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Article 98. Voting
Room
98.1. Voting room shall be allocated to the Precinct
Election Commission by the relevant executive
body or municipality free of charge.
98.2. There must be a hall equipped with Ballot
boxes, voting compartments, table, stationery
and other specific equipment necessary for secret
ballot voting shall be placed (assembled) in the
voting room. Or there must be rooms useful for
secret ballot equipped with light, desk and writing
materials there.The ballot boxes, voting booths
compartments and other specific equipment shall
be located in such way that will not hamper actions
of the voters while voting.
98.3. Notice boards for displaying information
about candidates, rules for completing ballot
papers shall be located in the voting room in
the order determined by the Central Election Commission.
Notice board mentioned above mustshould be placed
so that voters can read the materials on it easily.
Samples of the ballot paper cannot contain names
of registered candidates (political parties and
blocks of political parties). Referendum ballot
papers cannot be marked. Information on criminal
and administration legislations, which impose
liability for violation of voters’ rights to elect,
mustshould be displayed on the notice board. If
a registered candidate has a sentence, which is
not served or cancelled, the information should
contain name and number of the relevant article
of the Criminal Code that was imposed on the candidate.
If a candidate has done an action, which imposes
criminal liability by the Criminal Code in the
other country he/she resides and is sentenced
by a court decision, which entered into force,
the name of the relevant law of the foreign country
must should be recorded as well.
98.4. Enlarged samples of protocol on results
of voting must should be displayed in the voting
room from the time the voting commences, for the
purposes of demonstrating the results of voting.
98.5. The voting room must should be located in
a place that Precinct Election Commission members
and observers can easily observe a place where
ballot papers shall be issued, voting compartments,
other places for voting and ballot boxes.
Article 99.
Election Ballot Papers
99.1. Rules for preparation, text and format of
election ballot papers (hereinafter – ballot paper),
their number and requirements for preparation
shall be approved by the Central Election Commission
at least 35 days prior to the voting day.
99.2. Surnames of candidates in the ballot paper
shall appear in the alphabetical order.
99.3. Each ballot paper must should be numbered
one-by-one and in sequence, in accordance with
the rule established by the Central Election Commission
and mustshould contain instructions on how to
complete it. The Number of the ballot shall be
indicated on its cut-off corner.
99.2. The ballot paper shall be printed in the
State language.
99.3.
99.4. Ballot papers shall be published on aby
decision of the Central Election Commission in
printing houses at least 10 days prior to the
voting date and under observation of members of
the Central Election Commission. The number of
prepared ballot papers can exceed the number of
voters registered in the relevant election constituencies
by at most 3%
99.5. The printing house shall ensure sorting
out of defected ballot papers from the usable
ones and submit the ballot papers to the authorized
representative of the Central Election Commission
according to the act containing indication of
their quantity, date and time of issuance and
numbers. Having submitted ballot papers in accordance
with the order, employees of the printing house
destroy defective and extra ballot papers and
draws up an act about this signed by all participants.
The members of the Central Election Commission
and persons indicated in Articles 40.2. and 40.4.
can oversee the execution of those actions. The
Central Election Commission should give information
to registered candidates and authorized representatives
of political parties, blocks of political parties
or referendum campaign groups about place and
time of distribution of ballot papers.
99.6. After receipt of ballot papers from the
printing house, at least 5 days prior to the voting
day, the Central Election Commission, in the presence
of the chairman and secretaries of Constituency
Election Commission, shall draw up an act containing
information about the number of ballot papers,
date and time of their issuance, and hand out
the ballot papers to the chairman. The Constituency
Election Commission shall submit the ballot papers
to Precinct Election Commissions in accordance
with established procedure at least 3 days prior
to the voting day. The number of ballot papers
given to Precinct Election Commissions cannot
be less than 90% or 0,5% more than the number
of voters included on the list of an election
precinct up to the day of submission of the ballot
papers. Ballot papers shall be counted by the
Precinct Election Commission and the number of
obtained ballot papers be verified by decision
of the Precinct Election Commission. If the number
of ballots to be issued does not coincide with
that of issued ballots, then the Constituency
Election Commission shall immediately be informed
about the matter. The top right corner of the
ballot papers is shall be verified by the seal
of Precinct Election Commission.
99.7. Chairpersons of election commissions that
submit, receive and protect ballot papers shall
bear responsibility for submission and storage
of the ballot papers.
99.8. In exceptional cases and if technical facilities
are available, in ships navigating on the voting
day and in election precincts organized outside
the Azerbaijan Republic, Precinct Election Commissions
shall be allowed to produce election documents,
including ballot papers, pursuant to Articles
35.4 and 35.6 of this Code. Decision on production
of election documents with indication of appropriate
circulation shall be made by a relevant Precinct
Election Commission on agreement with the Central
Election Commission.
99.9. After the end of voting time on the voting
day all unused ballot papers in the Constituency
Election Commission shall be cancelled and the
Constituency Election Commission shall draw an
act about this fact. Persons indicated in Articles
40.2. and 40.4 can participate at cancellation
of the ballot papers. Cancelled ballot papers
shall be stored in the secretariat of the commission
together with other documents.
99.10. If some candidates are withdrawn or their
registration is cancelled after the ballot papers
are produced, then following the decision of the
Central Election Commission the Constituency or
Precinct Election Commissions shall place on the
notice board of the Precinct Election Commission
the information about such candidates or political
parties, blocks of political parties from the
ballot papers, and the information on adding or
amending the information regarding the registered
candidate, political party or block of political
parties in the printed ballot paper.(?)
Article 100.
Voting Protocols of Election Commissions
100.1. Taking into consideration the Special Part
of this Code, the regulations for the preparation
of voting protocols of election commissions (hereinafter
– the protocols), as well as their text and layout,
quantity and preparation requirements shall be
approved by the Central Election Commission at
least 45 days before the Election Day.
100.2. The following information shall be included
in each protocol:
100.2.1. total number of voters in the voters
list;
100.2.2. number of voters who obtained de-registration
cards for voting;
100.2.3. quantity of ballots provided by the Constituency
Election Commission to the Precinct Election Commission
(by the Central Election Commission to the Constituency
Election Commission);
100.2.4. number of voters who received envelopes
for ballot papers;
100.2.5. number of voters who received ballot
papers
100.2.6. quantity of ballot papers and envelopes
for ballot papers issued to voters voted voting
outside the voting station;
100.2.7. number of voters voted with de-registration
cards for voting;
100.2.8. quantity of unused ballot papers;
100.2.9. quantity of cancelled ballots;
100.2.10. quantity of envelopes for ballot papers
in immovable ballot boxes (excluding the envelopes
of indeterminate form);
100.2.11. quantity of envelopes for ballot papers
in mobile ballot boxes (excluding the envelopes
of indeterminate form);
100.2.12. quantity of ballots in envelopes in
mobile ballot boxes (excluding ballots of indeterminate
form);
100.2.13. quantity of ballots in envelopes in
immovable ballot boxes (excluding the ballots
of indeterminate form);
100.2.14. quantity of valid votes;
100.2.15. quantity of invalidated votes (including
ballots which have uncertainty in various lines,
and unmarked ones);
100.2.16. quantity of spoilt ballots.;
100.2.17. date and time of completion of the protocol.
100.3. The protocols shall be produced in the
form of a booklet, which consists of 3 carbonized
copies (each copy of different color).
100.4. Corresponding to rules identified by the
Central Election Commission, each protocol shall
be enumerated in succession, and their serial
numbers shall be indicated appropriate to number
of election constituencies (except for protocols
of the Central Election Commission).
100.5. Protocols shall be published in the State
language.
100.6. According to a decision of the Central
Election Commission, the voting protocols shall
be published in printing institutions under the
observation of representatives of the Central
Election Commission, at least 30 days prior to
the Election Day.
100.7. The printing institution shall ensure sorting
out of defected spoilage (?) of the protocols
from the usable ones, and hand the protocols over
to an authorized representative of the Central
Election Commission on the basis of an act, that
indicates their quantity, date and time of issue.
After the protocols are handed over corresponding
to the order, staff of the printing institution
shall eliminate the spoilt printed protocols and
compile an act about the matter, approved by signatures
of all participants. Fulfillment of these procedures
can be observed by members of the Central Election
Commission and persons indicated in Articles 40.2.
and 40.4. of this Code. The Central Election Commission
shall inform the registered candidates and authorized
representatives of political parties, blocks of
political parties and referendum campaign groups
on place and date of issuance of the protocols.
100.8. After receiving the protocols from the
printing institution, the Central Election Commission
shall at least 20 days prior to the election day
draft an act in presence of chairperson and secretaries
of a relevant Constituency Election Commission,
which indicates the quantity of the protocols,
their serial and batch numbers and date and time
of issue, and provide the protocols to the Chairperson
of the Constituency Election Commission, taking
into account quantity of election precincts. The
Constituency Election Commission shall allocate
the protocols to the election precincts in the
mentioned order, at least 4 days prior to the
election day.
100.9. Chairpersons of election commissions, that
issue, accept and secure the ballot papers, shall
be responsible for issuance and keeping of the
protocols.
100.10. According to Articles 35.4 and 35.6 of
this Code, the Precinct Election Commissions shall
be allowed to produce the protocols in the exceptional
cases and if technical facilities are available,
in ships navigating on the voting day and in election
precincts organized outside the Azerbaijan Republic.
100.11. Copies of the election protocols shall
be produced at the same time with the election
protocols, and provided to election commissions.
Every single commission shall be provided with
30 copies of the protocol. No serial and batch
numbers shall be printed on copies of the protocols,
but be indicated in writing corresponding to the
relevant protocol, when filling in the copy of
the protocol. Copies of protocols and other documents
of election commissions submitted to the persons
mentioned in Articles 40.2. and 40.4 of this Code
can shall be verified by the chairperson or secretary
of an election commission upon their request.
In this case, the person shall write the words
“Matches with the original” on the copy of the
document to be verified, sign it (indicating the
serial and batch numbers), approve by the commission’s
stamp and indicate the date of approval. The persons
specified by Articles 40.2 and 40.4 of this Code
can obtain one verified copy of the protocol without
any payment, and an additional copy by paying
the fee determined by the Central Election Commission,
taking into account Article 42.1.82.9. of this
Code.
100.12. Protocols shall be completed and signed
by the members of the election commission with
decisive voting right, and be signed by at least
two thirds of the total members of the election
commission with decisive voting right. Any member
of the voting commission with decisive voting
right who disagree with the whole protocol or
its various parts shall enclose his/her special
opinion to the protocol, and relevant notes shall
be made in the protocol in this regard. The persons
specified by articles 40.2 and 40.4 of this Code
can observe the procedures of completion of protocols.
It is prohibited to complete the protocol by pencil
or to make any corrections on it.
Article 101.
De-registration Card for Voting
101.1. Requirements on form, rule of their preparation
of de-registration card for voting (hereinafter
– voting card), form and preparation of issuance
register shall be approved by the Central Election
Commission at least 60 days prior to the voting
day. The voting cards shall be produced in accordance
with rules established in Articles 99.2. and 99.5.
of this Code. Voting cards shall be issued by
superior election commissions to the lower election
commissions in accordance with rules set forth
in Article 99.6. of this Code. Chairpersons of
relevant election commissions shall be responsible
for issuance and storage of the voting cards.
101.2. A voter included on the voters list and
not having the possibility to vote in the election
precinct on the voting day, can get a voting card
in the relevant Constituency Election Commission
(45-25 days prior to the voting day) or in the
relevant Precinct Election Commission (24-3 days
prior to the voting day), and can vote on the
basis of the voting card in the election precinct
of the territory where he is on the voting day.
101.3. The voting card shall be issued to a voter
on his or her application by the relevant election
commission or to his representative on the basis
of power of attorney certified by a notary. Reasons
for receiving the voting card by the voter should
be indicated in the application. Within two days
after the application is submitted, the Precinct
Election Commission shall apply to the Constituency
Election Commission and clarify whether the voter
has obtained the voting card before or not. Issue
of more than one voter card to one voter is prohibited.
101.4. The Constituency Election Commission shall
draw up the voting cards register. Surname, name,
patronymic, date of birth, residential address
of the voters received the voting card should
be indicated in the register. 25 days prior to
the voting day, the Constituency Election Commission
shall send approved extracts from the register
together with the voters list to the Precinct
Election Commissions. Precinct election commission
can make corresponding notes in the voters list
based on the extracts.
101.5. A voter or his/her representative shall
sign in the register (Constituency Election Commission)
or in the voters list (Precinct Election Commission)
indicating serial and batch number of identification
or substitute document on receipt of the voting
card. In this case the cut-off corner of the voting
card shall be attached to either the register
or the voting list. On this ground the voter shall
not be taken into consideration when calculation
of the number of registered voters and not be
included in the relevant protocol.
101.6. The Precinct Election Commission shall
provide the Constituency Election Commission with
information on the given provided voting cards
immediately after the card is issued. The Constituency
Election Commission shall once in 2 days present
such information to the Central Election Commission.
101.7. The voting card should be verified by the
seal of the election commission issuing the card,
the signature of a member of the relevant constituency
or Precinct Election Commission should be on it.
101.8. Upon being presented by the voter for obtaining
a ballot paper, the voting card should be attached
to the voters list.
101.9. The voter shall indicate his/her residential
address in the de-registration card when receiving
a ballot paper on the voting day, and sign it.
101.10. The unused voting cards shall be cut in
two before the commencement of voting on the voting
day and the relevant act on this shall be drawn
up by constituency or Precinct Election Commission.
Based on this act, the number of voters who received
voting cards and those who voted with voting cards
shall be indicated in the protocol of the Precinct
Election Commission.
Article 102.
Envelope for Ballot Papers
102.1. Envelopes for ballot papers (hereinafter
– the envelope) shall be produced corresponding
to quantity of and at the same time with ballot
papers, and be allocated to relevant election
commission together with the ballot papers.
102.2. The format of envelopes, which is appropriate
to the parameters of ballot boxes, shall be presented
by the Central Election Commission upon approving
format of ballot papers.
102.3 If the ballot box is equipped with a scanner
with the purpose of providing information to the
State Automated Information System, a ballot paper
shall not be put into an envelope.
Article 103.
Ballot Boxes
103.1. Parameters of ballot boxes (for ballot
boxes, and separately for mobile ballot boxes)
shall be approved by the Central Election Commission.
103.2 Ballot boxes should be transparent. The
level of transparency of the boxes should allow
to determine whether they are full or not.
103.3 The slit for placing ballots into ballot
box shallshould not be impossibleallow to place
more than one envelope with ballot at the same.
103.4 Ballot boxes shall be sealed on the voting
day by the Precinct Election Commissions chairpersons
in the manner established by the Central Election
Commission. Seals should be plastic and have own
number each.
Article 104.
Rules for Voting
104.1. Voting shall be held from 08:00 till 19:00
on the voting day. The Precinct Election Commission
should inform the voters of the place and time
of voting at least 25 days prior to the voting
day via mass media or using notice boards.
104.2. Shall the total number of voters in the
settlement be less than 50, and more than 1 hour
is be needed to reach the nearest election commissions
from those settlements, the Constituency Election
Commission can use public transport means to deliver
the mentioned voters to the election precincts
where they are registered. Such transportation
expenses shall be paid from funds allocated by
the Central Election Commission to the Constituency
Election Commission.
104.3. If all voters being in the voters list
took part in the voting, Precinct Election Commissions
of election precincts organized in accordance
with Articles 35.4 and 35.6 of this can give information
about early completion of the voting.
104.4. If a voter ascertain that he/she will not
be able to go to the polling station on the voting
day because of health state or other good reasons,
he/she should directly or via some other person
inform the Precinct Election Commission either
orally or in writing at least 24 hours prior to
the voting day about his/her intention to vote
outside the voting room. If the intention is declared
orally, it shall be officialized by a relevant
application during the voting. Constituency Election
Commissions can issue permission to ships navigating
under the State Flag of the Azerbaijan Republic
and almost impassable distant places to hold the
voting not earlierat most than 10 days prior to
the voting day.
104.5. At 07:50 on the Voting Day the Chairperson
shall declare the election precinct open, shall
show empty ballot boxes to the members of the
election commission, to the voters being therepresent,
and to observers the empty ballot boxes, and seal
them;, then at 08:00 s/he shall invite the members
of the Precinct Election Commission to commence
announce the voting commenced.
104.6. A ballot paper shall be provided to a voter
upon presenting the voters card with his/her identification
or substitute document. Voters shall sign the
voters list on receipt of a After the voter receives
the ballot paper, and serial and batch number
of their his/her identification or substitute
document shall be recorded in the voters list.
Serial and batch number of their identification
or substitute document shall be entered in the
voters list by a member of the Precinct Election
Commission. The voter shall check correctness
of the records and sign upon receiving the ballot
paper. The person who issues ballot paper to voter
shall put a stamp indicating the voting date on
the voter’s card.The voter shall be issued an
envelope together with the ballot paper and the
envelope be stamped. If the voter has no opportunity
to receive a ballot paper independently, he/she
can use the help of other persons, except members
of Precinct Election Commission and observers.
The person who helps the voter should put down
his/her surname and initials and sign the column
“signature of voters on receipt of ballot paper”
in the voters list.
104.7. One of the Precinct Election Commission
members shall stand at the entrance of the election
precinct and check the voters cards, identification
cards or other identification documents of the
citizens entering the precinct.
104.8. On issuance of ballot paper a member of
Precinct Election Commission shall sign the numbered
left hatched corner of the ballot paper, cut it
along the cut-off line and keep it.
104.9. Every voter shall vote in person and alone.
To vote in place of other persons shall be is
prohibited. Ballot paper shall be marked in a
room or booth where nobody is authorized to enter
and equipped with special technical means for
the secret vote. A disabled voter, who is not
able to mark the ballot paper without assistance,
can invite any other person to the voting booth
or room, except members of Precinct Election Commission
and observers. The surname and initials of this
person shall be indicated together with the voter’s
signature on receipt of the ballot paper in the
voters list.
104.10. A voter shall place the marked ballot
paper in an envelope stamped by the seal of Precinct
Election Commission and drop it to the box considered
for voting.
104.11. Ballot boxes should be placed in the area
where members of the Precinct Election Commission
and observers can easily observe it.
104.12. The Chairperson of Precinct Election Commission
shall oversee the order in the voting place. His
directions are obligatory for persons in the voting
room. If the chairperson of the Precinct Election
Commission is out, his powers shall be assumed
by the secretary of the Precinct Election Commission
or any member of the commission charged for this
purpose.
104.13. A member of Precinct Election Commission
who attempts to influence a voter to express his
will or violates the secrecy of the vote shall
be dismissed from his position by compiling a
relevant act, and the person mentioned in Article
40.2. and 40.4 of this Code shall immediately
removed from the voting room. The Precinct Election
Commission shall take a decision on the case.
If the influenced voter has not voted yet, he/she
shall not be allowed to vote, his/her ballot being
withdrawn and invalidated.
104.14. No other person should be in election
precinct, except voters participating in the voting,
members of the Precinct Election Commission, and
persons mentioned in Article 40.2. and 40.4 of
this Code. State bodies’ officials shall not be
allowed to participate in the voting except the
cases when they participate in the voting as voters.
An official of the law enforcement authority can
be present in voting station if they preserve
the law and order there, if the chairperson of
the Precinct Election Commission invites them,
and they mustshould leave the voting station immediately
after they finish to perform their duties. Voting
shall be stopped, if an official from the law
enforcement authorities is in the voting room
during the voting process. Shall the order be
impossible to be restored for 6 hours during the
voting process, the voting station shall be closed
upon decision of the Constituency Election Commission.
Voting in such election precincts shall be considered
invalid.
104.15. If a voter realizes informs that he/she
has made an error in marking his/her ballot paper,
he/she can ask for a new ballot paper instead
of the spoilt one from the commission member who
issued the original ballot paper. In this case
the Precinct Election Commission member shall
cancels the spoiled ballot paper by cutting it
in the center, puts it in a separate envelope,
gives him/her a new ballot paper and makes the
necessary note to the right of the voters surname
on the voters list. A separate document shall
be iis immediately prepared recording this.
Article 105.
Voting Outside the Voting Room
105.1. The Precinct Election Commission should
create possibilities to all voters, including
those who cannot come to the voting room because
of the state of health. A mobile box for this
purpose should be available in election precinct.
105.2. The number of voters’ requests for voting
outside the voting room shall be verified by the
Constituency Election Commission, at least 2 days
before the voting day. The intention of a voter
to vote outside the voting room should be confirmed
again by his written application to be sent to
the Precinct Election Commission, in the presence
of not less than 2 members of the Precinct Election
Commissions, which represent various political
parties and non-partisans and observers. If a
voter did not make a written request for a mobile
ballot box, he/she should make an application
in the presence of Precinct Election Commission
members. The voter shall indicate that he received
ballot paper and verify it with his signature.
The person who issues ballot paper to voter shall
put a stamp indicating the voting date on the
voter’s card. In such case, serial and batch numbers
of the identification card or other substitute
document of the voter shall be indicated in the
application. The application should contain the
information about voters included in the voters
list.
105.3. The mobile ballot boxes shall be used only
on the voting day. Members of Precinct Election
Commission who accompany the mobile ballot box
should take the number of ballot papers equal
to the number of requests (applications) (3 ballot
papers shall be added to this number). The number
of used and returned ballot papers from voters
requesting a mobile ballot box mustshould be recorded
in a separate document. At the same time, the
voters voting using the mobile ballot box shall
be are marked on the voters list by a member of
the Precinct Election Commission. After the mobile
ballot box is returned by the Precinct Election
Commission members to the voting station, it shall
is not be opened until vote counting commences,
and its slit shall be closed and sealed.
105.4. The mobile ballot box voting must should
be organized so that there are no violations of
the voter’s right to vote or the requirements
for a secret ballot and not influencing the voter’s
choice.
Article 106.
Vote Counting in the Voting Station
106.1. When voting hours end, the Precinct Election
Commission chairperson shall announces loudly
that: “only the voters who have already received
ballot papers and those in the voting compartments
can vote.” In this case, voting only of the voters
standing in the voting room prior to the announcement
shall be ensured. Before opening the ballot box,
Precincts Election Commission members count and
cancel unused ballot papers in the presence of
observers in the voting station. The number of
unused ballot papers shall be is announced and
recorded in the final protocol of voting results.
The number of signatures of voters who have received
ballot papers and envelopes is shall be recorded
in the final protocol on results of voting. At
the same time, the number of voters voting with
a de-registration card and those voting outside
the voting room using mobile boxes, shall be recorded
in the final protocol. Then the Precinct Election
Commission chairperson shall examines the stamps
and seals of the ballot boxes, shows these to
the Precinct Election Commission members and observers,
and opens the ballot boxes.
106.2. Ballot boxes are opened one by one: first
the mobile ballot box, then the ballot box. Envelopes
in the mobile ballot box shall be counted first.
Their number mustshould not exceed the number
of requests. When counting ballots from the mobile
ballot box, if the number of envelopes with ballot
papers is more than the number of requests, then
all votes in the mobile ballot box shall be considered
to be invalid by decision of the Precinct Election
Commission. An act on this, which includes a list
of the surnames of the commission members that
accompanied the mobile ballot box, shall be attached
to the final protocol. When counting votes from
the immovable ballot box, if the total number
of envelopes with ballot papers is more than the
number the voted voters, then all the ballots
within the immovable ballot box shall be considered
invalid by decision of the Precinct Election Commission.
Number of voters who have voted with a voting
card shall be is added to the number of voters
who appear on the voters list of the precinct.
106.3. When opening the envelopes and counting
the votes, the votes shall be considered invalid
in the following cases:
106.3.1 if ballot paper within the envelope is
of an indeterminate form;
106.3.2 if there are several ballot papers within
the envelope;
106.3.3 if there is no ballot paper within the
envelope;
106.3.4 if there is an unmarked ballot paper within
the envelope;
106.3.5 if in accordance with Articles 10 and
236.3 of this Code, the voter’s will cannot be
determined from the ballot paper placed in envelope;
106.3.6 if a ballot paper is found not to be placed
in an envelope;
106.3.7 if an unstamped envelope is found.
106.4 If there are doubts about the validity of
a vote, the Precinct Election Commission shall
votes to determine if the vote is considered valid.
If a decision is made to consider the vote invalid,
the reasons for the decision shall be are recorded
on the reverse side of the ballot paper. Such
record mustshould be approved by the signatures
of chairperson and secretary of the Precinct Election
Commission. Invalid votes shall be packed separately.
106.5. Counting of votes by the Precinct Election
Commission chairperson, with the participation
of Precinct Election Commission members, shall
continues without a break until the count is finished.
During this period, every used ballot shall be
stamped. All Precinct Election Commission members
and observers shall be are advised of the results
of voting.
106.6. The final protocols on voting results shall
be completed in the voting station, with participation
of Precinct Election Commission members and in
the presence of the persons specified in Articles
40.2. and 40.4. of this Code, and is signed by
all Precinct Election Commission members with
decisive voting right after completing of protocol
is finalized.
106.7 First copy of the protocol together with
complaints (applications) about violations of
this law received by the Precinct Election Commission
and decisions made by the Precinct Election Commission
with respect to these complaints and applications,
an act on receipt of ballot papers by the Precinct
Election Commission, an act on canceling the unused
ballot papers (indicating the number of such ballots),
an act on issuing voting cards and on canceling
unused voting cards (recording their number),
an act the number of torn off left corners of
the ballot papers, an act on the number of spoiled
ballot papers mentioned in the Article 104.15
of this Code, along with packaged and stamped
envelopes, the act provided for in Article 105.3
of this code, the ballots and the voters list
for the precinct (together with voting cards attached)
shall immediately, but not later than 24 hours,
be sent to the Constituency Election Commission,
accompanied by the chairman the Precinct Election
Commission, two members representing different
political parties and observers. All documents
mentioned above should be signed by the chairperson
and secretaries of the Precinct Election Commission.
Verified copies of complaints (applications),
decisions of Precinct Election Commissions and
acts mentioned above shall be attached to the
2nd copy of the protocol.
106.8. The second copy of the protocol, the torn
off left corners of those ballot papers, the torn
off pieces of spoiled ballot papers as well as
with the list of persons mentioned in Article
40.2 and 40.4 of this Code who observed voting
and vote count shall be kept by the secretary
of the Precinct Election Commission until the
commission has finished its activities.
106.9. The Precinct Election Commission established
outside of the Republic of Azerbaijan shall send
the first copy of the protocol on voting results
together with the attached documents to the Constituency
Election Commission determined by the Central
Election Commission within 3 days starting from
the election day.
106.10. The Constituency or Precinct Election
Commission shall consider voting in the election
precinct ineffective, if the legal violations
occurred during conduct of elections (referendum)
or in course of identifying voting results do
not allow to identify the will of voters; or on
the basis oif there is a court decision.
106.11. After being compiled, the 3rd copy of
protocol of the Precinct Election Commission shall
be posted on the notice board, and kept there
for 5 days.
Article 107.
Completion of Protocols of a Constituency Election
Commission
107.1. The documents provided for in Article 106.7
of this Code shall be submitted to the Chairman
of the Constituency Election Commission. Instructed
by the Chairman of the Constituency Election Commission,
a member (members) of the Commission shall check
compliance of the submitted documents with requirements
of Article 106.7 of this Code, as well as presence
of inconsistencies in voting results. Voting results
shall then be entered in the final list of voting
results (election outcomes) for the Constituency.
A receipt signed and stamped by the Chairman of
the Constituency Election Commission, confirming
acceptance of documents of the Precinct Election
Commission, shall be given to the Chairman of
the Precinct Election Commission.
107.2. The protocols of Constituency Election
Commissions shall be completed within 2 days following
the voting day, on the basis of the integrated
information from protocols of Precinct Election
Commissions. Integration of the mentioned information
shall be carried out uninterruptedly.
107.3. Along with the items enlisted in Article
100.2 of this Code, the number of Precinct Election
Commissions and quantity of protocols submitted
by those commissions, as well as the number of
protocols taken as a basis for completion of protocol
of the Constituency Election Commission, number
of election precincts where voting failed and
number of voters participated in voting in the
constituency, shall also be indicated in protocol
of the Constituency Election Commission.
107.4. The first copy of the protocol of the Constituency
Election Commission together with complaints (applications)
about violations of this law on the voting day,
received by the Constituency Election Commission
and decisions made by the Constituency Election
Commission with respect to these complaints and
applications, an act on receipt of envelopes and
ballot papers by the Constituency Election Commission,
an act on canceling the unused envelopes and ballot
papers (recording the number of such cards and
attaching them), an act on issuing voting cards
and on canceling unused voting cards (recording
their number) shall without any delayimmediately,
but not later than 24 2 days from the Voting Day
hours be sent to the Central Election Commission,
accompanied by the Constituency Election Commission
Chairman and representatives of various political
parties. The mentioned acts shall be signed by
the chairperson and secretaries of the Constituency
Election Commission. Verified copies of complaints
(applications), decisions of Constituency Election
Commission and acts mentioned above shall be attached
to the 2nd copy of the protocol.
107.5. The 2nd copy of the protocol, along with
packaged and stamped ballots, the torn off left
corners of those ballot papers, as well as with
list of persons mentioned in Article 40.2 and
40.4 of this Code who observed voting and vote
count shall be kept by the secretary of the Precinct
Election Commission until the commission has finished
its activities.
107.6. Shall the Constituency Election Commission
reveal mistakes, inadmissible corrections and
inconsistencies in the protocol (including other
documents attached thereto) of a Precinct Election
Commission, the Constituency Election Commission
may can adopt a decision on the recount of votes
in the relevant election precinct. In this case,
the recount of votes shall be undertaken by the
members of the Constituency Election Commission
with decisive voting right. The relevant Precinct
Election Commission and the persons indicated
in Articles 40.2. and 40.4 of this Code shall
in advance be advised of the recount of votes.
A protocol shall be compiled on recount of votes
and the words “recount of votes” be recorded on
it.
107.7. The 3rd copy of protocol of the Constituency
Election Commission and copies of protocols of
relevant Precinct Election Commissions shall be
posted on the notice board, and kept there for
10 days.
Article 108.
Completion of Protocols of the Central Election
Commission
108.1. Provisions of Article 107.1 of this Code
shall be implemented when submitting the election
documents of the Constituency Election Commission
to the Central Election Commission.
108.2. The relevant protocols of the Central Election
Commission shall be completed on basis of the
integrated information from protocols of Constituency
Election Commissions. Integration of the mentioned
information shall be carried out uninterruptedly.
Central Election Commission shall not compile
protocols with regard to outcomes of Municipal
Elections or Elections to the Milli Majlis.The
Central Election Commission of the Republic of
Azerbaijan shall draw protocol on general outcomes
of elections to the Milli Majlis of the Republic
of Azerbaijan and to municipalities.
108.3. Complaints (applications) about violations
of this law on the voting day, received by the
Central Election Commission and decisions made
by the Central Election Commission with respect
to these complaints and applications, an act on
receipt of envelopes and ballot papers by the
Central Election Commission, an act on canceling
the unused envelopes and ballot papers (recording
their number), an act on issuing voting cards
and on canceling unused voting cards (recording
their number) shall be attached to the first copy
of the relevant protocol of the Central Election
Commission. The mentioned acts shall be signed
by the chairperson and secretaries of the Central
Election Commission. Verified copies of complaints
(applications), decisions of the Central Election
Commission and acts mentioned above shall be attached
to the 2nd copy of the protocol.
108.4. Shall the Central Election Commission within
at latest 7 4 days effective the voting day reveal
mistakes, inadmissible corrections and inconsistencies
in protocols (including other documents attached
thereto) submitted by the Constituency Election
Commissions, the Central Election Commission may
can adopt a decision on the recount of votes in
the relevant election constituency. In this case,
the recount of votes shall be undertaken in presence
of the members of the Central Election Commission
with decisive voting right. The persons indicated
in Articles 40.2. and 40.4 of this Code shall
in advance be advised of the recount of votes.
A protocol shall be compiled on the recount of
votes and the words “recount of votes” be recorded
on it.
108.5. The 3rd copy of protocol of the Central
Election Commission and copies of protocols of
Constituency Election Commissions shall be posted
on the notice board, and kept there for 15 days.
Article 109.
Publication of Results of Elections and Voting
109.1. Preliminary results of the elections (referendum)
shall be published by the Central Election Commission
as a schedule providing unified voting results
of constituency election commissions, within 2
days starting from the voting day, and such information
can be placed on the website of the Central Election
Commission.
109.2. The Central Election Commission shall within
45 days publish in the mass media means specified
in Article 77.2 of this Code, the whole information
from protocols of the Constituency Election Commissions,
and such information can be placed on the website
of the Central Election Commission.
109.3. Preliminary results of elections (referendum)
for a constituency should be published in form
of a schedule that integrates voting results for
election precincts and submitted to Central Election
Commission and mass media immediately, but not
later than 24 hours starting from the voting day.
109.4. The information from protocol on voting
results of the Precinct Election Commission shall
at latest 5 days after the voting day, and the
information on election outcomes (voting results)
from protocol of the Constituency Election Commission
– at latest 10 days after the Election Day, be
officially published in the mass media bodies
specified correspondingly in Articles 77.3 and
77.4 of this Code.
109.5. The Central Election Commission should
publish in its official publication the whole
information from protocols of Constituency and
Precinct Election Commissions, within 6 months
after the Election Day.
Article 110.
Use of State Automated Information Systems during
the Elections (Referendum)
110.1. The State Automated Information Systems
can be used completely or some of its technical
facilities for obtaining, transferring or redeveloping
information in time while conduct of elections
(referendum) (hereafter referred to as elections)
including voter registration, compilation of voters
lists, determination of voting results and election
returns. Requirements regarding the state automated
systems and rules for use of it shall be are determined
by the Central Election Commission.
110.2. The relevant election commission shall
creates a specific group comprised of members
of the election commission with decisive and consultative
voting right with the purposes of controlling
the use of State Automated Information Systems
or some of its technical facilities. This group
shall:
• checks if the complex of automated facilities
is ready for operation; if information from protocols
of election commissions entered the systems and
information added to the protocol is accurate;
• controls if requirements of this Code, instructions
of the Central Election Commission on use of the
State Automated Information Systems and its other
documents are observed and
• controls if documents about actions considered
for usage of information systems are completed
in accordance with time limits and plans of the
relevant election commission.
The controlling group can involve specialists
on automated information systems in its activities.
110.3. All members of the election commission,
observers and representatives of mass media shall
have the right to become familiar with any information
received by and extracted from the State Automated
Information Systems (taking into account provisions
of Article 32.3 of the Constitution of the Republic
of Azerbaijan).
110.4 Election commission members with decisive
and consultative voting rights who have been included
in the controlling group shall have equal rights.
They can:
• become familiar with any information transferred
to the election commission through technical communication
channels;
• demand explanation about technical documentation
of The State Automated Information System or about
all actions of the technical personnel of information
systems;
• compare information prepared by technical facilities
or in handwriting.
If any actions of the personnel of the State Automated
Information System contradict the law, the controlling
group shall informs the chairperson of the election
commission about this and proposes motions on
correction of those irregularities or on dismissal
of the persons who committed those irregularities.
Results of investigations held by the controlling
group mustshould be recorded in the current documents
of relevant election commissions.
110.5 The state automated systems shall be used
for observing the voting process and its results
by the relevant election commissions based on
information transferred by subordinate election
commissions to the superior election commission,
from the time voting commences including until
protocols on election returns and voting results
are signed. It shall be is prohibited to transfer
any information except for the signals confirmed
by the superior election commissions on receipt
of information from subordinate election commissions.
110.6 Information on voting process and results
of voting obtained from the State Automated Information
System shall be is considered a preliminary information,
which does not have legal importance.
110.7 Protocols of the election commission preserved
by the secretary of the election commission shall
be attached text of information entered into the
State Automated Information System, which will
be printed out through the computer. Accuracy
of information in a printed out paper shall be
verified by signature of a person who is responsible
for information and by members of the controlling
group.
110.8 Information on voter turnout, initial and
final results of voting, returns of elections
that are entered the State Automated Information
System mustshould be included in the information-communication
lines of common use for getting prompt information
by persons intending to have the information,
in conformity with the rules defined by the Central
Election Commission.
110.9 According to Article 32.3 of the Constitution
of the Republic of Azerbaijan, the State shall
ensure dissemination of information entered in
the State Automated Information System.
Article 111.
Security of Election Documents
111.1. Documents of Precinct Election Commissions
and Constituency Election Commissions regarding
conduct of elections (referendum) shall be kept
in a secured place.
111.2. Ballot papers and voting cards shall be
kept in the Constituency Election Commissions
for at least 6 months starting from the day of
official publication of election outcomes. Protocols
of voting results of election commissions shall
be kept by the Central Election Commission for
at least 1 year from the date official publication
of a decision on determination of the next elections.
Financial reports of election commissions, as
well as final financial documents of the registered
candidates, political parties and blocks of political
parties, referendum campaign groups shall be kept
by the Central Election Commission for at least
1 year from the date of official publication of
a decision on determination of the next elections
(referendum). Voters lists shall be kept by the
Central Election Commission for a period of 5
years.
111.3. The following shall be are considered to
be the official documents:
• ballot papers;
• voting cards;
• voters lists;
• protocols of election commissions on results
of voting and documents attached;
• financial reports of election commissions;
• final financial reports of registered candidates,
political parties and blocks of political parties,
referendum campaigning groups.
The chairperson and secretaries of the relevant
election commission shall be responsible for security
and storage of election documents until these
documents are transferred to the superior election
commission or to the State Archive.
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