CHAPTER VI. NOMINATION OF CANDIDATES FOR DEPUTY OF MILLI MAJLIS AND THEIR REGISTRATION
Article 34. Direct Nomination of Candidates by Voters
- Citizens of the Azerbaijan Republic who are eligible to vote and who permanently and mostly reside within the relevant election district can nominate candidates for a single-mandate election district.
- Nomination of candidates commences after the plan of approved single-mandate election districts is published.
- Candidates are nominated for single-mandate election districts for repeated elections after a decision on determination of these elections have been officially published.
- Candidates for a single-mandate election districts for additional elections are nominated after the period mentioned in paragraph 3 of the current article.
- An initiator or initiators who nominate a candidate for a single-mandate election district informs the relevant Territorial Election Commission about his/her initiative (initiatives) in writing. This document should contain the following information about each initiator:
- name, surname, father’s name;
- birth date, address;
- batch and serial number of identification document (or a substitute document);
- candidate’s surname, birth date, main working place and position (type of activity if he/she does not have them);
- candidate’s address.
- Together with a document mentioned in the paragraph 5 of this article a candidate sends his/her written consent (application) to the relevant Territorial Election Commission, saying that he/she undertakes to terminate his/her functions if he/she exceeds the functions of a deputy if he/she is elected as a deputy of the Milli Majlis. This document contains the following information about his/her biography: name, surname; birth date; address; education; main working place and position (type of activity if he/she doesn’t have working place and position). If candidates have been sentenced and if it is not canceled or served, they must note name and number of a relevant article of the Criminal Code of the Azerbaijan Republic; if a candidate has done an action which requires a criminal accountability abroad and if the same action requires accountability according to the Criminal Code of the Azerbaijan Republic, a name of the relevant law of foreign country should be recorded also. Besides the information on citizenship of the Azerbaijan Republic, this document should contain information if a candidate has foreign citizenship or obligations in foreign countries.
- A candidate nominated by the voters can give his/her consent to be nominated for only one single-mandate election district.
- A candidate nominated by the voters can add information to the application on the basis of the document, which certifies his/her party affiliation, at least six months prior to announcement of Election Day. In such cases a candidate comes to an agreement with a Territorial Election Commission about naming his/her political party with not more than five words.
- If establishment of the Territorial Election Commission has not been finished before nominating candidates, initiator’s document, agreements of relevant candidates and other document are sent to the Central Election Commission. The Central Election Commission submits these documents to the Territorial Election Commission after it has been formed and a chairperson has been selected.
- The relevant election commission should inform the initiators in writing about receipt of submitted documents, according to the requirements of this article.
Article 35. Nomination of Candidates by Political parties and Blocks of Political Parties for Single-Mandate Election District
- A political party adopts a decision on nomination of candidates for a single-mandate election district in accordance with its charter. Such a decision should be made by voting in a collegial order.
- Political party and block of political parties cannot nominate more than one candidate for a single-mandate election district.
- A decision on nomination of candidate for a single-mandate election district for repeated or additional elections can be made by a political party in accordance with the rules mentioned in paragraph 1 of this article, after a decision on determination of elections is officially published.
- Candidates nominated by the block of political parties for a single-mandate election district should be approved by each political party, which is included in that block. A decision on nominating candidates by the block of political parties is made in the meetings (congresses, conferences, meetings of management) of representatives of political parties. Authorised representatives, who have the powers to approve list of candidates nominated for a single-mandate election district in the meeting of representatives of political parties included in block of political parties, are determined at the congress (conference, meeting of management) of political parties.
- Nomination of candidates by political parties and block of political parties for a single-mandate election district commences after an approved scheme of single-mandate election district is published officially.
- A decision of meeting of political party, block of political party on nominating a candidate is recorded in the minutes of the meeting. The minutes contain the following:
- number of persons registered for participation in the meeting (congress, conference, meeting of management);
- required number of participants for adoption of a decision considered by the agreement on the creation of a block of political parties;
- a decision on nominating a candidate and the results of voting on this decision (list of candidates nominated for single-mandate election district should be attached);
- date of adoption of a decision.
- The list of candidates nominated for a single-mandate election district should contain name and number of election district for which each candidate has been nominated. The list of candidates nominated by a political party should be verified by the stamp of the political party. When a list of candidates is nominated by the block of political parties, a decision of each political party (members of block) on nominating a candidate should be approved by stamp of the political party and by the signatures of authorised representatives of block of political parties.
- Political parties and block of political parties have the right to change a single-mandate election district, with a consent of the candidate and registered candidate, for which they have nominated a candidate, at least 65 days prior to election day, based on the decision of their authorised bodies. They send a written notice to the Central Election Commission and to the relevant Territorial Election Commission. Political parties and block of political parties have the right to nominate the same candidate for a single multi-mandate election district, who has been listed in the list of candidates nominated for a multi-mandate election district, with his/her consent, at least 65 days prior to election day, based on the decision of their authorised bodies. The Central Election Commission and the Territorial Election Commission should be informed about this. The authorised body of political parties and block of political parties makes a decision on this.
- A political party and block of political parties and political parties included in the block of political parties can nominate candidates who are not members of relevant political parties.
Article 36. List of Candidates Nominated by Political parties and Blocks of Political Parties for a Single Multi-Mandate Election District
- A decision of the political party on nominating a list of candidates for a single multi-mandate election district is adopted in accordance with article 35.1 of this law.
- A decision of block of political parties on nominating a single list of candidates (hereafter referred to as single list of candidates) for a single multi-mandate election district is adopted by each political party included in this block, in accordance with its charter. A political party approves representatives who are authorised to make a decision on nominating a candidate on behalf of block, in the meeting (congress, conference) of block of political party. A decision on nominating a list of candidates on behalf of the block is made in the meeting (congress, conference) of the representatives of political parties.
- Nomination of single list of candidates by political parties and block of political parties is implemented after a decision on determination of elections is officially published.
- A decision of the:
- congress (conference, meeting of management) of political party;
- meeting (congress, conference) on nominating candidates of block of political parties
is recorded in the minutes. The minutes contain the following:
- number of registered participants of the meeting (congress, conference);
- required number of participants for adoption of decision, according to agreement on establishment of block of political parties and charter of political parties;
- a decision on nominating a candidate and results of voting on this decision (a single list of candidates should be attached);
- date of adoption of a decision.
- A political party and block of political parties and political parties included in the block of political parties can nominate a person who is not a member of a relevant political party, as a candidate for the single list of candidates.
- A single list of candidates nominated by the political party is verified by the stamp of the political party. If a list of candidates is nominated on behalf of political party block, a decision on nominating a candidate of the political parties, which are members of the block of political parties, should be verified by the stamp of the political party. A single list of candidates nominated by block of political parties is verified by signatures of authorised representatives of block of political parties and stamps of political parties included in the block of political parties.
- Rules for recording candidates in the single list are defined by political parties and by the block of political parties.
- Candidates nominated by political parties and block of political parties for a single-mandate election district cannot be included in the single list of candidates.
- The total number of candidates on a single list nominated by political parties and block of political parties should not be more than thirty.
Article 37. Submission of Lists of Candidates Nominated by Political parties and block of political parties and Other Election Documents to the Central Election Commission
- Authorised representatives of political parties and block of political parties submit the list of candidates and single list of candidates nominated by political parties and block of political parties for single-mandate election district to the Central Election Commission. These lists should contain the following information about the candidates:
- name, surname;
- date of birth;
- education;
- main working or serving place;
- occupation or position (type of activity if he/she does not have them);
- address;
- party affiliation, with his/her own consent;
- his/her status or legal status in political party.
List of candidates should be submitted to the Central Election Commission in a format defined by it. It should be typed and prepared in a way that is easy to read.
- An authorised representative of political party submits the following documents together with the lists of candidates:
- copy of certificate on registration of political party verified by the notary office;
- copy of charter (in force) of political party verified by the notary office;
- decision of political party (adopted at its conference) on nominating candidates and minutes of that meeting;
- powers of attorney of authorised representatives of political party issued in accordance with the rules of this law.
- Authorised representative of block of political parties submits the following documents to the Central Election Commission:
- decisions of political parties included in block of political parties on nomination of candidates (adopted at their conferences) and minutes of relevant meetings;
- a decision adopted at the meeting (congress, conference) of representatives of political parties which are included in block of political parties on nominating list of candidates and minutes of relevant meetings;
- powers of attorney of authorised representatives of block of political parties issued in accordance with requirements of this law.
- Besides the documents mentioned in paragraphs 1-3 of this article, authorised representatives of political parties and block of political parties must submit a candidate’s application containing his/her consent and undertakings for termination of his/her powers if he/she exceeds them after he/she is elected as a deputy. This application should contain also the following information about the candidate:
- name, surname;
- date of birth;
- address;
- education;
- main working or serving place;
- occupation or position (type of activity if he/she does not have them);
- party affiliation, with his/her own consent, if registered 6 months prior to election day.
If candidates have been sentenced and if it is not canceled or served, they must note name and number of a relevant article of the Criminal Code of the Azerbaijan Republic; if a candidate has done an action which requires a criminal accountability abroad and if the same action requires accountability according to the Criminal Code of the Azerbaijan Republic, a name of the law of the foreign country should be recorded as well. Besides the citizenship of the Azerbaijan Republic, this document should contain information about if a candidate has foreign citizenship or obligations in foreign countries. If a candidate has been sentenced and if it is not served or canceled, this information should be recorded in the list.
- A candidate nominated by the political parties and block of political parties can be included in only one single list of candidates and cannot be nominated for a single–mandate election district at the same time.
- The Central Election Commission examines the documents within five days and makes a decision on approval or rejection from approving the list of candidates and single list of candidates nominated for single-mandate election district and informs the authorised representatives political parties and block of political parties. Reasons should be based on evidence. If a block of political parties has submitted documents required for registration of block of political parties together with a list of candidates, in accordance with the rules mentioned in article 30 of this law, the Central Election Commission examines all submitted documents not later than five days. The Central Election Commission cannot refuse to receive the submitted documents.
- Political parties and block of political parties can be refused to be provided with a copy of approved list of candidates if documents mentioned in paragraphs 1-4 of this article have not been prepared in a required form and if rules for nomination of candidates have been violated.
- A political party and block of political parties can file a complaint about refusal of receipt of documents and submission of approved copy of list of candidates with the Supreme Court of the Azerbaijan Republic (hereafter referred to as the Supreme Court). This complaint should be examined within five days by the Supreme Court.
- No changes can be made in the list of candidates or single list of candidates nominated for a single-mandate election district, after they have been submitted to the Central Election Commission except for the following:
- in order of names of candidates (in the list);
- if a political party and block of political parties withdraws the candidate based on his/her own request;
- if a candidate dies;
- in cases mentioned in the article 35.8. of this law.
- Political parties and block of political parties which have nominated candidates for a single-mandate election district must submit the following documents together with a decision on nominating candidates to the Territorial Election Commission:
- relevant minutes of meeting (congress, conference, meeting of management);
- copy of list of candidates nominated for a single-mandate election district approved by the Central Election Commission;
- candidate’s application with his consent to be a candidate for a single-mandate election district.
This application should contain information in accordance with paragraph 4 of the current article and candidate’s undertakings on termination of his/her powers if he/she makes any action, which exceeds the powers of the deputy.
- The Central Election Commission and Territorial Election Commissions should create necessary conditions for receiving information about the relevant candidates.
Article 38. Insurance of Equal Status for Candidates
- Except the cases defined by this law, all candidates have equal rights and obligations. Candidates who are government or municipal officials are prohibited from abusing their positions to have superiority.
- The following actions are considered by this law as an abuse of position and occupation:
- to engage state or municipal officials who are subordinate employees of candidates with an activity which assists to be nominated as a candidate or to be elected as a deputy, during their working hours;
- to use the buildings of state or municipal bodies for being nominated as a candidate or for being elected as a deputy, if other candidates or registered candidates cannot use these buildings with equal conditions;
- to use communication, information and telephone services of state bodies, organizations or municipalities for collecting signatures and for election campaigning;
- to use transport, which is state or municipal property, free or with privileged conditions to assist to be nominated as a candidate or to be elected as a deputy (abovementioned cases do not concern the persons who use the transport in accordance with the legislation of the Azerbaijan Republic "On State Protection");
- to engage state or municipal officials to collect signatures or to conduct election campaign during their business trips;
- to use mass media mentioned in article 52.1. of this law for collecting signatures or for election campaigning with privileged conditions.
- The following cannot implement charitable activities during the election campaigning processes:
- candidates;
- political parties and block of political parties which have nominated candidates;
- authorised representatives of political parties, block of political parties;
- their founders, owners;
- legal entities who are persons mentioned above;
- other physical or legal entities which are functioning on the request of abovementioned persons.
Abovementioned persons and organizations are prohibited to be requested from the following:
- to render financial assistance to other physical and legal entities;
- to render financial assistance to voters or organizations or to render service to them.
Physical and legal entities are prohibited from conducting charitable activities on behalf of political parties and block of political parties and their authorised representatives or a candidate.
Article 39. Rules for Collecting Voters Signatures to Support Candidates Nominated Directly by Voters
- Collection of signatures in support of candidates nominated directly by voters starts in accordance with the article 34 of this law, from the day a relevant Territorial Election Commission is informed about this.
- At least two thousand signatures should be collected in support of a candidate within the territory of election district a candidate has been nominated for.
- Signature sheets are prepared in a format mentioned in "Annex 1" which is attached to this law. Each signature paper should contain: candidate’s working or service place, occupation or position (type of activity), address, name and number of election district he/she is nominated for. If a candidate has been sentenced and it is not served or canceled, the signature sheet should contain name and number of the article of Criminal Code of the Azerbaijan Republic due to which he/she is sentenced, or name of relevant legislation of foreign country if a candidate has any actions that require criminal accountability in that country and if the same actions require accountability by the Criminal Code of the Azerbaijan Republic.
- The signature sheet can contain name of political party, which has been recorded in the candidate’s written consent to be a candidate, in accordance with the article 37.4 of this law.
Article 40. Collecting Signatures in Support of Candidates Nominated by Political Parties, Block of Political Parties
- Political parties and block of political parties, which have nominated candidates for a single-mandate election district, should collect voters’ signatures within the election district, where a candidate agreed to be nominated. At least two thousand signatures of voters living within the relevant election district should be collected in support of each candidate.
- Political parties and blocks of political parties, which have nominated a single list of candidates, should collect at least 50,000 signatures of voters. Those signatures should be collected at least from 75 single-mandate election district.
- Political parties and block of political parties can start collection of voters signatures in support of a single list of candidates from the day Central Election Commission approves copy of a single list of candidates. Political parties and block of political parties can start collection of signatures in support of candidates nominated for single-mandate election district from the day they submit documents and information to the TEC as mentioned in the article 37.10 of this law.
- Signature sheets should be prepared in the format shown in "Annexes 1 and 2" of this law.
- While collecting voters signatures in support of single list of candidates, each signature sheet should contain names, surnames, birth dates, main working or serving place, occupation or positions (type of activity – if they do not have them) of the first three candidates who appear in the list of candidates. If a mentioned candidate had been sentenced and it is not served or canceled, name and number of relevant article of the Criminal Code of the Azerbaijan Republic should be recorded in the signature sheet. If a candidate had executed an action which requires accountability in foreign country, and if the same action requires accountability by the Criminal Code of the Azerbaijan Republic, name of the law of that foreign country and name (number) of the single-mandate election district should be recorded as well. A person who collects signatures should submit a single list of candidates approved by the Central Election Commission if a person signing in support of candidates requests that.
- If political parties and blocks of political parties which have nominated candidates for a single-mandate election district collect signatures in support of candidates, besides the information about candidates, a signature paper should contain name of political parties and block of political parties which have nominated this candidate, party affiliation of a candidate and his/her relevant status in that political party, if a candidate have recorded this in his/her application.
Article 41. Rules for Collecting Voters Signatures in Support of Single List of Candidates and Candidates
- State bodies, municipalities and legal entities [regardless of the category of business ownership] are prohibited from participating in collecting signatures. It is prohibited to force voters to sign or to reward them for signing. If a relevant court approves that these rules are not followed, collected signatures can be considered invalid; candidates, registered candidates, single list of candidates, single list of registered candidates can be refused from registration or their registration can be canceled.
- A citizen of the Azerbaijan Republic, who is 18 years old, [of sound mind and body, legally eligible to work], can collect voters signatures. A candidate, political party and block of political parties can sign an agreement with a person who will collect voters’ signatures. This person can be paid only from candidate’s, political party’s, block’s of political parties election funds.
- Signatures in support of candidates and single list of candidates can be collected in educational institutions, populated places, and other places where election campaigning is not prohibited.
- A voter can sign only once in support of a candidate or a single list of candidates. When signing, a voter records the following information about him/herself: name, surname, father’s name, date of birth, address, batch and serial number of identification document (or a substitute document), date of its issue and date of signing. A person who collects signatures can record additional information about the voter who signs the signature sheets, if such information is necessary. This information is recorded in writing.
- Voters can sign in support of candidates and a single list of candidates on either front or reverse side of signature sheets. In such cases, the reverse side of the signature sheet is considered a continuation of the front page. The signature sheet is verified on its reverse side.
- Signature sheets containing the signatures in support of a candidate nominated for a single-mandate election district are signed by a person who has collected them and by a candidate, after signatures have been collected. A person who has collected signatures records his/her name, surname, father’s name, address, batch and number of identification document, date of its issue, as well as a candidate’s name, surname, father’s name and date of signing on signature sheets, before he/she signs it.
- Signature sheets containing the signatures in support of single list of candidates are signed by a person who has collected them and by authorised representatives of political party, block of political parties, after signatures have been collected. A person who has collected signatures records his/her name, surname, father’s name, address, batch and number of identification document, date of its issue; a relevant authorised representative records his/her name, surname, father’s name and date of signing the signature sheets, before he/she signs it.
- Each political party, block of political parties, voter or voters who have nominated a candidate for single-mandate election district can collect the required number of signatures in support of the candidate together, after they inform the relevant election commission in writing about nominating the same candidate. In such cases, it is prohibited to collect together signatures collected by different persons.
- After signatures in support of single list of candidates have been collected, authorised representatives of political parties and block of political parties calculate the total number of signatures. A protocol on results of calculations of signatures is completed and signed by the authorised representatives of political party, block of political parties.
- Initiators of nominating candidates for a single-mandate election district, authorised representatives of a candidate or political party and block of political parties calculate the total number of signatures in support of a candidate, complete a protocol about it and sign it.
- The number of voters signatures on signature sheets submitted to the election commission should not exceed more than 15% than the required number defined by this law.
- Signature sheets submitted to a relevant election commission should be numbered [in consecutive order]. All signature sheets in support of single list of candidates should be numbered [in consecutive order] and then kept together in a folder.
Article 42. Submission of Documents for Registration of Candidates and Single List of Candidates
- Authorised representatives of candidates, political party and block of political parties submit the following documents to the relevant Territorial Election Commission at earliest fifty five days and at latest thirty five days prior to election day for registration of candidates nominated for a single-mandate election district before 6.00 PM:
- signature sheets, which include voters signatures in support of candidates;
- two copies of protocols on results of collecting signatures prepared in a format defined by the Central Election Commission;
- information on changes made to the information about the candidates, submitted according to the articles 34.5-6 and 37.1-4 of this law;
- information on the amount and sources of candidate’s income;
- information on the candidate’s property on the basis of right to property;
- candidate’s initial financial record (including information on funds spent for organization of collection of voters signatures).
- Authorised representatives of political party and block of political parties must submit the following documents to the Central Election Commission at earliest one hundred and five days and at latest fifty five days prior to election day before 6.00 PM for registration of single list of candidates:
- signature papers, which include voters signatures in support of a single list of candidates;
- two copies of protocols on results of collecting signatures prepared in a format defined by the Central Election Commission;
- information on changes made later to the copies of single list of candidates submitted before in accordance with the articles 37.1-4 of this law;
- information on amount and sources of income of each candidate;
- information on property of each candidate, on the basis of right to property;
- initial financial account of political party and block of political parties (including information on funds spent for organization of collection of voters’ signatures).
- Information on amount and sources of income of the candidate for the period of one year should be submitted in a format defined by the Central Election Commission starting from the day of determination of Election Day. At the same time, organizations, which are income sources, submit a summary of annual income. Information on property owned by the candidate should be submitted in a format mentioned "Annex #4". The Central Election Commission defines the list of information of candidate’s property and income to be published.
- When receiving election documents, election commissions approve each folder containing signature sheets with their stamp, check if number of submitted signature sheets match with the number recorded in the protocol on results of collecting signatures, then provides the candidate, authorised representatives of political party and block of political parties with a document on receipt of election documents. This document contains date and time of receipt, number of signature sheets received and number of signatures announced. If abovementioned persons submit relevant documents to relevant election commission before the time mentioned in the paragraphs 1-2 of this article, they cannot be refused receipt of documents; authorised representatives of a candidate, political party and block of political parties cannot be obstructed to enter relevant buildings.
- Registration of candidates and a single list of candidates commences after voters’ signatures are submitted to the relevant election commission.
Article 43. Checking Accuracy of Signature Sheets and Documents Submitted by Candidates, Political Parties, Block of Political Parties
- The Central Election Commission checks whether the procedures of nominating a single list of candidates fulfill the requirements of this law, checks accuracy of documents submitted in accordance with the requirements of this law, of information recorded in signature sheets of each political party, block of political parties. According to this law, the Central Election Commission has the right to check accuracy of information about biography and other information submitted by a candidate, political party, block of political parties.
- Relevant Territorial Election Commission checks accuracy of documents defined by this law, signature sheets of each candidate and checks whether procedures of nominating candidates fulfill the requirements of this law. The Territorial Election Commission has the right to check accuracy of information about biography and other information submitted by a candidate, political party, block of political parties and voters, according to this law.
- The election commission can apply to the relevant bodies with a purpose to check accuracy of information and facts submitted in accordance with this law. Those bodies should inform the election commissions about the results of examination within the period defined by the election commission. If there are twenty-five days remaining prior to the Election Day [the answer must be provided] within a one day period.
The relevant election commission can make a decision on creating working groups consisting of election commission members, employees of election commission apparat and specialists invited to check accuracy of signatures and relevant information. Such investigation can include the following persons:
- members of subordinate election commissions;
- experts of relevant bodies;
- experts specialized in the filed of registration of population.
Their conclusion can be accepted, as a basis, which approves that information in the signature sheets, is not accurate. The election commissions can use the state registration system of voters to check accuracy of information in signature sheets.
- At least 15% of signatures required for registration of each candidate and single list of candidates should be checked. For initial examination, an equal number of signatures collected in support of each candidate and single list of candidates should be investigated. Signature sheets to be examined are selected by lottery. Rules for lottery are defined by the Central Election Commission. The following can be present in the Territorial Election Commission while casting lots and checking signature sheets: candidates, their authorised representatives, authorised representatives of political party, block of political parties; in the Central Election Commission – authorised representatives of political party and block of political parties which have nominated single list of candidates. The relevant election commission should inform the abovementioned persons about each lottery and examination of documents in advance. The election commission cannot refuse or obstruct abovementioned persons sent by a candidate, political party and block of political parties to participate in these actions. All signatures selected for investigation should be examined.
- Accuracy or incorrectness of voters’ signatures can be approved due to results of investigation.
- Crossed out signatures (in the signature sheets) of the persons who have nominated a candidate or a single list of candidates are not checked and registered if persons who collect signatures made relevant notes on it [about why the name is crossed out], before they submit the signatures sheets to the relevant election commission.
- If a signature of one person appears several times while checking them, only one signature is considered valid, others are considered incorrect.
- The following signatures are incorrect:
- signatures of voters who do not have right to vote or who have recorded information incorrectly, according to information of relevant executive authorities and conclusion of experts invited in accordance with the paragraph 3 of this article;
- if signatures of voters are included in the signature sheets before the Territorial Election Commission received information on nominating a candidate or before the Central Election Commission approved the copies of single lists of candidates;
- signatures of voters who did not record information required by this law;
- signatures considered invalid in accordance with 41.1 and 41.4 of this law;
- signatures recorded by one person on behalf of several voters;
- signatures which are not recorded in writing or recorded by pencil;
- if dates of signatures have been changed; these changes are considered correct if persons who approved the signature sheets verify them;
- All signatures in the signature sheets are considered invalid if sheets are not verified in writing by a person who collected them, a candidate, authorised representatives of political party, block of political parties, or signatures of authorised representatives are not correct.
- If several persons sign for one voter or one person signs for several voters, all these signatures are considered invalid in accordance with written conclusion of experts invited due to paragraph 3 of this article.
- If a line in a signature sheet does not fulfill the requirements of this law, that line should be considered invalid, except cases mentioned in paragraphs 7 and 9 of this article.
- If signatures are not found invalid in accordance with 7th and 9th paragraphs of this article, and corrections and notes are made in a defined manner, while checking the accuracy of signatures and counting the signatures, then these facts cannot be a reason to consider the signatures invalid.
- If more than 10% of selected signatures are incorrect, then the additional 10% of signatures required for registration should be checked in an abovementioned manner.
- If more than 10% of total number of signatures, checked in accordance with paragraph 13 of this article, are incorrect, checking process is stopped and a candidate and a single list of candidates is not registered.
- If number of signatures is less than required number, after invalid signatures have been removed, candidate and single list of candidates are not registered.
- Head of the working group, member of relevant election commission who have decisive right to vote prepare a relevant protocol on results of checking signature sheets collected in support of each candidate and single list of candidates, they sign it and transfer to the election commission for a relevant decision. The protocol contains the number of checked signatures and number of invalid signatures with a note of reason. This protocol should be attached to a relevant decision of the election commission. Copy of the protocol should be submitted to a candidate, authorised representatives of political party and block of political parties at least twelve hours prior to the meeting of the election commission, which deals with registration of candidates and single list of candidates. A candidate, political party and block of political parties have the right to obtain the following documents if signature sheets do not contain the required number of signatures and if more than 10% of signatures have been considered invalid:
- copy of the protocol verified by the head of the working group;
- reasons for considering signatures invalid including:
- number of a relevant folder;
- number of line in the signature sheet;
- copy of the working-table on results of investigation.
Article 44. Registration of Candidate, Single List of Candidates
- The Central Election Commission must make a decision on registration or refusal of registration of the single list of candidates, within ten days after the receipt of signature sheets and other documents required for the registration of the abovementioned list. The Territorial Election Commission makes a decision on registration or refusal of registration of the candidate for a single-mandate election district within ten days after the receipt of signature sheets and other documents required for registration of candidate for a single-mandate election district. A decision to refuse the registration must be based on evidence. If candidate nominated by a political party and blocks of political parties is registered, the Territorial Election Commission includes in the decision nomination of candidate by political party, block of political parties. A decision on registration or refusal of registration contains the date and time it is adopted.
- One person cannot be registered:
- on more than one party list for a single list of candidates, or
- in more than one single mandate election district,
- nor, under the abovementioned conditions simultaneously.
- If rules mentioned in the paragraph 2 of this article are violated, previous registration of the candidate is considered valid, a decision on registration made a little later is canceled by the decision of relevant election commission (if a former registered candidate does not apply for canceling his/her previous registration) or the relevant candidate is removed from the single list of candidates.
- The relevant election commission should submit a copy of the decision on registration of candidates, single list of candidates to the candidates, a voter, voters who have nominated a candidate, authorised representatives of political party and block of political parties which have nominated a single list of candidates, within one day starting the day it is adopted. If registration has been refused, reasons for that should be recorded. The following can be reasons for refusal:
- violation of rules for collecting signatures defined by this law;
- if documents mentioned in the articles 34, 37 and 42 of this law are not prepared correctly or they do not exist;
- if the number of correct signatures collected in support of candidates or single list of candidates is less than required number or if more than 10% of checked signatures are invalid;
- if information submitted by candidates, political party, block of political parties, in accordance with this law, is not correct (if information about separate candidates is not correct in the single list of candidates nominated by political party, block of political parties, only that candidate’s name is removed from the approved list of candidates for this reason);
- if rules the for creation of election funds of candidates, political party and block of political parties and rules for expenditure of relevant funds have been violated;
- if authorised representatives of political party, block of political parties, as well as candidates, political parties and block of political parties violate the requirements of the article 38.3 of this article;
- other reasons considered by this law.
- If the election commission finds out cases that require criminal or administrative accountability, it transfers relevant documents and materials to the law enforcement bodies to investigate the case and violators to become accountable.
- If the election commission finds out that information submitted by candidates, political party and block of political parties (in accordance with 34, 37 and 42 articles of this law) is invalid after the registration of candidate or single list of candidates, the election commission can cancel the registration of the candidate (by removing the candidate from the list of candidates) up to ten days prior to the election day. If less than ten days are left to Election Day, the election commission can apply to the court to cancel the registration of the candidate (to remove the candidate from the list of candidates).
- Complaints may be filed about the CEC’s decision on registration of single list of candidates or refusal of it with the Supreme Court. Complaints may be filed about the TEC’s decision on registration of candidates or refusal of registration with the Central Election Commission or relevant courts. The complaint should be examined within five days from the day of its receipt.
- Each registered candidate is issued a card on registration. The relevant election commissions inform the mass media about the registered candidates and single list of candidates, within forty-eight hours after the registration. The Territorial Election Commissions display information about the candidates and single list of candidates on a special board defined by this law in the rooms of election commissions, at least fifteen days prior to Election Day. Information on cancellation of candidate’s and single list of candidates’ registration, on changes made to the membership of registered block of political parties and on withdrawal of candidate from the single list of candidates should be displayed with the same manner.
- If none of the candidates or only one candidate has been registered for a single-mandate election district at least twenty five days prior to election day, or if none of the lists of candidates or only one list of candidates has been registered at least forty five days prior to election day, election in the relevant election district is postponed for two months, in accordance with the rules mentioned in article 5 of this law, with a purpose to nominate additional candidates and list of candidates and to conduct other election processes.