. : ELECTION CODE OF THE REPUBLIC OF AZERBAIJAN

 

CHAPTER Thirty Eight. Conduct of Municipality Elections and Determination of the Election Results

Article 234 Voting Room During Municipal Elections

Article 235. Ballot Papers During Municipal Elections

Article 236. Rule of Voting During Municipal Elections

Article 237. Counting of Votes in the Election Precinct During Municipal Elections

Article 238. Determination of Voting Results by the Constituency Election Commission

Article 239. Checking and Approval of Outcomes of Municipal Elections

Article 240. Invalidation of Elections to Municipalities

Article 241. Announcement of Results of Municipal Elections

Article 242. Card for Being Elected as a Municipal Member

Article 243. Repeat Elections

Article 244. By- Elections

Article 245. Filling of Vacancies of Municipal Members

Article 246. Publication of Outcomes and Voting Results of Municipal Elections


Article 234 Voting Room During Municipal Elections
234.1 The voting room during municipal elections shall be organized in accordance with requirements of Article 98 of this Code.
234.2 The Precinct Election Commission shall post the following on a notice board in the voting room or in front of it:
• sample of a ballot paper;
• information on political parties, blocks of political parties and candidates of which have been registered;
• following information about all candidates registered from the relevant single-mandate constituency: surname, name, date of birth, education, main working (service) place and occupation (if a candidate does not have it – type of activity), address of residence, their nominators.
234.3 Information on candidates, political parties and blocks of political parties shall appear in the manner and consecutive order as defined in the ballot paper.

Article 235. Ballot Papers During Municipal Elections
235.1 Ballot papers for conduct of municipal elections shall be prepared in accordance with the rule established by Article 99 of this Code.
235.2 Separate ballot papers shall be prepared for each municipality election.
235.3 It shall be indicated in the heading of the ballot paper what municipal election it is intended to be used for.
235.4 A ballot paper for municipality elections should contain the following information on the candidates for member of a municipality:
• surname, name, patronymic, pseudonym;
• date of birth;
• address;
• main working or serving place (if he/she does not have them - type of activity);
• who has nominated the candidate
235.5 The ballot paper should contain the short name of the party of a candidate for membership of a municipality who has been registered in accordance with the Article 54 of this Code.
235.6 Party affiliation of a candidate for membership of a municipality, registered in accordance with the Article 53 of this Code, can be indicated by his/her will.
235.7 An empty square shall be placed at the right hand side of the candidate’s surname, in the ballot paper.

Article 236. Rule of Voting During Municipal Elections
236.1 Voting during municipality elections shall be conducted in accordance with Articles 104 and 105 of this Code.
236.1.2 The voter shall mark the square opposite to the surnames of candidates they want to vote for and the number of such marks should be equal or less than the number of the relevant municipality’s members.
236.1.3 if the number of marked squares is more than the number of municipal members, the vote shall be considered invalid.
236.1.4 if none of the squares is marked, the vote shall be considered invalid.

Article 237. Counting of Votes in the Election Precinct During Municipal Elections
237.1 The counting of the votes in the election precinct shall be conducted in accordance with Article 106 of this Code.
237.2 Each protocol shall contain, along with provisions of Article 100.2 of this Code, the following information about results of voting:
237.2.1 surnames, names, patronymics of candidates who appear in the ballot box; if they are identical – additional information about the candidates;
237.2.2 number of votes cast for each candidate.

Article 238. Determination of Voting Results by the Constituency Election Commission
238.1 The count of votes in a constituency election commission shall be conducted in conformity with Article 107 of this Code.
238.2 The Constituency Election Commission shall determine election returns for multi-mandate constituency within at latest 2 days after voting day.
238.3 The candidates who participate in the elections and collect the majority of votes shall be considered as elected to a relevant municipality, as appropriate to number of municipal members.
238.4 The protocol of the Constituency Election Commission shall contain the surname, name and patronymic of the candidate elected as a member to municipality.

Article 239. Checking and Approval of Outcomes of Municipal Elections
The Central Election Commission shall check the protocols of the Constituency Election Commissions (along with the documents attached pursuant to this Code), and in accordance with Article 108 of this Code, compile a protocol on general outcomes of the elections, within 20 days effective the voting day.

Article 240. Invalidation of Elections to Municipalities
240.1 The Constituency Election Commission shall consider the municipal elections failed, if the number of votes cast for the registered candidates is equal.
240.2. The Constituency Election Commission or the Central Election Commission shall consider the elections in a municipality to be invalid, in the following circumstances:
240.2.1 if the number of election precincts where voting results are considered invalid during the elections on a municipality exceeds 2/5 of all precincts within the same municipality or when they are cancelled, under the condition that the number of registered voters in the election precincts exceeds ¼ of all voters registered in the constituency;
240.2.2 on the basis of a court’s decision.

Article 241. Announcement of Results of Municipal Elections
The Central Election Commission shall announce the results of municipal elections in the Republic of Azerbaijan at latest within 30 days after starting from Election Day. This decision of the Central election Commission shall be final.

Article 242. Card for Being Elected as a Municipal Member
According to the sample determined by Central Election Commission, a card for being elected as a municipal member shall be provided by the Constituency Election Commission within 5 days after the elections results have been announced.

Article 243. Repeat Elections
Repeat elections shall be conducted by the decision of Central Election Commission, if municipal elections either fail or are considered to be invalid, according to Article 240 of this Code.

Article 244. By- Elections
If the required number of members of a municipality has not been elected, or their terms of office have been terminated before their normal expiry date and as a result of the above there is less than 2/3 of the members in a municipality, by-elections shall be held with the decision of the Central Election Commission.

Article 245. Filling of Vacancies of Municipal Members
Following receipt of the application from a Constituency Election Commission that a member of a municipality has died during his/her term of office, or has had his/her term of office terminated, the Central Election Commission shall determine new election.

Article 246. Publication of Outcomes and Voting Results of Municipal Elections
Rules for publication of outcomes and voting results of municipal elections shall be regulated by Article 109 of this Code.


Central Election Commission • Baku - Azerbaijan
AZ 1000 3 Rasul Rza
Tel/Fax: (994 12) 493 60 08 • E-mail: office@cec.gov.az
Copyright © 2001 Central Election Commission. All rights Reserved.