Approved by Decision
# 32/151
of the Central Election Commission
of the Republic of Azerbaijan
dated on October 5, 2005
INSTRUCTION
on the working rule for the Precinct Election
Commissions on the voting day
1. The Instruction
determines rules for the organization of voting
by Precinct Election Commission (PEC) in the
precinct and outside it on the voting day pursuant
to Articles 98, 99, 104 and 105 of Election
Code of the Republic of Azerbaijan (hereafter
referred to as Election Code).
2. The voting on the Election Day to the Milli
Majlis of the Republic of Azerbaijan shall be
conducted since 8.00 a.m. till 19.00 p.m. The
working time of the PEC shall commence since
7.00 and continue up to compiling of the protocol
on the voting results and submission of relevant
documents to the Constituency Election Commission
(Con.EC.
2.1. Before the commence of the voting the PEC
first shall check the information (information
materials about candidates and badges that are
samples of completed ballot papers, protocol
samples on voting results), equipment in the
voting room, as well as ballot boxes and voting
booth, table and chairs, watch to define time,
alternative energy sources (lanterns, candles,
etc.), stamps of PEC, stamp determining voting
day, calculators, scissors, writing equipment
whether they are in their place or not and takes
necessary measures to prevent the discovered
shortcomings. PEC Chairman shall place ballot
boxes, voting booth and other special equipment
so that to ensure facilities for the persons
having right to be in the precinct at this time
to act and for voters to vote under comfortable
condition. Ballot box shall be placed in the
place that is well seen for observation.
2.2. By leading the work of the PEC, PEC Chairman
shall organize the implementation of authorities
of the commission determined by legislation
and conduct work distribution among commissioners.
2.2.1. One of the PEC commissioners shall meet
the voters coming to the precinct with respect
and after inspecting their ID cards or other
identity documents and voter card, shall offer
them to approach the information badge where
the information about candidates, information
about rules for completing ballot papers and
enlarged protocol samples on voting results
are hanged and to approach the table where commissioners
sit after being familiarized with the relevant
information there. (If the voter does not bring
voter card, ID card or its substitute document
with himself/herself, then the commissioner
shall explain to him/her about impossibility
of voting without these documents and shall
recommend to him/her to bring relevant documents
to the PEC. If it is founded that the voter
did not bring voter card, then he shall advice
him/her to approach the commissioner investigating
this issue).
2.2.2. Another of the commissioners shall find
surname, name and patronymic of another voter
and after being sure of compatibility of the
information included there with voter card,
ID card or its substitute document, shall recommend
to get ballot paper and envelope from the third
commissioner sitting near him/her.
2.2.3. This commissioner shall provide the voter
with ballot paper upper left corner of which
is cut and envelope stamped there and the voter
shall be offered to sign in the voters list
that is in the hands of another commissioner,
rules for completing ballot paper shall be explained
to him/her at the same time and the voter card
shall be stamped with the seal indicating the
voting day.
2.2.4. The other one of the commissioners shall
control placing of ballot boxes in place determined
by law, attendance of only one voter in the
voting booth in order to ensure secrecy of voting
and by putting the ballot paper in the envelope
to cast it in ballot box by voters.
2.2.5. Secretary of election commission shall
sit near the commissioner to who the voter list
belongs and this commissioner shall have the
copy of the voters list. At the same time, secretary
shall compile list of international and domestic
observers, investigate the possibility of providing
the voter not having voter card berceuse of
this or another reason, but whose name has been
included in the voters list with voter card
and distribute cards to the persons to be provided
with voter cards by requesting to sign in the
register. By the decision of the Court and by
informing Constituency Election Commission (Con.EC),
one can apply for taking relevant measures on
distributing voter cards to the voters not having
voter cards because of other reasons (when the
card is spoilt, lost, etc.) and whose names
have been included in the voters list.
2.3. PEC Chairman can make changes in the work
distribution.
2.4. PEC commissioners shall be sure of staying
of only the persons implied by law (the list
of these persons shall be prepared), ensuring
of the security of the voting room, pulling
the unnecessary things and pre-election campaign
materials out of the voting room and being in
place of necessary materials and forms.
2.5. PEC Chairman shall control the observance
of rules in the voting place. At the same time,
he shall control observance of Article 40.15
of Election Code by other persons acting pursuant
to Election Code in the voting room (The persons
implied by Article 40.2 of Election Code, representatives
of mass media shall have the badge in the form
defined by Central Election Commission, which
indicates the status, surname, name, patronymic,
position and photo of this person). Orders of
PEC shall be obligatory for the persons being
in the voting room. In the absence of the PEC
Chairman in the precinct, PEC Secretary or the
commissioner charged with this post shall substitute
him/her.
2.6. On the voting day, before the commence
of the voting, unused de-registration cards
shall be counted, canceled by being cut half,
put in separate envelopes and relevant act shall
be compiled on this. The information indicated
in this act is the legal base for including
in the protocol on the voting result.
2.7. Before the commence of the voting, PEC
commissioners shall count the ballot papers
by the observation of the persons having right
to this, inspect previous stamping of each of
them by PEC (after getting ballot papers from
the Con.EC pursuant to Article 99.6 of Election
Code, upper right corner of their front side
shall be verified by the stamp of the PEC) and
an act shall be compiled on this.
2.8. Receiving and protecting PEC Chairmen carry
responsibility for preserving ballot papers.
Ballot papers and envelopes shall be preserved
in secure place up to submitting to the relevant
commissioners.
3. At 7.50 PEC Chairman shall declare the precinct
open, after showing empty ballot boxes to commissioners
and at this time to the persons having right
to this (members of election commissions having
consultative rights, registered candidates,
their authorized representatives and agents,
observers, authorized representatives and agents
of political parties, political party blocs,
representatives of mass media and international
observers) and locking them, shall inform PEC
commissioners about the commence of the voting
at 8.00 and at this time, shall invite voters
being in the precinct to vote.
3.1. After locking ballot boxes, an act shall
be compiled by noting numbers on locks and unused
locks.
3.2. Ballot boxes shall be placed in places
where PEC commissioners and observers can observe
without interference.
3.3. Attendance of officials of state bodies
and policemen voting rooms shall be prohibited
excluding the cases of their voting as voters.
3.4. On Election Day, policemen can be invited
to the precinct by the chairman of the commission
by the decision of PEC in order to restore the
public order. After restoring public order,
they shall immediately leave the precinct and
shall implement their service duties at least
at 100 meters distance from the building where
PEC is located. If the restoration of public
order during the voting was not possible during
more than 6 hours, then the precinct shall be
closed by the decision of the Con.EC and the
voting shall be considered invalid on this precinct.
3.5. In order to vote, the voter shall get ballot
paper after submitting voter card together with
ID card or its substitute document to the PEC
commissioner and serial number of his/her ID
card (or its substitute document) shall be written
on the voters list by the PEC commissioner.
ID card shall be stamped by the seal indicating
voting day. While providing the voter with ballot
paper, its numbered left corner shall be cut
on cut line by the PEC commissioner and he/she
shall preserve it. The voter shall be given
previously stamped ballot paper (pursuant to
Article 99.6 of Election Code) together with
an envelope and only the envelope shall be sealed.
3.6. The voter shall check the accuracy of writings
and while getting ballot paper shall sign in
the voters list. Each voter shall vote freely,
independently and secretly. During the voting,
the voter unable to get ballot paper independently
or complete it, can invite any persons he/she
wants to the voting booth for help except the
PEC commissioners, observers and the persons
implied by item #3 of the Instruction. Initial
and surname of this person shall be indicated
together with the sign of the voter in the voters
list on getting ballot paper.
3.7. If the voter did not get voter card up
to the voting day because of this or another
reason, then on this day before the voting,
this card shall be submitted to the voter in
the case defined by the relevant Instruction
adopted by Central Election Commission of the
Republic of Azerbaijan (Approved by Decision
# 5/12 dated on March 29, 2005).
If the distribution of voter cards written for
the voters whose names have been included in
the voters list was impossible, then by preserving
these cards in the precinct up to the voting
day, they shall be provided to the voters in
the case defined by the above-mentioned Instruction.
It is requested to take activities for ensuring
providence of the voters included in the voters
list by the court decision and by informing
the relevant Con.EC about them. When the voter
card is spoilt or lost, the Con.EC shall provide
the voter with new voter card in accordance
with the written application of the voter.
3.8. Citizens having active suffrage who lost
their sight shall vote via stencil forms specially
prepared for them (Brile alphabet).
3.9. Ballot paper shall be completed in the
cabinet furnished with special equipment for
secret voting and where no one can enter (except
the persons for assistance implied by the item
# 3.6 of the Instruction). The voter shall put
the ballot paper in the envelope stamped by
the PEC and cast it in the ballot box considered
for voting.
3.10. If the voter applies to the PEC commissioner
who provided ballot paper to him on making mistakes
while completing the ballot paper, then this
voter can be provided with new ballot paper
instead of the spoilt one. In this case, the
commissioner shall cancel the ballot paper by
cutting it half, put it in the envelope, give
a new ballot paper to the voter and make relevant
notes on the right side of voter’s surname in
the voters list. A separate act shall be immediately
compiled on this.
4. The PEC commissioner who wanted to influence
the voter to express his/her will or broke secret
voting shall be dismissed by compiling relevant
act and the person indicated by Articles 40.2
and 40.4 of Election Code shall be taken out
of the room without delay. The PEC shall adopt
decision on this. In the case of not following
the order to leave the precinct, then the PEC
Chairman can invite police pursuant to item
# 3.4 of the Instruction. If the voter subjected
to influence could not vote, his/her voting
shall be prohibited and the ballot paper shall
be take back from him/her and considered invalid.
The PEC shall adopt relevant decision on this.
4.1. The PEC Chairman shall declare the number
of voters participated in the voting in every
3 hours and shall inform the Con.EC on this.
4.2. The PEC shall ensure all facilities for
all voters, as well as the voters unable to
come to the voting room because of their health
to participate in the voting. In this aim, one
mobile ballot box shall be in each precinct.
5. Appeals of the voters on the voting outside
the voting room shall be approved by the Con.EC
at least 2 days prior to the voting day.
In order to ensure the participation of the
voter outside the precinct, the intend of the
voter to vote outside the voting room shall
be approved via the written application sent
to the PEC when 2 members of the PEC who represent
different political parties, or independents
and political parties come near the voter by
the participation of observers. If the voter
did not express his/her intend to vote outside
the voting room in written for, then he/she
shall write an application near the PEC commissioners.
The voter shall note about getting ballot paper
and envelope and approve it via his/her signature.
At this time, the application should contain
serial number of ID card or its substitute document.
The application should contain the information
included in the voters list.
Furthermore, if according to his/her previous
investigation the PEC Chairman discovers that
the voter has not been provided with voter card,
by being compiled for this person at the Con.EC
the voter card preserved at the PEC shall be
provided to the commissioner accompanying the
mobile ballot box and the person got the card
shall sign the relevant act compiled on this.
The commissioner asks the voter to sign in the
Appendice made to the register (this appendice
is attached to the register book) signed and
stamped by Chairman and secretary, brings back
the voter card with himself/herself and provides
it to its owner after putting the stamp indicating
the voting day.
5.1. The PEC commissioners accompanying the
mobile ballot boxes shall get the ballot papers
and sealed envelopes in appropriate number with
the applications (appeals). 3 ballot papers
and stamped envelope shall be added to this
number and these remaining ballot papers shall
be used when the ballot paper is spoilt. In
this case, an act shall be compiled on the spoil
of the ballot paper. At the same time, if the
envelope is spoilt, an act shall be compiled
on this, too.
The number of the ballot papers used and returned
without being used related to the applications
of voters and stamped envelopes shall be indicated
in the separately compiled act. The PEC commissioner
shall indicate the voting of the voter outside
of the precinct in the voters list, as well.
After returning the mobile ballot box to the
voting room, they shall not be opened till counting
of votes and their cracks shall be locked.
5.2. Outside of the voting room the voting shall
be organized so that there should not be law
violations on citizens` suffrage, secret voting
and free expression of the voter`s will.
5.3. At 19.00 the PEC Chairman shall declare
the end of the voting, at the same time, shall
order to the relevant commissioner not to let
the other persons to enter the voting room as
their voting time is ended except the persons
who got ballot papers and stay in turns in the
voting room. Afterwards, only the voters staying
in the voting room shall implement the voting.
Before opening ballot boxes, unused ballot boxes
shall be counted and canceled by the PEC commissioners
under observation of the observers in the voting
room. The number of these ballot papers shall
be declared, an act shall be compiled on this
and canceled ballot paper shall be added to
the act. The information included in the act
shall be indicated in the protocol while compiling
it. Afterwards, ballot boxes shall be opened
in turn: firstly, mobile ballot boxes, then
stationary ballot boxes.
5.4. When opening ballot boxes, an act shall
be compiled by indicating the number of their
locks and numbers and shall be put in separate
envelope.
5.5. The locks considered for ballot boxes,
but unused ones shall be counted, their numbers
shall be written down, collected in an envelope,
this envelope shall be sealed and relevant act
shall be compiled on this.
5.6. Counting of votes shall be conducted without
a break by the PEC Chairman by the participation
of the PEC commissioners till ending of the
voting. At this time, each used ballot paper
shall be stamped. If the vote validity is suspicious,
then the PEC shall settle the issue by voting.
If a decision is adopted on invalidity of the
vote, then the reasons of considering invalid
shall be indicated on the back side of the ballot
paper. Such notes shall be approved by signatures
of the PEC Chairman and Secretaries. Back sides
of these ballot papers shall be stamped. At
the same time, “Invalid” word shall be written
on the back side of all of the used and invalid
ballot papers and shall be stamped. All PEC
commissioners and observers shall be made familiar
with the voting results.
5.7. After the end of the voting, parallel counting
of votes shall be ensured in the precinct.
5.8. Rules for counting of votes and completing
of the final protocol shall be regulated by
Articles 100, 106 of Election Code of the Republic
of Azerbaijan, as well as Comment “on rules
for counting of votes and completing of the
PEC protocol on results on Elections to the
Milli Majlis of the Republic of Azerbaijan”
approved by Central Election Commission of the
Republic of Azerbaijan.
Note: Documents
sent to the Con.EC shall be compiled and submitted
pursuant to requirements of Comment “on rules
for counting of votes and completing of the
PEC protocol on results on Elections to the
Milli Majlis of the Republic of Azerbaijan”.
Till the end of the activity of the commission,
the PEC Secretary shall preserve complaints
(applications), decisions adopted by PEC, acts
sent to the Con.EC (act on getting ballot papers,
act on the cancel of unused ballot papers (by
indicating the number of such ballot papers)),
act on the distribution of voting cards and
cancel of unused voting cards (by indicating
the number of these cards), act on the number
of the ballot papers spoilt by the voters, separately
compiled act on the number of closed and stamped
envelopes, ballot papers used taken by mobile
ballot boxes and returned without being used,
the approved copies attached to the second copy
of the protocol, second copy of the protocol,
cut left corners of ballot papers, cuts of the
spoilt ballot papers, acts implied by Articles
5.4 and 5.5 of the Instruction and locks stamped
and put in the envelopes, lists of the persons
who observe the voting and counting of votes
and those implied by Articles 40.2 and 40.4
of Election Code (Appendice # 1 made to the
Instruction).