Approved by Decision
# 22/146 of the Central Election Commission
of the Republic of Azerbaijan dated on October
08, 2004
COMMENT
on the rule for completing final protocol of
the Precinct Election Commission on the counting
votes and voting results in Municipal Elections of the Republic of Azerbaijan
After the finishing
voting on Municipal Elections, final protocol shall
be compiled on the voting results in every Precinct
Election Commission. The rules of completing
of that protocol shall be defined pursuant to
Articles 100, 106 and 207 of the Election Code
(after this –Election Code) of the Republic
of Azerbaijan and this Comment.
While compiling protocol each information of
the item shall be indicated separately, numbers
shall be written in words and figures. As it
is prohibited to make amendments in the official
protocol, firstly, its draft copy shall be compiled.
One shall not be allowed to write the protocol
by pencil and make some any amendments in it.
The information in the items # 1, 1 “a”, 2-4
and 7 of the protocol shall be written before
the ballot boxes have been opened. But, the
information in the item # 1 “b”, 5 and 6 shall
be written in any cases before the ballot boxes
have been opened.
The protocol shall be compiled by the member
with a decisive right of the election commission
and shall be signed by 2/3 of at least general
number of members with the decisive right of
the election commission. Member with a decisive
right of the commission who is not agreed with
a whole protocol or its separate parts shall
attach his own opinion to the protocol and relevant
note shall be made on it. Compiling the protocol
shall be observed by the persons indicated in
the Articles 40.2 and 40.4 of the Election Code
of the Republic of Azerbaijan.
The protocol should
be completed in the following order:
Item # 1 of the protocol – General number of
voter on the precinct
As well as:
a) number of voters in voters list;
b) number of voters who vote with the de-registration
cards.
This item includes general number of voters
in the item # 1 of the protocol of PECs and
number of voters who vote with de-registration
cards. Number of voters who got de-registration
card from PEC shall not be included here. Sum
of the figures in semi-items # “a” and “b” should
be equal to the number indicated in the item
# 2.
Item # 2 of the protocol – number of voters
who got de-registration cards
This item contains number of voters included
to the voters list till the voting day, but
having got de-registration card 24-3 days prior
to the election excluded from the voters list.
Item # 3 of the protocol – number of envelopes
provided to PECs by the Con.EC
The Con.EC compiles the relevant act and provides
the PECs with envelopes to put ballot papers
in the equal number together with ballot papers.
Number of envelopes indicated in that act shall
be included to the item # 3 of the protocol.
Item # 4 of the protocol – number of ballot
papers provided to PEC by the Con.EC (4=5+6+7)
This item should include the number of ballot
papers given to PECs by the Con.EC, that has
been indicated in the act by compiling relevant
act.
As in the equitation in the brackets (4=5+6+7),
the figure in this item should be equal to the
sum of figures in items # 5, 6 and 7.
Item # 5 of the protocol – number of stamped
envelopes and voters getting ballot papers (5≥11+12+14)
As well as:
a) outside the voting room;
b) in voting rooms (number of signatures in
permanent and temporary voters lists + number
of voters who vote with de-registration cards
(1b)).
This item should contain the number of voters
who get ballot papers and envelopes outside
the voting rooms and in voting rooms. As it
is in the equitation in the brackets (5≥11+12+14),
the figure in this item should more than the
sum of figures in items # 11, 12 and 14 or equal
to it. This number should make the sum of figures
in semi-items “a” and “b” of item # 5.
Item # 6 of the protocol – number of ballot
papers canceled without having been used
The unused ballot papers shall be counted by
the members of PEC with the observation of the
observers in the voting room before the ballot
boxes have been opened, right corners of the
ballot papers shall be cancelled by the cut
line, an act shall be compiled and after announcement
shall be indicated in this item. The cancelled
ballot papers shall be closed separately.
Item # 7 of the protocol – number of spoilt
ballot papers
If the voter applies to PEC about the spoiling
ballot papers in some any reason the commission
should compile relevant act and canceling spoilt
ballot paper by cutting in a half shall be put
to the envelope considered for this. Number
of spoilt ballot papers should be included to
the item # 7 of the protocol.
Item # 8 of the protocol – number of stamped
envelopes in ballot boxes (excluding envelopes
not in the defined form) (8=9+10)
As well as:
a) in portable ballot boxes;
b) in stationary ballot boxes.
While opening portable and stationary ballot
boxes number of sealed envelopes by the stamp
of PEC ( excluding the envelopes not in the
defined form )shall be included to the semi-items
“ a ” and “ b ”of this item according to opening
turns of boxes. Envelopes in the defined form
means the envelope prepared in the form defined
by the Central Election Commission of the Republic
of Azerbaijan (hereafter referred to as Central
Election Commission)and sealed by the stamp
of PEC. Rest of the envelopes shall be considered
undefined envelopes.
As in the equitation (8=9+10) i.e. figure of
the item # 8 should be equal to the sum of the
figures in the item # 9 and 10 of the protocol.
Sum of the figures in the semi-items “a” and
“b” should be equal to the number indicated
in the item # 8.
Item # 9 of the
Protocol – number of valid votes (number of
stamped envelopes that one ballot paper in the
defined form completed legally is in)
This item contains number of stamped envelopes
that one ballot paper in the defined form is
in. This ballot paper should be numbered, cut
upper left corner, stamped right corner and
voted for candidates in the number equal or
less than the number of the members of municipality.
The votes are considered valid in this case
and number of those votes shall be included
to the item # 9 of the protocol.
Item # 10 of the protocol – number of invalid
votes (number of stamped envelopes with several
ballot papers in + number of envelopes with
ballot papers without any mark in + number of
stamped envelopes without any ballot paper or
with the ballot paper not in the defined form)
This item contains sum of figures of stamped
envelopes with several ballot papers in, envelopes
with ballot papers without any mark or with
vote for more than one candidate in and stamped
envelopes without any ballot paper or with the
ballot paper not in the defined form.
Item # 11
of the protocol – number of ballot papers in
stamped envelopes in ballot boxes (excluding
those in the defined form)
This item should be included number of ballot
papers prepared in the approved form by Central
Election Commission, numbered, cut upper left
corner and stamped in the right corner by PEC.
Ballot papers indicated in that item shall be
only within the stamped envelopes.
Item # 12 of the protocol – number of ballot
papers not put in envelopes in ballot boxes
(excluding those not in the defined form)
as well as:
a) in portable ballot boxes;
b) in stationary ballot boxes;
This item should contain number of ballot papers
not put in the envelopes of ballot boxes. This
item should not contain the number of ballot
papers not in the approved form by Central Election
Commission, numbered, not cut upper left corner
and not stamped right corner. According to the
opening turn of the boxes number of those ballot
papers from the portable ballot boxes shall
be included to the semi-item “a” but number
of such ballot papers from the stationary ballot
papers shall be included to the semi-item “b”;
sum of figures in semi-items “a” and “b” should
be equal to the number indicated in the item
# 12.
Item # 13 of the protocol – number of unstamped
envelopes in ballot boxes
This item should contain number of envelopes
from the portable and stationary ballot boxes
and unstamped envelopes of PEC.
Item # 14 of the Protocol – number of ballot
papers in unstamped envelopes in ballot boxes
(excluding those not in the defined form)
This item shall be written number of ballot
papers from the ballot papers and ballot papers
in the unstamped envelopes.(excluding ballot
papers not in the defined form by Central Election
Commission or numbered, cut upper left corner
and unstamped right corner )
Item # 15 of the protocol – distribution of
valid votes among candidates
In this item of the protocol, surname, name
and patronymic of the candidate included in
the ballot paper should be written in succession
as in the ballot paper,( in alphabetical order)
and the number of votes for each candidate should
be indicated in words and figures. Distribution
of the valid votes among the registered candidates
shall be counted only on the ballot papers from
the stamped envelopes indicated in the item
# 9 of the protocol. Sum of the votes shall
be written in the down of the tabulation.
Date and time of fulfilling the protocol shall
be indicated after the whole completion of the
protocol.
Signing the protocol in the empty or not fully
completed form by the members of the commission
is prohibited. The member of PEC who is not
agreed with a whole protocol or its separate
parts shall attach his own opinion to the protocol.
In this case he does not sign the protocol.
The following election documents attached to
the final protocol shall be submitted to the
Con.EC pursuant to the Article 106.7 of the
Election Code of the Republic of Azerbaijan.
First copy of the PEC protocol, as well as complaints
(applications)related to the violation of the
Election Code, entered the PEC on the voting
day and decisions concerning these adopted by
the PEC, act on receiving envelopes and ballot
papers by the PEC, act on the cancel of unused
ballot papers, act on the number of cut left
corners of the ballot papers, act on the number
of ballot papers spoilt by the voters’ mistake,
act on the number of closed, stamped envelopes,
ballot papers taken together with the voters
application for the voting outside the voting
room, ballot papers used and returned without
using (Appendice # 1) by attaching closed stamped
envelopes, ballot papers and voters list on
the PEC should be compiled immediately but not
later than 2 days after the voting day and sent
to the Central Election Commission by the accompany
of the chairman of the Con.EC and members representing
different political parties. The above-mentioned
acts should be signed by the PEC chairman and
secretaries. The approved copies of the complaints
(applications), decisions of the PEC and above-mentioned
acts shall be fixed to the item # 2 of the protocol.
