Approved by Decision10/49-2
dated on August 9, 2008 of the
Central Election Commission
of the Republic of Azerbaijan
INSTRUCTION
on the rules for the establishment of Precinct Election Commissions
1. General requirements for forming Precinct Election Commissions (PECs) and rules for nominating candidates to membership of the commission
1.1.PECs shall be arranged by the relevant Constituency Election Commission (PEC) at least 40 days up to the voting day.
1.2. The PEC shall consist of 6 members.
1.3. Candidacies of 2 members of the PEC shall be nominated by commissioners representing the political party at the CEC, deputies of which constitute majority in the Milli Majlis, candidacy of 2 members shall be nominated by the commissioners representing the political parties at the CEC, deputies of which constitute minority in the Milli Majlis, another 2 members shall be nominated by the commissioners representing non-party deputies of the Milli Majlis at the Con.EC.
2. Local organizations of relevant political parties can define candidates to the PEC 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 Con.EC. 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 relevant Con.EC together with the apply and accordingly, shall be submitted to commissioners of the Con.EC, deputies of which constitute majority and minority in the Milli Majlis.
2.1. Candidates to the PEC membership can be offered to the Con.EC members representing non-party deputies of the Milli Majlis by voters (voters’ initiative groups).
2.2. For nominating candidate to the PEC membership on each precinct, voters’ initiative group consisting of 10 persons shall be established. In this aim, they should hold their own session. All members of the initiative group shall live within the relevant precinct. 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 PEC membership;
2.2.4. nomination of candidate to substituting membership of the PEC;
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 PEC 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.
2.6. After adopting decision, the voters’ initiative group shall send the approved decision, session minute and candidates’ applications on consent to the Con.EC together with the apply. All candidates nominated on all precincts shall be generalized and submitted to the Con.EC commissioners representing non-party deputies.
2.7. Members of voters’ initiative groups and candidates to the PEC membership shall be independent.
2.8. Candidacy of the substituting members should be nominated under the same conditions together with the PEC members having decisive rights. All candidates shall be citizens of the Republic of Azerbaijan permanently living within the relevant constituency. Not more than 2 members of the PEC can be in municipal service.
2.9. The following persons from the nominated candidates are not allowed to act as the PEC 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 PEC membership
3.1. Commissioners representing political parties that constitute majority and minority in the Milli Majlis, as well as non-party deputies at the Con.EC shall investigate the submitted documents, nominate their candidacies at the Con.EC when agreed and put under the session of Con.EC for the adoption of decision. At the result of discussing the issue at the Con.EC session, commission shall adopt relevant decision on this.
3.2. Authorities of the PEC member shall commence since enforcement of the decision on his/her appointment and limited by the term of office of the commission. The approved PEC member should be provided with the relevant card by the Con.EC.