. : ELECTION CODE OF THE REPUBLIC OF AZERBAIJAN

Article 35. Establishment of Election (Referendum) Precincts
35.1 Election (referendum) precincts (hereafter referred to as election precincts) shall be formed every 5 years with the purpose of conducting voting and counting of votes, taking into account the number of voters registered within the territories of municipalities. Separate election precincts can be formed before the abovementioned period expires with a purpose to ensure the conformity of the requirements of Article 35.3.1. of this Code.
35.2 Election precincts shall be created by the relevant Constituency Election Commissions, agreed with the relevant executive body and municipality, taking into account necessity of creation of maximum convenience for voters and local and other conditions. If election precincts are created immediately before the elections (referendum) then they mustshould be established at least 50 days prior to the election day. The boundaries of election precinct shall be clearly indicated in decision of the Constituency Election Commission on formation of an election precinct (if the election precinct covers a part of a settlement, then street names and apartment numbers shall be indicated).
35.3 The following requirements must should be followed when creating the election precinct:
35.3.1. at most 1500 and at least 50 voters mustshould be registered within the territory
of each election precinct;
36.3.2. borders of election precincts must not cross the borders of the constituencies.
35.4 Voting stations can be created on (hospitals, sanatoriums, rest homes, oil-production platforms located in the Azerbaijani sector of the Caspian Sea), in the ships that navigate on the election day (if more than 50 voters are present), and in the places where voters are temporarily located (hospitals, sanatoriums, rest homes), in conformity with the rules defined by the Central Election Commission and within the period defined by Article 35.2 of this Code. They can be created at least 5 days prior to the voting day only in exceptional circumstances defined by the Central Election Commission. Such voting stations shall be included in the constituency created within their location or within the territory of which the ship is registered. Such voting stations may only be created during referendum and Presidential elections.
35.5 Military servants should vote in ordinary voting stations. Rules for transferring citizens of the Republic of Azerbaijan who are in limited military service are defined by the Central Election Commission. Voting stations can be created in the military units located outside of the settlements only in circumstances if it is needed more than 1 hour to transport military servants by means of public transport to ordinary voting stations and if the number of military servants is more than 50. In exceptional circumstances defined by the Central Election Commission voting stations can be created in the military units located outside of the settlements. In such circumstances, voting stations are shall be created within the period defined by Article 35.2 of this Code, in exceptional cases, they are shall be created at least 5 days prior to the voting day by the commanders of the military units in accordance with the decision of relevant Constituency Election Commission. Military servants from frontier troops and military servants located at the areas of military conflicts, as well as those serving under special regime, shall vote in election precincts created within their military units. In the election precincts formed in accordance with this Article, the conditions to access working rooms of election commission and voting rooms easily for all members of the Precinct election commission and superior election commissions, registered candidates and their representatives, authorized representatives of political parties and blocks of political parties and observers should be created in conformity with the rules defined by this Code.
35.6 Election precincts for organizing voting for voters located in foreign states and counting of these votes shall be created in the territories where these voters reside, by the heads of diplomatic representations or consulates of the Azerbaijan Republic, provided that number of voters registered with the consulate is more than 50, at least 30 days prior to the voting day. Such voting stations may can only be created during referenda and Presidential elections.
35.7 A list of voting stations, stating their number and borders (if voting station occupies a part of territory of a settlement), list of settlements (if voting station covers several settlements), places of Precinct Election Commission and voting stations, and telephone numbers of Precinct Election Commission should be published by the Constituency Election Commission at least 45 days prior to the voting day. Information about election precincts established within the period considered by Articles 35.4. and 35.5. of this Code should be published not later than 2 days after the day of their establishment.
35.8 Issues on publishing of the information mentioned in Articles 35.6 7 and 109 of this Code in the election precincts established outside of the Republic of Azerbaijan and information to be published should be managed by the heads of relevant diplomatic representations or consulates, by taking. into account the local conditions should be taken into account.

Article 36. Formation of Precinct Election Commissions
36.1 Precinct Election Commissions, comprising 6 members, are shall be formed by the relevant Constituency Election Commission. If Precinct Election Commissions are established right before the elections (referenda) then they must be formed at least 40 days prior to the voting day.
36.2 Candidacy of 2 members to Precinct Election Commission shall be presented by the members of the Constituency Election Commission who represent the political party, deputies of which constitute majority in the Milli Majlis. Candidacy of other 2 members to Precinct Election Commission shall be presented by the members of the Constituency Election Commission who represent the political parties, deputies of which constitute minority in the Milli Majlis, and candidacies of the next 2 more members be presented by the members of the Constituency Election Commission who represent the non-partisan deputies of the Milli Majlis. Candidates to the Precinct Election Commission can be presented by local branches of relevant political parties to the members of the Constituency Election Commission representing political parties, and by voters (voters’ initiative groups) to the members of the Constituency Election Commission representing non-partisan deputies of the Milli Majlis. The candidates must should be the citizens of the Republic of Azerbaijan, who permanently or mostly reside within territory of the relevant election constituency.
36.3 No more than 2 members of the Precinct Election Commission can be in municipal service. Such members shall be involved in the Precinct Election Commission’s work for the elections (referendum) period only, and their main office shall be preserved.
36.4 If a candidate is not presented to Precinct Election Commission 45 days prior to the voting day, the candidacy shall be presented by members of the Central Election Commission representing court authorities.If Precinct Election Commissions are created immediately before the elections (referendum), they should be organized at least 40 days before the Voting Day.
36.5 Precinct Election Commission members shall obtain verification cards in accordance with the rules defined by the Central Election Commission
36.6 Each registered candidate, political party, block of political parties, initiative groups of voters shall have the right to appoint one observer to the Precinct Election Commission from the time the Precinct Election Commission commences its work and until the voting results are made official. Such observers shall not be required to be registered in the order, specified in Article 40.7 of this Code.
36.7 In cases provided for in Articles 35.4 and 35.5 of the Code, in election precincts with number of voters less than 100 and more than 50, and those located in impassable places, the Precinct Election Commissions can be formed by open vote at general meetings of voters. In such case, composition of the Precinct Election Commission can be approved by the Constituency Election Commission.

Article 37. Duties of the Precinct Election Commission
37.1 The Precinct Election Commission shall perform the following duties during preparation and conduct of referendum, elections of deputies to the Milli Majlis, Presidential elections and elections to municipalities:
37.1.1. informs the public about the address of the Precinct Election Commission, its telephone number, business hours, and also about date and place of voting;
37.1.2. approves and specifies the voters list; displays this list for voters information; distributes (delivers) de-registration cards to voters; examines applications about mistakes and errors on the voters list and makes relevant changes;
37.1.3. ensures preparation that of the voting place for voting, as well as the ballot box and other equipment are ready for the voting process;
37.1.4. based on the information from a superior election commission informs the voters about the issues to be discussed by a referendum, about the registered candidates and the list of registered candidates;
37.1.5. controls compliance with the rules for pre-election and pre-referendum campaigning within the territory of the election precinct;
37.1.6. issues de-registration cards for voting;
37.1.7. organizes voting on the voting day at the election precinct;
37.1.8. determines the voting results for the election precinct, counts votes and submits delivers the protocols on voting results to the Constituency Election Commission;
37.1.9. examines complaints on violation of requirements of this Code within its powers and makes appropriate grounded decision based on complaints;
37.1.10. ensures preservation of documents on preparation and conduct of elections in accordance with the rules approved by the Central Election Commission and of their submission in accordance with the relevant rules;
37.1.11. performs other duties in conformity with this Code.

Article 38. Ensuring of Functioning of a Member of the Precinct Election Commission
38.1 The Chairman, Secretaries and Members of a Precinct Election Commission shall be provided with 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 Precinct Election Commission receives from his/her permanent place of employment, serving at the structures, enterprises, organizations or institutions funded from either the state or local budget, shall be preserved.A member of the Precinct Election Commission will be provided with salary from the State budget, during his/her term of office. Two elected members of the Precinct Election Commission, which are in municipal service, shall be paid 50% of salary amount identified for members of the Central Election Commission during the elections period, provided that their salary from their permanent office is preserved.
38.2 Within a period of 30 days prior to the voting day the member of the Precinct 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. A member of the Precinct 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 Precinct Election Commission shall immediately inform the relevant district prosecutor and the Constituency Election Commission about the matter.

Article 39. Organization of the Functions of the Precinct Election Commission
39.1 The Precinct Election Commission shall build its activity on regulations for Precinct Election Commissions, verified by the Central Election Commission.
39.2 The Secretariat of the Precinct Election Commission shall build its activity on the Charter verified by the Central Election Commission.
39.3 Decisions of the Precinct Election Commission shall be made as follows, during the commission’s meeting:
• by a majority of votes cast for by of at least 4 members, if attended by 6 or 5 members;
• by a majority of votes cast for byof at least 3 members , if attended by 4 members.

39.2 Decisions of the Precinct Election Commission are signed by its chairperson and secretaries. If decisions of the Precinct Election Commission are not signed by the persons mentioned above then they should be signed by members who voted for those decisions.
39.3
39.4 Decision of the Precinct Election Commission must should be published within at latest 12-hour period.


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