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Strasbourg, 12
September 2000
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Restricted
CDL (2000) 65
English only.
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EUROPEAN COMMISSION
FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
THE
LAW OF THE AZERBAIJAN REPUBLIC
ON
ELECTIONS TO MILLI MAJLIS
OF
THE AZERBAIJAN REPUBLIC
THE LAW OF THE
AZERBAIJAN REPUBLIC ON ELECTIONS TO MILLI MAJLIS OF THE AZERBAIJAN REPUBLIC
CHAPTER I
COMMON PROVISIONS
Article 1. Basic
Principles of Elections to Milli Majlis of the Azerbaijan Republic
1.1.
Basis
of elections to the Milli Majlis of the Azerbaijan Republic (hereafter referred
to as Milli Majlis) are defined by Article 83 of the Constitution of the
Azerbaijan Republic.
1.2.
Citizens
of the Azerbaijan Republic participate in the elections freely and voluntarily.
No one has the right to pressure a citizen of the Azerbaijan Republic to
participate or not to participate in the elections or to control his/her choice
of whom he/she votes for.
Article 2. Legislation
on Elections to Milli Majlis
2.1.
Constitution
of the Azerbaijan Republic, this law and other laws are the basis of the
legislation on elections to Milli Majlis.
Article 3. Elections
to Milli Majlis
3.1.
100
deputies of the Milli Majlis are elected as a rule on the basis of a single
representation norm of voters in single mandate election districts (one
district – one deputy). The single representation norm of voters is determined
by dividing the total number of registered voters by 100.
3.2.
25
deputies of Milli Majlis are elected on the basis of number of proportional votes
cast for the list of candidates nominated by voters associations and voters
blocks in a single multi-mandate election district.
Article 4. Suffrage of Citizens of
Azerbaijan Republic During Elections to
Milli Majlis
4.1.
On the
election day, a citizen of the Azerbaijan Republic who is 18 years old, has the
right to vote to elect a deputy to the Milli Majlis in a single multi-mandate
election district.
4.2.
On the
election day, citizens of the Azerbaijan Republic who are 18 years old and who live permanently or basically within
the territory of the relevant election district have the right to vote to elect
a deputy in a single-mandate election district.
4.3.
Citizens
of the Azerbaijan Republic who are 18 years old have the right to participate:
¨ in determination of voting and
election results;
¨ in nomination of candidates;
¨ in determination of lists of
candidates;
¨ in election campaign;
¨ in election observation and
observation of election commission’s working processes;
¨ in implementation of other election
actions
in accordance with the rules considered by this
law and other laws.
4.4.
A
citizen of the Azerbaijan Republic who is or lives outside of the territory of
the Azerbaijan Republic during the preparation and conduct of elections has the
equal right to other citizens of the Azerbaijan Republic in electing deputies
to the Milli Majlis.
Article 5.
Determination of Elections to Milli Majlis
5.1.
According
to the article 109.1. of the Constitution of the Azerbaijan Republic, a date of
new elections to the Milli Majlis is determined by the President of the
Azerbaijan Republic. Elections are determined as early as 5 months, not later
than 4 months, prior to the election day. Election day to the Milli Majlis is
considered a first Sunday after a month is left before term of office of the
old Milli Majlis is finished. Term of office of the newly elected Milli Majlis
commences from the first day it meets.
5.2.
The
Milli Majlis is considered to be elected from the date it is formed with
authorised membership after the elections. A decision on determination of
elections is published officially by the mass media at latest within 5 days
after such a decision is made.
5.3.
If an
election day (Sunday) is a holiday or pre-holiday or post-holiday day, then
election day is determined for the following Sunday.
Article 6. Right to
Nominate Candidate for Deputy of Milli Majlis
6.1.
Candidates
for deputy of Milli Majlis (hereafter referred to as candidates) can be
nominated by the voters of the relevant single-mandate election district or by
themselves.
6.2.
Candidates,
lists of candidates can be nominated by voters associations and voters blocks.
Article 7. Preparation and Conduct of
Elections to Milli Majlis by Election Commissions
7.1.
Election
commissions ensure preparation and conduct of elections to Milli Majlis
(hereafter referred to as elections), implementation and defense of citizens’
right to elect and controls if the rights mentioned above are followed, within
the powers defined by this law and other laws.
7.2.
Election
commissions do not depend on state government and local self-government bodies
in preparation and conduct of elections within the powers defined by this law
and other laws.
7.3.
Decisions
and acts adopted by the election commissions within their powers defined by
this law and other laws are compulsory for self-government bodies, candidates
for deputy, registered candidates for deputy, voters associations, voter blocks
(groups), public associations, organizations, officials and voters.
7.4.
During
preparation and conduct of elections, election commissions have the right to
use state automated information systems to inform the voters about the
following within the powers defined by this law and other laws:
¨ election preparation and conduct
processes;
¨ results of elections;
¨ sources, collection, completeness,
renewing, transfer and security of information used during preparation and
conduct of elections;
¨ provision of election commissions
with information.
Article 8. Right to
Conduct Election Campaign
8.1.
The
government ensures the citizens of the Azerbaijan Republic and political
parties with conduct of a free election campaign in accordance with this law
and other laws.
8.2.
Citizens
of the Azerbaijan Republic and political parties have the right to conduct
election campaigns through methods allowed by the law:
¨ to call people to participate in the
elections;
¨ to call people to vote for or
against any candidate or list of candidates registered by the Central Election
Commission.
8.3.
The
government defines the conditions for equal use of the mass media for election
campaign for:
¨ registered candidates for deputy;
¨ voters associations;
¨ candidates registered (in a single
list of candidates) nominated by voters blocks.
Article 9. Financing
Elections
9.1.
Preparation
and conduct of elections are financed from the state budget.
9.2.
Candidates,
voters associations and voters blocks are to create special election funds for
financing their election campaign.
Article 10.
Transparency During Preparation and Conduct of Elections
10.1.
Preparation
and conduct of elections are held openly and transparently.
10.2.
All
standard statutes and other statutes on preparation and conduct of elections
adopted by the election commissions, state government bodies, local
self-government bodies should be published, or citizens should be informed
about these by other means as a general information.
Article 11.
Prohibition of Foreigners, Persons Who Do Not Have Citizenship or Foreign Legal
Entities from Participating in the Elections
11.1.
Foreigners,
persons who do not have citizenship or foreign legal entities cannot assist
nomination of candidates, registration of candidates, election of registered
candidates or obstruct it.
CHAPTER II
ELECTION DISTRICTS AND
VOTING STATIONS
Article 12. Formation
of Single Mandate Election Districts
12.1.
100
single-mandate election districts are created on the basis of information
prepared by the relevant executive authority together with municipal bodies and
submitted to the Central Election Commission about number of voters living and
registered within the territory of the relevant election district.
12.2.
Voters
who reside outside of the Azerbaijan Republic should be registered in a
single-mandate election district. Relevant executive authority submits
information on voters who permanently live outside of the Azerbaijan Republic
or who is out for business trip for long-term period and who are registered by
the relevant diplomatic and consular representation of the Azerbaijan Republic
to the Central Election Commission. Number of voters who reside outside of the
Azerbaijan Republic and who are registered in a single-mandate election
district must be less than single representation norm of voters. Number of
voters who live outside of the Azerbaijan Republic and who have been registered
in a single-mandate election district must not exceed the number of voters
registered by the same single-mandate election district by more than 10%.
12.3.
Single-mandate
election districts should be formed by following the requirements mentioned
below:
12.3.1.
number
of voters registered in the single-mandate election districts should be
approximately equal, with a condition not to exceed the average representation
norm by more than 10%, in remote districts by more than 15%, within the borders
of territorial unit of the Azerbaijan Republic;
12.3.2.
it is
prohibited to create a single-mandate election district in the territorial
units which do not have boundaries between them.
12.4.
Borders
of municipalities should be taken into account when following the requirements
on creation of single-mandate election districts mentioned in 3rd
paragraph of this article.
12.5.
The
Central Election Commission should approve scheme and graphical description of
creation of single-mandate election districts on the basis of information on
elections at latest 150 days prior to the day of termination of powers of
functioning deputies of Milli Majlis. Scheme of creation of single-mandate
district should contain the following:
12.5.1.
name
and number of each single-mandate district;
12.5.2.
list
of administrative-territorial units included in each single-mandate election
district or list of municipalities in cities, districts, towns of the districts
(if a single mandate district includes a part of the territory of
administrative territorial unit, municipality, settlement then borders of
administrative territorial unit, municipality and settlement should be shown in
the scheme. If one single-mandate election district is created within the
territory of one administrative-territorial unit, then a list of municipalities
within this single-mandate election district is not included in the scheme of
creation of a single-mandate election district);
12.5.3.
centre
of each single-mandate election district;
12.5.4.
number
of voters registered by each single-mandate election district, number of voters
registered by each municipality which is included in the election district if
more than one election district are created within an
administrative-territorial unit;
12.5.5.
number
of voters registered by a relevant single-mandate election district (in
accordance with the 2nd paragraph of this article) if foreign
countries where voters live outside of the Azerbaijan Republic are not recorded.
12.6.
State
automated information systems can be used after single-mandate election
districts have been created and their creation scheme has been defined.
12.7.
Scheme
of single-mandate election district must be published at least 120 days prior
to the election day.
Article 13. Single
Multi-Mandate Election District
13.1.
Single
multi-mandate election districts, where deputies should be elected on the basis
of proportional number of votes cast in accordance with the list of candidates
nominated by the voters associations and voters blocks, cover all the territory
of the Azerbaijan Republic.
13.2.
According
to article 12.2. of this law, voters who have been registered by the
single-mandate election district are considered to be registered by the single
multi-mandate election district as well.
Article 14. Formation
of Precincts
14.1.
Precincts
are created for organization of voting and for the counting of votes, taking
into account number of voters registered within the territory of a
municipality.
14.2.
Precincts
are created at least 50 days prior to election day by the relevant executive
authority or head of the municipality (if charter of municipality doesn’t
consider this position, then by the relevant authorised representative of
municipality), with an agreement of Territorial Election Commissions, taking
into account local and other situations, to provide maximum convenience for
voters.
14.3.
Precincts
are established in accordance with the following:
14.3.1.
not
more than 3000 voters should be registered within each precinct;
14.3.2.
borders
of precincts must not exceed the borders of an election district.
14.4.
Precincts
are formed in the places where voters are temporarily located (hospitals, sanatoriums,
rest homes etc.); in remote districts; on the ships which sail on election day
within the period considered by article 2 of this law; in exceptional cases at
least 5 days prior to the election day. Such precincts are included in the
single-mandate election district within the territory of which they are located
or where the ship is registered.
14.5.
Military
officers vote in the regular precincts. Only in exceptional cases can precincts
be established in the military units which are outside of the populated
settlement. In such cases, precincts are established by the commanders of the
military units within the period considered by the 2nd paragraph of
this article, in exceptional cases 5 days prior to the election day in
accordance with the decision of the relevant Territorial Election Commission.
All members of the precinct or superior election commissions, registered
candidates and their representatives, authorised representatives of voters
associations or voters blocks and observers should have free access to the
working rooms of the election commissions and voting rooms.
14.6.
Precincts
for the organization of voting of the voters who are abroad and for the
counting of votes are created by the diplomatic representation or by the head
of the consular office of the Azerbaijan Republic within the territories where
voters live, at least 30 days prior to the election day. In such cases,
requirements of the article 3.1. of this law are used for determination of the
number of voters registered.
14.7.
Lists
of precincts, which numbers and borders are shown (if a precinct covers a part
of a settlement populated); lists of settlements (if a precinct is established
in several settlements); information about the location of Precinct Election
Commission; voting room and numbers of the Precinct Election Commissions are
published by the heads of municipalities (if a charter of a municipality does
not consider such a position, by an authorised representative of a
municipality) at least 25 days prior to election day, and information about
precincts established within the period mentioned by the 4th and 5th
paragraphs of this article are published at latest within 3 days after they
have been established.
14.8.
Issues
on publishing the information on precincts (mentioned in paragraph 7 of this
article) established outside of the Azerbaijan Republic are solved by the
diplomatic representation or head of the consular office of the Azerbaijan
Republic, taking into account local situations.
CHAPTER III
VOTERS LISTS
Article 15. Compilation
of Voters Lists
15.1.
A
relevant Precinct Election Commission prepares list of voters for precinct in
accordance with the forms defined by the Central Election Commission.
15.2.
Voters
list are prepared by the election commissions at least 26 days prior to election
day on the basis of information on voters provided by the relevant executive
authority, heads of municipalities (if a charter of a municipality does not
consider such a position, by an authorised representative of a municipality),
commanders of military units as well as heads of the offices where voters
located temporarily.
15.3.
Voters
lists of the precincts established in remote districts are prepared by the
Precinct Election Commission on the basis of information on voters provided by
the relevant executive authority or head of the municipality (if a charter of a
municipality does not consider such a position, by an authorised representative
of a municipality) at least 25 days prior to election day; in exceptional cases
2 days after the Precinct Election Commission has been formed.
15.4.
List
of voters (military persons within the military unit, military persons’ family
members who live within the territory of the military unit and other voters)
for the precincts established within the territories of the military unit are
prepared by the Precinct Election Commission on the basis of information on
voters provided by the commanders of military units at least 25 days prior to
election day.
15.5.
Lists
of voters located temporarily in sanatoriums, hospitals, rest homes and other
places, or on a ship are prepared by the relevant Precinct Election Commission
on the basis of information on voters provided by the heads of the offices
where voters are located temporarily or by the captain of the ship prior to
election day.
15.6.
The
voters list for an election precinct created outside of the Azerbaijan Republic
is prepared by the relevant Precinct Election Commission on the basis of
information on voters provided by the diplomatic representation or head of the
consular office of the Azerbaijan Republic at least 25 days prior to election
day.
15.7.
State
and municipal officials mentioned in paragraphs 2-6 of this article collect and
correct information on voters in accordance with the rules defined by the
Central Election Commission and then submit this information to the Territorial
Election Commission at least 60 days
prior to election day; if other rules are not considered by this law.
15.8.
The
voters lists are prepared in 2 copies. Information on the voters who have been
included in the voters lists should be in alphabetical order (settlements,
streets, buildings, apartments etc.). The voters list contains voter’s name,
surname, father’s name, year of birth (for voters 18 years old – date and month
of birth), permanent address or address of a place where he/she mostly lives.
15.9.
State
automated information systems can be used when preparing the voters list. The
voters lists are typed by typing machine; only in exceptional cases they are
written by hand.
15.10.
First
copy of the voters lists prepared in accordance with the paragraph 2 of this
article is transferred to the Precinct Election Commission at least 25 days
prior to election day with a relevant document on accept-transfer. The second
copy is preserved by the Territorial Election Commission and it is used in
accordance with the rules defined by the Central Election Commission. The
voters list for the district is verified by the chairperson and secretary of
the Territorial Election Commission.
15.11.
The
voters list for the election precincts created in accordance with the article
14.4.-6 is verified by the chairperson and secretary of the Precinct Election
Commission.
15.12.
The
Precinct Election Commissions, after they receive the voters lists, examine
the changes to be made on the voters
list from the requests of voters or changes necessary to be made in accordance
with the article 17 of this law, as well as on the basis of relevant documents
provided by the officials, municipalities, marriage registration office, bodies
which register citizens addresses and living places.
15.13.
A
person who provides information on voters is responsible for accuracy,
completeness and in time provision, in accordance with the rules defined by the
legislation.
Article
16. Rules for Inclusion and Exclusion of Citizens In and From the Voters
List
16.1.
All
citizens of the Azerbaijan Republic who
are eligible to vote are included in the voters list.
16.2.
A residence of a voter or the fact that a voter is residing permanently
or mostly within the territory of the relevant election precinct, defined by
the body which registers residence are the sufficient bases for including the
voter on the voters list for that precinct.
16.3.
Military
officers who reside outside of the military unit are included in the voters
list for their district of residence in accordance with common bases. Bases for inclusion
of military officers in the military unit, their families and other voters who
reside within the territory of the military unit, in the voters list, can be a
fact on permanent or mostly residing, defined by the bodies which register the
citizens of the Azerbaijan Republic in accordance with their residing place, or
by order of commander of military unit on inclusion of military person in the
military staff.
16.4.
The
fact that a person is residing outside of the Azerbaijan Republic permanently or mostly or the fact that a
voter is on long-term business trip determined by the diplomatic representation
or head of the consular office of the Azerbaijan Republic is the basis for
including the voters who live outside of the Azerbaijan Republic or are on a long-term business trip on the
voters list.
16.5.
The
voters who are in hospitals, sanatoriums, rest homes and other temporary places
are included on the voters list on the basis of document which confirms that
he/she has been de-registered, ID or other document which substitutes it.
16.6.
Citizens
of the Azerbaijan Republic recognized as refugees or internally displaced
persons (IDP) or persons who have already applied to get a status of refugee or
IDP are included on the voters list for the district they are temporarily
placed on the basis of ID or a document which substitutes it, as well as the
relevant documents provided by the relevant executive authorities.
16.7.
Citizens
of the Azerbaijan Republic who are
eligible to vote and who are abroad due to invitation, business or official
trip or tourism are included on the voters list on the basis of ID or a
document which substitutes it and card for voting which they submit when coming to the election commission room.
16.8.
The voters who reside within the territory of the election precinct or voters who have not been included
on the voters list for any reason, after the voters list has been submitted for
public display, are included on the voters list by the Precinct Election
Commission on the basis of ID or other document which substitutes it, if
necessary other documents which confirm that the voter lives mainly within the
territory of that election precinct.
16.9.
A
voter can be included in the voters list for one precinct only.
16.10.
A
voter can be excluded from the voters
list on the basis of official documents, as well as of a voting card provided
to the voter for voting in accordance with the rules defined by this law, after
voters lists are verified by the chairperson and secretary of the Territorial
Election Commission. In such cases, date and reason for voters exclusion from
the voters list should be recorded in the voters list. These facts are verified
by the chairperson of the Precinct Election Commission. When issuing a voting
card, it should be verified by the commission members who have issued it.
16.11.
It is
prohibited to make any changes to the voters list after voting has been
finished and votes are being counted.
Article 17. Public
Display of Voters Lists
17.1.
The
voters list is submitted for public display or for making additional corrections at least 20 days
prior to election day.
17.2.
A
citizen of the Azerbaijan Republic who is eligible to vote has the right to
inform the relevant election commission if he/she is not included in the voters
list, about errors or mistakes he/she found in the voters list. The Precinct
Election Commission must check the information provided within one day from
when it is received; on election day – within a 2 hour period. Before the
termination of voting, the Precinct Election Commission must examine the appeal
and documents presented, correct errors and mistakes or must provide a written
rejection of the appeal for revision (with reasons) to the voter.
17.3.
A
complaint about a decision of the Precinct Election Commission can be filed
with the superior election commission or to the court within the territory of
which the Precinct Election Commission is located. Such complaints should be
investigated within 3 days, 3 days prior to the election day or immediately on
the election day. If the decision is in favour of the claimant’s application,
this decision must be implemented immediately by the Precinct Election
Commission.
CHAPTER IV
ELECTION COMMISSIONS
Article 18. System of Election
Commission for the Elections to Milli Majlis and Their Status
18.1.
The
following bodies prepare and conduct elections:
18.1.1.
Central
Election Commission;
18.1.2.
Territorial
Election Commission;
18.1.3.
Precinct
Election Commission.
18.2.
Powers and rules for functioning of the
elections commissions for the elections to Milli Majlis are defined by this and
other laws.
18.3.
Decisions
made by the superior election commissions within their powers are compulsory
for the subordinate election commissions.
18.4.
Election
commissions must examine information on the violations of the law during the
election processes within their powers, investigate this information and answer
prior to election day or next day after election day. If facts mentioned in the
requests require additional investigations, a relevant decision on these facts
can be made not later than 10 days. Election commissions can request to the
legal enforcement bodies to prevent violations of the election law and to hold
relevant investigations. Law enforcement bodies must take necessary measures in
accordance with the rules defined by the law within 5 days, on the election day
or the next day after the election day. If matters need additional
investigations, this period can be prolonged for 10 days.
18.5.
The
election commissions must inform the voters about periods and rules for
implementation of voters actions, candidates and registered candidates, voters
associations and voters blocks.
18.6.
Election
commissions decisions which are in breach of the legislation or exceed its
powers can be overturned by the superior election commission or by the court.
In such cases superior election commissions can make a decision on the essence
of the point.
18.7.
State
bodies, state organizations and municipalities and their officials must:
¨ assist the election commissions in
the election processes;
¨ provide them with necessary
compartments free;
¨ organize their protection;
¨ protect ballot papers, voting cards
and other election documents;
¨ provide them with transport and
communication, equipment, information and materials;
¨ answer their requests within 5 days,
if there are less than 5 days left to the election day prior to election day,
immediately on the election day.
TV and Radio Company and periodicals
mentioned in the article 52.1. of this law should allocate airtime and pages in
the periodicals for publishing necessary materials of the election commissions
and to inform the voters, in accordance with the rules defined by this law and
other laws. Expenses of TV and Radio Companies and periodicals (except the
organizations and periodicals which are on state property) are paid from the
relevant funds of the state budget. Organizations which are not mentioned in
the 7th paragraph of the current article of this law, as well as TV
and Radio companies, periodicals, their officials must:
¨ provide the election commissions
with necessary information and materials;
¨ answer the requests of the election
commission within 5 days; if there are less than 5 days left to the election
day - prior to election day, immediately - on the election day.
Article 19. Formation
of Territorial Election Commission
19.1.
A
Territorial Election Commission is
formed by the Central Election Commission at least 90 days before the election
day. Members of the Territorial Election Commission cannot be members of any political party. The chairperson, deputy
chairperson and secretary of a Territorial Election Commission are elected in a secret ballot at the first
meeting of the members of the commission, by a simple majority of vote.
19.2.
Territorial
Election Commission members are chosen,
in accordance with the rules defined by the Central Election Commission, by
casting lots among candidates, as a rule with higher education, who have been
nominated by public associations, local branches of political parties and local
voters meetings in the relevant territory. Lots are cast amongst the candidates
nominated by local public associations, local branches of political parties and
local voters’ meetings when the number of above mentioned candidates is not less
than 12. In other cases candidates for member of a Territorial Election
Commission are nominated by the Central
Election Commission to make their
number up to the required minimum for the casting of lots. At least 120 days
prior to the election day, the Central Election Commission approves samples of forms to be provided by
these candidates stating that they were nominated by local public associations,
local branches of political parties or local voters meetings, to be a member of
the Territorial Election Commission.
19.3.
Members
of Territorial Election Commissions are issued relevant cards by the Central
Election Commission.
Article 20. Formation
of Precinct Election Commissions
20.1.
Precinct
Election Commissions, comprised of 7 members, are formed by the relevant
Territorial Election Commission, at least 50 days prior to election day.
20.2.
Precinct
Election Commission members must not be a member of any political party.
20.3.
Precinct
Election Commission members are chosen, according to the rules defined by the
Central Election Commission, by casting lots among candidates, as a rule with
higher education, who have been nominated by local public associations, local
branches of political parties and local voters meetings in the relevant
territory. Lots are cast amongst the candidates nominated by local public
associations, local branches of political parties and local voters meetings
when the number of abovementioned candidates is not less than 10. In other
case, other candidates to make the number up to required number are nominated
by the relevant Territorial Election Commission. At least 80 days prior to
election day, the Central Election Commission
approves samples of documents to be provided by these candidates stating
that they were nominated by local public associations, local branches of
political parties or a local voters meeting to be a member of the Precinct Election Commission.
20.4.
The
chairperson, deputy chairperson and secretary of the Precinct Election
Commission are elected in a secret ballot at the first meeting of the members
of the commission, by simple majority vote.
20.5.
In the
precincts created in the ships which sail under the flag of the Azerbaijan
Republic, the Precinct Election Commissions are formed by the captain of the
ship in accordance with the period defined by this law, in exceptional cases at
least 5 days prior to election day.
20.6.
Precinct
Election Commissions outside of the Azerbaijan Republic are formed by the
diplomatic representation or head of the consular office of the Azerbaijan
Republic.
20.7.
Precinct
Election Commission members are issued relevant cards in accordance with the
rules defined by the Central Election Commission.
20.8.
Each
member of a political party, voters association, voters block or initiative
group of voters have the right to appoint an observer to the election precincts
from the time voting commences, including until the commission has finalized
the voting result documents for the election.
Article 21. Appointing a Member with a
Consultative Right to the Election Commission
21.1.
Voters
associations and voters blocks which have registered their list of candidates
at the Central Election Commission can appoint a member with a consultative
right to the Central Election Commission, to each Territorial and Precinct
Election Commissions.
21.2.
A
candidate registered by the single-mandate election district can appoint a
member with a consultative right to the
Territorial Election Commission by which he/she is has been registered.
Also, he/she can appoint a member to each Precinct Election Commission of the
single mandate election district by which he/she has been registered.
21.3.
Voters
associations and voters blocks which have nominated a registered candidate
(except the case mentioned in the paragraph 1 of this article) can appoint a
member with a consultative right to the Territorial Election Commission and a member to each Precinct Election
Commission of that territory.
21.4.
A
commission member with a consultative right receives an official card by the
Central Election Commission.
Article 22. Status of
Election Commission Member
22.1.
The
following persons cannot be a member of the election commission with a decisive
vote right:
¨ elected members or officials of
executive authorities of state or municipalities;
¨ judges, prosecutors;
¨ candidates;
¨ authorised representatives or agents
of registered candidates, voters associations and voters blocks;
¨ election commission members who have
consultative vote;
¨ direct dependants of candidates,
registered candidates;
¨ spouses of above mentioned persons
or close relatives of their spouses (children, parents, adopted children,
brothers, sisters, grandchildren, grandfathers, grandmothers);
¨ close relatives of candidates,
registered candidates.
22.2.
By
direct dependent this law considers official relations between supervisor and
subordinator, including supervisor’s ruling-instructing powers upon the
subordinator. It means that the first has the right to employ, to dismiss, to
give instructions, orders which are to be implemented, to reward and to take
disciplinary measures.
22.3.
A
member of one election commission with a decisive vote cannot be a member of
another election commission with a
decisive vote.
22.4.
Powers
of members of election commission with a decisive vote are finished when powers of the same election commission
finish; except members of the Central Election Commission.
22.5.
The
appointment of the election commission member with a decisive vote can be
terminated by an appropriate resolution, before the end of his/her term of
office, within one month, but during the preparation and conduct of elections
within 3 days, in the following circumstances:
22.5.1.
if
he/she provides a written notice of resignation;
22.5.2.
in
case of circumstances mentioned in paragraphs 1 and 3 of this article;
22.6.
Powers
of the election commission member with a decisive vote can be terminated before
the end of his/her term of office, in the following circumstances:
22.6.1.
if
he/she is no longer a citizen of the Azerbaijan Republic;
22.6.2.
if
he/she is officially sentenced by the court;
22.6.3.
if
he/she is subject to an official resolution of the court regarding disability,
mental incapacity, death or disappearance;
22.6.4.
if
he/she dies;
22.6.5.
if a
court approves (based on information provided by the relevant election
commission) that election commission member does not perform his/her duties
regularly.
22.7.
A new
member to replace the one who has been dismissed from the membership of the
election commission and who has a decisive vote is appointed not later than a
month, during preparation and conduct of elections – at latest within 10 days
period, in accordance with the rules of this law.
22.8.
Permanent
chairpersons, deputy chairperson, secretaries and members of the election
commissions are accountable for violation of this law in accordance with the
legislation of the Azerbaijan Republic on officials.
22.9.
A
permanent election commission member who has decisive vote cannot be a state or municipal official,
serve in state or municipal bodies, be busy with owners activity, be busy with
other paid activity except scientific and creative activity.
22.10.
An election
commission member with a decisive vote cannot be indicted for a crime or be
subjected to administrative penalties determined by a court, without permission
of the relevant prosecutor during preparation and conduct of elections.
22.11.
During
the term of office, an election commission member with a decisive vote, and a
commission member with a consultative right during the period election
commission is functioning, cannot be transferred to another position without
their own agreement on the initiative of their employers.
22.12.
A
commission member who has consultative right to vote has the following rights
equal to other members’ except the following right:
¨ to issue ballot papers and voting
cards;
¨ to count ballot papers;
¨ to cancel ballot papers and voting
cards;
¨ to vote while making a decision on
the issues which are within the powers of the election commission;
¨ to sign a decision of a relevant
election commission. His/her activity is paid from the funds allocated for the
election commission.
22.13.
Election
commission members with decisive vote and consultative right:
22.13.1.
are
informed in time about the meetings of the relevant election commission;
22.13.2.
proposes
motions on issues within the powers of the commission, to deliver speeches in
the meeting of the commission and demand voting on these issues;
22.13.3.
can
question other participants of the election commission meeting about the issues
on agenda and get answers to them;
22.13.4.
can
get familiarized with each document and material (including voters lists,
ballot papers), with materials of subordinate election commissions, can obtain
copies of those materials and documents (except voters list, signature sheets,
ballot papers and voters cards), can get familiarized with documents and
materials which are not considered to be commercial or other secret.
22.13.5.
can
file complaints to the superior election commissions or court about the
decision and actions of the election commission.
22.14.
Term
of office of the commission member who has the consultative right is in effect:
¨ until registration of candidates
(list of candidates) for the next elections is finished;
¨ if a registered candidate who
appointed him/her has been elected or;
¨ candidates nominated by voters
associations or voters blocks participate in distribution of deputy mandates.
Term of office of other election
commission members with a consultative right is finished 30 days after general
results of election are officially published. But if a superior election
commission receives complaints about the decisions (actions) of subordinate
election commission, if rules for voting or vote count have been violated, if a
court is investigating these facts, their term of office is terminated after
superior election commission or court makes a decision on these complaints.
22.15.
Term
of office of the commission member who has consultative right can be terminated
by a decision of a candidate or a body which appointed him/her before the end
of his/her term of office or it can be transferred to another person.
Article 23. Power of
Central Election Commission During Elections to Milli Majlis
23.1.
The
Central Election Commission implements the following powers during preparation
and conduct of elections to Milli Majlis:
23.1.1.
supervises
the activity of election commissions;
23.1.2.
controls
the process that ensures Azerbaijan Republic’s citizens’ rights to vote are
followed during the preparation and conduct of elections, and ensures the equal
application of this law;
23.1.3.
prepares
and approves draft of creation of single-mandate election districts;
23.1.4.
organizes
registration of voters who live in the Azerbaijan Republic, based on
information provided by executive authorities, in accordance with the draft on
creation of single-mandate election district;
23.1.5.
adopts
instructions and other standard statutes (acts) concerning the implementation of
this law;
23.1.6.
provides
election commissions with legal, methodological, technical and organizational
assistance;
23.1.7.
supervises
the activity of election commission with a purpose of providing with equal
usage of state automated information system;
23.1.8.
registers
voters associations and voters blocks;
23.1.9.
approves
single list of candidates nominated by voters associations and voters blocks;
23.1.10.
registers
single list of candidates nominated by voters associations and voters blocks;
23.1.11.
publishes
general list of registered candidates;
23.1.12.
registers
voters associations’, voters blocks’ authorised representatives and
representatives on financial affairs, agents;
23.1.13.
issues
cards in a defined format to the candidates, agents, authorised representatives
(on financial affairs) of voters associations and voters blocks in a single
multi-mandate election districts;
23.1.14.
ensures
if requirements of election campaigning for all candidates, registered
candidates, voters associations and voters blocks are followed;
23.1.15.
approves
samples of election ballot papers, voters lists and other election documents,
ensures preparation and protection of them;
23.1.16.
approves
samples of election commission stamps;
23.1.17.
approves
rules for preserving election documents and transferring them to archive;
23.1.18.
distributes
the funds allocated from the state budget for financing the elections, controls
expenditure for this purposes, usage of election funding entered candidates’,
registered candidates, voters associations and voters blocks funds;
23.1.19.
ensures
equal allocation of air time for election campaigning of voters associations
and voters blocks and registered candidates;
23.1.20.
approves
rules for technical supply for subordinate election commissions and controls if
they are followed;
23.1.21.
informs
the voters on period and rules for implementation of election actions and on
election processes;
23.1.22.
controls
if election commissions are provided with rooms, transportation and
communication; resolves other issues on material-technical supply of elections;
23.1.23.
investigates
complaints received about subordinate election commissions’ or their officials’ decisions and actions
(omissions), makes a decision on these complaints based on evidence;
23.1.24.
determines
elected deputies amongst the candidates registered by single-mandate election
district and candidates included in the single list of candidates nominated by
voters associations or voters blocks in single multi-mandate election district
and issues relevant cards to them;
23.1.25.
determines
general results of elections in the Azerbaijan Republic and publishes them
officially;
23.1.26.
prepares
list of elected deputies and submits these lists and other necessary documents
to Milli Majlis;
23.1.27.
organizes
repeated elections or elections to fill vacancies;
23.1.28.
performs
other duties according to this and other laws.
Article 24. Powers of
Territorial Election Commission
24.1.
The
Territorial Election Commission has the following powers:
24.1.1.
controls
the implementation of this law within its territory;
24.1.2.
ensures
if requirements of election campaigning for all candidates, registered
candidates, voters associations and voters blocks, defined by this and other
laws, are followed within its territory;
24.1.3.
ensures
equal usage of state automated information system within its territory;
24.1.4.
transfers
election ballot papers to the Precinct Election Commissions;
24.1.5.
transfers
election cards and other election documents to the Precinct Election
Commissions;
24.1.6.
distributes
funding allocated for preparation and conduct of elections amongst the Precinct
Election Commissions, controls expenditure for election purposes and
expenditure of election funds of candidates, registered candidates, voters
associations and voters blocks;
24.1.7.
names
the Precinct Election Commission within its territory and numbers the voting
stations in accordance with single rules;
24.1.8.
preserves
and transfers to archives the election documents according to the rules
approved by the Central Election Commission;
24.1.9.
receives
information on preparation and conduct of elections provided by relevant
executive authorities and municipalities;
24.1.10.
informs
the voters about period and rules for implementation of elections actions
during the elections;
24.1.11.
coordinates
the activity of Precinct Election Commissions, examines complaints received
about the decisions or actions (omissions) of these commissions and their
officials, and makes substantiated decisions on these complaints;
24.1.12.
ensures
receipt of information about candidates nominated for the relevant
single-mandate election district, publishes information about registered
candidates;
24.1.13.
registers
candidates nominated for single-mandate election district and their agents,
issues them cards in a defined format;
24.1.14.
ensures
if requirements of election campaigning, defined by this and other laws, for
all candidates, registered candidates, voters associations and voters blocks
are followed within its territory;
24.1.15.
determines
the results for single-mandate and multi-mandate election districts; informs
the Central Election Commission about election results for single-mandate and
multi-mandate election districts; publishes general information from the
protocols of the Precinct Election Commissions according to the rules defined
by this law;
24.1.16.
controls
if Precinct Election Commission are provided with rooms, transportation and
communication, if relevant decisions on material-technical support are
performed;
24.1.17.
conducts
repeated and additional elections;
24.1.18.
performs
other duties according to this law.
24.2.
Term
of office of the Territorial Election Commission for elections to Milli Majlis
is finished when a new Territorial Election Commission for new elections to
Milli Majlis meet for the first time.
24.3.
Powers
of Territorial Election Commission are terminated 15 days after general results
of elections are published by the Central Election Commission, if complaints on
decisions (actions, omissions) of these commissions have been received, rules
for voting and vote count have been violated and if all these facts are not
being investigated by court. If a
complaint on results of voting has been filed, powers of Territorial Election
Commission are terminated after the Central Election Commission or court makes
an appropriate decision.
Article 25. Powers of
Precinct Election Commission
25.
The
Precinct Election Commission has the following powers:
25.1.1. informs
the public about the address of the Precinct Election Commission, its telephone
number, business hours, and also about voting day and voting station location;
25.1.2. makes
accurate the voters list; prepares and makes accurate the voters lists in the
cases mentioned in the article 15.3-6 of this law, displays this list for
voters information; examines applications on mistakes in the voters list and
makes relevant changes on it;
25.1.3. ensures
preparation of place for voting, ballot box and other equipment;
25.1.4. informs
the voters about the list of registered candidates and candidates provided by
the superior election commission;
25.1.5. controls
compliance with the rules for election campaigning within the territory of
electoral precinct;
25.1.6. issues
a voting card;
25.1.7. organizes
voting on election day as well as voting before the election day in cases
considered by this law;
25.1.8. determines
the voting results for the electoral precinct, counts votes and presents
protocols on voting results to the Territorial Election Commission;
25.1.9. examines
complaints on violation of this law within its powers and makes appropriate
decision on it;
25.1.10.
ensures preservation of documents on
preparation and conduct of election and transfer of them within relevant rules,
according to the rules defined by the Central Election Commission;
25.1.11.
performs other duties according to this
law.
25.2.
If complaints on decisions (actions,
omissions) of these commissions have been received, rules for voting and vote
count have been violated and if all these facts are not being investigated by
the court, powers of the Precinct Election Commission are terminated 10 days
after final results of elections are published by the Central Election
Commission. If a complaint on results
of voting has been filed, powers of Precinct Election Commission are terminated
after the superior election commission or court makes an appropriate decision.
Article
26. Transparency in the Activity of the Election Commissions
26.1.
Members of the same or superior election
commissions, registered candidates or candidates registered due to a single
list or their authorised representatives or agents, authorised representatives
or agents of voters associations and voters blocks have the following rights:
¨ to
be present in the meetings of any election commission as well as in count of
votes;
¨ to
be present in all relevant operations processed with ballot papers, voters
lists, voting cards, protocols on voting results, protocols on election results
in the Precinct and Territorial Election Commissions and to get familiarized
with the documents mentioned above.
Persons
mentioned above are not required an additional permission of the election
commission for attendance in the meetings of relevant commissions or for
getting familiarized with the abovementioned documents. A relevant election
commission ensures access of abovementioned persons to the locations where
elections documents are being processed and votes are being counted.
Representatives of the mass media have the right to be present in the meetings
of election commissions, in the processing of abovementioned election documents
and counting of votes.
26.2.
The relevant election commission informs
the following about the time of processing election documents and election
commission meetings:
¨ superior
election commissions;
¨ each
candidate registered for single-mandate election district, their agents and
authorised representatives;
¨ agents
of voters associations, voter blocks which have registered their candidates;
¨ agents
of candidates registered in the single list.
26.3.
Representatives of parties interested
have the right to be present in the election commission while investigating the
relevant complaints.
26.4.
Election commissions inform each
registered candidate and public about the following:
¨ biographies
of registered candidates;
¨ results
of registrations;
¨ list
of candidates;
¨ other
information about the candidates received by the election commissions;
26.5.
Persons mentioned in the first paragraph
of this article, as well as observers and international observers can observe
all processes implemented within the electoral precinct, as well as recount of
votes from time the Precinct Election Commission commences work on election
day, including until information on receipt of protocols on voting results has
been provided by the superior election commission if voting had been conducted
before the election day.
26.6.
Observers, international observers,
representatives of mass media can observe determining voting results and final
results of elections, completing protocols on voting results and final results
of elections, as well as the recount of votes in the relevant election
commissions.
26.7.
All
election commission members, persons mentioned in the first paragraph of
this article and observers should be ensured with an access to voting rooms of
the electoral precincts established in military units, hospitals, sanatoriums,
rest houses, isolations for persons under investigation and other places where
people are located temporarily.
26.8.
Candidates registered for the
single-mandate election district, each of the voters associations and voters
blocks with single list of candidates which have been registered, and public
associations can appoint an observer to the relevant Precinct Election
Commission to observe the process in the voting room on election day or during
the voting conducted before the election day, within the period mentioned in
the paragraph 5 of this article.
26.9.
Observers should have a written document
containing his/her surname, name, father’s name, address, name of election
commission he/she is assigned to, as well as a written document approved by the
candidate interests of who the observer represents and who has been registered
for single-mandate election district, voters associations and voters blocks.
This document is valid only it is supported by the passport or other document
which substitutes it. Precincts do not have to be advised in advance of
observer’s visits.
26.10. Documents
mentioned in the paragraph 9 of this article can be submitted to the election
commission any time from the time a relevant election commission has its first
meeting, including protocols on voting results, on final results of elections,
and on results of the recount of votes.
26.11. Observers
as well as international observers have the following rights:
26.11.1.
to become familiar with voters lists;
26.11.2.
to be present in the voting room of the
electoral precinct any time within the period mentioned in the paragraph 5 of
this article;
26.11.3.
to observe issue of ballot papers to the
voters;
26.11.4.
to observe voting using mobile ballot
box;
26.11.5.
to observe the counting of votes,
counting of ballot papers and canceled ballot papers; to observe the counting
of votes from the defined distance in a condition which allows to observe the
process; to look through the ballot papers while counting of votes; to become
familiar with the documents mentioned in the paragraph 5 of this article,
protocols of the election commissions on voting results and election results
and other documents;
26.11.6.
to give comments and suggestions to the
chairperson of the Precinct Election Commission about the organization of
voting, if he/she is not available, to a person who assumes the chairperson’s
powers;
26.11.7.
to make a copy and obtain copies of
protocols on voting results and final election results, documents prepared by
the election commissions or additional documents received by the election
commissions within the period mentioned in paragraph 5 of this article; to
become familiar with the list of voters who have voted; election commission
should verify the copies of abovementioned documents on the request of observer
or provide observer with verified copies of abovementioned documents;
26.11.8.
to file complaints about actions
(omissions) or decisions of Precinct Election Commissions or other election
commissions directly with superior election commissions or the court;
26.11.9.
to be present during the recount of voters’
votes in the relevant election commissions.
26.12. The
observer is prohibited:
26.12.1.
to issue ballot papers to the voters;
26.12.2.
to sign for a ballot paper on behalf of
voter who requests it;
26.12.3.
to mark a ballot paper on behalf of a
voters who requests it;
26.12.4.
to participate directly in the counting
of ballot papers together with the commission members who have decisive vote;
26.12.5.
to obstruct the work of an election
commission;
26.12.6.
to conduct election campaigning among the
voters;
26.12.7.
to participate in making decision by the
relevant election commission.
26.13. Representatives
of the mass media can become familiar with the protocols on voting results and
final election results of all election commissions, obtain and make a copy of
the relevant election commissions’ decisions, protocols and other documents
attached to them. The election commission should approve the copies of
decisions, protocols on voting results and on election results on the request
of the representatives of the mass media.
26.14. Chairperson
or a person who assumes his/her powers, commission members with a decisive vote
who has relevant powers or a secretary can verify copies of protocols and other
documents of election commissions. In such cases, abovementioned person first
records “matches with original” on a copy, then signs it, stamps it with a
stamp of relevant election commission and puts date of verification.
26.15. Commission
members with a decisive vote and observers who are present in voting and
counting of votes can have signs and pins which do not campaign and which shows
status of representation.
Article 27.
International (foreign) observers
27.1.
International
(foreign) observers (hereafter referred to as international observers) get a
relevant permission to come to the Azerbaijan Republic in accordance with the
rules defined by the law or with an invitation. They are registered by the
Central Election Commission.
27.2.
Milli
Majlis of the Azerbaijan Republic, relevant executive authorities and Central
Election Commission can invite them after a decision on determination of elections
has been published officially.
27.3.
International,
government and non-government organizations, which have a relevant reputation
in the field of protection of human and civil rights and freedom can propose
motions on inviting international observers.
27.4.
The
Central Election Commission issues a specific card to the international
observer based on the document submitted by him/her. This card allows the
international observer to function during the preparation and conduct of
elections.
27.5.
Functions
of international observers are regulated by this and other laws.
27.6.
The
term of office of international observers commences from the time they are
registered by the Central Election Commission and finished on the day general
results of the elections are officially published.
27.7.
The
international observer functions independently and freely, his/her activity is
financed by the side which send him/her or from the international observer’s
personal funds.
27.8.
International
observers are under the security of the government while they are within the
territory of the Azerbaijan Republic. Election commissions, state government
bodies, and municipalities are to render necessary assistance to them.
27.9.
International
observers can conduct press conferences on election legislation, on preparation
and conduct of elections and make statements to the mass media after election
day.
27.10.
International
observers have the right to meet with candidates, registered candidates,
authorised representatives of voters associations and voters blocks, agents of
registered representatives, voters associations, voters groups.
27.11.
International
observers cannot use their status for the activities not related to election
campaigning, preparation and conduct of elections.
27.12.
The
Central Election Commission can cancel the registration of the international
observer if the latter violates law and international legal standards.
Article 28.
Organization of the Functions of Election Commissions
28.1.
Election
commissions function in a collegial form.
28.2.
A
relevant election commission conducts its first meeting not later than 5 days
after its commission members with a casting voter right have been appointed. At
least two thirds of election commission members with a decisive vote must be
present in meetings of election commissions to be valid.
28.3.
The
chairperson, deputy chairperson and secretary of the election commission are
elected in a secret ballot, at its first meeting among the members with a
decisive vote.
28.4.
Meetings
of the election commissions are called with a request of chairperson, deputy
chairperson (with a request of chairperson), as well as by one third of
commission members with a decisive vote.
28.5.
An
election commission member with a decisive vote is to participate in all
meetings of the election commission.
28.6.
Meetings
of election commissions are valid if attended by majority of commission members
with a decisive vote.
28.7.
Decisions
on the following issues are made by the majority of votes of all election
commission members with a decisive vote:
¨ selection of chairperson, deputy
chairperson, secretary of the election commission;
¨ dismissal of them;
¨ financing preparation and conduct of
elections;
¨ registration of candidates;
¨ canceling of candidates
registration;
¨ results of elections and final
results of voting;
¨ void or invalid elections;
¨ cancel of decisions of the
subordinate election commissions.
28.8.
Decisions
on other issues of the election commission are made by the majority of votes of
election commission members with decisive vote present at the meeting of the
election commission.
28.9.
If a
vote is tied when making a decision of the election commission, the chairperson
of the election commission has the casting vote.
28.10.
With
the request of election commission members, as well as of the superior election
commission member present at the meeting, voting is conducted on the issues
included in approved agenda, which is within the powers of the election
commission.
28.11.
Minutes
of all meetings of the election commissions should be recorded; all documents
received by the election commission should be registered.
28.12.
The
chairperson and secretary of the election commission sign decisions and minutes
of the meetings.
28.13.
If
election commission members do not agree with a decision of the election
commission, they can record their opinion in writing and this is noted in the
protocol of the election commission. This opinion should be sent to the
superior election commission by the chairperson not later than 3 days, on
election day and the next day – immediately.
28.14.
Election
commissions can hire part time employees by contract based on funds allocated
from the budget, in request to preparation and conduct of elections.
28.15.
TV and
Radio companies mentioned in the article 52.2 allocate 15 free minutes for
Central Election Commission, TV and Radio companies mentioned in the article
52.3 of this law allocate not less than 10 minutes for the Territorial Election
Commissions, not less than 5 minutes for the Precinct Election Commissions
during the preparation and conduct of elections, weekly, for them to explain election
legislation; to inform population about rules for implementation of necessary
election activity and its period, election campaign; to answer the voters
questions.
28.16.
Within
the week mentioned in the article 52.2. of this law, periodicals published no less
than once a week allocate not less than one page of weekly issue for the
Central Election Commission free during preparation and conduct of elections.
Within a week mentioned in the article 52.3. of this law, periodicals published
not less than once a week allocate not less than one page of weekly issue for
the Territorial Election Commission during preparation and conduct of
elections, for Precinct Election Commissions – not less than half of a page of
weekly issue. The election commissions use these pages to inform the voters
about explanation of law, rules and period for performing election activities
of voters, candidates, registered candidates, voters associations and voters
blocks, election campaigning and to answer the voters questions.
CHAPTER V
VOTERS ASSICIATIONS
AND VOTERS BLOCKS
Article 29. Voters
Associations
29.1.
Voters
associations which have common political ideas, participate in the political
life of the country participate in the elections to Milli Majlis as voters
associations. A political party which is established in accordance with the
legislation of the Azerbaijan Republic, which has obtained a defined
certificate confirming its registration by a relevant executive authority at
least 6 months prior to the announcement of election day, which intends to
participate in the elections must be registered by the Central Election
Commission as a voters association.
29.2.
The
voters association must be registered within 3 days starting from the day a
political party submits its decision on creating a voters association to the
Central Election Commission.
29.3.
A
document on registration of voters association is presented to an authorised
representative who represents a political party and who has an approved power
of attorney in accordance with the rules defined by legislation.
Article 30. Voters
Block
30.1.
At
least two political parties which have been registered as voters associations
in accordance with the article 29 of this law can create voters blocks. A
political party which is a member of voters block cannot function as a voters
association independently, or cannot be included in another voters block. A
decision on which voters block the voters association intends to join is
adopted in its conference, indicating name of the voters association. After
adoption of a relevant decision authorised representatives of voters
associations sign joint decisions on establishment of voters blocks.
30.2.
An authorised representative of a voters
block submits the following documents to the Central Election Commission for registration:
30.2.1.
copies
of charters of political parties, verified by the notary office, which enter
voters block;
30.2.2.
minutes
of conference of voters association together with a decision on entering the
voters block;
30.2.3.
a
joint decision on establishment of voters block signed by the authorised
representatives of voters associations and verified by the stamp of these
associations.
30.3.
The
registration of voters blocks should be completed at latest within 5 days
starting from the day they submit relevant documents. A single list of
candidates nominated for single multi-mandate election district can be
submitted together with abovementioned documents within the period of time
mentioned above.
30.4.
The
voters blocks can be refused registration if the following requirements are not
met:
¨ documents mentioned in the paragraph
2 of this article are not prepared correctly;
¨ documents are not complete;
¨ voters associations which intend to
be joined in voters block do not meet the requirements of article 29 of this
law.
30.5.
No
other voters association can be included in the voters block after the latter
has been registered by the Central Election Commission.
Article 31. Name and
Emblem of Voters Association and Voters Block
31.1.
Voters
associations and voters blocks submit a brief information about their full and
abbreviated names to the Central Election Commission. The name of a voters
association is considered to be a name shown in the charter of the political
party.
31.2.
The
name of a voters block is defined in the meeting of voters associations joined
in that block. The name of a political party which is not included in that
block (regardless of whether it participates in the elections) and the names of
voters blocks which have participated in previous elections cannot be used. If
a new registered voters block doesn’t include majority of voters associations
which it included during previous elections, a newly established voters block
cannot be named by its previous name. Name and surname of a physical entity can
be used only after he/she indicates in writing his/her consent.
31.3.
Voters
associations and voters blocks must submit their emblems to the Central
Election Commission together with their
single list of candidates for registration. In this case, voters associations
must submit the emblem of same political party or other emblem (except
registered emblems of other political parties, emblems of other voters
associations and voters blocks used for current or previous elections) to the
Central Election Commission for approval. A voters block can submit a
registered emblem of any voters association included in it or other emblem
except the same emblems used for previous elections or being used for current
elections by other voters associations and voters blocks (taking into account 2nd
paragraph of this article). Emblems of voters associations and voters blocks
must not violate patent rights, trademark rights; insult state emblems of the
Azerbaijan Republic and other
countries, religious emblems; violate common moral norms. Voters association,
voters block must come to an agreement with the Central Election Commission
about usage of name, which should not be more than seven words, and emblem in
the election documents.
31.4.
It is
not allowed to change names and emblems of voters association and voters blocks
during the election processes.
Article 32. Authorised
Representatives of Voters Associations and Voters Blocks
32.1.
Voters
associations and voters blocks appoint their authorised representatives in
respect to participation in elections, as well as to financial issues in
accordance with this law.
32.2.
The
authorised representatives are appointed by a decision of joint meeting of
voters associations included in voters block, or by a body authorised by their
(VA included in VB) conferences.
32.3.
The
authorised representative of a voters association or voters block implements
his/her functions on the basis of a document containing the following:
¨ his/her powers;
¨ his/her name, surname, father’s
name, date of birth;
¨ the batch and serial number of his/her
identification document (or a document which substitutes);
¨ his/her living place;
¨ his/her working place;
¨ his/her occupation or position (if
he/she does not have them – type of activity).
The authorised representative on
financial issues implement his/her functions on the basis of decision mentioned
in the 2nd paragraph of this article containing the followings:
¨ samples of financial documents;
¨ samples of stamps for financial
documents.
32.4.
The
list of authorised representatives appointed by the voters associations and
voters blocks should be submitted to the Central Election Commission. The list
of other authorised representatives is submitted to the Territorial Election
Commissions, too, except the list of voters associations’ and voters blocks’
authorised representatives on finance. The list of authorised representatives
should contain the followings:
¨ name, surname, father’s name, birth
date of each authorised representative of voters association and voters block;
¨ the batch and serial number of their
identification document (or a document which substitutes it), date of its
issue;
¨ address;
¨ main working place and position
(type of activity – in case if they don’t have them);
¨ telephone number.
The relevant list submitted to the
Central Election Commission should be attached with each authorised
representative’s written consent.
32.5.
Voters
association and voters block can terminate powers of authorised representative
with a decision of authorised body of voters association and voters block,
informing him/her about this in writing.
32.6.
The
authorised representatives of voters associations and voters blocks who still
work for government or municipal bodies cannot abuse their powers and positions
or occupations during election processes.
32.7.
Term
of office of the authorised representatives of voters associations and voters
blocks commences from the day they are appointed and ends by the finish of
status of all candidates, list of candidates nominated by voters associations,
and voters blocks; not later than general results of elections are officially
published.
Article 33.
Participation of Voters Association and Voters Block in the Elections
33.1.
Voters
associations and voters blocks participate in the elections to Milli Majlis in
accordance with the rules defined by this law and equal basis.
CHAPTER VI. NOMINATION OF CANDIDATES FOR
DEPUTY OF MILLI MAJLIS AND THEIR REGISTRATION
Article 34. Direct
Nomination of Candidates by Voters
34.1.
Citizens
of the Azerbaijan Republic who have an active
right to vote can nominate candidates for single-mandate election district
within its territory.
34.2.
Citizens
of the Azerbaijan Republic who have an
active right to vote and who are 21 years old on election day can nominate
candidates for single-mandate election district.
34.3.
Nomination
of candidates commences not earlier than official publication of a decision on
determination elections, but from the day of official publication of scheme of
approved single-mandate election districts.
34.4.
Nomination
of candidates for single-mandate election districts for repeated or additional
elections is implemented after a decision on determination of this elections
has been officially published.
34.5.
An
initiator (initiators) (hereafter referred as initiator) who nominates a
candidate for a single-mandate election district informs the relevant
Territorial Election Commission about
his/her initiative in writing. This document should contain the following
information about each initiator:
¨ name, surname, father’s name;
¨ birth date, address;
¨ batch and serial number of
identification document (or a document which substitutes it);
¨ candidate’s surname, birth date,
main working place and position (type of activity if he/she does not have
them);
¨ address.
34.6.
A
candidate sends his/her written consent (application) to the relevant
Territorial Election Commission, saying that
he/she undertakes to terminate his/her
functions if they exceed the functions of a deputy, together with a
document mentioned in the paragraph 5 of this article. This document contains
the following information: name, surname; birth date; address; education; main
working place and position (type of activity if he/she doesn’t have working
place and position). If these candidates have been sentenced and if it is not
canceled or served, they must note name and number of a relevant article of the
Criminal Code of the Azerbaijan Republic; if a candidate has done an action
which requires a criminal accountability abroad and if the same action requires
accountability according to the Criminal Code of the Azerbaijan Republic, a
name of that law should be recorded as well. Besides the citizenship of the
Azerbaijan Republic, this document should contain information about if a
candidate has foreign citizenship or obligations in foreign countries.
34.7.
A
candidate nominated by the voters can give his/her consent to be nominated for
only one single-mandate election district.
34.8.
A
candidate nominated by the voters can add the following information to the
application at least 6 months prior to announcement of election day:
¨ about party affiliation;
¨ about his/her status based on the
document certifying his/her status in his/her political party’s management.
In such cases a candidate comes to
an agreement with a Territorial Election Commission about naming his/her political party with not more than 7 words.
34.9.
If
establishment of the Territorial Election Commission has not been finished
before nominating candidates, initiator’s document, agreements of relevant
candidates and other document are sent to the Central Election Commission. The
Central Election Commission submits
these documents to the Territorial Election Commission after it has been formed
and a chairperson has been selected.
34.10.
The
relevant election commission should inform the initiators in writing about
receipt of submitted documents, according the requirements of this law.
Article 35. Nomination of Candidates by
Voters Associations and Voters Blocks for Single-Mandate Election District
35.1.
Voters
association adopts a decision on nomination of candidates for a single-mandate
election district in its conference.
35.2.
Each
voters association, voters block cannot nominate more than one candidate for a
single-mandate election district.
35.3.
A
decision on nomination of candidate for a single-mandate election district for
repeated or additional elections can be made by a permanent management of a
voters association (if a charter of a relevant political party does not
prohibit that) after a decision on determination of elections is published.
35.4.
Candidates
nominated by the voters block for a single-mandate election district should be
approved in the conference by secret ballot of each voters association which is
included in that voters block. A decision on nominating these candidates by the
voters block is made in the meetings of voters associations. Authorised
representatives, who have the powers to approve list of candidates nominated
for a single-mandate election district in the meeting of representatives of
voters associations included in voters block, are determined at the conference
of voters association.
35.5.
Nomination
of candidates by voters associations and voters blocks for a single-mandate
election district commences after an approved scheme of single-mandate election
district is published officially, but not earlier than official publication of
a decision on determination of elections.
35.6.
A
decision of meeting of voters association and voters block on nomination a
candidate is recorded in the minutes of the meeting. The minutes contain the
following:
35.6.1.
number
of persons registered for participation in the conference;
35.6.2.
required
number of participants for adoption of a decision considered by the agreement
on the creation of a voters block;
35.6.3.
a
decision on nominating a candidate and the results of voting on this decision
(list of candidates nominated for single-mandate election district should be
attached);
35.6.4.
date
of adoption of a decision.
35.7.
The
list of candidates nominated for a single-mandate election district should contain name and number of election
district for which each candidate has been nominated. The list of candidates
nominated by voters association should be verified by the management of the
voters association (by manager’s signature and association’s stamp).
If a list of candidates is nominated
by the voters block, a decision on nominating a candidate should be approved by
each voters association which is included in the voters block. The list of
candidates nominated by the voters block is verified by the signatures of
authorised representatives of voters block and by the stamps of each voters
associations which are included in the voters block.
35.8.
Voters
block and voters association have the right to change a single-mandate election
district, with a consent of the candidate and registered candidate, for which
they have nominated a candidate, at least 65 days prior to election day, based
on the decision of their authorised bodies. They send a written information
about this to the Central Election Commission and to relevant Territorial
Election Commission. Voters block and voters association have the right to
nominate the same candidate for a single multi-mandate election district, who
has been listed in the list of candidates nominated for a multi-mandate
election district, with his/her consent, at least 65 days prior to election
day, based on the decision of their authorised bodies. The Central Election
Commission and the Territorial Election Commission should be informed about
this. The authorised body of voters association and voters block makes a
decision on this.
35.9.
Voters
associations, voters block and voters association included in the voters list
can nominate candidates who are not members of those political parties.
Article 36. List of Candidates Nominated
by Voters associations and voters blocks for a Single Multi-Mandate Election
District
36.1.
A
decision of the voters association on nominating a list of candidates for a
single multi-mandate election district is adopted by secret ballot at the
conference of the voters association.
36.2.
A
decision of voters block on nominating list of candidates (hereafter referred
to as single list of candidates) for a single multi-mandate election district
is adopted by a secret ballot at the conference of voters association included
in the voters block. Decision of the voters association is approved by the
representatives who are authorised to make a decision on nomination of a single
list of candidates on behalf of voters block in the voters block’s conference.
36.3.
Nomination
of single list of candidates by voters associations and voters blocks is
implemented after a decision on determination of elections is officially
published.
36.4.
The
minutes of the voters block’s and voters association’s conference on nominating
a single list of candidates is recorded and it contains the following:
36.4.1.
number
of registered participants;
36.4.2.
required
number of participants for adoption of decision, according to agreement on
establishment of voters block and charter of voters association;
36.4.3.
a
decision on nominating a candidate and results of voting on this decision (a single
list of candidates should be attached);
36.4.4.
date
of adoption of a decision.
36.5.
Voters
association, voters block and a voters association included in the voters block
can nominate a candidate who is not a member of this political party.
36.6.
A
single list of candidates nominated by the voters association is verified by
the signature of head of the association and stamp of it. If a list of
candidates is nominated by a voters block, a decision on nominating a candidate
by a voters association is verified by voters association (head’s signature and
association’s stamp), a single list of candidates nominated by voters block is
verified by signatures of authorised representatives of voters block and stamps
of voters associations included in voters block.
36.7.
Rules
for recording candidates in the single list are defined by voters block.
36.8.
Candidates
nominated by voters associations and voters blocks for a single-mandate
election district cannot be included in the single list of candidates.
36.9.
Total
number of candidates in a single list nominated by voters association and
voters block should not be more than 30.
Article 37. Submission
of Lists of Candidates Nominated by Voters Association and Voters Block and
Other Election Documents to the Central Election Commission
37.1.
Authorised
representatives of voters associations and voters blocks submit the list of
candidates and single list of candidates nominated by voters associations and
voters blocks for single-mandate election district to the Central Election
Commission. These lists should contain the following information about the
candidates:
¨
name,
surname;
¨
date
of birth;
¨
education;
¨
main
working or serving place;
¨
occupation
or position (type of activity if he/she does not have them);
¨
address;
¨
party
affiliation, with his/her consent, if he/she joined any registered political
party 6 months prior to the announcement of election day;
¨
his/her
status or legal status in political party.
List of candidates should be
submitted to the Central Election Commission in a format defined by it. It
should be typed and prepared in a way easy to read.
37.2.
Authorised
representative of voters association submits the following documents together
with the lists of candidates:
37.2.1.
copy
of certificate on registration of political party verified by the notary
office;
37.2.2.
copy
of charter (in force) of political party verified by the notary office;
37.2.3.
decision
of voters associations (adopted at its conference) on nominating candidates and
minutes of that meeting;
37.2.4.
powers
of attorney of authorised representatives issued in accordance with the rules
of this law.
37.3.
Authorised
representative of voters block submits the following documents to the Central
Election Commission:
37.3.1.
decisions
of voters associations included in voters block on nomination of candidates
(adopted at their conferences) and minutes of relevant meetings;
37.3.2.
a
decision adopted at the meeting of representatives of voters associations
(which are included in voters block) on nominating list of candidates and
minutes of relevant meetings;
37.3.3.
powers
of attorney of authorised representatives of voters block issued in accordance
with requirements of this law.
37.4.
Besides
the documents mentioned in paragraphs 1-5 of this article, authorised
representatives of voters associations and voters blocks must submit a candidate’s
application containing his/her consent and undertakings for termination of
his/her powers if he/she exceeds them after he/she is elected as a deputy. This
application should contain also the following information about the candidate:
¨
name,
surname;
¨
date
of birth;
¨
address;
¨
education;
¨
main
working or serving place;
¨
occupation
or position (type of activity if he/she does not have them);
¨
party
affiliation, with his/her consent, if he/she joined any registered political
party 6 months prior to the announcement of election day;
¨
his/her
status in political party.
If these candidates have been
sentenced and if it is not canceled or served, they must note name and number
of a relevant article of the Criminal Code of the Azerbaijan Republic; if a
candidate has done an action which requires a criminal accountability abroad
and if the same action requires accountability according to the Criminal Code
of the Azerbaijan Republic, a name of that law should be recorded as well.
Besides the citizenship of the Azerbaijan Republic, this document should
contain information about if a candidate has foreign citizenship or obligations
in foreign countries. If a candidate has been
sentenced and if it is not served or canceled, this information should be
recorded in the list.
37.5.
A
candidate nominated by the voters association and voters block can be included
in only one single list of candidates and cannot be nominated for a
single–mandate election district at the same time.
37.6.
The
Central Election Commission examines the documents within 3 days and submits
its decision to the authorised representatives, on approval or rejection from
approving the list of candidates and single list of candidates nominated for
single-mandate election district. If a voters block has submitted documents
required for registration of voters block together with a list of candidates,
in accordance with the rules mentioned in article 30 of this law, the Central
Election Commission examines all
submitted documents not later than 5 days.
37.7.
The
Central Election Commission can refuse to submit copy of approved candidates
list to voters association and voters blocks if documents mentioned in
paragraphs 1-4 of this article have not been prepared in a required form and if
rules for nomination of candidates have been violated.
37.8.
Voters
association and voters block can file a complaint about refusal of receipt of
documents and submission of copy of candidates list with the Supreme Court.
This complaint should be examined within 3 days by the Supreme Court.
37.9.
No changes
can be made in the list of candidates or single list of candidates nominated
for a single-mandate election district, after they have been submitted to the
Central Election Commission except for the following:
¨ in order of names of candidates (in
the list);
¨ if voters association and votes
block withdraws the candidate based on his/her own request;
¨ if a candidate dies;
¨ in cases mentioned in the article
35.8. of this law.
37.10.
Voters
associations and voters blocks which have nominated candidates for a single-mandate
election district must submit the following documents together with a decision
on nominating candidates to the Territorial Election Commission:
¨ minutes of relevant meeting;
¨ copy of list of candidates nominated
for a single-mandate election district approved by the Central Election
Commission;
¨ candidate’s application with his
consent to be a candidate for a single-mandate election district.
This application should contain
information and candidate’s undertakings mentioned in the paragraph 4 of this
article.
37.11.
The
Central Election Commission and Territorial Election Commissions should create
necessary conditions for receiving information about the relevant candidates.
Article 38. Insurance
of Equal Status for Candidates
38.1.
Except
the cases defined by this law, all candidates have equal rights and
obligations. Candidates who are government or municipal officials cannot abuse
their positions to have superiority.
38.2.
The
following actions are considered abuse of position and occupation by this law:
38.2.1.
to engage
state or municipal officials who are employees of candidates with an activity
which assists to be nominated as a candidate or to be elected as a deputy,
during their working hours;
38.2.2.
to use
the buildings of state or municipal bodies for being nominated as a candidate
or for being elected as a deputy, if other candidates or registered candidates
cannot use these buildings with equal conditions;
38.2.3.
to use
communication, information and telephone services of state bodies,
organizations or municipalities for collecting signatures and for election
campaigning;
38.2.4.
to use
transport, which is state or municipal property, free or with privileged
conditions to assist to be nominated as a candidate or to be elected as a
deputy (abovementioned cases do not concern the persons who use the transport
in accordance with the legislation of the Azerbaijan Republic “On State
Protection”);
38.2.5.
to
engage state or municipal officials to collect signatures or to conduct
election campaign during their business trips;
38.2.6.
to use
mass media mentioned in article 52.1. of this law for collecting signatures or
for election campaigning with privileged conditions.
38.3.
The
following cannot implement charitable activities during the election
campaigning processes:
¨ candidates;
¨ voters associations and voters
blocks which have nominated candidates;
¨ authorised representatives of voters
associations included in voters block and of voters blocks;
¨ their founders, owners;
¨ legal entities who are persons
mentioned above;
¨ other physical or legal entities
which are functioning on the request of abovementioned persons.
Abovementioned persons and
organizations are prohibited to be requested from the following:
¨ to render financial assistance to
other physical and legal entities;
¨ to render financial assistance to
voters or organizations or to render service to them.
Physical and legal entities are
prohibited from charitable activities on behalf of the voters association,
voters block and their authorised representatives or a candidate.
Article
39. Rules for Collecting Voters Signatures to Support Candidates Nominated
Directly by Voters
39.1.
Collection
of signatures in support of candidates nominated directly by voters starts in
accordance with the article 34 of this law, from the day a relevant Territorial
Election Commission is informed about this.
39.2.
At
least four thousand signatures in support of a candidate should be collected
within the territory of election district a candidate has been nominated for.
If an election is conducted before its determined time, at least two thousand
signatures should be collected in support of candidate.
39.3.
Signature
sheets are prepared in a format mentioned in “Annex 1” which is attached to
this law. Each signature paper should contain: candidate’s working or service
place, occupation or position (type of activity), address, name and number of
election district he/she is nominated for. If a candidate has been sentenced
and it is not served or canceled, the signature sheet should contain name and
number of the article of Criminal Code of the Azerbaijan Republic due to which he/she is sentenced, or name of
relevant legislation of foreign country.
39.4.
The signature paper contains candidate’s
party affiliation and his/her status in this party which has been recorded in
his/her application in accordance with articles 34.6 or 37.4 of this law.
Article 40. Collecting Signatures in
Support of Candidates Nominated by Voters Associations and Voters Blocks
40.1.
Voters
associations and voters blocks which have nominated candidates for a single-mandate
election district should collect voters signatures within the election
district, where a candidate agreed to be nominated. At least four thousand
signatures of voters living within the relevant election district should be
collected in support of each candidate. If an election is conducted before the
determined time, at least two thousand signatures of voters who live within the
territory of relevant election district should be collected in support of
candidates.
40.2.
Voters
associations and voters blocks which have nominated a single list of candidates
should collect at least 80 thousand signatures of voters. If election is
conducted before determined time this number can be reduced to half.
40.3.
Voters
associations and voters blocks can start collection of voters signatures in
support of a single list of candidates from the day Central Election Commission
approves copy of a single list of candidates. Voters associations and voters
blocks can start collection of signatures in support of candidates nominated for
single-mandate election district from the day they submit documents and
information mentioned in the article 37.10 of this law.
40.4.
Signature
sheets should be prepared in the format shown in “Annexes 1 and 2” to this law.
40.5.
While
collecting voters signatures in support of single list of candidates, each
signature paper should contain names, surnames, birth dates, main working or
serving place, occupation or positions (type of activity – if they do not have
them) of first 3 candidates who appear in the list of candidates. If a
mentioned candidate had been sentenced and it is not served or canceled, name
and number of relevant article of the Criminal Code of the Azerbaijan Republic
should be recorded in the signature paper. If a candidate had executed an action
which requires accountability in foreign country, and if the same action
requires accountability by the Criminal Code of the Azerbaijan Republic, that
article should be recorded as well. A person who collects signatures should
submit a single list of candidates approved by the Central Election Commission
if a person signing in support of candidates requests that.
40.6.
If
voters association or voters block, which have nominated candidates for a
single-mandate election district collect signatures in support of candidates,
besides the information about candidates, a signature paper should contain name
of voters association or voters block which have nominated this candidate,
party affiliation of a candidate and his/her relevant status in that political
party, if a candidate have recorded this in his/her application.
Article
41. Rules for Collecting Voters Signatures in Support of Single List of
Candidates and Candidates
41.1.
State
bodies, municipal bodies and legal entities are prohibited from participation
in collecting signatures. It is prohibited to force voters to sign or to reward
them signing. If these rules are violated, collected signatures can be
considered invalid, candidates, registered candidates, single list of
candidates, single list of registered candidates can be refused from
registration or their registration can be canceled.
41.2.
A
citizen of the Azerbaijan Republic, who has reached a legal age, who has an
ability of functioning, can collect voters signatures. A candidate, voters
association or voters block can sign an agreement with a person who will
collect voters signatures. This person can be paid only from candidate’s,
voters association’s or voters block’s election funds.
41.3.
Signatures
in support of candidates and single list of candidates can be collected in
educational institutions, populated places, and other places where election
campaigning is not prohibited.
41.4.
A
voter can sign only once in support of a candidate or a single list of
candidates. When signing, a voter records the following information about
him/herself: name, surname, date of birth, address, batch and serial number of
identification document (or a document which substitutes it), date of its issue
and date of signing. A person who collects signatures can record additional information
about the voter who signs the signature sheets, if such information is
necessary. This information is recorded in writing.
41.5.
Voters
can sign in support of candidates and a single list of candidates on both sides
of signature sheets. In such cases, the reverse side of the signature sheet is
considered a continuation of the front page. The signature sheet is verified on
its reverse side.
41.6.
Signature
sheets containing the signatures in support of a candidate nominated for a
single-mandate election district are signed by a person who has collected them
and by a candidate after signatures have been collected. A person who has
collected signatures records his/her name, surname, address, batch and number
of identification document, date of its issue, as well as a candidate’s name,
surname, father’s name and date of signing on signature sheets, before he/she
signs it.
41.7.
Signature
sheets containing the signatures in support of single list of candidates are
signed by a person who has collected them and by authorised representatives of
voters associations and voters blocks after signatures have been collected. A
person who has collected signatures records his/her name, surname, address,
batch and number of identification document, date of its issue, a relevant authorised
representative records his/her name, surname, father’s name and date of signing
on signature sheets, before he/she signs it.
41.8.
Each
voters association, voter block, voter or voters who have nominated candidates
can collect the required number of signatures in support of the same candidate
together, after they inform the relevant election commission about it in
writing. In such cases, it is prohibited to collect together
signatures collected by different persons.
41.9.
After
signatures in support of single list of candidates have been collected,
authorised representatives of voters associations and voters blocks calculate
the total number of signatures. A protocol on results of calculations of
signatures is completed and signed by the authorised representatives of voters
associations and voters blocks.
41.10.
Initiators
of nominating candidates, authorised representatives of a candidate or voters
association and voters block calculate total number of signatures in support of
a candidate nominated for a single-mandate election district, complete a
protocol about it and sign it.
41.11.
The
number of voters signatures on signature sheets submitted to the election
commission should not exceed more than 15% than the required number defined by
this law.
41.12.
Signature
sheets submitted to a relevant election commission should be numbered. In such
cases, all signature sheets in support of single list of candidates should be
compiled in a folder.
Article 42. Submission of Documents for
Registration of Candidates and Single List of Candidates
42.1.
Authorised
representatives of candidates, voters associations and voters blocks submit the
following documents to the relevant Territorial Election Commission at earliest
55 days and at latest 10 days prior to election day for registration of
candidates nominated for a single-mandate election district before 6.00 PM:
42.1.1.
signature
papers, which include voters signatures in support of candidates;
42.1.2.
2
copies of protocols on results of collecting signatures prepared in a format
defined by the Central Election Commission;
42.1.3.
information
on changes made to the information about the candidates, submitted according to the articles 34.5-6 and 37.1-4
of this law;
42.1.4.
information
on amount and sources of candidate’s income;
42.1.5.
information
on candidate’s property on the basis of right to property;
42.1.6.
candidate’s
initial financial record.
42.2.
Authorised
representatives of voters association and voters block must submit the
following documents to the Central Election Commission at earliest 105 days and
at latest 55 days prior to election day before 6.00 PM for registration of
single list of candidates:
42.2.1.
signature
papers, which include voters signatures in support of a single list of
candidates;
42.2.2.
2
copies of protocols on results of collecting signatures prepared in a format
defined by the Central Election Commission;
42.2.3.
information
on changes made to the copies of approved single list of candidates submitted
in accordance with the articles 37.1-4 of this law;
42.2.4.
information
on amount and sources of income of each candidate;
42.2.5.
information
on property of each candidate, on the basis of right to property;
42.2.6.
initial
financial account of voters association, voters block.
42.3.
Information
on amount and sources of income of the candidate for the period of one year
should be submitted in a format defined by the Central Election Commission
starting from the day of determination of election day. At the same time,
organizations, which are income sources, submit a summary of annual income.
Information on property owned by the candidate based on ownership right should
be submitted in a format mentioned “Annex #1”. The Central Election Commission
defines the list of information of candidate’s property and income to be
published.
42.4.
When
receiving election documents, election commissions approve each folder
containing signature sheets, check if number of submitted signature sheets
match with the number recorded in the protocol on results of collecting
signatures, then provides the candidate, authorised representatives of voters
associations and voters blocks with a document on receipt of election
documents. This document contains date of receipt, number of signature sheets
received recording number of signatures. If abovementioned persons submit
relevant documents to relevant election commission before the time mentioned in
the paragraphs 1-2 of this article, they cannot be refused of receipt of
documents; authorised representatives of a candidate, voters association and
voters block cannot be obstructed to enter relevant buildings.
42.5.
Candidates,
a single list of candidates are registered, after signature sheets and a
document approving transfer of funding by candidates, voters associations,
voters block to the account of the Central Election Commission are submitted to
the relevant election commission. Account mentioned above is opened by the
National Bank of the Azerbaijan Republic. A copy of bank statement (of
candidate, voters block and voters association) on transfer of money should be
submitted to the relevant election commission together with other documents,
according to paragraphs 1 and 2 of this article. Amount of deposit and rules
for transferring it are defined by article 61 of this law.
Article 43. Checking Accuracy of
Signature Sheets and Documents Submitted by Candidates, Voters associations and
voters blocks
43.1.
The
Central Election Commission checks whether the process of nominating a single
list of candidates fulfill the requirements of this law, checks accuracy of
documents submitted in accordance with the requirements of this law, of information
recorded in signature sheets of each voters association and voters block.
According to this law, the Central Election Commission has the right to check
accuracy of information about biography and other information submitted by a
candidate, voters association and voters block.
43.2.
Relevant
Territorial Election Commission checks
accuracy of documents defined by this law, signature sheets of each
candidate and checks whether process of nominating candidates fulfill the
requirements of this law. The Territorial Election Commission has the right to
check accuracy of information about biography and other information submitted
by a candidate, voters association and voters block, according to this law.
43.3.
The
election commission can apply to the relevant bodies with a purpose to check
accuracy of information and facts submitted in accordance with this law. Those
bodies should inform the election commissions about the results of examination
within the period defined by this law, and not later than 10 days if such a
request is made 10 days prior to election day.
The relevant election commission can
make a decision on creating working groups consisting of election commission
members, employees of election commission apparat and specialists invited to
check accuracy of signatures and relevant information. Such investigation can
include the following persons: members of subordinate election commissions,
experts of relevant bodies, experts specialized in the filed of registration of
population. Their conclusion can be accepted as a basis which approves that
information in the signature sheets is not accurate. The election commissions can use the state registration system of
voters to check accuracy of information in signature sheets.
43.4.
At
least 15% of signatures required for registration of each candidate and single
list of candidates should be checked. For initial examination, equal number of
signatures collected in support of each candidate and single list of candidates
should be investigated. Signature sheets are selected by lottery. Rules for
lottery are defined by the Central Election Commission. The following can be
present in the Territorial Election Commission while casting lots and checking
signature sheets: candidates, their authorised representatives, authorised
representatives of voters associations and voters blocks; in the Central
Election Commission – authorised representatives of voters associations and
voters blocks which have nominated single list of candidates. The relevant
election commission should inform the abovementioned persons about each lottery
and checking documents in advance. The election commission cannot refuse or
obstruct abovementioned persons sent by a candidate, voters association and
voters block to participate in these actions. All signatures selected for
investigation should be examined.
43.5.
Accuracy
or incorrectness of voters signatures can be approved due to results of
investigation.
43.6.
Crossed
out signatures in the signature sheets are not checked and registered by the
persons who have nominated a candidate or a single list of candidates if
persons who collect signatures made relevant notes on it, before they submit
the signatures sheets to the relevant election commission.
43.7.
If a
signature of one person appears several times while checking them, only one
signature is considered valid, others are considered incorrect.
43.8.
The
following signatures are incorrect:
43.8.1.
signatures
of voters who do not have active right to vote or who have recorded information
incorrectly, according to information of relevant executive authorities and
conclusion of experts invited in accordance with the paragraph 4 of this
article;
43.8.2.
if
signatures of voters are included in the signature sheets before the
Territorial Election Commission received information on nominating a candidate
or before the Central Election Commission approved the copies of single lists
of candidates;
43.8.3.
signatures
of voters who did not record information required by this law;
43.8.4.
signatures
considered invalid in accordance with 41.1. of this law;
43.8.5.
signatures
recorded by one person on behalf of several voters;
43.8.6.
signatures
which are not recorded in writing or recorded by pencil;
43.8.7.
if
dates of signatures have been changed, these changes are considered correct if
persons who approved the signature sheets verify them;
43.9.
All
signatures in the signature sheets are considered invalid if they are not
verified by a person who collected them, a candidate, authorised
representatives of voters associations and voters blocks in writing, or
signatures of authorised representatives are not correct.
43.10.
If
several persons sign for one voter or one person signs for several voters, all
these signatures are considered invalid in accordance with written conclusion
of experts invited due to paragraph 3 of this article.
43.11.
If a
line in a signature sheet does not fulfill the requirements of this law, that
line should be considered invalid, except cases mentioned in paragraphs 7 and 9
of this article.
43.12.
If
signatures are not found invalid in accordance with 7th and 9th
paragraphs of this article, or if corrections and notes are made in a defined
manner, these facts cannot be a reason to consider signatures invalid.
43.13.
If
more than 15% of selected signatures are incorrect, then the additional 15% of
signatures required for registration should be checked in an abovementioned
manner.
43.14.
If
more than 15% of total number of signatures, checked in accordance with
paragraph 13 of this article, are incorrect, checking process is stopped and
single list of candidates is not registered.
43.15.
If
number of signatures is less than required number, after invalid signatures
have been removed, candidate and single list of candidates are not registered.
43.16.
Head
of the working group, member of relevant election commission who have active
right to vote prepare a relevant protocol on results of checking signature
sheets collected in support of each candidate and single list of candidates,
they sign it and transfer to the election commission for a relevant decision.
The protocol contains the number of checked signatures and number of invalid
signatures with a note of reason. This protocol should be attached to a
relevant decision of the election commission. Copy of the protocol should be
submitted to a candidate, authorised representatives of voters associations and
voters blocks at least 12 hours prior to the meeting of the election commission
which deals with registration of candidates and single list of candidates. A
candidate, voters association and votes block have the right to obtain the
following documents if signature sheets do not contain the required number of
signatures and if more then 15% of signatures have been considered invalid:
¨ copy of the protocol verified by the
head of the working group;
¨ reasons for considering signatures
invalid including:
· number of a relevant folder;
·
number
of line in the signature sheet;
¨ copy of the working-table on results
of investigation.
Article 44.
Registration of Candidate, Single List of Candidates
44.1.
The
Central Election Commission makes a decision on registration or refusal of
registration of the single list of candidates within 10 days after the receipt
of signature sheets and other documents required for registration period. The
Territorial Election Commission makes a decision on registration or refusal of
registration of the candidate for a single-mandate election district within 10
days after the receipt of signature sheets and other documents required for
registration of candidate for a single-mandate election district. A decision to
refuse the registration must be based on evidence. If candidate nominated by
voters association or votes block is registered, the Territorial Election
Commission includes in the decision nomination of candidate by voters
association and votes block. A decision on refusal of registration contains
date and time it is adopted.
44.2.
One person cannot be registered: in more than one single lists of
candidates; for more than one single-mandate election district as well as
single list of candidates; besides this, for single-mandate election district.
44.3.
If
rules mentioned in the paragraph 2 of this article are violated, previous registration of the candidate is considered
valid, a decision on registration made a little later is canceled by the
decision of relevant election commission (if a registered candidate does not
apply for canceling his/her previous registration) or he/she is removed from
the single list of candidates.
44.4.
The
relevant election commission should submit a copy of the decision on
registration of candidates, single list of candidates to the candidates, a
voter, voters who have nominated a candidate, authorised representatives of
voters associations and voters blocks which have nominated a single list of
candidates, within one day starting the day it is adopted. If registration has
been refused, reasons for that should be recorded. The following can be reasons
for refusal:
44.4.1.
serious
violation of rules for collecting signatures defined by this law;
44.4.2.
if
documents mentioned in the articles 34, 37 and 42 of this law are not prepared
correctly or they do not exist;
44.4.3.
if
election deposit has not been transferred;
44.4.4.
if
number of correct signatures collected in support of candidates or single list
of candidates is less than required number or if more than 15% of checked
signatures are invalid;
44.4.5.
if
information submitted by candidates, voters associations and voters blocks, in
accordance with this law, is not correct (if information about separate
candidates is not correct in the single list of candidates nominated by voters
association and voters block, only that candidate’s name is removed from the
approved list of candidates on the basis of this reason);
44.4.6.
if
rules for creation of candidates’, voters associations’, voters blocks’ election funds and for expenditure of
relevant funds have been violated;
44.4.7.
if
authorised representatives of voters associations and voters blocks, voters
associations and voters blocks and candidates violate the requirements of the
article 38.3 of this article;
44.4.8.
other
reasons considered by this law.
44.5.
If the
election commission finds out cases which require criminal or administrative
accountability, it transfers relevant documents and materials to the law
enforcement bodies to investigate the case and violators to become
accountable.
44.6.
If the
election commission finds out that information submitted by candidates, voters
associations and voters blocks (in accordance with 34, 37 and 42 articles of
this law) is invalid after the registration of candidate, single list of
candidates, the election commission can cancel the registration of the
candidate (on removing the candidate from the list of candidates) up to 16 days
prior to the election day. If less than 15 days are left to election day, the
election commission can apply to the court to cancel the registration of the candidate
(to remove the candidate from the list of candidates).
44.7.
Complaints
may be filed about the CEC’s decision on registration of single list of
candidates or refusal of it with the Supreme Court of the Azerbaijan Republic.
Complaints may be filed about the TEC’s decision on registration of candidates
or refusal of registration with the Central Election Commission or relevant
courts. The complaint should be examined within 5 days from the day of its
receipt.
44.8.
Each
registered candidate is issued a card on registration. The relevant election
commissions inform the mass media about the registered candidates and single
list of candidates, within 48 hours after the registration. The Territorial
Election Commissions display information about the candidates and single list
of candidates on a special board in the rooms of election commissions, at least
15 days prior to election day (article 37.5., 37.6.). Information on
cancellation of candidate’s and single list of candidates’ registration, on
changes made to the membership of registered voters blocks and on withdrawal of
candidate from the single list of candidates should be displayed with the same
manner. Information on registered candidates, voters associations and voters
blocks should be displayed in the same order that they will appear in the
ballot paper.
44.9.
If
none of the candidates or only one candidate has been registered for a
single-mandate election district, if none of the lists of candidates or only
one list of candidates has been registered for single multi-mandate election
district at least 45 days prior to election day, election is postponed for 2
months, in accordance with the article 5 of this law, with a purpose to
nominate additional candidates and list of candidates and other election
processes.
CHAPTER VII
STATUS OF REGISTERED
CANDIDATES
Article 45. Equality
of Registered Candidates
45.1.
All
registered candidates have the equal rights and responsibilities, except the
cases defined by this and other laws.
45.2.
Registered
candidates who are state or municipal officials, or persons who work with mass
media on the basis of labour or civil-legal contract are released from their
employment during their participation in the elections. They submit a copy of
approved order (decision) to the relevant election commission at latest within
3 days from the day of registration. They are prohibited to abuse their
positions of authority to gain privileges.
45.3.
According
to the law of the Azerbaijan Republic ”On State Service”, all registered
candidates who occupy a position (state official) and who belong to the
category “A”, as well as candidates who are elected municipal officials, cannot
abuse their positions of authority to gain privileges.
45.4.
Cases
of violations of equality principles regarding abuse of occupation and position
area determined by article 38.2. of this law.
45.5.
Registered
candidates who are state or municipal officials have the right to conduct
election campaign only when he/she finishes to perform his/her duties. These
rules do not concern to free usage of TV and Radio programs by the registered
candidate in accordance with the article 53 of this law.
45.6.
Officials,
TV or mass media journalists or other creative persons who are registered
candidates or authorised representatives of candidates, voters associations and
voters blocks are prohibited from participating in reporting election processes
by the mass media.
45.7.
To
follow prohibitions defined by this law should not obstruct deputies, municipal
members to perform their powers and duties.
45.8.
The
following persons cannot conduct charitable activities during the election
processes:
¨ registered candidates, voters associations and voters blocks;
¨ voters associations included in the
voters block which have nominated a single list of registered candidates or
registered candidates for a single-mandate election district;
¨ voters associations and voters
blocks which have their list of candidates registered, or which have nominated
registered candidates for a single-mandate election district; their authorised
representatives or agents;
¨ organizations which are creators,
owners, members or employees of abovementioned
persons;
¨ other physical and legal entities
who function due to instructions of abovementioned persons and organizations.
The abovementioned persons and
organizations are prohibited to appeal to the voters with an offer to render
material and financial assistance or other services. Physical and legal
entities are prohibited from conducting charity activity on behalf of
candidates, registered candidates, voters associations and voters blocks and
their authorised representatives and agents.
Article 46. Insurance
of Registered Candidate’s Activity
46.1.
Management
of the relevant organizations where the registered candidates are working,
studying, serving or commander of military unit where they are serving must
release the candidates for the period mentioned in their reports, effective
from the date of their registration until the date of the official announcement
of the results of the election. During the period of release from his/her
employment, the relevant election commission should allocate payment for
candidates in amount of average monthly salary (wages) from the budget
allocated for preparation and conduct of elections. This payment should not
exceed the amount of 20 times the minimum salary. Registered candidates are
paid compensation for the period they are released from employment on the basis
of document which proves their unpaid leave.
46.2.
Transport
and public transport tickets within the territory of the relevant election
district are paid to the candidate registered for a single-mandate election
district. If one town covers several
election districts and if candidate is registered from one of these areas,
registered candidate is paid for his/her travels within the town. If a
registered candidate lives outside of the election district he/she has been
nominated for, he/she is paid for 4 round trips by train and car, and 2 round trips by plane. All these expenses
are paid by the relevant Territorial Election Commissions from the budget
allocated for preparation and conduct of elections. A candidate included in the
registered single list of candidates is paid for 2 round trips by public
transport and plane within the territory of the Azerbaijan Republic. These expenditures
are paid from the budget allocated for the Central Election Commission.
46.3.
Travel
expenditures of the registered candidates are paid effective from the date of
their registration and until the date of the official announcement of the
results of the elections. Expenses for taxis and unscheduled transport services
are not paid. Expenditures for travels within the town and outside of the town
are paid if tickets for that travels are submitted.
46.4.
Within
the period mentioned in 1st paragraph of this article, a registered
candidate cannot:
¨ be dismissed from his/her job,
service, educational institution on the initiative of his/her employer, or
transferred to another job (to study or serve in other place) or position
without his/her own agreement;
¨ be sent on business trips;
¨ be conscripted to military service
or military courses of instructions.
The period during which a candidate
is participating in the election is included in his/her years of professional
service.
46.5.
Within
the period mentioned in the paragraph 1 of this article, a registered candidate
cannot be indicted for a crime or be subjected to administrative penalties by a
court without the permission of the general prosecutor, after he/she has been
registered as a candidate. If the prosecutor approves the above, the General
Prosecutor or the court must inform the Territorial Election Commission about
it immediately.
46.6.
Candidates
registered for single-mandate election district, voters associations and voters
blocks which have the single list of candidates registered, or their authorised
representatives, can obtain information about territory of the relevant
Territorial Election Commission, its address, telephone, as well as about lists
of voting stations, Precinct Election Commissions and addresses of voting
stations.
Article 47. Agents of
Registered Candidates, Voters associations and voters blocks
47.1.
Each
candidate registered for a single-mandate election district has the right to
have 5 agents, voters association, voters block which have a registered single
list of candidates, have the right to have 50 agents. The relevant Territorial
Election Commission or the Central Election Commission registers the
abovementioned persons. Agents should be registered within 3 days from the day
of receipt of document about agents appointment and agents written consent. An
application should contain the following information about the agent:
¨ name, surname, father’s name;
¨ date of birth;
¨ working or serving place;
¨ occupation (type of activity);
¨ address;
¨ batch and serial number, date of
issue of the identification document or a document which substitutes it.
47.2.
Agents
receive cards from the election commissions. Agents’ employers must provide
them with unpaid leave at the request of agents, within the period mentioned in
article 46.1.
47.3.
Agents
conduct campaigning or other actions in assisting the candidate or single list
of candidates to be elected. Agents have the right to observe.
47.4.
Registered
candidates, voters associations and voters blocks have the right to withdraw
authorization of their agents and to appoint new ones to replace them. They
have to inform the election commissions about this. In such cases, the election
commission cancels the card given to those agents. An agent has the right to
withdraw his/her authorization on his/her own initiative and return the
relevant card to the election commission. He/she must inform the candidate,
voters association and voters block about this in advance.
47.5.
Agents’
authorization commences from the day of their registration by the relevant
election commission and finishes:
¨ not later than the date of the
official announcement of the results of the election;
¨ not later than final decision of the
court is adopted, if an investigation is being conducted about the violation of
this law;
¨ if all candidates they represent
lose their status, except the cases mentioned in the paragraph 4 of this
article.
Article 48. Refusal
from Candidate’s Status
48.1.
A
candidate nominated for a single-mandate election district can withdraw his/her
application on his/her consent to be a candidate any time, informing the
relevant election commission about this. This written information cannot be
withdrawn.
48.2.
A
candidate registered for a single-mandate election district can submit an
application to the relevant election commission and withdraw his/her candidacy
at least 3 days prior to election day. If a candidate has submitted such an
application, he/she cannot withdraw it. The Territorial Election Commission
makes a decision on canceling candidate’s registration within 1 day based on
the application received. If a registered candidate withdraws his/her candidacy
without compelling excuse, he/she must return funds given to him/her from the
budget by the Territorial Election Commission.
48.3.
Candidates
and registered candidates who have been included in the single list can apply
to the Central Election Commission in writing and refuse to participate in the
elections at least 5 days prior to election day. This application cannot be
withdrawn. Based on the application received, the Central Election Commission
removes the candidate, registered candidate from the relevant list of
candidates.
48.4.
Persons
who have performed actions mentioned in paragraphs 1-3 of this article may
nominate their candidacy for any single-mandate election district, in
accordance with rules and period considered by this law.
48.5.
Voters
association and voters blocks, which have nominated a single list of candidates
can apply to the Central Election Commission in writing and withdraw the single
list of candidates at least 5 days prior to election day, with a decision of
the body which has nominated it.
48.6.
A
voters association included in the voters block can apply to the Central
Election Commission and refuse to participate in the elections as a member of a
relevant voters block, at least 5 days prior to election day, based on the
decision of authorised body of voters association. A voters association which
has refused to participate in the election as a member of a relevant voters
block can participate in the elections as an independent voters association or
can join another voters block. If all voters associations (except one) refuse
to participate in the elections after the Central Election Commission approves
the single list of candidates nominated by voters block, the remaining voters
association can participate in the elections as a voters block, keeping its
name and emblem. This rule does not concern the cases of refusal or
cancellation of registration of the single list of candidates, according to
paragraph 11 of this article.
48.7.
If a
voters block refuses to participate in the elections, it does not mean that
voters associations included in that block cannot participate either; the
followings are required for this:
¨ repeated nomination of candidates
and
¨ other required election actions.
48.8.
Voters
associations, in accordance with their charter, and voters block, in accordance
with a decision of authorised representatives of voters associations, which are
included in voters blocks, can withdraw some candidates from the single list of
candidates registered by the Central Election Commission, any time, at least 5
days prior to election day.
48.9.
Voters
associations, according to their charter and voters blocks, according to the
decision of authorised representatives of voters associations included in the
voters block, have the right to apply to the relevant Territorial Election
Commission in writing and to withdraw candidates nominated for a single-mandate
election district and registered candidates at least 5 days prior to election
day. If candidacy of a candidate has been withdrawn, the Territorial Election
Commission ensures replacement of all expenses given to the candidate nominated
by voters associations and voters blocks.
48.10.
The
election commission, which makes a decision on refusal of a candidate’s
registration, informs persons to whom this decision concerns immediately about
it and submits a copy of this decision to them.
48.11.
If the
number of candidates withdrawn from the single list of candidates in accordance
with the candidate’s application or voters association’s or voters block’s
decision, is more than 25% of total number of candidates appeared in the
approved list of candidates, or if first three or more candidates have removed
from the list, the Central Election Commission refuses to register the single
list of candidates or cancels the registration (except the cases mentioned in
paragraph 6 of this article).
48.12.
Other
persons can be added to the list or order of candidates’ names can be changed
after some candidates have been removed from the list, actions considered by
the article 35.8. of this law can be performed. Changes made in accordance with
this law, charter of voters association, agreement on creation of voters block
cannot be basis for refusal of registration of single list of candidates or for
cancel of it.
48.13.
The
Central Election Commission takes back funds given to voters associations and
voters blocks when they withdraw their single lists of candidates due to
paragraph 5 of this article without compelling reasons, or when the single list
of candidates is canceled in accordance with paragraph 11 of this article.
48.14.
An
election is postponed for not more than 2 months in a single-mandate election
district, and for not more than 3 months in a multi-mandate election district
for implementing election processes mentioned in article 5 of this law in the
following cases:
¨ if no registered candidates remain
up to election day;
¨ if only one registered candidate
remains up to election day;
¨ if no registered single lists of
candidates remain for multi-mandate election district;
¨ if only one registered single list
of candidates remains.
48.15.
The
relevant election commission takes back all funds spent by candidates, votes
associations and voters blocks for preparation and conduct of elections, when
circumstances mentioned in paragraph 14 of this article happen due to
followings;
¨ if a registered candidate withdraws
his/her candidacy;
¨ if voter associations, voters blocks
withdraw their registered candidate (if no circumstances forced them to do
that);
¨ if registration of a candidate has
been canceled according to paragraphs 3 and 5 of article 91 of this law;
¨ if voters associations and voters
blocks withdraw their registered single list of candidates without compelling
reasons;
¨ if single list of candidates has
been canceled according to paragraph 11 of this article, or paragraphs 3 and 5
of article 86 of this law.
If a voters block has to return the
expenses, funds are distributed among voters associations which are included in
the relevant voters block.
48.16.
By
“circumstances that forced a candidate to withdraw his/her candidacy”, or
“circumstances that forced voters associations and voters blocks to withdraw
their registered candidate” this law considers the followings:
¨ if a registered candidate has been
found mentally incapacitated by the court;
¨ if a registered candidate is
seriously ill;
¨ if a registered candidate or his/her
relatives are not healthy.
By “circumstances that forced voters
association or voters block to withdraw their registered single list of
candidates”, this law considers:
¨
if
first three candidates appeared in the list of candidates died or are
considered dead;
¨
if
more than 25% of candidates have been removed from the list of candidates due
to these reasons.
CHAPTER VIII. ELECTION CAMPAIGN
Article 49. Conduct of Election Campaign
49.1.
The
election campaign can be conducted by:
49.1.1.
mass
media;
49.1.2.
conducting
pre-election mass activities (gatherings, meetings with citizens, meetings,
rallies, mass discussions and talks);
49.1.3.
producing
and distributing printed materials, audiotape and other campaign materials;
49.1.4.
other
forms not prohibited by the law.
49.2.
Election
campaign by mass media is conducted by:
¨ open discussions;
¨ round tables, press conferences;
¨ interviews, speeches;
¨ political ads;
¨ TV spots;
¨ spots about voters associations and
voters blocks;
¨ other forms not prohibited by the
law.
Registered candidates, voters
associations and voters blocks define forms of election campaigning
independently.
49.3.
The
followings are prohibited from conducting election campaign, from distributing
and publicizing election campaign materials:
49.3.1.
state
bodies and municipalities;
49.3.2.
state
and municipal officials, state and municipal employees, military persons
(abusing their positions and privileges);
49.3.3.
military
units, military enterprises and organizations;
49.3.4.
charity
and religious organizations, their creators;
49.3.5.
election
commissions, members of election commissions who have decisive vote.
Article 50. Period of
Election Campaign
50.1.
The election
campaign begins from the date the candidates, list of candidates are registered
and finishes at midnight (00.00) on the day prior to election day. All types of
election campaigning are prohibited on election day and a day prior to election
day.
50.2.
Election
campaign materials displayed outside of buildings and rooms of the Article 51
election commissions may stay in their places on election day.
Article 51. Public
Opinion Survey
51.1.
The
mass media should mention the following information when it publishes results
of public opinion survey:
¨ organizations where public opinion
survey has been conducted;
¨ period of conduct;
¨ number of respondents;
¨ methods of collecting information;
¨ exact questions;
¨ statistic figures of future results.
51.2.
Organizations,
which conduct public opinion survey on elections for publishing them by the
mass media, as well as organizations which publish prognosis of results of such
surveys and elections should send copies of these publications to the relevant
Territorial Election Commissions or to the Central Election Commission for
creating information centre (in Azeri it is not a centre, it is “bank”) (after
registration of candidates and list of candidates is finished). This
information is given to the persons mentioned in article 26.1. of this law, to
the observers on their requests (to become familiar) or to make a copy of them.
51.3.
It is
prohibited to publish results of public opinion survey, prognosis of election
results and other investigations related to the elections 3 days prior to
election day as well as on election day.
Article 52. General Rules for Using Mass
Media by Registered Candidates, Voters Associations and Voters Blocks
52.1.
If
creators of TV and Radio companies or periodicals are state bodies and
organizations, those TV and Radio companies and periodicals create equal
conditions for registered candidates, voters associations and voters blocks to
conduct their election campaign.
52.2.
TV and
Radio companies and periodicals mentioned in the article 1 of this law and
aired and distributed in half or more than half of the territory of the
Azerbaijan Republic are to create conditions for voters associations and voters
blocks with a registered single list of candidates to conduct their election
campaign. The Central Election Commission publishes a decision on determination
of the list of TV and Radio companies and periodicals mentioned above not later
than 10 days after a decision on determination of elections has been officially
published.
52.3.
TV and
Radio companies aired in less than half of the territory of the Azerbaijan
Republic, as well as relevant branches of TV and Radio companies mentioned in
paragraph 2 of this article, and periodical distributed in less than half of
the territory of the Azerbaijan Republic are to create conditions for
candidates registered for a single-mandate election district to conduct their
election campaign within the territory of relevant administrative unit. List of
TV And Radio companies and periodicals should be published by the relevant
Territorial Election Commission at least within 30 days after a decision on
determination of elections has been officially published.
52.4.
TV and
Radio companies and periodicals not considered by paragraph 1 of this article
are to create equal conditions for registered candidates voters associations
and voters blocks if founders of those TV and Radio Companies and periodicals
are municipalities. Election campaign in these TV and radio companies and
periodicals begins after registration of candidates and lists of candidates has
been finished. If TV and Radio companies and periodicals do not participate in
election campaign, they can refuse to publish any materials regardless their
form.
52.5.
Voters
associations and voters blocks define forms of usage of airtime on TV and Radio
and periodicals for election campaigning independently.
52.6.
TV and
Radio companies and periodicals mentioned in the paragraphs 1-4 of this article
have the right to allocate paid airtime and pages for registered candidates,
voters associations and voters blocks which have their single lists of
candidates registered, according to the agreement. Conditions and amount of
payment should be equal for all registered candidates, voters association and
voters blocks. Besides the information sent to the Central Election Commission
about allocation of airtime and pages in the periodicals for voters
associations and voters blocks, as well as information sent to the Territorial
Election Commissions about allocation of airtime and pages in the periodical
for registered candidates, the relevant TV and Radio Companies and periodicals
should publish amount of payment at least within 20 days after a decision on
determination of elections has been officially published.
52.7.
TV and Radio companies, periodicals which allocate paid and free airtime
and pages for registered candidates, voters associations and voters blocks
should register summary and cost of airtime and pages in a format defined by
the Central Election Commission. And they should inform the relevant
Territorial Election Commissions (for candidates registered for a
single-mandate election districts) and the Central Election Commission (for
voters blocks, voters associations, registered single lists of candidates) at
least 5 days prior or at least 5 days after election day. The TV and Radio
companies and periodicals mentioned above prepare documents on registered
candidates’, voters associations’ and voters blocks’ consent to pay for
allocated airtime and space and they are to submit these documents to the
relevant election commission on their request.
52.8.
If private TV and Radio companies and mass media do not participate in
the election campaigning, they can refuse to publish election campaign
materials.
Article
53. Election Campaign on TV and Radio
53.1.
Registered
candidates, voters associations and voters blocks have the right to use free
airtime on the TV and Radio companies mentioned in the article 52.1. of this
law.
53.2.
A
lottery should be conducted (in accordance with rules mentioned in paragraph 9
of this article) for distribution of free airtime amongst the candidates,
regional groups of candidates, voters associations and voters blocks (based
upon their requests) within one week
after registration of candidates, single list of candidates has been finished.
53.3.
Free
airtime on TV and Radio mentioned in article 52.1 of this law begins 30 days
prior to election day and finishes a day before the election day.
53.4.
Voters
associations and voters blocks, which have their single lists of candidates
registered, have the right to use free airtime to conduct election campaign on
TV and radio mentioned in article 52.2 of this law. Candidates registered for
single-mandate election districts have the right to use free airtime on TV and
radio mentioned in article 52.3 of this law. Candidates registered for
single-mandate election district cannot use free airtime on TV and radio
mentioned in article 52.2 of this law.
53.5.
Period
of free airtime for conducting election campaign on TV and radio considered by
this law, should not be less than 1 hour during the period defined by paragraph
3 of this article. Free airtime on each TV and radio mentioned in article 52.3
of this law, cannot be less than 30 minutes. If abovementioned companies air
their programs only 2 hours a day, airtime mentioned above cannot be less than
¼ of total airtime of the company. TV and Radio companies should allocate free
airtime so that most of the viewers could be able to watch it.
53.6.
1/3 of
total free airtime on TV and radio should be allocated for registered
candidates, voters associations and voters blocks which have their single lists
of candidates registered, to conduct discussions, round tables and other
election campaigning actions.
When allocating free airtime for
joint election campaign activities on TV and radio mentioned in article 52.3 of
this law, allocation and calculation of airtime are performed separately for
each registered candidate (voters association, voters block). Registered
candidates (voters associations and voters blocks) should use free airtime on the
equal basis. In this case, free airtime for each candidate (voters associations
and voters blocks) is defined separately.
53.7.
If
registered candidates, voters associations and voters blocks refuse to
participate in actions mentioned in paragraph 6 of this article, it does not
mean that free airtime, allocated in accordance with paragraph 8 of this
article, can be prolonged.
53.8.
Free
airtime provided by TV and radio companies is divided equally among the
registered candidates, voters associations and voters blocks which have their
single lists of candidates registered.
53.9.
Date
and time of election campaign of voters associations and voters blocks are
defined by lottery conducted by the Central Election Commission, with
participation of representatives of TV and radio companies. Date and time of election campaign of
registered candidates are defined by lottery conducted by the relevant
Territorial Election Commission with participation of representatives of
relevant TV and Radio companies. Persons mentioned in article 26.2 of this law
have the right to be present during the lottery. Results of lottery should be
recorded in the protocol. Table of division of airtime defined by the lottery,
should be published by the periodicals mentioned in article 52.2 and 52.3 of this
law.
53.10.
Expenses
of TV and Radio companies are paid from the state budget to cover free airtime
allocated for registered candidates, voters associations and voters blocks.
53.11.
TV and
radio companies mentioned in article 52.1 of this law should keep extra airtime
for conducting paid election campaign by the registered candidates, voters
associations and voters blocks. Amount and terms of payment should be equal for
all registered candidates, voters associations and voters blocks. Relevant
information should be published at least within 20 days after a decision on
determination of elections has been published. Total volume of extra paid
airtime provided by TV and Radio companies cannot be less or twice more than
the total volume of free airtime allocated in accordance with paragraph 5 of
this article.
53.12.
Rules
for usage of extra paid airtime by each registered candidate, voters
association and voters block defined as follows: total volume of airtime
mentioned above is divided by total number of registered candidates or voters
associations and voters blocks which have registered single list of candidates.
53.13.
Airtime
mentioned in paragraph 12 of this article should be submitted by the TV and
Radio companies within the period mentioned in paragraph 3 of this article.
Date and time of airtime is defined by lottery conducted by TV and Radio
companies with participation of authorised representatives of candidates,
voters associations and voters blocks, according to their request. Lottery
should be conducted within a period mentioned in paragraph 2 of this article.
TV and Radio companies provide airtime in accordance with a contract signed
after lottery has been conducted.
53.14.
If a
registered candidate, voters association and voters block refuse to use airtime
after lottery has been conducted, they should inform the relevant TV and Radio
company 2 days prior to the date allocated for them. TV and Radio companies
decide themselves how to use this time;
except election campaigning purposes.
53.15.
Election
campaigning on TV and Radio companies not considered by article 52.1 and 52.4
of this law begins after registration of candidates and single lists of
candidates, in accordance with the contract signed with TV and Radio companies.
53.16.
TV and
Radio companies not considered by article 52.1 and 52.4 of this law provide
registered candidates, voters associations and voters blocks with airtime and
define payment terms on equal basis. TV and Radio companies which do not follow
these rules and article 52.6 cannot allocate airtime for registered candidates,
voters associations and voters blocks to conduct election campaign.
53.17.
Contract
on allocating paid airtime should include the following:
53.17.1.
methods
of election campaigning;
53.17.2.
time
and date of airtime;
53.17.3.
period
of airtime provided, its payment terms and its amount;
53.17.4.
methods
of participation of a performer during the transmission period and his/her
terms.
After terms of contract are
performed, a document is made on implementation of use of airtime, recording
name of program and time of air.
53.18.
A
registered candidate, voters association and voters blocks should submit the
payment order on transferring full amount of money for allocation of airtime to
the National Bank at least 2 days prior to the day of air. The National Bank
should transfer money immediately after it gets the payment order. Period of
bank transfer must not be more than 2 banking days.
53.19.
Expenses
for airtime is paid from the election funds of registered candidate, voters
associations and voters blocks.
53.20.
If a
registered candidate, voters association and voters block violate the rules
defined by this law during use of free airtime, TV and Radio companies can
apply to the court for termination of a contract on allocation of airtime.
After termination of the contract the TV and Radio companies do not have the
right to use that time for election campaign purposes.
53.21.
Election
campaigning materials of registered candidates, voters associations and voters
blocks cannot be interrupted by advertisements for goods, works and other
services.
53.22.
It is
prohibited to interrupt election campaign materials of registered candidates,
voters associations and voters block on TV and radio programs mentioned in
article 52.2 of this law by other telecasts.
53.23.
Information
on conduct of candidates’, registered candidates’, voters associations’ and
voters blocks’ election campaigning actions should be announced at the
beginning of the telecast which is transmitted without comments. Candidates,
registered candidates, voters associations and voters blocks do not pay for
airtime spent for such information. Any of candidates, registered candidates,
voters associations and voters blocks cannot be given a preference.
53.24.
Election
campaign telecasts or radiocasts should be video/audiotaped. They should be
preserved by TV and Radio companies for 12 months from the day they have been
aired. TV and Radio companies must preserve reports on allocation of paid and
free airtime mentioned in article 52.7 for 5 years from the election day.
Article 54. Election
Campaign Using Periodicals
54.1.
Registered
candidates, voters associations and voters blocks which have a registered
single list of candidates have the equal right
to use periodicals, which are considered in article 52.1. and which is
published not less than once a week, for their election campaign free.
54.2.
After
registration of candidates is finished, a lottery is conducted among the
registered candidates, voters associations and voters blocks for free conduct
of election campaign using periodicals. Lottery is conducted with participation
of persons mentioned above within one week, according to their requests.
54.3.
Periodicals
mentioned in article 52.1 of this law allocate free space for election
campaigning starting 40 days prior to election day up to a day before the
election day.
54.4.
Total
weekly volume of free space allocated for registered candidates, voters
associations and voters blocks by the periodicals mentioned in article 52.1 of
this law should cover at least 10% of weekly volume of periodical during the
period mentioned in paragraph 3 of this article. Total volume of free space
allocated by the periodicals for the period mentioned in paragraph 3 of this
article should be published by the periodicals at least 20 days after a
decision on determination of elections has been published. Periodicals
mentioned above should allocate equal space for candidates, voters associations
and voters blocks registered for a single-mandate election district.
54.5.
Free
space allocated by the periodicals mentioned in article 52.3 of this law is
determined by dividing total volume of free space by total number of registered
candidates, voters associations and voters blocks who have the right to publish
their election campaign materials in those periodicals free.
54.6.
Date
of publication of election campaign materials is determined by lottery
conducted by periodicals (in their offices) with participation of relevant
persons, after registration of single lists of candidates has been finished.
Members of relevant election
commissions, as well as persons mentioned in article 26.1 of this law can be
present during the lottery. Results of lottery are recorded in the minutes.
54.7.
Expenses
for allocation of free space for registered candidates, voters associations and
voters blocks by the periodicals are paid from the state budget.
54.8.
Periodicals
mentioned in article 52.1 of this law are to allocate paid space for registered
candidates, voters associations and voters blocks to publish election campaign
materials.
Terms of payment and its amount
should be equal for all registered candidates, voters associations and voters
blocks. It should be published by the relevant periodicals at least 20 days
after the decision on determination of elections has been officially published.
Total volume of paid space allocated by the periodicals should not be less than
total volume of free space in accordance with paragraph 4 of this law.
54.9.
Every
registered candidate, voters association, voters block can get extra paid space
size of which is determined by dividing the total volume of extra paid space by
total number of candidates, registered candidates, voters associations and
voters blocks with registered lists of candidates.
54.10.
Periodicals
must provide persons mentioned above with a space, considered by paragraph 9 of
this article within a period mentioned in paragraph 3 of this article. Date of
publication of election campaign materials of registered candidates, authorised
representatives of voters associations and voters blocks is determined by
lottery conducted by periodicals, on the basis of written requests of persons
mentioned above, with participation of abovementioned persons. Lottery is
conducted within the period defined by paragraph 2 of this article.
Members of the relevant election
commissions, as well as persons mentioned in article 26.1 of this law have the
right to be present during the process of lottery. Results of lottery are
recorded in minutes.
54.11.
If a
registered candidate, voters association and voters block refuse to use the
space allocated by the periodicals after lottery has been conducted, they
should inform the relevant periodical at least 5 days prior to the date of
publication allocated for them. Periodicals decide themselves how to use this
space; except for election campaigning purposes.
54.12.
Periodicals
not mentioned in articles 52.1 and 52.4 of this law can publish election
campaign materials after candidates and lists of candidates are registered,
according to the contract signed with registered candidates, voters
associations and voters blocks which have a registered list of candidates.
54.13.
Terms
of payment and amount for space provided by a periodical not mentioned in
articles 52.2 and 52.4 of this law, are equal for all candidates, voters
associations and voters blocks. Periodicals which do not follow these rules and article 52.6 cannot
allocate space for candidates, voters associations and voters blocks to conduct
election campaign.
54.14.
Registered
candidates, voters associations and voters blocks cover the expenses for space
allocated by periodicals after the lottery, according to the contract signed
between them. A registered candidate, voters association and voters block must
submit the payment order to the National Bank at least 2 days prior to the day
of publication. They will not be allocated space by the periodicals if these
rules are violated. The National Bank should transfer money immediately
starting the day of receipt of payment order, but not later than next banking
day. Bank transfer cannot last more than 2 banking days.
54.15.
Expenses
for space allocated by the periodicals are paid from the candidates’, voters
associations’, voters blocks’ election funds.
54.16.
None
of the periodicals can give their comments during publication of election
campaign materials in accordance with this article, without an agreement of
candidates, voters associations and voters blocks.
54.17.
If
periodicals founded by legislative, executive bodies, courts, municipalities
are established for publishing official materials, information, standard and
other statues of their founders, these periodicals cannot publish election
campaign and other materials.
54.18.
If
periodicals are founded by registered candidates, voters associations and
voters blocks or by voters association included in voters block, allocation of
equal space and article 52.1 of this law do not concern to these periodicals.
54.19.
All
election campaign materials of candidates, registered candidates, voters
associations and voters blocks, published by periodicals should contain
information on what candidate’s, voters association’s, voter block’s election
funds these expenses are paid from. In case of publishing free election
campaign materials, it should be recorded which candidate, voters association
or voters block this free space belongs to.
Article 55. Election
Campaign Using Mass Actions
55.1.
State
bodies and municipalities must assist the registered candidates, voters
associations and voters blocks in organizing meetings with citizens, open
debates, meetings.
55.2.
Applications
of registered candidates, authorised representative of voters associations,
voters blocks and their agents with a request to allocate venue for meetings
with electors, are investigated by the relevant executive authority in
accordance with the legislation of the Azerbaijan Republic.
55.3.
Venues
which are suitable for holding meetings and which are owned by municipalities
and state bodies are provided free of charge by the owners, at times agreed by
the election commission and registered candidates, authorised representatives
and agents of voters associations and voters blocks. If a venue has been
allocated for one of the candidates, voters associations and voters blocks for
conducting election campaign, the owner cannot refuse to allocate it with equal
conditions to another candidate, voters association and voters block. Election
commissions create equal conditions for registered candidates, voters
associations and voters blocks to conduct election campaign.
55.4.
Registered
candidates, voters associations and voters blocks have the right to lease
buildings and rooms owned by citizens and organizations for conducting meetings
with electors, meetings, open debates and other election campaign actions.
55.5.
Cultural
buildings and equipment registered by the government cannot be used for
election campaign.
55.6.
It is prohibited to conduct election campaign within the territory of
military units, military organizations and military institutions. Registered
candidates, voters associations and voters blocks their authorised
representatives and agents, can conduct meetings with electors who are in
military service within the territory of military unit, only when if such
meetings are arranged by the commanders of those military units together with
the relevant Territorial Election Commissions and if they are invited and
informed about these meetings at least 3 days prior to the meeting.
55.7.
According
to the legislation, the relevant executive bodies ensure security and order
during pre-election mass actions.
Article 56. Production
and Distribution of Printed, Audiovisual and Other Election Campaign Materials
56.1.
Registered
candidates, voters associations and voters blocks have the right to produce
printed, audiovisual and other election campaign materials in accordance with
rules defined by the legislation.
56.2.
Before
the day of official publication of a decision on determination of elections,
advertising organizations, founders (cofounders) of which are state bodies or
municipalities, their organizations, must create equal conditions for
candidates, voters associations and voters, registered for a single-mandate
election district, blocks to place their election campaign materials. Expenses
are paid from the budget allocated by state bodies and municipalities.
56.3.
Printed
and audiovisual election campaign materials should contain information on:
¨ company which produced it;
¨ organization which requested to
produce it;
¨ number of issues;
¨ date of production.
56.4.
A
registered candidate should submit a sample or a copy of printed election
campaign materials to the relevant Territorial Election Commission, voters
associations and voters blocks submit them to the Central Election Commission.
Besides these materials, they should submit addresses of organizations which
produced and requested them, to the relevant election commission. It is
prohibited to print and distribute election campaign materials without written
consent of registered candidate, voters association, voters block.
56.5.
It is
prohibited to distribute election campaign materials violating rules defined by
paragraphs 3 and 4 of this article.
56.6.
At
least 30 days prior to election day, relevant executive authorities and
municipalities, with a request of Territorial Election Commission, allocate
locations for displaying printed election campaign materials within the
territory of Precinct Election Commission. These places must be accessible for
people and information displayed there must be read easily. Candidates
registered for single-mandate election district, authorised representatives of
voters associations and voters blocks with registered lists of candidates have
the right to obtain lists of locations allocated for displaying election
campaign materials from the Territorial Election Commission.
56.7.
In the
cases not mentioned in paragraph 6 of this article, election campaign materials
can be displayed (hung, stuck etc.) in rooms, buildings and other places if the
owners of those places do not object.
56.8.
It is
prohibited to display election campaign materials on monuments, historical,
cultural heritage, equipment, as well as in rooms used by election commissions,
in voting rooms and their entrances.
56.9.
Election
commissions must take necessary measures against the display of spurious
printed and audiovisual materials and if it has information on distribution of
election materials violating rules defined by paragraphs 3,4,7 and 8 of this
article, and must apply to the relevant legal enforcement bodies to take
measures to stop such campaign activities which contradict the law.
Article 57. Preventing
Abuse of the Right to Conduct Election Campaigns
57.1.
It is
prohibited to abuse the mass media during the conduct of election campaign.
Pre-election programs of registered candidates, voters associations and voters
blocks, meetings, election campaign materials distributed by the mass media and
speeches must not contain incitements to capture the government by force, to
change the constitutional basis of government, to violate territorial integrity
of the country. It is prohibited to abuse the mass media using methods which
incite social, ethnic, national and religious hostility or other methods which
contradict the law. It is prohibited to conduct election campaign which violate
author’s rights.
57.2.
Candidates,
registered candidates, voters associations and voters blocks, their authorised
representatives and agents, as well as other persons and organizations are
prohibited from:
¨ giving money to voters (except
performance of organizational works);
¨ giving gifts or other valuable
things to voters;
¨ granting the voters who performed
organizational works, or promising to grant them, depending on results of
elections;
¨ selling goods at a discount;
¨ providing any goods free of charge
(except printed materials);
¨ providing free or discounted
services.
Registered candidates, voters
associations and voters blocks, their authorised representatives, other persons
and organizations are prohibited from promising to give them securities, goods,
money, as well as from rendering other services which contradict the law.
57.3.
Registered
candidates, agents and authorised representatives of voters associations and
voters blocks, as well as organizations, founders, owners and members of
management of which are abovementioned persons and organizations, can display
advertisements of their commercial and other activities during the election
campaigning only on the basis of articles 53.16, 54.13 and 54.18 of this law
and from the relevant election fund. Such advertisements should be stopped a
day prior to election day.
57.4.
If TV
and Radio companies mentioned in articles 52.1 and 52.4 of this law and
periodicals mentioned in articles 52.1 and
52.4 of this law participate in election campaign and do not create
conditions for registered candidates to defend their prestige, dignity and
honour or to disprove misinformation about them during the election campaigning
period, TV and Radio companies and periodicals mentioned above should prevent
distribution and broadcast of information which impugns the prestige, dignity
and honour of the candidate. If TV and Radio companies mentioned in article
52.1-4 of this law and periodicals mentioned in article 52.1-4 of this law do
not provide the candidates with an airtime and space to defend their prestige,
dignity and honour, abovementioned companies and periodicals or their officials
can be accountable for that in accordance with the legislation.
57.5.
If
registered candidates, voters associations and voters blocks violate paragraph
1 of this article, the relevant election commissions must apply to the court to
cancel registration of the candidate or single list of candidates. Other bodies mentioned in article 86.1 of this law cannot use
these rights. If registered candidate, voters association, voters block
with registered list of candidates violate the rules for conduct of election
campaign or other rules defined by this law, the relevant election commission
informs the registered candidates, voters associations and voters blocks about
its decision or applies to the relevant legal enforcement bodies to stop
illegal election campaigning. At the same time, the relevant election commission
can cancel registration of the candidate and single list of candidates.
Relevant decision of the election commission is published by the press.
57.6.
Legal
enforcement and other bodies must take necessary measures to prevent illegal
election campaigning or illegal production of printed, audiovisual and other
election campaign materials, must find out producers and financial sources of
those materials, and inform the relevant election commission about this.
57.7.
If TV
and radio companies and periodicals violate the rules for election campaigning,
relevant election commissions have the right to apply to the legal enforcement
bodies, court and relevant executive authorities with a request to take
necessary measures about these companies and periodicals and their officials.
CHAPTER IX. FINANCING
THE ELECTIONS
Article 58. Financing
Preparation and Conduct of Elections
58.1.
Preparation
and conduct of the elections, and the activities of election commissions during
their term of office, are financed from the state budget. Expenses mentioned
above are considered by the state budget in accordance with the budget division
of the Azerbaijan Republic.
58.2.
Funding
allocated for the elections is transferred to the bank account of the Central
Election Commission within 10 days after the election day is announced.
58.3.
If the
budget has not allocated required amount of money for preparation and conduct
of elections or money was not transferred in time or completely, the Central
Election Commission has the right to declare tender to loan. In such cases,
total amount of money required for preparation and conduct of elections cannot
be more than the total amount of money required for previous elections up to
the election day is officially announced. The relevant executive authority must
undertake that the Central Election Commission will return the loan at least
within 10 days after the receipt of loan (including interest). The state budget
returns loans mentioned above and pays interests. Amount of covering such loans
is approved annually according to the law on state budget.
58.4.
The
Central Election Commission transfers funds required for preparation and
conduct of elections to the Territorial Election Commissions, and the TECs
distribute them among the Precinct Election Commissions 40 days prior to
election day. In case of additional elections, or if funds have not been
transferred in time and completely, the election commission distributes and
transfers funds on their receipt.
58.5.
Chairpersons
of election commissions give instructions on how to use this allocated money,
and they are responsible for ensuring that financial records correspond with
the decisions of election commissions and for submission of financial records
on expenses, according to the rules and period defined by this law.
58.6.
Unused
state funds of the election commissions remain in the account of the election
commission for the purposes defined by this law, after elections finish. Unused
loans are returned to the banks, which allocated them, by the Central Election
Commission at least within 3 months after final results of elections are
announced officially.
Article 59. Election Funds of Candidates,
Registered Candidates, Voters associations and voters blocks
59.1.
A
candidate nominated for a single-mandate election district, voters association
and voters block which have nominated a single list of candidates, are to
create specific election funds. Candidates are included in the single list of
candidates, voters associations and voters blocks which have nominated
candidates only for a single-mandate election district, do not create specific
election funds.
59.2.
Election
funds of candidates, nominated and registered for a single-mandate election
district can be organized from:
59.2.1.
personal
funds of candidates, registered candidates; the amount of personal funds cannot
be more than 2000 times the minimum salary as defined by law for the date the
election day is determined;
59.2.2.
funds
of candidates, voters associations which have nominated a registered candidate,
voters association which is included in the voters block, the amount of funds
cannot be more than 5000 times the minimum salary for the date the election day
is determined;
59.2.3.
equal
funds allocated for registered candidates and other candidates registered for
single-mandate election district at least 40 days prior to election day, except
the cases defined by this law;
59.2.4.
voluntary
donations from citizens (not more than 100 times the minimum salary) and legal
entities (not more than 2000 times the minimum salary).
59.3.
Maximum
limit of expenses from the election fund of the candidate cannot be more than
50,000 times the minimum salary as defined for the date the election day is
announced officially.
59.4.
Election
funds of voters associations and voters blocks can be formed only from the
following funding:
59.4.1.
specific
funds of voters associations and voters blocks; the amount of funds cannot be
more than 50,000 times the minimum salary as defined for the date the election
day is determined (such funds of voters block are formed from the funds of
voters associations which are included in that block);
59.4.2.
funds
allocated for voters associations and voters blocks by the Central Election
Commission at least 40 days prior to election day;
59.4.3.
voluntary
donations from citizens and legal entities; amount of donations cannot be more
than 150 times the minimum salary, for legal entities not more than 5000 times
the minimum salary as defined for the date the election day is determined.
59.5.
Maximum
limit of expenses from the election fund of the voters associations and voters
blocks cannot be more than 500,000 times the minimum salary as defined for the
date the election day is announced officially.
59.6.
The
following are prohibited from rendering voluntary donations and assistance:
59.6.1.
foreign
countries and foreign legal entities;
59.6.2.
foreigners;
59.6.3.
persons
without citizenship;
59.6.4.
citizens
who are not 18 years old;
59.6.5.
legal
entities of the Azerbaijan Republic; if more than 30% of their capital fund
belongs to the persons mentioned in paragraphs 6.1., 6.2., 6.3. of this
article, for the date the election day is announced;
59.6.6.
international
organizations and international movements;
59.6.7.
state
and municipal bodies;
59.6.8.
state
and municipal organizations and enterprises;
59.6.9.
legal
entities, if more than 30% of their capital fund belongs to state or
municipality, for the date the election day is determined;
59.6.10.
military
units;
59.6.11.
charitable
organizations, religious organizations;
59.6.12.
persons
who transfer donations not recording one of the following information or if all
information is not accurate:
for citizens:
¨ name, surname, father’s name;
¨ batch and serial number of his/her
identification document, or a document which substitutes it, date of issue;
¨ address;
¨ birth date;
for legal entities:
¨
identification
number of taxpayer;
¨
name;
¨
date
of registration;
¨
bank
accounts;
¨
if
state and municipal bodies have their shares in its capital fund, if yes – the
amount;
¨
amount
of foreign share.
59.6.13.
legal
entities which have been registered less than 1 year prior to election day;
59.7.
Registered
candidates, voters associations and voters blocks have the right to give
instructions on how to use the funds created by themselves. Election funds
should be spent for election purposes. They can be used only for the following
purposes:
59.7.1.
to
finance organizational-technical actions regarding collecting signatures in
support of candidates, single lists of candidates, to pay salary for signature
collectors;
59.7.2.
expenses
regarding election campaign, information and consultation services;
59.7.3.
expenses
regarding election campaign works performed by legal and physical entities;
59.7.4.
election
deposit.
59.8.
Candidates,
registered candidates, voters associations and voters blocks use money
transferred to their election funds account in accordance with the rules
defined by this law, up to election day. Candidates, registered candidates,
voters associations and voters blocks are prohibited from using other funds
(besides the election funds) for the purposes mentioned in paragraph 7 of this
article.
These rules, except articles 38.3
and 45.8 of this law, do not concern the funds used by the political parties
for their other purposes not related to election campaign.
Article 60. Specific
Election Accounts
60.1.
A
candidate, nominated for a single-mandate election district, after he/she
submits documents on this to the Territorial Election Commission, or voters
associations and voters blocks, after they submit documents on nominating a
single list of candidates to the Central Election Commission, must open
specific election account to create election funds.
60.2.
Voters
associations and voters blocks must open a specific election account to create
election funds after they receive copy of single list of candidates approved by
the Central Election Commission, not later than 5 days prior to the day they
submit single list of candidates to the Central Election Commission for
registration.
60.3.
A
specific election funds account should be opened by the National Bank. A
candidate, voters association, voters block can open only one specific account.
The National Bank should open specific accounts for candidates, voters
associations and voters blocks after they submit all required documents
considered and defined by this law. Bank operations and opening bank account
services are free. No interest is paid to the bank for use of funds available
in a specific bank account. All funds are transferred in manat.
60.4.
Specific
bank accounts are opened on the basis of the following documents:
¨ a candidate’s document provided by
the Territorial Election Commission on being nominated for a single-mandate
election district;
¨ approved copy of lists of registered
candidates provided by the Central Election Commission to voters associations
and voters blocks;
¨ documents mentioned in articles 34
and 35 of this law.
A candidate can request other person
to open a specific bank account for him/her, according to defined rules. A
candidate, a registered candidate can authorize other persons to use their
funds available in their accounts, informing the Central Election Commission
about it in advance in writing. Voters associations and voters blocks open the
specific bank accounts after the Central Election Commission approves a copy of
single list of candidates, on the basis of documents
submitted together with documents for registration of their authorised
representatives on financial issues.
Candidates, registered candidates, voters associations and voters blocks are
accountable for violation of rules on finance defined by this law during
conduct of election campaign.
60.5.
If the
election district of the candidate or registered candidate changes, the balance
in the specific bank account opened in accordance with the rules defined by
article 35.8 of this law should be returned by distributing it proportionally
among the persons or legal entities which transferred voluntary donations. Election
deposit considered by article 61 of this law should be returned. After all
these, the candidate or registered candidate must submit a final financial
report to the Territorial Election Commission, and a copy of it to the
Territorial Election Commission. Opening a specific bank account in a new
election district is implemented in accordance with the rules defined by this
law.
60.6.
All
financial operations of registered candidates, voters associations and voters
blocks with a registered single list of candidates must be stopped on election
day.
60.7.
Bank
operations from the specific bank accounts of a candidate, registered
candidate, voters association, voters block must be stopped by the National
Bank in accordance with instructions of the Central Election Commission if:
¨ documents, defined by this law,
required for registration are not submitted to the relevant election
commission;
¨ registration is refused;
¨ candidate takes back his/her
application of consent;
¨ candidate withdraws his/her
candidacy;
¨ voters associations and voters
blocks withdraw their single lists of candidates;
¨ a decision is made on canceling
registration.
60.8.
The
Central Election Commission can prolong the period for financial operations in
the following cases based on a request of a candidate, registered candidate,
voters association, voters block:
60.8.1.
for covering expenses, candidates, voters associations, voters blocks
and single lists of candidates of which are not registered, spent for
implementation of their activities before they got refusal of registration; if a candidate withdraws his/her
application on his/her consent to be a candidate; or if a voters association or
voters block withdraws his/her candidacy; if voters association or voters block
withdraws single list of candidates before signature sheets and other documents
for registration are submitted within the defined period;
60.8.2.
for
covering expenses spent for implementation of activities before decision on
cancel of registration or cancel of single list of candidates of the following
persons is made:
¨ registered candidate who has
withdrawn his/her candidacy;
¨ voters associations and voters
blocks which have withdrawn registered single list of candidates;
¨ registered candidate whose
registration has been canceled;
¨ voters associations and voters
blocks, registration of single lists of candidates of which has been canceled.
60.8.3.
other
cases, that require cover of expenses spent up to the election day by
registered candidates, voters associations and voters blocks.
Article 61. Election
Deposit
61.1.
The
Central Election Commission and Territorial Election Commission must open a specific bank account for
election deposit of candidates, voters associations and voters blocks within 10
days effective the day a decision on determination of elections is officially
published. The National Bank is to open an account for election deposit for the
relevant election commission within 5 days effective the day of receipt of such
a request. Opening of such an account and bank operations are free. The
National Bank is to transfer deposit to the account next bank day after it
receives payment order. Bank transfer cannot take more than 2 days.
61.2.
If a
relevant Territorial Election Commission
has not yet been formed, and if a candidate, nominated for a
single-mandate election district, has submitted his/her consent to be a
candidate, the Central Election Commission informs him/her about the bank
information of the Territorial Election Commission, if such an account is not
opened yet, the Central Election Commission informs about it immediately after
it is opened. The Central Election Commission informs the voters associations
and voters blocks about the bank information on specific account for election
deposit, after it registers their single lists of candidates.
61.3.
Election
deposit for the candidate is 1000 times the minimum salary as defined for the
date the election day is determined. Election deposit for voters associations
and voters blocks is 30,000 times the minimum salary as defined for the date
the election day is determined.
61.4.
A
candidate, voters association, voters block transfer election deposit from
their election funds to the specific account of relevant election commission at
earliest 85 days and at least 55 days prior to election day. When transferring
election deposit, voters associations and voters blocks record purpose of
transfer, but the candidate record the
following information: name, surname, date of birth, number of election
district; voters blocks and voters associations – additionally record their
names. When transferring election deposit to the bank account of the relevant
election commission, the candidate, voters association, voters block inform the
election commission which registered them or their single lists of candidates,
about the sources of funding transferred to the election funds of candidates,
voters associations and voters blocks in writing (for a physical entity – name,
surname, father’s name, address, date of birth; for legal entity: name, bank
information).
61.5.
Physical
and legal entities who transfer money to the candidate’s, voters association’s
and voters block’s account can record if a part of these funds or funds
completely are for the deposit purposes. In such cases, candidates, registered
candidates, voters associations and voters blocks cannot use these funds for
other purposes. The candidate, voters associations and voters blocks are to
return these funds to the physical and legal entities who transferred them, if
they do not use these funds (for election deposit), within 10 days after period
for registration of candidates, and single list of candidates is finished.
61.6.
If a
candidate, voters association, voters block transfer funds more than amount
required by paragraph 4 of this article, the extra funds should be transferred
back to their accounts within 10 days after the receipt of money. If the
deposit transferred is less than amount required by paragraph 4 of this
article, or if it is transferred after the period for registration of
candidates and single lists of candidates is finished, this amount of money is
transferred to the relevant election funds within 20 days after the receipt of
these funds by the election commission. The Central
Election Commission and Territorial Election Commission transfers back the
deposit back to the relevant election fund at least
within 10 days after voters associations and
voters blocks submit applications on refusal of candidates’ or single lists of
candidates’ registration or after adoption of decision on refusal of
registration:
¨ if a candidate takes back his/her
application on his/her consent to be a candidate;
¨ if voters associations or voters
blocks withdraw their single lists of candidates, except the cases considered
by article 48.15 of this law;
¨ if an election district where a
candidate is nominated for changes;
¨ if candidates and single lists of
candidates are refused to registered in accordance with the article 35.18;
61.7.
If a
registered candidate has collected at least 6%of total number of votes of the
voters voted, according to voting results for a single-mandate election
district or if he/she is elected, if single list of candidates nominated by
voters associations and voters blocks has collected at least 6% of total number
of votes of voters voted or if single list of candidates participated in
distribution of deputy mandates, an election deposit should be transferred back
to the election account of abovementioned candidates, voters associations and
voters blocks within 5 days after the official results of elections are
published.
61.8.
If
election deposit will not be transferred back in accordance with paragraphs 6,7
of this article, the very account should be transferred to the state budget by
the relevant election commission at least within 60 days after the election
day. If relevant election commission
transfers back the election deposit, the candidate, registered candidate,
voters associations and voters blocks should return this amount to the relevant
physical and legal entities within 10 days after the receipt of returned
election deposit. If a part from the election deposit remains after the
relevant election commission transfers it back, this part is included in the
amount spent by candidates, registered candidates, voters associations and
voters blocks.
61.9.
Election
commissions cannot instruct election deposit in accordance with the rules not
considered by this law.
Article 62. Voluntary Donations to
Election Funds of Candidates, Registered Candidates, Voters associations,
Voters blocks
62.1.
Voluntary
donations to the election funds of candidates, registered candidates, voters
associations and voters blocks are transferred by the post-offices and banks.
These donations are accepted only from the citizens of the Azerbaijan Republic
and they should contain the following information about them:
¨ name, surname, father’s name;
¨ birth date;
¨ address;
¨ batch and serial number of
identification document or a document which substitutes it.
62.2.
Legal
entities transfer voluntary donations by bank transfer to the candidate’s
registered candidate’s, voters association’s, voters block’s accounts recording
the following information:
¨ whether legal entities have state,
municipal, foreign share in their capital
¨ its name;
¨ date of registration, tax
identification number;
¨ bank information.
62.3.
Voluntary
donations of physical and legal entities are transferred to the accounts
through post offices and banks not later than one day after they receive the
relevant payment order. Period for bank transfer is not more than 2 days.
62.4.
Candidates,
registered candidates, voters associations and voters blocks have the right to
return any donations, except anonymous ones. If donations are transferred to
the accounts of candidates, registered candidates, voters associations and
voters blocks by physical or legal entities, who do not have right to do that
or if amount of donation is more than the amount required by article 59 of this
law, the candidate, registered candidate, voters association, voters block
should return the whole amount or a part of it which exceeds the required
amount to the donators within 10 days after receipt of it, indicating reasons
for back transfer and keeping expenses for transfer. Candidates, registered
candidates, voters associations, voters block are not responsible for not
accepting the donations due to inaccurate information mentioned in paragraphs
1-2 of this article only when they did not receive the information about
inaccurate documents in time.
62.5.
Anonymous
donations should be transferred to the state budget by the candidate,
registered candidate, voters association, voters block within 10 days after
receipt of such donations.
62.6.
Physical
and legal entities can assist the nomination or election of candidates,
registered candidates, single list of candidates, only by transferring
donations to their election funds. If candidates, registered candidates, voters
associations and voters blocks and their authorised representatives on finance
do not agree officially, it is prohibited:
¨ to render paid services regarding
the elections;
¨ to sell goods;
¨ to render services and to cover
expenses for that from the election funds.
Legal entities, their branches,
representations and other organizations are prohibited from rendering
assistance free or at a groundless discount regarding the elections. A citizen
can render a free, voluntary assistance to the candidates, registered
candidates, voters associations and voters blocks him/herself, not inviting a
third person during the election campaigning.
Article 63. Reports on
Election Funds
63.1.
Registration
of opening and using specific bank accounts, rules for reporting, as well as
rules for collection and expenditure of election funds of candidates,
registered candidates, voters associations and voters blocks are defined by the
Central Election Commission with an agreement of National Bank. The candidate,
registered candidate, voters associations and voters blocks are to register
collection and expenditure of their election funds. Candidates, registered
candidates, voters associations and voters blocks submit their financial reports
to the election commissions as follows:
63.1.1.
first
financial report is submitted to the relevant election commission in accordance
with the rules defined by this law, together with the required documents for
registration; this report contains information 2 days prior to filing.
63.1.2.
second
financial report is submitted at earliest 20 days and at least 10 days prior to
election day; this report contains information 7 days prior to filing.
63.1.3.
final
financial report is submitted at least 30 days after final results elections
are officially published; final financial report is attached initial financial
documents on collection and expenditure of election funds and documents
mentioned in article 56.3.
63.2.
If a
candidate or registered candidate looses their status; a candidate or
registered candidates are responsible for financial reporting. Authorised
representatives on financial affairs of voters associations and voters blocks
are responsible for their reports, if they don’t have such representatives, a
person who is authorised to represent a political party which participates in
election campaign in voters associations and voters block.
63.3.
Copies
of financial reports of registered candidates, voters associations and voters
blocks are published by the relevant election commissions within 5 days after
their receipt.
63.4.
The
National Bank informs the Central Election Commission about the collection and
expenditure of specific funds of candidates, registered candidates, voters
associations and voters blocks weekly, but during the period less than 10 days
prior to election day – not less than once in three days. State automated
information system can be used for these purposes.
Relevant Territorial Election
Commissions and the Central Election Commission submit the information on collecting
and expenditure of election funds to the mass media, regularly, not less than
once 2 weeks up to the election day. The relevant election commission informs
registered candidates, voters associations and voters blocks with a registered
single list of candidates, about their collection and expenditure of election
funds, provided by the National Bank, on their official request.
63.5.
The
periodicals considered by article 52.2-3 of this law are to publish information
on receipt and expenditure of funds transferred by relevant election
commissions. The following information should be published:
63.5.1.
about
financial report on use of election funds; its amount should not be more than
2000 times the minimum salary as defined for the date the election day is determined,
for the voters association, voters block, and not more than 500 times the
minimum salary for the candidates, registered candidates.
63.5.2.
about legal entities which have transferred
donation to the election accounts in amount of 1000 times the minimum salary as
defined for the date the election day is determined, for voters associations
and voters blocks, and 250 times the minimum salary for the candidates and
registered candidates.
63.5.3.
about
physical entities who have transferred donation in amount of 50 times the
minimum salary as defined for the date the election day is determined;
63.5.4.
donations
transferred back; reasons of return;
63.5.5.
total
amount of funds received and total amount of expenditure.
63.6.
Relevant
executive authorities submit the following information on legal entities to the
relevant election commissions within 5 days after list of legal entities (which
have contributed donations to the candidates, voters associations and voters
blocks) are received from the relevant election commissions:
¨ founders of legal entity;
¨ whether legal entity has state,
municipal or foreign share;
¨ name of legal entity;
¨ date of registration.
This information is submitted in
accordance with format defined by the Central Election Commission. State
automated information system can be used for these purposes. The relevant
election commission provides the candidates, registered candidates, voters
associations and voters blocks with information received by the election
commission immediately, in accordance with their request. If the election
commission receives information about contribution which violates the
requirements of article 59.6 of this law, it immediately informs the relevant
candidate, registered candidate, voters association, voters block.
Article 64. Return of Funds of
Candidates, Registered Candidates, Voters associations, Voters Blocks
64.1.
A
candidate not registered by the relevant election commission, voters
associations and voters block with no registered single lists of candidates are
to return unexpended money remained in election fund to the physical and legal
entities which have contributed these donations (excluding transfer expenses).
This amount of money should be distributed among legal and physical entities
proportionally.
64.2.
The
following persons are to return unexpended part of election funds transferred
by the relevant election commission within 30 days after the election day:
¨ a candidate who participated in the
election for in a single-mandate election district and collected at least 3% of
total votes of voters voted (for that district) or who is elected;
¨ a registered candidate who withdrew
his/her candidacy due to circumstances that forced him/her to do that;
¨ a voters association or voters block
which has collected 3% of total votes of voters voted in the single-mandate
election district;
¨ voters associations and voters
blocks with a registered single lists of candidates or which participate in
distribution of deputy mandates;
¨ voters associations and voters
blocks which have withdrawn their single lists of candidates due to
circumstances that forced them to do that.
The National Bank should transfer
this amount mentioned in the letter to the relevant election commission when
this period finishes.
64.3.
After
a registered candidate mentioned in paragraph 2 of this article, voters
association, voters block returns the funds to the relevant election
commission, he/she transfers back unexpended funding of his/her election funds
to the physical and legal entities following the rules defined by paragraph 1
of this article. It should be performed with an agreement of relevant election
commission before the final financial report is submitted.
64.4.
A
registered candidate not considered by paragraph 2 of this article, voters
association, voters block must return all funds and transport expenses
allocated by the relevant election commission within 30 days after the election
day. After this period finishes the National Bank transfers amount mentioned in
the election commission’s letter to the relevant election commission’s account
without any dispute.
64.5.
Voters
associations, voters block not considered by paragraph 2 of this article
must pay completely all funds to cover
expenditure for free airtime and space provided by TV and radio companies and
periodicals considered by article 52.2-3. This amount should be paid from the
election fund prior to the date the final financial report is submitted.
64.6.
After
the date the final results of elections are published officially, the relevant
election commission informs the registered candidates, voters associations and
voters blocks, which are not considered by paragraph 2 of this article about
the sum of funds to be returned. These are funds transferred to the election
funds by the relevant election commission and budget allocated for transport
expenses.
64.7.
Within
3 days after the date the final results of elections are published officially,
the Central Election Commission sends the following documents to the TV and
radio companies and periodicals considered
by article 52.2 and 52.3 of this law:
¨ list of voters associations and
voters blocks as well as voters associations which are included in voters
block;
¨ their addresses;
¨ copies of joint decisions of voters
blocks on covering expenses for free airtime and space in periodicals.
64.8.
Within
10 days after the date the final results of elections are published officially
TV and radio companies and periodicals considered by article 52.2 and 52.3 of
this law inform the voters associations and voters blocks considered by
paragraph 5 of this article as well as voters associations which are included
in voters block about the following:
¨ cost of used free airtime;
¨ size and cost of space allocated by
the periodicals;
¨ their own legal address;
¨ bank information.
64.9.
Cost
of free airtime and space considered by articles 53. 5 and 53.6 and 54.4 and
54.5 of this law is determined by dividing total volume of free airtime and
space provided by TV and radio companies and periodicals in accordance with
article 53.12 of this law (to voters associations, voters block) by cost of
allocated airtime and space. When voters associations and voters blocks which
have their single list of candidates registered, use free airtime to conduct
joint election campaign actions considered by article 53.6 of this law, amount of funds returned by each
voters association and voters block is determined by dividing total volume of
airtime proportionally by the total number of participants of each joint TV
program. If voters association or voters block refuse to use free airtime or
space in a periodical in accordance with the rules and period defined by
article 53.14 and 53.11 of this law, expenditure for free airtime and space in
periodical is not paid.
64.10.
Registered
candidates, voters associations and voters blocks not considered by paragraph 2
of this law are prohibited from returning unused donations to the physical and
legal entities that contributed them, until they return funds to the relevant
election commissions or until they pay TV and radio companies and periodical
for free airtime and space. In such cases, first the voters associations and
voters blocks should return election commission’s funds. After voters
associations and voters blocks not considered by paragraph 2 of this article
return election commission’s funds and pay TV and radio companies and
periodicals for free airtime and space, they must return unused donations in
their election funds to the physical and legal entities in accordance with
paragraph 1 of this article.
64.11.
Within
60 days after the election day, the National Bank should transfer the balance
of the funds in specific bank accounts of candidates, registered candidates,
voters associations and voters blocks, according to written instructions of the
relevant election commission to the state budget.
64.12.
If
registered candidates, voters associations and voters blocks do not have funds
or they are short of funds, return of funds to the relevant election
commissions and expenditures for free airtime and space in mass media must be
paid from their own budget. If voters blocks are responsible for return of
funds or for payment of free airtime and space in mass media, amount received
up to election day should be distributed proportionally among the voters
associations which are included in the voters block, if no other cases are
considered by the joint decision submitted to the Central Election Commission,
on establishment of voters block.
64.13.
A
registered candidate who is not considered by paragraph 2 of this article and
who has not followed requirements of paragraph 4 of this article until he/she
submits a final financial report, and if he/she undertakes to submit a final
financial report and to return the funds, he/she can return funds to the
relevant Territorial Election Commission within 12 months starting from the
election day.
64.14.
If
voters associations and voters blocks which are not considered by paragraph 2
of this article and which have not fulfilled requirements of paragraphs 4 and 5
of this article before they submit final financial report, undertake to return
funds to budget and to pay expenditures for free airtime and space in mass
media, they can pay it within 12 months beginning election day.
64.15.
If
obligations required by paragraphs 13 and 14 of this article are not performed,
or period for payment is finished, funds will be returned by the court. If
registered candidates, voters associations and voters blocks not considered by
13th and 14th paragraphs of this article do not perform obligations considered
by 13th and 14th paragraphs of this article before they submit final financial
report, funds will be returned by the court before financial reporting
finishes.
64.16.
If a
candidate or registered candidate looses his/her status, a person who is
considered a candidate and registered candidate are responsible for the
obligations mentioned by this article. Political parties which participated in
elections as voters association or voters block are responsible for voters
association’s and voters block’s obligations considered by this article, after
elections finish.
64.17.
Within
12 months starting the election day TV and radio companies and periodicals
considered by article 52.2 and 52.3 of this law inform the Central Election
Commission on political parties which have not completely covered expenditures
for free airtime and space considered by paragraph 5 of this article. Within 12
months starting the election day, the Territorial Election Commission informs
the Central Election Commission on citizens who are considered by paragraph 4
of this article and who have not performed their obligations.
64.18.
The
Central Election Commission provides the Territorial Election Commission with
information on persons who have not performed their obligations and who are
considered by paragraph 4 of this article, within 5 days after a decision on
determination of main, repeated or additional elections is officially
published. Persons who have not performed their obligations, do not have rights
to get funds from the relevant election commissions during the main, repeated
or additional elections regardless of what election district they have been
nominated for. Voters association which participated in the previous elections
independently or as a member of a voters block and which has debts to the
Central Election Commission during the period considered by paragraphs 4 and 5
of this article or for the date next election day is determined, does not have
the right to get funds from the Central Election Commission and cannot be
provided free airtime and space in the mass media. These rules concern voters
blocks which is established from the voters associations mentioned above.
Article 65. Financing
Election Commissions
65.1.
Funds
allocated for preparation and conduct of elections and for organization of
election commissions’ activities are used by the election commissions
independently for the purposes defined by this law.
65.2.
The
following election activities are financed from the state budget including
balance of funds from the previous elections:
65.2.1.
establishment
of election funds of registered candidates, voters associations and voters
blocks which have their single lists of candidates registered in accordance
with the rules and number defined by this law;
65.2.2.
to
cover transport expenditures and compensations paid for candidates registered
for a single-mandate election district in accordance with article 46 of this
law;
65.2.3.
to pay
salaries for members of election commissions who have decisive votes, employees
of election commissions or part-time employees who work on the basis of civil-legal contract;
65.2.4.
producing
stamps, implementing transport activities; getting technical equipment and its
installation;
65.2.5.
transport
expenditures, as well as transport expenditures in remote districts;
65.2.6.
transportation
and security of election documents;
65.2.7.
development
of election system, voters education and election organizers’ education;
implementation of purposed programs in this field;
65.2.8.
business
trip and other expenses regarding the elections; other expenses regarding
powers and functions of election commissions.
65.3.
Average
monthly salary of election commission member with a casting vote who is
released from his/her employment during the preparation and conduct of
elections should be remained by his/her employer at his/her main working place.
Salaries for permanent commission members and personnel are paid by the
relevant election commission in accordance with rules and amount defined by the
Central Election Commission.
65.4.
Rules
for transfer of money allocated by the Central Election Commission for other
election commissions, report, registration, opening and closing bank accounts
are defined by the Central Election Commission together with the National Bank.
The bank does not charge election commissions for opening bank account and for
conducting bank operations. No interest is paid for use of these accounts.
Election commissions conduct financial records of funds allocated from the
state budget.
65.5.
The
Central Election Commission together with the National Bank defines the samples
of following documents:
¨ financial reports of election
commissions on receipt and expenditure of funds allocated for preparation and conduct of elections;
¨ candidates’, registered candidates,
voters associations’ and voters blocks’ document on receipt and expenditure of
funds to and from their election funds.
65.6.
The
Precinct Election Commission submits
its financial report on receipt and expenditure of election funds allocated
from the state budget to the Territorial Election Commission within 3 days
after the election day.
65.7.
The
Territorial Election Commission submits a financial report on receipt and
expenditure of funds allocated from the state budget to the Central Election
Commission within 10 days after the election day.
65.8.
The
Territorial Election Commission submits information on receipt and expenditure
of election funds of candidates and registered candidates to the Central
Election Commission within 10 days after final results of elections for
single-mandate election district are officially published.
65.9.
The
Central Election Commission provides Milli Majlis and the mass media with the
following information within 3 months after official results of elections are
published:
¨ use of budget;
¨ use of election funds by candidates,
registered candidates,;
¨ expenditure of election funds of
voters associations and voters blocks.
Information mentioned above should
be published by the official press of the Central Election Commission starting
the date it submitted this information to Milli Majlis.
Article 66. Control
and Inspection Services of Election Commissions
66.1.
The
Central Election Commission and the Territorial Election Commissions create a
control and inspection service to ensure:
¨ the control of expenditure of
funding allocated for election purposes;
¨ correct registration and use of
election funds;
¨ sources of funding.
66.2.
Control
and Inspection service includes the following:
¨ head of the control and inspection
service;
¨ election commission members
appointed to that service, experts invited from the government, National Bank
and other organizations and institutions.
According to the request of relevant
election commissions, bodies mentioned above should send relevant specialists
to the Central Election Commission at least for 6 months and to the Territorial
Election Commission at least for 4 months after the publication of decision on
determination of election day.
66.3.
When
experts invited to the control and inspection service are released from their
employment, their salaries and other payments will be preserved.
66.4.
The
Central Election Commission approves decree on control and inspection service.
The relevant election commissions implement activities regarding the
organizational, legal, material and technical insurance of control and
inspection service.
66.5.
The
control and inspection service has the following rights to control:
¨ receipt of funding to the election
funds of candidates, registered candidates, voters associations, voters blocks;
¨ registration of these funds and
purposed expenditure;
¨ purposed expenditure of funds
allocated for subordinate election commissions.
For these purposes the control and
inspection service:
66.5.1.
inspects
financial reports of candidates, registered candidates, voters associations and
voters blocks, subordinate election commissions;
66.5.2.
obtains
information on all issues within its powers from the candidates, registered
candidates, voters associations and voters blocks, election commissions;
66.5.3.
obtains
necessary information on issues concerning this service and finance of
elections from the executive authorities, other state bodies, organizations and
citizens; all abovementioned must provide the control and inspection service
with information required within 10 days, but 5 days prior to election day and
on election day – immediately;
66.5.4.
prepares
documents on financial violations occurred during the finance of elections;
66.5.5.
raises
a matter with the relevant election commission on implementation of measures of
accountability for the violations occurred during finance of elections by
physical and legal entities, candidates, registered candidates, voters
associations and voters blocks;
66.5.6.
invites
experts for conducting investigations and for preparing expert considerations.
CHAPTER X.
VOTING AND
DETERMINATION OF VOTING RESULTS
Article 67. Voting
Station
67.1.
The
relevant executive body or municipality allocates voting station premises to
the Precinct Election Commission free of charge.
67.2.
There
must be a hall with ballot box, voting compartments and other equipment for
secret ballot in the voting station. Or voting compartments equipped with
light, desk and pens for secret ballot.
67.3.
The
Precinct Election Commission places a notice board inside the voting station or
in front of it with the following:
¨ samples of ballot papers;
¨ information on voters associations
and voters blocks which have their single lists of candidates registered;
¨ following information about all
candidates registered for a single-mandate election district:
· name, surname;
· date of birth;
· education;
· main working (serving) place and
occupation;
· address;
· who has nominated him/her.
If a registered candidate or a candidate
included in the single list of candidates had been sentenced and it is not
served or canceled, name and number of relevant article of the Criminal Code
should be recorded in abovementioned information. If a candidate had executed
an action which requires accountability in foreign country where he/she lives,
name of the relevant law should be recorded as well.
Single lists of candidates registered by
the Central Election Commission should be displayed in the voting station.
Samples ballot papers must not contain actual names, surnames of registered
candidates and candidates included in the single list of candidates or actual
names of voters associations and voters blocks. Information on candidates,
voters associations and voters blocks appears in the same order that it appears
in ballot paper. These notice boards should contain information on
accountability for violation citizens’ suffrage. All these should be displayed
in the voting station in a convenient place for voters to have access to it.
67.4.
Samples of protocols that are larger than
normal format should be displayed in the voting station for recording
information on voting results.
67.5.
Voting stations should be located in
places that have a place for issuing ballot papers, voting compartments, other voting
places and ballot boxes that are easily accessible to the commission members
and observers and where they may easily observe the processes.
Article 68. Ballot Papers
68.1.
Rules for preparation of ballot papers,
their number and requirements for preparation of ballot papers are approved by
the Central Election Commission at least 35 days prior to election day.
68.2.
Ballot papers are prepared for
single-mandate and multi-mandate election district. Ballot papers for
single-mandate and multi-mandate election districts should differ. The content
of the ballot paper can be printed on
one side only.
68.3.
Ballot paper for a single-mandate
election district, as defined by the lottery, should contain short names of
voters associations and voters blocks and their emblems in the same colour. The
Central Election Commission conducts lottery at least 36 days prior to election
day. Authorised representatives of voters associations and voters blocks should
be present in the process of lottery. Number received by the voters associations
and voters blocks should be kept till the end of elections. Names, surnames,
patronymic’s of first three candidates nominated by voters associations and
voters blocks should be placed under the names of voters associations and
voters blocks.
68.4.
To the right hand side of the names of
votes associations and voters blocks, there must be a blank box. To the end of
the list of voters associations and voters blocks, at the blank box which is on
the right side, there must be a line containing “against all single lists of
candidates”.
68.5.
A ballot paper for a single-mandate
election district should contain the following information on the candidates in
alphabetical order:
¨ name,
surname, father’s name, nickname;
¨ date
of birth;
¨ address;
¨ main
working or serving place (if he/she does not have them - type of activity);
¨ if
he/she has an elected position in state and municipal bodies;
¨ who
has nominated him/her.
The ballot paper should also contain
information on candidate’s party affiliation, party’s short name, candidate’s
status in this party, according to articles 34.8 or 37.4 of this law. To the
right hand side of the information on each registered candidate there must be a
blank box. To the end of the list of all registered candidates at the blank box
which is on the right side, there must be a line containing “against all
candidates”.
68.6.
If a registered candidate had been
sentenced and it is not served or canceled, the name and number of relevant
article of the Criminal Code should be recorded in ballot paper. If a candidate
had executed an action which requires accountability in a foreign country, name
of the relevant law should be recorded as well.
68.7.
Each ballot paper should contain
instructions on how to complete it.
68.8.
The ballot paper is printed in the national
language.
68.9.
The ballot papers are printed at least 22
days prior to election day in accordance with instructions of the Central
Election Commission, with observation of its members.
68.10. The
printing company ensures sort of ballot papers, and transfers ballot papers to
the authorised representatives of election commission in accordance with the
act which contains the number of ballot papers, date and time of transfer. After the ballot papers are transferred in
accordance with request, sorted and extra ballot papers are destroyed and an
act on this, with signatures of all participants, is prepared. Members of
relevant election commissions, registered candidates, authorised
representatives and agents of voters associations and voters blocks as well as
persons considered by article 26.5 of this law can observe the process
mentioned above. The relevant election commissions should inform the registered
candidates, authorised representatives of voters associations and voters blocks
about the place and time of transfer of ballot papers.
68.11. The
Central Election Commission, after it receives ballot papers from the printing
company, prepares an act which contains number, date and time of transfer, with
the participation of members of relevant Territorial Election Commissions at
least 20 days prior to election day. Then it transfers ballot papers to the
chairpersons of the Territorial Election Commissions. The number of ballot
papers to be transferred to the Precinct Election Commissions is determined by
the Territorial Election Commission. The Territorial Election Commission
transfers ballot papers to the Precinct Election Commissions 4 days prior to
election day. Number of ballot papers transferred to the Precinct Election
Commission cannot be more than 90% of voters included in the voters list for
the date ballot papers are transferred, or cannot exceed it by more than 0.5%.
On each ballot paper, in the top right hand corner, must appear the signatures
of two PEC members with casting vote, verified by the stamp of the Precinct
Election Commission.
68.12. Chairpersons
who transfer, receive and secure the ballot papers are responsible for
transferring and preserving the ballot papers.
68.13. If,
after the ballot papers have been produced, a candidate withdraws his/her
candidacy or his/her registration is canceled, or if some voters associations
or voters blocks withdraw their single lists of candidates, the Territorial or
Precinct Election Commissions cross names of candidates or voters associations
and voters blocks in accordance with the request of election commissions which
have registered the single list of candidates. If in case of need to add
information about candidate, voters associations or voters block to the ballot
paper, or to make some changes, only members of the Territorial or Precinct
Election Commissions can add information or make changes in handwriting
verifying it with a stamp of the relevant commission.
68.14. Only
in exceptional cases, precincts established on ships sailing on election day,
or precincts in remote districts are allowed to prepare election documents and
ballot papers, if these precincts have technical possibilities. With an
agreement of the Central Election Commission, the relevant Territorial Election
Commission makes a decision on preparation of election documents, showing
number of copies to be printed.
68.15. On
election day, after voting finishes, the Territorial Election Commission
cancels used ballot papers and prepares an act on it. Persons considered by
article 26.5 of this law can participate in the process mentioned above.
Secretary of the commission preserves these ballot papers together with other
documents of the commission.
Article 69. De-registration Form for Voting
69.1.
At least 60 days prior to election day,
the Central Election Commission approves format, rules for preparation, number,
requirements for preparation of de-registration form (hereafter referred as
voting card). Voting cards are transferred to the subordinate election
commissions in accordance with the rules defined for transferring of ballot
papers. Chairpersons of the relevant election commissions are responsible for
transfer of voting cards.
69.2.
A voter who cannot vote in the voting
station where he/she is included in the voters list on the election day, can
get a voting card from the relevant Territorial Election Commission (45-25 days
prior to elections day) or from the Precinct Election Commission (24-1 days
prior to election day). According to this card, a voter can vote in the
precinct where he/she is on the election day.
69.3.
A voting card is issued to the voter
based on his/her request, or to his/her representative based on power of
attorney verified by the notary office. Voters request should contain reasons
for application. If a voter is in hospital or jail, power of attorney can be
verified by the managers of those organizations and places.
69.4.
The Territorial Election Commission prepares the register of the voting cards.
This register contains the following information about the voter who receives a
voting card:
¨ surnames,
names, fathers’ names;
¨ date
of birth;
¨ address.
25 days prior to election day the
Territorial Election Commission transfers approved extract from the
abovementioned register together with the voters lists. The Precinct Election
Commission can make relevant notes on
the voters list based on these extracts.
69.5.
A voter or voter’s representative signs
in the register (in the Territorial Election Commission) or on the voters list
(in the Precinct Election Commission) on the receipt of voting card recording
batch and serial number of their identification document or of a document which
substitutes it. According to this, a voter is removed from the voters list of
the relevant election commission. He/she is not considered while counting votes
and he/she is not included in the relevant protocol.
69.6.
A voting card should be verified by the
stamp of election commission that issues it. This voting card should contain
the signature of a member of the Territorial or Precinct Election Commissions
that issued it.
69.7.
On presenting voters card, a voter should
be included in the relevant voters list, after this voting card should be given
to the relevant election commission. In such cases, when a voter is issued a
ballot paper, he/she records his/her address on the voters list additionally.
69.8.
On the election day, before voting
starts, right hand corners of unused voting cards are cut and a relevant
document is prepared on it.
Article 70. Voting
Rules
70.1.
Voting
is conducted from 7:00 hours to 21:00 hours on election day. Precinct Election
Commissions must inform voters of the voting station location and the hours of
voting, at least 20 days prior to election day.
70.2.
Precinct
Election Commissions established in the ships which sail under the flag of the
Azerbaijan Republic, military units or remote areas, if all votes registered in
the voters list for the Precinct Election Commission have voted, can announce
that voting has finished before the scheduled closing time.
70.3.
If a
voter cannot attend the voting station on election day, due to his/her health
or other reasons, he/she may inform the Precinct Election Commission, at least
24 hours prior to election day, of his/her wish to vote using the mobile ballot
box. The Territorial Election Commission may permit the conducting of voting on
the ships which sail under the flag of the Azerbaijan Republic or which is on
expedition on election day and other remote places not earlier than 15 days
prior to election day.
70.4.
The
Precinct Election Commission chairperson announces the voting station is open at
7.00 AM, shows empty ballot boxes to the commission members, voters who are
present there, observers and then seals them; then requests Precinct Election
Commission members to commence the voting process.
70.5.
Each
voter receives 2 ballot papers – for single multi-mandate election district and
for single-mandate election district. A voter records his/her ID, or other
document which substitutes it, series and number on the voters list after
he/she receives a ballot paper. Series and number of ID or other document which
substitutes it are recorded on the voters list by the Precinct Election
Commission member. The voter checks the record and signs if it is correct. If
the voter cannot receive his/her ballot paper without help, he/she may ask
another person, except for Precinct Election Commission members and observers,
for assistance. The person who assisted the voter to receive the ballot paper
writes his/her surname and signs on the voters list in a special column
“Signature on receipt of voter’s ballot paper”.
70.6.
When a
voter is given a ballot paper, the left corner of the ballot paper is cut off
and retained by the Precinct Election Commission member.
70.7.
Each
voter votes personally. It is not allowed to vote for other people. The ballot
paper is completed in a special secret ballot voting compartment, which is
equipped with special equipment. If a voter cannot complete the ballot paper
himself/herself, he/she can ask any other person, except Precinct Election
Commission member and observers, to assist him/her in the voting compartment.
That person’s surname is shown in the voters list beside the voter’s signature
for receiving the ballot paper.
70.8.
The
voter marks a single box located to the right of the voters associations and
voters blocks, list of candidates of
which he/she has voted for in the single multi-mandate election
district, or “against single list of all candidates”. In a single-mandate
election district, a voter marks a single box to the right of the last names of
candidates or the box located to the right of the title “against all
candidates”. The voter places the
completed ballot paper in the ballot box.
70.9.
Ballot
boxes are positioned in the voting station so that observers and Precinct
Election Commission members have an unobstructed view of them.
70.10.
The
Precinct Election Commission should give all voters the opportunity to vote,
including those who requested a mobile ballot box. To enable this, there must
be mobile ballot boxes, the number of which is determined by the Precinct
Election Commission, in the voting
station. The request to use a mobile ballot box sent by a voter to the Precinct
Election Commission must be verified again in writing by the voter at the time
of voting, in the presence of not less than 2 Precinct Election Commission
members, and observers. If a voter did not make a written request for a mobile
ballot box, he/she must make an application in the presence of Precinct
Election Commission members. The voter records the receipt of his/her ballot
paper in the request and verifies this with his/her signature. The application
must contain the same information about the voter as appears in the voters
list. Precinct Election Commission members who accompany the mobile ballot box
should take the number of ballot papers equal to the number of requests. The
number of used and returned ballot papers from voters requesting a mobile
ballot box must be recorded in a separate document. At the same time, the
voters voting using the mobile ballot box are marked on the voters list.
Observers have the right to be present while voters vote using mobile ballot
box. After the mobile ballot box is returned by the Precinct Election
Commission members to the voting station, it is not opened until vote counting
commences. Mobile ballot box voting must be organized so that there are no
violations of the voter’s right to vote or the requirements for a secret ballot
and not influencing the voter’s choice.
70.11.
The
Precinct Election Commission chairperson controls adherence to the rules within
the voting station. All persons in the voting station must follow his/her
directions. If a Precinct Election Commission chairperson is absent, his/her
deputy, assumes the chairperson’s powers. If the deputy is also not available,
the chairperson’s powers are assumed by the secretary. Any Precinct Election
Commission member who tries to influence a voter or violates the rules of the
secret ballot, is dismissed from
his/her job immediately. Observers breaching these rules are removed immediately
from the voting station. The Precinct Election Commission decides these
matters.
70.12.
Persons,
except voter voting, commission members and observers cannot be present in the
voting station. State officials are prohibited to be present in the voting
station, except the cases they have been invited by the Precinct Election
Commission and they are voting. Officials of the executive authority can be
present if they preserve law and order in the voting station or relevant
specialists if they solve some technical problems if they are invited by the
chairperson of the Precinct Election Commission.
70.13.
If a
voter realizes that he/she has made an error in marking his/her ballot paper,
he/she can ask for a replacement ballot paper from the same Precinct Election
Commission member who issued the original ballot paper. In this case the
Precinct Election Commission member gives him/her a new ballot paper and makes
the necessary note to the right of the voters surname on the voters list. Later, the spoiled ballot paper is canceled
and a separate document is prepared recording this.
Article 71. Counting
the Votes in the Voting Station
71.1.
When voting hours end, the Precinct
Election Commission chairperson announces: “only voters who have already
received ballot papers and those in the voting compartments (booth) can vote“.
Before opening the ballot box, Precinct Election Commission members count and
cancel unused ballot papers in the presence of observers in the voting station.
The number of unused ballot papers is announced and recorded in the final
protocol of voting results. The Precinct Election Commission chairperson then
examines the stamps and seals of the ballot boxes, shows these to the Precinct
Election Commission members and observers and opens the ballot boxes.
71.2.
Ballot boxes are opened one by one: first
the mobile ballot box, the ballot box in the voting station. Ballot papers in
the mobile ballot box are counted first. The number of ballot papers must not
be more than the number of requests. When counting ballot papers from a mobile
ballot box, if the number of ballot papers is more than the number of requests,
then all ballot papers in the mobile ballot box are considered to be invalid by
decision of the Precinct Election Commission. A report (an act) on this, which
includes a list of the surnames of the commission members that accompanied the
mobile ballot box, is attached to the final protocol.
71.3.
When counting the votes, the following
types of ballot papers are separated: ballot papers of indeterminate form,
ballots that are not officially produced, ballot papers that have not been
verified by the Precinct Election Commission and ballot papers which are
considered to be invalid.
71.4.
If the voting intention of the voter is
clear, the ballot paper is valid. If it is difficult to determine the validity
of a ballot paper, if a box is marked more than once or it is not marked at
all, the ballot paper is considered to be invalid. If there doubts about the
validity of a ballot paper, the Precinct Election Commission votes to determine
if the ballot paper is considered valid. If a decision is made to consider
ballot paper invalid, reasons for the decision are recorded on the reverse side
of the ballot paper. This record must be approved by the signatures of at least
3 Precinct Election Commission members. Invalid ballot papers are packed
separately.
71.5.
Counting of votes by the Precinct
Election Commission chairperson, in the presence of Precinct Election
Commission members, continues without a break until the count is finished. All
Precinct Election Commission members and observers are advised of the results
of voting.
71.6.
The Precinct Election Commission prepares
2 protocols on voting results: protocol #1 for single mandate election district
and protocol #2 for single multi-mandate election district. Both protocols contain
the following information:
¨ total
number of voters on the voters list (including in separate columns – on the
supplementary list);
¨ number
of ballot papers transferred to the Precinct Election Commission;
¨ number
of ballot papers issued to the voters in the voting station on election day;
¨ number
of ballot papers issued to the voters who requested mobile ballot box;
¨ number
of ballot papers canceled;
¨ number
of ballot papers inside the ballot box in the voting station (except ballot
papers not in the defined form);
¨ number
of valid ballot papers;
¨ number
of ballot papers inside the mobile ballot box (except ballot papers not in the
defined form);
¨ number
of invalid ballot papers (including in separate columns – ballot papers not in
the defined form and blank ballot papers).
71.7.
The following additional information is
recorded in the protocol #1:
¨
names, surnames, fathers’ names of the
candidates who appear on the ballot papers, and if more than one of the
abovementioned are the same, additional information about them;
¨
the number of votes cast for each
candidate;
¨
the number of votes cast against all
candidates.
71.8.
The following additional information is
recorded in the protocol #2:
¨
names of voters associations and voters
blocks which appear on the ballot papers;
¨
the number of votes cast for each voters
associations and voters blocks;
¨
the number of votes casts against the
single list of candidates of all blocks.
71.9.
Number of voters who have voted
with a de-registration card is added to the number of voters who appear on the
voters list of the precinct (number of voters who have been de-registered from
this precinct is not included).
71.10. The
final protocol on voting results is completed in 3 copies (using carbonized
paper) with the participation of Precinct Election Commission members and in
the presence of observers, and is signed by all Precinct Election Commission
members. If a Precinct Election Commission member does not agree with the
protocol or some parts of it, he/she can add his/her opinion to the protocol,
and this is noted in the protocol. It is prohibited to complete a protocol on
voting results in pencil or to make corrections on it.
71.11. If
a superior election commission has doubts about the protocol from a Precinct
Election Commission, it can make a decision on recounting the votes in that
voting station. Votes are recounted by the Precinct Election Commission in the
presence of superior election commission members.
71.12. First
copies of each protocol should be transferred to the Territorial Election
Commission and should be attached the following:
¨ complaints
(applications) about violations of this law received by the Precinct Election
Commission and decisions made by the Precinct Election Commission in respect of
these complaints and applications;
¨ a
document on receipt of ballot papers by
the Precinct Election Commission;
¨ a
document on canceling the unused ballot papers (recording their number);
¨ an
act on issuing voting cards and on canceling unused voting cards (recording
their number).
All
documents mentioned above should be signed by the chairperson and secretary of
the Precinct Election Commission. Verified copies of complaints (applications),
decisions of Precinct Election Commissions and acts mentioned above are
attached to the second copy of the protocol.
71.13. The
second copy of each protocol, the packaged and sealed ballot papers, the torn
off left corners of these ballot papers, the list of observers and
representatives of the mass media who observed the count, are preserved by the
secretary of the Precinct Election Commission until the Precinct Election
Commission has finished its activity.
71.14. The
Precinct Election Commission approves and sends the first copy of the protocol
to the relevant Territorial Election Commission within the 24 hours after election day.
71.15. The
third copy of the protocol is considered those which are displayed on the
board, with all information, for general information of observers and
representatives of the mass media, and it is signed in accordance with the
rules.
71.16. If
a Precinct Election Commission member with a decisive vote does not agree with
the protocol or some parts of it, he/she can add his/her opinion to the
protocol, and this is noted in the protocol.
71.17. Election
documents and ballot papers must be sent to the relevant Territorial Election
Commission not later than 10 days after election results are officially
announced.
71.18. Precinct
Election Commissions established outside of the Azerbaijan Republic send the first copy of the protocol on
voting results with the documents attached to it to the Territorial Election
Commission defined by the Central
Election Commission within 3 days
(starting from election day).
71.19. If
the Precinct Election Commission finds mistakes or something not accurate in
the protocol after it has been signed, this matter should be discussed in its
meeting. Persons mentioned in the article 26.2 of this law should be informed
about the date and time of the meeting. A new protocol should be completed.
This new protocol should contain the word “repetition” and send to the Territorial
Election Commission immediately.
Article
72. Determination of Election Results by Territorial Election Commission in
Single-mandate Election district
72.1.
The Territorial Election Commission
summarizes all information based on the first copy of the protocols of Precinct
Election Commissions on voting results (after accuracy of them has been
checked) and determines the results of the election in single-mandate area and
final results of voting in single multi-mandate election districts. Summarizing
of information from protocols of Precinct Election Commission on voting results
is performed directly by the Territorial Election Commission members who have
the decisive vote.
72.2.
The Territorial Election Commission can
consider the elections void in the following circumstances:
72.2.1. if
less than 25% of voters included in the voters list up to the end of elections
record their votes;
72.2.2. if
the number of votes cast for a candidate who has recorded the most votes is
less than the number of votes cast against the all candidates.
72.3.
The Territorial Election Commission
considers the elections to be invalid in the following circumstances:
72.3.1. the
election commission cannot determine the voting intention of voters due to
violations occurred during the conduct of voting or during the determination of
results of voting;
72.3.2. if
number of voting stations results of
which are canceled is more than 25% of all voting stations within the relevant
territory;
72.3.3. on
the basis of court’s decision.
72.4.
The Territorial Election Commission
completes a protocol #1 on the results of elections in single-mandate election
district on the basis of protocols #1 provided by the Precinct Election
Commissions. This protocol contains the followings:
¨
number of Precinct Election Commissions;
¨
number of protocols #1 provided by these
Precinct Election Commissions (protocols on which the Territorial Election
Commission based while completing its protocol);
¨
summary of information mentioned in the
article 70 of this law and from protocols #1 provided by the Precinct Election
Commissions;
¨
names, surnames and fathers’ names of
candidates elected as a deputy.
72.5.
Candidates who record the most votes of
the voters who have participated in the elections are considered to be elected
from the single-mandate election district. If a vote is tied among the
registered candidates, then the candidate registered first is considered to be
elected.
72.6.
The Territorial Election Commission
completes a protocol #2 on results of voting in the single multi-mandate
election district part of which is within the territory of the single-mandate
area, based on the protocols #2 of the Precinct Election Commissions. This
protocol contains:
¨ number
of Precinct Election Commissions;
¨ number
of PEC protocols #2 which the TEC based on while completing its protocol #2;
¨ summary
of information mentioned in the article 70 of this law and from the PEC
protocols #2.
72.7.
The protocols #1 and #2 of the
Territorial Election Commission are completed in 3 copies of each and are
signed by the members of this commission who have the right of casting vote.
First copies of each protocol should be transferred to the Central Election
Commission immediately and it should be attached the followings:
¨ complaints
(applications) about violations of this law received by the Territorial
Election Commission and decisions made by the Territorial Election Commission
in respect of these complaints and applications;
¨ a
document on receipt of ballot papers by
the Territorial Election Commission;
¨ a
document on canceling the unused ballot papers (recording their number);
¨ a
document on issuing voting cards and on canceling unused voting cards
(recording their number).
All
documents mentioned above should be signed by the chairperson and secretary of
the Territorial Election Commission. Verified copies of complaints
(applications), decisions of Territorial Election Commissions and acts
mentioned above are attached to the second copy of the protocol.
72.8.
The second copy of each protocol, the
packaged and sealed ballot papers, the torn off left corners of these ballot
papers, the list of observers and representatives of the mass media who
observed the count, are preserved by the secretary of the Territorial Election
Commission until the Territorial Election Commission has finished its activity.
72.9.
Third copy of each protocol is displayed
on a relevant board for the general information of the persons mentioned in the
article 26.5 of this law; attaching to them approved copies of the documents
mentioned in the article 75.7 of this law.
72.10. If
a Territorial Election Commission member with a decisive vote does not agree
with the protocol or some parts of it, he/she can add his/her opinion to the
protocol, and this is noted in the protocol.
72.11. If
the Territorial Election Commission finds mistakes or something not accurate in
the protocol after it has been signed, this matter should be discussed in its
meeting. Persons mentioned in the article 26.2 of this law should be informed
about the date and time of the meeting. A new protocol should be completed.
This new protocol should contain the word “repetition” and send to the Central
Election Commission immediately.
72.12. If
the Territorial Election Commission finds any mistakes, corrections or
differences in the protocols (including other documents) provided by the
Precinct Election Commissions, it can make a decision on recounting the votes
in the relevant precinct. Votes are recounted with the participation of the
Territorial Election Commission members who have the decisive vote. Persons
mentioned in the article 26.2 of this law are informed in advance about the
recount. A relevant protocol is completed on recount of votes and this protocol
is recorded “recount of votes”.
Article
73. Determination of Results of Voting in the Single Multi-Mandate Election
districts
73.1.
The Central Election Commission
summarizes all information from the protocols #1 on results of voting (after
accuracy of them has been checked) of the Precinct Election Commissions and
determines the results of election in the single multi-mandate election district.
Summary of information from the protocols of the Territorial Election
Commissions is performed directly by the CEC members with a decisive vote.
73.2.
Number of voters participating in the
elections in a single mandate election district is determined on the basis of
number of ballot papers which are in the determined form, inside of the ballot
box.
73.3.
Voters associations and voters blocks can
get a mandate only then if 8% of voters participating in the elections have
voted for the single list of candidates nominated by them.
73.4.
Using the quota and remainder method,
mandates are distributed among the voters associations and voters blocks
proportionally, based on votes collected by voters associations and voters
blocks. Firstly, the number of votes required for the quota, i.e. for receiving
one mandate, is determined by dividing the total number of voters who voted in
multi-mandate areas, by the number of mandates. Then, the number of votes cast
for the single list of candidates nominated by voters associations and voters
blocks is divided by the voting quota and the resulting figure shows the number
of mandates for each party. The remaining mandates are distributed based on the
method of the highest remainder, that is the remaining votes after the
previously described division are distributed systematically according to the
highest proportions of a quota amongst the lists of candidates.
73.5.
Candidates in a single list receive
mandates based on their position in the list shown by the voters associations
and voters blocks.
73.6.
A candidate who has the right to receive
a mandate can refuse to get it. An application on refusal of receiving a
mandate cannot be withdrawn. In such cases a mandate is given to the person
whose name appears in the single list of candidates, whose name comes
immediately after the name of a candidate who refused to receive a mandate and
who was not considered to be given a mandate.
73.7.
The Central Election Commission considers the elections to be void in the
single multi-mandate elections area in the following circumstances:
¨ if
less than 25% of voters have participated in the elections in multi-mandate
election district or
¨ if
non of the voters associations and voters blocks could collect more than 8% of
votes of voters.
73.8.
The Central Election Commission considers the elections to be invalid in the
single multi-mandate election district in the following circumstances:
73.8.1. if
violations occurred during the conduct of voting or during the determination of
results of voting do not allow to clear the voting intention of voters;
73.8.2. if
number of voting stations (in single-mandate election district) results of
which are canceled is more than 25% of all voting stations within the relevant
territory;
73.8.3. on
the basis of court’s decision.
73.9.
The Central Election Commission includes
the following information in the protocol on distribution of deputy mandates
among the voters associations and voter blocks:
¨ number
of Territorial Election Commissions in the Azerbaijan Republic;
¨ number
of protocols #2, which the CEC based on, provided by the Territorial Election
Commission;
¨ summary
of information mentioned in the article 71 of this law and information from the
protocols #2;
¨ names
of voters associations and voters blocks which participate in the distribution
of mandates, and number of mandates given to the single list of voters
nominated by each of them;
¨ name,
surname, father’s name of each candidate elected as a deputy.
This
protocol of the Central Election Commission is signed by members of the
commission who have decisive vote. A table which contains the complete results
of elections in single multi-mandate election district is attached to the
protocol.
73.10. If
a commission member who has a decisive vote does not agree with the protocol or
some parts of it, he/she can add his/her opinion to the protocol, and this is
noted in the protocol. Complaints (applications) received by the Central
Election Commission on violations of the requirements of this law and decisions
made on them are attached to this protocol.
73.11. Approved
copies of the protocol and summarized table are submitted to the following
persons:
¨ all
Central Election Commission members;
¨ observers
who were present while determining the results of elections in multi-mandate
election district;
¨ persons
mentioned in the article 26.1 of this law;
¨ representatives
of the mass media.
73.12. If
mistakes, changes or differences are found out in the protocol or summarizing
table of the Central Election Commission after they are approved, the Central
Election Commission must discuss the matter on making changes to the protocol
and table in its meeting. Persons mentioned in the article 26.2 of this law,
members of the CEC who participated in completing the protocol and observers
(including representatives of mass media) are informed about the place and time
of the meeting in advance.
73.13. If
the Central Election Commission finds
any mistakes, corrections or differences in the protocols (including other
documents) provided by the Territorial Election Commissions, it can make a
decision on recounting the votes in the relevant territory. Votes are recounted
with the participation of the Central Election Commission members who have the
decisive votes. Persons mentioned in the article 26.2 of this law are informed
in advance about the recount. A relevant protocol is completed on recount of
votes and this protocol is recorded “recount of votes”.
Article
74. Determination of General Results of Elections
74.1.
The Central Election Commission
determines general results of elections within 10 days, starting from election
day, based on the protocols on determination of results of elections in single
multi-mandate area and the protocol on distribution of deputy mandates, the
protocols #1 of the Territorial Election Commissions.
74.2.
The Central Election Commission considers
the results of elections to be invalid
in the single-mandate election districts if it cannot determine voters’
intentions due to violations occurred during the conduct of voting or during
determination of voting results.
Article
75. Check and Approval of Results of Elections
75.1.
According to the article 85 of the
Constitution, Constitutional Court of the Azerbaijan Republic checks and
approves the results of the elections.
75.2.
The Central Election Commission submits protocols #1 and #2 (together with documents
attached to the protocol in accordance with this law) of the Territorial
Election Commissions, its own decision on determination of election results in
single multi-mandate areas to the Constitutional Court not later than 10 days
after election day.
75.3.
After the Constitutional Court receives
documents mentioned above, it enlists specialists and checks if they answer the
requirement of this law within 10 days period.
75.4.
If TEC protocols and documents attached
to them and CEC’s relevant decision answer the requirement of this law, the
Constitutional Court approves the results of elections.
75.5.
If complete results of elections are not
approved, new elections should be determined in accordance with the article 5
of this law.
75.6.
If election results in single
multi-mandate election district or in single-mandate election district are not
approved, repeated elections are determined in accordance with the article 75
of this law.
Article 76. Repeated
Elections
76.1.
The
Central Election Commission conducts repeated elections based on the article
72,73, and 74 if in accordance with
rules defined by this law:
¨ elections are considered void in the
relevant election district;
¨ elections are considered invalid in
the relevant election district;
¨ results of elections are canceled
according to article 85.4.
The repeated elections should be
conducted not later than 4 months after the initial elections, or not later
than 3 months after the elections have been announced void or invalid. During
the repeated elections election activities can be reduced twice. In such cases,
the Central Election Commission can prolong term of office of Territorial and
Precinct Election Commissions or can reform them. If repeated elections have
been considered void based on article 72.2 of this law, other repeated
elections can be conducted in the same district not later than a year after the
last repeated elections.
76.2.
Repeated
elections are not conducted if term of office of Milli Majlis finishes less
than a year.
76.3.
During
repeated elections, deputy of Milli Majlis cannot nominate himself/herself as a
candidate.
Article 77.
Registration of Deputies Elected to Milli Majlis
77.1.
The
relevant election commission informs the candidate immediately after it signs
the protocol on results of elections. Within 5 days the candidates elected as
deputies should submit an application which contains the candidate’s
obligations on termination of his/her functions which
exceed the status of the deputy (considered
by article 85.2 of the Constitution) together with a copy of document on
resignation (copies of documents which prove that he/she has submitted an
application on resignation within 3 days).
77.2.
If a
candidate who is elected from the single list of candidates nominated by voters
associations or voters blocks and who has received a mandate do not perform the
requirements considered by paragraph 1 of this article, that candidate is
removed from the single list of candidates, and his/her mandate is given to
another candidate. A voters association or a voters block which has nominated a
single list of candidates is deprived of all deputy mandates if a candidate who
does not refuse his/her position which is not compatible with the status of
deputy, and who takes one of three places in the single list of candidates of
voters association or voters block. In such cases, mandates are given to other
votes associations and voters blocks in accordance with the rules of
distribution considered by article 72 of this law.
77.3.
If a
candidate elected from a single-mandate election district does not perform the
requirements of paragraph 1 of this article, the Central Election Commission
cancels results of this election district and conducts repeated elections. If a
candidate does not perform the requirements of paragraph 1 of this article, without cases considered by articles 48.16 and 80.3,
and if due to this reasons repeated elections are determined, that candidate
must return all state funds allocated by the relevant election commission due
to repeated elections.
77.4.
After
final results of elections are announced and after a deputy is dismissed from
his/her employment which is not compatible with the status of deputy, or after
his/her functions are terminated, the Central Election Commission registers
him/her as a deputy and issues him/her a deputy card.
Article 78.
Publication of Election Returns and Voting Results
78.1.
After
commission members approve relevant protocols, information on election returns
of electoral precinct and on voting results of Territorial Election Commission
are submitted to:
¨ each voter;
¨ each registered candidate;
¨ agents of voter associations and
voters blocks;
¨ observers;
¨ authorised representatives of voters
associations and voters blocks;
¨ representatives of mass media
on their request for become
familiar.
The relevant election commission
submits information mentioned above.
78.2.
The
Territorial Election Commission and the Central Election Commission provide the
mass media with information on results of elections within a day after election
results are determined for the relevant Territorial Election Commission.
78.3.
Within
25 days after election day, the Territorial Election Commission organizes
official publication of information from the protocols #1 and #2 of all
Territorial and Precinct Election Commissions by the mass media considered by
article 52.2 of this law. Within one week period after a relevant decision is
made on results received by the Territorial Election Commission from separate
electoral precincts located within the area of repeated elections, the
Territorial Election Commission publishes accurate information on them. (“on them” is “on results” I think. If it is “results” I will
change the sentence. I don’t like construction of the sentence).
78.4.
Within
30 days after election day, the Central Election Commission publishes official
information on:
¨ final results of elections;
¨ number of votes for candidates and
single lists of candidates;
¨ number of votes against all
candidates and single lists of candidates.
Within this period the Central
Election Commission publishes by its official press full information on elected
deputies considered by article 68.5-6 of this law and on reports from protocols
#1 and #2 of the Territorial Election Commissions.
Article 79. Use of
State Automated Information Systems during the Elections
79.1.
The
state automated information systems can be used completely or some of its
technical means to obtain, transfer and develop information during:
¨ conducting elections;
¨ registering voters;
¨ preparing voters lists;
¨ determining voting results and
election returns.
Requirements and rules for use of
state automated systems are determined by the Central Election Commission.
79.2.
The
relevant election commission creates a specific group consisting of commission
members with decisive and consultative vote to control use of state automated
systems or some its technical means. This group controls the following:
¨ if state automated systems are ready
to be operated;
¨ accuracy of information from
protocols of election commissions to be entered the information systems;
¨ accuracy of information added to the
protocol;
¨ if instructions and other documents
of the Central Election Commission on use of state information systems are
followed;
¨ completion of documents about
actions considered for usage of information systems in accordance with
time-limits and plans of the relevant election commission.
This controlling group can invite
specialists on automated information systems.
79.3.
All
members of the election commissions, observers have the right to become
familiar with any information received by and extracted from the automated
information systems.
79.4.
Election
commission members with decisive and consultative vote included in the
controlling group have equal rights and they can:
¨ become familiar with any information
received by the election commissions through technical communication means;
¨ demand explanation on technical
documentation of state information systems and on all actions of the technical
personnel of information systems;
¨ compare information prepared by technical
equipment and by handwriting;
If any actions of personnel of state
information system or observer contradict the law, the controlling group
informs the chairperson of the election commission and proposes motions to
correct these irregularities or to fire the persons who made this. Results of
the investigations held by the controlling group should be recorded in the
current documents of information centre of the election commission.
79.5.
The
relevant election commission uses state information systems for observing
election processes and results, based on relevant information received by
superior election commissions from subordinate ones, from the time voting
starts including until protocols on elections returns and voting results are
approved. It is prohibited to provide them with any information but those
received after the signal which approves receipt of information.
79.6.
Information
about elections processes and results, obtained from the state information
system is considered to be initial information which does not have legal
importance.
79.7.
Information
printed from the computer and included in the state information systems is
attached to the protocol of the election commission which is preserved by the
secretary of the commission. Accuracy of information printed from the computer
is verified by the signatures of persons who are responsible for transferring
information and members of controlling group.
79.8.
Information
on turnout, initial and final results of voting and results of elections, which
are included in the state information systems, should be included in the
information-communication lines of common use for subscribers to get prompt
information in accordance with the rules defined by the Central Election
Commission.
Article 80. Security
of Election Documents
80.1.
Documents
of Precinct Election Commissions and election commissions are kept in the
secure places. These documents are transferred to the Central Election
Commission before terms of office of the Territorial and Precinct Election
Commissions are finished.
80.2.
Election
documents are preserved by the Central Election Commission for the period
defined by the legislation.
80.3.
Ballot
papers, voting cards and voters lists are preserved at least a year from the
date results of elections are officially published. Protocols on voting results
of election commissions are preserved at least a year after a decision on
determination of election day for the next elections is officially published.
Financial reports of election commissions, final financial documents of
registered candidates, voters associations and votes blocks with a registered
single lists of candidates are reserved at least a year after a decision on
determination of election day for the next elections is officially published.
80.4.
The
following documents are official documents:
¨ ballot papers;
¨ voting cards;
¨ voters lists;
¨ protocols of election commissions on
voting results and attachments;
¨ financial reports of election
commissions;
¨ final financial documents of
registered candidates, voters associations and voters blocks.
Chairpersons and secretaries of
election commissions are responsible for security and preservation of election
documents until these documents are transferred to superior election commission
or archive.
CHAPTER XI.
REDISTRIBUTION OF VACANT DEPUTY MANDATES
Article 81. Distribution of Vacant Deputy
Mandates for Single Multi-Mandate Election District
81.1.
If one
of the candidates is removed from the list for deputies of voters associations
and voters blocks, the Central Election Commission submits the deputy mandate
to another candidate from the same list in accordance with the rules defined by
article 73.8 of this law.
81.2.
In
case of circumstances considered by article 90 of the Constitution, chairman of
Milli Majlis makes a decision on termination of powers of the candidate
elected from the single list of voters
association or voters block not later than 10 days after the relevant request
is received. In case of breaks between the sessions the chairperson makes a
decision within 10 days after meetings commence. Powers of deputy are
terminated from the date of receipt of his/her application on termination of
his/her powers.
81.3.
If a
candidate violates the rules defined by article 85.2 of the Constitution, the
Central Election Commission makes a decision on facts within 30 days from the
date the relevant information is received. Paragraph 1 of this article is not
executed in such cases. Mandate of the deputy, whose powers are terminated, is
given to other single list of candidates which participated in distribution of
mandates, in accordance with the rules defined by article 73.9 of this law, by
the Central Election Commission, on the basis of decision of this commission.
In case of other compelling circumstances considered by article 48.16 of this
law, paragraph 1 of this article is not executed for the deputy who is removed
from the list of candidates where he/she took one of the three places and who
had no compelling circumstances within less than a year period. In such cases,
the Central Election Commission transfers his/her mandate to other list of
candidates which participated in distribution of mandates, according to article
73.9 of this law.
81.4.
Vacant
mandates are distributed in accordance with the rules defined by paragraph 3 of
this article, if functions of political party which is a voters association are
terminated in accordance with basis and rules of legislation of the Azerbaijan
Republic; and if as a reason of this deputies who are included in the list of
candidates of that voters association (single list of voters block) loose their
mandates. If there are more than 20 vacant mandates due to termination of
functions of a political party, additional elections should be conducted for a
multi-mandate election district in accordance with article 5.2 of this
law.
81.5.
If a
single list of candidates loses deputy mandates due to paragraph 3 of this
article, other voters association or voters block
loses to get a vacant deputy mandate after deputies elected from single list of
candidates are dismissed.
81.6.
If
there are no registered candidates in the single list of candidates, deputy
mandates will be vacant up to the next main elections to Milli Majlis.
Article 82.
Presentation of Vacant Deputy Mandates for Single Mandate Election District
82.1.
In case
of circumstances considered by article 90 of the Constitution, the chairman of
Milli Majlis makes a decision on termination of powers of the candidate elected
from a single mandate election district in accordance with article 80.2 of this
law, not later than 2 days after the relevant request is received. In case of
breaks between the sessions, or during the sessions, the chairperson makes a
decision within 2 days after meetings commence.
82.2.
Within
a month period after a deputy mandate is vacant, the Central Election
Commission conducts additional elections within the period considered by
article 5.2 of this law.
82.3.
Additional
elections are not conducted if the constitutional period of Milli Majlis
finishes in one year or less than one year. Additional elections are conducted
if 25 or more vacant mandates remain. If additional elections for a
single-mandate election district are considered void in accordance with article
73.2 of this law, repeated additional elections should be conducted not later
than one year after the last additional elections have been conducted.
82.4.
A
deputy cannot be a candidate during additional elections conducted for filling
vacant deputy mandates.
82.5.
Nomination
of candidates for a single-mandate election district, their registration and
other election actions for the additional elections are implemented in
accordance with rules determined by this law.
CHAPTER XII.
COMPLAINTS ON AND ACCOUNTABILITY FOR VIOLATION OF CITIZEN’S RIGHTS TO VOTE
Article 83. Filing Complaints on Actions
(Omissions) that Violate Citizens’ Rights to Vote and On Decisions
83.1.
Voters,
candidates, registered candidates, voters associations and voters blocks,
agents of registered candidates, voters associations and voters blocks,
observers, as well as election commissions can file a complaint on decisions
and actions (omissions) that violate citizens right to vote.
83.2.
A
complaint may be filed about decision and actions (omissions) of state
authority bodies, municipalities, political parties and officials which violate
citizens’ rights to vote, or about decision and actions (omissions) of election
commission and their officials with a court.
83.3.
A
complaint about decisions and actions of the Central Election Commission and
its officials should be filed with the Supreme Court, and a complaint about
decision and actions (omissions) of the Territorial and Precinct Election
Commissions should be filed with district (city) courts.
83.4.
In the
circumstances considered by this law, the court may cancel decisions of the
relevant election commissions (including results of voting, election results).
83.5.
If
decisions of the election commissions are canceled by the court, the very
election commission should make a new decision regarding the same issue, or
superior election commission must make a decision based on the decision of the
court.
83.6.
Conducting
investigations on decisions about voting results, election results as well as
on facts that violate this law does not mean that immunity of a candidate,
elected in accordance with this law, has been violated. A candidate who is
considered to be elected cannot refuse to testify as a witness during
administrative, civil and criminal investigations regarding the complaints
about violations occurred during citizens elected him/her. It is not required
to get permission of new elected Milli Majlis before it commences its work, for
investigating decisions of election commissions on voting results and election
results, for initial investigations and termination of immunity of candidates.
83.7.
A
complaint can be filed about election commissions’ decisions and actions
(omissions) which violate citizens’ rights to vote with superior election
commissions.
83.8.
The
election commission has the right to receive citizens’ and officials’
information, to demand necessary documents and materials while investigating
the following issues by the Supreme Court:
¨ on canceling single list of
candidates and registered candidates;
¨ on refusal of registration of single
list of candidates;
¨ on considering election of single
list of candidates to be invalid.
83.9.
The
superior election commission has the right to cancel decision of subordinate
election commission or to make a decision regarding the complaint or to give
instructions on reinvestigating the issue.
83.10.
It is
not necessary to appeal to the superior election commission before applying to
the court.
83.11.
If the
court has received a complaint and if the same person has filed the similar
complaint with the election commission, the latter stops investigations until
decision of the court comes info force. The court should inform the election
commission about the complaint received and about efficiency of court’s
decision.
83.12.
A
decision on complaints received by the election commissions is made within 5
days, and on election day and a day after the election day – immediately.
If matters mentioned in the
complaint need additional investigation, then a decision on those complaints is
made not later than 10 days. The court is to make a decision at least within 10
days after receipt of complaint on decision of election commission on voting
results or election results.
Article 84. Cancel of Registration of
Single List of Candidates and Registered Candidates, Refusal of Registration of
Single List of Candidates and Candidates
84.1.
If a
candidate, registered candidate, voters association, voters block violate
requirements of this law, the relevant election commission warns them with
informing the voters by the mass media. The election commission has the right
to make a decision on the following issues irrespective it made the
abovementioned warning on:
¨ refusal of registration of
candidates, single list of candidates;
¨ cancel of registration of
candidates, registered single list of candidates;
¨ considering election of registered
single list of candidates and candidates to be invalid;
¨ canceling of decision on voting
results and election results.
84.2.
The
election commission can refuse to register single list of candidates and
candidates in following circumstances:
84.2.1. if information submitted by
candidates, voters associations and voters blocks in accordance with this law
is not accurate and if invalid information is of great
importance;
84.2.2.
if a
candidate or a single list of candidates nominated by voters associations and
voters blocks conducts election campaigning before they are registered by the
Territorial Election Commission and the
Central Election Commission;
84.2.3.
in
case of circumstances considered by article 57.2 of this law;
84.2.4.
if
organizations participate in collecting signatures; if the voters have been
forced to sign during collecting signatures; if the voters have been rewarded
for their signatures in support of the candidate;
84.2.5.
if a
candidate nominated for a single mandate election district spends more than
0.05% of limit determined by this law of his/her election funds to finance
his/her election campaign;
84.2.6.
if a
voters association or voters block spends more than 0.05% of limit determined
by this law of their election funds to finance their election campaign;
84.2.7.
if a
candidate nominated for a single-mandate election district spends more than
0.05% of limit determined by this law of his/her election fund;
84.2.8.
if
voters associations or voters blocks
spend more than 0.05% of limit determined by this law of their election fund;
84.2.9.
if a candidate, voters association, voters
block, as well as voters association which is included in the voters block,
authorised representatives of voters associations and voters blocks are owners,
founders of the relevant organizations; or if they are members of management of
an organization, if they are engaged with charitable activities during the
election campaigning, if they render financial assistance to physical or legal
entities or they serve voters, if they help physical and legal entities to
render such assistance, or of persons mentioned above render such assistance on
behalf of them;
84.2.10.
if a
candidate, voters association or voters block do not submit initial financial
report;
84.2.11.
if
authorised representatives of a candidate, voters association or voters block
use their positions during election campaigning;
84.2.12.
in
case of other circumstances considered by this law.
84.3.
Registration
of a candidate, a single list of candidates can be canceled by the election
commission or court in the following circumstances:
84.3.1.
if
circumstances mentioned by paragraph 2 of this article are found after a
candidate, or a single list of candidates have been registered;
84.3.2.
if
registered candidates, voters associations and voters blocks, agents of
candidates, authorised representatives or agents of voters associations and voters
blocks conduct election campaign in military units, military organizations and
military offices;
84.3.3.
if
registered candidates, voters associations and voters blocks, their agents
produce and distribute printed, audiovisual election campaign materials violating
article 56.3-4 of this law.
84.3.4.
if
organizations, managers of which are registered candidates, voter associations,
voters blocks, agents of registered candidates, voters associations and voters
blocks, conduct charitable activities; if they offered other organizations to
render financial assistance to physical and legal entities; if they promised
physical and legal entities to render such an assistance;
84.3.5.
if a
registered candidate, authorised representatives of voters associations or
voters blocks use their positions during election campaigning;
84.3.6.
if a
registered candidate, voters association or voters block do not submit their
financial reports within the defined period;
84.3.7.
if a
registered candidate who occupies a position in state or municipal bodies does
not stop his/her functions during his/her participation in elections;
84.3.8.
if
registered candidates, voters associations and voters blocks with a registered
list of candidates, as well as voters association which is included in the
votes block, their authorised representatives, agents of registered candidates,
voters associations and voters blocks or other persons on their requests act as
prohibited by article 57.2 of this law;
84.3.9.
if a
candidate registered for a single-mandate election district spends money to
finance his/her election campaign more than limit (0.05%, as defined by this
law);
84.3.10.
if
voters associations and voters blocks spend money to finance their election
campaign more than limit (0.05% as defined by this law);
84.3.11.
if a
candidate registered for a single-mandate election district spends more than
0.5% of defined expenses from his/her election funds;
84.3.12.
if
voters associations and voters blocks with a registered single list of
candidates spend money form their election funds more than 0.5% limit as defined
by this law;
84.3.13.
if
registered candidates, voters associations or voters blocks with a registered
single list of candidates use illegal donations transferred to their election
funds.
84.4.
The
Central Election Commission can cancel registration of single list of
candidates if rules considered by article 48.11 of this law are violated.
84.5.
If
candidates, registered candidates, voters associations or voters blocks abuse
the mass media, the election commission can refuse to register them or to apply
to the court on this matter. If the court finds out abuse of mass media, it
cancels registration of the single list
of candidates.
Article 85. Cancel of Decisions of
Election Commissions on Voting Results and Election Results
85.1.
The
Central Election Commission can apply to the Supreme Court to consider election
of candidate and single list of candidate invalid, if after the election
results are published officially, it finds out violations considered by article
86 of this law made by registered candidates, voters associations and voters
blocks.
85.2.
If the
court defines irregularities mentioned in article 85 of this law, it cancels
the decision on election results.
85.3.
The
relevant court can cancel the decision on voting results and election results
of election commissions for a single-mandate or single multi-mandate election
district if the following irregularities occur:
¨ rules for preparation of voters list
are violated;
¨ rules for formation of election
commissions are violated;
¨ rules for voting are violated;
¨ rules for vote count and
determination of election results are violated;
¨ if due to actions (omissions)
mentioned above it is not possible to determine voters’ intention.
85.4.
The
relevant court and the Central Election Commission can cancel the decisions of
Territorial and Precinct Election Commissions on voting and election results in
the cases considered by this law.
85.5.
If
results of elections are invalid in more than ¼ of precincts, elections can be
considered invalid relevantly in single-mandate or single multi-mandate election
districts. If results of elections are invalid in more than 1/3 of a single
election district, elections for a single election district can be considered
invalid.
85.6.
Irregularities
occurred during the assistance to elect candidates and single lists of candidates
who are not elected cannot be basis for canceling a decision on election
results.
Article 86.
Accountability for Violation of Citizens’ Rights to Vote
86.1.
The
following persons are accountable in accordance with this law:
86.1.1.
Who
have obstructed voters rights to vote and to be elected by: use of force,
deceit, threat or other methods;
86.1.2.
who
have abused their positions to be elected;
86.1.3.
who
have forced citizens to sign in support of candidates, who obstructed
collecting signatures in support of candidates, voters associations and voters
blocks;
86.1.4.
who
have done actions prohibited by article 57.2 of this law;
86.1.5.
who
have not officially finalized information about registered candidates or have
not made it accurate;
86.1.6.
who
have distributed misinformation about registered candidates, or they have impugned honour and dignity of the
candidates;
86.1.7.
who
have violated rights of commission members, observers, agents, candidates,
authorised representatives of voters associations and voters blocks,
representatives of mass media; who have violated the rights to obtain copies of
election documents, to obtain information and to verify copies of election
documents;
86.1.8.
who
have violated rules of election campaigning, as well as those who have
conducted election campaigning a day prior to election day or on election day;
86.1.9.
who
have produced and distributed commercial and other advertisements which violate
this law, or those who have rendered charitable assistance;
86.1.10.
who
have violated rules for finance defined by this law for election campaigning;
86.1.11.
who
have hidden ballot papers remained, or those who have produced ballot papers
which are not registered by the election commission and additional voting
cards;
86.1.12.
who
have obstructed the election commission’s work, or those who have interfered
with functions of members of the election commission;
86.1.13.
who
have obstructed voting in the voting station;
86.1.14.
who
have violated secrecy of voting;
86.1.15.
who
have forced voters to express their intention;
86.1.16.
who
have falsified election documents, produced and presented fake documents,
miscounted votes, defined results of elections inaccurately, have not submitted
information on voting results in time or those who have not published them;
86.1.17.
who
have violated citizens’ rights to become familiar with voters lists;
86.1.18.
who
have issued ballot papers to the persons with a purpose to vote for others, who
have issued completed ballot paper, or those who have created conditions to get
more than one ballot paper;
86.1.19.
who
have not submitted reports on expenditure of funds allocated for preparation
and conduct of elections, and those who have not submitted financial reports of
registered candidates, voters blocks, voters associations and who have not
published them;
86.1.20.
who
have not provided persons with leave in respect to participation in the elections
according to this law, or employers who have not released persons to implement
their state positions;
86.1.21.
state
officials who have not investigated information on violation of this law
provided by the election commissions;
86.2.
The
Central Election Commission, Territorial and Precinct Election Commissions have
the right to prepare a protocol on administrative irregularities based on the
Code of the Azerbaijan Republic On Administrative Irregularities, for the
irregularities done by candidates, registered candidates, authorised
representatives of voters associations and voters blocks.
CHAPTER XIII. FINAL
AND TRANSITIONAL PROVISIONS
Article 87. Date of Effect of this Law
87.1.
This
law takes effect from the day it is published.
87.2.
The
law “On Elections to Milli Majlis of the Azerbaijan Republic”, adopted on
August 15, 1995, is considered to lose its force.
87.3.
If a
municipality does not have a chief, or a person authorised to perform election
actions considered by this law is not appointed, election actions should be
performed by the relevant executive authorities or other persons appointed by
them.
