Approved by Decision # 31/249
dated on September 18, 2003
of the Central Election Commission
of the Republic of Azerbaijan

COMMENT
on the rules for completing final protocol of Precinct Election Commission on the counting of votes and voting results in the polling station during the Presidential Elections of the Republic of Azerbaijan

1. After the voting on the Presidential Elections of the Republic of Azerbaijan ends, final protocol on the voting results is compiled in every Precinct Election Commission (PECs). Rules for completing this protocol shall be defined by Articles 100, 106 and 201 of the Election Code of the Republic of Azerbaijan (hereafter referred to as Election Code).
2. Final protocol of the PEC on the voting results shall be compiled by the observation of registered candidates, their authorized representatives or agents, political parties, agents of blocks of political parties and observers.
3. When the voting ends, i.e. at 19.00, Chairman of the PEC declares loudly that "Only voters who got ballot papers and are in the voting room can vote". In this case, it should be ensured that voters stand in turn in the voting room shall vote till this declaration.
4. Unused ballot papers shall be counted by commissioners of PECs by the observation of observers in the voting room before opening ballot boxes and they shall be canceled. Upon canceling the ballot paper its lower right corner is cut with cancel line. The number of these ballot papers is declared, an act is compiled and the indicated figure is stated in the voting final protocol. Canceled ballot papers are bound separately.
5. The number of voters who got the ballot paper and sealed envelope is included in the voting final protocol. At the same time, the number of voters who vote in the polling station, outside the polling station and who use portable ballot boxes shall be indicated in the final protocol. Given for the ballot box but unused locks are put in envelopes, envelopes are stamped and an act is compiled by indicating the number of locks on this. Afterwards Chairman of the PEC checks the safety of the locks for the ballot box and opens ballot boxes by making commissioners of the PEC and observers with these obviously.
6. Ballot boxes are opened by turns: first portable ballot boxes, then stationary ballot boxes. First, stamped envelopes with the ballot paper in it in the defined form inside the ballot boxes are counted. Their number should not exceed the number of the applications submitted by voters to vote outside the voting room.
7. If the common number of envelopes with ballot papers in the defined form is more than the number of the submitted applications while counting the votes on portable ballot boxes, then all votes in the portable ballot boxes are considered invalid by the decision of the PEC. An act on this shall be attached to the voting final protocol by indicating the surnames of commissioners of the PEC that ensures the conduct of the voting outside the voting room.
8. While counting the votes in the stationary ballot boxes, if the general number of envelopes with ballot papers in it in the defined form is more than the number of voters who got ballot papers, then all the votes in the stationary ballot boxes shall be considered invalid by the decision of the PEC.
9. The number of voters who vote with de-registration cards in this polling station shall be attached to the number of the voters in the voters list on the polling station.
10. If there is some suspicion towards the validness of the vote, then the PEC settles the issue by the voting. If a decision on the invalidness of the vote is adopted, then the back side of the ballot paper should contain the causes of considering invalid. Such notes should be ratified by the sign of the Chairman and Secretaries of the PEC. Envelopes and ballot papers considered invalid vote are bound separately.

Remember:
11. It is prohibited to write the protocol with a pencil or to make some amendments on it. As it is prohibited to make amendments in the official protocol, firstly, its rough copy should be compiled.
12. The counting of voters votes by the Chairman of the PEC by the participation of the commissioners of the PEC shall be conducted without recess till the end of the direct voting. In this case, back side of each valid ballot paper shall be stamped by the PEC. If there is some suspicion toward the validness of the vote, the PEC settles this issue by the voting. If a decision on the invalidness of the vote is adopted, then the back side of the ballot paper should contain the causes of considering invalid. Such notes shall be verified by the signs of the Chairman and Secretaries of the PEC. Invalid votes are bound separately. If there is some suspicion toward the invalidness of the ballot paper, then its back side does not contain this.
13. The information in items 1, 2, 3, 4, 5, 6 and 7 of the protocol can be written before opening the ballot boxes.
14. The following information shall be included in the protocol:
14.1. Item #1 of the Protocol
1. General number of voters on the polling station

As well as:
a) the number of voters in the voters list;
b) the number of voters who vote with de-registration cards.
Note: Item #1 of the protocol on the voting results by the PEC should contain the general number of voters in the voters lists (permanent voters lists and temporary lists) and who vote with de-registration cards. The number of voters provided with de-registration cards from the PEC should be included there. Total of the figures in "a" and "b" semi-items of this item shall be equal to the number indicated by item #1.
14.2. Item #2 of the Protocol
2. The number of voters got de-registration cards

Note: This item should contain the number of voters included in the voters lists till the Election Day, but excluded from the voters lists after getting de-registration cards till 3 days prior to the voting day.
14.3. Item #3 of the Protocol

3. the number of envelopes submitted to the PEC by the Constituency Election Commission (Con.EC)
Note: The Con.EC provides the PEC with ballot papers together with envelopes to put ballot papers in the equal amount by compiling an act. The number of the envelopes indicated in this act shall be included in the item #3 of the protocol.

14.4. Item # 4 of the Protocol
4. The number of ballot papers submitted to the PEC by the Con.EC (4=5+6+7)

Note: This item includes the number of ballot papers submitted to the PEC by the act of the Con.EC.
The equation in the brackets (4=5+6+7), i.e. the indicator of item #4 shall be equal to the total of the figures in the items # 5, 6 and 7.
14.5. Item # 5 of the Protocol
5. the number of voters got stamped envelopes and ballot papers
as well as:
a) outside the voting room;
b) in the voting room.
Note: This item includes the number of voters in the voting room and outside the voting room who got ballot papers. Equation in the brackets (5( 11+ 12+14), i.e. the figure of item #5 shall exceed or be equal to the figures in the items # 11, 12 and 14. This figure must be the total of the figures of semi-items "a" and "b" of the item.
14.6. Item # 6 of the Protocol

6. the number of canceled ballot papers without being used
Note: Unused ballot papers are counted by the commissioners of the PEC by the observation of observers in the voting room before opening ballot boxes and are canceled by cutting their right corner, an act is compiled and is written in this item after the declaration. Canceled ballot papers are bound separately.

14.7. Item # 7 of the Protocol
7. The number of spoiled ballot papers
Note: If the voter appeals to the PEC on the spoil of the ballot paper for any reason, the Commission shall compile the relevant act and put in the envelope implied for this by cutting half the spoiled ballot paper. The number of the spoiled ballot papers is indicated in the item # 7 of the protocol.
14.8. Item # 8 of the Protocol
8. The number of stamped envelopes in ballot boxes
((excluding envelopes not in the defined form) (8=9+10)(

as well as:
a) in the portable ballot box;
b) in the stationary ballot box.

Note: When opening portable and stationary ballot boxes the number of envelopes stamped by the seal of the PEC (excluding envelopes not in the defined form) is included in "a" and "b" semi-items of this item. By saying envelope in the defined form we mean ballot papers prepared in the form defined by the Central Election Commission of the Republic of Azerbaijan (hereafter referred to as CEC) and stamped by the seal of the PEC.
Equation in the brackets (8=9+10), i.e. must be equal to the figure in the item #8, the total of the figures in items # 9 and 10.
The number indicated in "a" and "b" semi-items must be equal to the number indicated in item # 8.

14.9 Item # 9 of the Protocol
The number of valid votes (the number of stamped envelopes with the ballot paper completed according to the legislation in it)
Note: This item contains the number of stamped envelopes with 1 (one) ballot paper in the defined form in it. Upper left corner of this ballot paper must be cut, right corner must be stamped and it must be voted for only 1 (one) candidate. In this case votes are considered valid and shall be included in the item # 9 of the protocol.
14.10. Item # 10 of the Protocol
10. The number of invalid votes
Note: This item should contain the number of the stamped envelopes with several ballot papers in it, number of the stamped envelopes without any sign in it and ballot paper where it was voted for only one candidate, as well as stamped envelopes without any ballot paper in it or with the ballot paper with uncertain form.
14.11. Item # 11 of the Protocol
11. The number of defined ballot papers in the stamped envelopes in ballot boxes
Note: This item should contain the number of the ballot papers prepared in the form defined by the Central Election Commission, with cut upper left corner and stamp of the PEC on the right corner. Ballot papers indicated in this item shall be only in the stamped envelopes.
14.12. Item # 12 of the Protocol
12. the number of ballot papers not put in the envelopes in ballot boxes (excluding the ones not in the defined form)
as well as:
in thew portable ballot box:
in the stationary ballot box (boxes).
Note: This item includes the number of ballot papers not put in the envelopes in ballot boxes. The number of ballot papers not in the form approved by the central Election Commission, whose numbered upper left corner was not cut and whose right corner was not stamped should not be included in this item. The number of these ballot papers dropped out of the portable ballot box shall be included in the "a" semi-item and the number of ballot papers dropped out of the stationary ballot box (boxes) should be included in "b" semi-item; the total of the figures in "a" and "b" semi-items must be equal to the number indicated in the item # 12.
14.13. Item # 13 of the Protocol
13. The number of the stamped envelopes in ballot boxes
Note: This item should include the number of the enveloped dropped out of portable and stationary ballot boxes without the stamp of the PEC .
14.14. Item # 14 of the Protocol
14. The number of ballot papers in the stamped envelopes in ballot boxes (excluding ballot papers not in the defined form)
Note: This item contains the number of ballot papers in the envelopes not stamped by the PEC and dropped out of ballot boxes (excluding ballot papers not in the form defined by the Central Election Commission or whose numbered upper left corner was not cut and whose corner was not stamped).
14.15. Item # 15 of the Protocol
Distribution of valid votes among candidate to presidency
Note: This item of the protocol contains surnames, names and patronymics of candidates to presidency included in the ballot paper in the order indicated in the ballot paper (in alphabetical order) and the number of votes cast in the favor of each candidate is indicated with words and figures. Distribution of voters valid votes among registered candidates is counted only from the ballot papers dropped out of the stamped envelopes indicated in the item # 9 of the protocol. At the end of the tabulation the total of the votes shall be indicated and this number must be equal to the number of valid votes indicated in the item # 9 of the protocol.
If there is no parity of figures the protocol shall be considered invalid.
15. Date and time of compiling the protocol is indicated after full compiling.
16. All commissioners of the PEC and observers are made aware with the voting results.
17. The protocol is compiled by members of the election commission with decisive rights and is signed by at least 2/3 of the members with decisive rights. The commissioner with decisive right who does not agree with the protocol or its separate parts can add his/her own special opinion and the relevant note on this shall be indicated in the protocol. The persons implied by Articles 40.2 and 40.4 of the Election Code can observe the compiling of the protocol.
17.1. If the number of the persons who signed the protocols does not constitute at least 2/3 of the PEC commissioners or if the protocol has not been completed accurately then it is considered invalid. It is prohibited for commissioners to sign protocols if they are not completed or not wholly completed. The commissioner of the PEC who does not agree with the protocol wholly or its separate parts can add his/her own special opinion to the protocol. In this case, he/she does not sign the protocol.
Notes:
1. The final protocol consisting of 3 copies (each copy must be in different colors) is prepared in the form of booklet from the carbonized sheet.
2. While compiling a protocol the information of each item shall be indicated separately and numbers are written with words and figures.
18. When preparing voting protocols at the same time the copies of voting protocols are also prepared by the Central Election Commission and are submitted to election commissions. Each election commission is provide with the copy of protocol in 30 copies. Serial numbers are not indicated in the polygraphical order in the copy of protocol and when completing the copy of protocol they are noted with words according to the relevant protocol. Protocol copies of the PEC submitted to registered candidates, their authorized representatives or agents, political parties, agents of the blocks of political parties and international observers shall be approved by the chairman or secretary of the commission with their request. In this case, this person signs the protocol after writing the words "Asli ile duzdur" ("Appropriate to its origin") and serial number of the protocol, approves by the stamp of the commission and puts the date of approval. The above-mentioned persons get a single of the approved copy of the protocol without any payment and get additional copies after paying the amount defined by the Central Election Commission.
19. The firs copy of the protocol, complaints (applications) related to the violation of the Election Code, entered the PEC on the voting day and decisions on these adopted by the PEC, act on the reception of ballot papers by the PEC, act on the cancel of the unused ballot papers (by indicating the number of such acts), act on the number of the cut upper left corner of ballot papers, act on the spoilt ballot papers, act on the bound and stamped envelopes, unused envelopes, used and unused ballot papers in the voting by portable ballot boxes, list of voters on ballot papers and polling stations (by adding de-registration cards) shall be sent to the Con.EC immediately but not later than 24 hours by accompany of commission chairman and two members representing different political parties. The above-mentioned acts are signed by the chairman and secretaries of the PEC.
20. Approved copies of complaints (applications), decisions by the PEC, the above-mentioned acts shall be attached to the second copy of the protocol.
21. The second copy of the protocol together with cut upper left corner, cut sections of the spoilt ballot papers, lists of the persons who observed the voting and counting of votes shall be preserved by the secretary of the PEC till the end of the commission activity.
22. The PECs established outside the Republic of Azerbaijan shall send the first copy of the protocol on the voting results together with attached documents to the Con.EC defined by the Central Election Commission within 3 days since the voting day.
23. If the law violations during the conduct of elections or defining voting results do not allow to define the voters will or if the court decided, then the Con.EC or PEC considers the voting invalid.
24. While compiling the rough copy of the voting protocol, all its items shall be checked again. If not any error is revealed, the original of the protocol must be compiled and sent to the Con.EC within 24 hours.
25. After signing the final protocol on the voting results its third copy shall be hang on the badges of the polling station in order to make the observers mass media and other citizens aware and it is preserved for 5 days.