Test for Pamfilova: as the new head of the CEC reacted to the scandal in Barvikha

The rules of recusal

Four of the five employees of the Fund of struggle against corruption Alexei Navalny, nominated at the election of the village of Barvikha, said Tuesday about the withdrawal of their candidacies in protest against the work of election commissions. The statement of withdrawal was filed by the employees of FBK George Alborov, Anna Litvinenko, Vitaly Strokanov, Stanislav Volkov, all of them were nominated for the second electoral district of Barvikha. Their colleague, the lawyer of FBK Ivan Zhdanov said that the position of respected colleagues, but in the elections, he was elected to the first district.

The indignation of the opposition called early voting in the rural settlement, which began April 16.

According to the evening of Tuesday, early in the second district of Barvikha voted 241 people out of the approximately 3 thousand of voters, said the head of the election headquarters of the opposition Leonid Volkov. Candidates predicted that the elections will come 28% of voters, that is 840 people. Thus, 241 of voters is already about 28% of the potential number of voters in the upcoming election, and until Sunday this percentage will grow, predicts wolves (early voting will continue until April 23, inclusive).

It makes no sense to participate in elections if voting day is yet to come, “and has already thrown 30% of the vote”, estimated in his blog, the scale of alleged violations of the Bulk.

Candidates did not specify in his statement to the election Committee the cause of rejection, and therefore could not be exempted, has responded the Chairman of Mosoblispolkom Irek Vildanov. Now the electoral Commission has the right to deny them withdrawal, and the candidates will remain in the Bulletin until election day, April 24, he said. The Commission will consider their appeal on Wednesday, April 20.

“The boys are uneducated, they do not know the law, lost their nerve,” he responded on the radio station “Moscow speaking” the head of the Central election Commission Ella Pamfilova.

Stress test for Pamfilova

Elections in Barvikha were the first for the new CEC Chairperson Ella Pamfilova, who succeeded in early March on this post Vladimir Churov.

Announcing the candidates from FBC at the election of the village Council Barvihinskaya, Navalny explained this by the need to test the new CEC structure. Barvikha, explained Navalny, a popular venue for trial of the election campaign: a village near Moscow, live status people, and for the registration of the candidate is required to collect only 10 signatures.

With the start of early voting, the opposition complained that the plots came dozens of people massively registered at the address of the candidate from “United Russia” Elena Zhdanova. In his complaint filed to the CEC, they said, is “free transportation of voters to the voting place”, “bribery through the provision of property rights”, and the voters themselves from “rubber flats” were included in the list of voters without application, i.e. in violation of the established order.

For the consideration of complaints Pamfilova has agreed to meet with the opposition on Monday, April 18. Associates Navalny was dissatisfied with the results of the meeting. So, according to Zhdanov, in response to the mention of excited against him a criminal case (during the campaign against him opened a case about evasion from the army) she said, “Going to policy, you knew what could be”. The opposition led online broadcast of the meeting. In response Pamfilova decided to publish the video, “to avoid unfair presentation of information” from the opposition.

All specific facts stated in the complaint, will form the basis of decisions of the CEC, as well as the requests that will be sent to subordinate election commissions, law enforcement agencies, it was stated in the press service of the CEC on the results of the meeting. On Monday, the CEC sent an inquiry to the Prosecutor General with a request to promptly perform all necessary Supervisory actions. On the one hand, went to the CEC member and members of staff of the CEC to study the documents and clarify information about possible violations of the electoral law, the report of the electoral Commission. Since 16 April, the CEC has opened a hotline on which you can report violations.

“The most pointless 2 hours and 15 minutes during the whole campaign. As if in direct line with Putin went,” commented the results of the meeting the member of the Central Council of the unregistered Party of progress Navalny George Alborov.

What can the CEC

The opposition is “not very well understand the level of empowerment of the Central election Commission” and called for “immediate repression”, lamented the results of the meeting with the opposition Pamfilova in conversation with . “I can’t stand neither the Investigating Committee nor the Prosecutor’s office,” she explained.

The organizing Commission for these elections — not the CEC, election Commission of municipal formation, so the Central Commission to intervene in these elections really can not, said the head of the election monitoring movement “the Voice” Andrey Buzin. The CEC can only cancel the illegal decision of the lower election commissions — regional, that, in turn, is the decision of the Commission of municipal formation.

In reality, the CEC may submit a request to the Investigative Committee or the Prosecutor’s office to investigate violations.

If the violation is recognized by law enforcement authorities to determine the outcome of the vote, the municipal Commission may accept the results of early voting is invalid, Buzin said. Early voting may be cancelled either altogether or for a particular constituency, it all depends on the scope of the breach. After summarizing the results of the election, the candidates or voters can go to court. If the court finds the violations impeding the will of the voters, he can make a decision on the recognition of election results invalid.

The CEC can make recommendations to lower-level commissions and to threaten not to appoint the head of the electoral Commission of the Moscow region Irek Vildanov, suggested the expert.

Also, the CEC could hold a serious investigation into allegations of violations. In the practice of the previous presidents of the election committees there were cases when the CEC versed in municipal elections. So, in 2012, a special Commission from the Central election Commission studied complaints of rigging during the elections of the mayor of Astrakhan, following which the candidate from “Fair Russia” Oleg Shein went on hunger strike. The Commission affirmed separate violations, but the election results have not been revised.

“Another thing is that in Russia such municipalities, as Barvikha, about 30 thousand, and every elections the CEC will not and cannot pay attention, and such a precedent to create he didn’t want,” says Buzin.

To stop early voting is almost impossible, because in accordance with the electoral law nobody has the right to deprive citizens of the right to participate in elections, said the co-Chairman of movement “the Voice” Grigory Melkonyants.

To avoid in future such situations, the Central election Commission should develop a manual with the procedure of conduct of members of the precinct electoral Commission in controversial situations, when there is a technology of transportation of voters and “rubber apartments”, says Melkonyan. Still the most outgoing of the CEC instructions described the “ideal” situation when all is well.