Law on Central Election Commission (2000)

IFES/OSCE joint unofficial translation – 12 06 2000

LAW OF THE AZERBAIJAN REPUBLIC

On the Central Election Commission of the Azerbaijan Republic

Article 1. Statute of the Central Election Commission of the Azerbaijan Republic

In accordance with articles 83 and 101 of the Constitution of the Azerbaijan Republic the Central Election Commission of the Azerbaijan Republic is a state body functioning on a permanent basis.

The Central Election Commission of the Azerbaijan Republic carries out elections for the President of the Azerbaijan Republic and for members of the Milli Majlis of the Azerbaijan Republic.

Article 2. The rules of establishment of the Central Election Commission of the Azerbaijan Republic

The Central Election Commission of the Azerbaijan Republic consists of 18 members. One third of the Central Election Commission represents the political party with a majority of elected deputies in the Milli Majlis from the multi-seat constituency who nominate their candidacy. One third of the CEC members represent non-partisan deputies who nominate their candidacy. One third of the CEC members represent political parties from the minority of elected deputies to the Milli Majlis from the multi-seat constituency who nominate their candidacy. Non-partisan deputies nominate candidates to the CEC who should be independent jurists. Interested sides agree on the candidacy of two independent jurists. One candidate is selected by the representatives of the political party with a majority of elected deputies to the Milli Majlis from the multi-seat constituency. The another one is selected by the representatives of the political parties with a minority of elected deputies to the Milli Majlis from the multi-seats constituency.

Nine members of the Central Election Commission of the Azerbaijan Republic are appointed by the Milli Majlis of the Azerbaijan Republic, and another nine members are appointed in accordance with paragraph 32, article 109 of the Constitution of the Azerbaijan Republic.

The term of office of members of the Central Election Commission is 6 years. One third of the CEC members are re-nominated by the state body which delegated them to the CEC every two years in equal numbers as mentioned in this article.

Members of the Central Election Commission of the Azerbaijan Republic shall not be members of any political party.

Members of the Central Election Commission should have higher education.

The chairman of the Central Election Commission of the Azerbaijan Republic, his deputies and secretaries are elected at the first meeting of the Commission by members according to the rules mentioned in Article 3 of this Law on the basis of an open ballot.

Article 2-1. Powers of the Central Election Commission of the Azerbaijan Republic.

The Central Election Commission:

  • exercises control over the observance of rights of citizens to participate in elections and referenda.
  • develops specifications for technical equipment required for functions of the lower level election commissions. Approves the mentioned specifications and exercises control over use of these specifications.
  • maintains programs in relation to preparation and conduct of elections and referenda, improves election systems, provides voter education and training for members of the election commissions.
  • carries out steps relating to financing elections and referenda, approves the uniform rules for distribution of radio and TV time for registered candidates, election alliances and election blocks. Establishes election and referenda results, as well as arranging for their publication.
  • distributes funds allocated to it from the state budget for financing the preparation and conduct of elections and referenda. monitors proper use of these funds;
  • renders legal, methodological, organisational and technical assistance to election commissions;
  • determines the specifications for production of ballots, voter lists for referenda and other election and referendum documents;
  • considers complaints and statements concerning decisions and actions (inaction) of lower-level election commissions and makes well-grounded decisions thereon;
  • exercises other powers in compliance with the legislation of the Azerbaijan Republic.

The Central Election Commission, jointly with an appropriate executive body and bodies of local self-government, arranges the uniform system of voter registration.

The Central Election Commission, within the limits of its competence, adopts instructions and methodological guidelines on the application of legislation on elections and referenda.

If a lower-level election commission infringes on the right of citizens to participate in election and referenda, and the said infringement results in the voting returns in the corresponding territory being declared null and void by the Central Election Commission (or by the relevant court) the said election commission or referendum commission may be disbanded by the Central Election Commission.

The Central Election Commission’s decision to dissolve a lower-level commission may be appealed in the Supreme Court of the Azerbaijan Republic by persons who have the right to do so in accordance with legislation.

The said appeal is urgently taken for consideration and the relevant decision is taken in no longer than one week. Where a decision of the Supreme Court of the Azerbaijan Republic is in force, the corresponding low-level commission should be set up in accordance with the appropriate law regulation in no longer than one week.

Article2-2. Powers of the Central Election Commission during the elections to the Milli Majlis

The Central Election Commission exercises the following powers while preparing for and conducting elections to the Milli Majlis:

  • manages the activities of the Territorial and Precinct Election Commissions.
  • exercises control over the observance of the Azerbaijan Republic citizen’s electoral rights while preparing for and conducting elections.
  • ensures the equal application of the "Election Law to the Milli Majlis of the Azerbaijan Republic
  • prepares and approves the scheme of establishment of the single mandate election precincts
  • arranges the registration in appropriate single mandate election districts of the voters living in the Azerbaijan Republic on the basis of the information submitted by the relevant executive bodies according to the scheme of establishment of the single mandate election precincts
  • creates Territorial Election Commissions on the basis of the principles by which this commission has been created itself
  • adopts instructions and other regulations on application of the Election Law of the Milli Majlis of the Azerbaijan Republic
  • renders legal, methodological, organisational and technical assistance to election commissions;
  • exercises the management of the election commission activity to provide equal use of the State Automated Information System
  • registers election alliances and election blocks
  • approves the single list of candidates nominated by the election alliances and election blocks
  • registers the single list of the candidates nominated by the election alliances and election blocks
  • publishes the general list of registered candidates
  • registers authorised representatives, attorneys for the election alliances and election blocks
  • issues an identification document in a defined form to the candidates, attorneys, authorised representatives of election alliances and election blocks from the single multi-mandate election district
  • exercises control over observation of pre-election activity by all candidates, registered candidates, election alliances and election blocks defined by the Law of the Azerbaijan Republic in relation to the Elections to the Milli Majlis of the Azerbaijan Republic.
  • approves samples of ballot papers, voter lists and other electoral documents and arranges their production and protection

     

  • approves the samples of stamps of the election commissions.
  • approves the rules for storing and handling election documents in the archives

     

  • distributes funds allocated from the state budget for financing the preparation and conduct of elections among the election commissions.
  • monitors proper use of the said funds and other funds received by the foundations for the candidates. registered candidates, election alliances and election blocks.
  • provides the allocation of equal amounts of the airtime among the candidates of the election alliances and election blocks.
  • approves instructions for the technical supply of the lower level election commissions and exercises control over use of these instructions.
  • informs voters about the date, rules of election activities and the course of the election.
  • exercises control over the provision to the election commissions of rooms, transport and communication means and solves other issues related to the financial and technical supply of the elections
  • examines complaints on the decisions, action(inaction) of lower-level election commissions and their high officials, makes well-grounded decisions thereon.
  • determines elected deputies among the deputies registered in single mandate election districts and the registered deputies nominated in the single multi-mandate election district by the election alliances and election blocks, issues appropriate identification cards to them.
  • officially publishes the election results, including information in the protocols of the Precinct Election Commissions, of the Milli Majlis of the Azerbaijan Republic
  • makes lists of the elected deputies, submits these lists and the necessary documents to the Milli Majlis
  • arranges repeat elections and elections to replace deputies who vacate their positions
  • implements other powers mentioned in "the Law of the Azerbaijan Republic on the Elections to the Milli Majlis of the Azerbaijan Republic

Article 2-3. Authority of the Central Election Commission of the Azerbaijan Republic during Presidential Elections of the Azerbaijan Republic.

The Central Election Commission, in accordance with rules defined by the law ın preparation for, and conduction of, the Presidentıal Elections, carries out the following functions:

  • leads the work of the activities of Territorial and Precinct Election Commissions;
  • ensures equal application of the law and controls legality during preparation for and conduct of the Presidential Election of the Azerbaijan Republic;
  • adopts compulsory instructions and other statements of procedures which relate to implementation of the Law "On Election of the President of the Azerbaijan Republic" for election commissions which carry out preparation for and conduction of the Presidential Election of the Azerbaijan Republic.
  • creates Territorial Election Commissions according to self organising principles;
  • registers initiative groups of voters, voters associations and voters blocks;
  • registers candidates for the Presidency and their agents;
  • provides candidates for the Presidency and their agents with IDs in defined form;
  • ensures equal legal conditions for all candidates for the Presidency for pre-election activity;
  • receives necessary information from executive powers and local self government bodies according to this law which relates to preparation for and conduct of elections.
  • approves samples of the ballot paper, voters lists and other election documents;
  • defines a single order of numbering for precincts;
  • approves samples of stamps of election commissions and defines rules of distribution and preservation of election documents;
  • distributes finance assigned from the budget for preparation for and conduct of the election, controls its spending against each activity, ensures activity of election commissions is within the time of their authority;
  • ensures election commissions have premises, transport and means of communication and settles other issues relating to material and technical arrangements to ensure the conduct of the election;
  • examines complaints on decisions and the actions (inaction) of the lower-level election commissions and makes resolutions and provides grounds on these complaints (applications);
  • defines a single order of preparation for election results;
  • determines the results of the Presidential Election;
  • officially publishes the results of the Presidential Election of the Azerbaijan Republic including information from the protocols of the Precinct Election Commissions;
  • gives documents related to the preparation for and conduction of the election to the state archive;
  • organises the conduct of any repeated voting for the Presidential Election;
  • conducts any repeated Presidential Election;
  • carries out other authorised activities in accordance with the Law On The Election Of The President Of The Azerbaijan Republic.

Article 2- 4. Authority of the Central Election Commission during the Municipal Elections of the Azerbaijan Republic.

The Central Election Commission:

  • ensures observance of legality during conduct of the elections, ensures equal application of the Law "On Rules For Municipal Elections";
  • adopts instructions and other election documents which relate to issues of application of the Law "On Rules For Municipal Elections", organises training-seminars for members of election commissions;
  • creates Territorial Election Commissions according to self organizing principles;
  • defines a single order of numbering for precincts;
  • approves samples of the ballot papers, voters lists and other election documents and organises their printing;
  • approves samples of stamps of election commissions, rules of sending and security of election documents;
  • distributes the money assigned for the election from the state budget of the Azerbaijan Republic and controls its spending against each activity;
  • collects information related to the preparation for the elections from the state bodies;
  • defines rules for publishing pre-election campaign materials in the press;
  • examines received complaints and answer them in time;
  • makes a decision on holding of repeated and by-elections based on the submission of a Territorial Election Commission;
  • makes a decision on conducting of repeated elections
  • carries out other actions authorised by the Law "On The Rules For Municipal Elections".

Article 3. Taking decisions by the Central Election Commission of the Azerbaijan Republic

The Central Election Commission of the Azerbaijan Republic takes decisions within its competence.

The Chairperson of the CEC represents the political party which has a majority of the elected deputies to the Milli Majlis from the single multi-mandate constituency. One of the Secretaries of the CEC represents deputies who are not members of any political party, and the other one represents political parties which have a minority of elected deputies to the Milli Majlis from the single multi-mandate constituency. "The CEC decisions are taken by open voting by a majority of 2/3 of members present at the CEC session:

In cases where 12 members take part in a meeting of the CEC a majority of votes is not less than 8 members. For 13 members who vote a majority is not less than 9 members. For 14 or 15 members who vote a majority is at least 10 members. For 16 members who vote a majority is at least 11 members. For 17 or 18 members who vote a majority is at least 12 members. The CEC decisions are signed by the CEC Chairman and the CEC Secretaries. In cases where the above-mentioned persons do not sign a decision of the CEC, the same decision can be signed by members of the CEC who voted for it. Decisions of the CEC must be officially published within two days."

A CEC meeting is authorised if there are not less than two thirds of its members taking part in that meeting.

Article 4. The statute of the members of the Central Election Commission of the Azerbaijan Republic

A member of the Central Election Commission of the Azerbaijan Republic has to participate at all meetings of the Commission.

Members of the Central Election Commission act according to the regulations of the Central Election Commission and are responsible for their actions.

Candidates to the Presidency of the Azerbaijan Republic and to the membership of the Milli Majlis of the Azerbaijan Republic, their immediate relatives, their trusted representatives, persons in their immediate subordination, plenipotentiary representatives and observers of the political parties, voters initiative groups, election associations, election blocks and members of a lower level election commission can not be members of the Central Election Commission of the Azerbaijan Republic.

A member of the Central Election Commission of the Azerbaijan Republic:

  • is informed in advance of the meetings of the Commission,
  • participates at the meetings of the Commission, makes proposals with regard to the issues within the competence of the Commission, participates in voting on these issues;
  • can put questions to the other members of the Commission on the issues in the agenda of the meeting, can receive answers on the substance of the questions;
  • has the right to be acquainted with any document of relevant election commissions, and to have certified copies of these documents.

When a member of the Central Election Commission is dismissed from membership of the commission before his/her term of office ends, immediately according to the rules mentioned in the Article 2 of the Law a new member is assigned by the relevant state body. A member of the Central Election Commission of the Azerbaijan Republic can be relieved of his membership by the decision of the body that appointed him in the following cases:

  • his written appeal to be relieved of his functions;
  • leaving the citizenship of the Azerbaijan Republic;
  • official entry into force of the decision of the court on charges against him;
  • becoming a candidate to the Presidency of the Azerbaijan Republic or to the membership to the Milli Majlis of the Azerbaijan Republic;
  • becoming an immediate relative of the candidate to the Presidency of the Azerbaijan Republic or to the membership to the Milli Majlis of the Azerbaijan Republic, their entrusted representative, an immediate subordinate of theirs, as well as of political parties;
  • becoming a plenipotentiary representative or observer of the candidates to the Presidency of the Azerbaijan Republic or to the membership to the Milli Majlis of the Azerbaijan Republic, political parties, voters initiative groups, election associations, election blocks;
  • in case of entry into force of the decision of the court on his losing capacity or on partial capacity to perform his functions, as well as on his missing, or being dead.
  • in case he/she is a member of a lower-level election commission;
  • in case he/she doesn’t discharge his/her duty and the verdict of the court which came in force provides for it.

During the term of his membership the member of the Central Election Commission of the Azerbaijan Republic can not be relieved of his duties by the initiative of his employer, or transferred to another job without his consent.

Central Election Commission members are paid a salary for their work during the elections.

A member of the Central Election Commission of the Azerbaijan Republic can be neither subject to criminal charges, nor subject to administrative penalty by the decision of the court, without the consent of the General Prosecutor of the Azerbaijan Republic.

In the period of the elections, members of the Central Election Commission of the Azerbaijan Republic have the right to use long distance and local public transportation means (except taxis and chartered flights) free of charge for movement across the country. The transportation expenses across the country are covered by the budget of the Central Election Commission.

Article 5. The modalities of the work of the Central Election Commission of the Azerbaijan Republic

Within the framework of the allocations defined by the state budget for the Central Election Commission of the Azerbaijan Republic it establishes the salary of the members of the Central Election Commission of the Azerbaijan Republic, the structure of the secretariat, its table of posts and salary of the members of the secretariat. The Chairman of the CEC distributes positions amongst the members of the CEC including Deputies to the Chairman of the CEC and Secretaries of the CEC.

The Central Election Commission of the Azerbaijan Republic has its own official publication.

The Central Election Commission of the Azerbaijan Republic is a judicial person.

Article 6. Complaints on decisions of the Central Election Commission.

A person can apply to the Supreme Court of the Azerbaijan Republic with a complaint on a decision of the Central Election Commission of the Azerbaijan Republic. The Supreme Court of the Azerbaijan Republic examines complaints on decisions of the Central Election Commission of the Azerbaijan Republic within 5 days. A complaint on a decision of the Central Election Commission can be submitted to the Supreme court of the Azerbaijan Republic within 7 days starting from the day it is officially published.

Article 7. Entry into force of the Law

This Law enters into force as of the date of its publication.