CHAPTER IV

ELECTION COMMISSIONS

Article 18. System and Status of Election Commission for the Elections to Milli Majlis

    1. The following bodies prepare and conduct elections:

      1. Central Election Commission;

      2. Territorial Election Commissions;

      3. Precinct Election Commissions.

    2. Powers and rules for functioning of the election commissions for elections to the Milli Majlis are defined by this and other laws.

    3. Decisions made by superior election commissions within their powers are compulsory for subordinate election commissions.

    4. Election commissions must examine information on violations of the law during the election processes within their powers; investigate this information and respond 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 must be made not later than ten days from their receipt. Election commissions can request 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 five days, or if one day prior to the Election Day, on the Election Day or the next day after the Election Day. If matters mentioned in the request need additional investigations, this period can be prolonged for ten days.

    5. Election commissions must inform voters about periods and rules for implementation of election actions, candidates and registered candidates, political parties and blocks of political parties.

    6. Election commissions decisions that are in breach of this law or exceed their 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.

    7. State bodies, organizations, and municipalities as well as their officials must:

TV, radio companies and periodicals mentioned in 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 voters, in accordance with the rules defined by this law and other laws. Expenses of TV, radio companies and periodicals are paid from the relevant funds of the state budget. Organizations which are not mentioned in this paragraph, as well as TV, radio companies and periodicals, and their officials must:

Article 19. Formation of Territorial Election Commission

    1. A Territorial Election Commission is formed by the Central Election Commission at least 90 days before Election Day comprising 9 members.

    2. Members of the Territorial Election Commission are appointed by the Central Election Commission. Three members of the Territorial Election Commission are nominated by CEC members who represent the political party that has the majority of deputies in the Milli Majlis who have been elected from the single multi-mandate election district. Another three members are nominated by the CEC members who represent the political parties, which have minority of deputies in the Milli Majlis who have been elected from the single multi-mandate election district. The other three members are nominated by the Central Election Commission members who represent non-partisan deputies in the Milli Majlis. Local branches of political parties can nominate their candidates for membership of the Territorial Election Commission to the CEC members who represent the relevant political party. Two candidates nominated by the Central Election Commission members who represent non-partisan deputies in the Milli Majlis will be agreed by the interested parties: one candidate – with the CEC members who represent the political party which has a majority of deputies in Milli Majlis who have been elected from the single multi-mandate election district, and one candidate – with CEC members who represent the political parties which have the minority of deputies in the Milli Majlis who have been elected from the single multi-mandate election district. If members who represent a political party do not nominate its candidate to the member of the Territorial Election Commission 95 days prior to election day, that candidate will be nominated by non partisan deputies.

    3. The Chairperson and secretaries of the Territorial Election Commission are selected in accordance with the rules mentioned in article 3 of the law "On the Central Election Commission". Members of Territorial Election Commissions are issued relevant cards by the Central Election Commission.

Article 20. Formation of Precinct Election Commissions

    1. Precinct Election Commissions, comprised of six members, are formed by the relevant Territorial Election Commission, at least 40 days prior to Election Day.

20.2. Members of the Precinct Election Commission are appointed by the Territorial Election Commission. Two members of the Precinct Election Commission are nominated by the Territorial Election Commission members, who represent the political party which has a majority of deputies in the Milli Majlis who have been elected from the single multi-mandate election district. Another two members are nominated by the Territorial Election Commission members who represent the political parties that have a minority of deputies in the Milli Majlis who have been elected from the multi-mandate election district. The other two members are nominated by the Territorial Election Commission members who represent non-partisan deputies in the Milli Majlis. Candidates for member of the Precinct Election Commission to be represented by political parties will be nominated by the local branches of political parties that are represented in the Territorial Election Commission. Candidates for membership of the Precinct Election Commission to be represented by non-partisan deputies of the Milli Majlis will be nominated by the initiative groups of voters. These candidates should be citizens of the Azerbaijan Republic who reside within the territory of the relevant election district permanently or mostly. If a local branch of a political party does not nominate its candidate to membership of the Precinct Election Commission at least 45 days prior to Election Day, that candidate will be nominated by the Territorial Election Commission members who represent non partisan deputies.

    1. The chairperson and secretaries of the Precinct Election Commission are selected at its first meeting in accordance with the rules mentioned in article 3 of the law "On Central Election Commission".

    2. In the precincts created on the ships that sail under the flag of the Azerbaijan Republic, the Precinct Election Commissions are not formed and the captain of the ship assumes the powers of the commission in accordance with the rules defined by this law.

    3. Powers of the Precinct Election Commissions created outside of the Azerbaijan Republic are assumed by the diplomatic representation or head of the consular office in accordance with the rules defined by this law.

    4. Precinct Election Commission members are issued relevant cards in accordance with the rules defined by the Central Election Commission.

    5. Each registered candidate, political party, blocks of political parties and initiative group of voters have the right to appoint an observer to the election precincts from the time voting commences and until the commission has finalized the voting results documents for the election.

Article 21. Appointing a Member with a Consultative Voting Right to the Election Commission

    1. Political parties and blocks of political parties which have registered their list of candidates at the Central Election Commission can appoint a member with a consultative voting right to each Territorial and Precinct Election Commissions.

    2. A candidate registered by the single-mandate election district can appoint a member with a consultative voting right to the Territorial Election Commission of the same election district. Also, he/she can appoint a member to each Precinct Election Commission of the election district.

    3. Political parties and blocks of political parties, which have nominated a registered candidate (except in the case mentioned in paragraph 1 of this article) can appoint a member with a consultative voting right to the Territorial Election Commission and a member with consultative voting right to each Precinct Election Commission of that territory.

    4. A commission member with a consultative voting right will be issued an official card by the Central Election Commission.

Article 22. Status of Election Commission Member

    1. The following persons cannot be a member of an election commission with a decisive voting right:

    1. By ‘direct dependent’ this law considers official relations between supervisor and subordinate, including supervisor’s instructing powers upon the subordinate. It means that the supervisor has the right to employ, to dismiss the subordinate, to give instructions, orders that are to be implemented by the subordinate, to reward and to take disciplinary measures about him/her.

    2. A member of one election commission with a decisive or consultative voting right cannot be a member of another election commission with a decisive or consultative voting right.

    3. Powers of members of election commission with a decisive voting right are finished when powers of the same election commission finish; except for members of the Central Election Commission.

    4. The appointment of an election commission member with a decisive voting right can be terminated by an appropriate resolution of the relevant election commission, before the end of his/her term of office, within one month, but during the preparation and conduct of elections within three days, in the following circumstances:

      1. if he/she provides a written notice of resignation;

      2. in case of circumstances mentioned in paragraphs 1 and 3 of this article;

    5. Powers of the election commission member with a decisive voting right can be terminated immediately in the following circumstances:

      1. if he/she is no longer a citizen of the Azerbaijan Republic;

      2. if he/she is officially sentenced by the court;

      3. if he/she is subject to an official resolution of the court regarding disability, mental incapacity, death or disappearance;

      4. if he/she dies;

      5. if the court approves that an election commission member does not perform his/her duties regularly.

    6. A new member (to replace the one who has been dismissed from membership of the election commission due to abovementioned reasons and who has a decisive voting right) is appointed not later than a month. However, the during preparation and conduct of elections - at latest within a 10 day period after a previous one has been dismissed.

    7. 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 defined for officials.

22.9. An election commission member with a decisive voting right cannot be indicted for a crime or be subjected to administrative penalties determined by a court, without permission of the relevant prosecutor during the preparation and conduct of elections.

    1. An election commission member with a decisive voting right, during his/her term of office, and a commission member with a consultative voting right during the period the election commission is functioning, cannot be transferred to another position on the initiative of their employers without their own agreement.

    2. A commission member with a consultative voting right has rights equal to the members with decisive voting right except for the following:

    1. Election commission members with a decisive voting right and consultative voting right :

      1. are informed in time about the meetings of the relevant election commission;

      2. propose motions on issues within the powers of the commission, deliver speeches in the meeting of the commission and demand a vote on these issues;

      3. can question other participants of the election commission meeting about the issues on agenda and receive answers;

      4. can become 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 become familiarized with documents and materials which are not considered to be commercial or otherwise secret.

      5. can file complaints to the superior election commissions or court about the decision and actions (lack of actions) of the election commission.

    2. The term of office of a commission member with a consultative voting right is in effect until the registration of candidates (list of candidates) for the next elections is finished if:

The term of office of other election commission members with a consultative voting right is finished 30 days after general results of the election are officially published. But if a superior election commission receives complaints about the decisions, actions (lack of 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 the superior election commission or court makes a decision on these complaints.

    1. The term of office of a commission member who has a consultative voting right can be terminated by a decision of the candidate or 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

      1. 23.1. The Central Election Commission of the Azerbaijan Republic implements the powers considered under the law "On Central Election Commission" and this law.

Article 24. Powers of Territorial Election Commission

    1. The Territorial Election Commission has the following powers:

      1. controls whether voting rights of citizens of the Azerbaijan Republic are followed within the territory of an election district;

      2. creates conditions and requirements for all candidates, registered candidates, political parties and blocks of political parties to conduct their election campaign, defined by this and other laws;

      3. ensures equal usage of the state automated information system within its territory;

      4. transfers election ballot papers to the Precinct Election Commissions;

      5. transfers de-registration cards for voting, election cards and other election documents to the Precinct Election Commissions;

      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, political parties and blocks of political parties;

      7. names the Precinct Election Commission within its territory and numbers the voting stations in accordance with single rules;

      8. preserves and transfers to archives the election documents according to the rules approved by the Central Election Commission;

      9. receives information on the preparation and conduct of elections provided by relevant executive authorities and municipalities;

      10. informs the voters about the periods and rules for implementation of election actions during the elections;

      11. coordinates the activity of Precinct Election Commissions, examines complaints received about the decisions or actions (lack of actions) of these commissions and their officials, and makes substantiated decisions on these complaints;

      12. ensures receipt of information about candidates nominated for the relevant single-mandate election district, publishes information about registered candidates;

      13. registers candidates nominated for a single-mandate election district and their agents, issues them cards in a defined format;

      14. ensures that requirements for election campaigning, defined by this and other laws, for all candidates, registered candidates, political parties and blocks of political parties are followed within its territory;

      15. determines the returns of elections in single-mandate and results of voting in single multi-mandate election districts; informs the Central Election Commission about election results for single-mandate and single multi-mandate election districts; summarizes and publishes general information from the protocols of the Precinct Election Commissions according to the rules defined by this law;

      16. controls if Precinct Election Commissions are provided with rooms, transportation and communication, if relevant decisions on material-technical support are performed;

      17. conducts repeat and additional elections;

      18. performs other duties according to this law.

    2. According to this law, the term of office of the Territorial Election Commission for elections to the Milli Majlis is finished when a new Territorial Election Commission formed for new elections to the Milli Majlis meets for the first time.

    3. The activity of the Territorial Election Commission is finished 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, activity of the Territorial Election Commission are terminated after the Central Election Commission or court makes an appropriate decision.

Article 25. Powers of Precinct Election Commission

    1. The Precinct Election Commission has the following powers:

      1. informs the public about the address of the Precinct Election Commission, its telephone number, business hours, and also about date of voting and voting station location;

      2. approves and verifies the voters lists, displays this list for voters information; examines applications about mistakes and errors on the voters list and makes relevant changes;

      3. ensures preparation of the place for voting, ballot box and other equipment;

      4. informs the voters about the list of registered candidates and candidates provided by the superior election commission;

      5. controls compliance with the rules for election campaigning within the territory of electoral precinct;

      6. issues a de-registration card for voting;

      7. organizes voting on election day at the election precinct;

      8. determines the voting results for the electoral precinct, counts votes and presents protocols on voting results to the Territorial Election Commission;

      9. examines complaints on violation of this law within its powers and makes appropriate decision on it;

      10. ensures preservation of documents on the preparation and conduct of election and transfers [these documents] relevant rules, in accordance with the rules defined by the Central Election Commission;

      11. performs other duties according to this law.

    2. If complaints about 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, functions of the Precinct Election Commission are finished ten days after general results of elections are published by the Central Election Commission. If a complaint on results of voting has been filed, functions 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

    1. Members of election commissions, candidates registered in a single mandate election district or candidates registered on a single list or their authorised representatives or agents, authorised representatives or agents of political parties and blocks of political parties have the following rights:

Persons mentioned above do not require any additional permission of the election commission for attendance in the meetings of relevant commissions or for becoming familiarized with the abovementioned documents. A relevant election commission ensures access of abovementioned persons to the locations where election 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. Only [long-term] observers, who have been registered by the Central Election Commission in accordance with the rules defined by the Central Election Commission and who have specific permission, have the right to be present in the meetings of the election commissions up to the day of election. A registration card issued by the Central Election Commission should contain the numbers of the Territorial and Precinct Election Commissions that are allowed to be observed.

    1. The relevant election commission informs the following about the time of processing election documents and election commission meetings in accordance with the rules considered by the article 28.15-16 of this law:

    1. Representatives of interested parties have the right to be present in the election commission while it is investigating relevant complaints.

    2. Election commissions inform each registered candidate and the public about the following:

    1. 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, from time the Precinct Election Commission commences work and seals the ballot boxes on election day, until information on receipt of protocols on voting results has been provided by the superior election commission, as well as the recount of votes.

    2. Observers, as well as international observers, representatives of mass media can observe determination of 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 other election commissions.

    3. All election commission members, persons mentioned in the first paragraph of this article and observers should be ensured access to voting rooms of the electoral precincts established in military units, hospitals, sanatoriums, rest houses, isolation areas, and other places where people are located temporarily.

    4. Candidates registered for a single-mandate election district, each of the political parties and blocks of political parties with a single list of candidates which have been registered, 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 election day, within the period mentioned in the paragraph 5 of this article.

    5. Observers should have a written document containing his/her surname, name, father’s name, address, number of election commission and voting station he/she is assigned to, as well as a written document approved by the candidate whose interests the observer represents and who has been registered for a single-mandate election district, political parties, and block of political parties. This document is valid only if it is supported by a passport or other substitute document. Precincts do not have to be advised in advance of observer’s visits.

    6. Documents mentioned in paragraph 9 of this article can be submitted to the relevant election commission any time starting from when a relevant election commission has its first meeting, until the time protocols are prepared on voting results and on final returns of elections, including results of the recount of votes [if it was necessary to do so].

    7. [Domestic] observers as well as international observers have the following rights:

      1. to become familiar with voters lists;

      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;

      3. to observe the issuance of ballot papers to voters;

      4. to observe voting using a mobile ballot box;

      5. to observe the vote count: counting of valid ballot papers and canceled ballot papers; to observe the counting of votes from the defined distance in a condition which allows them to observe the process; to look through the marked and unmarked ballot papers during the counting of votes; to become familiar with the documents mentioned in the paragraph 4 of this article, protocols of the election commissions on voting results and election results and other documents;

      6. to give comments and suggestions about the organization of voting to the chairperson of the Precinct Election Commission, if he/she is not available, to a person who assumes the chairperson’s powers;

      7. to make a copy and obtain copies of protocols on voting results and final election results, documents prepared by the election commissions or attached 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 copies of the abovementioned documents at the request of an observer or provide the observer with verified copies of the abovementioned documents immediately;

      8. to file complaints about actions (lack of actions) or decisions of Precinct Election Commissions or other election commissions directly with superior election commissions or the court;

      9. to be present during the recount of voters’ ballots in the relevant election commissions.

    8. The observer is prohibited:

      1. to issue ballot papers to voters;

      2. to sign on receipt of a ballot paper on behalf of a voter who requests it;

      3. to mark a ballot paper on behalf of a voters who requests it;

      4. to participate directly in the counting of ballot papers together with the commission members with decisive voting right ;

      5. to obstruct the work of an election commission;

      6. to conduct election campaigning among the voters;

      7. to participate in making decisions by the relevant election commission.

    9. 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.

    10. The Chairperson or a person who assumes his/her powers, commission members with a decisive voting right has relevant powers, or a secretary can verify copies of protocols and other documents of election commissions. In such cases the abovementioned person first records "matches with original" on a copy, then signs it, stamps it with a stamp of the election commission and puts date of verification.

    11. Commission members with a consultative voting right, observers, representatives of the mass media and other persons mentioned in paragraphs 1 of this article who are present during voting and counting of votes should have signs which do not campaign and which show the status of representation. Samples of such signs should be issued by the Central Election Commission.

Article 27. International (foreign) observers

    1. International (foreign) observers (hereafter referred to as international observers) receive 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.

    2. The Milli Majlis, relevant executive authorities and the Central Election Commission can invite them after a decision on determination of elections has been officially published.

    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.

    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 in accordance with article 26 of this law during the preparation and conduct of elections.

    5. Functions of international observers are regulated by this and other laws.

    6. The term of office of international observers commences from the time they are registered by the Central Election Commission and finishes on the day general results of the elections are officially published.

    7. The international observer functions independently and freely, his/her activity is financed by the organisation which sends him/her or from the international observer’s personal funds.

    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.

    9. International observers can conduct press conferences on election legislation, about the preparation and conduct of elections and make statements to the mass media after Election Day.

    10. International observers have the right to meet with candidates, registered candidates, authorised representatives of political parties, blocks of political parties, agents of registered representatives, political parties, and blocks of political parties.

    11. International observers cannot use their status for activities not related to election campaigning, preparation for and conduct of elections.

    12. The Central Election Commission can cancel the registration of the international observer if the latter violates laws and international legal standards.

Article 28. Organization of the Functions of Election Commissions

    1. Election commissions function in a collegial form.

    2. A relevant election commission conducts its first meeting not later than five days after its commission members with a decisive voting right have been appointed.

    3. The chairperson, deputy chairperson and secretary of the election commission are elected in an open ballot, at its first meeting among the members with a decisive voting right.

    4. Meetings of the election commissions are called with a request of the chairperson, deputy chairperson (with a request of chairperson), as well as by one third of commission members with a decisive voting right.

    5. An election commission member with a decisive voting right is to participate in all meetings of the election commission.

    6. Meetings of election commissions are valid if attended by two thirds of commission members with a decisive voting right.

    7. Decisions of the election commissions are made by a majority of votes of 2/3 of all election commission members with a decisive voting right who participate in meetings of the election commission. Decisions of the Territorial Election Commission are adopted with a:

Decisions of the Precinct Election Commission are adopted with:

    1. Decisions of the election commission cannot be made by a majority of votes of election commission members with decisive voting rights who are present at the meeting of the election commission [unless there is a quorum].

    2. At least 2/3 of members of election commission with decisive voting right should be appointed for meetings of election commissions to be valid.

    3. At the request of election commission members, as well as of any superior election commission member present at the meeting, voting is conducted on the issues included in an approved agenda, which is within the powers of the election commission.

    4. Minutes of all meetings of the election commissions should be recorded; all documents received by the election commission should be registered.

    5. The chairperson and secretary of the election commission or commission members who have voted for the decision sign decisions and minutes of the meetings.

    6. 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 three days, on election day and the next day – immediately.

    7. Election commissions can hire part time employees by contract within the funds allocated from the budget, in relation to preparation and conduct of elections.

    8. TV and radio companies mentioned in article 52.2 allocate 15 free minutes weekly for Central Election Commission, TV and radio companies mentioned in article 52.3 of this law allocate not less than 10 minutes weekly for the Territorial Election Commissions, not less than five minutes weekly for the Precinct Election Commissions during the preparation and conduct of elections, for them to explain election legislation; to inform the population about rules for implementation of necessary election activity and its period, to provide information about election campaigning; and to answer the voters’ questions.

    9. Periodicals mentioned in article 52.2. of this law and 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. Periodicals mentioned in article 52.3. of this law and 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 voters about explanations of law, to answer to voters’ questions on rules and the periods for performing election activities, candidates, registered candidates, political parties, block of political parties, election campaign.