Russia has a problem as regional elections approach. It would very much like to conduct elections in those areas that it annexed from Ukraine, as it would presumably legitimize its rule over these areas. However, the Russian constitution specifically forbids holding elections in areas under martial law. To bypass the problem, residents of the area will be allowed to vote remotely by internet, outside the area of ongoing armed conflict. It should be noted that electronic voting has been a contentious issue in Russian elections in the past as opposition parties have claimed that government control of the Central Elections Commission that supervises voting and vote counting makes electronic voting susceptible to tampering.
Nezavisimaya Gazeta's report on how the legislators overcame the constitutional difficulties follows below:[1]
"According to NG's sources, as early as next week the State Duma may consider amendments to the law on guarantees for citizens' electoral rights. This document [defines] that an [elections'] campaign in new regions under martial law will be held in the format of remote voting under the control of the Russian Federation's Central Election Commission. For this reason, apparently, the authorities of the DPR [Donetsk People's Republic], LPR [Luhansk People's Republic], Zaporozhye and Kherson regions are not worried about the results of future elections to their parliaments.
"The Duma will receive comments and proposals on draft amendments to the law on guarantees of citizens' electoral rights until April 17, 2023. The deadline for the first reading is set within the same month. The last April sessions are scheduled for April 18, 19 and 20.
"Let's recall that the set of amendments to the basic electoral law was submitted by a group of senators and Duma deputies led by the heads of the upper and lower houses' committees for legislation and state-building, Andrei Klishas and Pavel Krasheninnikov. The document has been signed by three Duma factions, with the exception of the CPRF [Communist Party of Russia] and A Just Russia – For Truth. The list of these illustrious names written in a single line definitely encourages the assumption that this initiative is supported from above and will be passed."
Senator Andrei Klishas (Source: Rbc.ru)
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"As 'NG' reported previously, it's likely that the original intention was to review legislation on the active voting rights of those citizens who are held in custody. Courts at different levels have repeatedly recognized the full electoral capacity of suspects and accused, but not all Russian pre-trial detention facilities provide an opportunity to simply cast one's vote, let alone to run as a candidate [passive suffrage].
"However, the authorities then appeared to remember that time was running out for passing of a decision on how to hold elections to the legislative assemblies of the DPR, LPR, Zaporozhye and Kherson regions without cancelling the martial law introduced last autumn (see 'NG' article of 30.03.23). The relevant constitutional law prohibits holding elections on the territory where [martial law] is in force.
"However, reports have recently appeared in the media that the inflexibility of such a legal norm is both scientifically unsound and refuted by international practice. A whole study, signed by individual members of the CEC [Central Election Commission] [showed] that elections under various kinds of emergency conditions could fully proceed. The draft law proposed by senators and deputies outlines the approximate contours of the executive apparatus required for this supplementary mechanism, which, however, will probably be expanded.
"A key detail is the possibility of some sort of remote voting for citizens of the new regions, by agreement with the CEC and under its supervision. It appears that technically this could be done via the 'Mobile Voter' system or 'Remote Electronic Voting' (DEV).
"A traditional justification was provided – all this is due to concern for the people.
"'In order to ensure the safety, protection of the life and health of citizens, actualization and defense of citizens' electoral rights during the conduct of the first elections to the bodies of state power' of DPR, LPR, Zaporozhye and Kherson regions, their authorities may pass laws on the specifics of applying the all-Russian electoral rules. The CEC will have to endorse these acts so that regional commissions can then decide to establish polling stations outside the area of martial law.
"The very same CEC will give instructions on how this should be organized and acted upon, as well as how the votes received are to be counted. By the way, it will be possible to vote with documents other than a Russian passport, and limiting the time for an individual to cast his vote is permissible.
"Candidates will be granted the right not to comply with a number of rules, for example, ban on having foreign bank accounts; moreover, it is even specifically stated that they cannot be kicked out of the campaign for that. In short, the Russian CEC is undertaking to guarantee the outcome of the very first elections in the new Russian subjects, whose legislative assemblies will then have to approve the acting incumbents.
"Apparently, the latter seem to consider these parliamentary elections to be such an automatic process that they don't even mention it in their discussion of the local political situation. For instance, Vladimir Saldo, acting governor of Kherson Oblast, recently revealed to RIA Novosti that 'As of today, a relevant legislative act is being prepared that will cover the procedure for electing the highest official. Given the difficult situation, we are more inclined towards indirect elections.'
"The procedure, he says, will look as follows: the candidates will be nominated by the parties represented in the Legislative Assembly, and they will approve the person recommended by the Russian president. Thus, Saldo appears to be completely unconcerned by the fact that there is no parliament in the region yet and, most importantly, there is no clarity as to how it may emerge there at all."
Vladimir Saldo (Source: Ria.ru)
[1] Ng.ru, April 11, 2023.
