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Azerbaijan – Electoral Law

 

CHAPTER I
COMMON PROVISIONS

Article 1. Basic Principles of Elections to Milli Majlis of the Azerbaijan Republic

    1. The basis of elections (hereafter referred to as elections) to the Milli Majlis of the Azerbaijan Republic (hereafter referred to as the Milli Majlis) are defined by Article 83 of the Constitution of the Azerbaijan Republic.
    2. Citizens of the Azerbaijan Republic participate in the elections freely and voluntarily. No one has the right to pressure a citizen of the Azerbaijan Republic to participate or not to participate in the elections or to control his/her choice of whom he/she votes for.

Article 2. Legislation on Elections to Milli Majlis

    1. The Constitution of the Azerbaijan Republic, this law and other laws are the basis of the legislation on elections to the Milli Majlis.

Article 3. Elections to Milli Majlis

    1. 100 deputies of the Milli Majlis are elected as a rule on the basis of a single representation norm of voters in single mandate election districts (one district – one deputy). The single representation norm of voters is determined by dividing the total number of registered voters by 100.
    2. 25 deputies of Milli Majlis are elected on the basis of number of proportional votes cast for the list of candidates (hereafter referred to as candidates) nominated by political parties and blocks of political parties in a single multi-mandate election district.

Article 4. Suffrage of Citizens of Azerbaijan Republic

    1. According to article 56 of the Constitution of the Azerbaijan Republic (hereafter referred to as the Constitution), on election day, a citizen of the Azerbaijan Republic, who is 18 years old, and who lives permanently, or basically, within the territory of the relevant election district, has the right to vote to elect a deputy to the Milli Majlis in a single-mandate election district.
    2. According to article 56 of the Constitution, on the election day, citizens of the Azerbaijan Republic who are 18 years old have the right to vote to elect a deputy in a single multi-mandate election district.
    3. Citizens of the Azerbaijan Republic who are 18 years old have the right to participate:
    • in determination of voting and election results;
    • in nomination of candidates;
    • in determination of lists of candidates;
    • in election campaign;
    • in observation of conduct of elections and election commission’s working processes;
    • in implementation of other election actions in accordance with the rules considered by this law and other laws.
    1. Citizens of the Azerbaijan Republic mentioned in article 85 of the Constitution can be elected to be a deputy of the Milli Majlis.
    2. Citizens of the Azerbaijan Republic who are, or live, outside of the territory of the Azerbaijan Republic have equal rights as other citizens of the Azerbaijan Republic during the elections.

Article 5. Determination of Elections to Milli Majlis

    1. According to articles 84.2 and 109.1 of the Constitution of the Azerbaijan Republic, a date of new elections is determined by the President of the Azerbaijan Republic. [The intent to hold] elections are announced at the latest 120 days prior to election day. The term of office of the newly elected Milli Majlis commences from the first day it meets.
    2. The Milli Majlis is considered to be elected from the date it is formed with authorised membership after the elections. A decision on the determination of elections is published officially by the mass media at the latest within five days after such a decision is made.

Article 6. Right to Nominate a Candidate for Deputy of the Milli Majlis

    1. Candidates for deputy of the Milli Majlis can be nominated by the voters of the relevant single-mandate election district or by themselves.
    2. Candidates and lists of candidates can be nominated by political parties and blocks of political parties. When using the terms "political parties" and "blocks of political parties" in this law, it means political parties and blocks of political parties which have been registered by the Central Election Commission (hereafter referred to as the Central Election Commission) for participating in the election to the Milli Majlis.

Article 7. Preparation and Conduct of Elections to the Milli Majlis by Election Commissions

    1. Election commissions make arrangements for the preparation and conduct of elections. [The election commission also] provides conditions for implementation and protection of citizens’ rights to elect and [determines] if the rights mentioned above are followed, within the powers defined by this law and other laws.
    2. Election commissions do not depend on state government and local self-government bodies in preparation and conduct of elections within the powers defined by this law and other laws. The abovementioned bodies and their officials are prohibited from interfering with the election commissions’ activities. Persons who interfere or influence the election commissions’ activity will have administrative or criminal accountability.
    3. Decisions and acts adopted by the election commissions within their powers defined by this law and other laws are compulsory for municipalities, candidates for deputy, registered candidates for deputy, political parties and blocks of political parties, officials and voters.
    4. During the preparation and conduct of elections, election commissions have the right to use state automated information systems to inform voters about the following within the powers defined by this law and other laws:
    • election preparation and conduct processes;
    • results of elections;
    • sources, collection, completeness [of information], updating [information], the transfer and security of information used during the preparation and conduct of elections;
    • providing election commissions with information.

Article 8. Right to Conduct Election Campaign

    1. The state ensures that the citizens of the Azerbaijan Republic and political parties can conduct a free election campaign in accordance with this law and other laws.
    2. Citizens of the Azerbaijan Republic and political parties have the right:
    • to conduct election campaigns in forms and through methods allowed by the law by calling people to participate in the elections;
    • to encourage people to vote for, or against, any candidate or list of candidates registered by the Central Election Commission.
    1. The state defines the conditions for equal use of the mass media for election campaign for:
    • registered candidates for deputy;
    • candidates from the registered list of candidates nominated by political parties and blocks of political parties.

Article 9. Financing Elections

    1. The preparation and conduct of elections are financed from the state budget.
    2. Candidates, registered candidates, political parties and blocks of political parties create special election funds for financing their election campaign.

Article 10. Transparency During the Preparation and Conduct of Elections

    1. The preparation and conduct of elections are held openly and transparently.
    2. All resolutions and other statutes on the preparation and conduct of elections adopted by the election commissions, state government bodies, and municipalities should be published, or citizens should be informed about these [resolutions and other statutes] by other means.

Article 11. Prohibition of Foreigners, Persons Without Citizenship or Foreign Legal Entities from Participating in the Elections

    1. Foreigners, persons who do not have citizenship, or foreign legal entities, and their branches and representations (hereafter referred to as legal entities) cannot assist or obstruct nomination of candidates, registration of candidates, or election of registered candidates.
    2. Foreigners, persons who do not have citizenship or foreign legal entities, who do not follow these requirements, will be accountable as defined by this law.

CHAPTER II
ELECTION DISTRICTS AND VOTING STATIONS

Article 12. Formation of Single-Mandate Election Districts

    1. 100 single-mandate election districts are created by the Central Election Commission on the basis of information prepared by the relevant executive authority together with municipal bodies and submitted to the Central Election Commission about the number of voters living and registered within the territory of the relevant election district.
    2. Voters who reside outside of the Azerbaijan Republic should be registered in a single-mandate election district. The relevant executive authority submits information on voters who permanently live outside of the Azerbaijan Republic or who are abroad for a business trip for a long-term period and who are registered by the relevant diplomatic representation and consular offices of the Azerbaijan Republic to the Central Election Commission. Based on this information, the Central Election Commission approves the list of single-mandate election districts for preparing the voters lists of abovementioned persons. The number of voters of a single-mandate election district, where voters who reside outside of the Azerbaijan Republic have been registered, must be less than the single representation norm of voters. The number of voters who live outside of the Azerbaijan Republic and who have been registered in a single-mandate election district must not exceed the number of voters registered by each single-mandate election district by more than 5%.
    3. Single-mandate election districts should be formed by following the requirements mentioned below:
      1. The number of voters registered in the single-mandate election districts should be approximately equal, with a condition not to exceed the average representation norm by more than 5%; in remote districts by not more (less) than 10%; within the borders of administrative territorial unit of the Azerbaijan Republic;
      2. it is prohibited to create a single-mandate election district in the administrative territorial units which do not have boundaries between them.
    4. The necessity of not crossing borders of municipalities should be taken into account when following the requirements on the creation of single-mandate election districts are mentioned in the 3rd paragraph of this article.
    5. The Central Election Commission should approve the plan for creation of single-mandate election districts and [create a map describing] based on information [about] the electorate at least 110 days prior to the election. The scheme of creation of single-mandate districts should contain the following:
      1. The name and number of each single-mandate district;
      2. The list of administrative-territorial units included in each single-mandate election district or list of municipalities in cities; districts; districts in the cities (if a single mandate district includes a part of the territory of this administrative territorial unit; municipality or settlement then borders of the administrative territorial unit; municipality and settlement, should be shown in the scheme. If one single-mandate election district is created within the territory of one administrative-territorial unit, then a list of municipalities within the same single-mandate election district is not included in the scheme of creation of a single-mandate election district);
      3. The centre of each single-mandate election district;
      4. The number of voters registered by each single-mandate election district, number of voters registered by each municipality which is included in the election district if more than one election district is created within an administrative-territorial unit;
      5. The number of voters registered in the single-mandate election district in accordance with the 2nd paragraph of this article recording the foreign countries where overseas voters reside.
    6. State automated information systems can be used when creating single-mandate election districts and defining their scheme.
    7. The scheme of single-mandate election district must be published at least 105 days prior to Election Day.

Article 13. Single Multi-Mandate Election District

    1. Single multi-mandate election districts, where deputies should be elected on the basis of the proportional number of votes cast in accordance with the list of candidates nominated by the political parties and block of political parties, cover all the territory of the Azerbaijan Republic.
    2. According to article 12.2. of this law, voters who have been registered in the single-mandate election district are considered to be registered in the single multi-mandate election district as well.

Article 14. Formation of Precincts

    1. Precincts are created for conduct of voting and for count of votes, taking into account the number of voters registered within the territory of a municipality.
    2. Precincts are created at least 50 days prior to election day by the relevant Territorial Election Commissions, with the agreement of the heads of relevant executive authority and of the municipality, taking into account creating the maximum convenience for voters, local and other situations.
    3. Precincts are established in accordance with the following:
      1. not more than 1500 voters should be registered within each precinct;
      2. borders of precincts must not extend beyond the borders of an election district.
    4. Precincts are formed in accordance with the rules defined by the Central Election Commission in the places where voters are temporarily located (hospitals, sanatoriums, rest homes etc.); in remote districts; on ships which sail on election day within the period considered by article 2 of this law; in exceptional cases defined by the Central Election Commission, at least five days prior to election day. Such precincts are included in the single-mandate election district within the territory of which they are located or where the ship is registered.
    5. Military officers vote in the regular precincts. Only in exceptional cases defined by the Central Election Commission can precincts be established in the military units, which are outside of the settlement. Rules for transporting citizens of the Azerbaijan Republic, who are in a real military service, are defined by the Central Election Commission. In such cases, precincts are established within the period considered by the 2nd paragraph of this article, in exceptional cases five days prior to the election day in accordance with the decision of the relevant Territorial Election Commission by the commanders of the military units. All members of the precinct or superior election commissions, registered candidates and their representatives, authorised representatives of political parties and blocks of political parties and observers should have free access to the working rooms of the election commissions and voting rooms.
    6. Precincts for the organization of voting by out of country voters and for those vote counts are created by the head of diplomatic representation or by the head of the consular office of the Azerbaijan Republic within the territories where voters live, at least 30 days prior to the election day. In such cases, requirements of the article 3.1. of this law are used for determination of the number of voters registered.
    7. Lists of precincts, with numbers and borders shown (if a precinct covers a part of a settlement populated); lists of settlements (if a precinct is established in several settlements); information about the location of Precinct Election Commission and voting rooms and telephone numbers of the Precinct Election Commissions are published by the Territorial Election Commissions at least 45 days prior to election day. Information about precincts established within the period mentioned by the 4th and 5th paragraphs of this article are published at latest within two days after they have been established.
    8. Issues on publishing the information on precincts (mentioned in paragraph 7 of this article) established outside of the Azerbaijan Republic are solved by the diplomatic representation or head of the consular office of the Azerbaijan Republic, taking into account local situations.

CHAPTER III
VOTERS LISTS

Article 15. Compilation of Voters Lists

    1. A relevant Precinct Election Commission approves lists of voters for a precinct in accordance with the format defined by the Central Election Commission at least 35 days prior to Election Day.
    2. Voters lists include information on voters provided by the relevant executive authorities, heads of the municipalities, commander of a military units as well as by a heads of the offices where voters are located temporarily.
    3. Voters lists of the precincts established in remote districts are approved by the Precinct Election Commission on the basis of information on voters provided by the relevant executive authority or head of the municipality at least 25 days prior to election day--in exceptional cases two days after the Precinct Election Commission has been formed.
    4. Voters lists (military persons within a military unit, military persons’ family members who live within the territory of the military unit and other voters) for the precincts established within the territories of the military units are approved by the Precinct Election Commission on the basis of information on voters provided by the commanders of military units at least twenty five days prior to election day.
    5. Lists of voters located temporarily in sanatoriums, hospitals, rest homes and other places, or on a ship which sails on election day are approved by the relevant Precinct Election Commission on the basis of information on voters provided by the heads of the offices where voters are located temporarily, or by the captain of the ship, at least five days prior to election day.
    6. The voters list for an election precinct created outside of the Azerbaijan Republic is approved by the relevant Precinct Election Commission on the basis of information on voters provided by the diplomatic representation or head of the consular office of the Azerbaijan Republic, at least twenty five days prior to election day.
    7. Officials mentioned in paragraphs 2-6 of this current article collect and correct information on voters in accordance with the rules defined by the Central Election Commission and then submit this information to the Precinct Election Commission at least 35 days prior to election day, if no other rule is mentioned in this law.
    8. The voters lists are prepared in two copies. Information on the voters who have been included in the voters lists should be alphabetical or in other order (according to settlements, streets, buildings, apartments etc.). The voters list contains the voter’s first name, surname, father’s name, year of birth (for voters 18 years old – date and month of birth), permanent address or address of a place where he/she mostly lives.
    9. State automated information systems can be used when preparing the voters list. The voters lists are typed by typing machine; only in exceptional cases defined by the Central Election Commission, they are written by hand.
    10. The first copy of the voters list prepared in accordance with the paragraph 2 of current article is preserved by the Precinct Election Commission. The second copy is transferred to the Territorial Election Commission at least 25 days prior to Election Day and it is used in accordance with the rules defined by the Central Election Commission. The voters list for the election district is verified (with signature and stamp) by the chairperson and secretary of the Territorial Election Commission.
    11. The voters list for the election precincts created in accordance with article 14.4. -14.6 is verified with signatures of the chairperson and secretary of the Precinct Election Commission and with a stamp of the commission.
    12. The Precinct Election Commissions, after they approve the voters lists, examine and consider the changes to be made on the voters list from the requests of voters or changes necessary to be made, in accordance with the article 17 of this law, as well as on the basis of relevant documents provided by the officials, municipalities, marriage registration office, and bodies which register citizens’ addresses and living places.
    13. A person who provides information on voters is responsible for the accuracy, completeness and timely provision, in accordance with the rules defined by the legislation.

Article 16. Rules for Citizens’ Inclusion In and Exclusion from Voters List

    1. All citizens of the Azerbaijan Republic who are eligible to vote are included in the voters list.
    2. The residence of a voter, or the fact that a voter is residing permanently or mostly within the territory of the relevant election precinct, defined by the body which registers residence is sufficient basis for including the voter on the voters list for that precinct.
    3. Military officers who reside outside of the military unit are included in the voters list for their district of residence on a common basis. The basis for inclusion of military officers in a military unit, in addition to their families and other voters who reside within the territory of the military unit, in the voters list, is based on their permanently or mostly residing (in the military unit), as defined by the bodies which register the citizens of the Azerbaijan Republic in accordance with their place of residence, or by order of the commander of a military unit on inclusion of military person in the military staff.
    4. The fact that a person is residing outside the Azerbaijan Republic permanently or mostly; or the fact that a voter is on a long-term business trip abroad, as determined by the diplomatic representation or head of the consular office of the Azerbaijan Republic, is the basis for including overseas voters, or those who are on a long-term business trip, on the voters list.
    5. Voters who are in hospitals, sanatoriums, rest homes and other temporary places are included on the voters list on the basis of a de-registration card for voting and an ID or other substitute document.

16.6. Citizens of the Azerbaijan Republic who are eligible to vote and who are abroad due to an invitation, business or official trip or tourism, are included on the voters list on the basis of their ID or a substitute document and de-registration card for voting, which they submit when coming to the election commission room.

    1. Voters who reside within the territory of the election precinct or voters who have not been included on the voters list for any reason, after the voters list has been submitted for public display, are included on the voters list by the Precinct Election Commission on the basis of an ID or other substitute document. If necessary, other documents which confirm that the voter lives mainly within the territory of that election precinct may be required.
    2. A voter can be included in the voters list for one precinct only.
    3. A voter can be excluded from the voters list on the basis of official documents, as well as of a de-registration card for voting provided to the voter for voting in accordance with the rules defined by this law, after voters lists are approved. In such cases, the date and reason for exclusion of voters from the voters list should be recorded in the voters list. This fact is verified (with signature) by the chairperson and secretaries of the Precinct Election Commission. When issuing a de-registration card for voting, it should be verified (with signature) by the commission members who have issued it.
    4. It is prohibited to make any changes to the voters list after voting has finished.

Article 17. Public Display of Voters Lists

    1. The Precinct Election Commission submits the voters list for public display or for verification, by informing the voters, at least twenty-five days prior to Election Day. It creates convenient conditions for this. The voter’s list must be displayed outside the voting room, on boards, in a convenient place for voters to have access to it.
    2. A citizen of the Azerbaijan Republic who is eligible to vote has the right to inform the relevant election commission if he/she is not included in the voters list, and about errors or mistakes he/she has found in the voters list. The Precinct Election Commission must check the information provided within one day from when it is received; on Election Day – immediately. Before the termination of voting, the Precinct Election Commission must examine the appeal and documents presented, correct errors and mistakes or must provide a written rejection of the appeal for revision (with reasons) to the voter.
    3. A complaint about a decision of the Precinct Election Commission on citizens’ inclusion in, or exclusion from, the voters list can be filed with the superior election commission or to the court within the territory of which the Precinct Election Commission is located. Such complaints should be investigated within three days. [However] complaints must be solved immediately if:
  • there are only three days remaining to the Election Day, or
  • the complaint is filed on the Election Day

If the decision is in favour of the claimant’s application, this decision must be implemented immediately by the Precinct Election Commission. The court has the final decision.

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:
    • assist the election commissions in the election processes;
    • provide them with necessary compartments at no charge;
    • organize their protection;
    • protect ballot papers, de-registration cards for voting and other election documents;
    • provide the election commissions with transport and communication, equipment, information and materials;
    • answer their requests within five days; if there are less than five days left to the Election Day prior to Election Day, immediately on the Election Day.

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:

    • provide the election commissions with necessary information and materials;
    • answer the requests of the election commission within five days; if there are less than five days left to the Election Day - prior to Election Day, immediately - on the Election Day.

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:
    • elected members or officials of executive authorities of state or municipalities;
    • judges, prosecutors;
    • candidates for deputy;
    • registered candidates;
    • authorised representatives or agents of registered candidates, political parties and blocks of political parties;
    • election commission members with a consultative voting right;
    • direct dependants of candidates to deputy or registered candidates;
    • close relatives of abovementioned persons;
    • spouses of above mentioned persons or close relatives of their spouses (children, parents, adopted children, brothers, sisters, grandchildren, grandfathers, and grandmothers).
    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:
    • to issue ballot papers and de-registration card for voting;
    • to count ballot papers;
    • to cancel ballot papers and de-registration card for voting;
    • to complete protocols on results and returns of elections;
    • to vote while making a decision on the issues which are within the powers of the election commission;
    • to sign a decision of a relevant election commission.
    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:
    • a registered candidate who appointed him/her has been elected or;
    • candidates nominated by political parties and blocks of political parties participate in distribution of deputy mandates.

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:
    • to be present in the meetings of any election commission as well as during the count of votes;
    • to be present during all relevant operations-- processing ballot papers, voters lists, de-registration cards for voting, protocols on voting results, protocols on election results in the Precinct and Territorial Election Commissions and to become familiarized with the documents mentioned above;
    • to obtain copies of the decisions of the Territorial and Precinct Election Commissions and other election documents (except copies of voters lists, de-registration cards for voting, ballot papers, signature papers);
    • to observe other election processes.

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:
    • superior election commissions;
    • each candidate registered for single-mandate election district and authorised representatives;
    • agents of political parties and blocks of political parties, which have registered their candidates.
    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:
    • biographies of registered candidates;
    • results of registrations;
    • list of candidates;
    • other information about the candidates received by the election commissions;
    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:
  • majority of votes of at least six members if a meeting is attended by nine or eight members;
  • majority of votes of at least five members if a meeting is attended by seven members;
  • majority of votes of at least four members if a meeting is attended by six members.

Decisions of the Precinct Election Commission are adopted with:

  • majority of votes of at least four members if a meeting is attended by six or five members;
  • majority of votes of at least three members if a meeting is attended by four members.
    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.

CHAPTER V
BASIS FOR PARTICIPATIN OF POLITICAL PARTIES AND BLOCKS OF POLITICAL PARTIES IN ELECTIONS

Article 29. Participation of Political parties in Elections

    1. A political party which is established in accordance with the legislation of the Azerbaijan Republic, which has obtained a defined certificate confirming its registration by a relevant executive authority at least six months prior to the announcement of election day, and which intends to participate in the elections will be registered by the Central Election Commission.
    1. The political party must be registered within three days starting from the day a political party submits its decision on participation in the elections to the Central Election Commission.
    2. A document on registration of a political party is presented to an authorised representative who represents a political party and whom has an approved power of attorney in accordance with the rules defined by legislation.

Article 30. Block of Political Parties

    1. At least two political parties which have been registered in accordance with the article 29 of this law can create a block of political parties. A political party, which is a member of a block of political parties, cannot function as an independent political party during the period of conduct of elections or it cannot join another block of political parties. A decision on joining the block of political parties is adopted in accordance with the charter of each political party, which intends to join the block. After adoption of a relevant decision authorised representatives of each political party sign joint decisions on establishment of blocks.
    2. An authorised representative of a political party submits the following documents to the Central Election Commission for registration:
      1. copies of charters of political parties, verified by the notary office, which are entering the block;
      2. decisions of political parties on joining the block of political parties;
      3. a joint decision on establishment of a block signed by the authorised representatives of political parties and verified by the stamp of these parties.
    3. The registration of a block of political parties should be completed at latest within five days starting from the day they submit relevant documents to the Central Election Commission. A single list of candidates nominated for the single multi-mandate election district can be submitted together with the abovementioned documents within the period of time mentioned above.
    4. The block of political parties can be refused registration if the following requirements are not met:
    • documents mentioned in the paragraph 2 of this article are not prepared correctly or are not complete;
    • political parties which intend to join block of political parties do not meet the requirements of article 29 of this law.
    1. No other political party can be included in the block of political parties after the latter has been registered by the Central Election Commission.

Article 31. Name and Emblem of Block of Political Parties

    1. Block of political parties informs the Central Election Commission about its full and abbreviated name.
    2. The name of a block of political party is defined in the meeting of representatives of the political parties joined in that block. The name of a political party which is not included in that block (regardless of whether it participates in the elections) and the names of other blocks of political parties which have participated in previous elections cannot be used. If a new registered block of political parties doesn’t include a majority of political parties, which were included during previous elections, a newly established block of political parties cannot be named by its previous name. Name and surname of a physical entity can be used by the block of political parties only after the physical entity indicates in writing its consent.
    3. A block of political parties can submit its emblem to the Central Election Commission together with its single list of candidates for registration. A block of political parties can submit a registered emblem of any political party included in it or other emblem except the same emblems used for previous elections or being used for current elections by other blocks of political parties and political parties (taking into account 2nd paragraph of this article). Emblems of block of political parties must not breach patent rights, trademark rights; insult state emblems of the Azerbaijan Republic and other countries, religious emblems; violate common moral norms. The block of political parties must come to an agreement with the Central Election Commission about their name, which should not be more than five words, and [agree about an] emblem in the election documents.
    4. It is not allowed to change the names and emblems of blocks of political parties during the election processes.

Article 32. Authorised Representatives of Political Parties and Blocks of Political Parties

    1. Political parties and blocks of political parties appoint their authorised representatives for participation in elections, as well as for financial issues, in accordance with this law.
    2. The authorised representatives are appointed by a decision of a joint meeting of representatives of political parties or political parties, which are included in the block, or their congress, conference, or a meeting of a managing body.
    3. The authorised representative of a political party and blocks of political parties implements his/her functions on the basis of a document containing the following:
    • his/her powers;
    • his/her name, surname, father’s name, date of birth;
    • the batch and serial number of his/her identification document (or substitute document);
    • his/her living place;
    • his/her working place;
    • his/her occupation or position (if he/she does not have them – type of activity).

The authorised representative on financial issues implements his/her functions on the basis of decision mentioned in the 2nd paragraph of this article containing the following:

    • samples of financial documents;
    • samples of stamps for financial documents.
    1. The list of authorised representatives appointed by the political parties and blocks of political parties should be submitted to the Central Election Commission. The list of other authorised representatives is submitted to the Territorial Election Commissions, as well, except for the list of authorised representatives on finance of political parties and blocks of political parties. The list of authorised representatives of political parties and block of political parties should contain the following information upon each representative:
    • name, surname, father’s name, birth date;
    • the batch and serial number of their identification document (or substitute document), date of its issue;
    • address;
    • main working place and position (type of activity – in case if they don’t have them);
    • telephone number.

A written consent of each authorised representative should be attached to the relevant list, which will be submitted to the Central Election Commission.

    1. Political party and blocks of political party can terminate powers of authorised representative with a decision of authorised body of block of political parties or political parties, informing him/her about this in writing. Copy of decision on this should be transferred to the Central Election Commission and Territorial Election Commission.
    2. The authorised representatives of political parties, block of political parties who still work for government or municipal bodies cannot abuse their powers and positions or occupations during election processes.
    3. Term of office of the authorised representatives of political parties, block of political parties commences from the day they are appointed and ends by the finish of status of all candidates, list of candidates nominated by voters associations, and voters blocks; not later than general results of elections are officially published.

Article 33. Participation of Political Parties and Blocks of Political Parties in the Elections

    1. Political parties and blocks of political parties participate in the elections to Milli Majlis in accordance with the rules defined by this law and on equal basis.

CHAPTER VI.
NOMINATION OF CANDIDATES FOR DEPUTY OF MILLI MAJLIS AND THEIR REGISTRATION

Article 34. Direct Nomination of Candidates by Voters

    1. 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.
    2. Nomination of candidates commences after the plan of approved single-mandate election districts is published.
    3. Candidates are nominated for single-mandate election districts for repeated elections after a decision on determination of these elections have been officially published.
    4. Candidates for a single-mandate election districts for additional elections are nominated after the period mentioned in paragraph 3 of the current article.
    5. 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.
    1. 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.
    2. A candidate nominated by the voters can give his/her consent to be nominated for only one single-mandate election district.
    3. 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.
    4. 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.
    5. 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

    1. 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.
    2. Political party and block of political parties cannot nominate more than one candidate for a single-mandate election district.
    3. 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.
    4. 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.
    5. 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.
    6. 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:
      1. number of persons registered for participation in the meeting (congress, conference, meeting of management);
      2. required number of participants for adoption of a decision considered by the agreement on the creation of a block of political parties;
      3. 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);
      4. date of adoption of a decision.
    7. 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.
    8. 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.
    9. 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

    1. 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.
    2. 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.
    3. 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.
    4. 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:

      1. number of registered participants of the meeting (congress, conference);
      2. required number of participants for adoption of decision, according to agreement on establishment of block of political parties and charter of political parties;
      3. a decision on nominating a candidate and results of voting on this decision (a single list of candidates should be attached);
      4. date of adoption of a decision.
    1. 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.
    2. 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.
    3. Rules for recording candidates in the single list are defined by political parties and by the block of political parties.
    4. 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.
    5. 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

    1. 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.

    1. An authorised representative of political party submits the following documents together with the lists of candidates:
      1. copy of certificate on registration of political party verified by the notary office;
      2. copy of charter (in force) of political party verified by the notary office;
      3. decision of political party (adopted at its conference) on nominating candidates and minutes of that meeting;
      4. powers of attorney of authorised representatives of political party issued in accordance with the rules of this law.
    2. Authorised representative of block of political parties submits the following documents to the Central Election Commission:
      1. decisions of political parties included in block of political parties on nomination of candidates (adopted at their conferences) and minutes of relevant meetings;
      2. 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;
      3. powers of attorney of authorised representatives of block of political parties issued in accordance with requirements of this law.
    3. 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.

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    1. 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.

    1. 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

    1. 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.
    2. The following actions are considered by this law as an abuse of position and occupation:
      1. 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;
      2. 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;
      3. to use communication, information and telephone services of state bodies, organizations or municipalities for collecting signatures and for election campaigning;
      4. 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");
      5. to engage state or municipal officials to collect signatures or to conduct election campaign during their business trips;
      6. to use mass media mentioned in article 52.1. of this law for collecting signatures or for election campaigning with privileged conditions.
    3. 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

    1. 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.
    2. 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.
    3. 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.
    4. 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

    1. 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.
    2. 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.
    3. 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.
    4. Signature sheets should be prepared in the format shown in "Annexes 1 and 2" of this law.
    5. 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.
    6. 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

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. 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.
    11. 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.
    12. 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

    1. 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:
      1. signature sheets, which include voters signatures in support of candidates;
      2. two copies of protocols on results of collecting signatures prepared in a format defined by the Central Election Commission;
      3. 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;
      4. information on the amount and sources of candidate’s income;
      5. information on the candidate’s property on the basis of right to property;
      6. candidate’s initial financial record (including information on funds spent for organization of collection of voters signatures).
    2. 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:
      1. signature papers, which include voters signatures in support of a single list of candidates;
      2. two copies of protocols on results of collecting signatures prepared in a format defined by the Central Election Commission;
      3. 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;
      4. information on amount and sources of income of each candidate;
      5. information on property of each candidate, on the basis of right to property;
      6. initial financial account of political party and block of political parties (including information on funds spent for organization of collection of voters’ signatures).
    3. 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.
    4. 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.
    5. 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

    1. 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.
    2. 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.
    3. 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.

    1. 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.
    2. Accuracy or incorrectness of voters’ signatures can be approved due to results of investigation.
    3. 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.
    4. If a signature of one person appears several times while checking them, only one signature is considered valid, others are considered incorrect.
    5. The following signatures are incorrect:
      1. 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;
      2. 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;
      3. signatures of voters who did not record information required by this law;
      4. signatures considered invalid in accordance with 41.1 and 41.4 of this law;
      5. signatures recorded by one person on behalf of several voters;
      6. signatures which are not recorded in writing or recorded by pencil;
      7. if dates of signatures have been changed; these changes are considered correct if persons who approved the signature sheets verify them;
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. 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.
    11. 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.
    12. If number of signatures is less than required number, after invalid signatures have been removed, candidate and single list of candidates are not registered.
    13. 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

    1. 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.
    2. 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.
    1. 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.
    2. 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:
      1. violation of rules for collecting signatures defined by this law;
      2. if documents mentioned in the articles 34, 37 and 42 of this law are not prepared correctly or they do not exist;
      3. 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;
      4. 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);
      5. 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;
      6. 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;
      7. other reasons considered by this law.
    3. 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.
    4. 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).
    5. 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.
    6. 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.
    7. 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.

 

CHAPTER VII
STATUS OF REGISTERED CANDIDATES

Article 45. Equality of Registered Candidates

    1. All registered candidates have equal rights and responsibilities, except the cases defined by this and other laws.
    2. Registered candidates who are state or municipal officials or persons who work with mass media on the basis of a labour or civil contract are released from their employment during their participation in the elections. They submit a copy of the approved order (decision) to the relevant election commission at latest within three days from the day of registration. They are prohibited to abuse their positions of authority to gain privileges.
    3. Registered candidates who occupy positions defined by the relevant executive authority and who implement their functions during the election campaigning as well as candidates who are elected municipal officials, cannot abuse their positions of authority to gain privileges.
    4. Cases of violations of equality principles regarding abuse of occupation and position are determined by article 38.2. of this law.
    5. Registered candidates who occupy state positions defined by the relevant executive authority or who are elected municipal officials have the right to conduct election campaigns only when they finish performing their duties. These rules do not concern free usage of TV and radio programs by the registered candidate in accordance with article 53 of this law.
    6. Officials, TV or mass media journalists or other creative persons who are registered candidates or authorised representatives or agents of registered candidates, candidates, political parties and block of political parties are prohibited from participating in reporting election processes by the mass media.
    7. To follow prohibitions defined by this law should not obstruct deputies or municipal members from performing their powers and duties before the voters.
    8. The following persons cannot conduct charitable activities during the election processes:
    • registered candidates, political parties, block of political parties;
    • political parties included in the block of political parties which have nominated a single list of registered candidates or registered candidates for a single-mandate election district;
    • political party and block of political parties which have their list of candidates registered, or which have nominated registered candidates for a single-mandate election district; their authorised representatives or agents;
    • organizations which are founders, owners, members or employees of abovementioned persons;
    • other physical and legal entities who function due to instructions of abovementioned persons and organizations.

The abovementioned persons and organizations are prohibited to appeal to the voters with an offer to render material and financial assistance or other services. Physical and legal entities are prohibited from conducting charitable activity on behalf of candidates, registered candidates, political party and block of political parties and their authorised representatives and agents.

Article 46. Insurance of Registered Candidate’s Activity

    1. Management of the relevant organizations where the registered candidates are working, studying, serving or commander of military unit where they are serving must release the candidates for the period mentioned in their reports, effective from the date of their registration until the date of the official announcement of the results of the election. During the period of release from his/her employment, the relevant election commission should allocate payment for candidates in amount of their average monthly salary (wages) from the budget allocated for preparation and conduct of elections. This payment should not exceed the amount of twenty times the minimum salary defined by legislation. Registered candidates are paid compensation for the period they are released from employment on the basis of the document which proves their unpaid leave from their working (studying) or servicing place.
    2. Transport and public transport tickets within the territory of the relevant election district as well as between towns are paid to the candidate registered for a single-mandate election district. If one town covers several election districts and if candidate is registered from one of these areas, the registered candidate is paid for his/her travels within the town. If a registered candidate lives outside of the election district he/she has been nominated for, he/she is paid for four round trips by train and car, and two round trips by plane. Expenses of the candidate registered for a single-mandate election district are paid by the relevant Territorial Election Commissions from the budget allocated for preparation and conduct of elections. A candidate included in the registered single list of candidates is paid for two round trips by public transport and plane within the territory of the Azerbaijan Republic. These expenditures are paid from the budget allocated for the Central Election Commission.
    3. Travel expenditures of the registered candidates are paid effective from the date of their registration and until the date of the official announcement of the results of the elections. Expenses for taxis and unscheduled transport services are not paid. Expenditures for travels within the town and outside of the town are paid if tickets for that travel are submitted.
    4. Within the period mentioned in 1st paragraph of this article, a registered candidate cannot:
    • be dismissed from his/her job, service, educational institution on the initiative of his/her employer, or transferred to another job (to study or serve in other place) or position without his/her own agreement;
    • be sent on business trips;
    • be conscripted to military service or military courses of instructions.

The period during which a candidate is participating in the election starting from the day of registration is included in his/her years of professional service.

    1. Within the period mentioned in the paragraph 1 of this article, a registered candidate cannot be indicted for a crime or be arrested without permission of the court, be subjected to administrative penalties without the permission of the general prosecutor of the Azerbaijan Republic, after he/she has been registered as a candidate. If the prosecutor approves the above, the General Prosecutor or the court must inform the Election Commission, where the candidate has been registered, about it immediately.
    2. Candidates registered for single-mandate election district, political party and block of political parties which have the single list of candidates registered, or their authorised representatives, can obtain information about the territory of the relevant Territorial Election Commission, its address, telephone, as well as about lists of voting stations, Precinct Election Commissions and addresses of voting stations.

Article 47. Agents of Registered Candidates, Political parties and block of political parties

    1. Each candidate registered for a single-mandate election district has the right to have three agents, political party and block of political parties which have a registered single list of candidates, have the right to have thirty agents. The relevant Territorial Election Commission or the Central Election Commission registers the abovementioned persons. Agents should be registered within three days from the day of receipt of document about appointment of agents by the political party and block of political parties or of a candidate and agents written consent. An application should contain the following information about the agent:
    • name, surname, father’s name;
    • date of birth;
    • working or serving place;
    • occupation (type of activity);
    • address;
    • batch and serial number, date of issue of the identification document or a substitute document.
    1. Agents receive cards from the relevant election commissions. Agents’ employers must provide them with unpaid leave at the request of agents, within the period mentioned in article 46.1.
    2. Agents conduct campaigning or other actions in assisting the candidate or single list of candidates to be elected. Agents have the right to observe.
    3. Registered candidates, political parties and block of political parties have the right to withdraw authorization of their agents and to appoint new ones to replace them informing election commissions about this. In such cases, the election commission cancels the card given to those agents. An agent has the right to withdraw his/her authorization on his/her own initiative and return the relevant card to the election commission informing registered candidates, political parties and block of political parties about this.
    4. Authorization of agents, commences from the day of their registration by the relevant election commission and finishes:
    • not later than the date of the official publication of the results of the election;
    • not later than the final decision of the court is adopted, if an investigation is being conducted about the violation of this law;
    • if all candidates they represent lose their status, except the cases mentioned in the paragraph 4 of this article.

Article 48. Refusal from Candidate’s Status

    1. A candidate nominated for a single-mandate election district can withdraw his/her application on his/her consent to be a candidate any time, informing the relevant election commission about this. This written information cannot be withdrawn.
    2. A candidate registered for a single-mandate election district can submit an application to the relevant election commission and withdraw his/her candidacy at least three days prior to Election Day. Such an application cannot be withdrawn. The Territorial Election Commission makes a decision on canceling candidate’s registration within one day based on the application received. If a registered candidate withdraws his/her candidacy without compelling excuse, he/she must return funds given to him/her from the budget by the Territorial Election Commission.
    3. Candidates who have been included in the registered single list of candidates can apply to the Central Election Commission in writing and refuse to participate in the elections at least five days prior to Election Day. This application cannot be withdrawn. Based on the application received, the Central Election Commission removes the candidate, registered candidate from the relevant list of candidates within a day.
    4. Persons who have performed actions mentioned in paragraphs 1-3 of this article may re-nominate their candidacy for any single-mandate election district, in accordance with rules and period considered by this law.
    5. A political party, block of political party, which have nominated a single list of candidates can apply to the Central Election Commission in writing and withdraw the single list of candidates at least five days prior to election day, with a decision of the body which has nominated it.
    6. A political party included in the block of political parties can apply to the Central Election Commission and refuse to participate in the elections as a member of a relevant voters block, at least five days prior to election day, based on the decision of authorised body of political party, in accordance with the rules defined by this law. A political party which has refused to participate in the election as a member of a relevant block of political parties can participate in the elections as an independent political party or can join another block of political parties. If all political parties (except one) refuse to participate in the elections after the Central Election Commission approves the single list of candidates nominated by block of political parties, the remaining political party can participate in the elections as a block of political parties, keeping its name and emblem. This rule does not concern the cases of refusal or cancellation of registration of the single list of candidates, according to paragraph 11 of this article.
    7. If a block of political parties refuses to participate in the elections, it does not mean that political parties included in that block cannot participate either; the followings are required for this:
    • repeated nomination of candidates, in accordance with this law and
    • other required election actions.
    1. A political party, in accordance with its charter, and block of political parties, in accordance with a decision of authorised representatives of political parties, which are included in that blocks, can withdraw some candidates from the single list of candidates registered by the Central Election Commission, any time, at least five days prior to election day.
    2. A political party, according to its charter and block of political parties, according to the decision of authorised representatives of political parties included in the block, have the right to apply to the relevant Territorial Election Commission in writing and to withdraw candidates nominated for a single-mandate election district and registered candidates at least five days prior to election day. If candidacy of a candidate has been withdrawn, the Territorial Election Commission ensures reimbursement of all expenses given to the candidate nominated by political parties, block of political parties from the state budget.
    3. The election commission, which makes a decision on refusal of a candidate’s registration immediately, informs persons to whom this decision concerns about it and submits a copy of this decision to them.
    4. If the number of candidates withdrawn from the single list of candidates in accordance with the candidate’s application or political parties and block of political parties decision, is more than 25% of total number of candidates appeared in the approved list of candidates, or if one of the first three or more candidates have been removed from the list, the Central Election Commission refuses to register the single list of candidates or cancels its registration (except the cases mentioned in paragraph 16 of this article).
    5. Other persons can be added to the list or order of candidates’ names can be changed, as well as actions considered by the article 35.8. of this law can be performed after some candidates have been removed from the list. Changes made in accordance with this law, charter of political party, agreement on creation of block of political parties cannot be the basis for refusal of registration of single list of candidates or for canceling it.
    6. The Central Election Commission takes back funds given to political party and block of political parties when they withdraw their single lists of candidates due to paragraph 5 of this article without compelling reasons, or when the single list of candidates is canceled in accordance with paragraph 11 of this article.
    7. An election is postponed for not more than two months in a single-mandate election district, and for not more than three months in a single multi-mandate election district for implementing election processes and for nominating candidates as defined by article 5 of this law in the following cases:
    • if no registered candidates remain up to election day or if only one registered candidate remains up to election day;
    • if no registered single lists of candidates remain for multi-mandate election district or if only one registered single list of candidates remains.
    1. The relevant election commission takes back all funds spent by candidates, political party and block of political parties for preparation and conduct of elections, when circumstances mentioned in paragraph 14 of this article happen due to following;
    • if a registered candidate withdraws his/her candidacy;
    • if political parties or block of political parties withdraw their registered candidate (without compelling excuse);
    • if registration of a candidate has been canceled according to paragraphs 3 and 5 of article 84 of this law;
    • if political party and block of political parties withdraw their registered single list of candidates without compelling reasons;
    • if single list of candidates has been canceled according to paragraph 11 of this article.

If a block of political parties has to return the expenses, funds are equally distributed among political parties which are included in the relevant block of political parties.

    1. By "compelling reasons to withdraw candidacy", or "compelling reasons for political party and block of political parties to withdraw their registered candidate", this law considers the following:
    • if a registered candidate has been found mentally incapacitated by the court;
    • if a registered candidate is seriously ill;
    • if a registered candidate is not healthy.

By "compelling reasons for political party and block of political parties to withdraw their registered single list of candidates", this law considers:

    • if the first three candidates appeared in the list of candidates died or are considered dead;
    • if more than 25% of candidates have been removed from the list of candidates due to these reasons.

CHAPTER VIII.
ELECTION CAMPAIGN

Article 49. Conduct of Election Campaign

    1. The election campaign can be conducted by:
      1. mass media;
      2. conducting pre-election mass activities (gatherings, meetings with citizens, mass discussions and talks);
      3. producing and distributing printed materials, audio-visual and other campaign materials;
      4. other forms not prohibited by the law.
    2. 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.

    1. The following are prohibited from conducting election campaign, from distributing and publicizing election campaign materials:
      1. state bodies and municipalities;
      2. state and municipal officials, state and municipal employees, military persons (abusing their positions and privileges while performing their duties);
      3. military units, military enterprises and organizations;
      4. charity and religious organizations, or organizations established by them;
      5. election commissions, members of election commissions with decisive voting right.

Article 50. Period of Election Campaigning

    1. 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.
    2. 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

    1. 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.
    1. 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

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. Political parties and block of political parties define forms of usage of airtime on TV and radio and periodicals for election campaigning independently.
    6. 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.
    7. 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.
    8. 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

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. 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.
    11. 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.
    12. 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.
    13. 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.
    14. 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.
    15. 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.
    16. 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.
    17. Contract on allocating paid airtime should include the following:
      1. methods of election campaigning;
      2. time and date of airtime;
      3. period of airtime provided, its payment terms and its amount;
      4. 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.

    1. 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.
    2. Expenses for airtime are paid from the election funds of registered candidate, political parties, block of political parties.
    3. 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.
    4. Election campaigning materials of registered candidates; political parties and block of political parties cannot be interrupted by advertisements for goods, works and other services.
    5. 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.
    6. 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.
    7. 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

    1. 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.
    2. 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.
    3. Periodicals mentioned in article 52.1 of this law allocate free space for election campaigning.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. 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.
    11. 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.
    12. 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.
    13. 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.
    14. 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.
    15. Expenses for space allocated by the periodicals are paid from the candidates’, political parties’, block of political parties’ election funds.
    16. 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.
    17. 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.
    18. 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.
    19. 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

    1. State bodies and municipalities must assist the registered candidates, political parties and block of political parties in organizing meetings with citizens, open debates, meetings.
    2. 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.
    3. 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.
    4. 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.
    5. Cultural buildings and equipment registered by the government cannot be used for election campaign.
    6. 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.
    7. 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

    1. 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.
    2. 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.
    3. 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.
    1. 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.
    2. It is prohibited to distribute election campaign materials violating rules defined by paragraphs 3 and 4 of this article.
    3. 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.
    4. 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.
    5. 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.
    6. 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

    1. 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.
    2. 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.

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.

CHAPTER IX.
FINANCING THE ELECTIONS

Article 58. Financing Preparation and Conduct of Elections

    1. Preparation and conduct of the elections, and the activities of election commissions during their term of office, are financed from the state budget. Expenses mentioned above are considered by the state budget in accordance with the budget division of the Azerbaijan Republic.
    2. Funding allocated for the elections is transferred to the bank account of the Central Election Commission within ten days after the Election Day is officially announced.
    3. If the budget has not allocated required amount of money for preparation and conduct of elections or money was not transferred in time or completely, the Central Election Commission has the right to declare tender to loan. In such cases, the total amount of money required for the preparation and conduct of elections cannot be more than the total amount of money required for previous elections up to the Election Day is officially announced. The relevant executive authority must undertake to return the loan (including interest) within at latest ten days after the Central Election Commission makes a request. The state budget returns loans mentioned above and pays interests. Amount of covering such loans is approved annually according to the law on state budget.
    4. The Central Election Commission transfers funds required for preparation and conduct of elections to the Territorial Election Commissions at least 90 days prior to Election Day, and the TECs distribute them among the Precinct Election Commissions 10 days prior to Election Day. In case of additional elections, or if funds have not been transferred in time and completely, the election commission distributes and transfers funds on their receipt.
    5. Chairpersons of election commissions give instructions on how to use this allocated money for participation and conduct of election and they are responsible for ensuring that financial records correspond with the decisions of election commissions and for submission of financial records on expenses, according to the rules and period defined by this law.
    6. Unused state funds of the election commissions should be transferred to the account of the Central Election Commission within at latest 60 days after the election day for the purposes defined by this law and should remain in this account. Unused loans are returned to the relevant banks, which allocated them, by the Central Election Commission at least within three months after final results of elections are announced officially.

Article 59. Election Funds of Candidates, Registered Candidates, Political Parties and Blocks of Political Parties

    1. A candidate nominated for a single-mandate election district, political parties, and blocks of political parties, which have nominated a single list of candidates, are to create specific election funds. Candidates are included in the single list of candidates, political parties and blocks of political parties, which have nominated candidates only for a single-mandate election district, do not create specific election funds.
    2. Election funds of candidates, and registered candidates nominated for a single-mandate election district can be organized from:
      1. the personal funds of candidates and registered candidates--the amount of personal funds cannot be more than 2000 times the minimum salary which is in force on the day the election date is determined;
      2. funds of candidates, political parties which have nominated a registered candidate, political parties which are included in the block of political parties--the amount of funds cannot be more than 5000 times the minimum salary which is in force on the day the election date is determined;
      3. equal funds allocated for registered candidates and other candidates registered for single-mandate election district at least 25 days prior to election day, except the cases defined by this law;
      4. voluntary donations from citizens (not more than 100 times the minimum salary) and legal entities (not more than 2000 times the minimum salary).
    3. Maximum limit of the election fund of the registered candidate cannot be more than 30,000 times the minimum salary as defined for the date the election day is announced officially; but for the candidates this maximum limit is 5,000 times the minimum salary.
    4. Election funds of political parties and blocks of political parties can be formed only from the following funding:
      1. For specific funds of political parties and blocks of political parties, the amount of funds cannot be more than 50,000 times the minimum salary which is in force on the day the election date is determined; (such funds of blocks of political parties are formed from the funds of political parties which are included in that block);
      2. funds allocated for political parties and blocks of political parties by the Central Election Commission at least 45 days prior to election day;
      3. voluntary donations from citizens and legal entities; amount of donations cannot be more than 150 times the minimum salary for citizens, for legal entities not more than 5000 times the minimum salary as defined for the date the election day is determined.
    5. Maximum limit of the election fund of the political parties and blocks of political parties cannot be more than 200,000 times the minimum salary as defined for the date the election day is announced officially.
    6. The following are prohibited from rendering voluntary donations and assistance to the funds of candidates, political parties and block of political parties:
      1. foreign countries and foreign legal entities;
      2. foreigners;
      3. persons without citizenship;
      4. citizens who are not 18 years old;
      5. legal entities of the Azerbaijan Republic; if more than 30% of their capital fund belongs to the persons mentioned in paragraphs 6.1., 6.2., 6.3. of this article, for the date the election day is announced;
      6. international organizations and international movements;
      7. state and municipal bodies;
      8. state and municipal organizations and enterprises;
      9. legal entities, if more than 30% of their capital fund belongs to state or municipality, for the date the election day is determined;
      10. military units;
      11. charitable organizations, religious organizations and associations;
      12. persons who transfer donations not reporting one of the following pieces of information or if all information is not accurate:

for citizens:

    • name, surname, father’s name;
    • batch and serial number of his/her identification document, or a document which substitutes it, date of issue;
    • address;
    • birth date;

for legal entities:

    • identification number of taxpayer;
    • name;
    • date of registration;
    • bank accounts;
    • if state and municipal bodies have their shares in its capital fund, if yes –

the amount;

    • amount of foreign share.
    1. Registered candidates, political parties and blocks of political parties have the right to give instructions on how to use the funds created by themselves. Election funds should be spent for election purposes. They can be used only for the following purposes:
      1. to finance organizational-technical actions regarding collecting signatures in support of candidates, single lists of candidates, to pay for signature collectors;
      2. expenses regarding election campaign, information and consultation services;
      3. expenses regarding election campaign works performed by legal and physical entities.
    2. Candidates, registered candidates, political parties and blocks of political parties use money transferred to their election funds account in accordance with the rules defined by this law, up to Election Day. Candidates, registered candidates, political parties and blocks of political parties are prohibited from using other funds (besides the election funds) for the purposes mentioned in paragraph 7 of this article.

These rules, except articles 38.3 and 45.8 of this law, do not concern the funds used by the political parties for their other purposes not related to election campaign.

Article 60. Specific Election Accounts

    1. A candidate, nominated for a single-mandate election district, after he/she submits documents on this to the Territorial Election Commission, or political parties and blocks of political parties, after they submit documents on nominating a single list of candidates to the Central Election Commission, must open specific election account to create election funds within five days.
    2. Political parties and blocks of political parties must open a specific election account to create election funds after they receive copy of single list of candidates approved by the Central Election Commission, not later than five days prior to the day they submit single list of candidates to the Central Election Commission for registration.
    3. A specific election funds account should be opened by the relevant bank. A candidate, political parties and blocks of political parties can open only one specific account. The relevant bank should open specific accounts for candidates, political parties and blocks of political parties after they submit all required documents considered and defined by this law. Bank operations and services for opening bank account are free. No interest is paid to the bank for use of funds available in a specific bank account. All funds are transferred in manat to specific election account.
    4. Specific bank accounts are opened on the basis of the following documents:
    • a candidate’s document provided by the Territorial Election Commission on being nominated for a single-mandate election district;
    • approved copy of lists of registered candidates provided by the Central Election Commission to political parties and blocks of political parties;
    • documents mentioned in articles 34 and 35 of this law.

A candidate can request another person to open a specific bank account for him/her, according to defined rules. A candidate, a registered candidate can authorize other persons to use their funds available in their accounts, informing the Central Election Commission about it in advance in writing. Political parties and blocks of political parties open the specific bank accounts after the Central Election Commission approves a copy of single list of candidates, on the basis of documents submitted for registration of their authorised representatives on financial issues. Candidates, registered candidates, political parties and blocks of political parties are accountable for violation of rules on finance defined by this law during conduct of election campaign.

    1. If the election district of the candidate or registered candidate changes, the balance in the specific bank account should be returned by distributing it proportionally among the persons or legal entities, which transferred voluntary donations. After all these, the candidate or registered candidate must submit a final financial report to the Territorial Election Commission, and a copy of it to the Territorial Election Commission. Opening a specific bank account in a new election district is implemented in accordance with the rules defined by this law.
    2. All financial operations of registered candidates, political parties and blocks of political parties with a registered single list of candidates must be stopped on Election Day.
    3. Bank operations from the specific bank accounts of a candidate, registered candidate, political parties and blocks of political parties must be stopped by the relevant bank in accordance with instructions of the Central Election Commission if:
    • documents, defined by this law, required for registration are not submitted to the relevant election commission;
    • registration is refused;
    • candidate takes back his/her application of consent;
    • candidate withdraws his/her candidacy;
    • political parties and blocks of political parties withdraw their single lists of candidates;
    • a decision is made on canceling registration.

Article 61. Basis for Prolonging Period for Financial Operations

    1. The Central Election Commission can prolong the period for financial operations in the following cases based on a request of a candidate, registered candidate, a political party and blocks of political party :
      1. for covering expenses of candidates, political parties and blocks of political parties, spent for implementation of their activities before they got refusal of registration; if a candidate withdraws his/her application on his/her consent to be a candidate; or if a political party and blocks of political party withdraws his/her candidacy; if a political party and blocks of political party withdraws single list of candidates; for covering expenses of work performed before signature sheets and other documents for registration are submitted within the period defined by this law;
      2. for covering expenses spent for implementation of activities before a decision on cancellation of registration or cancellation of single list of candidates of the following persons is made:
    • registered candidate who has withdrawn his/her candidacy;
    • political parties and blocks of political parties which have withdrawn registered single list of candidates;
    • registered candidate whose registration has been canceled;
    • political parties, block of political parties, registration of single lists of candidates of which has been canceled.
      1. other cases, which require covering the expenses spent for the actions up to the Election Day by registered candidates, political parties and blocks of political parties.

Article 62. Voluntary Donations to Election Funds of Candidates, Registered Candidates, Political Parties and Blocks of Political Parties

    1. Voluntary donations to the election funds of candidates, registered candidates, political parties and blocks of political parties are transferred by the post-offices and banks. These donations are accepted only from the citizens of the Azerbaijan Republic and they should contain the following information about them:
    • name, surname, father’s name;
    • birth date;
    • address;
    • batch and serial number of identification document or a document which substitutes it.
    1. Voluntary donations of legal entities are received by bank transfer to the candidate’s registered candidate’s, political parties’ and blocks of political parties’ accounts recording the following information:
    • whether legal entities have state, municipal or foreign share in their capital
    • its name;
    • date of registration, tax identification number;
    • bank information.
    1. Voluntary donations of physical and legal entities are transferred to the election accounts through post offices and banks not later than next banking day after they receive the relevant payment order. Period for bank transfer is not more than two days.
    2. Candidates, registered candidates, political parties, and blocks of political parties have the right to return any donations, except anonymous ones. If donations are transferred to the accounts of candidates, registered candidates, political parties and blocks of political parties by citizens or legal entities, who do not have right to do that or if amount of donation is more than the amount required by article 59 of this law, the candidate, registered candidate, political parties and blocks of political parties should return the whole amount or a part of it which exceeds the required amount to the donators within 10 days after receipt of it, indicating reasons for back transfer and keeping expenses for transfer. Candidates, registered candidates, political parties and blocks of political parties are not responsible for not accepting the donations due to inaccurate information mentioned in paragraphs 1-2 of this article only when they did not receive the information about inaccurate documents in time.
    3. Anonymous donations should be transferred to the state budget by the candidate, registered candidate, political parties and blocks of political parties within 10 days after receipt of such donations.
    4. Physical and legal entities can assist the nomination or election of candidates, registered candidates, single list of candidates, only by transferring donations to the relevant election funds. If candidates, registered candidates, political parties and blocks of political parties and their authorised representatives on finance do not agree officially, it is prohibited:
    • to render paid services regarding the elections;
    • to sell goods;
    • to render services and to cover expenses for that from the election funds.

Legal entities, their branches, representations and other organizations are prohibited from rendering assistance free or at a baseless discount regarding the elections. A citizen can render free, voluntary assistance to the candidates, registered candidates, political parties and blocks of political parties him/herself, not inviting a third person during the election campaigning.

Article 63. Reports on Election Funds

    1. Registration of opening and spending specific bank accounts, rules for reporting, as well as rules for collection and expenditure of election funds of candidates, registered candidates, political parties and blocks of political parties are defined by the Central Election Commission with an agreement of National Bank at least 110 days prior to election day. The candidate, registered candidate, political parties and blocks of political parties are to register the collection and expenditure of their election funds. Candidates, registered candidates, political parties and blocks of political parties submit their financial reports to the election commissions as follows:
      1. first initial financial report is submitted to the relevant election commission in accordance with the rules defined by this law, together with the required documents for registration; this report contains information for two days prior to filing.
      2. second initial financial report is submitted at earliest twenty days and at least ten days prior to Election Day; this report contains information for seven days prior to filing.
      3. final financial report is submitted at latest 30 days after final results of elections are officially published; final financial report is attached to the initial financial documents on the collection and expenditure of election funds.
    2. If a candidate or registered candidate loses their status that candidate or registered candidates are responsible for financial reporting. Authorised representatives on financial affairs of political parties and blocks of political parties are responsible for financial reports, if they don’t have such authorised representatives, financial report can be presented by a person who participates in election campaign in political parties or blocks of political parties, and who have been authorised to represent his/her political party.
    3. Copies of financial reports of registered candidates, political parties and blocks of political parties which have a registered list of candidates are published by the relevant election commissions within five days after their receipt.
    4. The relevant bank informs the Central Election Commission about the funds entered and spent from the specific funds of candidates, registered candidates, political parties and blocks of political parties not less than once a week; less than 10 days prior to election day – not less than once in three days. State automated information systems can be used for these purposes. Relevant Territorial Election Commissions and the Central Election Commission submit the information on collecting and expenditure of election funds to the mass media, regularly, not less than once two weeks up to the election day. The relevant election commission informs registered candidates, political parties and blocks of political parties with a registered single list of candidates, about their collection and expenditure of election funds, provided by the relevant bank, on their official request.
    5. The periodicals considered by article 52.2-3 of this law are to publish information on the receipt and expenditure of funds transferred by relevant election commissions. The following information is to be published:
      1. about financial report on use of election funds if the amount is more than 2,000 times the minimum salary in force on the day the election day is determined, for the political parties and blocks of political parties; and if the amount is more than 500 times the minimum salary for the candidates, registered candidates.
      2. about legal entities which have transferred donation to the election accounts in amount of 1000 times the minimum salary as defined for the date the Election Day is determined, for political parties and blocks of political parties, and 250 times the minimum salary for the candidates and registered candidates.
      3. about physical entities who have transferred donation in amount of 50 times the minimum salary as defined for the date the election day is determined;
      4. donations transferred back; reasons of return;
      5. total amount of funds received and total amount of expenditure.
    6. Relevant executive authorities submit the following information on legal entities to the relevant election commissions within five days after the list of legal entities which have contributed donations to the candidates, political parties and blocks of political parties is received from the relevant election commissions:
    • founders of legal entity;
    • whether legal entity has state, municipal or foreign share;
    • name of legal entity;
    • date of registration.

This information is submitted in accordance with format defined by the Central Election Commission. State automated information system can be used for these purposes. The relevant election commission provides the candidates, registered candidates, political parties and blocks of political parties with information received by the election commission immediately, in accordance with their request. If the election commission receives information about contribution that violates the requirements of article 59.6 of this law, the relevant candidate, registered candidate, political parties and blocks of political parties are informed about this immediately.

Article 64. Return of Funds of Candidates, Registered Candidates, Political Parties, Block of Political Parties

    1. A candidate not registered by the relevant election commission, political parties and blocks of political parties with no registered single lists of candidates are to return unexpended money remaining in the election fund to the physical and legal entities which have contributed these donations (excluding transfer expenses). This amount of money should be distributed among legal and physical entities proportionally.
    2. The following persons are to return unexpended part of election funds transferred by the relevant election commission within 30 days after the election day:
    • a candidate who participated in the election for in a single-mandate election district and collected at least 3% of total votes of voters voted (for that district) or who is elected;
    • a registered candidate who withdrew his/her candidacy due to compelling reasons;
    • a political party and blocks of political parties which have participated in single multi-mandate election district and collected 1% of total votes of electors;
    • political parties and block of political parties with a registered single lists of candidates or which participate in distribution of deputy mandates;
    • political parties and block of political parties which have withdrawn their single lists of candidates due to compelling reasons.

The relevant bank should transfer this amount mentioned in the letter of the election commission to its account when this period finishes.

    1. After a registered candidate, political party and blocks of political parties mentioned in paragraph 2 of this article returns the funds to the relevant election commission, he/she transfers back unexpended funding of his/her election funds to the physical and legal entities following the rules defined by paragraph 1 of this article. It should be performed with an agreement of the relevant election commission before the final financial report is submitted.
    2. A registered candidate, political parties and blocks of political parties not considered by paragraph 2 of this article must return all funds and transport expenses allocated by the relevant election commission within 30 days after the Election Day. After this period finishes the relevant bank transfers amount mentioned in the election commission’s letter to its account without any dispute.
    3. Political parties, block of political parties not considered by paragraph 2 of this article must pay completely all funds to cover expenditure for free airtime and space provided to political parties and block of political parties by TV, radio companies and periodicals considered by article 52.2-3. This amount should be paid from the election funds of political parties and blocks of political parties prior to the date the final financial report is submitted.
    4. After the date the final results of elections are published officially, the relevant election commission informs the registered candidates, political parties and blocks of political parties, which are not considered by paragraph 2 of this article about the sum of funds to be returned. These are funds transferred to the election funds by the relevant election commission and budget allocated for transport expenses.
    5. Within three days after the date the final results of elections are published officially, the Central Election Commission sends the following documents to the TV, radio companies and periodicals considered by article 52.2 and 52.3 of this law:
    • list of political parties, block of political parties as well as political parties which are included in block of political parties mentioned in paragraph 5 of this article;
    • their addresses;
    • verified copies of joint decisions of block of political parties on covering expenses for free airtime and space in periodicals.
    1. Within 10 days after the date the final results of elections are published officially TV, radio companies and periodicals considered by article 52.2 and 52.3 of this law inform the political parties and blocks of political parties considered by paragraph 5 of this article as well as political parties which are included in blocks of political parties about the following:
    • cost of used free airtime;
    • size and cost of space allocated by the periodicals;
    • their own legal address;
    • bank information.
    1. Cost of free airtime and space considered by articles 53.5 and 53.6 and 54.4 and 54.5 of this law is determined by multiplying total volume of free airtime and space provided to political parties and block of political parties by TV, radio companies and periodicals in accordance with article 53.12 and 54.9 of this law by cost of allocated airtime and space and cost of space allocated for publishing information. When political parties and blocks of political parties which have a registered single list of candidates, use free airtime to conduct joint election campaign actions considered by article 53.6 of this law, amount of funds returned by each political parties and blocks of political parties is determined by dividing total volume of airtime proportionally by the total number of participants of each joint TV program. If political parties and blocks of political parties refuse to use free airtime or space in a periodical in accordance with the rules and period defined by article 53.14 and 53.11 of this law, expenditure for free airtime and space in periodical is not paid.
    2. Registered candidates, political parties, block of political parties not considered by paragraph 2 of this law are prohibited from returning unused donations to the physical and legal entities that contributed them and which pay for free airtime and space, until they return funds to the relevant election commissions. In such cases, first the political parties and blocks of political parties should return election commission’s funds. After political parties and blocks of political parties not considered by paragraph 2 of this article return election commission’s funds and pay TV, radio companies and periodicals for free airtime and space, they must return unused donations in their election funds to the physical and legal entities in accordance with paragraph 1 of this article.
    3. Within 60 days after the Election Day, the relevant bank should transfer the balance of the funds in specific bank accounts of candidates, registered candidates, political parties and blocks of political parties, according to written instructions of the relevant election commission, to the state budget.
    4. If registered candidates, political parties and blocks of political parties do not have funds or they are short of funds, return of funds to the relevant election commissions and expenditures for free airtime and space in mass media must be paid from their own budget. If a block of political parties is responsible for return of funds or for payment of free airtime and space in mass media, amount should be distributed proportionally among the political parties which are included in the block of political parties up to election day, with a conditions if no other cases are considered by the joint decision on establishment of a block of political parties submitted to the Central Election Commission.
    5. A registered candidate who is not considered by paragraph 2 of this article and who has not followed requirements of paragraph 4 of this article until he/she submits a final financial report, and if he/she undertakes to submit a final financial report and to return the funds, he/she can return funds to the relevant Territorial Election Commission within 12 months starting from the election day.
    6. If political parties and blocks of political parties which are not considered by paragraph 2 of this article and which have not fulfilled requirements of paragraphs 4 and 5 of this article, before they submit their final financial report, undertake to return funds to the budget and to pay expenditures for free airtime and free space, they can be allowed to pay it within twelve months beginning from the election day.
    7. Funds will be returned by the court if obligations mentioned in paragraphs 13 and 14 of this article are not performed and if period mentioned in the obligations for return of funds is finished. If registered candidates, political parties and block of political parties which are not considered by paragraph 2 of this article and which do not fulfil the requirements of paragraphs 12-13 of the current article do not undertake the obligations mentioned in paragraphs 13-14 of the current article before financial report is submitted, they will return funds by court before period for submission of financial report is finished.
    8. If a candidate or registered candidate loses his/her status, a person who is considered a candidate and registered candidate are responsible for the obligations mentioned by this article. Political parties, which participated in elections as political parties or in blocks of political parties, are responsible for obligations of political parties and blocks of political parties considered by this article, after elections finish.
    9. Within 12 months starting the election day TV, radio companies and periodicals considered by article 52.2 and 52.3 of this law inform the Central Election Commission on political parties which have not completely covered expenditures for free airtime and space considered by paragraph 5 of this article. Within 12 months starting from the Election Day, the Territorial Election Commission informs the Central Election Commission on citizens who are considered by paragraph 4 of this article and who have not performed their obligations.
    10. The Central Election Commission provides the Territorial Election Commission with information on persons who have not performed their obligations and who are considered by paragraph 4 of this article, within five days after TECs are formed and after a decision on determination of main, repeated or additional elections is officially published. Persons, who have not performed their obligations, do not have rights to get funds from the relevant election commissions during the main, repeated or additional elections regardless of what election district they have been nominated for. A political party which participated in the previous elections independently or as a member of a block of political parties considered by paragraphs 4 and 5 of this article and which has debts to the Central Election Commission for the date next election day is determined, does not have the right to get funds from the Central Election Commission and cannot be provided free airtime and space in the mass media. These rules concern block of political parties which are established from the political parties mentioned above.

Article 65. Financing Election Commissions

    1. Funds allocated for preparation and conduct of elections and for organization of election commissions’ activities are used by the election commissions independently for the purposes defined by this law.
    2. The following election activities are financed from the state budget including balance of funds from the previous elections:
      1. establishment of election funds of registered candidates, political parties and blocks of political parties which have a registered single lists of candidates, in accordance with the rules and number defined by this law;
      2. transport expenditures and compensations paid for candidates registered for a single-mandate election district in accordance with article 46 of this law;
      3. to pay salaries for members of election commissions who have decisive voting rights, employees of election commissions or part-time employees who work on the basis of civil contract;
      4. producing stamps, implementing printing activities, getting technical equipment and its installation;
      5. transport expenditures, as well as transport expenditures in remote districts;
      6. transportation and security of election documents;
      7. development of election systems, voters education and election organizers’ education and implementation of purposed programs in this field;
      8. payment of business trips and other expenses regarding the elections; other expenses regarding powers and functions of election commissions.
    3. Average monthly salary of election commission member with a casting vote who is released from his/her employment during the preparation and conduct of elections should remain with his/her employer at his/her main working place. They are paid additional salary by the relevant election commission in accordance with rules and amount defined by the Central Election Commission.
    4. Rules for transfer of money allocated by the Central Election Commission for other election commissions, report, registration, opening and closing bank accounts are defined by the Central Election Commission together with the National Bank at least ninety days prior to Election Day. The bank does not charge election commissions for opening a bank account and for conducting bank operations. No interest is paid for use of these accounts. Election commissions conduct financial records of expenditure of funds allocated from the state budget.
    5. The Central Election Commission together with the National Bank defines the samples of following documents at least ninety days prior to election day:
    • financial reports of election commissions on receipt and expenditure of funds allocated for preparation and conduct of elections;
    • candidates’, registered candidates, political parties’, blocks of political parties’ document on receipt and expenditure of funds of election funds.
    1. The Precinct Election Commission submits its financial report on receipt and expenditure of election funds allocated from the state budget to the Territorial Election Commission within three days after the Election Day.
    2. The Territorial Election Commission submits a financial report on receipt and expenditure of funds allocated from the state budget to the Central Election Commission within 10 days after the Election Day.
    3. The Territorial Election Commission submits information on receipt and expenditure of election funds of candidates and registered candidates to the Central Election Commission within 10 days after final results of elections for single-mandate election district are officially published.
    4. The Central Election Commission provides the President of the Azerbaijan Republic, the Milli Majlis and the mass media with the following information within three months after official results of elections are published:
    • use of budget;
    • use of election funds by candidates, registered candidates,;
    • expenditure of election funds of political parties and blocks of political parties.

Information mentioned above should be published by the official press of the Central Election Commission starting the date it submitted this information to the President of the Azerbaijan Republic and to the Milli Majlis.

Article 66. Control and Inspection Services of Election Commissions

    1. The Central Election Commission and the Territorial Election Commissions create a control and inspection service to ensure:
    • the control of expenditure of funding allocated for election purposes;
    • correct registration and use of election funds;
    • sources of funding.
    1. Control and Inspection service includes the following:
      1. head of the control and inspection service;
      2. election commission members appointed to that service, experts invited from the government, National Bank and other organizations and institutions.

According to the request of relevant election commissions, bodies mentioned above should send relevant specialists to the Central Election Commission at least for five months and to the Territorial Election Commission at least for 4 months after the publication of decision on determination of Election Day.

    1. When experts invited to the control and inspection service are temporarily released from their employment, their salaries and other payments will be preserved in their permanent working place and they are paid additional salary from the relevant election commission in accordance with the rules and amount defined by the Central Election Commission.
    2. The Central Election Commission approves the statute on the control and inspection service. The relevant election commissions implement activities regarding the organizational, legal, material and technical insurance of the control and inspection service.
    3. The control and inspection service has the following rights to control:
    • receipt of funding to the election funds of candidates, registered candidates, political parties and blocks of political parties;
    • registration of these funds and purposed expenditure;
    • purposed expenditure of funds allocated for subordinate election commissions.

For these purposes the control and inspection service:

      1. inspects financial reports of candidates, registered candidates, political parties and blocks of political parties and subordinate election commissions;
      2. obtains information on all issues within its powers from the candidates, registered candidates, political parties and blocks of political parties and election commissions;
      3. obtains necessary information on issues concerning this service and finance of elections from the executive authorities, municipalities, organizations and citizens; requests of control and inspection service should be answered within ten days, but five days prior to election day and on election day – immediately;
      4. prepares documents on financial violations occurred during the finance of elections;
      5. raises a matter with the relevant election commission on implementation of measures of accountability for the violations occurred during finance of elections by physical and legal entities, candidates, registered candidates, political parties and blocks of political parties;
      6. invites experts for conducting investigations and for preparing expert considerations.

CHAPTER X.
VOTING AND DETERMINATION OF VOTING RESULTS

Article 67. Voting Station

    1. The relevant executive body or municipality allocates voting station premises to the Precinct Election Commission free of charge.
    2. There must be a hall with ballot box, voting compartments and other equipment for secret ballot in the voting station. Or voting compartments equipped with light, desk and pens for secret ballot.
    3. The Precinct Election Commission places a notice board inside the voting station or in front of it with the following:
    • samples of ballot papers;
    • information on political parties and blocks of political parties which have a registered single lists of candidates;
    • following information about all candidates registered for a single-mandate election district:
    • name, surname;
    • date of birth;
    • education;
    • main working (serving) place and occupation (type of activity);
    • address;
    • who has nominated him/her.

If a registered candidate or a candidate included in the single list of candidates had been sentenced and it is not served or canceled, name and number of relevant article of the Criminal Code should be recorded in abovementioned information. If a candidate had executed an action which requires accountability in foreign country where he/she lives, the name of the relevant law should be recorded as well.

Single lists of candidates registered by the Central Election Commission should be displayed in the voting station. Samples ballot papers must not contain actual names, surnames of registered candidates and candidates included in the single list of candidates or actual names of political parties and blocks of political parties. Information on candidates, political parties and blocks of political parties appears in the same order that it appears in ballot paper. These notice boards should contain information on accountability for violation of citizens’ suffrage. All of this should be displayed in the voting station in a convenient place for voters to have access to it.

    1. Samples of protocols that are larger than normal format should be displayed in the voting station for recording information on voting results, from time the voting commences.
    2. Voting stations should be located in places that have a place for issuing ballot papers, voting compartments, other voting places and ballot boxes that are easily accessible to the commission members and observers and where they may easily observe the processes.
    3. Ballot boxes should be prepared in such way to have an access to observe whether it is full after it has been sealed. There must be separate ballot boxes for both – single-mandate and multi-mandate election districts.

Article 68. Ballot Papers

    1. Rules for preparation of ballot papers, their number and requirements for preparation of ballot papers are approved by the Central Election Commission at least 35 days prior to Election Day.
    2. Ballot papers are prepared for single-mandate and multi-mandate election districts. Ballot papers for single-mandate and multi-mandate election districts should differ. The content of the ballot paper can be printed on one side only.
    3. Ballot paper for the single multi-mandate election district, as defined by the lottery, should contain short names of political parties and blocks of political parties and their emblems in the same colour. In such cases, abbreviated names of political parties which are included in the block of political parties should be recorded. The Central Election Commission conducts lottery at least 36 days prior to Election Day. Authorised representatives of political parties and blocks of political parties should be present in the process of lottery. Number received by the political parties and blocks of political parties should be kept till the end of elections. Names, surnames, patronymic’s of first three candidates nominated by political parties and blocks of political parties should be placed under the names of political parties and blocks of political parties.
    4. To the right hand side of the names of political parties and blocks of political parties, there must be a blank box. To the end of the list of political parties and block of political parties, at the blank box, which is on the right side, there must be a line containing "against all single lists of candidates".
    5. A ballot paper for a single-mandate election district should contain the following information on the candidates in alphabetical order:
    • name, surname, father’s name, nickname;
    • date of birth;
    • address;
    • main working or serving place (if he/she does not have them - type of activity);
    • if he/she has an elected position in state and municipal bodies;
    • who has nominated him/her.

The ballot paper should also contain candidate’s party affiliation, that party’s short name, if the candidate has been registered in accordance with the article 35 of this law. The ballot paper can contain the registered candidate’s party affiliation on his/her own consent, if the candidate has been registered in accordance with the article 34 of this law. To the right hand side of the information on each registered candidate there must be a blank box.

    1. To the end of the list of all registered candidates at the blank box, which is on the right side, there must be a line containing "against all candidates".
    2. Each ballot paper should contain instructions on how to complete it.
    3. The ballot paper is printed in the national language. At the same time the ballot paper can be printed in a language which population mostly use.
    4. The ballot papers are printed at least 22 days prior to Election Day in accordance with instructions of the Central Election Commission, with observation of its members. Number of prepared ballot papers should not exceed the number of voters registered for single-mandate and single multi-mandate election districts by more than 3%.
    5. The printing company sorts the defected from the usable ballot papers and prepares a document reporting how many ballots were in each category and then transfers usable ballot papers to the authorised representatives of election commission in accordance with the act which contains the number of ballot papers, date and time of transfer. After the ballot papers are transferred in accordance with request, defected and extra ballot papers are destroyed and a report on this, with signatures of all participants, is prepared. Members of relevant election commissions, registered candidates, authorised representatives and agents of political parties and blocks of political parties, as well as persons considered by article 26.1 of this law can observe the process mentioned above. The relevant election commissions should inform the registered candidates, authorised representatives of political parties, and blocks of political parties about the place and time of the accept-transfer of usable ballot papers.
    6. The Central Election Commission, after it receives ballot papers from the printing company, prepares a document which contains the quantity of ballot papers, date and time of transfer, with the participation of chairperson and secretaries of relevant Territorial Election Commissions not later than 20 days prior to election day and then transfers the ballot papers to the chairperson. The quantity of ballot papers to be transferred to the Precinct Election Commissions is determined by the Territorial Election Commission. The Territorial Election Commission transfers ballot papers to the Precinct Election Commissions four days prior to Election Day in accordance with abovementioned manner. The quantity of ballot papers transferred to the Precinct Election Commission cannot be more than 90% of voters included in the voters list for the date ballot papers are transferred, or cannot exceed it by less than 0.5%. On each ballot paper, in the top right hand corner on the main face of the ballot paper, the stamp of the Precinct Election Commission must be apparent.
    7. Chairpersons who transfer, receive and secure the ballot papers are responsible for transferring and preserving the ballot papers.
    8. If, after the ballot papers have been produced, a candidate withdraws his/her candidacy or his/her registration is canceled, or if some political parties or blocks of political parties withdraw their single lists of candidates, the Territorial or Precinct Election Commissions cross names of candidates or political parties and blocks of political parties in accordance with the request of election commissions which have a registered single list of candidates. If in case of need to add information about candidate, political parties and blocks of political parties to the ballot paper, or to make some changes, only members of the Territorial or Precinct Election Commissions can add information or make changes in handwriting verifying it with a stamp of the relevant commission, with agreement of the CEC.
    9. Only in exceptional cases, precincts established on ships sailing on Election Day, or precincts in remote districts are allowed to prepare election documents and ballot papers, if these precincts have technical possibilities. With an agreement of the Central Election Commission, the relevant Territorial Election Commission makes a decision on preparation of election documents, showing number of copies to be printed.
    10. On Election Day, after voting finishes, the Territorial Election Commission cancels unused ballot papers and prepares an act on it. Persons considered by article 26.5 of this law can be present in the process mentioned above. Secretary of the commission preserves canceled ballot papers together with other documents of the commission.

Article 69. De-registration Card for Voting

    1. At least 60 days prior to election day, the Central Election Commission approves the format, rules for preparation, number, register-format requirements for preparation of de-registration card (hereafter referred to as voting card). Voting cards are transferred to the subordinate election commissions in accordance with the rules defined for transferring of ballot papers. Chairpersons of the relevant election commissions are responsible for transfer and registration of voting cards.
    2. A voter who cannot vote in the voting station where he/she is included in the voters list on the election day, can get a voting card from the relevant Territorial Election Commission (45-25 days prior to elections day) or from the Precinct Election Commission (24-1 days prior to election day). According to this card, a voter can vote in the precinct where he/she is on the Election Day.
    3. A voting card is issued to the voter based on his/her request, or to his/her representative based on power of attorney verified by the notary office. Voters request should contain reasons for application. If a voter is in hospital or jail, the power of attorney can be verified by the managers of those organizations and places.
    4. The Territorial Election Commission prepares the register of the voting cards. This register contains the following information about the voter who receives a voting card:
    • surnames, names, fathers’ names;
    • date of birth;
    • address.

25 days prior to Election Day the Territorial Election Commission transfers to the PEC the approved extract from the abovementioned register together with the voters lists. The Precinct Election Commission can make relevant notes on the voters list based on these extracts.

    1. A voter or voter’s representative signs in the register (in the Territorial Election Commission) or on the voters list (in the Precinct Election Commission) upon receipt of the de-registration card recording the batch and serial number of their identification document or of a substitute document. Based on this, a voter’s name is then crossed out from the voters list of the relevant election commission. He/she is not considered while counting the number of registered votes and he/she is not included in the relevant protocol of this voting precinct.
    2. A voting card should be verified by the stamp of election commission that issues it. This voting card should contain the signature of a member of the Territorial or Precinct Election Commissions that issued it.
    3. On presenting the voting card, a voter should be included in the relevant voters list of the relevant voting station. After this voting card should be given to the relevant election commission. When a voter is issued a ballot paper, he/she records his/her address on the voters list additionally.
    4. On the Election Day, before voting starts, right hand corners of unused voting cards are cut and a relevant document is prepared on it.

Article 70. Voting Rules

    1. Voting is conducted from 8.00 hours to 19.00 hours on Election Day. Precinct Election Commissions must inform voters by mass media or other means of the voting station location and the hours of voting, at least 20 days prior to Election Day.
    2. Precinct Election Commissions established on the ships which sail under the flag of the Azerbaijan Republic, military units or remote areas, if all voters registered in the voters list for the Precinct Election Commission have voted, can announce that voting has finished before the scheduled closing time.
    3. If a voter cannot attend the voting station on election day, due to his/her health or other valid reasons, he/she may inform the Precinct Election Commission, at least 24 hours prior to election day, of his/her wish to vote using the mobile ballot box. The Territorial Election Commission may permit the conducting of voting on the ships which sail under the flag of the Azerbaijan Republic or which is on expedition on election day and other remote places not earlier than 10 days prior to election day.
    4. The Precinct Election Commission chairperson announces the voting station is open at 07.00 hours [to allow for preparation of the voting station; voting commences at 08:00 hours] shows empty ballot boxes to the commission members, voters who are present there, observers and then seals them; then requests Precinct Election Commission members to commence the voting process.
    5. Each voter receives two ballot papers – for single multi-mandate election district and for single-mandate election district. A voter records his/her ID, or other document which substitutes it, series and number on the voters list after he/she receives a ballot paper. Series and number of ID or other substitute document are recorded on the voters list by the Precinct Election Commission member. The voter checks the record and signs if it is correct. If the voter cannot receive his/her ballot paper without help, he/she may ask another person, except for Precinct Election Commission members and observers, for assistance. The person who assisted the voter to receive the ballot paper writes his/her surname and signs on the voters list in a special column "Signature on receipt of voter’s ballot paper".
    6. When a voter is given a ballot paper, the left corner of the ballot paper is cut off, signed and retained by the Precinct Election Commission member.
    7. Each voter votes personally and individually. It is not allowed to vote for other people. The ballot paper is completed in a special secret ballot voting compartment, which is equipped with special equipment. If a voter cannot complete the ballot paper himself/herself, he/she can ask any other person, except for Precinct Election Commission member and observers, to assist him/her in the voting compartment. That person’s surname is shown in the voters list together with voter’s signature for receiving the ballot paper.
    8. The voter marks a blank box located to the right of the political parties and blocks of political parties with the list of candidates for which he/she has voted for in the single multi-mandate election district, or "against single list of all candidates". In a single-mandate election district, a voter marks a single box to the right of the last name of a candidate who he/she is voting for or the box located to the right of the title "against all candidates". The voter places the completed ballot paper in the ballot boxes in the designated single-mandate election district or multi-mandate election district ballot boxes.
    9. Ballot boxes are positioned in the voting station so that observers and Precinct Election Commission members have an unobstructed view of them.
    10. The Precinct Election Commission should give all voters the opportunity to vote, including those who requested a mobile ballot box due to their health or other valid reasons defined by the Central Election Commission. To enable this, there must be one mobile ballot box in the voting station. The request to use a mobile ballot box sent by a voter to the Precinct Election Commission must be verified again in writing by the voter at the time of voting, in the presence of not less than two Precinct Election Commission members, and observers. If a voter did not make a written request for a mobile ballot box, he/she must make an application in the presence of Precinct Election Commission members. The voter records the receipt of his/her ballot paper in the request and verifies this with his/her signature. The application must contain the same information about the voter as appears in the voters list. Precinct Election Commission members who accompany the mobile ballot box should take the number of ballot papers equal to the number of requests. The number of used and returned ballot papers from voters requesting a mobile ballot box must be recorded in a separate document. At the same time, the voters voting using the mobile ballot box are marked on the voters list. After the mobile ballot box is returned by the Precinct Election Commission members to the voting station, it is not opened until vote counting commences. Mobile ballot box voting must be organized so that there are no violations of the voter’s right to vote or the requirements for a secret ballot and not influencing the voter’s choice.
    11. The Precinct Election Commission chairperson controls adherence to the rules within the voting station. All persons in the voting station must follow his/her directions. If a Precinct Election Commission chairperson is absent, his/her deputy assumes the chairperson’s powers. If the deputy is also not available, the chairperson’s powers are assumed by the secretary, another commission member who is authorised for that. Any Precinct Election Commission member, who tries to influence a voter or violates the rules of the secret ballot, is dismissed from his/her job immediately. Persons mentioned in article 26.1 and 26.2 who breach these rules are removed immediately from the voting station. The Precinct Election Commission decides these matters.
    12. Persons other than voters who are voting, commission members and persons mentioned in article 26.1 and 26.6 cannot be present in the voting station. State officials are prohibited to be present in the voting station, except when they are voting. Officials of the executive authority can be present if they preserve law and order in the voting station or relevant specialists if they solve some technical problems, if they are invited by the chairperson of the Precinct Election Commission and they must leave the voting station immediately after they finish to perform their duties.
    1. If a voter realizes that he/she has made an error in marking his/her ballot paper, he/she can ask for a new ballot paper from the commission member who issued the original ballot paper. In this case the Precinct Election Commission member cancels the spoiled ballot paper by cutting it from the middle, puts it in a separate envelope, gives him/her a new ballot paper and makes the necessary note to the right of the voters surname on the voters list. Later, a separate document is prepared recording this.

Article 71. Counting the Votes in the Voting Station

    1. When voting hours end, the Precinct Election Commission chairperson announces loudly: "only voters who have already received ballot papers and those in the voting compartments (booth) can vote." Before opening the ballot box, Precinct Election Commission members count and cancel unused ballot papers in the presence of observers in the voting station. The number of unused ballot papers is announced and recorded in the final protocol of voting results. At the same time, the number of signatures of voters who have received ballot papers is recorded in the final protocol on results of voting. The Precinct Election Commission chairperson then examines the stamps and seals of the ballot boxes shows these to the Precinct Election Commission members and observers and opens the ballot boxes.
    2. Ballot boxes are opened one by one: first the mobile ballot box, then the ballot box in the voting station. Ballot papers in the mobile ballot box are counted first. Their number must not exceed the number of requests. When counting ballot papers from the mobile ballot box, if the number of ballot papers is more than the number of requests, then all ballot papers in the mobile ballot box are considered to be invalid by decision of the Precinct Election Commission. A report (an act) on this, which includes a list of the surnames of the commission members that accompanied the mobile ballot box, is attached to the final protocol.
    3. When counting the votes, the following types of ballot papers are separated: ballot papers of indeterminate form [or falsified, ballots that are unofficially produced], ballot papers that have not been verified by the Precinct Election Commission [lacking stamp and/or signature], and ballot papers which are considered to be invalid.
    4. If the voting intention of the voter is clear, the ballot paper is valid. If it is difficult to determine the intention of the voter in the ballot paper, if more than one box is marked or if the ballot is not marked at all, the ballot paper is considered to be invalid. If there are doubts about the validity of a ballot paper, the Precinct Election Commission votes to determine if the ballot paper is considered valid. If a decision is made to consider the ballot paper invalid, reasons for the decision are recorded on the reverse side of the ballot paper. This record must be approved by the signatures of chairperson and secretary of the Precinct Election Commission. Invalid ballot papers are packed separately.
    5. Counting of votes by the Precinct Election Commission chairperson, with the participation of Precinct Election Commission members, continues without a break until the count is finished. All Precinct Election Commission members and observers are advised of the results of voting.
    6. The Precinct Election Commission prepares two protocols on voting results: protocol #1 for single mandate election district and protocol #2 for single multi-mandate election district. Both protocols contain the following information on the voting results:
      1. total number of voters on the voters list (including in separate line – number of voters on the supplementary list);
      2. number of ballot papers transferred to the Precinct Election Commission;
      3. number of ballot papers issued to the voters in the voting station on election day;
      4. number of ballot papers issued to the voters who requested use of the mobile ballot box;
      5. number of ballot papers canceled;
      6. number of ballot papers inside the ballot box in the voting station (except ballot papers not in the defined form);
      7. number of valid ballot papers;
      8. number of ballot papers inside the mobile ballot box (except ballot papers not in the defined form);
      9. number of invalid ballot papers (including in separate line – ballot papers not in the defined form and blank ballot papers).
    7. The following additional information is recorded in the protocol #1:
      1. names, surnames, fathers’ names of the candidates who appear on the ballot papers, and abovementioned are the same, additional information about them;
      2. the number of votes cast for each candidate;
      3. the number of votes cast against all candidates;
      4. number of voters who have been issued ballot papers.
    8. The following additional information is recorded in the protocol #2:
      1. names of political parties and blocks of political parties which appear on the ballot papers;
      2. the number of votes cast for the single list of candidates of each political party and blocks of political parties;
      3. the number of votes cast against the single lists of candidates of all blocks;
      4. number of voters who have been issued ballot papers.
    9. Number of voters who have voted with a voting card is added to the number of voters who appear on the voters list of the precinct (number of voters who have been issued voting card from this precinct is not included).
    10. The final protocol on voting results is completed in three copies (using carbonized paper) in the voting station, with the participation of Precinct Election Commission members and in the presence of observers, and is signed by all Precinct Election Commission members with decisive voting right after completing of protocol is finalized. If a Precinct Election Commission member does not agree with the protocol or some parts of it, he/she can add his/her opinion to the protocol, and this is noted in the protocol. It is prohibited to complete a protocol on voting results in pencil or to make corrections on it.
    11. If a superior election commission has doubts about the protocol from a Precinct Election Commission, it can make a decision on recounting the votes in that voting station. Votes are recounted by the Precinct Election Commission with the participation of superior election commission members.
    12. First copies of each protocol should be transferred to the Territorial Election Commission and the following attachments:
    • complaints (applications) about violations of this law received by the Precinct Election Commission and decisions made by the Precinct Election Commission with respect to these complaints and applications;
    • a document on receipt of ballot papers by the Precinct Election Commission;
    • a document on canceling the unused ballot papers (recording their number);
    • a document on issuing voting cards and on canceling unused voting cards (recording their number);
    • a document on the number of torn off left corners of the ballot papers;
    • a document on the number of spoiled ballot papers mentioned in the article 70.13.

All documents mentioned above should be signed by the chairperson and secretary of the Precinct Election Commission. Verified copies of complaints (applications), decisions of Precinct Election Commissions and acts mentioned above are attached to the second copy of the protocol.

    1. The second copy of each protocol, the packaged and sealed ballot papers, the torn off left corners of these ballot papers, torn off pieces of spoiled ballot papers; the list of persons mentioned in article 26.1 and 26.5 who observed the count, are preserved by the secretary of the Precinct Election Commission until the Precinct Election Commission has finished its activity.
    2. The Precinct Election Commission signs and sends the first copy of the protocol to the relevant Territorial Election Commission within 24 hours after Election Day.
    3. The third copies of each protocol on results of elections are displayed on the board [at the precinct] for general information.
    4. If a Precinct Election Commission member with a decisive voting right does not agree with the protocol or some parts of it, he/she can add his/her opinion to the protocol, and this is noted in the protocol.
    5. Election documents and ballot papers must be sent to the relevant Territorial Election Commission not later than 10 days after election results are officially announced.
    6. Precinct Election Commissions established outside of the Azerbaijan Republic send the first copy of the protocol on voting results with the documents attached to it to the Territorial Election Commission defined by the Central Election Commission within three days (starting from Election Day).
    7. If the Precinct Election Commission finds mistakes or inaccuracies in the protocol after it has been signed, this matter should be discussed in its meeting. Persons mentioned in the article 26.2 of this law should be informed about the date and time and place of the meeting. A new protocol should be completed. This new protocol should contain the word "repeated" and send to the Territorial Election Commission immediately.

Article 72. Determination of Election Results by Territorial Election Commission in Single-mandate Election district

    1. The Territorial Election Commission summarizes all information based on the first copy of the protocol #1 of Precinct Election Commissions on voting results (after the accuracy has been verified) and determines the results of the election in single-mandate area and final results of voting in single multi-mandate election districts. Summarizing the information from the protocol #1 of the Precinct Election Commission should be done continuously until protocol #1 of the Territorial Election Commission is completed. Summarizing the information from protocols of Precinct Election Commission on voting results is performed directly by the Territorial Election Commission members who have the decisive voting right.
    2. The Territorial Election Commission can consider the elections void in the following circumstances:
      1. if less than 25% of voters included in the voters list up to the end of elections record their votes;
      2. if the number of votes cast for a candidate who has recorded the most votes is less than the number of votes cast against the all candidates.
      3. if votes cast for registered candidates are tied.
    3. The Territorial Election Commission considers the elections in the single-mandate election districts to be invalid in the following circumstances:
      1. it is impossible to determine the voter’s will due to violations occurred during the conduct of voting or during the determination of results of voting;
      2. if number of voting stations results of which are canceled is more than ¼ of all voting stations within the relevant territory;
      3. on the basis of court’s decision.
    4. The Territorial Election Commission completes a protocol #1 on the results of elections in single-mandate election district on the basis of protocols #1 provided by the Precinct Election Commissions. This protocol contains the following:
    • number of Precinct Election Commissions;
    • number of protocols #1 provided by these Precinct Election Commissions (protocols which the Territorial Election Commission based on while completing its protocol);
    • summary of information mentioned in the paragraph 6 and 7 of article 71 of this law and from protocols #1 provided by the Precinct Election Commissions;
    • names, surnames and fathers’ names of candidates elected as a deputy.
    1. Candidates who record the most votes of the voters who have participated in the elections are considered to be elected from the single-mandate election district.
    2. The Territorial Election Commission completes a protocol #2 on results of voting in the single multi-mandate election district part of which is within the territory of the single-mandate area, based on the protocols #2 of the Precinct Election Commissions. This protocol contains:
    • number of Precinct Election Commissions;
    • number of PEC protocols #2 which the TEC used while completing its protocol #2;
    • summary of information mentioned in the article 71.6 and 71.8 of this law and from the PEC protocols #2.

Summarizing the information from the protocol #2 of the Precinct Election Commission should be done continuously until protocol #2 of the Territorial Election Commission is completed.

    1. The protocols #1 and #2 of the Territorial Election Commission are completed in three copies [triplicate] and are signed by the members of this commission with a decisive voting right. First copies of each protocol should be transferred to the Central Election Commission immediately and it should be attached the followings:
    • complaints (applications) about violations of this law received on election day by the Territorial Election Commission and decisions made by the Territorial Election Commission with respect to these complaints and applications;
    • a document on receipt of ballot papers by the Territorial Election Commission;
    • a document on canceling the unused ballot papers (recording their number);
    • a document on issuing voting cards and on canceling unused voting cards (recording their number).

All documents mentioned above should be signed by the chairperson and secretary of the Territorial Election Commission. Verified copies of complaints (applications), decisions of Territorial Election Commissions and acts mentioned above are attached to the second copy of the protocol.

    1. The second copy of each protocol, the packaged and sealed ballot papers, the torn off left corners of these ballot papers, the list of persons mentioned in article 26.1 and 26.5 who observed the count, are preserved by the secretary of the Territorial Election Commission until the Territorial Election Commission has finished its activity.
    2. The third copy of each protocol is displayed on a relevant board for general information [for the public].
    3. If a Territorial Election Commission member with a decisive voting right does not agree with the protocol or some parts of it, he/she can add his/her opinion to the protocol, and this is noted in the protocol.
    4. If the Territorial Election Commission finds mistakes or inaccuracies in the protocol after it has been signed, this matter should be discussed in its meeting. Persons mentioned in the article 26.2 of this law should be informed about the date and time of the meeting. A new protocol should be completed. This new protocol should contain the word "repetition" and send to the Central Election Commission immediately.
    5. If the Territorial Election Commission finds any mistakes, inadmissible corrections or differences in the protocols (including other documents) provided by the Precinct Election Commissions, it can make a decision on recounting the votes in the relevant precinct. Votes are recounted with the participation of the Territorial Election Commission members who have the decisive voting right. Persons mentioned in the article 26.2 of this law are informed in advance about the recount. A relevant protocol is completed on recount of votes and this protocol is recorded "recount of votes".

Article 73. Determination of Results of Voting in the Single Multi-Mandate Election districts

    1. Within 5 days after the polling day the Central Election Commission summarizes all information from the first copies of protocols #2 on the voting results (after the accuracy has been verified) of the Precinct Election Commissions and determines the results of election in the single multi-mandate election district. Summary of information from the protocols of the Territorial Election Commissions is performed directly and continuously by the CEC members with a decisive voting right.
    2. The number of voters participating in the elections in a single multi-mandate election district is determined on the basis of number of ballot papers which are in the determined form, inside of the ballot box.
    3. Political parties and blocks of political parties can get a mandate only if 6% of voters participating in the elections through the valid ballot papers have voted for the single list of candidates nominated by them.
    4. Using the quota and remainder method, mandates are distributed among the political parties and blocks of political parties proportionally, based on votes collected by political parties and blocks of political parties. Firstly, the number of votes required for the election quota, i.e. for receiving one mandate, is determined by dividing the total number of voters, who voted through the valid ballot papers, by the number of mandates for the multi-mandate district. Then, the number of votes cast for the single list of candidates nominated by political parties and blocks of political parties is divided by the election quota and the resulting number shows the number of mandates for each party. The remaining mandates are distributed based on the method of the highest remainder, that is, they are distributed consecutively by one to the single lists of candidates with most remaining votes after the previously described division.
    5. Candidates in a single list receive mandates based on their position in the list shown by the political parties and blocks of political parties.
    6. A candidate who has the right to receive a mandate can refuse to accept it. An application on refusal of receiving a mandate cannot be withdrawn. In such cases a mandate is given to the candidate whose name appears in the single list of candidates, whose name comes immediately after the name of a candidate who refused to receive a mandate and who was not considered to be given a mandate.
    7. The Central Election Commission considers the elections to be void in the single multi-mandate election district in the following circumstances:
    • if less than 25% of voters have participated in the elections in multi-mandate election district or
    • if none of the political parties and blocks of political parties could collect more than 6% of the votes.
    1. The Central Election Commission considers the elections to be invalid in the single multi-mandate election district in the following circumstances:
      1. if violations occurred during the conduct of voting or during the determination of the voting results, make it unclear as to what the will of the voters was;
      2. if in more than ¼ of single-mandate election district the election results have been canceled in more than ¼ of the voting stations within the relevant district;
      3. on the basis of court’s decision.
    2. The Central Election Commission includes the following information in the protocol on distribution of deputy mandates in the single multi-mandate election district among the political parties and blocks of political parties:
    • number of Territorial Election Commissions in the Azerbaijan Republic;
    • number of protocols #2, which the CEC used, provided by the Territorial Election Commission;
    • summary of information mentioned in paragraphs 6 and 8 of article 71 of this law and information from the protocols #2 of the TEC;
    • names of political parties and blocks of political parties which participate in the distribution of mandates, and number of votes given for the single list of candidates nominated by each of them;
    • name, surname, father’s name of each candidate elected as a deputy.

This protocol of the Central Election Commission is signed by members of the commission who have decisive voting rights. A table which contains the complete results of elections in single multi-mandate election district is attached to the protocol.

    1. If a commission member with a decisive voting right does not agree with the protocol or some parts of it, he/she can add his/her opinion to the protocol, and this is noted in the protocol. Complaints (applications) received by the Central Election Commission on violations of the requirements of this law and decisions made on them are attached to this protocol.
    2. Approved copies of the protocol and summarized table are submitted to the following persons:
    • all Central Election Commission members;
    • persons mentioned in the article 26.1 and 26.5 of this law who were present while determining the results of elections in multi-mandate election district;
    1. If mistakes, inadmissible corrections or differences are found in the protocol or summarizing table of the Central Election Commission after they are approved, the Central Election Commission must discuss the matter on making changes to the protocol and table in its meeting. Persons mentioned in the article 26.2 of this law, members of the CEC who participated in completing the protocol and observers (including representatives of mass media) are informed about the place and time of the meeting in advance.
    2. If the Central Election Commission finds any mistakes, inadmissible corrections or differences in the protocols (including other documents) provided by the Territorial Election Commissions, it can make a decision on recounting the votes in the relevant territory. Votes are recounted with the participation of the Central Election Commission members who have the decisive voting rights. Persons mentioned in the article 26.2 of this law are informed in advance about the recount. A relevant protocol is completed on recount of votes and this protocol is recorded as "recount of votes".

Article 74. Determination of General Results of Elections

    1. The Central Election Commission determines general results of elections within ten days, starting from Election Day, based on the protocols on determination of results of elections in single multi-mandate election district and on distribution of deputy mandates and the protocols #1 of the Territorial Election Commissions.
    2. The Central Election Commission considers the results of elections to be invalid in the single-mandate election districts if it cannot determine voters’ wills due to violations occurred during the conduct of voting or during the determination of voting results.

Article 75. Check and Approval of Results of Elections

    1. According to the article 85 of the Constitution, the Constitutional Court of the Azerbaijan Republic checks and approves the results of the elections.
    2. The Central Election Commission submits protocols #1 and #2 (together with documents attached to the protocol in accordance with this law) of the Territorial Election Commissions, its own decision on determination of election results in single multi-mandate election district to the Constitutional Court at latest 10 days after election day.
    3. After the Constitutional Court receives documents mentioned above, it enlists specialists and checks if they answer the requirement of this law within 10 days period.
    4. If TEC protocols and documents attached to them and the relevant protocol of the CEC answer the requirement of this law, the Constitutional Court approves the results of elections.
    5. If complete results of elections are not approved, new elections should be determined in accordance with the article 5 of this law.
    6. If election returns in the single multi-mandate election district; or in more than ¼ of the single-mandate election district; or the election results in a single-mandate election district are not approved, repeat elections are determined in accordance with the article 76 of this law.

Article 76. Repeated Elections

    1. The Central Election Commission conducts repeat elections in accordance with this law if:
    • elections are considered void or invalid in the relevant election district, based on the article 72, 73 and 74;
    • results of elections are not approved or canceled according to articles 75.6. and 85.4 of this law.

The repeated elections should be conducted not later than 90 days after the initial elections, or not later than 60 days after the elections have been announced void or invalid. During the repeat elections, election time schedules can be shortened in half. In such cases, the Central Election Commission can prolong activity period of Territorial and Precinct Election Commissions or can reform them in accordance with the articles 19-20 of this law. If repeat elections have been considered void based on article 72.2 of this law, other repeat elections can be conducted in the same district no later than a year after the last repeated elections.

    1. During repeated elections, a deputy of the Milli Majlis cannot nominate himself/herself as a candidate.

Article 77. Registration of Deputies Elected to Milli Majlis

    1. The relevant election commission informs the candidate elected as a deputy immediately after it signs the protocol on results of elections. Within at most 25 days the candidates elected as deputies should submit to the relevant election commission a copy of the order to release a position incompatible with his/her deputy status considered in paragraph 2 of article 85 of the Constitution (copies of documents which prove that he/she has submitted an application on resignation within three days) and an application which contains the candidate’s obligations on termination of his/her functions.
    2. If a candidate who is elected from the single list of candidates nominated by political parties and blocks of political parties and who has received a mandate does not perform the requirements considered by paragraph 1 of this article, that candidate is removed from the single list of candidates, and his/her mandate is given to another candidate from the same single list of candidates.
    3. If a candidate elected from a single-mandate election district does not perform the requirements of paragraph 1 of this article, the Central Election Commission cancels results of this election district and conducts repeated elections. If a candidate does not perform the requirements of paragraph 1 of this article, without compelling reasons considered by articles 48.16, and if due to these reasons repeated elections are determined, that candidate must return all state funds allocated by the relevant election commission due to repeated elections.
    4. After final results of elections are published and after a deputy is dismissed from his/her employment which is not compatible with the status of deputy, or after his/her functions are terminated, the Central Election Commission registers him/her as a deputy and issues him/her a deputy card.

Article 78. Publication of Election Returns and Voting Results

    1. After commission members approve information on election returns of electoral precincts and voting results in the election district and the relevant protocols, they are submitted to:
    • each voter;
    • each registered candidate;
    • agents of political parties and blocks of political parties;
    • observers;
    • authorised representatives of political parties and blocks of political parties;
    • representatives of mass media

upon the request made by any of the above to become familiar with relevant documents. The relevant election commission presents information mentioned above.

    1. The Territorial Election Commission and the Central Election Commission provide the mass media with information on results of elections within a day after election results of the relevant election commission are approved in accordance with the article 75.4 of this law.
    2. Within 45 days after Election Day, the Territorial Election Commission organizes official publication of information from the protocols #1 and #2 of all Territorial and Precinct Election Commissions by the mass media considered by article 52.3 of this law.
    3. Within at most 60 days after election day, the Central Election Commission publishes official information on:
    • final results of elections;
    • number of votes cast for candidates and single lists of candidates;
    • number of votes cast against all candidates and single lists of candidates.

Within this period the Central Election Commission publishes by its official press complete information on elected deputies and information from protocols #1 and #2 of the Territorial Election Commissions.

Article 79. Use of State Automated Information Systems during the Elections

    1. During conduct of elections the state automated information systems can be used completely or some of its technical means to obtain, transfer and develop information related to:
    • registering voters;
    • preparing voters lists;
    • determining voting results and election returns.

Requirements and rules for use of state automated systems are determined by the Central Election Commission.

    1. The relevant election commission creates a specific group consisting of commission members with decisive and consultative voting right to control use of state automated systems or some of its technical means. This group controls the following:
    • if state automated systems are ready to be operated;
    • accuracy of information from protocols of election commissions entered the information systems;
    • accuracy of information added to the protocol;
    • if instructions and other documents of the Central Election Commission on use of state information systems are followed;
    • completion of documents about actions considered for usage of information systems in accordance with time limits and plans of the relevant election commission.

This controlling group can invite specialists on automated information systems.

    1. All members of the election commissions and observers have the right to become familiar with any information received by and extracted from the automated information systems.
    2. Election commission members with decisive and consultative voting right included in the controlling group have equal rights and they can:
    • become familiar with any information received by the election commissions through technical communication means;
    • demand explanation on technical documentation of state information systems and on all actions of the technical personnel of information systems;
    • compare information prepared by technical equipment and by handwriting;

If any actions of personnel of state information system or observer contradict the law, the controlling group informs the chairperson of the election commission and proposes motions to correct these irregularities or to fire the persons who made this. Results of the investigations held by the controlling group information service of the relevant election commissions should be recorded in the current documents.

    1. The relevant election commission uses state information systems for observing election processes and results, based on relevant information received by superior election commissions from subordinate ones, from the time voting commences including until protocols on elections returns and voting results are approved. It is prohibited to send information from the information service of superior election commission to the information service of the subordinate election commission, except signals confirming the receipt of information.
    2. Information about election processes and results, obtained from the state information system is considered to be preliminary information which does not have legal importance.
    3. Information printed from the computer and included in the state information systems is attached to the protocol of the election commission which is preserved by the secretary of the commission. Accuracy of information printed from the computer is verified by the signatures of persons who are responsible for transferring information and members of controlling group.
    4. Information on turnout, initial and final results of voting and results of elections, which are included in the state information systems, should be included in the information-communication lines of common use for subscribers to get prompt information in accordance with the rules defined by the Central Election Commission.

Article 80. Security of Election Documents

    1. Documents of Precinct Election Commissions and election commissions are kept in the secure places. These documents are transferred to the Central Election Commission before terms of office of the Territorial and Precinct Election Commissions are finished.
    2. Election documents are preserved by the Central Election Commission for the period defined by the legislation.
    3. Ballot papers, voting cards and voters lists are preserved for at least six months from the date results of elections are officially published. Protocols on voting results of election commissions are preserved at least a year after a decision on determination of Election Day for the next elections is officially published. Financial reports of election commissions, final financial documents of registered candidates, political parties and blocks of political parties with a registered single lists of candidates are reserved at least a year after a decision on determination of election day for the next elections is officially published.
    4. The following documents are official documents:
    • ballot papers;
    • voting cards;
    • voters lists;
    • protocols of election commissions on voting results and attachments;
    • financial reports of election commissions;
    • final financial documents of registered candidates, political parties and blocks of political parties with registered single list of candidates.

Chairpersons and secretaries of election commissions are responsible for security and preservation of election documents until these documents are transferred to superior election commission or archive.

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

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

    1. If a deputy elected from the single list of candidates nominated by political parties and blocks of political parties is removed, the Central Election Commission submits the deputy mandate to another candidate from the same list in accordance with the rules defined by article 73.6 of this law.
    2. In case of circumstances considered by article 89.2.2 of the Constitution, chairman of Milli Majlis makes a decision on termination of powers of the deputies elected from the single list of political parties and blocks of political parties not later than two days after the relevant request is received. In case of breaks between the sessions the chairperson makes a decision within two days after meetings commence. Powers of deputy are terminated from the date of receipt of his/her application on termination of his/her powers, in accordance with the article 89.2.5 of the Constitution. In case of circumstances mentioned in the article 89.2.1 of the Constitution, the deputy is considered to lose his/her mandate from the date the Central Election Commission makes a decision on this. In the circumstances mentioned in paragraphs 3 and 6 of the same article deputies elected from the single list of deputies lose their mandates from the date a relevant court makes a decision on this.
    3. If a candidate violates the rules defined by article 85.2 of the Constitution, the Central Election Commission makes a decision on facts within 30 days from the date the relevant information is received. If requirements of the abovementioned articles of the Constitution are violated, the deputy loses his/her mandate from the date the decision is made.
    4. If functions of a registered political party are terminated in accordance with basis and rules of the Constitution or the legislation of the Azerbaijan Republic; and if deputies who are included in the single list of candidates of that political party (block of political parties) and have received mandates, lose mandates for this reason, due to the reasons mentioned in article 89 of the Constitution, so that twenty or more mandates remain vacant, additional elections should be conducted for a multi-mandate election district during the period mentioned in article 5 of this law.
    5. If a deputy is removed from the single list of candidates, and there are not more candidates on the list who have not got a mandate, deputy mandates will be vacant up to the next main elections to the Milli Majlis.

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

    1. In case of circumstances considered by article 89.2.2 of the Constitution, the chairman of the Milli Majlis makes a decision on termination of powers of the deputy elected from a single mandate election district in accordance with article 81.2 of this law, not later than two days after the relevant request is received. In case of breaks between the sessions, or during the sessions, the chairperson makes a decision within two days after meetings commence. Powers of deputy elected from the single mandate election district are terminated from the date of receipt of his/her application on termination of his/her powers, in accordance with the article 89.2.5 of the Constitution. In case of circumstances mentioned in the article 89.2.1 of the Constitution, the deputy is considered to lose his/her mandate from the date the Central Election Commission makes a decision on this. In the circumstances mentioned in paragraphs 3 and 6 of the same article deputies elected from the single list of deputies lose their mandates from the date a relevant court makes a decision on this.
    2. If a deputy elected from a single mandate election district violates requirements of article 85.2 of the Constitution, the Central Election Commission must make a decision on this information within 30 days from the date relevant information has been received. If violation of the requirements of the aforementioned article in the Constitution is found and approved, the deputy loses his/her mandate from the date the decision is made.
    3. The Central Election Commission conducts additional elections for the relevant single mandate election district within the period defined by the article 5 of this law, a month after a mandate has become vacant.
    4. If additional election for the single mandate election district has been considered invalid in accordance with the article 74.2 of this law, the next additional elections should be conducted not later than a year after the last additional election was conducted.
    5. A deputy cannot be a candidate during additional elections conducted for filling vacant deputy mandates.
    6. Nomination of candidates for a single-mandate election district, their registration and other election actions for the additional elections are implemented in accordance with rules determined by this law.

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

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

    1. Voters, candidates, registered candidates, political parties and block of political parties, agents of registered candidates, political parties and blocks of political parties, observers, as well as election commissions can file a complaint on decisions and actions (lack of actions) that violate citizens right to vote within seven days after that decision is published or submitted, or that action (omission) took place. If the violation mentioned in the complaint covers majority of citizens or if it is of great importance, the Central Election Commission can apply to the Supreme Court.
    2. A complaint may be filed about decision and actions (lack of actions) of state bodies, municipalities, political parties and officials that violate citizens’ rights to vote, or about decision and actions (lack of actions) of election commission and their officials with a court.
    3. A complaint about decisions and actions of the Central Election Commission and its officials should be filed with the Supreme Court, and a complaint about decision and actions (lack of actions) of the Territorial and Precinct Election Commissions should be filed with district (city) courts.
    4. In the circumstances considered by this law and other laws, the court may cancel decisions of the relevant election commissions (including results of voting, election results).
    5. If decisions of the election commissions are canceled by the court, the very election commission should make a new decision regarding the same issue, or superior election commission must make a decision based on the decision of the court. If such a decision is not made within five days after court’s decision comes into force, the court can make a decision on this issue.
    6. Conducting investigations on decisions about voting results, election results as well as on facts that violate this law does not mean that immunity of a candidate, elected in accordance with this law, has been violated. A candidate who is considered to be elected cannot refuse to testify as a witness during administrative, civil and criminal investigations regarding the complaints about violations of the right to vote that occurred when citizens elected him/her. It is not required to obtain permission of the newly elected Milli Majlis before it commences its work, for investigating decisions of election commissions on voting results and election results, for initial investigations and termination of immunity of candidates.
    7. A complaint can be filed about election commissions’ decisions and actions (lack of actions) which violate citizens’ rights to vote with superior election commissions.
    8. The election commission has the right to receive citizens’ and officials’ information, to demand necessary documents and materials while investigating the following issues:
    • on canceling single list of candidates and registered candidates;
    • on refusal of registration of candidate and single list of candidates;
    • on considering election of single list of candidates to be invalid;
    • on court procedures related to applications for invalidation of decisions proclaiming registered candidates or candidates from the single list of party as elected.
    1. The superior election commission has the right to cancel decision of subordinate election commission or to make a decision regarding the complaint or to give instructions on reinvestigating the issue.
    2. It is necessary to appeal to the superior election commission before applying to the court.
    3. If the court has received a complaint and if the same person has filed the similar complaint with the election commission, the latter stops investigations until decision of the court comes info force. The court should inform the election commission about the complaint received and about efficiency of court’s decision.
    4. A decision on complaints received by the election commissions is made within five days, and on Election Day and a day after the Election Day – immediately.

If matters mentioned in the complaint need additional investigation, then a decision on those complaints is made not later than 10 days. The court is to make a decision at least within 10 days after receipt of complaint on decision of election commission on voting results or election results.

Article 84. Cancel of Registration of Single List of Candidates and Registered Candidates, Refusal of Registration of Single List of Candidates and Candidates

    1. If a candidate, registered candidate, political parties or blocks of political parties violate requirements of this law, the relevant election commission warns them with informing the voters through the mass media. The election commission has the right to make a decision about the following issues irrespective of whether or not, the commission provided a warning about:
    • refusal of registration of candidates, single list of candidates;
    • cancel of registration of candidates, registered single list of candidates;
    • considering election of registered single list of candidates and candidates to be invalid;
    • canceling of decision on voting results and election results.
    1. The election commission can refuse to register single list of candidates and candidates under the following circumstances:
      1. if information submitted by candidates, political parties and blocks of political parties in accordance with this law is not accurate and if invalid information is of great importance;
      2. if a candidate not registered yet by the Territorial Election Commission or a single list of candidates nominated by political parties and blocks of political parties not registered yet by the Central Election Commission conducts election campaigning before the period considered by the article 50.1 of this law;
      3. if candidates, political parties and block of political parties execute actions prohibited by article 57.2 of this law;
      4. if organizations participate in collecting voters signatures; if the voters have been forced to sign during collecting signatures; if the voters have been rewarded for their signatures in support of the candidate;
      5. if a candidate nominated for a single mandate election district spends amount that exceeds by 0.05% the limit determined by this law of his/her election funds to finance his/her election campaign;
      6. if a political party and blocks of political parties spends amount that exceeds by 0.05% the limit determined by this law of their election funds to finance their election campaign;
      7. if a candidate nominated for a single-mandate election district spends amount that exceeds by 0.05% the limit determined by this law of his/her election fund;
      8. if political parties and blocks of political parties spend amount that exceeds by 0.05% the limit determined by this law of their election fund;
      9. if a candidate, political parties and blocks of political parties, as well as a political party which is included in the block of political party, authorised representatives of political parties and block of political parties are owners, founders of the relevant organizations; or if they are members of management of an organization, if they are engaged with charitable activities during the election campaigning, if they render financial assistance to physical or legal entities or they serve voters, if they help physical and legal entities to render such assistance, or of persons mentioned above render such assistance on behalf of them;
      10. if a candidate, political parties and blocks of political parties do not submit initial financial report;
      11. if authorised representatives of a candidate, political parties and blocks of political parties use their positions during election campaigning;
      12. in case of other circumstances considered by this law.
    2. Registration of a candidate a single list of candidates can be canceled one day prior to election day by the election commission or court in the following circumstances:
      1. if circumstances mentioned by paragraph 2 of this article are found after a candidate, or a single list of candidates have been registered;
      2. if registered candidates, political parties, blocks of political parties, agents of candidates, authorised representatives or agents of political parties and blocks of political parties conduct election campaign in military units, military organizations and military offices;
      3. if registered candidates, political parties, blocks of political parties, or their agents produce and distribute printed, audiovisual election campaign materials violating article 56.3-4 of this law.
      4. if organizations, managers of which are registered candidates, political parties, block of political parties, agents of registered candidates, political parties and block of political parties, conduct charitable activities; if they offered other organizations to render financial assistance to physical and legal entities; if they promised physical and legal entities to render such assistance;
      5. if a registered candidate, authorised representatives of political parties and blocks of political parties use their positions during election campaigning;
      6. if a registered candidate, political parties and blocks of political parties do not submit their financial reports within the defined period;
      7. if a registered candidate who occupies a position in state or municipal bodies does not stop his/her functions during his/her participation in elections;
      8. if registered candidates, political parties and blocks of political parties with a registered list of candidates, as well as a political party which is included in the block of political parties, their authorised representatives, agents of registered candidates, political parties, blocks of political parties or other persons on their requests act as prohibited by article 57.2 of this law;
      9. if a candidate registered for a single-mandate election district spends money to finance his/her election campaign more than limit (0.05%, as defined by this law);
      10. if political parties and blocks of political parties spend money to finance their election campaign more than the limit (0.05% as defined by this law);
      11. if a candidate registered for a single-mandate election district spends more than the limit from his/her election funds (0.05% as defined by this law);
      12. if political parties and blocks of political parties with a registered single list of candidates spend money form their election funds more than the limit (0.05% as defined by this law);
      13. if registered candidates, political parties and blocks of political parties with a registered single list of candidates use illegal donations transferred to their election funds.
    3. The Central Election Commission can cancel registration of a single list of candidates if rules considered by article 48.11 of this law are violated.
    4. If candidates, registered candidates, political parties and blocks of political parties abuse the mass media, the election commission can cancel their registration or apply to the court on this matter. In such cases, executive authorities, physical and legal entities can apply to the court as well. If the court discovers abuse of mass media, it cancels registration of the single list of candidates.

Article 85. Cancel of Decisions of Election Commissions on Voting Results and Election Returns

    1. The Central Election Commission can apply to the Supreme Court to consider election of candidate and single list of candidate invalid, after the election returns are published officially, if it finds out violations considered by article 84 of this law made by registered candidates, political parties, and blocks of political parties.
    2. If the court defines irregularities mentioned in article 84 of this law, and if it considers that it is impossible to determine the voters’ intention due to those irregularities, it cancels the decision on election results of the relevant election commission. The deputy (deputies) loses his/her powers in such cases.
    3. The relevant court can cancel the decision of election commission on voting results and on election returns for a single-mandate or single multi-mandate election district if the following irregularities occur:
    • preparation of voters list in an election district is violated;
    • formation of election commissions, for voting, for vote count and determination of election results are violated;
    • other irregularities considered by this law; if due to these actions (lack of actions) and it is not possible to determine the voters’ intention.
    1. The relevant court and the Central Election Commission can cancel the decisions of Territorial and Precinct Election Commissions on voting results and election returns in the cases considered by this law.
    2. If results of elections are invalid in more than ¼ of precincts, elections can be considered invalid in the relevant single-mandate election districts. If results of elections are invalid in more than ¼ of election district, elections for a single multi-mandate election district can be considered invalid.
    3. Irregularities occurred during the assistance to elect candidates and single lists of candidates who are not elected cannot be the basis for canceling a decision on election results.

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

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

CHAPTER XIII.
FINAL AND TRANSITIONAL PROVISIONS

Article 87. Date of Effect of this Law

    1. This law takes effect from the day it is published.
    2. The law "On Elections to Milli Majlis of the Azerbaijan Republic", adopted on August 15, 1995, is considered to lose its force.
    3. If a municipality does not have a chief, or a person has not been appointed yet who is authorised to perform election actions considered by this law, election actions should be performed by the relevant executive authorities or other persons appointed by them. The Supreme Court of the Azerbaijan Republic implements the powers mentioned in this law, until the Court of Appeal is formed and until the Civil Procedural Code of the Azerbaijan Republic adopted on December 28, 1999 has come into full force.

Heydar Aliyev,

President of the Azerbaijan Republic

July 5, 2000

Baku

 

 

 


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