. : ELECTION CODE OF THE REPUBLIC OF AZERBAIJAN

Article 29. Formation of Election (Referendum) Constituencies
29.1. For holding of elections the Central Election Commission shall forms 125 election (referendum) constituencies (hereinafter – election constituencies) every 5 years based on the information about the number of voters actually permanently residing and registered in the relevant territorial units provided by the municipalities and relevant executive bodies to the Central Election Commission. Election constituencies shall as a rule are be formed on the basis of average representation norm. The average representation norm is specified by division of total number of registered voters by 125. Election constituencies shall be considered the function as single-mandate constituencies during the elections of deputies of the Milli Majlis, and as the election territories – during the Presidential elections, referendum and elections of municipal members.
29.2. Voters residing outside the Republic of Azerbaijan shall be included on the voters lists in election constituencies. Information about the number of voters permanently residing outside the Republic of Azerbaijan, or being on long-term business trips and registered in the relevant diplomatic representations and consulates of Azerbaijan Republic shall be submitted to the Central Election Commission by a relevant executive power body. Based on the same information, the Central Election Commission shall approve a list of the relevant election constituencies for inclusion of the voters on the voters lists during referendum and Presidential elections. Number of voters in election constituencies where the voters residing outside Azerbaijan Republic are included on the lists should be less than the average norm of voters.
29.3. Election constituencies shall be formed upon observation of the following requirements:
29.3.1. As a rule, number of voters registered on the territory of administrative-territorial units of the Republic of Azerbaijan should be approximately the same under the condition that their number should not be 5 % more than the average representation norm and 10% more (less) than the average representation norm in distant places and places having impassable roads;
29.3.2. Formation of election constituencies in the territories not having boundaries between each other shall be prohibited.
29.3.3. Determining (changing) the boundaries of election constituencies purposefully for any of the voters group to be in majority shall not be allowed.
29.4. Upon observation of requirements on formation of election constituencies indicated in Articles 29.2 and 29.3 of this Code, necessity of non-intersection of the boundaries of municipality should be taken into consideration.
29.5. The Central Election Commission should approve the scheme of formation of election constituencies and their graphic images on the basis of information about voters, every 5-years within 30 days after the integrated voters list is compiled. During this period the scheme of formation of election constituencies and their graphic images can be re-approved taking into consideration the requirements provided in Articles 29.3 and 46 of this Code.
29.6. The scheme of formation of election constituencies and their graphic images, as well as proposals on boundaries of election constituencies shall be prepared by a commission on determining the boundaries of election constituencies created under the Central Election Commission and consisting of specialists. The work of such commission shall be supervised by the Deputy Chairman of the Central Election Commission Republic, and he/she be considered the chairperson of the commission, due to his/her duties. Meetings of the Commission on Determining the Boundaries of Election Constituencies shall be held not later than two months after annual update of the Integrated Voters List. The main object of the mentioned commission shall be to ensure compliance of the election commissions with Articles 29.3 and 29.7 of this Code. Only 1/3 of members of such commissions can be on state service. If election constituencies are formed immediately before holding of election (referendum), the scheme of formation of election constituencies and their graphic images should be approved at least 115 days before election (referendum) day and be published at least 110 days before election (referendum) day.
29.7. The following should be indicated in the scheme of formation of election constituencies:
29.7.1. name and number of each election constituency;
29.7.2. list of municipalities of administrative-territorial units, or towns, district, districts in towns located in every election constituency (if election constituency includes a part of an administrative-territorial unit, municipality, and settlement, the boundaries of the part of the administrative-territorial unit, municipality, and settlement should be outlined in the scheme. If one election constituencies is formed in one administrative-territorial unit, list of municipalities located in the election constituency shall not be included in the scheme of formation of election constituency);
29.7.3. center of each election constituency;
29.7.4. number of voters registered in each election constituency, number of voters registered in each municipality included in election constituency, in case of formation of more than one election constituency in administrative-territorial unit;
29.7.5. number of voters included on the lists in the relevant election constituencies in accordance with Article 29.2 of this Code, with indication of foreign countries where the voters residing outside the Republic of Azerbaijan live.
29.8. At the formation of election constituencies and specification of scheme of their formation, the State Automated Information System can be used.
29.9. A unified election constituency for election of the President of the Republic of Azerbaijan and conduct of a referendum shall cover the whole territory of the Republic of Azerbaijan;
29.10. According to Article 46 of this Code, voters included on the voters list in a constituency shall are also be considered as voters included on the voters list in the unified election constituency.

Article 30. Organization of Constituency Election Commissions
30.1. If election constituencies are organized immediately before elections (referendum) they should be organized at least than 90 days before voting day.
30.2. Constituency Election Commission shall consist of 9 members. Members of the Constituency Election Commission are appointed by the Central Election Commission.
30.3. Candidacy of three members to Constituency Election Commission shall be presented by the members of the Central Election Commission who represent the political party, deputies of which constitute majority in the Milli Majlis. Candidacy of other three members to Constituency Election Commission shall be presented by the members of the Central Election Commission who represent the political parties, deputies of which constitute minority in the Milli Majlis, and candidacies of other three more members be presented by the members of the Central Election Commission who represent the neutral non-partisan deputies of the Milli Majlis. Candidates to the Constituency Election Commission can be presented by local branches of the relevant political parties to the members of the Central Election Commission representing political parties. 2 of the candidates to the Constituency Election Commission nominated by the members of the Central Election Commission who represent the non-partisan deputies in the same Commission, can be agreed with the interested parties: one 1 candidate with the members of the Central Election Commission who represent the political party, deputies of which constitute majority in the Milli Majlis, and the other one with the members of the Central Election Commission who represent the political parties, deputies of which constitute minority in the Milli Majlis.
30.4. In case a candidate to the membership of a Constituency Election Commission is not nominated within 95 days before the voting day, the candidate shall be presented by the members of the Central Election Commission that represent the court administration.
30.5.Members of election constituency shall receives an appropriate verification card from the Central Election Commission.

Article 31. Duties of Constituency Election Commissions
31.1. The Constituency Election Commission shall performs the following general duties:
31.1.1. supervises observation of suffrage of citizens of the Republic of Azerbaijan on the territory of election constituency;
31.1.2. considers within own authorities the complaints related to violation of rules set forth in the Code, and makes grounded decisions regarding these complaints;
31.1.3. creates conditions for all candidates, registered candidates, political parties, blocks of political parties on the territory of election constituency for their pre-election activity and for pre-referendum activities of referendum campaign groups;
31.1.4. names the Precinct Election Commissions on the territory of election constituency and ensures numbering of precinct commissions on the base of unified rule;
31.1.5. ensures delivery of ballots, envelopes for ballot papers, protocols, de-registration cards and other election documents to Precinct Election Commissions;
31.1.6. distributes funds allocated for preparation and holding of elections (referenda) among Precinct Election Commissions, supervises use of the funds for the specified purpose;
31.1.7. receives information from the relevant executive authority bodies and municipalities related to preparation and holding of elections (referenda);
31.1.8. informs voters about rule and term of performance of election actions in the course of elections (referenda), publishes information about the registered candidates, and publishes the information about preliminary election (voting) results;
31.1.9. supervises provision of Precinct Election Commissions with premises, transport and communication means, fulfillment of relevant decisions made in relation with material and technical supply of elections;
31.1.10. renders organizational and technical assistance to Precinct Election Commissions on the territory of election constituency on holding of voting in election precincts;
31.1.11. co-ordinates activity of Precinct Election Commissions;
31.1.12. ensures storage of election (referendum) documents in accordance with rules approved by the Central Election Commission;
31.1.13. ensures submission of documents related to preparation and holding of elections (referenda) to the Central Election Commission, including protocols on outcomes of voting (elections);
31.1.14. ensures use of the State Automated Information System on the territory of election constituency on the basis of a unified rule;
31.1.15. provides instructions to the members of precincts election commissions.
31.1.16. cancels illegal decisions of Precinct Election Commissions.

Article 32. Activity Directions of Election Commissions
During conduct of referendum, elections of deputies to the Milli Majlis, Presidential or municipal elections, the Constituency Election Commission shall function in the following directions, in accordance with Article 31 of this Code:
32.1. Constituency Election Commissions shall perform the following duties during preparation and holding of referendum:
32.1.1. registers referendum campaign groups in cases stipulated by this Code;
32.1.2. determines results of vote counting in referendum constituency;
32.1.3. ensures control on spending of election funds of referendum campaign groups in referendum constituencies;
32.1.4. determines voting results in referendum constituencies, and gives information about voting results to the Central Election Commission;
32.1.4. performs other authorities in accordance with this Code.
32.2. Constituency Election Commissions shall performs the following authorities during preparation and holding of elections of deputies of the Milli Majlis:
32.2.1. ensures reception of information about candidates nominated on corresponding single-mandate election constituency, publishes information about registered candidates;
32.2.2. registers candidates on single-mandate constituency, their authorized representatives and agents, cancels their registration and issues them verifications in established the form established by the Central Election Commission;
32.2.3. ensures control on spending of election funds of candidates, registered candidates, political parties, blocks of political parties on the territory of election constituencies;
32.2.4. ensures observation of pre-election activity conditions, specified by this Code, for candidates, registered candidates, political parties, blocks of political parties on the territory of election constituencies;
32.2.5. determines outcomes of elections on single-mandate constituency, provides information to the Central Election Commission about voting results in single-mandate constituency;
32.2.6. holds repeat and by-elections;
32.2.7. performs other duties in accordance with this Code.
32.3. The Constituency Election Commissions finalizes shall undertake the following authorities with regard to preparation and conduct of the Presidential Elections:
32.3.1. provides equal conditions for pre-election campaign activities of the candidates for Presidency, within the election constituency;
32.3.2. ensures that all the conditions for pre-election activities established by this Code are observed by the candidates, and the registered candidates follow rules of this Code and conditions of pre-election activities established by other laws within the election constituency;
32.3.3. determines results of Presidential elections within the election constituency, informs the mass media about it and submits protocols on voting results to the Central Election Commission;
32.3.4. performs other duties in accordance with this Code.
32.4. The Constituency Election Commission shall implements the following duties during preparation and conduct of elections to municipalities:
32.4.1. registers candidates for a member of municipality within the territory;
32.4.1. ensures obtaining of information about candidates nominated for municipality on an election territory, publishes information about registered candidates;
32.4.2. registers candidates for member of a municipality, their authorized representatives, their agents, and issues them established sample verification cards in the form established by the Central Election Commission;
32.4.3. controls that pre-election activities of candidates for member of a municipality within the constituency can be conducted equally;
32.4.4. determines the voting results based on information received by Precinct Election Commissions within the constituency, informs voters and the mass media about these;
32.4.5. organizes repeat elections and by-elections;
32.4.6. performs other duties in accordance with this Code.

Article 33. Guarantees for Functions of a Member of a Constituency Election Commission
33.1 A MemberThe Chairman and Secretaries of a Constituency Election Commission will shall be provided with salary from the State budget, during his/her term of office. The members of the Constituency Election Commission shall receive compensation from the State budget, within the period from the day of publication of the authorized state body’s decision on determination of elections (referendum) to the day of publication of the election (referendum) results, as well as during annual drafting of voters’ lists. The salary the member elected to the Constituency Election Commission receives from the place of employment, serving at the structures, enterprises, organizations or institutions funded from either the state or local budget, shall be preserved.
33.2 During elections (referendum) the member of the Constituency Election Commission cannot be detained or be subject to criminal liability or administrative measures as determined by the court, without consent of a relevant district prosecutor (“district prosecutor” here shall be understood as the public prosecutor of the district covering the major part of territory of the election constituency). A member of a Constituency 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 Constituency Election Commission shall immediately inform the Central Election Commission and the relevant district prosecutor about the matter.
33.3 Expenses of a member of a Constituency Election Commission for use of inter-cities transport and any public transport (except taxi and ordered tripjourneys) within the country during elections (referendum) shall be paid from the funds allocated by the Constituency Election Commission, upon presenting the documents on traveling.

Article 34. Organization of the Functions of the Constituency Election Commission
34.1 The Constituency Election Commission shall build its activity on regulations for the Constituency Election Commission, verified by the Central Election Commission.
34.2 The Secretariat of the Constituency Election Commission shall build its activity on the Charter verified by the Central Election Commission.
34.3 Decisions of the Constituency Election Commission are adopted during the meeting of the Constituency Election Commission as follows:
• by majority of votes of at least 6 members if attended by 9 or 8 members;
• by majority of votes of at least 5 members if attended by 8 or 7 members;
• by majority of votes of at least 4 members if attended by 6 members.
34.4 Decisions of the Constituency Election Commission must should be published within a 24 hours period and enter into force upon publishing.
34.5. The number of permanently functioning officials of the Constituency Election Commission Secretariat, the names of their duties and salaries shall be defined by Central Election Commission of the Republic of Azerbaijan.


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