Approved by Decision # 23-8
of the Central Election Commission
of the Republic of Azerbaijan
dated on August 24, 2009

COMMENT

on the rules for completing final protocol of Precinct Election Commission on the voting results

Rules for completing final protocol on the voting results of the Precinct Election Commission  (Appendix # 1 made to this Instruction) shall be defined by Articles 106 and 237 of the Election Code of the Republic of Azerbaijan (hereafter referred to as Election Code) as well as by this Instruction.
Final protocol of the Precinct Election Commission (PEC) on the voting results shall be compiled by the members of PEC with decisive right. Persons indicated in Article 40.2 and 40.4 (members of election commissions, registered candidates on the relevant election commission and their authorized representatives/agents , the authorized representatives/agents of political party, bloc of political parties as well as citizens of the Republic of Azerbaijan who got the status of observer and international observers) may observe the compiling of protocol.
Note: while compiling the protocol, all information from each of the items shall be written separately, numbers shall be written in words and numbers. It is prohibited to complete the protocol by pencil or to make any corrections on it. Due to prohibition of making corrections on official protocol, a d r a f t copy of it shall be completed first. The information in the items # 1-6 of the protocol shall be written before opening the ballot boxes.

A protocol shall be completed according to following rules:
Item # 1 - the total number of voters in voters' lists on the precinct
(1=1a+1b)

The item # 1 shall include the number of voters included in the voters' list of the precinct election commission (1a) and the number of voters in the supplementary voters' list whose suffrage was ensured on voting day due to the decision of the precinct election commission (1b) (based on the relevant approving documents (permanent or temporary) and supplementary voters' lists). At the same time, the sum of the figures in semi-items # 1a and 1b shall form the number indicated in item # 1 and there should be relevant equation. (1=1a+1b).
Item # 2 - the number of voters who got de-registration cards
This item includes the number of voters included in permanent (or temporary) voters' lists, but who got de-registration cards within the period defined by law.

Item # 3 - the number of ballot papers submitted by ConEC to PEC
(3=4+5+6)

This item includes the number of ballot papers submitted to the PEC by the act of the ConEC. This act should be the basis for entering these numbers.
The equation in the brackets (3=4+5+6) , i.e. the figure of item shall form the sum of item # 4 (the number of voters who got ballot papers), the item # 5 (the number of cancelled ballot papers without being used) and the item 6 (the number of spoilt ballot papers).

Item # 4 - the number of voters who got ballot papers
(4=4a+4b+4c)

These semi-items include the number of voters who got ballot papers outside the voting room of relevant PEC (4a), the number of voters who accepted ballot papers in the voting room based on the voters' lists (4b) and who got ballot papers with de-registration cards (4c). The sum of these figures is a number of the item 4 and this number should be entered to the relevant line.

Item # 5 - the number of cancelled ballot papers without being used

The number of the canceled ballot papers without being used shall be included in this item based on the relevant act (unused ballot papers are counted by the commissioners of the PEC by the observation of observers in the voting room before opening ballot boxes and are cancelled by cutting their right corner. The number of these ballot papers shall be declared and indicated in the final protocol. The cancelled ballot papers are separately collected and packed. An act on cancellation of unused ballot papers is compiled).

Item # 6 - the number of spoilt ballot papers

This item includes the number of spoilt ballot papers on the basis of relevant act (If the voter appeals to the PEC member on the spoil of the ballot paper for any reason, the member of commission shall compile the relevant act and put in the envelope implied for this by cutting half the spoilt ballot paper. After the voting, the additional act shall be compiled on the total of the spoilt ballot papers and these ballot papers shall be separately packed).

Item # 7 - the number of ballot papers in ballot boxes (with the exception of undefined ballot papers* )
(7=7a+7b)  (7 ≤ 4) (7=8+9)

The ballot boxes shall be opened one by one and the number of defined ballot papers in portable and stationary ballot boxes shall be included separately to the semi-item "a" and "b" (firstly portable, then importable ballot boxes).
The sum of these numbers shall be included in the item # 7 and relevant equality should be observed between them (7=8+9). 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).

Note: Ballot papers in defined form mean the ballot papers in the form approved by the Central Election Commission, numbered, the upper left corner should be cut and right corner be sealed by the relevant PEC stamp.
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).
This item shall include the number of the invalid ballot papers due to the impossibility of determining voters’ will because of the above-mentioned bases, as well as the signs put.

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).
This item shall include the number of the invalid ballot papers due to the above-mentioned bases.

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)
This item shall include the number of the votes in the ballot papers in the defined form and legally completed (with signs put equal or less than the number of the municipality members to be elected included in the squares on the right off the candidates’ surnames and these signs allow to determine voters’ will). 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 by considering the requirements of Article 237.2.1 of Election Code of the Republic of Azerbaijan and the number of votes for each candidate should be indicated in words and figures. Distribution of the valid votes among the registered candidates shall be implemented due to the valid votes implied by only the item # 10 of the 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.

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 PEC members having decisive rights. It should be prohibited to sign the incomplete or not fully completed protocols. PEC 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 106.7 of Election Code, the following election documents should be attached to final protocol of the PEC on the voting results and immediately, but not later than 24 hours, should be sent to the Con.EC under the accompany of the PEC Chairman, two members representing various political parties and the observer:  

1) first copy of the PEC protocol;

2) complaints (applications)related to the violation of the Election Code, entered the PEC on the voting day and decisions concerning these adopted by the PEC;

3) act on providing ballot papers to the PEC by the Con.EC in Municipal Elections (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);
6) act on the number of cut left corners of the ballot papers in Municipal Elections (Appendix # 5);
7) act on the number of the spoilt ballot papers due to the errors of the citizens who voted in Municipal Elections (Appendix # 6);
8) act on the number of the ballot papers taken related to the voters’ applications for voting outside the voting room in Municipal Elections, used and returned without having been used (Appendice # 7);
9) ballot papers;
10) voters’ lists on the precinct (by adding the de-registration (voting) cards).

The above-mentioned acts should be signed by the PEC chairman and secretaries.
Approved copies of the complaints (applications), PEC 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 PEC shall make this case official by its decision, shall compile relevant act on this and shall submit the protocol together with this act to the Con.EC 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 prepared and added to the final protocol on voting results.