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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.
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