CHAPTER XII. COMPLAINTS ON AND ACCOUNTABILITY FOR VIOLATION OF CTIZEN’S RIGHTS TO VOTE

Article 83. Filing Complaints on Actions (Lack of Actions) that Violate Citizens’ Rights to Vote and On Decisions

1. Voters, candidates, registered candidates, political parties and block of political parties, agents of registered candidates, political parties and blocks of political parties, observers, as well as election commissions can file a complaint on decisions and actions (lack of actions) that violate citizens right to vote within seven days after that decision is published or submitted, or that action (omission) took place. If the violation mentioned in the complaint covers majority of citizens or if it is of great importance, the Central Election Commission can apply to the Supreme Court.
2. A complaint may be filed about decision and actions (lack of actions) of state bodies, municipalities, political parties and officials that violate citizens’ rights to vote, or about decision and actions (lack of actions) of election commission and their officials with a court.
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 (lack of actions) of the Territorial and Precinct Election Commissions should be filed with district (city) courts.
4. In the circumstances considered by this law and other laws, the court may cancel decisions of the relevant election commissions (including results of voting, election results).
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. If such a decision is not made within five days after court’s decision comes into force, the court can make a decision on this issue.
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 of the right to vote that occurred when citizens elected him/her. It is not required to obtain permission of the newly 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.
7. A complaint can be filed about election commissions’ decisions and actions (lack of actions) which violate citizens’ rights to vote with superior election commissions.
8. The election commission has the right to receive citizens’ and officials’ information, to demand necessary documents and materials while investigating the following issues:

• on canceling single list of candidates and registered candidates;
• on refusal of registration of candidate and single list of candidates;
• on considering election of single list of candidates to be invalid;
• on court procedures related to applications for invalidation of decisions proclaiming registered candidates or candidates from the single list of party as elected.

1. 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.
2. It is necessary to appeal to the superior election commission before applying to the court.
3. 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.
4. A decision on complaints received by the election commissions is made within five 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

1. If a candidate, registered candidate, political parties or blocks of political parties violate requirements of this law, the relevant election commission warns them with informing the voters through the mass media. The election commission has the right to make a decision about the following issues irrespective of whether or not, the commission provided a warning about:

• 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.

1. The election commission can refuse to register single list of candidates and candidates under the following circumstances:

1. if information submitted by candidates, political parties and blocks of political parties in accordance with this law is not accurate and if invalid information is of great importance;
2. if a candidate not registered yet by the Territorial Election Commission or a single list of candidates nominated by political parties and blocks of political parties not registered yet by the Central Election Commission conducts election campaigning before the period considered by the article 50.1 of this law;
3. if candidates, political parties and block of political parties execute actions prohibited by article 57.2 of this law;
4. if organizations participate in collecting voters 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;
5. if a candidate nominated for a single mandate election district spends amount that exceeds by 0.05% the limit determined by this law of his/her election funds to finance his/her election campaign;
6. if a political party and blocks of political parties spends amount that exceeds by 0.05% the limit determined by this law of their election funds to finance their election campaign;
7. if a candidate nominated for a single-mandate election district spends amount that exceeds by 0.05% the limit determined by this law of his/her election fund;
8. if political parties and blocks of political parties spend amount that exceeds by 0.05% the limit determined by this law of their election fund;
9. if a candidate, political parties and blocks of political parties, as well as a political party which is included in the block of political party, authorised representatives of political parties and block of political parties 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;
10. if a candidate, political parties and blocks of political parties do not submit initial financial report;
11. if authorised representatives of a candidate, political parties and blocks of political parties use their positions during election campaigning;
12. in case of other circumstances considered by this law.

2. Registration of a candidate a single list of candidates can be canceled one day prior to election day by the election commission or court in the following circumstances:

1. if circumstances mentioned by paragraph 2 of this article are found after a candidate, or a single list of candidates have been registered;
2. if registered candidates, political parties, blocks of political parties, agents of candidates, authorised representatives or agents of political parties and blocks of political parties conduct election campaign in military units, military organizations and military offices;
3. if registered candidates, political parties, blocks of political parties, or their agents produce and distribute printed, audiovisual election campaign materials violating article 56.3-4 of this law.
4. if organizations, managers of which are registered candidates, political parties, block of political parties, agents of registered candidates, political parties and block of political parties, 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 assistance;
5. if a registered candidate, authorised representatives of political parties and blocks of political parties use their positions during election campaigning;
6. if a registered candidate, political parties and blocks of political parties do not submit their financial reports within the defined period;
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;
8. if registered candidates, political parties and blocks of political parties with a registered list of candidates, as well as a political party which is included in the block of political parties, their authorised representatives, agents of registered candidates, political parties, blocks of political parties or other persons on their requests act as prohibited by article 57.2 of this law;
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);
10. if political parties and blocks of political parties spend money to finance their election campaign more than the limit (0.05% as defined by this law);
11. if a candidate registered for a single-mandate election district spends more than the limit from his/her election funds (0.05% as defined by this law);
12. if political parties and blocks of political parties with a registered single list of candidates spend money form their election funds more than the limit (0.05% as defined by this law);
13. if registered candidates, political parties and blocks of political parties with a registered single list of candidates use illegal donations transferred to their election funds.

3. The Central Election Commission can cancel registration of a single list of candidates if rules considered by article 48.11 of this law are violated.
4. If candidates, registered candidates, political parties and blocks of political parties abuse the mass media, the election commission can cancel their registration or apply to the court on this matter. In such cases, executive authorities, physical and legal entities can apply to the court as well. If the court discovers 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 Returns

1. The Central Election Commission can apply to the Supreme Court to consider election of candidate and single list of candidate invalid, after the election returns are published officially, if it finds out violations considered by article 84 of this law made by registered candidates, political parties, and blocks of political parties.
2. If the court defines irregularities mentioned in article 84 of this law, and if it considers that it is impossible to determine the voters’ intention due to those irregularities, it cancels the decision on election results of the relevant election commission. The deputy (deputies) loses his/her powers in such cases.
3. The relevant court can cancel the decision of election commission on voting results and on election returns for a single-mandate or single multi-mandate election district if the following irregularities occur:

• preparation of voters list in an election district is violated;
• formation of election commissions, for voting, for vote count and determination of election results are violated;
• other irregularities considered by this law; if due to these actions (lack of actions) and it is not possible to determine the voters’ intention.

1. The relevant court and the Central Election Commission can cancel the decisions of Territorial and Precinct Election Commissions on voting results and election returns in the cases considered by this law.
2. If results of elections are invalid in more than ¼ of precincts, elections can be considered invalid in the relevant single-mandate election districts. If results of elections are invalid in more than ¼ of election district, elections for a single multi-mandate election district can be considered invalid.
3. Irregularities occurred during the assistance to elect candidates and single lists of candidates who are not elected cannot be the basis for canceling a decision on election results.

Article 86. Accountability for Violation of Citizens’ Rights to Vote

1. The following persons are accountable to criminal, administrative and other responsibilities in accordance with this law:

1. Those who have obstructed the voters’ rights to vote and to be elected by use of force, deceit, threats or other methods;
2. who have abused their positions to be elected;
3. who have forced citizens to sign in support of candidates; who obstructed collecting signatures in support of candidates, political parties, and blocks of political parties;
4. who have committed actions prohibited by article 57.2 of this law;
5. who have not officially finalized information about registered candidates or who have done so inaccurately;
6. who have intentionally distributed misinformation about registered candidates, or they have impugned the honour and dignity of the candidates;
7. who have violated rights of commission members, observers, agents, candidates, authorised representatives of political parties, blocks of political parties, representatives of mass media; by violating their rights to obtain copies of election documents; or to obtain information and to verify copies of election documents;
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;
9. who have produced and distributed commercial and other advertisements which violate this law, or those who have rendered charitable assistance;
10. who have violated rules for finance defined by this law for election campaigning;
11. who have hidden ballot papers remaining, or those who have produced ballot papers which are not registered by the election commission and additional voting cards;
12. who have obstructed the election commission’s work, or those who have interfered with functions of members of the election commission;
13. who have obstructed voting in the voting station;
14. who have violated the secrecy of voting;
15. who have controlled voters choice;
16. who have falsified election documents, produced and presented fake documents, miscounted votes (including ballot stuffing), defined results of elections inaccurately, have not submitted information on voting results in time or those who have not published them;
17. who have violated citizens’ rights to become familiar with voters lists;
18. who have issued ballot papers to the persons with a purpose to vote for others, who have issued already marked ballot papers, or those who have created conditions to get more than one ballot paper;
19. who have not submitted reports on the expenditure of funds allocated for preparation and conduct of elections, and those who have not submitted financial reports of registered candidates, political parties and blocks of political parties and who have not published them;
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;
21. state officials who have not investigated information on violation of this law provided by the election commissions;

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 political parties, and blocks of political parties.