Untitled Document

CHAPTER VIII. ELECTION CAMPAIGN

Article 49. Conduct of Election Campaign

The election campaign can be conducted by:

mass media;

conducting pre-election mass activities (gatherings, meetings with citizens, mass discussions and talks);

producing and distributing printed materials, audio-visual and other campaign materials;

other forms not prohibited by the law.

Election campaign by mass media is conducted by:

open discussions;

round tables, press conferences;

interviews, speeches;

political ads;

TV spots;

spots about political parties, block of political parties;

other forms not prohibited by the law.

Registered candidates, political parties and block of political parties define forms of election campaigning independently.

The following are prohibited from conducting election campaign, from distributing and publicizing election campaign materials:

state bodies and municipalities;

state and municipal officials, state and municipal employees, military persons (abusing their positions and privileges while performing their duties);

military units, military enterprises and organizations;

charity and religious organizations, or organizations established by them;

election commissions, members of election commissions with decisive voting right.

Article 50. Period of Election Campaigning

The election campaign begins twenty-five days prior to Election Day for the registered candidates, and forty-five days prior to Election Day for the political parties and block of political parties, which have registered single list of candidates except for cases defined by this law. It finishes at midnight (00.00) on the day prior to Election Day. All types of election campaigning are prohibited on Election Day and a day prior to Election Day.

Election campaign materials displayed outside of buildings and rooms of the election commissions in accordance with this law may stay in their places on Election Day.

Article 51. Public Opinion Survey

The mass media should mention the following information when it publishes results of an election related public opinion survey:

organizations where the public opinion survey has been conducted;

period of conduct;

exact questions;

number of respondents;

methods of collecting information;

exact questions;

statistic figures of future results.

It is prohibited to publish results of public opinion survey, prognosis of election results and other investigations related to the elections three days prior to Election Day as well as on Election Day.

Article 52. General Rules for Using Mass Media by Registered Candidates, Political parties and block of political parties

If creators of TV, radio companies or periodicals are state bodies and organizations, those TV, radio companies and periodicals create equal conditions for registered candidates, political parties and block of political parties to conduct their election campaign from the budget allocated from the government. Organizations mentioned above cannot campaign for or against the registered candidates, political parties and block of political parties on their own initiative.

TV, radio companies and periodicals mentioned in article 1 of this law which are aired and distributed in half or more than half of the territory of the Azerbaijan Republic are to create conditions for political parties and block of political parties with a registered single list of candidates to conduct their election campaign. The Central Election Commission publishes the list of TV, radio companies and periodicals mentioned above on the basis of document submitted by the relevant executive authority not later than twenty days after a decision on determination of elections has been officially published.

TV and radio companies aired in less than half of the territory of the Azerbaijan Republic, as well as relevant branches of TV and radio companies mentioned in paragraph 2 of this article, and periodical mentioned in paragraph 1 of this article and distributed in less than half of the territory of the Azerbaijan Republic are to create conditions for candidates registered for a single-mandate election district to conduct their election campaign within the territory of relevant administrative unit. List of TV, radio companies and periodicals should be published by the relevant Territorial Election Commission on the basis of a document submitted by the relevant executive authority at least within fifty days after a decision on determination of elections has been officially published.

If creators of the TV, radio companies and periodicals not considered by paragraph 1 of this article are municipalities, they have to create equal conditions for registered candidates, political parties and block of political parties for election campaigning. If TV, radio companies and periodicals do not participate in the election campaign, they can refuse to publish any materials or to allocate airtime regardless of their form.

Political parties and block of political parties define forms of usage of airtime on TV and radio and periodicals for election campaigning independently.

TV, radio companies and periodicals mentioned in the paragraphs 1-4 of this article have the right to allocate paid airtime and pages for registered candidates, political parties and block of political parties which have registered single lists of candidates, according to the agreement. Conditions and amount of payment should be equal for all registered candidates, political parties, block of political parties. Besides the information sent to the Central Election Commission about allocation of airtime and pages in the periodicals for political parties and blocks of political parties as well as information sent to the Territorial Election Commission about allocation of airtime and pages in the periodical for registered candidates, the relevant TV, radio companies and periodicals should publish amount of payment at least within fifty days after a decision on determination of elections has been officially published.

TV and radio companies, periodicals which allocate paid and free airtime and pages for registered candidates, political parties and block of political parties should register the volume and cost of airtime and pages in a format defined by the Central Election Commission. And they should inform the relevant Territorial Election Commissions (for candidates registered for a single-mandate election districts) and the Central Election Commission (for political parties and blocks of political parties, registered single lists of candidates) at least five days prior or at least five days after Election Day. Registered candidates, political parties and block of political parties are to submit documents on their consent to pay for allocated airtime and space on the request of the relevant election commission.

If private TV, radio companies and mass media do not participate in the election campaigning, they can refuse to publish election campaign materials.

Article 53. Election Campaign on TV and Radio

Registered candidates, political parties and block of political parties with a registered single list of candidates have the right to use free airtime on the TV and radio companies mentioned in paragraphs 2 and 3 of the article 52 of this law.

A lottery should be conducted for distribution of free airtime allocated in accordance with rules mentioned in paragraph 9 of this article amongst the candidates, political parties and block of political parties (based upon their requests) within one week after the period mentioned in article 50.1 has been started.

Political parties and blocks of political parties, which have a registered single list of candidates, have the right to use free airtime to conduct an election campaign on TV and radio mentioned in article 52.2 of this law.

Candidates registered for single-mandate election districts have the right to use free airtime on TV and radio mentioned in article 52.3 of this law. Candidates registered for single-mandate election district cannot use free airtime on TV and radio mentioned in article 52.2 of this law.

The total volume of free airtime for conducting election campaign on TV and radio considered by the article 52.2 of this law, should not be less than three hours a week. The total volume of free airtime for conducting election campaign on TV and radio mentioned in article 52.3 of this law, cannot be less than one hour and 30 minutes a week. If abovementioned companies air their programs only two hours a day, airtime mentioned above cannot be less than one quarter of total airtime of the company. TV and radio companies should allocate free airtime so that most of the viewers could be able to watch it.

One third of total free airtime on TV and radio should be allocated for registered candidates, political parties and block of political parties which have a registered single lists of candidates, to conduct discussions, round tables and other election campaigning actions. Airtime for joint election campaign activities on TV and radio mentioned in article 52.3 of this law is allocated and calculated for each registered candidate, political party and block of political parties and performed separately. Registered candidates, political parties and block of political parties should use free airtime on equal basis. In this case, free airtime for each candidate, political parties and block of political parties is defined separately.

If registered candidates, political parties and block of political parties refuse to participate in actions mentioned in paragraph 6 of this article, it does not mean that free airtime, allocated in accordance with paragraph 8 of this article, can be prolonged.

Free airtime provided by TV and radio companies is divided equally among the registered candidates, political parties and block of political parties, which have registered single lists of candidates.

Date and time of election campaign of political parties and block of political parties are defined by lottery conducted by the Central Election Commission, with participation of representatives of TV and radio companies. Time and place of lottery should be officially published. Date and time of airing election campaign materials of registered candidates are defined by lottery conducted by the relevant Territorial Election Commission with participation of representatives of relevant TV and radio companies. Persons mentioned in article 26.1 of this law have the right to be present during the lottery. The results of lottery should be recorded in the protocol. The table of division of airtime defined by the lottery should be published by the periodicals mentioned in article 52.2 and 52.3 of this law.

Expenses of TV and radio companies are paid from the state budget to cover free airtime allocated for registered candidates, political parties, and block of political parties.

TV and radio companies mentioned in article 52.1 of this law should keep extra airtime for conducting paid election campaign by the registered candidates, political parties, and block of political parties. The amount and terms of payment should be equal for all registered candidates, political parties, and block of political parties. Relevant information should be published at least within fifty days after a decision on determination of elections has been published. Total volume of extra paid airtime provided by TV and radio companies cannot be less or twice more than the total volume of free airtime allocated in accordance with paragraph 5 of this article.

Rules for usage of extra paid airtime by each registered candidate, political parties and block of political parties are defined as follows: total volume of airtime mentioned above is divided by the total number of registered candidates or political parties and block of political parties which have a registered single list of candidates.

Airtime mentioned in paragraph 12 of this article should be submitted by the TV and radio companies within the period mentioned in paragraph 2 of the same article. Date and time of airtime for election campaign materials is defined by lottery conducted by TV and radio companies with participation of authorised representatives of candidates, political parties and blocks of political parties, according to their request. A lottery should be conducted within a period mentioned in paragraph 2 of this article. Airtime should be provided in accordance with a contract signed after the lottery has been conducted.

If a registered candidate, political parties and block of political parties refuse to use airtime after the lottery has been conducted, they should inform the relevant TV and radio company about this two days prior to the date allocated for them. TV and radio companies decide themselves how to use this vacant time; except election campaigning purposes.

Election campaigning on TV and radio companies not considered by article 52.1 and 52.4 of this law begins according to the contract signed with TV and radio companies.

TV and radio companies not considered by article 52.1 and 52.4 of this law provide registered candidates, political parties and block of political parties with airtime and define payment terms on equal basis. TV and radio companies that do not follow these rules and article 52.6 cannot allocate airtime for registered candidates, political parties and block of political parties to conduct election campaign.

Contract on allocating paid airtime should include the following:

methods of election campaigning;

time and date of airtime;

period of airtime provided, its payment terms and its amount;

methods of participation of a performer during the transmission period and his/her terms.

After terms of contract are performed, a document is made on use of airtime, recording name of program and time of airing.

A registered candidate, political parties and block of political parties should submit the payment order on transferring full amount of money for allocation of airtime to the relevant bank at latest 48 hours prior to the day of air. The relevant bank should transfer money immediately after it gets the payment order. Period of bank transfer must not be more than two banking days.

Expenses for airtime are paid from the election funds of registered candidate, political parties, block of political parties.

If a registered candidate, political parties and block of political parties violate the rules defined by this law during use of free airtime, TV and radio companies can apply to the court for termination of a contract on allocation of airtime. After termination of the contract the TV and radio companies do not have the right to use that vacant time for election campaign purposes.

Election campaigning materials of registered candidates; political parties and block of political parties cannot be interrupted by advertisements for goods, works and other services.

It is prohibited to interrupt election campaign materials of registered candidates, political parties and block of political parties on TV and radio programs mentioned in article 52.2 of this law by other telecasts.

Information on conduct of election campaigning actions of registered candidates, political parties and block of political parties should be announced at the beginning of the telecast which is transmitted without comments. Candidates, registered candidates, political parties and block of political parties do not pay for airtime spent for such information. Any of registered candidates, political parties and block of political parties cannot be given a preference while reporting election campaigning.

Election campaign telecasts or radiocasts should be video/audiotaped. They should be preserved by TV and radio companies for 12 months from the day they have been aired. TV and radio companies must preserve reports on allocation of paid and free airtime mentioned in article 52.7 for five years from the Election Day.

Article 54. Election Campaign Using Periodicals

Registered candidates, political parties and block of political parties, which have a registered single list of candidates, have the equal right for free usage of periodicals, which are considered in article 52.1. and which are published not less than once a week, for their election campaign free.

After period mentioned in the article 50 of this law started, a lottery is conducted within one week amongst the registered candidates, political parties and block of political parties for free conduct of election campaign using periodicals, according to their requests. Lottery is conducted in accordance with the rules defined by the Central Election Commission.

Periodicals mentioned in article 52.1 of this law allocate free space for election campaigning.

The total weekly volume of free space allocated for registered candidates, political parties and block of political parties by the periodicals mentioned in article 52.1 of this law should cover at least 10% of weekly volume of periodical during the period mentioned in paragraph 3 of this article. The total volume of free space allocated by the periodicals for the period mentioned in paragraph 3 of this article should be published by the periodicals at least fifty days after a decision on determination of elections has been published. Periodicals mentioned above should allocate equal space for candidates, political parties and block of political parties registered for a single-mandate election district.

Free space allocated by the periodicals mentioned in article 52.3 of this law is determined by dividing the total volume of free space by total number of registered candidates, political parties and block of political parties blocks who have the right for free publication of their election campaign materials in those periodicals.

Date of publication of election campaign materials of registered candidates, political parties and block of political parties is determined by lottery conducted by periodicals with participation of parties interested. Members of relevant election commissions, as well as persons mentioned in article 26.1 of this law can be present during the lottery. Results of lottery are recorded in the minutes.

Expenses spent by the periodicals for allocation of free space for registered candidates, political parties and block of political parties are paid from the state budget.

Periodicals mentioned in article 52.1 of this law are to allocate paid space for registered candidates, political parties and block of political parties to publish election campaign materials. Terms of payment and its amount should be equal for all registered candidates, political parties, and block of political parties. It should be published by the relevant periodicals at least fifty days after the decision on determination of elections has been officially published. The total volume of paid space allocated by the periodicals should not be less than the total volume of free space in accordance with paragraph 4 of this law.

Every registered candidate, political parties and block of political parties can get extra paid space, the size of which is determined by dividing the total volume of extra paid space by total number of candidates, registered candidates, political parties and block of political parties with a registered lists of candidates.

Periodicals must provide a space, considered by paragraph 9 of this article within a period mentioned in paragraph 1 of article 50. Date of publication of election campaign materials of registered candidates, political parties and block of political parties is determined by lottery conducted by periodicals, on the basis of written requests of registered candidates, authorised representatives of political parties, block of political parties, with participation of interested persons. Lottery is conducted within the period defined by paragraph 2 of this article. Members of the relevant election commissions, as well as persons mentioned in article 26.1 of this law have the right to be present during the process of the lottery. Results of the lottery are recorded in minutes.

If a registered candidate, a political party and block of political parties refuse to use the space allocated by the periodicals after lottery has been conducted, they should inform the relevant periodical at least five days prior to the date of publication allocated for them. Periodicals decide themselves how to use the vacant space; except for election campaigning purposes.

Periodicals not mentioned in articles 52.1 and 52.4 of this law can publish election campaign materials of registered candidates, political parties and block of political parties according to the contract signed with registered candidates, political parties and block of political parties, which have a registered list of candidates.

Terms of payment and amount for space provided by a periodical not mentioned in articles 52.2 and 52.4 of this law, are equal for all candidates, political parties, block of political parties. Periodicals that do not follow these rules and article 52.6 of this law cannot allocate space for candidates, political parties and block of political parties to conduct election campaigns.

Registered candidates, political parties and block of political parties cover the expenses for space allocated by periodicals after the lottery, according to the contract signed with periodicals. A registered candidate, political parties and block of political parties must submit the payment order on complete payment for the allocated space to the relevant bank at least two days prior to the day of publication. They will not be allocated space by the periodicals if these rules are violated. The relevant bank should transfer money immediately starting the day of receipt of payment order, but not later than next banking day. Bank transfer cannot take more than two banking days.

Expenses for space allocated by the periodicals are paid from the candidates’, political parties’, block of political parties’ election funds.

None of the periodicals can give their comments during publication of election campaign materials in accordance with this article, without an agreement of candidates, political parties, block of political parties.

If periodicals founded by legislative and executive bodies, courts, municipalities are established for publishing official materials, information, standard and other statues of their founders, these periodicals cannot publish election campaign and other materials.

If periodicals are founded by registered candidates, political parties and block of political parties or by political parties included in block of political parties, requests on allocation of equal space and article 52.6 of this law do not concern to these periodicals.

All election campaign materials of candidates, registered candidates, political parties and blocks of political parties, published by periodicals should contain information on what candidate’s, political parties’, block of political parties’ election funds these expenses are paid from. If election campaign materials are published free, it should be recorded which candidate, political parties and block of political parties this free space belongs to.

Article 55. Election Campaign Using Mass Actions

State bodies and municipalities must assist the registered candidates, political parties and block of political parties in organizing meetings with citizens, open debates, meetings.

Applications of registered candidates, authorised representatives of political parties and block of political parties and their agents with a request to allocate venue for meetings with electors, are investigated by the relevant executive authority in accordance with the legislation of the Azerbaijan Republic.

Venues which are suitable for holding meetings with electors and which are owned by municipalities and state bodies are provided free of charge by the owners, in accordance with the order of the election commission, at times agreed by the election commission and registered candidates, authorised representatives and agents of political parties, block of political parties. If a venue has been allocated for one of the candidates, political parties and block of political parties for conducting election campaign, the owner cannot refuse to allocate it with equal conditions to another candidate, political parties and block of political parties. Election commissions create equal conditions for registered candidates, political parties and block of political parties to conduct election campaign.

Registered candidates, political parties and block of political parties have the right to lease buildings and rooms owned by citizens and organizations for conducting meetings with electors, meetings, open debates and other election campaign actions.

Cultural buildings and equipment registered by the government cannot be used for election campaign.

It is prohibited to conduct an election campaign within the territory of military units, military organizations and military institutions. Registered candidates, political parties and block of political parties their authorised representatives and agents, can conduct meetings with electors who are in military service within the territory of military unit, only when such meetings are arranged by the commanders of those military units together with the relevant Territorial Election Commissions and if all candidates registered for the relevant single-mandate election district, political parties and block of political parties are certainly invited and informed about these meetings at least three days prior to the meeting. Persons mentioned above, political parties and block of political parties should be created equal conditions for conducting such meetings.

According to the legislation, the relevant executive bodies ensure security and order during pre-election mass actions.

Article 56. Production and Distribution of Printed, Audiovisual and Other Election Campaign Materials

Registered candidates, political parties and block of political parties have the right to produce printed, audiovisual and other election campaign materials in accordance with rules defined by the legislation.

Before the day of official publication of a decision on the determination of elections, advertising organizations, founders (cofounders) that are state bodies or municipalities or their organizations, must create equal conditions for candidates registered for a single-mandate election district, political parties and block of political parties from the funds allocated by the executive authorities and municipalities.

Printed and audiovisual election campaign materials should contain information on:

the company which produced it;

the organization which requested to produce it;

the number of issues;

the date of production.

A registered candidate should submit a sample or a copy of printed election campaign materials to the relevant Territorial Election Commission; political parties and block of political parties submit them to the Central Election Commission. Besides these materials, they should submit addresses of organizations, which produced and requested them, to the relevant election commission. It is prohibited to print and distribute election campaign materials without written consent of registered candidate, political parties, block of political parties.

It is prohibited to distribute election campaign materials violating rules defined by paragraphs 3 and 4 of this article.

At least 30 days prior to Election Day, relevant executive authorities and municipalities, with a request of Territorial Election Commission, allocate locations for displaying printed election campaign materials within the territory of each voting station. These places must be accessible for people and information displayed there must be read easily. Candidates registered for single-mandate election district, authorised representatives of political parties and block of political parties with registered lists of candidates have the right to obtain lists of locations allocated for displaying election campaign materials from the Territorial Election Commission.

In the cases not mentioned in paragraph 6 of this article, election campaign materials can be displayed (hung, stuck etc.) in rooms, buildings and other places if the owners of those places do not object.

It is prohibited to display election campaign materials on monuments, historical, cultural heritage, equipment which are included in the relevant state register, as well as in rooms used by election commissions, in voting rooms and their entrances.

Election commissions must take necessary measures against the display of spurious printed and audiovisual materials and if it has information on distribution of election materials violating rules defined by paragraphs 3,4,7 and 8 of this article, and must apply to the relevant legal enforcement bodies to take measures to stop such campaign activities which contradict the law and to remove the election campaign materials distributed illegally.

Article 57. Preventing Abuse of Right to Conduct Election Campaigns

It is prohibited to abuse the mass media during the conduct of election campaigns. Pre-election programs of registered candidates, political parties and blocks of political parties, meetings, and election campaign materials distributed by the mass media and speeches must not contain incitements to capture the government by force, to change the constitutional basis of government by force, to violate the territorial integrity of the country, to insult citizens honour and dignity. It is prohibited to abuse the mass media using methods which incite social, ethnic, national and religious hostility or other methods which contradict the law. It is prohibited to conduct an election campaign which violate author’s rights.

Candidates, registered candidates, political parties and blocks of political parties, their authorised representatives and agents, as well as other persons and organizations who participate in the elections directly or indirectly are prohibited from:

giving money, giving gifts or other valuable things to voters, except for performance of organizational works;

granting the voters who performed organizational works, or promising to grant them, depending on results of elections;

selling goods at a discount;

providing any goods free of charge (except printed materials);

providing free or discounted services.

During election campaigning registered candidates, political parties and blocks of political parties, their authorised representatives, other persons and organizations are prohibited from influencing the voters by promising to give them securities, goods, money, as well as from rendering other services which contradict the law.

Registered candidates, agents and authorised representatives of political parties, blocks of political parties, as well as organizations, founders, owners and members of management of which are abovementioned persons and organizations, can display advertisements of their commercial and other activities during the election campaigning only on the basis of articles 53.16, 54.13 and 54.18 of this law and from the relevant election fund. Such advertisements should be stopped twenty-four hours prior to Election Day.

If TV and radio companies mentioned in articles 52.1 and 52.4 of this law and periodicals mentioned in articles 52.1 and 52.4 of this law participate in the election campaign and do not create conditions for registered candidates, before the election campaign finishes, to defend their prestige, dignity and honour or to disprove misinformation about them during the election campaigning period, TV, radio companies and periodicals mentioned above should prevent distribution and broadcast of information which impugns the prestige, dignity and honour of the candidate. If TV and radio companies mentioned in article 52.1-4 of this law do not provide the candidates with an airtime and space to defend their prestige, dignity and honour, abovementioned companies and periodicals or their officials can be accountable for that in accordance with the legislation.

If registered candidates, political parties and block of political parties violate paragraph 1 of this article, the relevant election commissions must apply to the court to cancel registration of the candidate or single list of candidates, other state bodies can use these rights. If registered candidate, political parties and block of political parties with registered list of candidates violate other rules for conduct of election campaign or rules defined by this law, the relevant election commission warns by its decision the registered candidates, political parties and block of political parties or applies to the relevant legal enforcement bodies to stop illegal election campaigning. At the same time, the relevant election commission can cancel registration of the candidate and single list of candidates. Relevant decision of the election commission is published by the press.

Legal enforcement and other bodies must take necessary measures to prevent illegal election campaigning or illegal production of printed, audiovisual and other election campaign materials, must find out producers and financial sources of those materials, and inform the relevant election commission about this.

If TV, radio companies and periodicals violate the rules for election campaigning defined by this law, relevant election commissions have the right to apply to the legal enforcement bodies, court and relevant executive authorities with a request to stop illegal election campaigning and to take necessary measures about these companies and periodicals and their officials.