. : ELECTION CODE OF THE REPUBLIC OF AZERBAIJAN

Article 24. The Rule of Formation of the Central Election Commission
24.1. The Central Election Commission shall consist of 18 members.
24.2. The members of the Central Election Commission shall be elected by the Milli Majlis.
24.3 Six members of the Central Election Commission shall represent the political party nominating them, deputies of which constitute majority in the Milli Majlis. Six members of the Central Election Commission shall represent the non-partisan (independent) deputies, which nominate them, and six members shall represent the political parties nominating them, deputies of which obtained minority in the Milli Majlis. The independent deputies shall, as a rule, be represented in the Central Election Commission by independent lawyers, nominated by them, which are not on state service. Nomination of 2 candidates shall be agreed among the interested parties: 1 of the nominees be agreed with representatives of the political party constituting majority in the Milli Majlis, and the other nominee be agreed with representatives of the political party constituting minority in the Milli Majlis.
24.4 Members of the Central Election Commission should have higher education.

Article 25. Authorities of the Central Election Commission

25.1. The Central Election Commission shall ensure preparation and holding of presidential elections, elections of deputies of the Milli Majlis of the Republic of Azerbaijan, as well as referenda and municipality elections.
25.2. The Central Election Commission shall carry out the following general authorities:
25.2.1. supervise the observation of people’s suffrage during preparation and holding of elections (referendum), carries out the actions related to financing of elections (referenda), ensures the identical and correct application of the relevant Articles of this Code.
25.2.2. consider within own authorities the complaints related to violation of rules set forth in the Code, and make grounded decisions.
25.2.3. form Constituency Election Commissions in accordance with its composition principles.
25.2.4. manage the activity of constituency and Precinct Election Commissions;
25.2.5. work out standards for technical equipment necessary for the activity of election commissions, approve the standards and supervise their observation;
25.2.6. ensure delivery of ballot papers (referendum ballots) (hereinafter – the ballot papers), envelopes for ballot papers, protocols, de-registration cards and other election (referendum) related documents (hereinafter – election documents) to the Constituency Election Commission;
25.2.7. ensure preparation and holding of elections (referenda), implementation of the programs related to development of the election (referendum) system, increase legal awareness of voters, conduct trainings for education of members of election commissions and provide the implementation of programs on professional qualification of the latter;
25.2.8. within the territory of election constituency create conditions for pre-election campaign of candidates, registered candidates, political parties, blocks of political parties and pre-referendum campaign of referendum campaign groups; approve the unified regulations for distribution of air time between registered candidates, political parties, blocks of political parties and referendum campaign groups, specify the rules of publication of voting and referendum results;
25.2.9. distribute funds allocated from the State budget to preparation and holding of elections (referenda), and supervise their usage for the specified purpose;
25.2.10. render legal, methodical, technical and organizational assistance to election commissions;
25.2.11. approve samples of election ballot papers, envelopes for ballot papers, voters lists, de-registration cards, voting protocols and other election documents, and ensure their preparation and protection;
25.2.12. approve rules for storage of election materials and keeping them in archives;
25.2.13. approve standards for technical supply of election commissions and supervise their observation; approve samples of seals of election commissions;
25.2.14. supervise funding of pre-election campaign;
25.2.15. provide voters with information about terms, rules of voters’ action and course of holding of elections (referendum);
25.2.16. supervise ensuring of provision of election commissions with premises, transport and communication means, and solve other logistic issues related to elections (referendum);
25.2.17. compile an integrated voters list together with relevant executive authorities and municipal bodies;
25.2.18. get information from relevant executive authorities and municipal bodies about issues related to preparation and conduct of elections;
25.2.19. ensure use of the State Automated Information System on a basis of identical rules;
25.2.20. register the observers and provide them with badges of appropriate design;
25.2.21. define own work routine, as appropriate to Articles 28.1 and 28.5 of this Code;
25.2.22. cancel illegal decisions of election commissions, apply to the relevant commission with regard to the chairmen and secretaries of the election commissions, which do not appropriately fulfill their responsibilities;
25.2.23. carry out other authorities in accordance with this Code.
25.3. Within its authorities, the Central Election Commission shall adopt and publish regulations and methodical instructions regarding implementation of this Code.
25.4. The Central Election Commission shall provide all election commissions with regulations and methodical instructions regarding implementation of this Code. The lower commissions shall post the mentioned regulations and methodical instructions on notice boards that ensure their easy reading, in the order specified by the Central Election Commission.

Article 26. Directions of Activity of the Central Election Commission
During conduct of referendum, elections to the Milli Majlis, Presidential and Municipal elections, the Central Election Commission shall function in the following directions, in accordance with Article 25 of this Code:
26.1. The Central Election Commission shall perform the following duties during preparation and holding of referendum:
26.1.1. supervise compliance of holding of referendum in compliance with this Code;
26.1.2. register referendum campaign groups in cases stipulated by this Code;
26.1.3. publish overall lists of registered referendum campaign group;
26.1.4. ensure distribution air time among referendum campaign group for pre-referendum campaign on a basis of identical rules;
26.1.5. ensure supervision on spending of monetary means entered to referendum funds by referendum campaign group;
26.1.6. determine results of referendum and publishes them in press;
26.1.7. perform other authorities in accordance with this Code.
26.2. The Central Election Commission shall implement the following duties during preparation and holding of elections to the Milli Majlis of the Republic of Azerbaijan:
26.2.1. supervise holding of election to the Milli Majlis of the Republic of Azerbaijan in compliance with this Code;
26.2.2. ensure observation of conditions of pre-election activities, established by this Code, by all candidates, registered candidates, political parties, blocks of political parties, referendum campaign groups;
26.2.3. ensure carrying out of distribution of air (broadcasting) time for pre-election campaign between political parties, blocks of political parties and registered candidates on the basis of equal rules;
26.2.4. ensure supervision on spending of monetary means entered to election funds of candidates (political parties) ;
26.2.5. publish the list of candidates registered in constituencies;
26.2.6. determine elected deputies among candidates registered in the election constituencies and issues them the relevant verification cards;
26.2.7. officially publish results of elections to the Milli Majlis of Azerbaijan Republic, including protocols of Precinct Election Commissions;
26.2.8. draw up list of the elected deputies, submits these lists and necessary documents to the Milli Majlis;
26.2.9. organize holding of repeat elections and by-elections for seats of left deputies;
26.2.10. exercise other authorities in accordance with this Code.
26.3. The Central Election Commission shall perform the following authorities during preparation and holding of elections of the President of the Republic of Azerbaijan:
26.3.1. supervise holding of elections of the President of the Republic of Azerbaijan in compliance with this Code;
26.3.2. register candidates for Presidency, their agents, authorized representatives;
26.3.3. issue verification in established form to candidates for Presidency and their agents;
26.3.4. publish overall list of registered candidates;
26.3.5. ensure equal condition for pre-election campaign to all candidates for Presidency;
26.3.6. ensure observation of pre-election activity conditions, established by this Code, by all candidates, registered candidates, political parties and blocks of political parties;
26.3.7. ensure distribution of air (broadcasting) time among registered candidates on a basis of identical rules;
26.3.8. ensure supervision on spending of monetary means entered to the funds of candidates for Presidency;
26.3.9. determine the results of Presidential elections;
26.3.10. issue verification to the candidate elected as the President;
26.3.11. officially publish results of Presidential elections;
26.3.12. prepare holding of repeat voting on Presidential elections
26.3.13. prepare holding of repeated Presidential elections;
26.3.14. exercise other duties in accordance with this Code;
26.4. The Central Election Commission shall perform the following duties during preparation and holding of municipality elections:
26.4.1. supervise of holding of municipality elections in compliance with this Code;
26.4.2. publish the list of candidates registered in constituencies;
26.4.3. make a decision on holding of repeat elections and by-elections on the basis of information received from the Constituency Election Commission;
26.4.4. officially publish results of elections;
26.4.5. perform other duties in accordance with this Code.

Article 27. Ensuring of Activity of Members of The Central Election Commission
27.1. Chairman, Deputy Chairman, Secretary and member of the Central Election Commission shall receive salary from the state budget during the period of his/her authority in the commission. When retiring on a pension, the person who was Chairman, Deputy Chairman, Secretary and member of the Central Election Commission shall be paid 80% of the salary amount of Chairman, Deputy Chairman, Secretary and member of the Central Election Commission.
27.2. A member of the Central Election Commission of the Republic of Azerbaijan cannot be detained, arrested or be subject to criminal liability or administrative penalties as may be determined in a court procedure without the consent of the General Public Prosecutor. A member of the Central Election Commission can be arrested only if he/she is caught in the act of crime. In this case, the body arresting the member of the Central Election Commission shall immediately inform the General Public Prosecutor of the Republic of Azerbaijan about the matter.
27.3. Expenses of a member of the Central Election Commission for use of inter-cities transport and any public transport (except taxi and ordered journeys) within the country during elections (referendum) shall be paid from the funds allocated by the Central Election Commission upon presenting of the relevant documents on traveling.

Article 28. Organization of Activity of the Central Election Commission
28.1. The Central Election Commission shall adopt regulations with the purpose to determine the order for conduct of its meetings.
28.2. Decisions of the Central Election Commission shall be adopted by open vote as follows: if 12 members of the commission are present at the meeting of the Central Election Commission – by a majority of at least 8 of its members, if 13 members are present - by a majority of at least 9 of its members, if 14 or 15 members are present - by a majority of at least 10 of its members, if 16 members are present - by a majority of at least 11 of its members, if 17 or 18 members are present – by majority of at least 12 of its members.
28.3. The instructions or methodical guidelines adopted concerning the rules on implementation of this Code, should be legally examined prior to being approved by a decision of the Central Election Commission. The opinion on legal examination together with the draft shall at least 3 days prior to the voting, be presented to the Central Election Commission members.
28.4. Decision of the Central Election Commission should be officially published at the latest 24 hours and the decision shall enter into force upon publishing.
28.5. The Central Election Commission forms its Secretariat. Activities of the Secretariat shall be regulated by the Regulations approved by the Central Election Commission. The Central Election Commission shall determine the structure and establish the personnel of the Secretariat within the funds allocated to the Central Election Commission from the State budget. The Regulations of the Central Election Commission, the structure of its Secretariat and the personnel schedule should be published after being approved.
28.6. The Central Election Commission of the Republic of Azerbaijan shall have its own official media outlet an web site.
28.7. The Central Election Commission of the Republic of Azerbaijan shall have its own letterheads, emblem, badges and a stamp.



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