. : ELECTION CODE OF THE REPUBLIC OF AZERBAIJAN

 



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.


Central Election Commission • Baku - Azerbaijan
AZ 1000 3 Rasul Rza
Tel/Fax: (994 12) 493 60 08 • E-mail: office@cec.gov.az
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