Approved by Decision # 30/118
by Central Election Commission
of the Republic of Azerbaijan,
dated on June 24, 2006
INSTRUCTION
on the rules for the observation of citizens of the Republic of Azerbaijan in Municipal Elections
1. The rules for observation by the citizen of the Republic of Azerbaijan during Municipal Elections shall be accordingly regulated by Articles 1.1.18-1.1.19 and 40-42 of Election Code of the Republic of Azerbaijan (hereafter referred to as – Election Code).
1.1. Each citizen of the Republic of Azerbaijan with active suffrage can conduct observation within the republic or in the territory of the constituency where he/she lives during Municipal Elections on his/her own initiative and the initiative of the registered candidate, political party, political party bloc, non-governmental organization that functions in the field of elections.
1.2. An application on the observation within the whole territory of the Republic of Azerbaijan (Appendice # 1 made to Instruction) shall be submitted to the Central Election Commission of the Republic of Azerbaijan (hereafter referred to as Central Election Commission) since the declaration of elections up to 10 days prior to the conduct of elections. The application should contain surname, name, patronymic, address of residence, serial number of ID card or its substitute document of the person intending to observe, if necessary, name of the candidate to municipality membership whose interests will be represented, name and legal address of non-governmental organization and political party, bloc of political parties. Two photos of 3X4 size should be attached to the application. Decision on each application should be adopted within 3 days since date of its submission. The conduct of observation can be rejected only if the information indicated in the application is not approved.
1.3. If the conduct of observation is allowed then the Central Election Commission should provide the observer with a badge (Appendices # 4-7 made to Instruction).
2. Application on the observation in the territory of the constituency (Appendice # 2 made to Instruction) shall be submitted to the relevant Constituency Election Commission (Con.EC) since the declaration of elections up to 5 days prior to the conduct of elections.
2.1. When the conduct of observation is allowed, the relevant Con.EC shall provide the observer with the badge prepared in the form defined by the Central Election Commission (Appendice # 8 made to Instruction).
2.2. If the election commission rejects the conduct of observation, then in the case of not ensuring the complaint from the election commission by the Central Election Commission, the complaint shall be submitted to the Appeal Court of the Republic of Azerbaijan.
2.3. Observers can observe the implementation of election actions in all election commissions, determination of voting results and electoral returns, compliance of the protocol on the voting results and general electoral returns, counting of votes or their re-counting. Observers can participate in the parallel counting of votes and observe sending the first copy of the protocol of Precinct Election Commission on voting results to Constituency Election Commission. Observation can commence since the day of declaration of elections and ends on the day of official publication of general electoral returns after considering all discussions related to elections in relevant courts.
2.4. To observe sessions of election commissions up to the voting day shall belong only to the observers who got specific permission by applying to Central Election Commission with an application (Appendice # 3 made to Instruction) to be registered for gaining this right at order defined by this Instruction and Article 40.13 of Election Code of the Republic of Azerbaijan. This right should be indicated in the badge (Appendices # 9-11 made to Instruction) provided by Central Election Commission. Each person implied by Article 1.1 of this Instruction shall have one observer separately for each election commission. Central Election Commission appoints them by drawing lots not being more than 10 persons in each election commission. Observers are not required specific permission to observe the session of the election commission on the voting day.
2.5. On the voting day list of the persons who are in the voting room and observe the conduct of election actions shall be implemented by the Secretary of the Precinct Election Commission (PEC).
3. Observers shall have equal rights and carry equal duties (excluding the observer got specific permission).
3.1. Observers shall have the following rights and duties indicated by Article 42 of the Election Code of the Republic of Azerbaijan:
- 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;
- to 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 re-counting of votes at relevant election commission;
- to observe sending of election documents to the Con.EC and Central Election Commission.
3.2. The observer shall be prohibited to do the following actions:
- to issue envelopes to put ballot papers in and ballot papers to the voters;
- 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 participate directly in the counting of ballot papers together with members of election commissions with decisive rights;
- to commit actions that hinder the activity of election commissions;
- to campaign among voters;
- 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 reply to the questions of voters (excluding questions related to his/her own status).
4. The registration of the observer who does not meet the above-mentioned requirements can be cancelled by the relevant court according to the appeal of
the election commission that has registered him/her.
4.1. When the observer submits his/her opinion on the observation results to the chairmen of Central Election Commission, Con.EC and PEC this opinion should be attached to the protocol on the voting results and electoral returns.
4.2. The observation can commence since the day of declaration of elections and end on the day of official publication of general electoral results after considering all arguments related to elections at relevant courts.
