Approved by Decision
# 31/250
dated on September 18, 2003 of the
Central Election Commission
of the Republic of Azerbaijan
COMMENT
on the rule for completing the protocol on the
voting results during the Presidential Elections
of the Constituency Election Commission
1. First copy of the
protocol of PECs together with complaints (applications)
related to the violation of the Election Code
of the Republic of Azerbaijan entered the PEC
on the voting day and decisions on these adopted
by the PEC, acts on the reception of ballot
papers by the PECs, acts on the cancel of the
unused ballot papers (by indicating the number
of such ballot papers), acts on the submission
of voting cards and on the cancel of the unused
voting cards (by indicating the number of these
cards), acts on the number of the cut left corners
of ballot papers, acts on the spoilt ballot
papers indicated by Article 104.5 of the Election
Code, act on the bound and stamped envelopes,
on the locks given for ballot boxes but unused,
ballot papers indicated by Article 105.3 of
the Election Code and list of voters on the
polling stations shall be sent to the Con.EC
by accompany of the chairman of the PEC and
two members representing different political
parties. The above-mentioned acts are signed
by the chairmen and secretaries of the PECs.
2. After the submission of the above-mentioned
documents to the Con.EC, commissioners check
the meeting of the submitted documents the requirements
of item # 1 of this Comment, whether there is
any inappropriateness in the voting results
(in the protocol). Then the voting results are
included in the final tabulation on the voting
results (electoral returns).
3. The protocol of the Con.EC is compiled according
to the generalization of all the information
in the protocols of the PEC. The above-mentioned
information shal be summarized without recess.
Remember:
It is not allowed to write the protocol with
a pencil or to make any amendments to it. As
the official protocol is prohibited to amend
first its rough copy must be compiled.
4. The column for "the number of the PECs
on the constituencies" of the protocol
of the Con.EC should contain the number of the
polling stations on the relevant Con.EC.
The column for "the number of the protocols
submitted by PECs" should contain the number
of the protocols submitted by other PECs excluding
the polling stations where the voting was invalid.
The column for "the number of the protocols
of the PECs adopted as a basis for the compiling
of the protocol of the Con.EC" should contain
the number of the protocols submitted by polling
stations where elections have been valid (excluding
the protocols submitted by PECs where the voting
results have been considered invalid).
The column for "the number of the polling
stations where the voting results have been
considered invalid" should contain the
number of the polling stations where the voting
has been valid but the voting results have been
considered invalid.
The column for "the number of polling stations
where the voting has been invalid" should
contain the number of the polling stations where
the final protocol was not compiled as the voting
was invalid because of the natural calamity,
unavoidable events, inability of the police
to restore the order and so on reasons.
Besides what were mentioned by item # 4, the
protocol shall be completed in the following
rule:
4.1. Item # 1 of the Protocol
general number of voters on constituencies;
a) the number of voters in the voters lists;
b) the number of voters voting with de-registration
cards.
Note: Item # 1 of the PEC protocols on the voting
results should contain the general number of
voters in the voters lists (permanent and temporary
voters lists) and voters voting with de-registration
cards. The total of the numbers in "a"
and "b" semi-items of this item shall
be equal to the number indicated in the item
# 1.
4.2. Item # 2 of the Protocol
3. the number of voters got de-registration
cards;
Note:
Upon summing up the figures in the item # 2
of PEC protocols, the number of voters got de-registration
cards in the Con.EC 45-25 days prior to the
voting day shall be attached and indicated in
this item.
4.3. Item # 3 of the Protocol
3. the number of the envelopes submitted to
PECs by the 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 the relevant act. The number of envelopes
indicated in this act shall be included in the
item # 3 of the protocol.
4.4. Item # 4 of the Protocol
4. the number of ballot papers submitted to
PECs by the Con.EC (4=5+6+7);
Note: This item should contain the number of
ballot papers submitted to PECs by the Con.EC
by compiling the relevant act.
Equity in the brackets (4=5+6+7), i.e. this
item must be equal to the sum of the items #
5, 6 and 7 of the protocol.
4.5. 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 should contain the number of
voters got ballot papers and envelopes in the
voting room and outside the voting room. Equity
in the brackets (5(11+12+14), i.e. this item
must be more than the total of items # 11, 12
and 14 or equal to it. This number must be equal
to the total of the figures of "a"
and "b" semi-items.
4.6. Item # 6 of the Protocol
6. the number of unused and canceled ballot
papers;
Note:
The total of the figures of the item # 6 of
PEC protocols shall be indicated in this item.
4.7.Item # 7 of the Protocol
7. the number of the spoilt ballot papers;
Note:
This item should contain the total of the figures
of the item # 7 of PEC protocols.
4.8. Item # 8 of the Protocol
8. the number of stamped envelopes on ballot
boxes (excluding the 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: This item should contain the total of
the figures of the item # 8 of PEC protocols.
The total of the figures in "a" and
"b" semi-items of this item of PEC
protocols shall be indicated in relevant semi-items
of the protocol.
4.9. Item # 9 of the Protocol
9. the number of valid votes (the number of
stamped envelopes with a ballot paper completed
in accordance with law);
Note:
This item of the Con.EC protocol should contain
the total of the number of items # 9 of PEC
protocols.
4.10. Item # 10 of the Protocol
10. the number of invalid votes;
Note:
This item should contain the total of numbers
of item # 10 of PEC protocols.
4.11. Item # 11 of the Protocol
11. the number of ballot papers in the defined
form in the stamped envelopes of ballot boxes;
Note:
This item should contain the total of numbers
indicated in the item # 11 of PEC protocols.
4.12. Item # 12 of the Protocol
12. the number of ballot papers not put in envelopes
in ballot boxes (excluding the ones not in the
defined form);
as well as:
a) in the portable ballot box;
b) in the stationary ballot box;
Note:
This item should contain the total of numbers
in item # 12 of PEC protocols. The total of
figures indicated in "a" and "b"
semi-items of this item of PEC protocols shall
be indicated in relevant semi-items of the protocol.
4.13. Item # 13 of the Protocol
13.the number of not stamped envelopes;
Note:
This item should contain the total of figures
indicated in the item # 13 of PEC protocols.
4.14. Item # 14 of the Protocol
14. the number of not stamped envelopes in ballot
boxes (excluding ballot papers not in the defined
form);
Note:
This item should contain the total of figures
indicated in the item # 14 of protocols of the
Central Election Commission.
4.15. Item # 15 of the Protocol
15. Distribution of valid votes among candidates
to presidency.
Note:
This item of the protocol should contain surnames,
names and patronymics of candidates to presidency
in the alphabetical order mentioned in the ballot
paper and the number of votes cast for each
candidate shall be written with words and figures.
The number of the sum of votes cast for each
candidate in PEC protocols shall be indicated
in the column for the number of votes cast for
this candidate with words and figures. The number
of votes is written at the end of the tabulation
and this number must be fully equal to the number
of valid votes indicated in the item # 9 of
the protocol.
If there is no equity in this number, then the
protocol shall be considered invalid.
5. Date of compiling of the protocol is indicated
after the full compiling of the protocol.
6. The Con.EC protocol shall be summarized on
the summarizing of the information in the PEC
protocols not later than the voting day without
recess.
7. The protocol shall be compiled by commissioners
with decisive rights and shall be signed by
at least 2/3 members of commissioners with decisive
rights. Commissioners with decisive rights who
do not agree with the protocol or its separate
parts can add his/her own special opinion and
it is noted on this in the protocol. The compiling
of the protocol can be observed by the persons
implied by Articles 402 and 40.4 of the Election
Code.
7.1. If the number of the persons who signed
the protocols does not constitute at least 2/3
of the Con.EC commissioners or if the protocol
has not been completed accurately, then it is
considered invalid. It is prohibited to sign
the protocol in the case of not completing or
not fully completing of it by commissioners.
The Con.EC commissioner who does not agree with
the protocol or its separate parts can add his/her
special opinion. In this case, he/she does not
sign the protocol.
8. If the law violations during the conduct
of elections (referenda) or defining the voting
results does not allow to define the voters
will or if the court adopted the relevant decision,
then the Con.EC or PEC considers the voting
invalid.
Notes:
1. The final protocol shall be prepared in the
form of booklet from the carbonized sheet consisting
of 3 copies (each copy shall be in the different
colors).
2. While compiling the protocol the information
of each item shall be indicated separately and
shall be written with words and figures.
9. 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.
10. Approved copies of complaints (applications),
decisions by the PEC, the above-mentioned acts
shall be attached to the second copy of the
protocol.
11. The second copy of the protocol together
with stamped ballot papers, cut left corners
of these ballot papers, as well as list of the
persons observed the voting and indicated in
Articles 40.2 and 40.4 of the Election Code
shall be preserved in the Con.EC Secretariat
till the end of the commissions.
12. 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.
13. The third copy of the protocol shall be
preserved in the information badge after the
compiling of the protocol.
14. 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 by the accompany of the chairman and
members representing different political parties
within 48 hours.
15. 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 10 days.