Law of the Azerbaijan Republic on Approval and Entry into Force of the Election Code (2003)

Law of the Azerbaijan Republic

On Approval and Entry into Force

of the Election Code of the Azerbaijan Republic

The Milli Majlis of the Azerbaijan Republic decrees the following:

The Election Code of the Azerbaijan Republic shall be approved.

It shall be determined, that Articles 24, 30.3, 36.1 and 36.2 are to enter into force on the day of the first meeting of the Milli Majlis of the Azerbaijan Republic, to be re-elected in 2005.

The following composition shall be determined for organization of the Central Election Commission of the Azerbaijan Republic, until the period stipulated in Article 2 of the present Law:

The Central Election Commission of the Azerbaijan Republic (hereinafter the Central Election Commission) shall consist of 15 members. Members of the Central Election Commission shall be elected by the Milli Majlis. Duties, responsibilities and working procedures of the Central Election Commission composed in such order, shall be regulated by the Election Code of the Azerbaijan Republic.

6 members of the Central Election Commission shall represent the political party deputies of which, elected from multi-mandate (nationwide) election constituency, are in majority in the Milli Majlis, and which nominates them; 3 members shall represent the political parties, deputies of which, elected from multi-mandate (nationwide) election constituency, are in minority in the Milli Majlis, and which nominate them; 3 members shall represent the deputies elected from single-mandate election constituencies, which represent the political parties that failed to gain seats in the Milli Majlis at the result of the elections on multi-mandate (nationwide) election constituencies, or the deputies which are elected independently and nominate them (hereinafter the deputies elected from single-mandate constituencies); and 3 members shall represent 4 political parties which have participated in elections on multi-mandate (nationwide) election constituencies and nominate them, and which have not gained seats in the Milli Majlis and collected the majority votes in the elections on multi-mandate (nationwide) election constituencies.

Each of the above groups shall present an ex-judge or a representative from a public organization, who is specialized in democracy and human rights fields, to be elected as a member to the Central Election Commission. At least half of the candidates to the Central Election Commission membership, nominated by each of the above groups, should be lawyers.

The Chairperson and Deputy Chairperson of the Central Election Commission shall represent the political party, deputies of which, elected from multi-mandate (nationwide) election constituency, are in majority in the Milli Majlis. One of the Secretaries of the Central Election Commission shall represent the political parties, deputies of which, elected from multi-mandate (nationwide) election constituency, are in minority in the Milli Majlis, and the deputies elected from single-mandate election constituencies; and another Secretary shall represent 4 political parties which have participated in elections on multi-mandate (nationwide) election constituencies and which have not gained seats in the Milli Majlis, and collected the majority votes.

A meeting of the Central Election Commission shall be considered authorized, when at least 10 members of the Commission are present.

Decisions of the Central Election Commission shall be adopted in the following order:

    if 10 members of the Central Election Commission are present– by a majority of at least 7 of its members;

    if 11 or 12 members are present– by a majority of at least 8 of its members;

    if 13 members are present - by a majority of at least 9 of its members;

    if 14 or 15 members are present - by a majority of at least 10 of its members.

The following composition shall be determined for organization of Constituency Election Commissions, until the period stipulated in Article 2 of the present Law:

A Constituency Election Commission shall consist of 9 members and be formed by the Central Election Commission.

3 members of the Constituency Election Commission shall be nominated by the Central Election Commission members who represent the political party deputies of which, elected from multi-mandate (nationwide) election constituency, are in majority in the Milli Majlis; 2 members shall be nominated by the Central Election Commission members who represent the political parties deputies of which, elected from multi-mandate (nationwide) election constituency, are in minority in the Milli Majlis; 2 members shall be nominated by the Central Election Commission members who represent the deputies elected from single-mandate election constituencies; and the other 2 members shall be nominated by the Central Election Commission members who represent 4 political parties which have not gained seats in the Milli Majlis and collected the majority votes in the elections on multi-mandate (nationwide) election constituencies.

A meeting of a Constituency Election Commission shall be considered authorized, when at least 6 members of the Commission are present.

Decisions of a Constituency Election Commission shall be adopted in the following order:

    if 6 members of the Constituency Election Commission are present– by a majority of at least 4 of its members;

    if 7 or 8 members are present - by a majority of at least 5 of its members;

    if 9 members are present - by a majority of at least 6 of its members.

The following composition shall be determined for organization of Precinct Election Commissions, until the period stipulated in Article 2 of the present Law:

A Precinct Election Commission shall consist of 6 members and be formed by the Constituency Election Commission.

3 members of the Precinct Election Commission shall be nominated by the Constituency Election Commission members who represent the political party deputies of which, elected from multi-mandate (nationwide) election constituency, are in majority in the Milli Majlis; 1 member shall be nominated by the Constituency Election Commission members who represent the political parties deputies of which, elected from multi-mandate (nationwide) election constituency, are in minority in the Milli Majlis; 1 member shall be nominated by the Constituency Election Commission members who represent the deputies elected from single-mandate election constituencies; and the other 1 member shall be nominated by the Constituency Election Commission members who represent 4 political parties which have not gained seats in the Milli Majlis and collected the majority votes in the elections on multi-mandate (nationwide) election constituencies.

A meeting of a Precinct Election Commission shall be considered authorized, when at least 4 members of the Commission are present.

Decisions of a Precinct Election Commission shall be adopted in the following order:

    if 4 or 5 members of the Precinct Election Commission are present– by a majority of at least 3 of its members;

    if 6 members are present - by a majority of at least 4 of its members.

Shall Constituency and Precinct Election Commissions not be completely formed for the periods specified correspondingly in Articles 30.1 and 36.4 of the Election Code of the Azerbaijan Republic, meetings of such commissions are considered authorized if more than half of the appointed commission members are present, and decisions are adopted by simple majority of votes of the appointed members.

If the number of members participating in a meeting of an election commission is less than specified in Article 19.9 of the Election Code of the Azerbaijan Republic, the meeting shall be postponed, and the next meeting be summoned for discussion of the significant issue (during the period of less than 6 days prior to the Election Day and within at least 3 hours before the elections). If at the next regular meeting the number of members is again less than two thirds, then the third meeting shall be summoned (during the period of less than 6 days prior to the Election Day and within at least 3 hours before the elections). Shall the number of members participating at the third meeting be again less than two thirds, then the number of members necessary for the meeting to be considered authorized is decreased from two thirds to half.

If during discussion at the election commission, the decisions, deadlines for adoption of which are specified in the Election Code of the Azerbaijan Republic, are not adopted 3 times by voting in accordance with Articles 3.6, 4.4 and 5.3 of this Law, and if discrepancies arisen herein are not resolved, then the majority of votes necessary for adoption of the decision shall be replaced with simple majority of votes.

If no municipalities are established in an inhabited area, then the responsibilities provided for in Article 29.7.4 of the Election Code of the Azerbaijan Republic shall be carried out by the local executive authorities.

The Law of the Azerbaijan Republic "On Elections to the Milli Majlis of the Azerbaijan Republic" (July 5, 2000, #900-IQ), the Law of the Azerbaijan Republic "On Election of the President of the Azerbaijan Republic" (June 9, 1998, #503-IQ), the Law of the Azerbaijan Republic "On Rules of Elections to Municipalities" (July 2, 1999, #699-IQ), the Law of the Azerbaijan Republic "On the Central Election Commission of the Azerbaijan Republic" (May 15, 1998, #496-IQ), and the Law of the Azerbaijan Republic "On Referendum" (December 30, 1997, #425-IQ) shall be considered invalid.

Heydar ALIYEV

President of the Azerbaijan Republic

Baku

May 27, 2003