Approved by Decision # 23-9
of the Central Election Commission
of the Republic of Azerbaijan
dated on August 24, 2009
COMMENT
on the rule for completing final protocol of the Constituency Election Commission on the voting results in the Municipal Elections
The rule for completing the protocol (Appendix # 1 made to the Comment) of the Constituency Election Commission (Con.EC) on the voting results in Municipal Elections shall be determined according to Articles 107 and 238 of Election Code of the Republic of Azerbaijan (hereafter referred to as Election Code), as well as to the Comment.
Immediately after providing the Con.EC chairman with the first copies of the protocols of Precinct Election Commissions (PEC) on the voting results and other appropriate documents attached to them by the PEC chairpersons and two members representing various political parties, by the request of the Con.EC chairman, the Con.EC commissioners shall examine if the submitted documents meet requirements of Article 106.7 of the Election Code of the Republic of Azerbaijan, if there is any incompatibility in the voting results. Later, the information on the vote calculation shall be included in the Con.EC final protocol on the voting results on the relevant municipalities.
Note: While compiling the protocol, data of each item shall be separately indicated, the numbers shall be typed in words and figures. One shall not be allowed to write the protocol by pencil and make any amendments in it. As it is prohibited to make amendments in the official protocol, firstly, its draft copy shall be compiled.
While compiling Con.EC final protocol on the voting results, the following items shall be successively completed after the expression in the protocol “The Con.EC has determined the voting results on the relevant municipality within the Con.EC by generalizing all the information included in the PEC protocols on the voting results”.
The line “Number of Precinct Election Commissions (PEC) on the municipality” of the Con.EC protocol should contain the number of precincts existing and recently established on relevant municipalities.
“Number of protocols submitted by PECs” should contain the number of protocols submitted by other PECs excluding precincts where the voting was invalid.
The line “Number of PEC protocols adopted as basis for compiling Con.EC protocol” should contain the number of protocols entered by precincts where the voting on the relevant municipality was valid (excluding protocols submitted by PECs where the voting results were invalid).
The line “Number of precincts where the voting results were considered invalid” should contain the number of precincts where the voting on the relevant municipality was valid, but the results were considered invalid.
The line “Number of precincts where the voting was invalid” should contain the number of precincts where at the result of natural calamities, other inevitable events, as well as law violations committed during the conduct of elections or determining voting results did not allow to define voters’ will or when the final protocol wasn’t compiled because of the court decision.
The protocol should be completed in the following order:
Item # 1 of the protocol – General number of voters included in the voters list on the municipality.
(1=1a+1b)
a) number of voters in voters list;
b) number of voters in supplementary voters’ lists.
The sum of the figures in “a” and “b” semi-items of the first item of the PEC protocols shall be indicated in the relevant semi-items of the first item of this protocol. The sum of these figures shall form the figure in the first item of this protocol and this figure shall be written in the relevant column.
Item # 2 of the protocol – number of voters who got de-registration cards
The figures in the item # 2 of PEC protocols are summed up and indicated in this item.
Item # 3 of the protocol – number of ballot papers provided to PEC by the Con.EC on the municipality
(3=4+5+6)
Sum of the figures in the item # 3 of PEC protocols on the relevant municipality should be indicated in this item. This figure should be equal to the number of ballot papers given to PECs on the relevant municipality by the Con.EC, by compiling relevant act (if while compiling Con.EC protocol, protocols received from the precincts of constituencies on the relevant municipality were taken as basis).
As in the equitation in the brackets (3=4+5+6), the figure in this item should be equal to the sum of figures in items # 4 (the number of the voters who got ballot papers), # 5 (the number of the ballot papers canceled without having been used) and # 6 (the number of the spoilt ballot papers).
Item # 4 of the protocol - the number of the voters who got ballot papers
(4=4a+4b+4c)
a) outside of the voting rooms;
b) in the voting rooms - based on voters' lists (permanent or temporary) and the number of the signatures included in supplementary voters' lists
c) in voting rooms with de-registration cards.
Sum of the figures in "a", "b", "c" semi-items of the item # 4 of PEC protocols should be indicated in relevant semi-items of item # 4 of the protocol. Sum of these figures should be equal to the figure in item # 4 of the protocol and this figure should be written in the relevant column.
Item # 5 of the protocol - number of ballot papers canceled without having been used
This item should include the sum of figures in item # 5 of PEC protocols.
Item # 6 of the protocol - number of spoilt ballot papers
This item should contain the sum of figures in item # 6 of PEC protocol.
Item # 7 of the protocol - number of ballot papers t in ballot boxes (with the exception of undefined ballot papers*)
(7=7a+7b); (7≤4); (7=8+9)
a) in portable ballot boxes (7a≤4a);
b) in stationary ballot boxes (7b≤4b+4c).
Relevant semi-items of item # 7 of the protocol should contain the sum of figures in semi-items "a" and "b" of this item of the PEC protocol. The sum of these figures should make figure of item # 7 of the protocol and this figure should be written at relevant column. The figure in semi-item # 7a shall be less or equal to the figure in semi-item # 4a and the figure in semi-item # 7b shall be less or equal to the sum of the figures in semi-items # 4b and 4c. According to the equality shown in brackets (7≤4), the figure of item # 7 should be equal to or less than the number of item # 4. The figure of the item # 7 shall be equal to the sum of the figures in the item # 8 (the number of invalid ballot papers) and in the item # 9 (the number of valid ballot papers) (7=8+9).
Item # 8 of the protocol – number of invalid ballot papers (number of the ballot papers without any sign in squares on the right of the candidates’ surnames or the ballot papers in the defined form with the signs more than the number of the municipality members to be elected).
The sum of the figures in the item # 8 of PEC protocols shall be indicated in this item.
Item # 9 of the protocol – number of valid ballot papers (number of the ballot papers in the defined form with the signs equal or less than the number of the municipality members to be elected in squares on the right of the candidates’ surnames).
The sum of the figures in the item # 9 of PEC protocols shall be indicated in this item.
Item # 10 of the protocol – number of valid votes (the number of the votes in valid and legally completed ballot papers in the defined form)
(10=11)
* An act on the number of undefined ballot papers taken from ballot boxes while counting the votes shall be made acts and added to this protocol on voting results.
The sum of the figures in the item # 10 of PEC protocols shall be indicated in this item. As in the equitation in the brackets (10=11), the figure in this item shall be equal to the sum of the item # 11 (distribution of the valid votes among the candidates to municipality membership).
Item # 11 of the protocol – distribution of valid votes among candidates to the municipality membership
In this item of the protocol, surname, name and patronymic of the candidate to municipality membership included in the ballot paper should be written in succession as in the ballot paper, in alphabetical order and the number of votes for each candidate should be indicated in words and figures. Sum of votes for each candidate in the PEC protocol should be indicated in words and in figures in the column for the number of votes for this candidate of the Con.EC protocol. Sum of the votes shall be written in the down of the tabulation and this figure shall be equal to the item # 10 (number of valid votes). Otherwise, then protocol shall be considered invalid.
Item # 12 of the protocol – Candidates elected to the municipality membership
This item should contain the surname, name and patronymic of the candidate elected municipality member.
The candidates who participated in elections and collected much votes of the voters shall be considered elected members of the relevant municipality equal to the number of the municipality members.
Completing date and time of the protocol should be indicated after the whole completion of the protocol.
Final protocol on the voting results shall be signed by at least 2/3 part of the general number of the Con.EC members having decisive rights. It should be prohibited to sign the incomplete or not fully completed protocols. Con.EC member who does not agree with the protocol in whole or its separate parts can attach to it his/her specific opinion by signing the protocol. At this time, the protocol should contain relevant note on this.
Pursuant to Article 107.4 of Election Code, the following election documents should be attached to final protocol of the Con.EC on the voting results and immediately, but not later than 2 days since the voting day, should be sent to Central Election Commission under the accompany of the Con.EC Chairman and two members representing various political parties:
1) first copy of the Con.EC protocol;
2) complaints (applications)related to the violation of the Election Code, entered the Con.EC on the voting day and decisions concerning these adopted by the Con.EC;
3) act on providing ballot papers to the Con.EC by Central Election Commission of the Republic of Azerbaijan (Appendix # 2);
4) act on the cancel of the unused ballot papers in Municipal Elections (Appendix # 3);
5) act on the issuance of de-registration (voting) cards for voting and cancel of unused voting cards (Appendix # 4).
The above-mentioned acts should be signed by the Con.EC chairman and secretaries.
Approved copies of the complaints (applications), Con.EC decisions and the above-mentioned acts should be attached to the second copy of the protocol.
Note: 1. When compiling the protocol, if there any mistake was allowed (inclusion of false information, erasing and other) and at the result, it is impossible to define the voters’ will, then after receiving the protocol, the relevant Con.EC shall adopt decision on re-count of votes in this precinct. Re-count of votes shall be conducted by the Con.EC members having decisive rights, they compile protocol on the voting results on this polling station and sing it, sealed by the Co.EC stamp and this protocol should contain the words “re-count of votes”. This protocol shall also be attached the PEC protocol. The final Con.EC protocol shall include the information in the protocol on this precinct compiled by the Con.EC.
Note: 2. When compiling the Con.EC protocol, if there any mistake was allowed (inclusion of false information, erasing and other), then the Con.EC shall make this case official by its decision, shall compile relevant act on this and shall submit the protocol together with this act to Central Election Commission within the period implied by law.
An act on the number of undefined ballot papers taken from ballot boxes while counting the votes shall be made acts and added to this protocol on voting results.
