Approved by Decision 2/9-1
dated on January 22, 2009 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 in referendum

Rules for completing final protocol on the voting results Precinct Election (Referendum) Commission (hereafter referred to as Precinct Election Commission) (Appendix # 1 made to this Instruction) shall be defined by Articles 106 and 136 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, authorized representatives/agents of registered referendum campaign groups, their authorized representatives/agents of political party, bloc of political parties as well as citizens of the Republic of Azerbaijan who got the status of observer and international 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 d r a f t copy of it shall be completed first. The information in the items # 1-6 of the protocol shall be written before opening the ballot boxes.

A protocol shall be completed according to following rules:

Item # 1 - the total number of voters in voters' lists on the precinct
(1=1a+1b)

The item # 1 shall include the number of voters included in the voters' list of the precinct election commission (1a) and the 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) (based on the relevant approving documents (permanent or temporary) and additional voters' lists). At the same time, the sum of the figures in semi-items # 1a and 1b shall form the number indicated in item # 1 and there should be relevant equation.

Item # 2 - the number of voters who got de-registration card

This item includes the number of voters included in permanent (or temporary) voters' lists, but who got de-registration cards within the period defined by law.

Item # 3 - the number of ballot papers submitted by ConEC to PEC

(3=4+5+6)

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 (3=4+5+6) , i.e. the figure of item shall form the sum of item # 4 (the number of voters accepting ballot papers), the item # 5 (the number of cancelled ballot papers without being used) and the item 6 (the number of spoilt ballot papers).

Item # 4 - the number of voters accepting ballot papers

a) outside the voting room;
b) in the voting room - based on voters' lists (permanent or temporary (and the number of signatures in additional voters' lists))
c) in the voting room - with de-registration card.

This semi-items include the number of voters who got ballo papers outside the voting room of relevant PEC (4a), the number of voters who accepted ballot papers in the voting room based on the voters' lists (4b) and who got ballot papers with de-registration cards (4c). The sum of these figures is a number of the item 4 and this number should be entered to the relevant line.

Item # 5 - the number of cancelled ballot papers without 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. The number of these ballot papers shall be declared and indicated in the final protocol (the cancelled ballot papers are separately collected and packed. An act on cancellation of unused ballot papers is compiled).

Item # 6 - the number of spoilt ballot papers

This item includes the number of spoilt 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 spoilt ballot paper).

Item # 7 - the number of ballot papers in ballot boxes (with the exception of undefined ballot papers*)

(7=7a+7b)  (7 ≤ 4)

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 in the item # 7 and relevant equality should be observed between them. The figure in semi-item # 7a shall be less or equal to the figure in semi-item # 4a and the figure in semi-item # 7b shall be less or equal to the sum of the figures in semi-items # 4b and 4c.  According to the equality shown in brackets (7≤4), the figure of item # 7 should be equal to or less than the number of item # 4.
Note: Ballot papers in defined form mean the ballot papers in the form approved by the Central Election Commission, numbered, the upper left corner should be cut and right corner be stamped.

Item # 8 - results of vote counting on the referendum draft put in popular vote

This item should indicate the number of votes cast for or against any issue put in referendum, as well as 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 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 PEC commissioner who does not agree with the protocol or its separate parts can add his/her own special opinion to the protocol by signing it and the relevant note on this shall be indicated in the protocol.
The following election documents shall be added to the final protocol on the voting  results of the PEC and shall be sent to the ConEC immediately but not later than 24 hours by accompany of the PEC chairman, two members representing different political parties and observers.
 1) first copy of PEC protocol;
2) complaints (applications) about violations of Election Code received by the PEC on the voting day and decisions made by the PEC with respect to these complaints and applications;
3) an act on receipt of ballot papers by the PEC (Appendix # 2 made to this Comment);
 4) an act on canceling the unused ballot papers (Appendix # 3 made to this Comment);
 5) an act on issuing voting cards and on canceling unused voting cards (Appendix # 4 made to this Comment);
 6) an act on the number of torn off left corners of the ballot papers (Appendix # 5 made to this Comment);
 7) an act on the number of spoilt ballot papers with the errors made by voters (Appendix # 6 to this Comment);
 8) an act on the number of ballot papers submitted on the basis of voters' applications 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)
 9) ballot papers;
10) voter lists on election precinct (by adding voting cards).