Approved by Decision10/49-1
dated on August 9, 2008 of the
Central Election Commission
of the Republic of Azerbaijan
INSTRUCTION
on the rules for the establishment of Constituency Election Commissions
1. General requirements for forming Constituency Election Commissions (Con.ECs) and rules for nominating candidates to membership of the commission
1.1. Con.ECs shall be arranged by the CEC at least 60 days up to the voting day.
1.2. The Con.EC shall consist of 9 members.
1.3. Candidacies of 3 members of the Con.EC shall be nominated by commissioners representing the political party at the CEC, deputies of which constitute majority in the Milli Majlis, candidacy of 3 members shall be nominated by the commissioners representing the political parties at the CEC, deputies of which constitute minority in the Milli Majlis, another members shall be nominated by the commissioners representing non-party deputies of the Milli Majlis at the CEC. Two of candidates to the Con.EC membership shall be agreed with the interested persons – a candidate shall be agreed with the commissioners representing the political party that constitute majority in the Milli Majlis and another candidate shall be agreed with commissioners representing the political parties, deputies of which constitute minority in the Milli Majlis.
2. Local organizations of relevant political parties can define candidates to the Con.EC membership and substituting members together with them pursuant to the charter of the political party and can submit to the commissioners representing political parties at the CEC. After the adoption of decisions by local organizations of political parties, the approved decisions, protocols and candidates’ applications on consent shall be sent to the CEC together with the apply and accordingly, shall be submitted to commissioners of the CEC, deputies of which constitute majority and minority in the Milli Majlis.
2.1. Candidates to the Con.EC membership can be offered to the CEC members representing non-party deputies of the Milli Majlis by voters (voters’ initiative groups).
2.2. For nominating candidate to the Con.EC membership on each constituency, voters’ initiative group consisting of 15 persons shall be established. In this aim, they should hold their own session. All members of the initiative group shall live within the relevant constituency. The voters intending to establish initiative group shall apply to the municipality leadership or local representation of executive authority on the region with a written application on the allocation of place for holding meting. Sessions of voters’ initiative group can be held on voters’ residences, as well as, in areas and buildings of other legal entities. After determining appropriate place, the voters intending to establish initiative group should be informed on the place and time of the session.
2.2.1. The following issues shall be discussed at the session:
2.2.2. establishment of voters’ initiative group;
2.2.3. nomination of candidate to the relevant Con.EC membership;
2.2.4. nomination of candidate to substituting membership of the Con.EC;
2.3. surname, name, patronymic, address of residence, serial number and date of issuance of ID card or its substitute document of each voter participating in the session should be indicated in the session minutes.
2.4. At the session, decision should be adopted on nomination of candidate to the Con.EC membership and substituting membership. The adopted decision and session minute shall be signed and approved by the head of session and secretary.
2.5. Session minutes and decision of the voters’ initiative group should be verified by the seal of the stamp of office, institution or organization when conducted there and by the stamp of communal services or municipality when conducted on residences of voters. Decision and session minute can be approved in the notary order, as well.
2.6. After adopting decision, the voters’ initiative group shall send the approved decision, session minute and candidates’ applications on consent to the CEC together with the apply. All candidates nominated on all constituencies shall be generalized at the CEC and submitted to the CEC commissioners representing non-party deputies.
2.7. Members of voters’ initiative groups and candidates to the Con.EC membership shall be independent.
2.8. Candidacy of the substituting members should be nominated under the same conditions together with the Con.EC members having decisive rights.
2.9. The following persons from the nominated candidates are not allowed to act as the Con.EC member:
2.9.1. initiators of establishing campaign groups on referendum, authorized representatives of candidates, registered candidates, political parties that nominated candidates, blocs of political parties, agents, observers, members of election commissions having consultative rights, as well as close relatives under subjection of candidates, registered candidates and pursuant to Code of Family of the Republic of Azerbaijan, husbands or wives, their close relatives (children, parents, brothers, sisters, grandchildren, grandparents);
2.9.2. elected persons and incumbents of state authorities and municipalities;
2.9.3. citizens of foreign states;
2.9.4. persons having verdict of guilty in force about them;
2.9.5. persons unable to act based on the enforced decision of the court about them or with limited ability of activity;
2.9.6. members of other election commissions;
2.9.7. members of political parties;
2.9.8. persons previously violated election legislation and dismissed from the composition of election commission by the decision of upper election commission;
2.9.9. persons whose violation of election legislation was approved by court decision;
2.9.10. persons under age 18.
3. The rule for appointing candidates to the Con.EC membership
3.1. Commissioners representing political parties that constitute majority and minority in the Milli Majlis, as well as non-party deputies at the CEC shall investigate the submitted documents, nominate their candidacies at the CEC when agreed and put under the session of CEC for the adoption of decision. At the result of discussing the issue at the CEC session, Commission shall adopt relevant decision on this.
3.2. Authorities of the Con.EC member shall commence since enforcement of the deicison on his/her appointment and limited by the term of office of the commission. The approved Con.EC member should be provided with the relevant card by the CEC.
