CHAPTER XI. DISTRIBUTION OF VACANT DEPUTY MANDATES, CONDUCT OF ADDITIONAL ELECTIONS

Article 81. Distribution of Vacant Deputy Mandates for Single Multi-Mandate Election District and Conduct of Additional Elections

    1. If a deputy elected from the single list of candidates nominated by political parties and blocks of political parties is removed, the Central Election Commission submits the deputy mandate to another candidate from the same list in accordance with the rules defined by article 73.6 of this law.

    2. In case of circumstances considered by article 89.2.2 of the Constitution, chairman of Milli Majlis makes a decision on termination of powers of the deputies elected from the single list of political parties and blocks of political parties not later than two days after the relevant request is received. In case of breaks between the sessions the chairperson makes a decision within two days after meetings commence. Powers of deputy are terminated from the date of receipt of his/her application on termination of his/her powers, in accordance with the article 89.2.5 of the Constitution. In case of circumstances mentioned in the article 89.2.1 of the Constitution, the deputy is considered to lose his/her mandate from the date the Central Election Commission makes a decision on this. In the circumstances mentioned in paragraphs 3 and 6 of the same article deputies elected from the single list of deputies lose their mandates from the date a relevant court makes a decision on this.

    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. If requirements of the abovementioned articles of the Constitution are violated, the deputy loses his/her mandate from the date the decision is made.

    4. If functions of a registered political party are terminated in accordance with basis and rules of the Constitution or the legislation of the Azerbaijan Republic; and if deputies who are included in the single list of candidates of that political party (block of political parties) and have received mandates, lose mandates for this reason, due to the reasons mentioned in article 89 of the Constitution, so that twenty or more mandates remain vacant, additional elections should be conducted for a multi-mandate election district during the period mentioned in article 5 of this law.

    5. If a deputy is removed from the single list of candidates, and there are not more candidates on the list who have not got a mandate, deputy mandates will be vacant up to the next main elections to the Milli Majlis.

Article 82. Conduct of Additional Elections for Single-Mandate Election Districts

    1. In case of circumstances considered by article 89.2.2 of the Constitution, the chairman of the Milli Majlis makes a decision on termination of powers of the deputy elected from a single mandate election district in accordance with article 81.2 of this law, not later than two days after the relevant request is received. In case of breaks between the sessions, or during the sessions, the chairperson makes a decision within two days after meetings commence. Powers of deputy elected from the single mandate election district are terminated from the date of receipt of his/her application on termination of his/her powers, in accordance with the article 89.2.5 of the Constitution. In case of circumstances mentioned in the article 89.2.1 of the Constitution, the deputy is considered to lose his/her mandate from the date the Central Election Commission makes a decision on this. In the circumstances mentioned in paragraphs 3 and 6 of the same article deputies elected from the single list of deputies lose their mandates from the date a relevant court makes a decision on this.

    2. If a deputy elected from a single mandate election district violates requirements of article 85.2 of the Constitution, the Central Election Commission must make a decision on this information within 30 days from the date relevant information has been received. If violation of the requirements of the aforementioned article in the Constitution is found and approved, the deputy loses his/her mandate from the date the decision is made.

    3. The Central Election Commission conducts additional elections for the relevant single mandate election district within the period defined by the article 5 of this law, a month after a mandate has become vacant.

    4. If additional election for the single mandate election district has been considered invalid in accordance with the article 74.2 of this law, the next additional elections should be conducted not later than a year after the last additional election was conducted.

    5. A deputy cannot be a candidate during additional elections conducted for filling vacant deputy mandates.

    6. 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.