Approved by Decision # 29/111
by Central Election Commission
of the Republic of Azerbaijan,
dated on June 14, 2006
INSTRUCTION
on the rules for collection of voters signatures in support of the candidate to municipality membership and submitting signature sheets and the documents to be attached to them to the Constituency Election Commission in Municipal Elections
The rules for the collection of voter signatures in support of the candidate to municipality membership (hereafter referred to as - candidate) and submitting them to the Constituency Election Commission (Con.EC) in Municipal Elections shall be regulated by Articles 56-58 and 215 of Election Code of the Republic of Azerbaijan (hereafter referred to as – Election Code) and the Instruction.
I. Collection of voter signatures in support of the candidate in Municipal Elections
1.1. The collection of voter signatures in support of the candidates nominated on their own initiatives, by voters initiative groups, political parties or political party blocs shall commence since the day of adopting the decision that approves the nomination of the candidacy by relevant election commission.
1.2. On the constituency, which the candidate was nominated on in his/her support:
- at least – 150 voter signatures in the area where the number of the population is more than 99.999 (from 100.000 up to 299.999) and the election of 19 municipality members is under consideration;
- at least – 100 voter signatures in the area where the number of the population is more than 49.999 (from 50.000 up to 99.999) and the election of 17 municipality members is under consideration;
- at least – 75 voter signatures in the area where the number of the population is more than 19.999 (from 20.000 up to 49.999) and the election of 15 municipality members is under consideration;
- at least – 50 voter signatures in the area where the number of the population is more than 9.999 (from 10.000 up to 19.999) and the election of 13 municipality members is under consideration;
- at least – 30 voter signatures in the area where the number of the population is more than 4.999 (from 5.000 up to 9.999) and the election of 11 municipality members is under consideration;
- at least – 15 voter signatures in the area where the number of the population is less than 4.999 and the election of 9, 7 and 5 municipality members is under consideration, shall be collected.
1.3. State bodies, municipalities, legal entities notwithstanding their property form, are prevented from participation in the collection of signatures. To sign in support of the candidate shall be voluntary. It shall be prohibited to make the voters to sign, prevent them from signing or award them for this in any way in the process of the collection of signatures. If the relevant court approves violation of this prohibition, then this may become basis for considering the collected signatures invalid and refusal from the registration of the candidate, at the same time, such actions can cause liability implied by Criminal Code of the Republic of Azerbaijan.
1.4. Every citizen of the Republic of Azerbaijan, having active suffrage and aged 18 on the voting day (including this day) shall have the right to sign in the signature sheet in support of the candidate. The voter can sign in support of several candidates nominated within the constituency where the voter lives.
1.5. Voter signatures can be collected by the citizen of the Republic of Azerbaijan, having active suffrage and aged 18. The candidate, political party, political party bloc can sign treaty with the person collecting voter signatures on the collection of voter signatures. The salary for this work can be paid from only election fund of the candidate, political party, political party bloc
1.6. While signing in the signature sheet, the voter shall indicate his/her surname, name, patronymic, date of birth, address of residence, serial number of ID card or its substitute document, date of its issue and date of sign. The information about the voter in the signature sheet can be completed by the person collecting signatures on the voter’s consent (excluding signature). The right to sign shall belong only to the voter. The mentioned information shall be written by hand and it shall be ensured not to disseminate them.
1.7. The followings are known as the document that approves the identification of the voter who signs in support of the candidate:
a) for civic persons:
- ID card of the citizen of the Republic of Azerbaijan;
- temporary ID card of the citizen of the Republic of Azerbaijan (form # 7);
- the card provided by State Committee on IDP Affairs and its local bodies (if there are not the above-mentioned documents that approve the fact on settling temporarily in that area);
b) for military men:
- military card of the soldier on real military service;
- officer’s personal card.
1.8. All information about the voter in the signature sheet shall be indicated in relevant columns.
1.9. Voter signatures can be collected in educational institutes, in residential places, as well as in other places where the conduct of pre-election campaign is not prohibited.
1.10. After the collection of signatures, the signature sheet shall e signed by the person collecting signatures and the candidate. Before putting hi/her sign in the signature sheet, the person collecting signatures shall indicate his/her surname, name, patronymic, serial number of ID card or its substitute document and date of issue and the candidate shall indicate his/her surname, name, patronymic and date of sign.
1.11. If the candidate is nominated by political party, political party bloc, then after the collection of signatures, the signature sheet shall be signed by the candidate, the person collecting signatures and the authorized representative of political party or political party bloc. Before putting hi/her sign in the signature sheet, the person collecting signatures shall indicate his/her surname, name, patronymic, address of residence, serial number of ID card or its substitute document and date of issue; the candidate shall indicate his/her surname, name, patronymic and date of sign and the relevant authorized representative shall indicate his/her surname, name, patronymic and date of sign.
1.12. The initiators of nominating the candidate, authorized representatives of the candidate, political party or political party bloc shall count the voter signatures collected in support of the nominated candidate, compile final protocol (Appendice # 1 made to Instruction) and sign it. 1.13. Signture sheets submitted to the Con.EC shall be numbered sequently and paged as enfolder if the signature sheets are more then one.
II. Submission of election documents for candidate registration
2.1. For the registration of the candidate, the authorized representative of the candidate or candidates, political party, political party bloc shall submit the following election documents to the Con.EC at most 105 days and at least 70 days up to the voting day, till 18.00:
2.1.1. signature sheets containing voter signatures in support of the candidate;
2.1.2. two copies of final protocol attached to the Instruction on the collection of voter signatures;
2.1.3. notification on the changes made in the information about the candidate in the candidate’s application on commitment (Articles 53.3 and 54.8 of Election Code);
2.1.4. information on the amount and sources of the candidate’s income which covers a year-period before the day of appointment of elections;
2.1.5. reference on annual sum of this income by the organizations which provided with the information on the income;
2.1.6. information on the property belonging to the candidate, compiled in the form pursuant to Appendice # 5 made to Election Code;
2.1.7. candidate’s preliminary financial report, by indicating the information on the allocations spent for the collection of voter signatures.
2.2. While submitting election documents to the relevant Con.EC for the candidate registration, bank document can be submitted on transference of voluntary registration deposit amounted 3% of high limit of election fund to the account of the commission. The cases of returning registration deposit by the election commission shall be defined by Article 60.5 of Election Code or Instruction “on transference and return of voluntary registration deposit for candidate registration in Municipal Elections”.
2.3. Relevant Con.EC shall receive signature sheets and the document sto be attached to them in period defined by item # 2.1 of the Instruction. Signature sheets and the document to be attached to them, submitted after that time, don’t form the legal result which is formed by relevant documents submitted in the period defined by law. The Con.EC shall make official this case by its decision.
2.4. While receiving election documents, the Con.EC shall approve each folder containing signature sheets by stamp, shall check the number of submitted signature sheets with the protocol on the results of collecting voter signatures, then shall provide with written reference (Appendice # 2 made to Instruction) on receipt of the documents by indicating the number of the received election documents, as well as signature sheets and signatures in signature sheets. The reference shall be signed by chairman and one of the members of the Con.EC, as well as by the person submitting documents and shall be approved by the Con.EC stamp. One copy of the reference shall be provided to the person submitting election documents.
