Approved by
Decision # 16/57
of Central Election
Commission
of the Republic
of Azerbaijan
dated on July 12,
2005
INSTRUCTION
on the status of agents in Elections to the
Milli Majlis of the Republic of Azerbaijan
1. Status of agents
shall be determined by Articles 72 and 152 of
Election Code of the Republic of Azerbaijan.
1.1. The candidate registered on single-mandate
constituency shall have the right to appoint
agents up to 10;
1.2. Agents shall be registered by the Constituency
Election Commission (Con.EC) within 3 days since
the day of receiving written application of
the candidate to deputy on the appointment of
the agent (Appendice # 1), as well as applications
on consent to which photos of 3X4 size of agents
(Appendice # 2) have been attached and the agents
shall be provided with cards (Appendice # 3);
1.3. The application should contain each person`s
surname, name, patronymic, date of birth, main
working or service place, position (if not any,
then type of activity), address of residence,
serial number of ID card or its substitute document
and date of issue;
1.4. Relevant election commission shall provide
this person with badge containing of his/her
surname, name, patronymic and photo which allows
to identify his/her status (Appendice # 4).
Agents shall have this badge while being in
the voting room on the voting day;
1.5. By warning the Con.EC, the registered candidate
can call the appointed persons back at any time
and appoint others instead of them. If there
is such warning, the card of the agent shall
be canceled. The agent can refuse from his/her
authorities and return the card submitted to
him on own initiative at any time by warning
the subject who appointed him;
1.6. The agents shall be registered by the relevant
Con.EC and provided with cards (Appendice #
7) within 3 days since the day of receiving
the presentation on the appointment of agents
of political parties, political party blocs
(Appendice # 5) and applications on consent
to which photos of agents sized 3X4 have been
attached (Appendice # 6);
1.7. Relevant election commission shall provide
this person with badge containing of his/her
surname, name, patronymic and photo which allows
to identify his/her status (Appendice # 8).
Agents shall have this badge while being in
the voting room on the voting day;
1.8. Agents of political parties or political
party blocs shall be appointed by decision of
joint meeting of representatives of relevant
political parties or political party blocs or
decision of session of their convention, conference
or meeting of the leading authority.
Agents of political parties or political party
blocs shall perform their authorities in accordance
with the decision above-mentioned that contains
their authorities, surname, name, patronymic,
date of birth, serial number of ID card or its
substitute document, address of residence, main
working or service place (if not any, then type
of activity);
1.9. List of agents appointed by political parties
or political party blocs shall be submitted
to Central Election Commission and Con.ECs (Appendices
# 9 and 10).
List of agents appointed by political parties
or political party blocs should contain surname,
name, patronymic, date of birth, serial number
of ID card or its substitute document and date
of issue, address of residence, main working
or service place (if not any, type of activity),
telephone number of each agent. Written application
of each person on the consent to be an agent
shall be attached to the relevant list submitted
to Central Election Commission.
1.10. Authority of agents shall be terminated
by being warned in written form by decision
of the authoritative body of political parties
or political party blocs; copy of the decision
on this shall be sent to Central Election Commission
and Con.ECs.
2. Agents shall have the following rights and
duties:
- to participate in pre-election campaign of
the registered candidate;
- to apply to the relevant executive authority
with an application for allocating place to
hold meetings with voters;
- to get the list of places allocated for locating
pre-election campaign materials from the Con.EC;
- organizing meetings with voters on military
services within the military unit, inviting
all candidates, political parties or political
party blocs whose candidates were registered
and their warning about this 3 days prior to
the day of appointing such meeting together
with the commander-in-chief of the military
unit;
- to take part at sessions of election commissions,
counting of votes, to observe working with de-registration
cards for voting and be familiar with them,
to observe working with protocols on results,
get copies of decisions by election commissions
and other election documents ( excluding voter
lists, de-registration cards for voting, ballot
papers and signature sheets) and observe implementation
of other election actions in election commissions;
- to observe election procedure as an observer;
- be familiarized with voter lists;
- to be in the voting room of the relevant precinct
at any time on the voting day;
- to observe providing voters with envelopes
to put ballot papers in and ballot papers;
- to observe voters` voting outside the voting
place;
- to observe counting the number of voters and
counting of ballot papers, canceled ballot papers;
- to require attaching observation results to
the protocol of the election commission;
- to review envelope to put ballot papers in,
each completed or uncompleted ballot paper under
conditions ensuring observation and at certain
distance in order to check the validity of vote
and be familiarized with protocols of election
commissions and other documents on the voting
results and electoral returns;
- to apply to the chairman of the Precinct Election
Commission (PEC), in his absence, to the person
substituting him about the comments and suggestions
related to the voting;
- get a copy, without payment, of documents
of election commissions, as well as protocols
on the voting results and electoral returns,
approved attachment documents compiled by election
commissions or received by them since commencement
of the work of election commissions on the voting
day and stamping ballot boxes up to reception
of protocols on the voting results by election
commissions; to make copies or buy additional
copies at the price defined by Central Election
Commission, be familiarized with the list of
persons participating at the voting;
- to observe the implementation of election
actions in all election commissions, determination
of voting results and electoral returns, compiling
of protocols on the voting results and electoral
returns, as well as re-counting of votes and
to take part in parallel counting of votes;
- to apply to the court on the decision of Central
Election Commission, activity or inactivity
of its officials;
- by warning the candidate, as well as political
parties or political party blocs that appointed
him/her, to refuse from his/her authorities
and return the card submitted to him on own
initiative at any time;
- other actions not prohibited by law.
3. Agents shall
be prohibited to do the following actions:
- usage of their posts and service positions
by agents having certain posts in state and
municipal bodies during election procedure;
- to impede implementation of authorities of
election commissioners on the voting day, to
force voters to vote for this or another candidate;
- to inquiry to the voter about how he/she voted
or will vote;
- to sign on getting ballot paper instead of
the voter with his/her own request;
- to complete the ballot paper with the request
of the voter;
- to act or call directed in support of this
or other candidate and political party
or that can be valued as their support;
- to interfere in the adoption of decisions
of relevant election commissions;
- to interfere the work of election commissions;
- to campaign among voters on the voting day;
- to reply to the questions of voters (excluding
questions related to his/her own status);
- the registration of the persons who don`t
meet the above-mentioned requirements shall
be canceled by the relevant court on the basis
of the apply of the election commission that
registered him/her;
- to do other actions prohibited by law.
4. Authorities
of the agents shall commence since their registration
by the relevant election commission and ends
not later than the day of official publication
of general electoral results, as well as if
the court investigation is held on the complaint
on violating Election Code, then not later than
the day of adoption of court`s decision and
by excluding the cases implied by Article 72.4
of Code when candidates, political parties or
political party blocs that agents represent
lose their status.
