Article 17. Principles of Election (Referendum) Bodies’ Activity
17.1 Elections and referenda in the Republic of Azerbaijan shall be organized and held by election (referendum) commissions.
17.2 Within the authorities established by this Code, election (referendum) bodies – election (referendum) commissions shall ensure the preparation and holding of elections (referendum), determination of voting results and election (referendum) outcomes, realization and protection of citizens’ suffrage, and control the observation of the mentioned rights.
17.3 Within the boundaries of the authority established by this Code, the election (referendum) commissions shall not depend on State bodies, municipal institutions, political parties, non-government organizations and other public organizations, other legal entities and physical persons with regard to preparation and holding of elections (referendum); and they and their officials be not allowed to intervene in the activity of election (referendum) commissions. Persons intervening in or influencing the work of election (referendum) commissions shall bear administrative or criminal liability, in accordance with the Criminal Code or the Code of Administrative Offences.
17.4 Decisions and acts adopted by election (referendum) commissions within their authorities established by this Code shall be obligatory for state bodies, municipalities functioning within the relevant territory, candidates, registered candidates, political parties, non-governmental organizations, other public organizations, referendum campaign groups, officials and voters. Decisions of superior election commissions shall be obligatory for lower election commissions.
17.5 Within the authorities established by this Code, the election (referendum) commissions shall have the right to use the State Automated Information System with the purpose to inform the voters about the course of preparation and holding of the elections (referenda), its results, to obtain, collect, complete, re-process, transmit and preserve the information used during preparation and holding of elections (referenda), as well as to provide information about activity of election (referendum) commissions, providing that the information on voters is protected and not disseminated.
17.6 During organization and holding of elections (referenda), the election (referendum) commissions, their members and other officials should follow the requirements, when undertaking their activities as given below:
17.6.1 should organize and hold elections (referenda), based on the Law; laws should be implemented fully, equally and impartially;
17.6.2. should treat every political party, referendum campaign group, candidate, voter and other participants of election (referendum) campaign fairly and equally within the law ;
17.6.3. should be neutral and impartial towards a candidate, political party, referendum campaign groups and voters;
17.6.4. should not admit any actions directed to or that can be understood as support of any candidate, political party, referendum campaign group;
17.6.5. should not admit a conflict of official and personal interests as an administrator of elections (referenda);
17.6.6. should not take any presents or gifts from participators of election (referendum) campaign;
17.6.7. should not execute directions or instructions, which are illegal and contradicting their duties;
17.6.8. should not take part in any action and acts that conflict with their duties;
17.6.9. should not take part in activity (including private activity) that can lead to a preconceived attitude towards any candidate, political party, referendum campaign group;
17.6.10. should not express its position within any political disputes related to elections (referenda);
17.6.11. should not have any relation with a voter in respect of the election issues of political nature;
17.6.12. should not bear or distribute symbols of any political party or anyhow express their attitude to any political party;
17.6.13. should not comment, based on own conclusion, on the decisions made, except for meetings of election commissions;
17.6.14. should make possible acquirement of the information that can affect taking of any decision;
17.6.15. should create opportunities for voters, persons, who have right to participate in conduct of election (referendum) actions and to get acquainted with documents and information based on Law;
17.6.16 should create conditions for collection, investigation, and regular unambiguous and clear publication of information;
17.6.17.should take possible measures to ensure voters’ participation in elections (referendum);
17.6.18.should take measures for correct understanding of election (referendum) campaign by voters;
17.6.19. should create all opportunities for participation of disabled voters or voters with other physical deficiencies living in distant or almost impassable places and who need special voting conditions

Article 18. System of Election (Referendum) Commissions
18.1 System of election (referendum) commissions shall include the following commissions:
18.1.1 Central Election (Referendum) Commission of the Republic of Azerbaijan (hereinafter – the Central Election Commission)
18.1.2 constituency election (referendum) commissions (hereinafter - constituency election commissions)
18.1.3 precinct election (referendum) commissions (hereinafter - Precinct Election Commissions)
18.2 Central Election Commission shall manage the activity of election commissions.
18.3 Election commissions shall be the standing State bodies functioning in accordance with Articles 3, 83, 101 and 142 of the Constitution of the Republic of Azerbaijan (except for the Precinct Election Commissions, specified in Articles 35.4 – 35.6 of this Code).

Article 19. General Rules of Organization of Election Commissions’ Activity
19.1 Election commissions shall function collectively;
19.2 The relevant election commission shall be assembled for its first meeting not later than 5 days after appointment of members with decisive voting right.
19.3 The Chairman of an election commission (as well as the Deputy Chairperson in the Central Election Commission) and two secretaries, shall be elected through open voting in the meeting of election commission. Until the Chairperson of the election commission is selected, or if the Chairman is absent, the oldest member of the commission shall chair its first meeting. The Chairman of the election commission shall represent the political party, deputies of which are in majority in the Milli Majlis, and the Secretaries shall each represent the political parties, deputies of which are in minority in the Milli Majlis and the independent deputies.
19.4 Election commissions shall take decisions within their authority.
19.5 Election commission’s meeting shall be convened by the chairperson, as well as upon requirement of at least one third of the commission members with decisive voting right.
19.6 Member of election commission with decisive voting right shall be obliged to participate in all meetings of the commission, except for the cases when he/she is ill and other good reasons.
19.7 In order to replace a member of the election commission with decisive voting right in cases specified in Article 19.6, replacement members nominated on the same conditions, should be appointed (elected) to election commissions along with the main members.
19.8 Members of election commissions shall be informed on the meeting of the election commission and the issues discussed at this meeting by the Chairperson of the commission 5 days before the meeting, but at least 3 days prior to the conduct of the meeting. Information about the time of the election commission’s meeting and the list of the issues considered at the meeting, relevant decision drafts on these and other documents shall be given to members of the commission personally in writing or by means of electronic communication facilities. The information about time of the meeting and the list of the issues considered at the meeting, relevant decision drafts on these and other documents shall be delivered within 24 hours, if less than 5 days remain to the Election Day, and on the voting day - immediately and personally.
19.9 For validation of the meeting of the election commission at least two thirds of its members with decisive voting right should be appointed.
19.10 A meeting of election commission shall be considered valid upon attendance of two thirds of the members with decisive voting right.
19.11 Any issue, raised by a request of a member of the election commission or a member of a superior election commission officially attending the meeting, and related to the authority of the commission and relevant to approved agenda, should be voted upon.
19.12 Upon requirement of one third of the commission members, any issue related to elections shall be included in agenda of the election commission based on the members’ written application addressed to the chairperson of the commission.
19.13 Minutes of all meetings of election commissions shall be taken, and all documents entering the commission shall be registered.
19.14 Decisions of election commission and minutes of its meetings shall be signed by the commission’s chairperson and secretaries. If the above persons do not sign the decisions and minutes, then they shall be signed by the commission members which voted for these documents. Minutes of meetings of an election commission shall be distributed to the commission members for approval at least 24 hours prior to the meeting (and without any delay on the Election Day) and be approved by a decision at one of the next regular meetings of the commission (this issue should be included in agendas of election commissions as the first item).
19.15 Members of the election commission not in favor with the decision made by the election commission, can express their opinion in writing and the opinion shall be attached to the commission’s minutes. The special opinion should be submitted to a superior election commission within at latest 3 days, and information about the opinion should be given on the voting day or the day after without delay.
19.16 In connection with carrying out of works related to preparation and holding of elections (referenda), election commission can hire non-staff workers based on labor and civil contract, and within funds allocated from budget for the mentioned activities.
19.17 The Chairman of the election commission (including the Deputy Chairman of the Central Election Commission) shall allocate positions among the secretaries and members of the commission. Decision adopted by the commission chairman with this regard, can be canceled by the election commission. Due to his position, the Chairman of the election commission shall be considered to be the head of the election commission secretariat.

Article 20. Allocation of Space in Mass Media to Election Commissions
20.1 During the period of preparation and holding of elections, the broadcasting organizations, mentioned in Article 77.2. of this Code, shall provide the Central Election Commission with not less than 15 minutes free air time per week for explanation of the election (referendum) legislation, rules and time frame for implementation of important election actions, as well as dissemination of information about the course of the election (referendum) campaign and to respond voters’ questions; the broadcasting organizations, mentioned in Article 77.3. of this Code shall provide not less than 10 minutes free air (broadcasting) time to Constituency Election Commissions for the same purpose.
20.2 During the week indicated in Article 77.1. of this Code, editorial offices of periodicals that have at least one issue per week should allocate to the Central Election Commission a space not less than one page of the their weekly issues, during the period of preparation and holding of elections.
20.3 Election commissions shall use the spaces allocated in periodicals for explanation of election (referendum) legislation, to answer the questions of voters, referendum campaign groups about rules and schedule of election actions, candidates, registered candidates, political parties, blocks of political parties, and course of election (referendum) campaign.

Article 21. Representation in Election Commissions
21.1 A registered candidate or political parties and blocks of political parties with a registered candidate during elections, and referendum campaign groups during referendum can appoint one citizen of the Republic of Azerbaijan with active suffrage as a representative of a relevant election commission with consultative voting right.
21.2 A member of the election commission with consultative voting right that represents the candidate nominated by a political party or block of political parties, shall be appointed by that political party or block of parties.
21.3 Within 3 days, the relevant election commission shall approve the members with consultative voting right, nominated by the registered candidates, political parties and blocks of political parties that nominated their candidates, and referendum campaign groups.
21.4 If political parties or referendum campaign groups are merged, all other members with consultative voting right except one shall be recalled from the election commissions. If a political party or referendum campaign group does not meet this requirement, the relevant election commission exclude the member with consultative voting right to be recalled from the commission, based on its own considerations.

Article 22. Status of an Election Commission Member
22.1 Initiators of establishment of referendum campaign groups, authorized representatives, agents and observers of candidates, registered candidates, as well as political parties and blocks of political parties nominated a candidate, referendum campaign groups, members of election commissions with consultative voting right, persons directly subordinate to candidates and registered candidates, and according to the Family Code of the Republic of Azerbaijan, the kin, wives and wives’ kin of the mentioned persons (children, parents, adopted children, brothers, sisters, grandchildren, grandfathers, grandmothers), persons who previously violated the election legislation and were withdrawn from the membership of the commission by a decision of a superior election commission or who committed violations of election legislation, which have been confirmed by a court decision cannot function as a member of election commission with decisive voting right. In this case, and if this case is confirmed by the body that appoints the member of the election commission, the member of the election commission shall be replaced by a substitutive member provided for in Article 19.7 of this Code (Prohibitions related to the relationship (excluding close relatives) implied by this Article shall not refer to the members of the Precinct Election Commissions organized in residences voters of which are less than 100persons or more than 50 persons in case defined by Article 36.7 of the Code).
22.2 A member of one election commission cannot be at the same time a member of another election commission. Except for the cases indicated in Article 36.3 of this Code, a member of the election commission with decisive voting right cannot be at a State or municipal service.
22.3 A member of election commission with decisive voting right shall be dismissed from his position based on the decision of a relevant election commission within a month, and during preparation and holding of election – within three days, in the following cases:
22.3.1 on submission of written application for resignation and if this application is verified by the chairperson of the election commission;
22.3.2 when there are grounds provided for Articles 22.1 and 22.2 of this Code.
22.3.3. if he/she is a member of a political party.
22.4 Powers of a member of election commission with decisive voting right shall immediately be terminated in the following cases:
22.4.1 becoming a candidate for the post of President, deputy of the Milli Majlis or for a member of municipality;
22.4.2 being elected members and officials of State power bodies and municipalities (except for the members of election commissions specified in Article 36.3 of this Code);
22.4.3 being deprived of citizenship of the Republic of Azerbaijan, or being a citizen of another country;
22.4.4 when accusatory court verdict comes into force;
22.4.5 when he/she is recognized by court decision that has come into force, to be incapacitated or with limited capacity, or considered missing or dead;
22.4.6 when the decision of the relevant election commission on fulfillment of his/her duties on non-regular basis or by violating provisions of Article 17.6 of this Code, is approved by the court decision;
22.4.7 when violation of requirements of the election legislation is confirmed by a resolution of the relevant court.
22.5 A member of the election commission can neither be dismissed from his/her position, nor his/her authorities be terminated by the body that appointed him/her, except for the cases established in Articles 22.3 and 22.4 of this Code.
22.6 In the place of the member with decisive voting right, who has left the election commission in the cases mentioned in Articles 22.3 and 22.4 of this Code, a new member shall be appointed by the body that had appointed the previous member, within at latest 30 days after the resignation day, and within 10 days during preparation and holding of elections.
22.7 Regardless of their status, the commission members shall bear liability established for officials by the Criminal Code or Code of Administrative Offences of the Republic of Azerbaijan, for violation of requirements of the present Code.
22.8 The members of election commissions with decisive voting right, specified in Article 36.3 of this Code, which preserve their municipal positions, as well as work in organizations, departments and institutions funded from the State budget, cannot without their own consent be appointed to another position or dismissed by employer’s initiative during the activity of the commission.
22.9 A member of an election commission with consultative voting right shall have the same rights as a member of election commission with decisive voting right, excluding issuance of ballots and de-registration cards for voting, counting of ballots, cancellation of ballots and de-registration cards, to draw up protocols about outcomes and results of voting, to vote during making decisions on issues concerning authorities of the election commission and the right to sign decisions of the relevant election commission.
22.10 Members of election commissions with decisive and consultative voting right:
22.10.1 shall be timely informed about meetings and the list of the issues considered at the meeting, relevant decision drafts on these and other documents of the relevant election commission;
22.10.2 can give proposals on issues related to authorities of the relevant election commission, make a speech in the meeting of election commission and suggest voting on these issues;
22. 10.3 can ask questions to other participants of the meeting of election commission related to the agenda issues and get answers on them;
22. 10.4 can be familiarized with any election document (including voters lists, ballots), election documents of a lower election commissions, can get copies of the documents (excluding voters lists, signature sheets, ballots and voter verifications), can get familiarized with documents reflecting information that is not considered by Law as State, commercial secret or other secret;
22. 10.5 can complain of decisions or action (lack of action) of election commission to a relevant superior election commission and to court, in the manner defined in this Code;
22.11 Authorities of members of election commission with consulting voting right shall be terminated in 30 days after official announcement of results (general results) of election (referendum), but if superior election commission receives a complaint on decision, action (lack of action) of a lower election commission, rules of voting or vote counting were violated and court investigation is conducted on these facts, their authorities are terminated only after making decision by the superior election commission or the court.
22.12 Members of election commissions with consultative voting right appointed to a relevant election commission in relation with holding of referendum can participate in activity of the election commission related only to referendum, members of election commissions with consultative voting right appointed to relevant election commissions in relation with holding of presidential elections can participate in activity of the election commissions related only to presidential elections, members of election commissions with consultative voting right appointed to relevant election commissions in relation with holding of elections of deputies to the Milli Majlis of the Republic of Azerbaijan can participate in activity of the election commissions related only to elections of deputies to the Milli Majlis of the Republic of Azerbaijan, members of election commissions with consultative voting right appointed to election commission in relation with holding of municipality elections can participate in activity of the election commissions related only to municipality elections.
22.13 Authorities of a member of an election commission with consulting voting right can be terminated or given to other person by decision of the person or political party or block of political parties that appointed the member.

Article 23. Term of Authority of Election Commissions
23.1 The term of election commissions’ authority shall be 5 years.
23.2 If the right of citizens to participate in election and referendum was violated by a lower election commission and as a result of such actions the Central Election Commission (or a court) annulled the results of voting in the relevant territory, the Central Election Commission can dissolve this lower election commission. Complaints on decision of the Central Election Commission can be filed with the Court of Appeal of Azerbaijan Republic. The complaint shall be accepted immediately for consideration and a relevant decision shall be made not later than 3 days. Not later than a week after coming into force of a decision of the Court of Appeal of Azerbaijan Republic on the issue, a relevant lower election commission should be formed in the order established in this Code.
23.3 If an election commission is dissolved and formed again as in cases mentioned in this Code, the term of authority of a newly formed election commission shall be limited to the terms of authority of the old one.