Court refused to cancel election results in Kalmykia
The Supreme Court of Kalmykia did not uphold Sanal Ubushiev’s request, a candidate for State Duma deputy from the Communist Party of the Russian Federation. He demanded the cancelation the election results in the republic due to violations at five polling stations. Ubushiev called the court's decision expected and said he would appeal it.
On October 13, the Supreme Court of Kalmykia suspended the consideration of Sanal Ubushiev’s claim. The court session was postponed until the decisions of the city and district courts entered into legal force, where each of the violations at polling stations listed in the statement of claim sent to the Supreme Court was considered separately. On the same day, the Elista city court did not satisfy Ubushiev’s claims, who challenged the results of voting at two polling stations in Elista. The judges considered the violations committed as technical mistakes that did not lead to distortion of the voters' will.
On September 24, Sanal Ubushiev, a candidate for State Duma deputy from the Communist Party of the Russian Federation in a single-mandate constituency, filed a lawsuit with the Supreme Court of Kalmykia demanding the invalidation of the voting results in the republic. In addition, its representatives sent five lawsuits to the Elista city court and the district courts of Kalmykia, in which they demanded the cancelation of election results at two polling stations in Elista, two in the Chernozemelsky district and one precinct in the Maloderbetovsky district. Two more claims - on violations of the election procedure at polling stations in Elista and Priyutnensky district - were sent to the courts by the Kalmyk branch of the Communist Party of the Russian Federation.
The parties did not provide the court with new evidence in the case. Mira Shovunova, substantiating the objection of the election commission to the satisfaction of the claim, noted that "court hearings have already taken place on the facts of violations at all polling stations indicated by the plaintiff." “In all cases, the claims were denied. These decisions came into force. Other circumstances that could affect the expression of the will of the voters were not presented to the court,” the lawyer added.
Sanal Ubushiev asked the court to postpone the hearing for two weeks in order to "provide evidence that the safe-bags were also incorrectly sealed at other precincts." He assured that there will be more than a hundred areas where violations were committed.
Even if Ubushiev proves that “the integrity of the safe-packages was violated in some precincts,” this will not become the basis for cancelling the voting results, since the court has already concluded that the “un-sticked indicator tape” is not a significant violation of voting rights, objected Shovunova.
The prosecutor also asked the court to dismiss the motion, since the plaintiff "had enough time to find additional evidence and clarify his claims."