Is there logic in the legislative regulation of the candidate registration based on electoral signatures

by Arkadiy Lyubarev, co-chairman of Council of «Golos» movement, adviser at Kudrin Fund for Suport of Civil Initiatives

From the mid 2000’s Russian electoral legislation was constantly being changed and essentially became unsystematic, says the author. As a result, electoral legislation has significantly shed its inner logic. The brightest illustration for this conclusion is the positions of the federal laws that regulate registration of candidates and electoral lists. The alogism can be clearly observed by comparing norms pertaining to elections of various levels.

Abstract. This article explores the positions of Russian electoral legislation that regulates candidate registration and electoral list based on electoral signatures. It is noted that as a result of an unsystematic amendments to the electoral legislation that took place in the recent years, this legislation has lost its internal logic. The author thoroughly researches the practice of candidate registration and electoral lists at the regional and municipal elections over the recent years. It is noted that in accordance with the legal position of the Constitutional Court of the Russian Federation, the purpose for the candidate registration system and electoral lists is to only allow candidates that have a sufficient support from the electorate. The author compares the norms of the electoral legislation on the mandatory number of signatures for registration and not requiring separate political parties to collect signatures for elections of various levels. The comparison reveals lack of logic in establishment of norms pertaining to the rules of candidate registration and electoral lists. Analysis of the registration process and electoral lists on the regional and municipal levels confirms that the registration system based on signatures does not carry out its constitutionally important function:it leads to exclusion of candidates that have voter support, but at the same time allows candidates that then get low results. The author proposes series of measures for restoration of normal political competition at Russian elections.

Read the full article in SENTENTIA. European Journal of Humanities and Social Sciences