Approved by Decision
#17/66
of the Central Election Commission
of the Republic of Azerbaijan
dated on July 21,
2005
INSTRUCTION
ON STATUS OF MEMBERS OF ELECTION COMMISSIONS
WITH
CONSULTATIVE RIGHTS
The status
of the commissioner with consultative right
who functions under an election commission shall
be determined by Election Code and this Instruction.
1. During elections, the registered candidate
and political parties or blocs of political
parties whose candidates have been registered
can appoint one member with consultative right
for a relevant election commission.
2. In more than 60 single-mandate constituencies,
political parties, political party blocs whose
candidates have been registered can appoint
one member with consultative right for each
election commission. The candidate registered
on single-mandate constituency can appoint member
with consultative right for the relevant Constituency
Election Commission (Con.EC) and each Precinct
Election Commission (PEC).
3. The following documents shall be submitted
to the relevant election commission to appoint
a member with consultative right for election
commissions:
3.1. written application on the appointment
of the member with consultative right The application
should contain the election commission appointed
for, surname, name, patronymic, date of birth,
main working or service place, position (if
not any, type of activity), address of residence,
serial number of ID card or its substitute document
(Appendices # 1 and 2 made to Instruction).
3.2. 2 photos sized 3X4;
4. The following documents shall be submitted
for relevant election commissions by political
parties, political party blocs:
4.1. relevant presentation based on the decision
on the appointment of the member with consultative
right adopted in the joint meeting, convention
and conference (Appendices # 3, 4, 5 and 6 made
to Instruction);
4.2. 2 photos sized 3X4.
Note: The above-mentioned documents shall be
submitted to relevant election commission by
the candidate registered on single-mandate constituency,
authorized representative of the candidate,
authorized representatives of political parties,
political party blocs whose candidates have
been registered.
The member with consultative right shall be
provided with the badge containing surname,
name, patronymic and photo that allow to determine
his/her status by the relevant election commission
pursuant to Article 40.15 of Election Code (Appendices
# 7, 8, 9, 10, 11 and 12 made to Instruction).
The member with consultative right shall have
this badge while being in the voting room on
the voting day.
5. The members with consultative rights nominated
by the registered candidates and political parties
or blocs of political parties whose candidates
have been registered, shall be approved by the
relevant election commission within 3 days and
this person shall be provided with the card
(Appendices # 13, 14, 15, 16, 17 and 18 made
to Instruction).
6. A member with consultative right of election
commissions shall have the following rights:
6.1. to be timely informed about sessions of
the relevant election commission;
6.2. to 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;
6.3. to ask questions to other participants
of the meeting of the election commission regarding
the issues in the agenda and get answers on
them;
6.4.to be familiarized with each election document
(including voters lists, ballots), election
documents of lower election commissions; obtain
copies of documents (except for voters lists,
ballot papers and voter cards); get familiarized
with documents that display information which
is not considered as a state, commercial or
other kind of secret by the law;
6.5. The member with consultative right shall
have the following rights as an observer:
6.5.1. to observe election procedure as an observer;
6.5.2. to be in the voting room of the relevant
precinct at any time on the voting day;
6.5.3. to observe providing voters with envelopes
to put ballot papers in and ballot papers;
6.5.4. to observe voters` voting outside the
voting place;
6.5.5. to observe counting the number of voters
and counting of ballot papers, canceled ballot
papers;
6.5.6. to require attaching observation results
to the protocol of the election commission;
6.5.7. 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;
6.5.8. 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;
6.5.9. 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;
6.5.10. 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;
6.6. to get the copy of final protocol of the
election commission;
6.7. to apply to the relevant upper election
commission and court or activity (inactivity)
of the election commission in the case defined
by Election Code of the Republic of Azerbaijan;
7. The member with consultative right of election
commission shall be prohibited to do the following
actions:
7.1. to provide with ballot papers and de-registration
cards for voting;
7.2. to participate directly in the counting
of ballot papers;
7.3. to cancel ballot papers and de-registration
cards for voting;
7.4. to compile the protocols on the voting
results and returns;
7.5. to vote while adopting decisions on the
authorities of election commissions;
7.6. to sign the decisions adopted by the relevant
election commission.
8. The member with consultative right of election
commission shall not be allowed to function
as the member with decisive right of the election
commission.
9. The member with consultative right of one
election commission shall not be the member
with consultative right of another election
commission at the same time.
10. Authorities of a member of election commission
with consultative right shall immediately be
terminated in the following cases:
10.1. when being a candidate for presidency,
deputy of the Milli Majlis or
for a member of municipality;
10.2. when being an elected member or official
of a state authorities or municipality;
10.3. when being deprived of citizenship of
the Republic of Azerbaijan, or being a citizen
of another country;
10.4. when accusatory court verdict about him/her
comes into force;
10.5. 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;
10.6. when violation of provisions of Article
17.6 of the Election Code of the Republic of
Azerbaijan is approved by a court decision.
Note: 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.
11. 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.
12. 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
dismisses this member with consultative right
to be called back in accordance with its own
considerations.
13. Authorities of a member of election commission
with consultative right shall be terminated
in 30 days after official announcement of overall
results of election, but if the upper 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 upper election
commission or the court adopts decision on the
issue of the complaint.
