstance having emerged after the nomination;

(4) the political party has been dissolved;

(5) the number of political parties included in the alliance of political parties has fallen below 2;

(6) the activities of the political party have been suspended or prohibited.

(7) (point repealed by HO-505-N of 5 December 2024)

3. In case objection is raised by a member of the Central Electoral Commission regarding registration of the electoral list of a political party (alliance of political parties), the objection shall be put to vote. The registration of the electoral list of a political party (alliance of political parties) shall be rejected upon the decision adopted by at least 2/3 of votes of the total number of members of the Commission.

4. The Central Electoral Commission shall reject the registration of a candidate included in the electoral list, where:

(1) he or she does not have the right to be elected;

(2) not all the documents thereon have been submitted, or the submitted documents are incomplete or falsified.

In case the registration of a candidate is rejected, the candidate shall be removed from the electoral list as prescribed by the Central Electoral Commission.

5. In case an objection is raised by a member of the Central Electoral Commission regarding registration of a candidate included in the electoral lists of a political party (alliance of political parties), the objection shall be put to vote. The registration of a candidate shall be rejected upon the decision adopted by at least 2/3 of votes of the total number of members of the Central Electoral Commission.

(Article 86 amended, edited by HO-171-N of 1 April 2021, supplemented by HO-2-N of 29 December 2020, amended by HO-505-N of 5 December 2024)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 87.

Declaring as invalid the registration of the electoral list of a political party (alliance of political parties) or the candidate included in the electoral list

(Title supplemented by HO-505-N of 5 December 2024)

 

1. The Central Electoral Commission shall declare as invalid the registration of an electoral list of a political party (alliance of political parties), where after the registration some facts emerge evidencing that the submitted documents concerning the political party (alliance of political parties) are falsified.

1.1. The Central Electoral Commission may — on the ground of lack of jurisdiction of the congress and the permanently functioning governing body of the political party or failure to adopt the relevant decisions — declare as invalid the registration of an electoral list of a political party (alliance of political parties), based only on a judicial act confirming the availability of those grounds.

2. The registration of the electoral list of a political party (alliance of political parties) shall not be declared as invalid as a consequence of revoking or declaring as invalid the registration of the candidate included in the electoral list of a political party (alliance of political parties), even if the requirements prescribed by part 4 of Article 83 of this Code are violated.

3. The registration of a candidate included in the electoral list of a political party (alliance of political parties) shall be declared as invalid, where by virtue of facts having emerged after the registration:

(1) he or she does not have the right to be elected;

(2) the submitted documents thereon are falsified.

In case the registration of a candidate included in the electoral list is declared as invalid, the candidate shall be removed from the electoral list as prescribed by the Central Electoral Commission.

4. The registration of the electoral list of a political party (alliance of political parties) or a candidate included in the electoral list shall be declared as invalid upon a decision adopted by at least 2/3 of votes of the total number of members of the Central Electoral Commission.

(Article 87 amended by HO-171-N of 1 April 2021, supplemented by HO-505-N of 5 December 2024)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 88.

Revoking the registration of the electoral list of a political party (alliance of political parties) or the candidate included in the electoral list

       (Title amended by HO-171-N of 1 April 2021)

1. The registration of the electoral list of a political party (alliance of political parties) shall be revoked by the decision of the Central Electoral Commission, where:

(1) an application for recusal has been submitted;

(2) the political party has been dissolved;

(3) the activities of the political party have been suspended or prohibited.

(4) the number of political parties included in the alliance of political parties has fallen below 2;

(5) (point repealed by HO-171-N of 1 April 2021).

2. The registration of the electoral list of a political party (alliance of political parties) shall be revoked by a court decision in cases prescribed by part 8 of Article 19 or part 1 of Article 26 or part 5 of Article 27 of this Code.

3. The registration of a candidate included in the electoral list of a political party (alliance of political parties) shall be revoked upon the decision of the Central Electoral Commission, where he or she has submitted an application for recusal.

4. The registration of a candidate included in the electoral list of a political party, alliance of political parties shall be revoked by a court decision in the case prescribed by part 8 of Article 19 of this Code.

In case the registration of a candidate included in the electoral list is revoked, the candidate shall be removed from the electoral list as prescribed by the Central Electoral Commission.

(Article 88 amended by HO-171-N of 1 April 2021)

Article 89.

Procedure for appealing the decisions on rejecting, declaring as invalid or revoking the registration of the electoral list of a political party (alliance of political parties) or the candidate included in the electoral list

         (Title amended by HO-171-N of 1 April 2021, supplemented by HO-505-N of 5 December 2024)

1. The decision of the Central Electoral Commission on rejecting, declaring as invalid or revoking the registration of the electoral list of a political party (alliance of political parties) or the candidate included in the electoral list may be appealed before the Administrative Court.

2. The electoral list of a political party (alliance of political parties) or a candidate included in the electoral list shall be deemed registered or re-registered by court decision on declaring as invalid the decision of the Central Electoral Commission on rejecting the registration, declaring as invalid or revoking the registration of the electoral list of a political party, alliance of political parties or the candidate included in the electoral list.

(Article 89 amended by HO-171-N of 1 April 2021, supplemented. amended by HO-505-N of 5 December 2024)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

CHAPTER 15

 

STATUS OF A CANDIDATE FOR DEPUTY

 

Article 90.

Rights, responsibilities and guarantees of activities of candidates for Deputy

1. Candidates for Deputy shall have equal rights and shall bear equal responsibilities, except for the cases prescribed by this Code.

2. A person registered as a candidate for Deputy, for the period of having the status of a candidate for Deputy, as well as an elected Deputy, before assuming the powers of a Deputy, shall not be subject to be called for drills or military trainings or to be drafted for compulsory military service.

3. Candidates for Deputy shall have the right to withdraw their candidacy in case of submitting an application no later than 10 days before the voting day, by 18:00, as well as after the voting day. An application for recusal shall be certified by a notary, or the candidate shall confirm his or her application for recusal at the session of the Central Electoral Commission. Within the meaning of this Article, the notary-certified application for recusal shall be deemed valid where it is submitted to the Central Electoral Commission within a maximum 3-day period after certification.

In case a candidate for Deputy submits an application for recusal, the candidate shall be removed from the electoral list of a political party (alliance of political parties).

The name, surname of a candidate included in the electoral list of a political party (alliance of political parties) shall be removed from the electoral list as prescribed by the Central Electoral Commission.

4. No later than 10 days before the voting day, by 18:00, political parties (alliances of political parties) or member political parties to the alliance shall have the right to submit an application for recusal by attaching the decision of the permanently functioning governing body of a political party (all member political parties to the alliance), respectively.

5. Criminal prosecution of a candidate for Deputy, an elected Deputy, before assuming his or her powers as a Deputy, may be conducted only upon the consent of the Central Electoral Commission. Without the consent of the Central Electoral Commission, he or she may not be deprived of liberty, except when he or she has been caught at the time of or immediately after committing a criminal offence. The Central Electoral Commission shall adopt a decision on the mentioned issue by at least 2/3 of votes of the total number of members of the Commission. The provision prescribed by this part does not apply to the citizens arrested or detained before being registered as candidates, as well as cases of imposing detention as a measure of restraint upon the arrested person and extending the term of detention of the mentioned persons.

(Article 90 amended by HO-171-N of 1 April 2021, supplemented by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 91.

Status of candidates for Deputy

1. A candidate for Deputy shall acquire his or her status upon registration of the electoral list of the political party (alliance of political parties) running in elections.

Rights and responsibilities prescribed by this Code shall extend to the candidate for Deputy until the expiry of time limit prescribed for challenging the decision of the Central Electoral Commission on the National Assembly being elected, and in case of challenging that decision, until the Constitutional Court adopts a decision.

The candidate for Deputy shall lose his or her rights pertaining to the status of a candidate and shall be exempt from the responsibilities also in cases prescribed by Articles 87 or 88 of this Code, upon revoking or declaring as invalid the registration of the electoral list of a political party (alliance of political parties) or the candidate included in the electoral list, respectively. In case of appealing, through judicial procedure, against the decision of the Central Electoral Commission on declaring as invalid or revoking the registration of the electoral list of a political party (alliance of political parties) or the candidate included in the electoral list, the candidate shall lose his or her rights pertaining to the status of a candidate for Deputy and shall be exempt from responsibilities upon the entry into force of the court decision.

2. Candidates for Deputy who are in public service shall have no right to use the advantages of their official or work related capacity.

Candidates for Deputy who are in public service (except for the President of the Republic, Deputies of the National Assembly and members of the Government) shall be exempt from fulfilling their official responsibilities from the day of the official start of the election campaigning by virtue of law until the voting day. The absence from work of the mentioned candidates within that period of time shall be considered valid without preservation of the remuneration.

3. Instituting criminal prosecution against a candidate for Deputy may not serve as a basis for prohibiting the exercise of his or her right to be elected.

(Article 91 amended by HO-70-N of 21 January 2020, HO-171-N of 1 April 2021, supplemented by HO-505-N of 5 December 2024)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

CHAPTER 16

 

ELECTION CAMPAIGNING DURING ELECTIONS OF THE NATIONAL ASSEMBLY

 

Article 92.

Campaign fund of a political party (alliance of political parties) running in elections of the National Assembly

1. For the purpose of conducting an election campaign, a political party (alliance of political parties) running in elections shall set up a campaign fund, which shall be formed from payments specified in Article 26 of this Code.

2. The political party (political parties included in the alliance of political parties jointly) running in elections shall have the right to make payment to the fund of the political party (alliance of political parties) in the amount of up to 800 000-fold of the minimum salary. In case of second round of election, the political party (political parties included in the alliance of political parties jointly) running in elections shall have the right to make payment to the fund of the political party (alliance of political parties) in the amount of up to 200 000-fold of the minimum salary.

3. (part repealed by HO-505-N of 5 December 2024)

4. During the election campaign, for the purposes provided for by part 1 of Article 27 of this Code, a political party (alliance of political parties) running in elections shall have the right to spend from the campaign fund an amount not exceeding the 800 000-fold of the minimum salary. In case of second round of election, the political party (alliance of political parties, new alliance) shall have the right to spend the funds remaining in its campaign fund, as well as get new funds as prescribed by Article 26 of this Code.

5. In case of holding second round of election, the political party (alliance of political parties, new alliance) shall have the right to spend an amount not exceeding 200 000-fold of the minimum salary for the purposes prescribed by this part.

(Article 92 edited by HO-202-N of 7 May 2021, amended, supplemented by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 93.

Airtime of election campaigning by audiovisual programmes

       (Title edited by HO-202-N of 7 May 2021, amended by HO-505-N of 5 December 2024)

1. During elections of the National Assembly, the airtime for conducting election campaigning by a political party running in elections through free and paid use of airtime of audiovisual media service providers shall be provided as prescribed by the Central Electoral Commission.

2. A political party running in elections shall have the right to use, free of charge, no more than 90 minutes of airtime of a public audiovisual broadcaster, no more than 150 minutes of airtime of a public audio broadcaster and no more than 25 minutes of airtime of each of other broadcasters founded in the Republic of Armenia having a licence for using a slot in the public multiplex.

3. A political party running in elections shall have the right to use for pay no more than 120 minutes of airtime of a public audiovisual broadcaster, and no more than 180 minutes of airtime of a public audio provider at the account of its campaign fund.

4. In case of declaring elections of the National Assembly as invalid and holding repeat voting, a political party running in elections shall have the right to use, free of charge, no more than 60 minutes of airtime of a public audiovisual broadcaster, no more than 90 minutes of airtime of a public audio broadcaster, no more than 20 minutes of airtime of each of other broadcasters founded in the Republic of Armenia having a licence for using a slot in the public multiplex and — at the account of the campaign fund — no more than 60 minutes of paid airtime of a public audiovisual broadcaster and no more than 90 minutes of paid airtime of a public audio broadcaster.

During the second round of election of the National Assembly, a political party running in elections shall have the right to use, free of charge, no more than 20 minutes of airtime of a public audiovisual broadcaster, no more than 40 minutes of airtime of a public audio broadcaster, no more than 10 minutes of airtime of each of other broadcasters founded in the Republic of Armenia, having a licence for using a slot in the public multiplex and — at the account of the campaign fund — no more than 40 minutes of paid airtime of a public audiovisual broadcaster and no more than 60 minutes of paid airtime of a public audio broadcaster.

The Central Electoral Commission shall distribute the airtime no later than within five days after adopting a decision on holding a second round of elections of the National Assembly, as well as declaring the elections as invalid and holding repeat voting.

(Article 93 edited, amended by HO-202-N of 7 May 2021, amended by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 93.1.

Accessibility to election campaigning materials in military units and military establishments

1. The commanding staff of the military unit and the administration of the military establishment shall ensure the opportunity for the military servants in military units and military establishments to follow, through audiovisual media service providers, the election campaigning, including to watch political advertisements, election debates between political parties (alliances of political parties) and candidates running in elections.

2. The commanding staff of the military unit and the administration of the military establishment shall, within a two-day period after it is published on the website of the Central Electoral Commission, ensure the accessibility — in printed form, and where applicable also in electronic form — of election programmes of political parties (alliances of political parties) running in elections, published on the website of the Central Electoral Commission, in the territory of the military unit or the military establishment, i.e. in the information room.

3. Military servants shall have the right to follow the election campaigning during their off-duty hours or days.

4. The use of subordination relations within the military service with the view to unreasonably restricting and otherwise obstructing the exercise by the subordinate military servants their right to follow the election campaigning provided for by this Article shall be prohibited.

(Article 93.1 supplemented by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

CHAPTER 17

 

BALLOT PAPERS

 

SUMMARISATION OF ELECTION RESULTS

 

Article 94.

Ballot papers

1. Individual ballot papers of same sizes shall be printed for each political party running in elections of the National Assembly. The ballot paper of each political party running in elections must, on its left and right sides, have a marking in black, symmetrical to the vertical axis aligned with the number of that political party so that it enables to identify from the side view of the bundle the availability of a ballot paper of another political party in that bundle.

The name of the political party (alliance of political parties) running in elections, the number issued to the political party, as well as the surnames, names and patronymics of the first 3 candidates in the electoral list shall be specified on the ballot paper of elections of the National Assembly.

2. The name of the political party, (alliance of political parties) running in elections and the name of the candidate for Prime Minister shall be specified in the ballot paper for the second round of elections of the National Assembly.

(Article 94 edited by HO-171-N of 1 April 2021, amended by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 95.

Summarisation of results of elections of the National Assembly

1. The Central Electoral Commission shall, in the manner and within the time limit prescribed by Article 75 of this Code, summarise the results of the election and adopt any of the following decisions:

(1) on the National Assembly being elected and distribution of mandates;

(2) on preliminary distribution of mandates of Deputies of the National Assembly;

(3) on calling a repeat voting in separate electoral precincts;

(4) on declaring the elections of the National Assembly as invalid and calling repeat voting for elections;

(5) on declaring the repeat voting for elections of the National Assembly as invalid. In that case the President of the Republic shall call a new regular election of the National Assembly.

2. The Central Electoral Commission shall adopt the decisions provided for in points 3, 4 and 5 of part 1 of this Article in cases provided for in Article 101.

3. Where the Central Electoral Commission has not adopted any of the decisions provided for in points 3, 4 and 5 of part 1 of this Article:

(1) a decision on the National Assembly being elected and distribution of mandates shall be adopted where upon the result of the election one of the political parties (alliance of political parties) running in elections has received — upon the result of due application of parts 4-9 of this Article — the majority of the total number of mandates distributed under parts 4-9 of this Article;

(2) a decision on preliminary distribution of mandates of Deputies of the National Assembly shall be adopted where — upon the result of due application of parts 4-9 of this Article — none of the political parties (alliance of political parties) running in elections has received the majority of the total number of mandates distributed under parts 4-9 of this Article.

4. Mandates of the National Assembly shall be distributed among the electoral lists of the political parties (alliances of political parties) which have received 4 per cent in case of political parties, in case of an alliance of political parties comprised of up to three political parties 8 per cent, and in case of an alliance composed of 4 and more political parties 10 per cent of ballot papers with affirmative vote out of the sum of the total number of ballot papers with affirmative vote and the number of inaccuracies. Where less than 3 political parties (alliances of political parties) have received at least 4 (8,10) per cent of ballot papers with affirmative votes out of the sum of the total number of ballot papers with affirmative votes and the number of inaccuracies, 3 political parties and alliances of political parties that have passed the thresholds set under this Code and have received ballot papers with affirmative vote that are the closest to the threshold set by law for a political party and alliance of political parties shall participate in the distribution of mandates.

Where any political party (alliance of political parties) has not received more than 2/3 of the sum of the total number of ballot papers with affirmative vote and the number of inaccuracies as a result of voting, but may receive more than 2/3 of the total number of mandates as a result of sequential application of parts 4-9 of this Article, political parties (alliances of political parties) with the number of mandates exceeding 2/3 of the total number of mandates subject to distribution, which — as a result sequential application of parts 4-9 of this Article — received at least 2 per cent of the sum of the total number of ballot papers voted in favour and the number of inaccuracies as a result of the voting, shall participate in the distribution of mandates sequentially, according to the sum of the number of ballot papers voted in favour. According to the size of the number of ballot papers voted in favour, one mandate shall be granted to each political party (alliance of political parties). Where the number of mandates subject to distribution exceeds the number of political parties (alliances of political parties) having received at least 2 per cent of the sum of the total number of ballot papers voted in favour and the number of inaccuracies as a result of the voting, according to the size of the number of ballot papers voted in favour, distribution of mandates shall continue until the mandates subject to distribution are exhausted.

5. Mandates of the National Assembly shall be distributed among political parties (alliances of political parties) in proportion with the number of ballot papers with affirmative vote cast in favour of each of them. The calculation of the number of mandates available for each political party (alliance of political parties) shall be carried out as follows: the number of ballot papers with affirmative vote cast in favour of each political party (alliance of political parties) shall be multiplied by 101, the product shall be divided by the total number of ballot papers with affirmative vote cast in favour of political parties (alliance of political parties) having passed the threshold, and integer numbers shall be parted, which shall be the numbers of mandates available for each political party (alliance of political parties).

6. The mandates remaining from 101 mandates shall be distributed among political parties (alliances of political parties) by the sequence of value of remainders, by the principle of one mandate to each. In case the values of remainders are equal, the contested mandate shall be given to the political party (alliance of political parties) with the highest number of ballot papers with affirmative vote cast in favour, and in the event of a tie, the mandate shall be given by drawing of lots.

7. (part repealed by HO-171-N of 1 April 2021)

8. (part repealed by HO-171-N of 1 April 2021)

9. 4 mandates of Deputies shall be distributed among national minority representatives by the principle of 1 mandate to each of the first 4 national minorities with the largest number of resident population based on the data of the latest census preceding the elections. To this end, mandates shall be distributed among the political parties (alliances of political parties) having passed the threshold, by the coefficient received for each mandate, which shall be calculated by the following formula:

 

Cp	=	Fm
		__________
		Mm+1

where:

Cp — coefficient of a political party (alliance of political parties);

Fm — the number of mandates received from the first part of the list of the political party (alliance of political parties);

Mm — the total number of mandates already received by the political party (alliance of political parties) out of the 4 mandates for national minority representatives, in calculating the coefficient of the political party (alliance of political parties) for the next mandate.

Mandates of national minority representatives shall be distributed among political parties (alliances of political parties) by the sequence of reduction of coefficients. In case of equal coefficients, the mandate shall be distributed by drawing of lots.

When distributing mandates of national minority representatives, a political party (alliance of political parties) shall provide the mandate to the national minority under the smallest record number in its list not yet having a mandate. Where there is not any in the second part of the electoral list of the political party (alliance of political parties), the turn for the distribution shall be passed on to the political party (alliance of political parties) having the next coefficient by value. Where in the course of such a process it is impossible to distribute mandates of national minority representatives any more, the respective mandate shall remain vacant.

(Article 95 amended by HO-171-N of 1 April 2021, edited by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 96.

Majority additional mandates (title edited by HO-202-N of 7 May 2021)

1. Where, upon the result of sequential application of parts 4-9 of Article 95 of this Code, any political party received the majority of the total number of mandates distributed under parts 4-9 of Article 95 of this Code, which is less than 52 per cent, the given political party shall receive as many minimum additional mandates upon the results whereof the number of mandates of that political party, expressed in per cents, makes no less than 52 per cent.

(Article 96 amended by HO-171-N of 1 April 2021, edited by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 97.

Formation of political coalitions

1. Within 9 days after adoption of the decision provided for in point 2 of part 1 of Article 95 of this Code, the political party (alliance of political parties) having received the relative majority of the total number of mandates distributed under parts 4-9 of Article 95 of this Code may form a political coalition with other political parties (alliances of political parties) having participated in the distribution of mandates, where the sum of the votes cast in favour of them is sufficient for receiving 52 per cent of the total number of mandates distributed under parts 4-9 of Article 95 of this Code, and they have come to an agreement as to the candidate for Prime Minister.

Where within 9 days after adoption of the decision provided for by point 2 of part 1 of Article 95 of this Code, the political party (alliance of political parties) having received the relative majority of the total number of mandates distributed under parts 4-9 of Article 95 of this Code fails to form a political coalition as prescribed by this Article, any political party (alliance of political parties) having participated in the distribution of mandates as prescribed by parts 4-9 of Article 95 of this Code may, within a 5-day period, form a political coalition with the other political parties (alliances of political parties) having participated in the distribution of mandates, where the sum of the votes cast in favour of them is sufficient for receiving 52 per cent of the total number of mandates distributed under parts 4-9 of Article 95 of this Code, and they have come to an agreement as to the candidate for Prime Minister.

2. Coalition member political parties (alliances of political parties) must — by 18:00 of the day of deadline for forming a coalition — submit to the Central Electoral Commission the decisions of permanently functioning governing bodies of coalition member political parties (all member political parties to alliances of political parties) on forming a coalition. The decision on forming a coalition must contain the surname, name, patronymic of the candidate for Prime Minister. In case of failure to submit or incomplete submission of the mentioned decisions within the prescribed time limit the coalition shall be considered as not having been formed.

3. The Central Electoral Commission shall — on the day following the expiry of the deadline provided for in part 2 of this Article — adopt a decision on holding a second round of election or on the National Assembly being elected.

(Article 97 amended by HO-171-N of 1 April 2021, edited by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 98.

Second round of election of the National Assembly

1. The second round of election of the National Assembly shall be held on the 35th day following the voting day. Two political parties (alliances of political parties) having received the maximum number of affirmative votes of electors shall run in the second round of election, with the exception of the case prescribed by part 3 of this Article.

2. New alliances — comprised of political parties (alliances of political parties) having passed the thresholds — may be formed with political parties (alliances of political parties) running in the second round of election, where they have come to an agreement as to the candidate for Prime Minister.

The application on forming a new alliance — signed by heads of all member political parties to the new alliance (all member political parties to the alliance of political parties) — shall be submitted to the Central Electoral Commission — until the 5th day following the adoption of the decision on holding a second round, by 18:00, as prescribed by the Central Electoral Commission. The mentioned application must contain the surname, name, patronymic of the candidate for Prime Minister. In case of failure to submit the application on forming a new alliance within the prescribed time limit or in case of submitting an incomplete application, the new alliance shall be considered as not formed.

3. Where 2 political parties (alliances of political parties), having received the maximum number of ballot papers with affirmative vote, form a new alliance together, the next political party (alliance of political parties) with the maximum number of ballot papers with affirmative vote, having received the maximum number of ballot papers with affirmative vote and not included in the new alliance, shall run in the second round of election with which a new alliance may be formed as well. The application on forming that new alliance, signed by heads of member political parties to the alliance (all member political parties to the alliances of political parties) shall be submitted to the Central Electoral Commission until the 7th day, by 18:00, following the decision of the Central Electoral Commission on holding a second round of election, as prescribed by the Central Electoral Commission.

4. Where the new alliance — the member political parties (alliances of political parties) to which, by the results of the first round, have together received 52 per cent or more of the total number of mandates distributed under parts 4-9 of Article 95 of this Code — wins in the second round of election, they shall maintain the received mandates.

5. (part repealed by HO-202-N of 7 May 2021)

6. The political party (alliance of political parties) or the new alliance having won in the second round of election which (whose member political parties together), by the results of the first round, has received less than 52 per cent of the mandates distributed under parts 4-9 of Article 95, shall receive additional mandates as prescribed by Article 96 of this Code.

(Article 98 amended by HO-171-N of 1 April 2021, amended, edited by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 99.

Summarisation of results of the second round of election of the National Assembly

1. The Central Electoral Commission shall, as prescribed by Article 75 of this Code and on the 7th day following the voting day of the second round of election, summarise the results of elections of the National Assembly and adopt any of the following decisions:

(1) on the National Assembly being elected;

(2) on calling repeat voting in separate electoral precincts;

(3) on declaring elections of the National Assembly as invalid. In that case the President of the Republic shall call a new regular election of the National Assembly.

2. In the case prescribed by part 2 of Article 98 of this Code, the Central Electoral Commission shall also adopt a decision on distribution of additional mandates.

(Article 99 amended by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 100.

Provision of mandates to Deputies

1. Provision of mandates to candidates included in the electoral list of a political party shall be carried out upon the protocol of the Central Electoral Commission, by registering the elected Deputies of the National Assembly. The candidate having received a mandate from one part of the electoral list shall be removed from the other part of the electoral list.

2. Firstly, mandates shall be provided to the representatives of national minorities as prescribed by part 9 of Article 95 of this Code.

Secondly, mandates shall be provided to candidates of the first part of the electoral list of the political party, in sequential order. Where, as a result of it, all mandates of the political party are distributed among representatives of the same sex, the last candidate shall give up his or her mandate to the candidate under the smallest number from the unrepresented sex from the first part of the electoral list, if any. If the number of candidates included in the first part of the electoral list of a political party is smaller than the number of mandates available, the relevant mandates shall remain vacant.

3. The mandate of a Deputy — who has waived the mandate under the first part of the electoral list or who has been elected as Deputy therefrom and whose powers have been early terminated — shall be given to the next candidate in sequence in the first part of the electoral list of that political party upon a protocol of the Central Electoral Commission, within a 1-week period after notifying the Commission, and where as a result of it, the number of representatives of any sex in the given faction falls below and results in less than 30 per cent, it shall be given to the next candidate of the less represented sex from the first part of the electoral list of that political party, if any.

4. Where there is no other candidate in the first part of the electoral list, the mandate shall remain vacant. Within the meaning of this Article, the notary-certified application for recusal or for waiver of the mandate shall be deemed valid within the meaning of this Article where it has been submitted to the Central Electoral Commission within a maximum 3-day period after certification by a notary.

5. The mandate of a Deputy — who has waived the mandate under the second part of the electoral list or who has been elected as Deputy therefrom and whose powers have been early terminated — shall be given to the candidate under the smallest number in the list of the same national minority of the second part of the electoral list of that political party upon a protocol of the Central Electoral Commission, within a 1-week period after notifying the Commission, in case there are no any, the mandate shall remain vacant.

6. Applications for recusal or waiver of the mandate submitted by persons included in the electoral list of a political party shall be certified by a notary, or the person shall confirm such application at the session of the Central Electoral Commission.

7. In case of submitting an application for recusal, the name, surname of the citizen shall be removed from the first and second parts of the electoral list as prescribed by the Central Electoral Commission.

(Article 100 edited by HO-171-N of 1 April 2021, supplemented, amended by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 101.

Calling a repeat voting for elections of the National Assembly, declaring election results as invalid

1. Where in the course of elections, such violations of this Code have taken place that might have affected the election results, the Central Electoral Commission shall adopt a decision on holding a repeat voting in separate electoral precincts, where it is possible to remedy the consequences of those violations by such measure. Where it is not possible to remedy these violations by such measure, elections of the National Assembly shall be declared as invalid, and a repeat voting for the elections of the National Assembly shall be called.

2. Where in the course of repeat voting for elections of the National Assembly or in the course of holding a repeat voting in separate electoral precincts, such violations of this Code have taken place that might have affected the election results, the Central Electoral Commission shall adopt a decision on declaring the elections of the National Assembly as invalid and shall call a repeat voting for elections of the National Assembly.

3. Where the Central Electoral Commission adopts a decision on holding a repeat voting in separate electoral precincts, the repeat voting shall be held on the 7th day following the adoption of this decision. In this case, the time limits prescribed by this Code for summarisation of results of elections of the National Assembly shall be calculated from the day of repeat voting.

4. No earlier than 15 and no later than 30 days after the entry into force of the decision on declaring the elections of the National Assembly as invalid, a repeat voting shall be held as prescribed by this Code and with the same composition of political parties.

5. In case the results of repeat voting for elections of the National Assembly are declared as invalid, a new regular election shall be held no later than 70 days after the entry into force of that decision. In the event of a new regular election, the President of the Republic shall — on the 7th day after the adoption of the decision on declaring the election of the National Assembly as invalid — adopt a decree on setting the voting day.

6. New regular election shall be held by new nomination and in the manner and within the time limits prescribed for early elections.

 

Article 102.

Appealing the results of elections of the National Assembly

1. Applications for challenging the decisions, adopted under part 1 of Article 95, part 3 of Article 97, Article 99 of this Code based on the result of elections of the National Assembly, may be submitted to the Constitutional Court on the 5th day following the publication of the relevant decision, by 18:00.

(Article 102 amended by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

CHAPTER 18

 

CALLING AND HOLDING ELECTIONS OF THE NATIONAL ASSEMBLY

 

Article 103.

Time limits for calling, holding regular elections of the National Assembly, and for nominating and registering candidates for Deputy

1. A regular election of the National Assembly shall be held no earlier than 60 and no later than 50 days before the expiry of powers of the National Assembly.

2. No later than 90 days before the voting day, the President of the Republic shall promulgate a decree on calling regular elections of the National Assembly.

3. The political parties running in elections of the National Assembly shall submit the documents for registration to the Central Electoral Commission no earlier than 55 and no later than 45 days before the voting day, by 18:00.

4. Registration of electoral lists of political parties running in elections shall be carried out no earlier than 45 and no later than 35 days before the voting day, by 18:00.

 

Article 104.

Calling and holding early elections of the National Assembly

1. Early elections of the National Assembly shall be held no earlier than 30 and no later than 45 days after dissolving the National Assembly.

2. After the National Assembly is dissolved by virtue of law, the President of the Republic shall immediately promulgate a decree on calling early elections of the National assembly.

3. Documents required for registration of the political parties running in elections of the National Assembly shall be submitted to the Central Electoral Commission no later than 25 days before the voting day, by 18:00.

4. Registration of electoral lists of political parties running in elections shall be carried out no earlier than 25 and no later than 20 days before the voting day, by 18:00.

5. Electoral precincts shall be formed and polling stations shall be designated no later than 25 days before the voting day. No later than 20 days before the voting day, the authorised body shall hand over the lists of electors to the person possessing the premises of the polling station, who shall post them at the polling station, in a place visible to all.

(Article 104 edited by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

SECTION 4.1

 

(Section supplemented by HO-333-N of 18 June 2020)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

 

ELECTIONS OF LOCAL SELF-GOVERNMENT BODIES

 

CHAPTER 18.1

 

GENERAL PROVISIONS

 

Article 104.1

Electoral system

1. The elections of local self-government bodies shall be held through the majoritarian or proportional electoral systems.

2. In case of the majoritarian electoral system:

(1) during the election of head of community, a single-mandate majoritarian constituency shall be formed in the territory of the community;

(2) during the election of Council of Elders of a community, one multi-mandate majoritarian constituency shall be formed in the territory of the community.

3. In case of the proportional electoral system:

(1) the elections of community Councils of Elders shall be held through the proportional electoral system;

(2) during the election of community Councils of Elders, one multi-mandate constituency shall be formed in the territory of the community, respectively.

4. The elections of head of community and member of Council of Elders in communities having up to 4000 electors shall be held through the majoritarian electoral system.

5. The elections of community Council of Elders in communities having more than 4 000 electors shall be held through the proportional electoral system.

6. The Council of Elders of a community shall comprise:

(1) five members — in a community having up to 1 000 electors;

(2) seven members — in a community having from 1 001 to 2 000 electors;

(3) nine members — in a community having from 2 001 to 4 000 electors;

(4) fifteen members — in a community having from 4 001 to 10 000 electors;

(5) twenty-one members — in a community having from 10 001 to 25 000 electors;

(6) twenty-seven members — in a community having from 25 001 to 70 000 electors;

(7) thirty-three members — in a community having from 70 001 to 300 000 electors;

(8) sixty-five members — in a community having more than 300 000 electors.

7. The number of electors for every community shall be calculated by taking as a basis the number of electors referred to in the statement of information issued in accordance with part 2 of Article 12 of this Code.

(Article 104.1 amended by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

SECTION 5

 

ELECTIONS OF HEAD OF COMMUNITY AND MEMBER OF COUNCIL OF ELDERS OF A COMMUNITY THROUGH THE MAJORITARIAN ELECTORAL SYSTEM

 

(Title supplemented by HO-333-N of 18 June 2020)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

 

CHAPTER 19

 

GENERAL PROVISIONS

 

Article 105.

Electoral system

      (Article repealed by HO-333-N of 18 June 2020)
      (Law HO-333-N of 18 June 2020 contains a transitional provision)

Article 106.

Right to elect

1. Each elector shall have one vote:

(1) during the election of head of community;

(2) during the election of member of Council of Elders.

 

Article 107.

Requirements set for candidates for head of community and member of Council of Elders

1. Persons having the right to elect during elections of local self-government bodies pursuant to Article 2 of this Code may be elected as head of community and member of Council of Elders.

2. Judges, prosecutors, officers of the Judicial Acts Compulsory Enforcement Service, officers of the Police, the National Security Service, the Anti-Corruption Committee, rescue, tax, customs authorities, penitentiary service, the Probation Service, the Rescue Service, military servants, members of electoral commissions, persons holding autonomous positions at the Investigative Committee, may not be nominated as a candidate for head of community and member of Council of Elders.

(Article 107 supplemented by HO-318-N of 4 May 2018, amended, supplemented by HO-70-N of 21 January 2020, HO-158-N of 24 March 2021)

 

CHAPTER 20

 

NOMINATION OF CANDIDATES FOR HEAD OF COMMUNITY AND MEMBER OF COUNCIL OF ELDERS

 

Article 108.

Nomination of candidates for head of community and member of Council of Elders

1. Candidates for head of community and member of Council of Elders may be nominated by political parties based on the decision of their respective district (primary, local) units, as well as by persons having the right to be elected, by way of self-nomination through submitting an application thereon.

A political party may also nominate a person, who is not its member, as a candidate for head of community and member of Council of Elders.

2. The decision of the respective district (primary, local) unit of a political party on nominating a candidate for head of community and member of Council of Elders and — in case of self-nomination - the application, shall contain the name of the community and the following information about the candidate:

(1) surname, name, patronymic;

(2) date of birth;

(3) place of record-registration;

(4) place of employment and position (occupation);

(5) political party affiliation, as well as it may contain data on up to 2 authorised representatives of the candidate (their surname, name, patronymic, date of birth, number of the personal identification document, place of employment and position (occupation)).

3. The candidates for head of community and for member of Council of Elders shall — attached to the decision of the respective district (primary, local) unit of the political party or the application for self-nomination — submit to the constituency electoral commission:

(1) the receipt for payment of the electoral deposit.

In case of a community having up to 500 electors no electoral deposit shall be paid by a candidate for head of community and member of Council of Elders. The electoral deposit shall — in case of a community having from 501 to 1 000 electors — be paid in the amount of 50-fold of the minimum salary by a candidate for head of community, in the amount of 10-fold of the minimum salary by a candidate for member of Council of Elders, in case of a community having from 1 001 to 4 000 electors — in the amount of 100-fold of the minimum salary by a candidate for head of community, in the amount of 15-fold of the minimum salary by a candidate for member of Council of Elders;

(2) a statement of information on being record-registered — for time limits prescribed by part 2 of Article 2 of this Code — in the population register of the community concerned;

(3) carbon copy of the personal identification document.

4. The form of the statement of information prescribed by point 2 of part 3 of this Article shall be defined by the Central Electoral Commission. The mentioned statement of information shall be issued by the authorised body within a 3-day period following the request but no earlier than before calling elections.

The authorised body shall, upon its decision, refuse to provide the statement of information of the specified form to an applicant, where the data concerning him or her do not meet the requirements provided for by part 1 of Article 107 of this Code.

5. Registration documents shall be submitted only by a candidate or an authorised representative, in person, within the time limits prescribed by this Code.

6. Where errors, deletions, erasures, misprints are found in documents submitted for the registration of a candidate for head of community and member of Council of Elders, the constituency electoral commission shall be obliged to bring them to the attention of persons submitting such documents so as to correct them, as well as correct itself, in their presence, the evident errors, misprints existing in the submitted documents.

The Commission shall not have the right not to accept the submitted documents only for the reason that they contain such errors, deletions, erasures, or misprints. The provisions of this part shall not apply to correction of errors, deletions, erasures, misprints or elimination of other deficiencies found in the documents, the right whereof is reserved by law to the bodies having adopted or issued such documents.

In case the submitted documents contain inaccuracies referred to in the second paragraph of this part or in case of incompleteness of documents attached to the application, the constituency electoral commission shall give 48 hours for eliminating the mentioned inaccuracies, completing the attached documents. In case of failure to eliminate inaccuracies or to complete the documents within that time limit, the registration of the candidate shall be rejected.

(Article 108 supplemented by HO-119-N of 30 June 2016, edited by HO-333-N of 18 June 2020, amended by HO-202-N of 7 May 2021)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 109.

Registration of candidates for head of community and member of Council of Elders

1. Candidates for head of community and member of Council of Elders shall be registered by the decision of the constituency electoral commission.

In case no objection is raised by the members of the constituency electoral commission with regard to the registration, the candidate shall be registered without voting.

2. The candidate and the authorised representative thereof shall have the right to be present at the session of the constituency electoral commission when the issue of registration of the candidate is discussed.

(Article 109 amended by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 110.

Rejecting the registration of a candidate for head of community and member of Council of Elders

1. The constituency electoral commission shall reject the registration of a candidate for head of community and member of Council of Elders, where:

(1) he or she does not have the right to be elected;

(2) not all the documents thereon have been submitted or the submitted documents are incomplete or falsified.

2. In case objection is raised by a member of the commission with regard to the registration of a candidate for head of community and member of Council of Elders, the objection shall be put to vote. The registration shall be rejected upon a decision adopted by at least 2/3 of the total number of votes of members of constituency electoral commission.

(Article 110 amended by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 111.

Declaring as invalid the registration of a candidate for head of community and member of Council of Elders

1. The constituency electoral commission shall declare as invalid the registration of a candidate for head of community and member of Council of Elders, where by virtue of facts having emerged after the registration:

(1) he or she does not have the right to be elected;

(2) the documents submitted thereon are falsified.

The registration of a candidate shall be declared as invalid upon a decision adopted by at least 2/3 of the total number of votes of members of constituency electoral commission.

(Article 111 amended by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 112.

Procedure for appealing decisions on rejecting, declaring as invalid the registration of a candidate for head of community and member of Council of Elders

1. The decision of the constituency electoral commission on rejecting or declaring as invalid the registration of a candidate for head of community or member of Council of Elders may be appealed before the Administrative Court.

2. A candidate shall be deemed registered or re-registered upon a judicial act on declaring as invalid the decision of the constituency electoral commission on rejecting or declaring as invalid the registration of a candidate for head of community or member of Council of Elders.

(Article 112 amended by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 113.

Revoking the registration of a candidate for head of community or member of Council of Elders

1. The registration of a candidate for head of community or member of Council of Elders shall be revoked:

(1) by the decision of the constituency electoral commission, where he or she has submitted an application for recusal;

(2) upon a court decision, in cases prescribed by part 8 of Article 19 or part 1 of Article 26 or part 5 of Article 27 of this Code.

(Article 113 amended by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

CHAPTER 21

 

STATUS OF CANDIDATES FOR HEAD OF COMMUNITY AND MEMBER OF COUNCIL OF ELDERS

 

Article 114.

Status, legal equality of candidates for head of community and member of Council of Elders

1. Candidates for head of community and member of Council of Elders shall acquire their status upon registration. Rights and responsibilities prescribed by this Code shall extend to candidates for head of community and member of Council of Elders until the expiry of the time limit prescribed for appealing the decision of the constituency electoral commission on head of community and members of Council of Elders being elected, and in case this decision is appealed — until the Administrative Court adopts a decision.

Candidates shall have equal rights and responsibilities arising from the status of a candidate for head of community and member of Council of Elders.

2. A candidate for head of community or member of Council of Elders may submit an application for recusal no later than 10 days before the voting day, by 18:00. An application for recusal shall be certified by a notary, or the candidate shall confirm his or her application for recusal at the session of the constituency electoral commission. Within the meaning of this Article, the notary-certified application for recusal shall be deemed valid where it has been submitted to the constituency electoral commission within a maximum 3-day period after certification by a notary.

(Article 114 supplemented, amended by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

CHAPTER 22

 

ELECTION CAMPAIGNING OF CANDIDATES FOR HEAD OF COMMUNITY AND MEMBER OF COUNCIL OF ELDERS

 

Article 115.

Campaign fund of candidates for head of community and member of Council of Elders

1. Candidate for head of community and for member of Council of Elders of a community elected through the majoritarian electoral system shall set up a campaign fund where during the election campaign he or she will use or has already used an amount exceeding 500-fold of the minimum salary for funding the expenses prescribed by part 1 of Article 27 of this Code.

2. The campaign fund shall be formed by the payments referred to in Article 26 of this Code.

A candidate for head of community and member of Council of Elders shall have the right to make payment to his or her fund in the amount of up to 150-fold, and the political party having nominated him or her — in the amount of up to 200-fold of the minimum salary.

3. Every natural person may make a payment to the campaign fund of a candidate in the amount of up to 50-fold of the minimum salary.

4. During the election campaign, for the purpose of funding the expenses prescribed by part 1 Article 27 of this Code, the candidate for head of community or for Council of Elders of a community shall have the right to spend a sum in the amount of up to 3 000-fold of the minimum salary.

(Article 115 supplemented by HO-119-N of 30 June 2016, edited by HO-333-N of 18 June 2020, edited, amended by HO-202-N of 7 May 2021, amended by HO-505-N of 5 December 2024)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 116.

Election campaigning

1. During elections of head of community and member of Council of Elders the election campaigning shall be conducted in the manner and within the time limits prescribed by this Code.

 

CHAPTER 23

 

SUMMARISATION OF RESULTS OF ELECTIONS OF HEAD OF COMMUNITY AND MEMBER OF COUNCIL OF ELDERS

 

Article 117.

Ballot papers

1. The surnames, names, patronymics of candidates, in alphabetical order, the name of the nominating political party, and in case of self-nomination — the word "self-nomination" shall be specified on the left side of the ballot paper, and empty tick boxes shall be placed on the right for the notes of the electors.

In case 1 candidate is voted on, the words “for” and “against” shall be indicated below the line where the surname of the candidate is specified with an empty tick box next to each of them on the right side for making a note.

Where surnames of candidates coincide, their names shall be specified in alphabetical order of their names and patronymics. Where surnames, names and patronymics of candidates coincide, the date of birth of the candidate shall be specified. In this case the data on the eldest candidate shall be specified first.

In case of holding voting for head of community and member of Council of Elders, individual ballot papers shall be prepared for each voting which obviously differ from each other in colour. The envelopes must be of the same colour as the colour of ballot papers.

 

Article 118.

Summarisation of results of election of head of community

1. The constituency electoral commission shall, in the manner and within the time limits prescribed by Article 74 of this Code, summarise the election results and adopt any of the following decisions:

(1) on head of community being elected;

(2) on calling a repeat voting in separate electoral precincts;

(3) on declaring the election of head of community as invalid;

(4) on declaring the election of head of community as not having taken place.

2. The candidate having received the maximum number of ballot papers with affirmative vote shall be elected as head of community. Where one candidate is voted on, he or she shall be elected where more than half of those participating in the voting have cast affirmative votes in favour of him or her.

Where 2 and more candidates have received an equal number of ballot papers with maximum affirmative votes, the elected candidate shall be determined by drawing of lots among them.

3. Where in the course of election such violations of this Code have taken place that might have affected the election results, the constituency electoral commission shall adopt a decision on holding a repeat voting in separate electoral precincts, where it is possible to remedy these violations by such measure. Where it is impossible to remedy these violations by such measure, elections shall be declared as invalid, and a repeat voting shall be called.

4. Where in the course of repeat voting for elections or in the course of holding a repeat voting in separate electoral precincts, such violations of this Code have taken place that might have affected the election results, the constituency electoral commission shall adopt a decision on declaring the elections as invalid and shall call a repeat voting.

5. Where the constituency electoral commission adopts a decision on holding a repeat voting in separate electoral precincts, the repeat voting shall be held on the 9th day following the adoption of this decision. In this case, the time limits prescribed by this Code for summarisation of results of elections of head of community shall be calculated from the day of repeat voting.

6. The election of a head of community shall be declared as not having taken place:

(1) where the only candidate voted on has failed to receive the required number of affirmative votes of electors;

(2) where no candidate has been registered within the time limit and in the manner prescribed by this Code for registration of candidates;

(3) in case of death of one of the candidates before the end of the voting;

(4) in case of death of a candidate having received the maximum number of ballot papers with affirmative vote before the summarization of election results;

(5) in cases of death of the elected head of community or refusal to assume powers after the election, before assuming powers;

(6) where based on the results of repeat voting, elections have been declared as invalid.

7. The chairperson of the constituency electoral commission shall — within a 5-day period after adopting a decision on the results of the elections of head of community — submit it to the marz governor (regional governor).

8. In case elections of head of community are declared as invalid, a repeat voting shall be held with the same composition of candidates, after 21 days following the voting day. Repeat voting with the same composition of candidates may be held only once.

9. The decision adopted by the constituency electoral commission based on the results of elections of head of community may be appealed before the Administrative Court.

(Article 118 amended by HO-158-N of 20 October 2016, amended, edited by HO-202-N of 7 May 2021, amended by HO-505-N of 5 December 2024)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 119.

Summarisation of results of election of members of Council of Elders

1. The constituency electoral commission shall, in the manner and within the time limit prescribed by Article 74 of this Code, summarise the election results and adopt any of the following decisions:

(1) on members of community Council of Elders being elected;

(2) on calling a repeat voting in separate electoral precincts;

(3) on declaring the election of a community Council of Elders as invalid;

(4) on declaring the election of a community Council of Elders as not having taken place.

2. A respective number of candidates for member of Council of Elders, referred to in part 6 of Article 104.1 of this Code, who have received the maximum number of ballot papers with affirmative vote, shall be elected in the community. In the event of a tie of ballot papers with affirmative vote, the elected candidate shall be determined by drawing of lots between them.

3. Where in the course of election such violations of this Code have taken place that might have affected the election results, the constituency electoral commission shall adopt a decision on holding a repeat voting in separate electoral precincts, if it is possible to remedy these violations by such measure. Where it is impossible to remedy these violations by such measure, elections shall be declared as invalid, and a repeat voting shall be called.

4. Where in the course of repeat voting for elections or in the course of holding a repeat voting in separate electoral precincts, such violations of this Code have taken place that might have affected the elections results, the constituency electoral commission shall adopt a decision on declaring the elections as invalid and shall call a repeat voting.

5. Where the constituency electoral commission adopts a decision on holding a repeat voting in separate electoral precincts, the repeat voting shall be held on the 9th day following the adoption of this decision. In this case, the time limits prescribed by this Code for summarisation of the results of elections of a community Council of Elders shall be calculated from the day of repeat voting.

6. In case of declaring elections of members of a community Council of Elders as invalid, a repeat voting shall be held with the same composition of candidates after 21 days following the voting day.

Repeat voting with the same composition of candidates may be held only once.

7. Election of members of a Council of Elders of a community shall be considered as not having taken place where the number of candidates, registered within the time limit and in the manner prescribed by this Code for registration of candidates, is less than or equal to the number of members of a Council of Elders of a community referred to in part 6 of Article 104.1 of this Code, or where after registration the number of candidates falls below two third of the number of members of a Council of Elders of a community referred to in part 6 of Article 104.1 of this Code, or, based on the results of the repeat voting, elections of the Council of Elders of a community have been declared as invalid.

8. The chairperson of the constituency electoral commission shall — within a 5-day period after adopting a decision on the results of the elections of members of a community Council of Elders — submit it to the marz governor (regional governor).

9. The decision adopted by the constituency electoral commission based on the results of election of members of a Council of Elders of a community may be appealed before the Administrative Court.

(Article 119 amended by HO-158-N of 20 October 2016, HO-333-N of 18 June 2020, HO-202-N of 7 May 2021)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

CHAPTER 24

 

TIME LIMITS AND PROCEDURE FOR CALLING AND HOLDING ELECTIONS OF HEAD OF COMMUNITY AND MEMBER OF COUNCIL OF ELDERS

 

Article 120.

Time limits for calling, holding a regular election, and for nominating and registering candidates

1. Regular elections of head of community and member of Council of Elders may be held up to 4 times a year. The voting days of regular elections of head of community and member of Council of Elders for each year shall be prescribed by the Central Electoral Commission.

2. In case of elections of members of Council of Elders, the voting day must be the day nearest to the day of expiry of powers from among the days prescribed by the Central Electoral Commission, prior to the expiry of powers.

2.1. In case of elections of head of community, the voting day must be the day nearest to the day of expiry of the powers of head of community from among the days prescribed by the Central Electoral Commission.

2.2. Regular elections of head of community and member of Council of Elders shall be called by the marz governor (regional governor) no later than 70 days before the voting day, indicating in his or her decision the electoral system (proportional or majoritarian), taking as a basis the information previously received from the authorised state body in regard to the number of electors in the community concerned. The effect of the decision referred to in this part may not be terminated, except for cases provided for by law.

3. Documents necessary for the registration of candidates shall be submitted to the constituency electoral commission no earlier than 35 and no later than 30 days before the voting day, by 18:00.

4. Registration of candidates shall be carried out no earlier than 30 and no later than 25 days before the voting day, by 18:00.

5. Where the voting day for election of head of community and member of Council of Elders coincides with the voting day for elections of the National Assembly, the day for election of head of community and member of Council of Elders shall be postponed for 2 weeks.

(Article 120 supplemented, amended by HO-333-N of 18 June 2020, amended by HO-202-N of 7 May 2021, by HO-505-N of 5 December 2024)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 121.

Calling and holding a new election

1. A new election of head of community shall be called in the case of declaring the election of head of community as not having taken place as prescribed by part 6 of Article 118 of this Code.

2. A new election of a Council of Elders of a community shall be called in the case of declaring the election of a Council of Elders of a community as not having taken place as prescribed by part 7 of Article 119 of this Code.

3. A new election shall be held on the last Sunday of the 60-day period following the day of adoption by the constituency electoral commission of a decision on declaring the elections of head of community or members of Council of Elders as not having taken place, or following the day of entry into legal force of the court decision.

The new election shall be held by new nomination of candidates under the procedure prescribed by this Code for regular election of head of community, members of Council of Elders. The new election shall be called by marz governor.

(Article 121 amended by HO-202-N of 7 May 2021, by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 122.

Calling and holding early election and time limits for nominating and registering candidates

(Title edited by HO-505-N of 5 December 2024)

 

1. Early election of head of community shall be called upon the decision of the Government of the Republic of Armenia on the day from among the days prescribed by part 1 of Article 120 of this Code so that the time limits prescribed by this Article for the organisation and holding of elections are observed.

2. In case the total number of members of Council of Elders reduces by half, an early election shall be called by the decision of the Government of the Republic of Armenia in the manner and within the time limits prescribed by part 1 of this Article.

3. Documents necessary for registration of candidates shall be submitted to the constituency electoral commission no earlier than 35 and no later than 30 days before the voting day, by 18:00.

4. Registration of candidates shall be carried out no earlier than 30 and no later than 25 days before the voting day, by 18:00.

(Article 122 amended by HO-202-N of 7 May 2021, edited by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 122.1.

Calling and holding regular or early elections, nomination and registration of the candidates after the end of the martial law or state of emergency

1. During the martial law or the state of emergency, the term of powers of head of community or Council of Elders of a community shall be extended until the day of official announcement of the results of elections of head of community and Council of Elders of a community elected as a result of regular or early elections of head of community and Council of Elders of a community held following the martial law or the state of emergency, where no appeal is lodged with a court against the election results, whereas in case an appeal is lodged with the court against the election results — on the day the judicial act enters into force.

2. The regular election of the head of a community and Council of Elders of a community not having taken place due to the martial law or state of emergency shall be called upon the decision of marz governor, whereas the early election — upon the decision of the Government, no later than within a period of 7 days after the end of the martial law or the state of emergency.

3. Documents necessary for registration of candidates shall be submitted to the constituency electoral commission no earlier than 25 and no later than 21 days before the voting date, by 18:00.

4. Registration of the candidates shall be carried out no earlier than 21 days and no later than 19 days before the voting day, by 18:00.

5. Electoral precincts shall be formed and polling stations shall be designated no later than 20 days before the voting day. The lists of electors shall no later than 17 days before the voting day be posted at the polling station, in a place visible to all.

6. Applications for appointing members to a precinct electoral commission shall be submitted to the Central Electoral Commission no earlier than 20 days and no later than 18 days before the voting day, by 18:00.

(Article 122.1 supplemented by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

SECTION 6

 

ELECTIONS OF LOCAL SELF-GOVERNMENT BODIES THROUGH THE PROPORTIONAL ELECTORAL SYSTEM

(Title edited by HO-333-N of 18 June 2020)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

 

CHAPTER 25

 

ELECTIONS OF COUNCILS OF ELDERS OF COMMUNITIES THROUGH THE PROPORTIONAL ELECTORAL SYSTEM

(Title edited by HO-333-N of 18 June 2020)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

 

Article 123.

Composition of Councils of Elders of Yerevan, Gyumri, and Vanadzor

      (Article repealed by HO-333-N of 18 June 2020)

       (Law HO-333-N of 18 June 2020 contains a transitional provision)

 

Article 124

Electoral system

(Article repealed by HO-333-N of 18 June 2020)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

 

Article 125

Right to elect

1. Each elector shall have one vote during election of Councils of Elders of communities held through the proportional electoral system.

(Article 125 amended by HO-333-N of 18 June 2020)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

 

Article 126.

Right to be elected

1. Persons, having the right to elect during elections of local self-government bodies pursuant to Article 2 of this Code, shall have the right to be elected as member of the Council of Elders of communities in the elections held through the proportional electoral system.

2. Judges, prosecutors, officers of the Judicial Acts Compulsory Enforcement Service, officers of the Police, the National Security Service, the Anti-Corruption Committee, rescue, tax, customs authorities, penitentiary service, the Probation Service, the Rescue Service, military servants, members of an electoral commission, persons holding autonomous positions at the Investigative Committee may not be nominated as candidate for member of the Council of Elders of communities in the elections held through the proportional electoral system.

(Article 126 supplemented by HO-318-N of 4 May 2018, amended, supplemented by HO-70-N of 21 January 2020, amended by HO-333-N of 18 June 2020, supplemented, amended by HO-158-N of 24 March 2021)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

 

CHAPTER 26

CALLING AND HOLDING ELECTIONS OF THE COUNCILS OF ELDERS OF COMMUNITIES HELD THROUGH THE PROPORTIONAL ELECTORAL SYSTEM

(Title amended by HO-333-N of 18 June 2020)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

 

Article 127.

Time limits for calling, holding regular elections of the Councils of Elders of communities held through the proportional electoral system, for nominating and registering the electoral list of a political party running in elections

         (Title amended by HO-333-N of 18 June 2020)

1. The voting for elections of the Council of Elders of Yerevan shall be held no earlier than 30 and no later than 20 days before the expiry of powers of the Council of Elders.

2. Regular election of the Council of Elders of Yerevan shall be called by a decision of the Government of the Republic of Armenia so that the decision of the Government of the Republic of Armenia on calling election enters into force no later than 70 days before the voting day. Regular election of the Councils of Elders of communities (except for Yerevan) held through the proportional electoral system shall be called by the decision of the respective marz governor on a day from among the days prescribed by the Central Electoral Commission as prescribed by part 1 of Article 120 of this Code so that the decision of the marz governor on calling election enters into force no later than 70 days before the voting day.

Where the voting day for election of the Councils of Elders of communities held through the proportional electoral system coincides with the voting day for elections of the National Assembly, the day for election of the Council of Elders shall be postponed for 2 weeks.

3. Documents necessary for the registration of electoral lists of political parties running in elections of the Council of Elders of Yerevan shall be submitted to the Central Electoral Commission no earlier than 45 and no later than 35 days before the voting day, by 18:00.

4. Documents necessary for the registration of electoral lists of political parties running in elections of the Councils of Elders of communities (except for Yerevan) held through the proportional electoral system shall be submitted to the relevant constituency electoral commission no earlier than 45 and no later than 35 days before the voting day, by 18:00.

5. Registration of electoral lists of political parties running in elections shall be carried out no earlier than 35 and no later than 30 days before the voting day.

(Article 127 amended by HO-333-N of 18 June 2020. HO-202-N of 7 May 2021, HO-505-N of 5 December 2024)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 128.

Calling and holding early elections of the Councils of Elders of communities held through the proportional electoral system and time limits planned for registration of electoral lists

        (Title edited by HO-333-N of 18 June 2020, HO-505-N of 5 December 2024)

1. Early elections of the Councils of Elders of communities held through the proportional electoral system shall be called by the Government of the Republic of Armenia within a 2-week period after the dissolution of the respective Council of Elders.

2. Early election of the Council of Elders of Yerevan shall be called upon the decision of the Government of the Republic of Armenia, so that the decision of the Government of the Republic of Armenia on calling election enters into force no later than 70 days before the voting day.

3. The early elections of Councils of Elders of communities held through the proportional electoral system (except for Yerevan) shall be held on the day from among the days prescribed by part 1 of Article 120 of this Code so that the periods prescribed by this Code for organising and holding elections are observed.

4. Where the voting day for the early elections of the Councils of Elders of communities held through the proportional electoral system coincides with the voting day for the elections of the National Assembly, the election day for the Council of Elders shall be postponed by two weeks.

5. The documents required for registration of electoral lists of political parties running in early elections of the Council of Elders of Yerevan shall be submitted to the Central Electoral Commission no earlier than 45 and no later than 35 days before the voting day, by 18:00.

6. In case of early elections of the Council of Elders of Yerevan, registration of electoral lists of political parties running in elections shall be carried out no earlier than 35 and no later than 30 days before the voting day.

7. Documents required for registration of the electoral lists of the political parties running in early elections of the Councils of Elders of the communities (except for Yerevan) held through the proportional electoral system shall be submitted to the relevant constituency electoral commission no earlier than 45 and no later than 35 days before the voting day, by 18:00.

8. Registration of electoral lists of political parties running in elections shall be carried out no earlier than 35 and no later than 30 days before the voting day.

(Article 128 edited by HO-333-N of 18 June 2020, HO-505-N of 5 December 2024)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 128.1.

Calling and holding regular or early elections of Councils of Elders of a community held through proportional electoral system after the end of the martial law or state of emergency, nomination and registration of candidates

1. During the martial law or the state of emergency, the term of powers of Council of Elders of a community shall be extended until the day of official announcement of the results of elections of Council of Elders of a community elected as a result of regular or early elections of Council of Elders of a community held following the martial law or the state of emergency where no appeal is lodged with a court against the election results, whereas in case an appeal is lodged with the court against the election results — on the day the judicial act enters into force.

2. The regular or early election of the Council of Elders of Yerevan not having taken place due to the martial law or state of emergency, as well as the early election of Council of Elders of other communities held through proportional electoral system shall be called upon the decision of the Government, whereas the regular election of the Council of Elders of other communities — upon the decision of the marz governor, no later than within a period of 7 days after the end of the martial law or the state of emergency.

3. Documents necessary for registration of electoral lists of political parties running in elections shall be submitted to the relevant electoral commission no earlier than 25 and no later than 21 days before the voting date, by 18:00.

4. Registration of the electoral lists of political parties running in elections shall be carried out no earlier than 21 days and no later than 19 days before the voting day, by 18:00.

5. Electoral precincts shall be formed and polling stations shall be designated no later than 20 days before the voting day. No later than 17 days before the voting day, the authorized body shall hand over the lists of electors to the person having the premises of the polling station in its possession, who shall post them at the polling station, in a place visible to all.

6. Applications for appointing members to a precinct electoral commission shall be submitted to the Central Electoral Commission no earlier than 20 days and no later than 18 days before the voting day, by 18:00.

(Article 128.1 supplemented by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

CHAPTER 27

 

NOMINATION AND REGISTRATION OF CANDIDATES FOR MEMBER

OF THE COUNCIL OF ELDERS OF COMMUNITIES IN THE ELECTIONS HELD THROUGH THE PROPORTIONAL ELECTORAL SYSTEM

(Title amended by HO-333-N of 18 June 2020)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

 

Article 129.

Right to nominate candidates for member of the Council of Elders of communities in the elections held through the proportional electoral system

(Title amended by HO-333-N of 18 June 2020)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

 

1. The right to nominate candidates for member of the Council of Elders of communities in the elections held through the proportional electoral system shall be reserved to political parties and alliances of political parties.

A candidate may be nominated by the electoral list of only one political party.

2. Alliances of political parties may be formed by at least 2 political parties. A political party may be included in the composition of only 1 alliance of political parties.

The name of an alliance of political parties may not contain personal names, names of state and local self-government bodies, or names confusingly similar to them and (or) inflected forms thereof. The name of the alliance of political parties may not contain words or other expressions of an insulting or defamatory nature.

3. The political party included in an alliance of political parties may not run in elections on its own.

4. The decision on joining an alliance of political parties shall be adopted by the decision of the permanently functioning governing body of the political party.

5. The electoral list of an alliance of political parties shall be formed based on separate lists submitted by each political party included in the alliance.

The electoral lists of a political party (alliance of political parties) shall be approved and nominated by the decision of the permanently functioning governing body of the political party (by the decisions of permanently functioning governing bodies of member political parties to the alliance). All the pages of electoral lists shall be sealed and signed by the competent person of the political party (member political parties to the alliance).

6. Where any political party leaves the alliance of political parties, candidates of that political party for member of Council of Elders shall be removed from the electoral list of the alliance of political parties as prescribed by the Central Electoral Commission.

(Article 129 amended by HO-333-N of 18 June 2020, supplemented by HO-311-N of 14 July 2022)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-311-N of 14 July 2022 contains a transitional provision)

 

Article 130.

Nomination of candidates for member of the community Council of Elders in the elections held through the proportional electoral system

        (Title amended by HO-333-N of 18 June 2020)

1. Political parties shall submit the application for running in elections of the Council of Elders of Yerevan to the Central Electoral Commission, based on the decision of their permanently functioning governing body. The application shall be signed by the head of the political party. Alliances of political parties shall submit the application for running in elections of the Council of Elders of Yerevan to the Central Electoral Commission based on the decisions of the permanently functioning governing bodies of member political parties to the alliance, and the application shall be signed by the heads of all member political parties to the alliance.

Political parties shall submit the application for running in elections of the Councils of Elders of communities (except for Yerevan) to the constituency electoral commission, based on the decision of their permanently functioning governing body. The application shall be signed by the head of the political party. Alliances of political parties shall submit the application for running in elections of the Councils of Elders of communities (except for Yerevan) to the constituency electoral commission based on the decisions of the permanently functioning governing bodies of member political parties to the alliance, and the application shall be signed by the heads of all member political parties to the alliance.

2. Each political party (alliance of political parties) shall have the right to nominate only 1 electoral list. A political party included in an alliance of political parties shall have no right to nominate a separate list of candidates on its own behalf. The number of candidates included in the electoral list of a political party (alliance of political parties) running in elections must not be less than 1/3 of the number prescribed by this Code for mandates of members of Councils of Elders of a community. Where only one political party (alliance of political parties) has been nominated in elections, it shall be given an opportunity to complete the list of candidates before the expiry of the time limit prescribed by the Code for registration of electoral lists, where the number of the candidates is less than the number prescribed by this Code for the members of the Council of Elders of the given community.

Where the total number of candidates included in electoral lists of political parties (alliance of political parties) nominated in elections is less than the number prescribed by this Code for the members of Council of Elders of a community, they shall be given an opportunity to complete the list of candidates before the expiry of the time limit for registration of electoral lists.

The number of candidates included in the electoral list of a political party (alliance of political parties) running in elections may not exceed the 3-fold of the number prescribed by this Code for mandates of members of Council of Elders of communities.

In the electoral list of a political party (alliance of political parties) and each of the political parties included in the alliance, the number of representatives of each sex, starting from the 1st place on the list, must not exceed 70 per cent in each integer group of 3 (1-3, 1-6, 1-9 and subsequently up to the end of the list).

The electoral list of a political party (alliance of political parties) may include also persons who are not members of that political party (any of the member political parties to the alliance), the number of which may not exceed 30 per cent of the total number of candidates included in that electoral list.

The electoral list of a political party (alliance of political parties) running in elections of a multi-settlement community must include candidates representing at least one third of the settlements constituting the given community (having at least 6 month record-registration, and in case of candidates holding no citizenship — having at least 1 year record-registration in the given settlement before the voting day), except for communities with less than three settlements.

3. The following shall be attached to the application of a political party (alliance of political parties) for running in elections of the Councils of Elders of communities:

(1) the carbon copy (copies) of the charter of the political party (charters of political parties included in the alliance), all pages — sealed and signed by the authorised representative;

(2) the decision of the permanently functioning governing body of the political party (decisions of permanently functioning governing bodies of the member political parties to the alliance) on approving and nominating the electoral lists for the elections of the Councils of Elders of communities;

(3) the electoral list, which under consecutive numbers shall include the surname, name, patronymic, date of birth, sex, political party affiliation of candidates, personal identification document number, place of registration, place of employment and position (occupation);

(4) a statement of information proving that the candidate has been registered in the population register of the community under the time limit prescribed by part 2 of Article 2 of this Code. The statement of information referred to in this point shall be issued by the authorised body within a 3-day period following the request but no earlier than before calling elections. The form of the statement of information shall be prescribed by the Central Electoral Commission. The authorised body shall, upon its decision, reject the issuance of the statement of information of the specified form to the applicant, if the data thereon do not meet the requirements provided for by part 1 of Article 126 of this Code;

(5) written statement of the candidate regarding the consent to be registered as a candidate for member of the Council of Elders of the relevant community;

(6) separate electoral list submitted by each of the political parties included in the alliance of political parties;

(7) the receipt for payment of an electoral deposit in the amount of 3 000-fold of the minimum salary in case of the Council of Elders of the community having more than 300 000 electors, in the amount of 1 500-fold of the minimum salary in case of the Council of Elders of the community having from 70 001 to 300 000 electors, in the amount of 1 000-fold of the minimum salary in case of the Council of Elders of the community having from 25 001 to 70 000 electors, in the amount of 500-fold of the minimum salary in case of the Council of Elders of the community having from 10 001 to 25 000 electors, in the amount of 200-fold of the minimum salary in case of the Council of Elders of the community having up to 10 000 electors;

(8) carbon copies of personal identification documents of the candidates.

4. Data on up to 3 authorised representatives (surname, name, patronymic, date of birth, personal identification document number, place of employment, position) shall be specified in the application for running in elections submitted by the political party (alliance of political parties) running in elections.

Documents necessary for the registration of the electoral list of a political party (alliance of political parties) running in elections shall be submitted to the relevant electoral commission only by the authorised representative of the political party (alliance of political parties), in person, within the time limits prescribed by this Code.

4.1. In order to submit an application for running in elections, for the purpose of forming an electoral list of the political party (alliance of political parties) electronically, the Central Electoral Commission shall provide a user account to the political party (alliance of political parties).

For the purpose of forming an electoral list of the political party (alliance of political parties) in the official website of the Central Electoral Commission, the Central Electoral Commission shall establish the procedure for obtaining a user account, forming an electoral list electronically, and — for the purpose of obtaining a user account — the electronic sample form of the application.

5. Where errors, deletions, erasures, misprints are found in documents submitted for registration of the electoral list of the political party (alliance of political parties) running in elections, the electoral commission shall be obliged to bring them to the attention of persons submitting such documents so as to correct them, as well as correct itself, in their presence, evident errors, misprints existing in the submitted documents.

The electoral commission shall not have the right not to accept the submitted documents only for the reason that they contain such errors, deletions, erasures, or misprints. The provisions of this part shall not apply to correction of errors, deletions, erasures, misprints or elimination of other deficiencies found in the documents, the right whereof is reserved by law to the bodies having adopted or issued such documents.

In case the submitted documents contain inaccuracies referred to in the second paragraph of this part or in case of incompleteness of documents attached to the application, the electoral commission shall give 48 hours for eliminating the mentioned inaccuracies, completing the attached documents.

In case of failure to eliminate, within that period of time, the inaccuracies regarding the electoral list of a political party (alliance of political parties), or in case of failure to complete the documents, the registration of the electoral list shall be rejected and in case of failure to eliminate inaccuracies regarding a candidate included in the electoral list, or in case of failure to complete the documents, the registration of the given candidate included in the electoral list shall be rejected, and, his or her name shall be removed from the electoral list as prescribed by the Central Electoral Commission.

(Article 130 amended, edited by HO-333-N of 18 June 2020, HO-202-N of 7 May 2021, amended, supplemented by HO-505-N of 5 December 2024)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 131.

Registering electoral lists of a political party

1. Electoral lists of a political party running in elections of the Council of Elders of Yerevan shall be registered by the Central Electoral Commission.

Electoral lists of a political party running in elections of the Councils of Elders of the other communities held through the proportional electoral system shall be registered by the relevant constituency electoral commission.

2. In case no objection is raised by the members of the electoral commission with regard to registration of the electoral list of the political party, the electoral list shall be registered without voting.

Within a 3-day period after the expiry of the time limit prescribed for registration of electoral lists, the electoral lists shall be posted on the website of the Central Electoral Commission.

3. The authorised representative of a political party shall have the right to be present at the session of the Commission where the issue of registering the electoral list is discussed.

(Article 131 amended by HO-333-N of 18 June 2020, HO-202-N of 7 May 2021)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 132.

Rejecting the registration of an electoral list of a political party or a candidate included in the electoral list

1. The electoral commission shall reject the registration of the electoral list of a political party (alliance of political parties), where:

(1) not all the documents have been submitted or the submitted documents are incomplete or falsified;

(2) the electoral list does not comply with the requirements prescribed by part 2 of Article 130 of this Code (except for cases where non-compliance is conditioned by a circumstance which has emerged after the nomination);

(3) the political party has been dissolved;

(4) the number of political parties included in the alliance of political parties has fallen below 2;

(5) the activities of the political party have been suspended or prohibited.

(6) (point repealed by HO-505-N of 5 December 2024)

2. In case an objection is raised by a member of the electoral commission regarding the registration of the electoral list of a political party (alliance of political parties), the objection shall be put to vote. The registration of the electoral list shall be rejected upon the decision adopted by at least 2/3 of votes of the total number of members of the Commission.

3. The electoral commission shall reject the registration of a candidate included in the electoral list of a political party (alliance of political parties), where:

(1) he or she does not have the right to be elected;

(2) not all the documents thereon have been submitted or the submitted documents are incomplete or falsified.

4. In case an objection is raised by a member of the electoral commission regarding the registration of a candidate included in the electoral list of a political party (alliance of political parties), the objection shall be put to vote. The registration of a candidate included in the electoral list of a political party (alliance of political parties) shall be rejected upon the decision adopted by at least 2/3 of votes of the total number of members of the Commission.

5. In case the registration of a candidate included in the electoral list is rejected, the candidate shall be removed from the list as prescribed by the Central Electoral Commission.

(Article 132 supplemented by HO-2-N of 29 December 2020, amended by HO-505-N of 5 December 2024)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 133.

Declaring as invalid the registration of an electoral list of a political party (alliance of political parties) or a candidate included in the list

       (Title amended by HO-505-N of 5 December 2024)

1. The electoral commission shall declare the registration of an electoral list of a political party (alliance of political parties) as invalid, where facts emerge after the registration showing that the submitted documents regarding the political party (alliance of political parties) are falsified.

Registration of the electoral list of a political party — due to declaration as invalid or revocation of the registration of the candidate included in the electoral list of the political party (alliance of political parties) — shall not be revoked , even if the requirements prescribed by part 2 of Article 130 of this Code are violated.

1.1. The Electoral Commission may — on the ground of lack of jurisdiction of the congress and the permanently functioning governing body of the political party or failure to adopt the relevant decisions — declare as invalid the registration of an electoral list of a political party (alliance of political parties), based only on a judicial act confirming the availability of those grounds.

2. The registration of a candidate included in the electoral list shall be declared as invalid, where by virtue of facts having emerged after the registration:

(1) he or she does not have the right to be elected;

(2) the documents submitted thereon are falsified.

In case the registration of a candidate included in the electoral list is declared as invalid, the name of the candidate shall be removed from the list as prescribed by the Central Electoral Commission.

3. The registration of an electoral list of a political party (alliance of political parties) or a candidate included therein shall be declared as invalid upon a decision adopted by at least 2/3 of votes of the total number of members of the electoral commission.

(Article 133 amended, edited, supplemented by HO-505-N of 5 December 2024)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 134.

Procedure for appealing the decisions on rejecting, declaring as invalid or revoking the registration of an electoral list of a political party or a candidate included in the electoral list

1. The decision of the relevant electoral commission on rejecting the registration, declaring as invalid or revoking the registration of the electoral list of a political party or a candidate included in the electoral list may be appealed before the Administrative Court.

2. The electoral list or the candidate included in the electoral list shall be deemed registered or re-registered upon a judicial act on declaring as invalid the decision of the electoral commission on rejecting the registration, declaring as invalid or revoking the registration of an electoral list of a political party or a candidate included in the electoral list.

 

Article 135.

Revoking the registration of the electoral list of a political party or a candidate included in the electoral list

1. The registration of the electoral list of a political party (alliance of political parties) shall be revoked upon the decision of the electoral commission, where:

(1) an application for recusal has been submitted;

(2) the political party has been dissolved;

(3) the activities of the political party have been suspended or prohibited;

(4) the number of political parties included in the alliance of political parties has fallen below 2.

2. The registration of the electoral list of a political party (alliance of political parties) shall be revoked upon a judicial act in cases prescribed by part 8 of Article 19 or part 1 of Article 26 or part 5 of Article 27 of this Code.

3. The registration of a candidate included in the electoral list shall be revoked upon the decision of the electoral commission, where he or she has submitted an application for recusal.

In case the registration of a candidate included in the electoral list is revoked, the name of the candidate shall be removed from the list as prescribed by the Central Electoral Commission.

4. The registration of a candidate included in the electoral list shall be revoked upon a judicial act in the case prescribed by part 8 of Article 19 of this Code.

 

Article 135.1.

Declaring the elections of Council of Elders of a community held through proportional electoral system as void

1. The elections of Council of Elders of a community held through proportional electoral system shall be considered as void, where:

(1) no political party (alliance of political parties) has been nominated within the time limit and in the manner prescribed by this Code for registration of electoral lists of political parties (alliances of political parties) running in elections, or;

(2) no political party (alliance of political parties) has been registered (registration has been rejected) within the time limit and in the manner prescribed by this Code;

(3) all political parties having nominated candidates have submitted an application for recusal after the time limit prescribed by this Code for registration;

(4) the total number of candidates included in the electoral lists of political parties (alliances of political parties) is less than the number of members of the Council of Elders of a community prescribed by this Code, and the list of candidates has not been completed in the manner and within the time limit prescribed by part 2 of Article 130 of this Code.

(5) (point repealed by HO-505-N of 5 December 2024)

2. A new election shall be called upon the decision of the electoral commission on declaring the election of the Council of Elders of a community held through the proportional electoral system as void in the case provided for by point 1 of part 1 of this Article, which shall be held on the last Sunday of the 60-day period following the entry into force of the decision of the electoral commission on declaring the election as void.

In case of declaring the new election called as void in the manner prescribed by this part, the Central Electoral Commission shall — within a five-day period after the entry into force of the decision of the electoral commission — call a new election and announce the voting day.

3. Where no appeal has been lodged with the court against the decision of the electoral commission on declaring the elections as void in the cases provided for by point 2 of part 1 of this Article, the Central Electoral Commission shall call new election within a 5-day period following entry into force of the decision and announce the voting day no later than the last Sunday of the sixty-day period following the entry into force of the decision of the Central Electoral Commission.

4. Where an appeal has been lodged with the court against the decision of the electoral commission on declaring the elections as void in the case provided for by point 2 of part 1 of this Article, and the decision was upheld by the judicial act of the administrative court or a decision has been adopted on rejecting the statement of claim, the Central Electoral Commission shall call a new election within a five-day period following entry into force of the judicial act and announce the voting day no later than the last Sunday of the sixty-day period following the entry into force of the decision of the commission.

5. A new election shall also be called upon the decision of the electoral commission on declaring the election of the Council of Elders of a community held through the proportional electoral system as void in the case provided for by point 4 of part 1 of this Article, which shall be held on the last Sunday of the sixty-day period following the entry into force of the decision of the electoral commission on declaring the election as void.

In case of declaring the new election called as void in the manner prescribed by this part, the Central Electoral Commission shall — within a f5-day period after the entry into force of the decision of the electoral commission — call a new election and announce the voting day.

6. Where an appeal has been lodged with the administrative court against the decision on declaring the elections as void in the case prescribed by point 2 of part 1 of this Article, and the decision of the electoral commission was abolished by the judicial act of the administrative court, and the grounds for declaring the elections as void have been eliminated, the elections terminated due to declaring the elections as void following the entry into force of the judicial act, shall continue from the date of termination.

7. In case the elections of the Council of Elders of a community held through proportional electoral system is declared as void, the new election shall be held with a new nomination of candidates, in the procedure prescribed by this Code for a regularelection. The procedure for election (proportional or majoritarian) cannot change in case of calling a new election.

8. The Central Electoral Commission shall have the right to change, upon a substantiated decision, the calculation of time limits for performance of certain activities conditioned by the necessity to properly organise the resumed election and to establish a new schedule of the main measures for preparing and holding of the process of resumed elections.

(Article 135.1 supplemented by HO-202-N of 7 May 2021, amended, edited by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

CHAPTER 28

 

STATUS OF A CANDIDATE FOR MEMBER OF THE COMMUNITY COUNCIL OF ELDERS IN THE ELECTIONS HELD THROUGH THE PROPORTIONAL ELECTORAL SYSTEM

(Title amended by HO-333-N of 18 June 2020)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

 

Article 136.

Status, competencies of candidates for member of the community Council of Elders being elected through the proportional electoral system

      (Title amended by HO-333-N of 18 June 2020)

1. Candidate for member of the community Council of Elders being elected through the proportional electoral system shall acquire his or her status upon registration of the electoral list of a political party running in elections. The rights and responsibilities prescribed by this Code shall extend to a candidate for member of the community Council of Elders being elected through the proportional electoral system until the expiry of the time limit prescribed for challenging the decision of the electoral commission on members of the community Council of Elders being elected through the proportional electoral system, and in case this decision is challenged — until the adoption of a court decision.

The registered candidate for member of the Council of Elders shall lose his or her rights pertaining to the status of a candidate and shall be exempt from the responsibilities also in cases prescribed by Articles 133 or 135 of this Code upon revoking or declaring as invalid the registration of the electoral list of a political party or a candidate included in the electoral list, respectively. In case of appealing, through judicial procedure, against the decision of the electoral commission on declaring as invalid the registration of the electoral list of a political party or a candidate included in the electoral list, the candidate shall lose his or her rights pertaining to the status of a candidate and shall be exempt from responsibilities upon the entry into force of the court decision.

Where a mandate of member of the Council of Elders becomes vacant, the applications for recusal of persons included in the electoral list of a political party shall be certified by a notary, or the person shall approve the application for recusal at the session of the electoral commission. Within the meaning of this Article, the notary-certified application for recusal shall be deemed valid where it is submitted to the electoral commission within a maximum 3-day period after certification.

2. Candidates shall have equal rights and responsibilities arising from the status of a candidate for member of the community Council of Elders being elected through the proportional electoral system.

(Article 136 amended by HO-333-N of 18 June 2020, supplemented by HO-202-N of 7 May 2021)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

Article 137.

Rights, responsibilities, guarantees for activities of candidates for member of the community Council of Elders being elected through the proportional electoral system

      (Title amended by HO-333-N of 18 June 2020)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

 

1. Employees of state and local self-government bodies and state officials, who are candidates, except for the officials holding political, administrative and discretionary positions, shall be exempt by virtue of law from fulfilling their official responsibilities from the day the election campaigning officially starts until the voting day, as prescribed by this Code. The absence from work of such candidates within this period of time shall be considered valid without preservation of remuneration.

2. A political party shall have the right to submit an application for recusal no later than 10 days before the voting day, by 18:00.

A candidate shall have the right to withdraw his or her candidacy no later than 10 days before the voting day, by 18:00, as well as after the voting day. The name, surname of a citizen included in the electoral list of a political party shall be removed from the list as prescribed by the Central Electoral Commission. The application for recusal of a candidate shall be certified by a notary, or the candidate shall approve his or her application for recusal at the session of the electoral commission. Within the meaning of this Article, the notary-certified application for recusal shall be deemed valid where it is submitted to the Central Electoral Commission within a maximum 3-day period after certification.

(Article 137 supplemented by HO-70-N of 21 January 2020, amended by HO-333-N of 18 June 2020, supplemented by HO-202-N of 7 May 2021)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

CHAPTER 29

 

ELECTION CAMPAIGNING DURING ELECTIONS OF THE COUNCILS OF ELDERS OF A COMMUNITY HELD THROUGH THE PROPORTIONAL ELECTORAL SYSTEM

(Title amended by HO-333-N of 18 June 2020)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

 

Article 138.

Airtime of election campaigning by audiovisual programmes

       (Title edited by HO-202-N of 7 May 2021, amended by HO-505-N of 5 December 2024)

1. The political party running in elections of the Council of Elders of Yerevan shall have the right to use free of charge the airtime of public audiovisual broadcaster for no more than 50 minutes, the airtime of public audio broadcaster for no more than 50 minutes, and the airtime of other broadcasters founded in the Republic of Armenia having a licence to use the public multiplex slot ensuring coverage in the city — no more than 15 minutes.

The political party running in elections of Council of Elders of marz centres shall have the right to use free of charge the airtime of the broadcaster founded in the Republic of Armenia having a licence to use the public multiplex slot ensuring coverage in the given marz for no more than 20 minutes.

2. During elections of the Council of Elders of Yerevan the political party running in elections shall have the right to use the paid airtime of public audiovisual broadcaster for no more than 50 minutes, the airtime of public audio broadcaster for no more than 80 minutes.

3. The airtime for conducting election campaigning through free and paid use of airtime of public broadcasters, prescribed by parts 1 and 2 of this Article, shall be provided as prescribed by the Central Electoral Commission.

(Article 138 edited by HO-202-N of 7 May 2021, amended by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 139.

Campaign fund of a political party during elections of the Councils of Elders of communities held through the proportional electoral system

       (Title amended by HO-333-N of 18 June 2020)

1. For the purpose of conducting an election campaigning, a political party (alliance of political parties) running in elections shall set up a campaign fund which shall be formed by the payments referred to in Article 26 of this Code.

2. A political party (political parties included in an alliance of political parties jointly) running in elections of the Council of Elders of Yerevan may make a payment in the amount of 300 000-fold of the minimum salary to the fund of the political party (alliance of political parties), during the elections of the Councils of Elders of communities having 25 000 and more electors — a payment in the amount of up to 60 000-fold of the minimum salary, during the elections of the Councils of Elders of communities having up to 25 000 electors — a payment in the amount of 40 000-fold of the minimum salary.

3. (part repealed by HO-505-N of 5 December 2024)

4. During the election campaign for the Council of Elders of Yerevan, for the purpose of funding the election expenses provided for by part 1 of Article 27 of this Code, a political party (alliance of political parties) running in elections shall have the right to spend an amount not exceeding the 300 000-fold of the minimum salary, during the elections of the Councils of Elders of communities having 25 000 and more electors — an amount not exceeding the 60 000- fold of the minimum salary, during the elections of the Councils of Elders of communities having up to 25 000 electors — an amount not exceeding 40 000-fold of the minimum salary.

(Article 139 amended, edited by HO-333-N of 18 June 2020, HO-202-N of 7 May 2021, amended by HO-505-N of 5 December 2024)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

CHAPTER 30

 

SUMMARISATION OF ELECTION RESULTS

 

Article 140.

Ballot papers

1. Individual ballot papers of the same size shall be printed for each political party running in elections of the Council of Elders of a community held through the proportional electoral system. The ballot paper of each political party running in elections must, on its left and right side areas, have a marking in black, symmetrical to the vertical axis, corresponding to the number of that political party, so that it is possible to distinguish the existence of a ballot paper of another political party in that bundle when looking from the side area of the bundle.

2. The name of the political party (alliance of political parties) running in elections, the number issued to the political party, as well as the surnames, names and patronymics of the first 3 candidates in the electoral list shall be specified on the ballot paper of elections of Council of Elders of a community held through the proportional electoral system.

In case the registration of the first three candidates in the electoral list is repealed or declared as invalid following the expiry of the time limit, prescribed by this Code, for submitting an application for self-recusal, no change shall be made in the ballot paper.

The Central Electoral Commission shall provide the political parties, alliances of political parties running in elections with reference numbers by drawing of lots on the next day following the time limit prescribed for registration. The indicated numbers shall not be subject to changes. In case elections are held in more than one community on the same day, the political parties and alliances of political parties running in the elections in different communities shall appear under the same number.

3. In case of one political party (alliance of political parties) voted during the elections of Council of Elders of communities held through the proportional electoral system, a ballot paper containing the word “against” shall also be used. The ballot paper “against” must, on its left and right side areas, have a marking in black, symmetrical to the vertical axis, so that it is possible to distinguish the existence of a ballot paper of the political party in that bundle when looking from the side area of the bundle.

(Article 140 edited by HO-202-N of 7 May 2021, HO-311-N of 14 July 2022)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-311-N of 14 July 2022 contains a transitional provision)

 

Article 141.

Summarisation of results of elections of the Councils of Elders of communities held through the proportional electoral system

       (Title amended by HO-333-N of 18 June 2020)

1. The Central Electoral Commission shall, in the manner and within the time limit prescribed by Article 75 of this Code, summarise the results of election of the Council of Elders of Yerevan and adopt any of the following decisions:

(1) on the Council of Elders of Yerevan being elected;

(2) on calling a repeat voting in separate electoral precincts;

(3) on declaring elections of the Council of Elders of Yerevan as invalid and on calling a repeat voting for the elections of the Council of Elders;

(4) on declaring elections of the Council of Elders of Yerevan as invalid and on calling new elections.

(5) on declaring the elections of the Council of Elders of Yerevan as void and on calling new elections.

2. The constituency electoral commission shall, as prescribed by Article 74 of this Code, summarise the results of elections of the Councils of Elders of communities (except for Yerevan) on the 7th day after the voting day and adopt any of the following decisions:

(1) on the Councils of Elders of the relevant communities being elected;

(2) on calling a repeat voting in separate electoral precincts;

(3) on declaring elections of the Councils of Elders of the relevant communities as invalid and on calling a repeat voting for the elections of the Councils of Elders;

(4) on declaring elections of the Councils of Elders of the relevant communities as invalid and on calling new election.

(5) on declaring elections of the Councils of Elders of the relevant communities as void and on calling new elections.

3. Mandates of the members of Council of Elders shall be distributed among the electoral lists of those political parties (alliances of political parties) that have received 4 per cent, in case of a political party, and 6 per cent, in case of an alliance of political parties, of ballot papers with affirmative vote out of the sum of the total number of ballot papers with affirmative vote and the number of inaccuracies.

Where less than 3 political parties (alliances of political parties) have received at least 4 (6) percent of ballot papers with affirmative vote out of the sum of the total number of ballot papers with affirmative vote and the number of inaccuracies, 3 political parties (alliances of political parties) having received the maximum number of ballot papers with affirmative vote shall participate in the distribution of mandates, where 3 or more political parties (alliances of political parties) have run in the election.

3.1. Where 2 political parties (alliances of political parties) have run in elections, 2 political parties (alliances of political parties) shall participate in the distribution of mandates.

Where one political party (alliance of political parties) has run in election and has received ballot papers with affirmative votes in a number defined by part 3.2 of this Article, all mandates shall be handed over to the given political party (alliance of political parties).

3.2. Where 1 political party (alliance of political parties) has been voted, a decision on of relevant community Council of Elders being elected shall be adopted if more than half of the voting participants have voted for that decision.

4. Mandates of the members of the Council of Elders shall be distributed among the electoral lists of political parties (alliances of political parties) in proportion with the number of ballot papers cast in favour of each of them. The number of mandates available for each electoral list shall be calculated as follows: the number of ballot papers with affirmative vote cast in favour of each electoral list shall be multiplied by the number of mandates available for electoral lists, the product shall be divided by the total number of ballot papers with affirmative vote cast in favour of the electoral lists participating in the distribution of mandates, and the integer numbers shall be parted which shall be the numbers of mandates available for the electoral list of each political party (alliance of political parties).

The remaining mandates shall be distributed among electoral lists by the sequence of value of remainders, by the principle of one mandate to each. In case the values of remainders are equal, the contested mandate shall be given to the electoral list with the highest number of ballot papers with affirmative vote cast in favour, whereas in the event of a tie the mandate shall be given by drawing of lots.

5. (Part repealed by HO-333-N of 18 June 2020)

6. A candidate, whose record number in the electoral list is smaller than or equal to the number of mandates available for that electoral list, shall be elected from the electoral list.

Where as a result of it, more than 70 per cent of the mandates of the political party are distributed among representatives of the same sex, the mandates of the more represented sex exceeding 70 per cent shall be passed on to the candidates under the smallest number from the less represented sex of the electoral list, if any, ensuring representation of not less than 30 per cent of the less represented sex. If there are no representatives of less represented sex in the electoral list, those mandates shall remain vacant. If the number of candidates included in the electoral list of a political party is smaller than the number of mandates available, these mandates shall remain vacant.

The Central Electoral Commission shall draw up a protocol on candidates elected as members of the Council of Elders of Yerevan, whereas the protocol on candidates elected as members of the Council of Elders of other communities in which elections are held through the proportional electoral system shall be drawn up by the relevant constituency electoral commission.

The protocol on candidates elected as members of the Council of Elders of Yerevan shall, within a 5-day period, be forwarded to the Prime Minister, and the protocol on candidates elected as members of the Council of Elders of other communities in which elections are held through the proportional electoral system — to the relevant marz governors (regional governors).

The protocol shall be drawn up on the 5th day following the end of the time limit prescribed for challenging the decision of the relevant electoral commission on the election of the Council of Elders, and in case the given decision is challenged — on the 5th day following the adoption of the relevant decision.

7. Where the number of candidates included in the electoral list of a political party (alliance of political parties) is smaller than the number of mandates available as a result of distribution of mandates, these mandates shall remain vacant.

8. The mandate of a member of Council of Elders — who has waived the mandate or who has been elected and whose powers have been early terminated — shall be given to the next candidate in sequence of the electoral list of that political party (alliance of political parties) upon a protocol of the relevant electoral commission, within a 1-week period after notifying the commission thereon, and where as a result of it, the number of representatives of any sex in the given faction falls below and results in less than 30 per cent, it shall be given to the next candidate of less represented sex in the electoral list of that political party (alliance of political parties), if any. If there are no candidates of less represented sex in the electoral list, the given mandate shall remain vacant.

Where there is no other candidate in the electoral list, the mandate shall remain vacant.

9. Applications for recusal or waiver of the mandate submitted by persons included in the electoral list of a political party (alliance of political parties) shall be certified by a notary, or the person shall confirm such application at the session of the electoral commission. Within the meaning of this article, the notary-certified application for recusal or waiver of the mandate shall be deemed valid where it is submitted to the electoral commission within a maximum 3-day period after certification.

In case of submitting an application for recusal, the name, surname of the citizen shall be removed from the electoral list as prescribed by the Central Electoral Commission.

(Article 141 supplemented by HO-158-N of 20 October 2016, amended, edited by HO-333-N of 18 June 2020, supplemented, edited, amended by HO-202-N of 7 May 2021, edited by HO-505-N of 5 December 2024)

(Law HO-158-N of 20 October 2016 contains a transitional provision)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 142.

Calling a repeat voting for elections of the Councils of Elders of communities held through the proportional electoral system, declaring the election results as invalid or the elections as void

(Title amended by HO-333-N of 18 June 2020, supplemented by HO-202-N of 7 May 2021)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

 

1. Where in the course of elections, such violations of this Code have taken place that might have affected the election results, the relevant electoral commission shall adopt a decision on holding a repeat voting in separate electoral precincts, if it is possible to remedy these violations by such measure. Where it is impossible to remedy these violations by such measure, the elections of the Council of Elders shall be declared as invalid, and a repeat voting for the elections of the Council of Elders shall be called.

2. Where in the course of repeat voting for elections of the Council of Elders or in the course of holding a repeat voting in separate electoral precincts, such violations of this Code have taken place that might have affected the election results, the relevant electoral commission shall adopt a decision on declaring as invalid the elections of the Council of Elders and shall call a repeat voting for the elections of the Council of Elders.

3. Where the electoral commission adopts a decision on holding a repeat voting in separate electoral precincts, the repeat voting shall be held on the 7th day following the adoption of this decision. In this case, the time limits prescribed by this Code for summarisation of the results of elections of the Council of Elders shall be calculated from the day of repeat voting.

4. The decision adopted based on the results of elections of the Council of Elders may be appealed before the Administrative Court.

5. In case of declaring as invalid the elections of the Council of Elders, no earlier than 14 days and no later than 21 days following the entry into force of the decision thereon, a repeat voting shall be held as prescribed by this Code and with the same composition of political parties.

6. Repeat voting shall be held once. In case the elections are declared as invalid after the repeat voting, the relevant electoral commission shall call a new election within a 21-day period. New election shall be held by new nomination of candidates in the manner and within the time limits prescribed by this Code for regular elections.

7. The decision prescribed by point 5 of part 1 and point 5 of part 2 of Article 141 of this Code shall be adopted, where:

(1) necessary number of electors has not voted for the only political party (alliance of political parties) having been voted on;

(2) the only political party having been voted on has been liquidated until the summarisation of election results;

(3) activities of the only political party having been voted on have been suspended or prohibited until the summarisation of election results;

(4) at least more than half of the Council of Elders of the community is not formulated as of the moment of distribution of mandates in the manner prescribed by this Code.

8. In case elections are declared as void under part 7 of this Article, the relevant electoral commission shall call also a new election upon the decision of the electoral commission on declaring the elections as void, which shall be held on the last Sunday of the sixty-day period following the entry into force of the decision of the electoral commission on declaring the election as void.. The new election shall be held upon new nomination of candidates, in the procedure and within the time limits prescribed by this Code for regular elections.

(Article 142 amended by HO-333-N of 18 June 2020, supplemented by HO-202-N of 7 May 2021, amended, supplemented, edited by HO-505-N of 5 December 2024)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

SECTION 7

(Section supplemented by HO-333-N of 18 June 2020)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

 

ELECTION OF HEAD OF COMMUNITY

CHAPTER 30.1

 

PROCEDURE FOR HOLDING ELECTION OF HEAD OF COMMUNITY

 

Article 142.1.

Election of head of community

1. Within the meaning of this Section, head of community shall be deemed to be the head of a community elected through the indirect electoral system by the Council of Elders formed through the proportional electoral system.

 

Article 142.2.

Holding of election of head of community

1. The election of head of community shall be held during the first session of the newly elected Council of Elders. The first session shall be uninterrupted until the election of the head of community, except for the time envisaged for break and rest.

2. Where as a result of election of the Council of Elders of the community one of the political parties (alliances of political parties) running in the election receives more than 50 per cent of the seats of members of the Council of Elders, the person in first place on the list of candidates of that political party (alliance of political parties) shall be deemed to be elected head of community by virtue of law.

3. Where the person in first place on the electoral list of the political party (alliance of political parties) referred to in part 2 of this Article refuses or, as a result of the elections of Council of Elders no political party (alliance of political parties) receives more than 50 per cent of the seats of members of the Council of Elders, the head of community shall be elected through open ballot.

4. The factions of the Council of Elders may nominate the person who is in first place on their list of candidates of the political party (alliance of political parties) as candidate for head of community, and where he or she refuses, the faction may nominate the next person on the list of candidates of the political party (alliance of political parties) concerned, respectively, who agrees to be nominated as a candidate.

5. The voting shall be held through ballot papers, in which all the nominated candidates are included.

6. Each member of the Council of Elders shall have the right to one vote.

7. Where more than one candidate has been nominated, the candidate who receives the majority of votes of the total number of members of the Council of Elders shall be elected head of community. Where none of the nominated candidates receives the majority of votes of the total number of members of the Council of Elders, the second round of the voting shall be held between the two candidates having received the maximum votes. Where due to equal votes it is impossible to find out the two candidates having received the maximum votes, the other candidates having received equal votes shall also participate in the second round. In the second round, the candidate having received the maximum votes shall be elected head of community. In the event of a tie, additional voting shall be held, including in the ballot paper only the candidates having received equal votes. In the event of a tie as a result of additional voting, the advantage shall be given to the candidate for the political party (alliance of political parties) having received the maximum affirmative votes in the elections of the Council of Elders of a community.

The second round of the voting and additional voting shall be held immediately after publication of the results of the main voting.

8. Where one candidate has been nominated, he or she shall be elected head of community, if his or her affirmative votes are more than the number of votes cast against and are more than 40 per cent of the total number of members of the Council of Elders.

(Article 142.2 amended by HO-202-N of 7 May 2021, amended, edited by HO-505-N of 5 December 2024)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

Article 142.3.

Early election of head of community

1. Early election of head of community shall be held within the period prescribed by the Council of Elders after the position of head of community is left vacant, but no later than within a one-month period, as prescribed for the election of head of community.

2. During early election, the right to nominate candidates for head of community shall belong to the factions of the Council of Elders.

3. Early election of head of community shall be held as prescribed by parts 5-8 of Article 142.2 of this Code.

4. The head of community shall hold office until the end of the term of powers of the Council of Elders, irrespective of the period of his or her election.

(Article 142.3 amended by HO-202-N of 7 May 2021)

(Law HO-202-N of 7 May 2021 contains a final part and transitional provisions)

 

PART THREE

 

CHAPTER 31

 

ADDITIONAL, TRANSITIONAL AND FINAL PROVISIONS

 

Article 143.

Procedure for preferential voting

1. In preferential voting, surnames, names, patronymics of all candidates shall be specified on the left side of the ballot paper, and empty tick boxes shall be placed to the right of each candidate for the voter to make a note. The order of names of candidates shall be determined by drawing of lots. The ballot paper may be substituted by an electronic data file expressing the preferences.

2. In the ballot paper the elector shall enter the figure “1” in the tick box next to the name of the candidate to whom the elector gives his or her first preference. Subsequent integer numbers, starting from “2”, shall then be respectively entered in the tick boxes next to the names of other candidates in the order of preference given thereto. No number shall be entered in the tick boxes against those candidates to whom the elector gives no preference, but in any case, preference for candidates must be expressed at least for the number of vacant seats. At a particular stage of summarisation of voting results, a ballot paper shall be considered as given in favour of the continuing candidate who has the highest level of preference votes in that ballot paper.

3. The following main concepts are used in this Article:

(1) continuing candidate — candidate who is neither excluded from the counting nor declared as elected at a certain stage of summarisation of voting results;

(2) value of ballot paper — numerical value given to the ballot paper as prescribed by this Article at a certain stage of summarisation of voting results;

(3) total value of ballot papers — the total sum of values of all ballot papers not excluded from the counting at a certain stage of summarisation of voting results;

(4) value of votes for the candidate — the total sum of values of ballot papers cast in favour of the candidate, which are not excluded from the counting;

(5) passing quota — the minimum number of votes necessary for being deemed to be elected at a certain stage of summarisation of voting results;

(6) value of surplus votes for the candidate — the difference between the passing quota and the value of votes for the candidate, who is deemed to be elected by the result of a certain stage;

(7) gender equality standard — a quantitative standard ensuring gender equality between the elected candidates (for example, the number of representatives of each sex among the elected candidates must not be more than 6).

4. The voting results shall be summarised electronically. For the summarisation of voting results, the following steps shall be taken in turn until the summarisation of voting results is completed. All the arithmetical actions shall be done with 2-digit accuracy after the decimal point.

Step 1. Invalid ballot papers shall be excluded from the counting. A ballot paper shall be deemed as invalid if it contains no preference given to candidates, at least equal to the number of vacant positions, or more than one candidate has received the same level of preference votes. All valid ballot papers shall be deemed not excluded from the counting, and the value of those ballot papers shall be considered as “1”.

Step 2. Ballot papers cast in favour of candidates not excluded from the counting shall be sorted as per the candidates. All candidates shall be deemed to be continuing candidates.

Step 3. Where the election of a representative of one of the sexes violates the gender equality standard:

a. all the representatives of that gender shall be excluded from the counting;

b. their ballot papers shall be distributed in the following manner: the ballot paper with the same value shall be added to the ballot papers of the continuing candidates in favour of whom it is cast.

Step 4. Where the number of all the elected candidates equals to the number of vacant seats, the summarisation of the voting results shall be completed.

Where the number of all the elected candidates is smaller than the number of vacant seats, but the compliance with gender equality standard unequivocally predetermines the candidates who are to fill the vacant seats, these respective candidates shall also be announced as elected, and the summarisation of the voting results shall be completed.

Step 5. The value of votes for the candidate shall be calculated for each continuing candidate. Based on these calculations, the total value of ballot papers shall be calculated, which shall be the total sum of votes of all continuing candidates.

The passing quota shall be calculated in accordance with the following formula:

 

Passing quota = Total value of ballot papers /

(Number of vacant seats +1) + 0.01

 

Step 6. Where there is no continuing candidate whose total value of votes is higher than or equal to the passing quota, the process of summarisation of voting results shall continue from Step 10.

Step 7. The continuing candidate, whose total value of votes is the highest, shall be deemed as elected.

Step 8. For the elected candidate the value of surplus votes for the candidate, equalling to the difference of the value of the votes for the candidate and the passing quota, shall be counted. A new value of vote shall be given to each ballot paper cast in favour of that candidate. For the purpose of counting it, the value of vote of the ballot paper shall be multiplied by the value of surplus votes for the candidate and divided by the value of votes for the candidate.

Step 9. All ballot papers of an elected candidate shall be re-distributed in the following manner: the ballot paper shall be added to ballot papers of the candidate in favour of whom it is cast. Where there is no such continuing candidate, the ballot paper shall be excluded from the counting and shall never be used during the following summarisation steps. The summarisation of the voting results shall continue from Step 3.

Step 10. A continuing candidate with the lowest value of votes shall be excluded from the counting unless it violates the gender equality standard. In case it violates the gender equality standard, the candidate having received the minimum votes, whose exclusion will not violate the gender equality standard, shall be excluded from the counting. Where due to the tie of votes it is impossible to determine the candidate having received the minimum votes, the candidate to be excluded shall be determined by drawing of lots.

Ballot papers of the candidate excluded from the counting shall be distributed in the following manner: the ballot paper with the same value shall be added to ballot papers of the continuing candidate in favour of whom it is cast. The summarisation of the voting results shall continue from Step 3.

 

Article 144.

Transitional and final provisions

1. This Code shall enter into force from 1 June 2016.

2. The Electoral Code of the Republic of Armenia adopted on 26 May 2011 shall be repealed upon the entry into force of this Code, except for cases prescribed by part 3 of this Article.

3. Elections of head of community and members of Council of Elders called before 1 September 2017 shall be organised and held in accordance with the regulations of the Electoral Code of 26 May 2011, except for the provisions prescribing the right to elect and to be elected during elections of head of community and member of Council of Elders, which is regulated in accordance with the provisions prescribed by this Code.

After the entry into force of this Code, elections of Council of Elders shall be held in Gyumri and Vanadzor communities through the proportional electoral system provided for by this Code, while elections of head of community and member of Council of Elders shall not be held. The voting for the elections of Council of Elders called in Gyumri and Vanadzor communities before 1 September 2017 shall be organised and held, and the election results shall be summarised by constituency (district) electoral commissions in accordance with the regulations of the Electoral Code of 26 May 2011 prescribed for the election of the Council of Elders of Yerevan.

Before 1 September 2017, during elections of the Councils of Elders of Gyumri, Vanadzor, as well as of head of community and member of Council of Elders, the lists of electors shall be drawn up in accordance with the requirements of the Electoral Code of 26 May 2011 for lists of electors, which includes persons, prescribed by this Code, having the right to elect during elections of local self-government bodies.

Accreditation of non-governmental organisations carrying out observation missions during elections of the Councils of Elders, head of community and members of Council of Elders of Gyumri and Vanadzor shall be carried out in accordance with the provisions of the Electoral Code of 26 May 2011. Qualification certificates shall not be required from observers of organisations carrying out observation mission, and the requirement prescribed by part 8 of Article 31 of this Code shall be effective from 1 January 2017.

The Central Electoral Commission may, before 1 September 2017, adopt a decision on organising and holding, as a pilot project, voting for the elections of local self-government bodies in separate communities in accordance with the regulations of this Code. Subject to the implementation of the pilot project, the Central Electoral Commission shall be entitled to change the voting day for self-government body by setting a new day.

4. The Central and constituency electoral commissions functioning before the entry into force of this Code shall exercise their powers until the day of convening the first session after formation of the Central and constituency electoral commissions, respectively, as provided for by this Code.

Where the term of powers of any member of the Central Electoral Commission expires before the entry into force of this Code before formation of the new Central Electoral Commission, those members shall continue to hold office until the formation of the new Central Electoral Commission.

5. The Central Electoral Commission must be formed before 1 November 2016.

The first session of the Central Electoral Commission shall take place on the 3rd working day following the formation of the Central Electoral Commission, at 12:00. The Central Electoral Commission shall be considered as formed after the 2/3 of the composition of the Commission has been elected.

6. The Central Electoral Commission shall — before 1 December 2016 — designate the service areas of constituency electoral commissions, the seats and numbers of constituency electoral commissions. Constituency electoral commissions shall be formed within a 21-day period after designating the service areas of constituency electoral commissions and the seats of district electoral commissions. The first sessions of constituency electoral commissions shall be called by the Central Electoral Commission.

7. Part 6 of Article 42 of this Code shall enter into force from the moment of assuming of powers by the newly-elected President of the Republic.

8. After the entry into force of this Code, before the elections of the new National Assembly, in part 5 of Article 44 of this Code, the number of mandates of Deputies of the National Assembly shall be 90, whereas the number of mandates received by a political party of the National Assembly shall be taken as the number of mandates received by a political party of the National Assembly through the proportional electoral system.

9. The requirement prescribed by Article 97 and Article 98 of this Code on coming to an agreement as to the candidate for Prime Minister and recommending the latter shall enter into force from the moment of assuming of powers by the newly-elected President of the Republic.

10. After the entry into force of this Code, before the election of the new National Assembly, the mandate of the Deputy — who has been elected through the proportional electoral system of the National Assembly and whose powers have early terminated — shall be given to the next candidate in sequence in the electoral list of that political party upon a protocol of the Central Electoral Commission within a 1-week period after notifying the Commission. Where there is no other candidate in the electoral list, the mandate shall remain vacant.

11. After the entry into force of this Code, before the election of the new National Assembly, the mandate of the Deputy — who has been elected through the majoritarian electoral system of the National Assembly and whose powers have early terminated — shall remain vacant.

12. After the entry into force of this Code, regulatory decisions of the Central Electoral Commission shall be effective to the extent they do not contradict this Code.

13. Qualification certificates for being included in an electoral commission and certificates for carrying out observation mission received based on a test in accordance with the Electoral Code of the Republic of Armenia adopted on 26 May 2011 shall be considered as invalid from 31 December 2016.

14. Before 1 January 2021, during elections of the National Assembly, the Councils of Elders of communities in which elections are held through the proportional electoral system, in the first part of the national electoral list of a political party, alliance of political parties and each of the political parties included in the alliance, the number of representatives of each sex, starting from the 1st place on the list, must not exceed 75 per cent in each integer group of 4 (1-4, 1-8, 1-12 and subsequently up to the end of the list), and the number of representatives of each sex in the constituency electoral list of a political party (alliance of political parties) running in elections must not exceed 75 per cent.

15. Before 1 January 2021, during elections of the National Assembly, the mandate of a Deputy from the first part of the national electoral list — who has waived the mandate or who has been elected as Deputy and whose powers have been early terminated — shall be given to the next candidate in sequence in the first part of the national electoral list of that political party upon a protocol of the Central Electoral Commission, within a 1-week period after notifying the Commission thereon, and where as a result of it, the number of representatives of any sex in the given faction falls below and results in less than 20 per cent, it shall be given to the next candidate of less represented sex in the first part of the national electoral list of that political party, if any.

16. Before 1 January 2021, during elections of the Councils of Elders of communities held through the proportional electoral system, the mandate of a member of Council of Elders — who has waived the mandate or who has been elected and whose powers have been early terminated — shall be given to the next candidate in sequence of the electoral list of that political party (alliance of political parties) upon a protocol of the relevant electoral commission, within a 1-week period after notifying the commission thereon, and where as a result of it, the number of representatives of any sex in the given faction falls below and results in less than 20 per cent, it shall be given to the next candidate of less represented sex in the electoral list of that political party (alliance of political parties), if any.

17. Rules prescribed by this Code for a judge shall extend also to members of the Constitutional Court.

18. (part repealed by HO-505-N of 5 December 2024)

(Article 144 supplemented, amended by HO-119-N of 30 June 2016, amended by HO-333-N of 18 June 2020, supplemented by HO-442-N of 24 November 2022, amended by HO-413-N of 22 December 2023, HO-505-N of 5 December 2024)

(Law HO-333-N of 18 June 2020 contains a transitional provision)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

Article 145.

Additional provisions

1. All the rules in this Code concerning a political party, with the exception of norms in Articles 4, 8, 20, 20.1, 21, 26, 27, 28, 29, 35, 44, 59, 61, 71, 74, 75, 81, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 95, 97, 98, 129, 130, 132, 133, 135, 139 and 141, shall be applicable also to the alliances of political parties.

2. All the rules in this Code concerning a candidate, with the exception of norms in Articles 25, 26, 27, 28, 29, 33, 34, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, shall be applicable also to the candidates included in the electoral list of a political party running in elections.

(Article 145 edited by HO-505-N of 5 December 2024)

(Law HO-505-N of 5 December 2024 contains a transitional provision)

 

President of the Republic of Armenia	S. Sargsyan
28 May 2016 Yerevan HO-54-N

 

Translation published on a joint site 14 May 2026.