Approved by Decision #22/149
dated on August 12, 2003
of the Central Election Commission
of the Republic of Azerbaijan

INSTRUCTION

ON STATUS OF MEMBERS OF ELECTION COMMISSIONS WITH
CONSULTATIVE RIGHTS

During elections, the registered candidate and political parties or blocks of political parties whose candidates have been registered can appoint a citizen of the Republic of Azerbaijan with active suffrage as a member of a relevant election commission with consultative right.
The members with consultative rights nominated by the registered candidates and political parties or blocks of political parties whose candidates have been registered, shall be approved by the relevant election commission within 3 days.
If political parties are merged, in this case, all other members with consultative rights except one shall be recalled from the election commissions. If a political party does not meet this requirement, the relevant election commission exclude these members with consultative right that have to be recalled from the commission, based on its own considerations.
Members of election commission with consultative rights cannot act as the members of election commission with decisive voting rights.
A member of one election commission with consultative right, cannot be at the same time a member of another election commission.
A member of election commission with consultative right shall be dismissed from his/her position based on the decision of a relevant election commission within a month, and during preparation and holding of election – within 3 days, in the following case:
- on submission of a written application for resignation, and if this application is confirmed by the chairperson of the election commission;
Powers of a member of election commission with consultative right shall immediately be terminated in the following cases:
- becoming a candidate for the post of President, deputy of the Milli Majlis or for a member of municipality;
- being an elected member or official of a State power body or municipality;
- being deprived of citizenship of the Republic of Azerbaijan, or being a citizen of another country;
- when accusatory court verdict about him/her comes into force;
- when he/she is recognized by court decision that has come into force, to be incapacitated or with limited capacity, or considered missing or dead;
- when violation of provisions of Article 17.6 of the Election Code of the Republic of Azerbaijan is approved by a court decision;
A member of the election commission with consultative right can neither be dismissed from his/her position, nor his/her authorities be terminated by the body that appointed him/her, except for the cases established above.
The commission members with consultative rights shall be subject to liability established by the Criminal Code or Code of Administrative Offences of the Republic of Azerbaijan, for violation of requirements of the Election Code of the Republic of Azerbaijan.
Except for issuance of ballots and de-registration cards for voting, counting of ballots, cancellation of ballots and de-registration cards, drawing up protocols about outcomes and results of voting, voting during adoption of decisions on issues concerning authorities of the election commission and the right to sign decisions of the relevant election commission, a commission member with consultative right:
- shall beare timely informed about sessions of the relevant election commission;
- can give proposals on issues related to authorities of the relevant election commission, make a speech in the session of election commission and suggest voting on these issues;
- can ask questions to other participants of the meeting of the election commission regarding the issues in the agenda and get answers on them;
- can get familiarized with any election document (including voters lists, ballots), election documents of lower election commissions; obtain copies of documents (except for voters lists, ballots and voter’s cards); get familiarized with documents that display information which is not considered by the Law as a State, commercial or other kind of secret;
- can complain of decisions or actions (lack of actions) of the election commission to a relevant superior election commission and to court, in the order defined by the Election Code of the Republic of Azerbaijan.
Authorities of a member of election commission with consultative right shall beare terminated in 30 days after official announcement of overall results of election, but if the superior election commission receives a complaint on decision, action (lack of action) of a lower election commission, and if rules of voting or vote counting have been violated and court investigation on these facts is in progress, then their authorities shall be terminated only after the superior election commission or the court makes decision on the issue of the complaint.