Approved by Decision
9/39-5
dated on August 7, 2008 of the
Central Election Commission
of the Republic of Azerbaijan
COMMENT
on the rule for completing final protocol of the Constituency Election Commission on the voting results in Presidential Elections of the Republic of Azerbaijan
The rule for completing final protocol on the voting results compiled by Constituency Election Commissions (Con.ECs) (Appendix # 1 made to Comment) in Presidential Elections of the Republic of Azerbaijan shall be defined by Articles 100, 107 and 202 of Election Code of the Republic of Azerbaijan (hereafter referred to as Election Code), as well as by this Comment.
After Chairman and two members of the Precinct Election Commission (PEC) representing various political parties provide Chairman of the Con.EC with the first copy of the final protocol of the PEC on the voting results and other election documents attached to it, the commissioners of the Con.EC shall examine if the submitted documents meet requirements of Article 106.7 of the Election Code and if there is any incompatibility in the voting results. Afterwards, the information on the voting results shall be included in the final tabulation on the voting results.
Con.EC protocol shall be compiled based on the generalization of all information included in the PEC protocol after 2 days since the voting day. Generalization of the above-mentioned information shall be conducted incessantly.
Note: while compiling protocol, the information of each item should be written separately, the numbers should be indicated in words and figures. It shall not be allowed to write the protocol by pencil and make some any amendments in it. As it is prohibited to make amendments in the official protocol, firstly, its draft copy shall be compiled.
While compiling final protocol of the Con.EC on the voting results, the following items should be completed in succession after the line “The Con.EC has generalized all information included in the PEC protocols on the voting results and determined voting results on the constituency”.
The line “Number of Precinct Election Commissions (PEC) on the constituency” should contain the number of the precincts on the relevant constituency and newly established.
“Number of protocols submitted by PECs” should contain the number of protocols submitted by other PECs excluding precincts where the voting was invalid.
The line “Number of PEC protocols adopted as basis for compiling Con.EC protocol” should contain the number of protocols received by precincts where the voting was valid (excluding protocols submitted by PECs where the voting results were invalid).
The line “Number of precincts where the voting results were considered invalid” should contain the number of precincts where the voting was valid, but the results were considered invalid.
The line “Number of precincts where the voting was invalid” should contain the number of precincts where the voting was invalid because of natural calamities, other inevitable events, as well as if law violations committed during determination of the voting results and conduct of elections doesn’t allow voters to define their will or final protocol isn’t compiled by court decision.
Item # 1 of the protocol – General number of voters on the constituency
(1=1a+1b+1c-1ch)
a) number of voters in voters list;
b) number of voters included in supplementary voters’ list;
c) number of voters who voted with the de-registration cards.
ch) number of the voters who got de-registration cards.
Sum of the figures in semi-items # “a”, “b”, “c”,”ch” of the first item of the PEC protocols should be indicated in relevant semi-items of the first item of the protocol. Sum of these figures should be equal to the figure in the first item of this protocol and this figure should be written at the relevant column. As in the calculation of the brackets (1=1a+1b+1c-1ch), after deducting the figure in “ch” semi-item from the sum of the figures in “a”, “b” and “c” semi-items of this item, the remainder number should be equal to the number indicated in the first item and there should be relevant equality.
Item # 2 of the protocol – number of ballot papers provided to PEC by the Con.EC
(2=3+4+5)
Sum of the figures in the item # 2 of PEC protocols should be indicated in this item. This figure should be equal to the number of ballot papers given to PECs by the Con.EC, by compiling relevant act (if while compiling Con.EC protocol, protocols received from the precincts of constituencies were taken as basis).
As in the equitation in the brackets (2=3+4+5), the figure in this item should be equal to the sum of figures in items # 3 (the number of the voters who got ballot papers), # 4 (the number of the ballot papers canceled without having been used) and # 5 (the number of the spoilt ballot papers).
Item # 3 of the protocol – the number of the voters who got ballot papers
1.outside of the voting rooms;
2.in the voting rooms (permanent or temporary) and the number of the signatures included in supplementary voters’ lists + the number of the voters who voted with de-registration cards (1c).
Sum of the figures in “a” and “b” semi-items of the item # 3 of PEC protocols should be indicated in relevant semi-items of item # 3 of the protocol. Sum of these figures should be equal to the figure in item # 3 of the protocol and this figure should be written in the relevant column.
Item # 4 of the protocol – number of ballot papers canceled without having been used
This item should include the sum of figures in item # 4 of PEC protocols.
Item # 5 of the protocol – number of spoilt ballot papers
This item should contain the sum of figures in item # 5 of PEC protocol.
Item # 6 of the protocol – number of ballot papers not in ballot boxes (excluding those not in the defined form) (6≤3)(6=7+8)
a) in portable ballot boxes (6a≤3a);
b) in stationary ballot boxes (6b≤3b).
Relevant semi-items of item # 6 of the protocol should contain the sum of figures in semi-items “a” and “b” of this item of the PEC protocol. The sum of these figures should make figure of item # 6 of the protocol and this figure should be written at relevant column. Figures in semi-items 6a and 6b should be less than or equal to the sum of figures in semi-items # 3a and 3b. As in small equation in brackets (6≤3), item # 6should be less than or equal to figure in item # 3. As in the calculation in the brackets (6=7+8),the figure of item # 6 should be equal to the sum of figures in item # 7 (number of invalid votes) and item # 8 (number of valid votes).
Item # 7 of the protocol – number of invalid votes (number of ballot papers without any mark on them or ballot papers in the defined form with vote for more than one candidate in).
Sum of figures in the item # 7 of PEC protocols should be indicated in this item.
Item # 8 of the protocol – number of valid votes (number of ballot papers in the defined form completed legally).(8=9)
1.This item of the Con.EC should contain the sum of figures in the item # 8 of PEC protocols.
Item # 9 of the protocol – distribution of valid votes among candidates to presidency.
In this item of the protocol, surname, name and patronymic of the candidate to presidency included in the ballot paper should be written in succession as in the ballot paper, in alphabetical order by considering the requirements of Article 201.2.1 of the Election Code of the Republic of Azerbaijan and the number of votes cast for each candidate should be indicated in words and figures. Sum of votes cast for each candidate in the PEC protocol should be indicated in words and in figures in the column for the number of votes cast for this candidate of the Con.EC protoc item # 8 (sum of valid votes). If there is not equation in this number, then the protocol shall be considered invalid.
Compiling date and time of the protocol should be indicated after the whole completion of the protocol.
Final protocol on the voting results shall be signed by at least 2/3 of the Con.EC members having decisive rights. It should be prohibited to sign the protocol incomplete or not fully completed protocols. Con.EC member who does not agree with the protocol in whole or its separate parts can attach to it his/her specific opinion by signing the protocol. At this time, the protocol should contain relevant note on this.
Pursuant to Article 107.4 of Election Code, the following election documents should be attached to final protocol of the Con.EC on the voting results and immediately, but not later than 2 days since the voting day, should be sent to Central Election Commission under the accompany of the Con.EC Chairman and two members representing various political parties:
1.first copy of the Con.EC protocol;
2.complaints (applications)related to the violation of the Election Code, entered the Con.EC on the voting day and decisions concerning these adopted by the Con.EC;
3.act on receiving ballot papers by the Con.EC (Appendix # 2);
4.act on the cancel of the unused ballot papers (by indicating the number of such ballot papers)(Appendix # 3);
5.act on the issuance of voting cards and cancel of unused voting cards (by indicating the number of such cards)(Appendix # 4)
The above-mentioned acts should be signed by the Con.EC chairman and secretaries.
Approved copies of the complaints (applications), Con.EC decisions and the above-mentioned acts should be attached to the second copy of the protocol.
The ballot papers not in the defined form taken out of ballot boxes shall counted and an act should be made on this, this act should be attached to the final protocol on voting results.
