Approved by Decision
9/39-4
dated on August 7, 2008 of the
Central Election Commission
of the Republic of Azerbaijan
Comment
On the rules for completing final protocol of Precinct Election Commission on the voting results during the Presidential Elections of the Republic of Azerbaijan
Rules for completing final protocol on the voting results in the polling station (Appendice # 1 made to this Instruction) shall be defined by Articles 100, 106 and 201 of the Election Code of the Republic of Azerbaijan (hereafter referred to as Election Code) as well as this Instruction.
Final protocol of the Precinct Election Commission (PEC) on the voting results shall be completed by the member of PEC with decisive voting right. Persons indicated in Article 40.2 and 40.4 (members of election commissions, registered candidates, their authorized representatives/agents, authorized representatives/agents of political party, bloc of political parties as well as citizens of the Republic of Azerbaijan and foreigners acting as observers) may observe the compiling of protocol.
Note: while completing the protocol, all information from each of the items shall be written separately, numbers shall be written in words and numbers. It is prohibited to complete the protocol by pencil or to make any corrections on it. Due to prohibition of making corrections on official protocol, a draft copy of it shall be completed first.
A protocol shall be completed according to following rules:
Item # 1 – the total number of voters within the PEC (1=1a+1b+1c-1d)
- the number of voters in the voter list;
- the number of voters in the additional voter list;
- the number of voters who voted with de-registration cards;
- the number of voters who obtained de-registration cards for voting.
The following are recorded in this Line in a consecutive order based on the confirming documents (permanent (temporary) and supplementary voters’ lists; de-registration cards attached to the voters’ list; ACT on issuance of de-registration cards which contains information of constituency election commission’s register):
Number of voters included in the voters’ list of the precinct election commission (1a);
Number of voters in the supplementary voters’ list whose suffrage was re-established on voting day due to the decision of the precinct election commission (1b);
Number of voters who are from other polling stations but voted with de-registration card in the polling station where the protocol was completed (1c); and
Total number of voters who obtained de-registration cards from the precinct election commission where the protocol is completed or from the constituency election commission that it subordinate of (1d).
The figure arrived after subtracting total of “a” ”b” and ”c” of this Line from “d” must be the same number as recorded in Line 1, and there must be a equality.
Item # 2 – the number of ballot papers submitted by ConEC to PEC (2=3+4+5)
This item includes the number of ballot papers submitted to the PEC by the act of the ConEC. This act should be the basis for entering these numbers.
The equation in the brackets (2=3+4+5), i.e. the indicator of item 3 (the number of voters accepting ballot papers), the item # 4 (the number of cancelled ballot papers without being used) and the item 5 (the number of spoiled ballot papers).
Item # 3 – the number of voters accepting ballot papers
- outside the voting room;
- (the number of signatures + number of voters who voted with de-registration card (1c) in permanent (or temporary) and additional voter lists) in voting room.
This semi-item includes the number of voters who voted outside the voting room of relevant PEC (3a) and the number of voters who accepted ballot papers in the voting room (3b). The sum of these numbers is a number of the item 3 and this number should be entered to the relevant line.
Item # 4 – the number of cancelled ballot paperswithout being used
Unused ballot papers are counted by the commissioners of the PEC by the observation of observers in the voting room before opening ballot boxes and are cancelled by cutting their right corner. An act shall be compiled after declaration of the number of these ballot papers. The cancelled ballot papers are collected and packed. An act on cancellation of unused ballot papers is compiled.
Item # 5 – the number of spoiled ballot papers
This item includes the number of spoiled ballot papers on the basis of relevant act (If the voter appeals to the PEC on the spoil of the ballot paper for any reason, the member of commission shall compile the relevant act and put in the envelope implied for this by cutting half the spoiled ballot paper).
Item # 6 – the number of ballot papers in ballot boxes (with the exception of undefined ballot papers*)(6≤3) (6=7+8)
- in portable ballot box (6a≤3a);
- in the stationary ballot box (6b≤3b)
The ballot boxes shall be opened one by one and the number of defined ballot papers in portable and stationary ballot boxes shall be included separately to the semi-item “a” and “b”. The sum of these numbers shall be included to the item # 6 and relevant equality should be observed between them. Ballot papers in the form approved by the Central Election Commission shall be numbered, the upper left corner should be cut and right corner be stamped. The numbers of semi-items 6a and 6b of the protocol should be equal to or less than the numbers of semi-items 3a and 3b of the protocol. According to the equality shown in brackets (6≤3), the figure of item # 6 should be equal to or less than the number of item # 3. According to the calculations shown in brackets (6=7+8), the figure of item # 6 should be equal to the sum of item # 7 (the number of votes considered invalid) and item # 8 (the number of votes considered valid).
Item # 7 – the number of votes considered invalid (the number of ballot papers in defined form that are not marked or if one voter voted in support of more than one candidate)
This item should indicate the number of ballot papers in defined form that are not filled out in accordance with the requirements of legislation
Item # 8 – the number of votes considered valid (the number of ballot papers in defined form that are filled out in accordance with the requirements of legislation) (8=9)
This item includes the number of ballot papers in defined form that are filled out in accordance with the requirements of legislation i.e. in the form approved by the Central Election Commission. Upper left corner of this ballot paper must be cut, right corner must be stamped and it must be voted for only 1 (one) candidate. In this case votes are considered valid. According to the equality shown in brackets (8=9) the figure of this item should be equal to the sum of item # 9 (the distribution of valid votes among candidates to presidency).
Item # 9 – the distribution of valid votes among candidates to presidency
This item contains surnames, names and patronymics of candidates to presidency included in the ballot paper in the order indicated in the ballot paper (in alphabetical order) and the number of votes cast in the favor of each candidate is indicated with words and figures. The distribution of valid votes among registered candidates shall be implemented on the basis of ballot papers indicated in item # 8 of the protocol. The total of votes shall be written at the end of the table and this figure shall be equal with the item # 8 of the protocol (the number of valid votes). If there is no equality, the protocol shall be considered invalid.
Date and time of compiling the protocol is indicated after full compiling.
Final protocol on the results of voting shall be signed by at least 2/3 of the members of precinct election commission with decisive voting right. It is prohibited for commissioners to sign protocols if they are not completed or not wholly completed. The commissioner with decisive right who does not agree with the protocol or its separate parts can add his/her own special opinion and the relevant note on this shall be indicated in the protocol.
The following election documents on election results shall be added to the final protocol of the PEC and shall be sent to the ConEC immediately but not later than 24 hours by accompany of commission chairman, two members representing different political parties and observers.
- copy of first protocol of PEC;
- complaints (applications) about violations of Election Code received by the PEC in election day and decisions made by the PEC with respect to these complaints and applications;
- an act on receipt of ballot papers by the PEC (Appendix # 2 made to this Comment);
- an act on cancelling the unused ballot papers (Appendix # 3 made to this Comment);
- an act on issuing voting cards and on cancelling unused voting cards (Appendix # 4 made to this Comment);
- an act on the number of torn off left corners of the ballot papers (Appendix # 5 made to this Comment);
- an act on the number of spoiled ballot papers with the errors made by voters (Appendix # 6 to this Comment);
- an act on the number of submitted on the basis of voters’ applications ballot papers that are used and ballot papers that are not used but returned by the voter in order to vote outside the voting room (Appendix # 7 made to this Comment)
- ballot papers;
- voter lists for election precinct (by adding voting cards);
The documents mentioned above shall be signed by the chairman and secretaries of PEC.
The approved copies of complaints (applications), decisions of PEC and documents mentioned above shall be attached to the second copy of protocol.
* An act on the number of undefined ballot papers shall be prepared and added to the final protocol on voting results
