CHAPTER X.

VOTING AND DETERMINATION OF VOTING RESULTS

Article 67. Voting Station

    1. The relevant executive body or municipality allocates voting station premises to the Precinct Election Commission free of charge.

    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.

    3. The Precinct Election Commission places a notice board inside the voting station or in front of it with the following:

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, the 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 political parties and blocks of political parties. Information on candidates, political parties and blocks of political parties appears in the same order that it appears in ballot paper. These notice boards should contain information on accountability for violation of citizens’ suffrage. All of this should be displayed in the voting station in a convenient place for voters to have access to it.

    1. Samples of protocols that are larger than normal format should be displayed in the voting station for recording information on voting results, from time the voting commences.

    2. 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.

    3. Ballot boxes should be prepared in such way to have an access to observe whether it is full after it has been sealed. There must be separate ballot boxes for both – single-mandate and multi-mandate election districts.

Article 68. Ballot Papers

    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.

    2. Ballot papers are prepared for single-mandate and multi-mandate election districts. 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.

    3. Ballot paper for the single multi-mandate election district, as defined by the lottery, should contain short names of political parties and blocks of political parties and their emblems in the same colour. In such cases, abbreviated names of political parties which are included in the block of political parties should be recorded. The Central Election Commission conducts lottery at least 36 days prior to Election Day. Authorised representatives of political parties and blocks of political parties should be present in the process of lottery. Number received by the political parties and blocks of political parties should be kept till the end of elections. Names, surnames, patronymic’s of first three candidates nominated by political parties and blocks of political parties should be placed under the names of political parties and blocks of political parties.

    4. To the right hand side of the names of political parties and blocks of political parties, there must be a blank box. To the end of the list of political parties and block of political parties, at the blank box, which is on the right side, there must be a line containing "against all single lists of candidates".

    5. A ballot paper for a single-mandate election district should contain the following information on the candidates in alphabetical order:

The ballot paper should also contain candidate’s party affiliation, that party’s short name, if the candidate has been registered in accordance with the article 35 of this law. The ballot paper can contain the registered candidate’s party affiliation on his/her own consent, if the candidate has been registered in accordance with the article 34 of this law. To the right hand side of the information on each registered candidate there must be a blank box.

    1. 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".

    2. Each ballot paper should contain instructions on how to complete it.

    3. The ballot paper is printed in the national language. At the same time the ballot paper can be printed in a language which population mostly use.

    4. 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. Number of prepared ballot papers should not exceed the number of voters registered for single-mandate and single multi-mandate election districts by more than 3%.

    5. The printing company sorts the defected from the usable ballot papers and prepares a document reporting how many ballots were in each category and then transfers usable 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, defected and extra ballot papers are destroyed and a report on this, with signatures of all participants, is prepared. Members of relevant election commissions, registered candidates, authorised representatives and agents of political parties and blocks of political parties, as well as persons considered by article 26.1 of this law can observe the process mentioned above. The relevant election commissions should inform the registered candidates, authorised representatives of political parties, and blocks of political parties about the place and time of the accept-transfer of usable ballot papers.

    6. The Central Election Commission, after it receives ballot papers from the printing company, prepares a document which contains the quantity of ballot papers, date and time of transfer, with the participation of chairperson and secretaries of relevant Territorial Election Commissions not later than 20 days prior to election day and then transfers the ballot papers to the chairperson. The quantity 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 four days prior to Election Day in accordance with abovementioned manner. The quantity 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 less than 0.5%. On each ballot paper, in the top right hand corner on the main face of the ballot paper, the stamp of the Precinct Election Commission must be apparent.

    7. Chairpersons who transfer, receive and secure the ballot papers are responsible for transferring and preserving the ballot papers.

    8. If, after the ballot papers have been produced, a candidate withdraws his/her candidacy or his/her registration is canceled, or if some political parties or blocks of political parties withdraw their single lists of candidates, the Territorial or Precinct Election Commissions cross names of candidates or political parties and blocks of political parties in accordance with the request of election commissions which have a registered single list of candidates. If in case of need to add information about candidate, political parties and blocks of political parties 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, with agreement of the CEC.

    9. 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.

    10. On Election Day, after voting finishes, the Territorial Election Commission cancels unused ballot papers and prepares an act on it. Persons considered by article 26.5 of this law can be present in the process mentioned above. Secretary of the commission preserves canceled ballot papers together with other documents of the commission.

Article 69. De-registration Card for Voting

    1. At least 60 days prior to election day, the Central Election Commission approves the format, rules for preparation, number, register-format requirements for preparation of de-registration card (hereafter referred to 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 and registration of voting cards.

    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.

    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, the power of attorney can be verified by the managers of those organizations and places.

    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:

25 days prior to Election Day the Territorial Election Commission transfers to the PEC the 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.

    1. 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) upon receipt of the de-registration card recording the batch and serial number of their identification document or of a substitute document. Based on this, a voter’s name is then crossed out from the voters list of the relevant election commission. He/she is not considered while counting the number of registered votes and he/she is not included in the relevant protocol of this voting precinct.

    2. 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.

    3. On presenting the voting card, a voter should be included in the relevant voters list of the relevant voting station. After this voting card should be given to the relevant election commission. When a voter is issued a ballot paper, he/she records his/her address on the voters list additionally.

    4. 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

    1. Voting is conducted from 8.00 hours to 19.00 hours on Election Day. Precinct Election Commissions must inform voters by mass media or other means of the voting station location and the hours of voting, at least 20 days prior to Election Day.

    2. Precinct Election Commissions established on the ships which sail under the flag of the Azerbaijan Republic, military units or remote areas, if all voters registered in the voters list for the Precinct Election Commission have voted, can announce that voting has finished before the scheduled closing time.

    3. If a voter cannot attend the voting station on election day, due to his/her health or other valid 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 10 days prior to election day.

    4. The Precinct Election Commission chairperson announces the voting station is open at 07.00 hours [to allow for preparation of the voting station; voting commences at 08:00 hours] 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.

    5. Each voter receives two 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 substitute document 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".

    6. When a voter is given a ballot paper, the left corner of the ballot paper is cut off, signed and retained by the Precinct Election Commission member.

    7. Each voter votes personally and individually. 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 for Precinct Election Commission member and observers, to assist him/her in the voting compartment. That person’s surname is shown in the voters list together with voter’s signature for receiving the ballot paper.

    8. The voter marks a blank box located to the right of the political parties and blocks of political parties with the list of candidates for 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 name of a candidate who he/she is voting for or the box located to the right of the title "against all candidates". The voter places the completed ballot paper in the ballot boxes in the designated single-mandate election district or multi-mandate election district ballot boxes.

    9. Ballot boxes are positioned in the voting station so that observers and Precinct Election Commission members have an unobstructed view of them.

    10. The Precinct Election Commission should give all voters the opportunity to vote, including those who requested a mobile ballot box due to their health or other valid reasons defined by the Central Election Commission. To enable this, there must be one mobile ballot box 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 two 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. 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.

    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, another commission member who is authorised for that. 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. Persons mentioned in article 26.1 and 26.2 who breach these rules are removed immediately from the voting station. The Precinct Election Commission decides these matters.

    12. Persons other than voters who are voting, commission members and persons mentioned in article 26.1 and 26.6 cannot be present in the voting station. State officials are prohibited to be present in the voting station, except when 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 and they must leave the voting station immediately after they finish to perform their duties.

    1. If a voter realizes that he/she has made an error in marking his/her ballot paper, he/she can ask for a new ballot paper from the commission member who issued the original ballot paper. In this case the Precinct Election Commission member cancels the spoiled ballot paper by cutting it from the middle, puts it in a separate envelope, gives him/her a new ballot paper and makes the necessary note to the right of the voters surname on the voters list. Later, a separate document is prepared recording this.

Article 71. Counting the Votes in the Voting Station

    1. When voting hours end, the Precinct Election Commission chairperson announces loudly: "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. At the same time, the number of signatures of voters who have received ballot papers is recorded in the final protocol on results of voting. 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.

    2. Ballot boxes are opened one by one: first the mobile ballot box, then the ballot box in the voting station. Ballot papers in the mobile ballot box are counted first. Their number must not exceed the number of requests. When counting ballot papers from the 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.

    3. When counting the votes, the following types of ballot papers are separated: ballot papers of indeterminate form [or falsified, ballots that are unofficially produced], ballot papers that have not been verified by the Precinct Election Commission [lacking stamp and/or signature], and ballot papers which are considered to be invalid.

    4. If the voting intention of the voter is clear, the ballot paper is valid. If it is difficult to determine the intention of the voter in the ballot paper, if more than one box is marked or if the ballot is not marked at all, the ballot paper is considered to be invalid. If there are 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 the 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 chairperson and secretary of the Precinct Election Commission. Invalid ballot papers are packed separately.

    5. Counting of votes by the Precinct Election Commission chairperson, with the participation 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.

    6. The Precinct Election Commission prepares two 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 on the voting results:

      1. total number of voters on the voters list (including in separate line – number of voters on the supplementary list);

      2. number of ballot papers transferred to the Precinct Election Commission;

      3. number of ballot papers issued to the voters in the voting station on election day;

      4. number of ballot papers issued to the voters who requested use of the mobile ballot box;

      5. number of ballot papers canceled;

      6. number of ballot papers inside the ballot box in the voting station (except ballot papers not in the defined form);

      7. number of valid ballot papers;

      8. number of ballot papers inside the mobile ballot box (except ballot papers not in the defined form);

      9. number of invalid ballot papers (including in separate line – ballot papers not in the defined form and blank ballot papers).

    7. The following additional information is recorded in the protocol #1:

      1. names, surnames, fathers’ names of the candidates who appear on the ballot papers, and abovementioned are the same, additional information about them;

      2. the number of votes cast for each candidate;

      3. the number of votes cast against all candidates;

      4. number of voters who have been issued ballot papers.

    8. The following additional information is recorded in the protocol #2:

      1. names of political parties and blocks of political parties which appear on the ballot papers;

      2. the number of votes cast for the single list of candidates of each political party and blocks of political parties;

      3. the number of votes cast against the single lists of candidates of all blocks;

      4. number of voters who have been issued ballot papers.

    9. Number of voters who have voted with a voting card is added to the number of voters who appear on the voters list of the precinct (number of voters who have been issued voting card from this precinct is not included).

    10. The final protocol on voting results is completed in three copies (using carbonized paper) in the voting station, with the participation of Precinct Election Commission members and in the presence of observers, and is signed by all Precinct Election Commission members with decisive voting right after completing of protocol is finalized. 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.

    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 with the participation of superior election commission members.

    12. First copies of each protocol should be transferred to the Territorial Election Commission and the following attachments:

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.

    1. The second copy of each protocol, the packaged and sealed ballot papers, the torn off left corners of these ballot papers, torn off pieces of spoiled ballot papers; the list of persons mentioned in article 26.1 and 26.5 who observed the count, are preserved by the secretary of the Precinct Election Commission until the Precinct Election Commission has finished its activity.

    2. The Precinct Election Commission signs and sends the first copy of the protocol to the relevant Territorial Election Commission within 24 hours after Election Day.

    3. The third copies of each protocol on results of elections are displayed on the board [at the precinct] for general information.

    4. If a Precinct Election Commission member with a decisive voting right 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.

    5. 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.

    6. 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 three days (starting from Election Day).

    7. If the Precinct Election Commission finds mistakes or inaccuracies 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 and place of the meeting. A new protocol should be completed. This new protocol should contain the word "repeated" and send to the Territorial Election Commission immediately.

Article 72. Determination of Election Results by Territorial Election Commission in Single-mandate Election district

    1. The Territorial Election Commission summarizes all information based on the first copy of the protocol #1 of Precinct Election Commissions on voting results (after the accuracy has been verified) and determines the results of the election in single-mandate area and final results of voting in single multi-mandate election districts. Summarizing the information from the protocol #1 of the Precinct Election Commission should be done continuously until protocol #1 of the Territorial Election Commission is completed. Summarizing the information from protocols of Precinct Election Commission on voting results is performed directly by the Territorial Election Commission members who have the decisive voting right.

    2. The Territorial Election Commission can consider the elections void in the following circumstances:

      1. if less than 25% of voters included in the voters list up to the end of elections record their votes;

      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.

      3. if votes cast for registered candidates are tied.

    3. The Territorial Election Commission considers the elections in the single-mandate election districts to be invalid in the following circumstances:

      1. it is impossible to determine the voter’s will due to violations occurred during the conduct of voting or during the determination of results of voting;

      2. if number of voting stations results of which are canceled is more than ¼ of all voting stations within the relevant territory;

      3. on the basis of court’s decision.

    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 following:

    1. 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.

    2. 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:

Summarizing the information from the protocol #2 of the Precinct Election Commission should be done continuously until protocol #2 of the Territorial Election Commission is completed.

    1. The protocols #1 and #2 of the Territorial Election Commission are completed in three copies [triplicate] and are signed by the members of this commission with a decisive voting right. First copies of each protocol should be transferred to the Central Election Commission immediately and it should be attached the followings:

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.

    1. The second copy of each protocol, the packaged and sealed ballot papers, the torn off left corners of these ballot papers, the list of persons mentioned in article 26.1 and 26.5 who observed the count, are preserved by the secretary of the Territorial Election Commission until the Territorial Election Commission has finished its activity.

    2. The third copy of each protocol is displayed on a relevant board for general information [for the public].

    3. If a Territorial Election Commission member with a decisive voting right 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.

    4. If the Territorial Election Commission finds mistakes or inaccuracies 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.

    5. If the Territorial Election Commission finds any mistakes, inadmissible 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 voting right. 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

    1. Within 5 days after the polling day the Central Election Commission summarizes all information from the first copies of protocols #2 on the voting results (after the accuracy has been verified) 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 and continuously by the CEC members with a decisive voting right.

    2. The number of voters participating in the elections in a single multi-mandate election district is determined on the basis of number of ballot papers which are in the determined form, inside of the ballot box.

    3. Political parties and blocks of political parties can get a mandate only if 6% of voters participating in the elections through the valid ballot papers have voted for the single list of candidates nominated by them.

    4. Using the quota and remainder method, mandates are distributed among the political parties and blocks of political parties proportionally, based on votes collected by political parties and blocks of political parties. Firstly, the number of votes required for the election quota, i.e. for receiving one mandate, is determined by dividing the total number of voters, who voted through the valid ballot papers, by the number of mandates for the multi-mandate district. Then, the number of votes cast for the single list of candidates nominated by political parties and blocks of political parties is divided by the election quota and the resulting number shows the number of mandates for each party. The remaining mandates are distributed based on the method of the highest remainder, that is, they are distributed consecutively by one to the single lists of candidates with most remaining votes after the previously described division.

    5. Candidates in a single list receive mandates based on their position in the list shown by the political parties and blocks of political parties.

    6. A candidate who has the right to receive a mandate can refuse to accept it. An application on refusal of receiving a mandate cannot be withdrawn. In such cases a mandate is given to the candidate 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.

    7. The Central Election Commission considers the elections to be void in the single multi-mandate election district in the following circumstances:

    1. The Central Election Commission considers the elections to be invalid in the single multi-mandate election district in the following circumstances:

      1. if violations occurred during the conduct of voting or during the determination of the voting results, make it unclear as to what the will of the voters was;

      2. if in more than ¼ of single-mandate election district the election results have been canceled in more than ¼ of the voting stations within the relevant district;

      3. on the basis of court’s decision.

    2. The Central Election Commission includes the following information in the protocol on distribution of deputy mandates in the single multi-mandate election district among the political parties and blocks of political parties:

This protocol of the Central Election Commission is signed by members of the commission who have decisive voting rights. A table which contains the complete results of elections in single multi-mandate election district is attached to the protocol.

    1. If a commission member with a decisive voting right 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.

    2. Approved copies of the protocol and summarized table are submitted to the following persons:

    1. If mistakes, inadmissible corrections or differences are found 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.

    2. If the Central Election Commission finds any mistakes, inadmissible 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 voting rights. 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 as "recount of votes".

Article 74. Determination of General Results of Elections

    1. The Central Election Commission determines general results of elections within ten days, starting from Election Day, based on the protocols on determination of results of elections in single multi-mandate election district and on distribution of deputy mandates and the protocols #1 of the Territorial Election Commissions.

    2. The Central Election Commission considers the results of elections to be invalid in the single-mandate election districts if it cannot determine voters’ wills due to violations occurred during the conduct of voting or during the determination of voting results.

Article 75. Check and Approval of Results of Elections

    1. According to the article 85 of the Constitution, the Constitutional Court of the Azerbaijan Republic checks and approves the results of the elections.

    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 election district to the Constitutional Court at latest 10 days after election day.

    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.

    4. If TEC protocols and documents attached to them and the relevant protocol of the CEC answer the requirement of this law, the Constitutional Court approves the results of elections.

    5. If complete results of elections are not approved, new elections should be determined in accordance with the article 5 of this law.

    6. If election returns in the single multi-mandate election district; or in more than ¼ of the single-mandate election district; or the election results in a single-mandate election district are not approved, repeat elections are determined in accordance with the article 76 of this law.

Article 76. Repeated Elections

    1. The Central Election Commission conducts repeat elections in accordance with this law if:

The repeated elections should be conducted not later than 90 days after the initial elections, or not later than 60 days after the elections have been announced void or invalid. During the repeat elections, election time schedules can be shortened in half. In such cases, the Central Election Commission can prolong activity period of Territorial and Precinct Election Commissions or can reform them in accordance with the articles 19-20 of this law. If repeat elections have been considered void based on article 72.2 of this law, other repeat elections can be conducted in the same district no later than a year after the last repeated elections.

    1. During repeated elections, a deputy of the Milli Majlis cannot nominate himself/herself as a candidate.

Article 77. Registration of Deputies Elected to Milli Majlis

    1. The relevant election commission informs the candidate elected as a deputy immediately after it signs the protocol on results of elections. Within at most 25 days the candidates elected as deputies should submit to the relevant election commission a copy of the order to release a position incompatible with his/her deputy status considered in paragraph 2 of article 85 of the Constitution (copies of documents which prove that he/she has submitted an application on resignation within three days) and an application which contains the candidate’s obligations on termination of his/her functions.

    2. If a candidate who is elected from the single list of candidates nominated by political parties and blocks of political parties and who has received a mandate does 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 from the same single list of candidates.

    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 compelling reasons considered by articles 48.16, and if due to these reasons repeated elections are determined, that candidate must return all state funds allocated by the relevant election commission due to repeated elections.

    4. After final results of elections are published 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

    1. After commission members approve information on election returns of electoral precincts and voting results in the election district and the relevant protocols, they are submitted to:

upon the request made by any of the above to become familiar with relevant documents. The relevant election commission presents information mentioned above.

    1. 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 of the relevant election commission are approved in accordance with the article 75.4 of this law.

    2. Within 45 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 52.3 of this law.

    3. Within at most 60 days after election day, the Central Election Commission publishes official information on:

Within this period the Central Election Commission publishes by its official press complete information on elected deputies and information from protocols #1 and #2 of the Territorial Election Commissions.

Article 79. Use of State Automated Information Systems during the Elections

    1. During conduct of elections the state automated information systems can be used completely or some of its technical means to obtain, transfer and develop information related to:

Requirements and rules for use of state automated systems are determined by the Central Election Commission.

    1. The relevant election commission creates a specific group consisting of commission members with decisive and consultative voting right to control use of state automated systems or some of its technical means. This group controls the following:

This controlling group can invite specialists on automated information systems.

    1. All members of the election commissions and observers have the right to become familiar with any information received by and extracted from the automated information systems.

    2. Election commission members with decisive and consultative voting right included in the controlling group have equal rights and they can:

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 information service of the relevant election commissions should be recorded in the current documents.

    1. 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 commences including until protocols on elections returns and voting results are approved. It is prohibited to send information from the information service of superior election commission to the information service of the subordinate election commission, except signals confirming the receipt of information.

    2. Information about election processes and results, obtained from the state information system is considered to be preliminary information which does not have legal importance.

    3. 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.

    4. 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

    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.

    2. Election documents are preserved by the Central Election Commission for the period defined by the legislation.

    3. Ballot papers, voting cards and voters lists are preserved for at least six months 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, political parties and blocks of political parties 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.

    4. The following documents are official documents:

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.