Approved by Decision # 22/146
of the Central Election Commission
of the Republic of Azerbaijan
dated on October 07, 2004
COMMENT
on the rule for completing final protocol of the Precinct Election Commission on the counting of votes and voting results in Municipal Elections of the Republic of Azerbaijan
(with appendices and amendments approved by Decision # 30/120 by Central Election Commission, dated on June 24, 2006)
After finishing the 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 237 of the Election Code of the Republic of Azerbaijan (hereafter referred to as –Election Code) and this Comment.
While compiling protocol, each information of the item shall be indicated separately, numbers shall be written in words and figures. One shall not be allowed to write the protocol by pencil and make some any amendments in it. As it is prohibited to make amendments in the official protocol, firstly, its d r a f t copy shall be compiled. The information in the items # 1, 1 “a”, 2-4 and 7 of the protocol shall be written before the ballot boxes are opened. But, the information in the item # 1 “b”, 5 and 6 shall be written in any case before the ballot boxes are 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 does not agree with a whole protocol or its separate parts shall attach his own opinion to the protocol and relevant note shall be made on it in the protocol. Compiling of 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 following information shall be included in the protocol:
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. The 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 # 1.
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 and having been 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.
As in the equitation in the brackets (4=5+6+7), i.e., 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 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 item # 5 should be 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 the item.
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 gathered and closed separately.
Item # 7 of the protocol – number of spoilt ballot papers
If the voter applies to PEC about the spoil of ballot papers because of any reason, the commission should compile relevant act and by cancelling 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 importable ballot boxes.
While opening portable and importable 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 or ballot paper with the mark put for candidates in larger number than the number of municipality members; 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 in or with the mark put for candidates in larger number than the number of municipality members 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 form approved 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 inside 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 box;
b) in importable ballot box (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 form approved 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 not be included to the semi-item “a” and number of such ballot papers from the importable ballot papers shall not 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 importable 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 include the number of ballot papers from the ballot boxes and ballot papers in the unstamped envelopes(excluding ballot papers not in the form defined 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 to municipality membership
In this item of the protocol, surname, name and patronymic of the candidate to municipality membership 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 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 and this figure shall be equal or more than the number of valid votes indicated in the item # 9 of the protocol. Otherwise, the protocol shall be considered invalid.
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 shall be 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 shall not sign the protocol.
The following election documents attached to the final protocol pursuant to the Article 106.7 of the Election Code of the Republic of Azerbaijan shall be submitted to the Con.EC:
First copy of the 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 ballot papers by the PECs (Appendice # 1), act on the cancel of unused ballot papers (Appendice # 2), act on providing with voting cards and cancel of unused voting cards (Appendice # 3), act on the number of cut left corners of the ballot papers (Appendice # 4), act on the number of ballot papers spoilt by the voters’ mistake (Appendice # 5), 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 being used (Appendice # 6), act on the number of unused envelopes on the voting day (Appendice # 7), with the attachments of closed stamped envelopes, ballot papers and voters list on the PEC (by attaching voting cards), should be sent to the Constituency Election Commission by the accompany of the chairman of the PEC and members representing different political parties immediately, but not later than 24 hours. 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.
The Chairman of the PEC that submitted the documents shall be provided with Reference “on the submission of final election documents to the Con.EC by the PEC in Municipal Elections of the Republic of Azerbaijan” (Appendice # 8) by the Con.EC.
