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Article 61.
Meaning of campaign group on referendum.
Campaign groups on referendum shall be are the
organizations established by the citizens of the
Azerbaijan Republic having active election rights
with the reason of conducting a campaign for or
against the issues to be discussed at a referendum.
Article 62.
Activity Principles of Campaign Groups on Referendum.
62.1. The campaign groups on referendum taking
part in a referendum campaign should follow the
following conditions, along with provisions of
Article 2.6 of this Code:
62.1.1. To respect the right of other referendum
campaign groups to freely and independently express
their views during the referendum campaign;
62.1.2. Not to prevent other referendum campaign
groups from establishing independent communication
with voters;
62.1.3 To respect legally approved results of
referendum, to submit every single complaint regarding
the referendum to authorized bodies and to follow
the decision regarding this complaint of the same
body;
Article 63.
Initiators of Establishing of Campaign Groups
on Referendum.
63.1. The initiators of establishing of a campaign
group on referendum, which are no less than two
thousand (2000), shall submit a written notification
to Central Election Commission.
63.2. The notification shall be is submitted to
the Constituency Election Commission which is
situated in territory inhabited majority of initiators,
if the number of the initiators of establishing
a campaign group on referendum is more than 500
and less than 2000.
63.3. The following details of each initiator
should be mentioned in the notification:
• Surname, name, surname, father’s namepatronymic,
• Date of birth
• Address
• The serial and number, as well as the date of
issue of the ID or substitute document
• Permanent work or service place
• Rank (if no rank – type of activity)
The list of the authorized representatives of
the initiators of establishing of campaign group
on referendum is shall be attached to the notification.
The notification shall be of informative nature
and no decision regarding the notification is
required from the relevant election commission.
63.4. Within 5 days the relevant election commission
shall give written information to the initiators
about the received notification.
Article 64.
The Authorized Representatives of the Initiators
(Campaign Group) of Establishing of Campaign Group
on Referendum
64.1. The initiators of establishing a campaign
group on referendum can appoint an authorized
representative (representatives) in order to organize
the collection of the required signatures and
with the purpose of conducting other actions provided
for in this Code, on behalf of the initiators
of establishing the campaign group on referendum.
The number of the authorized representatives of
campaign groups on referendum, which are registered
in the Central Election Commission, mustshould
not be more than 25 persons. But the number of
the authorized representatives of campaign groups
on referendum, which are registered in Constituency
Election Commission, mustshould not be more than
5 persons.
64.2. After the registration of a campaign group,
the authorized representatives of the campaign
groups on referendum, mentioned in Article 64.1
of this Code, can maintain preserve their authorities
of authorized representatives of the campaign
group on referendum according to the decision
of an the initiative group on referendum.
64.3. The appointment of the authorized representative
of a campaign group on referendum shall be is
conducted by the way of giving Power of Attorney
approved by a notary office to a relevant person.
That Power of Attorney mustshould be given on
behalf of all initiators of campaign groups on
referendum.
64.4. The authorized representative of a campaign
group on referendum shall carry out his/her functions
based on the Power of Attorney provided for in
Article 64.3 of this Code, describing his/her
authorities, name, surname, father’s namepatronymic,
date of birth, serial and number of ID, work place,
duty or service job ((official duty) if no duty
- type of activity). The authorized representative
on finance shall carry out his functions on the
basis of the Power of Attorney provided for in
Article 64.3 of this Code, that provides also
includes the samples of financial documents and
stamps. The Power of Attorney is shall be considered
valid upon submission along with the identification
document or a substitute document.
64.5 The lists of the authorized representatives,
which are appointed by a campaign group on referendum,
shall be are submitted to the election commission
that registered same group. The following information
about the authorized representatives mustshould
be mentioned in the list of authorized representatives
of a campaign group on referendum:
• Name, surname, father’s namepatronymic,
• Date of birth,
• Serial and batch number and issue date of ID
or a substitute document,
• Home address,
• Place of work or duty (if no duty – type of
activity)
• Telephone number.
The written consent application of being an authorized
representative for each person should be attached
to the relevant list submitted to the relevant
election commission.
64.6. It shall be is possible to put an end to
the authorities of a representative by informing
him of the decision of a campaign group on referendum
in written form. The copy of this decision should
be sent to the election commission and the Constituency
Election Commissions, which registered this group.
The members of a campaign group on referendum
shall accept this decision with the majority of
members voting and sign it. In such case the referendum
campaign group can appoint another authorized
representative.
64.7. The term of power of the authorized representatives
of a campaign group on referendum shall begins
from their appointed time and finishes no later
than the day of official publication of the results
of referendum.
Article 65.
Collection Rule of Voters Signatures for Establishing
of a Campaign Group on Referendum
65.1. Signatures for creation of a referendum
campaign group shall be collected and officialized
in accordance with Article 57 of this Code. Signature
sheets shall be prepared in conformity with Appendix
4 of this Code.
65.2. If the initiators establishing a campaign
group on referendum intend to conduct a pre-referendum
campaign in all territory of Azerbaijan Republic,
they shall have to collect a minimum of 40 thousand
voters signatures about the agreement to membership
in campaign group on referendum from the territory
of at least 60 election constituencies. In this
case the number of the potential members of a
campaign group on referendum cannot be less than
100 persons from one election constituency.
65.3. If the initiators establishing a campaign
group on referendum intend to conduct a pre-referendum
campaign in one part of the territory of Azerbaijan
Republic, they shall have to collect a minimum
of 100 voters signatures of the membership in
the campaign group on referendum, in the territory
of every single election constituency, which is
provided to conduct pre-referendum campaign.
65.4. According to his will, the voter shall haves
a right to sign only once to the membership in
a campaign group on referendum.
65.5 After the collection of signatures, the signature
sheet shall be is signed by the authorized representative
of initiators of a campaign group on referendum
and a person who collected the signatures. Before
signing the signature sheet, the signature collector
shall write down his name, surname, patronymic,
home address, serial and batch number and issue
date of ID or a substitute document.
Article 66.
Submission of Documents for Registration of a
Campaign Group on Referendum.
66.1. If the signatures necessary for registration
of a referendum campaign group have been collected
in one or more than one constituency’s territory
in accordance with Article 65.3 of this Code,
the documents mentioned in Article 66.2 of this
Code shall be submitted to relevant Constituency
Election Commission on the territory where the
majority part of these signatures were collected;
the initiators establishing the campaign groups
on referendum, who collected voter signatures
as mentioned in the article 65.2 of this Code,
shall submit the documents to Central Election
Commission, as mentioned Article 66.2 of this
Code.
66.2. The authorized representative of the campaign
group on referendum shall haves to submit the
following documents to the relevant election commission
before 18:00 75 days prior to the election day
for the registration of the referendum campaign
group:
66.2.1. Signature sheets with the collected signatures;
66.2.2. Two copies of protocol compiled in the
form determined by Central Election Commission
about results of collection of voter signature;
66.2.3. The initial finance report of the initiators
of establishing the campaign group on referendum
(including information about the expenses spent
for collection of voters signatures)
66.3. Upon accepting documents, election commissions
shall verify each folder by affixing a stamp.
Then election commissions shall check the conformity
of the quantity of signature sheets with protocols
on results of the collection of voters’ signatures.
Then, election commissions shall provide authorized
representatives of initiators of establishing
of a campaign group on referendum with written
notification of acceptance of election documents
and with an indication of the numbers of signatures
sheets and announced the numbers of signatories
signatures therein and time of acceptance. If
relevant documents submitted by these persons
to the relevant election commission before expired
time as mentioned in Article 66.2 of this Code,
the acceptance of these cannot be refused and
there will not be any restriction for the entrance
of authorized representative of initiators of
campaign group on referendum to the relevant building
(room).
66.4. Registration of a campaign group on referendum
shall be is conducted after submission of voters’
signatures to the relevant election commission.
Article 67.
Examination of Voter Signatures Required for Registration
of Campaign Groups on Referendum.
The examination of required voter signatures for
registration of campaign groups on referendum
shall be is carried out according to the rules
of Article 59 of this Code.
Article 68.
Registration of Campaign Group on Referendum.
68.1. The relevant election commission has toshould
make a decision on registration or refusal of
registration of a campaign group on referendum
after receiving signature sheets and other required
documents for the registration of campaign group
on referendum within 10 days. The date and time
is shall be indicated on in the decision of on
registration or refusal of registration.
68.2. The relevant election commission has toshould
submit the copy of the decision on registration
of a campaign group on referendum after acceptance
of decision within 1 day to the authorized representatives
of initiators of establishing of the campaign
group on referendum and if there is a refusal
of registration the reasons mustshould be clarified.
The following can be reasons for the refusal:
68.2.1. Violation of the rules on collecting signatures
determined by this Code;
68.2.2. Incorrect formalizing and lack of documents
mentioned in Articles 63, 65, 66.2 and 66.3 of
this Code.
68.2.3. If number of submitted valid signatures
of voters in support of the registration of campaign
groups on referendum is less than required;
68.2.4. If the rule for the creation of finance
funds of campaign group on referendum and expenditure
rule of that fund have been violated (such grounds
can be implemented only if a warning has been
made before with regard to such violation and
a penalty is imposed);
68.2.5. Violations on the requirements of the
Article 55 of this Code by the authorized representatives
of initiators of campaign group on referendum
(such grounds can be implemented only if a warning
has been made before with regard to such violation
and a penalty is imposed – such violation does
not impose any other liability).
68.3. When the cases indicated in Article 68.2
of this Code, are taken as a basis for adoption
of a decision on refusal from registration, the
decision should be proportional to the made mistake
(shortcoming, violation).
68.4. Due to reasons provided for in Articles
68.2.2. and 68.2.4. of this Code, if the mistakes
and errors in the relevant documents can be eliminated
through corrections made by the authorized representative
of a referendum campaign group, then the relevant
election commission shall notifyies the authorized
representative about it within the period of 2
days, and after such correction is made, the referendum
campaign group is be registered.
68.5. If there are signs of legal violation, which
can be subject to criminal and administrative
liability, the election commission shall transfer
relevant document and materials to law enforcement
bodies to investigate the case and institute proceedings
against these persons being guilty in violation
of this Code.
68.6. The card of registration is shall be issued
to each registered authorized representative of
the campaign group on referendum. The Central
Election Commission shall submits the information
about registered campaign groups on referendum
to mass media, within 48 hours after registration.
The Constituency Election Commissions shall display
the information about campaign groups on referendum
on special notice boards, in accordance withspecified
in Article 98.3 of this Code, in the rooms of
the election commission at least 15 days before
the voting day.
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