Law on Local Elections (1999)

The Law of the Republic of Azerbaijan Republic

on Rules for Elections to Municipalities Local Government Bodies

Section I:

Common Provisions

Article 1 The Main Principles of the Elections

The Municipalities Local Government bodies which implement local self-governance (city, region, districts in a city, towns, settlements, villages) in the Republic of Azerbaijan shall be elected by the citizens of the Azerbaijan Republic according to this law, by means of a free, in person and secret ballot on the basis of a common, equal, direct electoral right according to by a multi mandate election areas majoritarian system.

Article 2 Term of Office of Municipalities Local Government Bodies

2.1 The term of office of municipalitieslocal government bodies is 5 years.

2.2 The powers of municipalities local government bodies commence from the first day they meet and end on the first day the newly elected municipalities local government councils meet. The powers of members of municipalities the local government councils can only be exercised during their term of office.

Article 3 Suffrage

3.1 On election day all citizens of the Republic of Azerbaijan who are 18 or more than 18 years old have the right to vote to elect representatives to a municipalitylocal government council.

3.2 On election day citizens of the Republic of Azerbaijan Republic who are at least 21 or more than 21 years old can be elected to be a member of a municipality local government council.

3.3 Officials Employees of organisations of executive authorities of the State, judges, employees of law enforcement agencies, clergy, or those who are in military service, or alternative service cannot be elected as a member of a municipalitylocal government council. If officials of organisations of executive authorities of the State, judges, employees of law enforcement agencies such persons are registered as candidates, they must be released from their positions within 3 days and present documents showing this to the relevant Territorial Election Commission. If this is not done, their candidate registration will be cancelled.

3.4 Persons Persons who have committed crimes against the State, regardless if they have served their term or not, those who are currently serving time for serious crimes according to Article 7 -1 of the Criminal Code of the Republic of Azerbaijan, and those who are currently serving a sentence of deprivation of liberty in any form by judgment of the courts, for serious crimes according to Article 7 -1 of the Criminal Code of the Azerbaijan Republic, regardless of whether they are in prison or part of their sentence has been remitted, cannot be elected as a member of a municipality.local government council..

3.5 3.3 Those persons who have been found to be mentally incapacitated in accordance with rules specified in legislation of the Republic of AzerbaijanAzerbaijan Republicby a court are not allowed to participatetake part in the elections for municipalities local government bodies.

3.64 It is prohibited to limit the electoral rights of the citizens of the people of Azerbaijan Republic directly, indirectly or in other form because of a personís origin, political thought, social or material position, race or creed, gender, education, language, religious attitude, type of business and character.

3.75 Voters are to directly elect the members of municipalitieslocal government council members.

3.86 Voters vote in person and in secret. It is prohibited to control votersí choices of who they vote for.

Article 4 Determination of Eelections for Municipalities Local Government Bodies

4.1 Elections for municipalitieslocal government are determined by the President of the Republic of Azerbaijan. The decree on the determination of the elections day issued by the President of the Azerbaijan Republic is must be published officially.

4.2 Elections for municipalities must be held on a Sunday.

4.3 At least 120 days before the term of office of the incumbent municipalities local government bodies terminates, new elections must be held. Elections for local government bodies must be held on Sundays.

Article 5 Elections to Municipalities Local Government Bodies

5.1 According to this law the number of members of municipalitieslocal government councils, elected on the basis of a majoritarian system, are to be as follows:

In a local government area with less than 500 population Ė 5 municipal members

In a local government area having 500 to 1,000 population - 7 3 municipal council members

In a local government area having 1,000 to 5,000 population - 9 5 municipal council members

In a local government area having 5,.000 to 10,.000 population - 11 7 municipal council members

In a local government area having 10,.000 to 20,.000 population -Ė 13 9 municipal council members

In a local government area having 20,.000 to 50,.000 population - 15 11 municipal council members

In a local government area having 50,.000 to 100,.000 population -Ė 17 13 municipalcouncil members

In a local government area having 100,.000 to 300,.000 population -Ė 19 15 municipal council members

5.2 The representation norm for each electoral district created according the rules of this law is determined by dividing the number of voters living within the local government area by the number of council members to be elected.

Article 6 Expenses Concerned With the Preparation and Conduct of the Elections.

6.1 Expenses of organizing, preparing and conducting municipallocal government elections are to be paid from the state budget of the Republic of Azerbaijan and from municipal local budgets.

6.2 Rent for using the buildings and equipment of non-governmental organizations and enterprises for the activities of electoral commissions are to be paid by the state budget of the Republic of Azerbaijan and municipal local budgets.

6.3 Except for the exceptions noted in this law, fFunds from municipal local or state budgets of the Republic of AzerbaijanAzerbaijan Republic cannot be used to aid a candidate for a municipality in his/her nomination or pre-election campaign local government council.

Section II

Organization of Municipal Elections

Article 7 System of Election Commissions for Municipal Elections

The bodies organizing the preparation and conduct of elections for municipalities local government are as follows:

Article 8 Organization of the Central Election Commission

The Central Election Commission is formed according to the relevant law of the Republic of AzerbaijanAzerbaijan Republic.

Article 9 Powers of the Central Election Commission (CEC)

The powers of the Central Election Commission are as follows:

         determines the rules for numbering of precinctsto form Territorial Election Commissions (TEC);

         to controls the process that ensures legislation is followed during the preparation and conduct of the elections, and to ensures the equal application of this law;

         to adopt instructions and other enabling documents concerning the implementation of this law; to organizes training seminars for election commission members;

         determines the rules for numbering of precincts;

         to approves and publish samples of election ballot paperss, voter lists and other election documents and arranges for their printing;

         to approves samples of election commission stamps, and the rules regarding the transportation and protection of electoral documents;

         to distributes the funds allocated from the state budget of the RepublicAzerbaijan Republicís budgets for financing the preparation and conduct of the elections, and to controls expenditure for this purpose;

Article 10 The Organization of Territorial Election Commissions (TEC)

1.      10.1 A Territorial Election Commission is formed at least 95100 days before the election day. It consists of 9 members, who must be citizens of the Republic of AzerbaijanAzerbaijan Republic and who, have the right to vote, and who, as a rule, have higher education.

2.      A member of a Territorial Election Commission cannot be a member of any political party.

10.2 The Chairperson, deputy chairperson and secretary of a Territorial Election Commission are elected in a secret ballot at the first meeting of the members of the commission, by a simple majority vote.

10.3 The Chairperson, deputy chairperson and secretary are elected in a secret ballot of the members of the commission, by majority vote.

10.4 Territories of municipalities are determined in accordance with the laws of the Azerbaijan Republic

10.3 The borders of electoral territories are defined at least 110 days before election day in accordance with relevant laws and administrative-territorial units (districts, towns, districts in the cities). Several electoral territories and Territorial Election Commissions can be created in one administrative-territorial unit depending on the number of voters.

10.5 10.4 Territorial Election Commission members are chosen, in accordance with the rules defined by the Central Election Commission, according to rules defined by the Central Election Commission, by casting lots among candidatespersons, who, as a rule, have higher education, and who have been nominated by the local public associationsunions, local branches of political parties and local voters' meetings in the relevant territory. Commissions comprised of three members, for controlling the casting of lots for membership of the Territorial Election Commissions, are organised in districts and towns (Ďdistrictsí in cities). Rules for organising commissions for the casting of lots are determined by the Central Election Commission.

10.6 Lots are cast amongst the candidates nominated by local public associations, local branches of political parties and local votersí meetings when the number of abovementioned candidates is not less than 1112. In exceptional cases additional candidates are nominated by the commissions for casting lots to make the number of candidates up to the required minimum for the casting of lotsIf the number so nominated is less than 12, additional candidates to make the number up to 12 are nominated by the Central Election Commission member who is organising the casting of lots. At least 11090 days before election day, the Central Election Commission approves samples ofmodel documents to be provided by these candidates stating that they were nominated nominated by the local public associationsunions, local branches of political parties or local voters' meetings, to be a member of the Territorial Election Commission.

10.7 Each political party which has nominated a candidate for a municipal election may appoint one member to the Territorial Election Commission. This member has equal rights to other members of the Territorial Election Commission.

10.8 If several political parties have nominated the same candidate for a municipal election, they may appoint only one, mutually agreed member to the Territorial Election Commission. If the registration of a candidate for a municipal election nominated by a political party is cancelled, the powers of the member of the Territorial Election Commission appointed by that political party are terminated, following the adoption of a decision to this effect by the Territorial Election Commission.

10.95 Territorial Election Commission members are provided with official written confirmation of their appointment in a form determined by the Central Election Commission.

Article 11 Powers of Territorial Election Commissions (TEC)

11.1 A Territorial Election Commission:

         controls the implementation of this law within its territory;

         informs voters about its address and telephone numbers not later than 3 days after being formed;

         defines and publicises the borders of precincts;

         controls the execution of this law within its territory;

         creates Precinct Election Commissionsdivides and distributes funding allocated from the budget for preparation and conduct of the elections and controls that funding was expended on the correct purposes;

         coordinates the activities of relevant Precinct Election Commissions, examines complaints (applications) received about their decisions and activities, and makes substantiated decisions on these complaints (applications);

         registers the candidates for election to municipalities in their election area municipal bodies and announces them officially; cancels the registration of candidates for election to municipalities mentioned in Article 3.3;

         registers advocates of the candidates for election to the municipality in their election area and issues them their ID cards in a standard formatcertificates;

         enters the candidatesí names, surnames, patronymics and party affiliations on the ballot papers;

         controls ensures that election campaigns of the candidates for member of a municipality in the election area can be conducted equallywithout bias;

         gives directions about the funding allocated for preparation and conduct of elections, distributes this funding amongst Precinct Election Commissions and controls expenditure for election purposes;

         gives directions about the funding allocated for preparation and conduct of the elections, distributes this funding amongst Precinct Electoral Commissions and controls expenditure for election purposes;

         provides the Precinct Election Commissions with ballot papers and other documents; for voting in the electoral districts;

         determines the voting results by electoral area district based on information received from the Precinct Election Commissions and informs voters and the mass media of these;

         submits copies of approved final protocols within 5 days to the Central Election Commission, and preserves Precinct Election Commissionsí protocols and other documents concerning the election;

         ensures Precinct Election oral Commissions are provided with accommodation, means of transportation and communications, and resolves other problems in connection with technical and financial support forelection materials or the technical conduct of the elections;

         organises by elections and additional elections;

         performs other duties according to this law.

11.2 Territorial Election Commissionsí powers terminate when the final election results are officially published.

11.2 The Territorial Election Commissionís term of office is the same as that of the municipality.

Article 12 Formation of Precinct Election Commission

1.      Precinct Election Commissions, comprised of 7 members, are formed by the relevant Territorial Election Commission, at least 80 70 days prior to election day.

2.      Precinct Election Commission members must not be a member of any political party.

12.3 Precinct Election Commission members are chosen, according to the rules defined by the Central Election Commission, according to rules defined by the Central Election Commission, by casting lots among candidates persons, who, as a rule, have higher education, and who have been nominated by the local public associationsunions, local branches of political parties and local voters' meetings in the relevant territory. Lots are cast amongst the candidates nominated by local public associations, local branches of political parties and local votersí meetings when the number of abovementioned candidates is not less than 9 12. If the number so nominated is less than 912, additional candidates to make the number up to 9 12 are nominated by the relevant Territorial Election Commission. member who is organising the casting of lots. At least 110 90 days before election day, the Central Election Commission approves samples of model documents to be provided by these candidates stating that they were nominated by the local public associationsunions, local branches of political parties or a local voters' meeting to be a member of the Precinct Election Commission.

12.4 Each political party which has nominated a candidate for a municipal election may appoint one member to the Precinct Election Commission. This member has equal rights to other members of the Precinct Election Commission. These members of the Precinct Election Commissions are governed by the provisions of Article 10.7

12.54 The Chairperson, deputy chairperson and secretary of the Precinct Election Commission are elected in a secret ballot at the first meeting of the members of the commission, by a simple majority vote.by secret ballot at its first meeting.

12.65 Precinct Election Commission members receive official written confirmation of their appointments from the Territorial Election Commission.

Article 13 Powers of the Precinct Election Commission

The Precinct Election Commission:

         must inform the population within 3 days of its formation about the address of the electionoral commission in the precinct, its telephone number, business hours, and also about voting day and the voting station location;

         ensures the accuracy of the voter lists for the electoral precinct;

         provides facilities to allow voters to review the voters lists, examines complaints (applications) about errors in the lists, and acts immediately to correct errors determines the result of these;

         ensures the preparation of the voting station, ballot-boxes and other equipment;

         ensures Administers compliance with the rules for placement of election campaign materials within the electoral precinct;

         organizes the election process in the precinct on election day;

         determines the voting results and election returns for the electoral precinct and provides this information to the Territorial Election Commission;

Article 14 Status of the Members of Election Commissions

14.1 A candidate for member of aa municipalitylocal government council, his/her advocates, his/her direct dependants, and observers cannot be a member of an election commission.

14.2 A Members of an election commissions:

         is are informed in advance about the meetings of the relevant commission;

         participates in the meetings of the commission, proposes motions on issues within the powers of the commission, takes part in voting on the abovementioned issues;

         can question election commission meeting participants during the discussion of items included in the agenda, and can receive answers to those questions;

         has the right to can familiarize him/herself with any documents in the possession of this commission and relevant subordinate election commissions, and can obtain verifiedget copies of these.

    1. The appointment of an election commission member can be terminated by an appropriate resolution, before the end of his/her term of office, in the following circumstances:
    1. If an election commission memberís powers are terminated in advance, new candidates are nominated and lots are cast according to the requirements of this law. At least 2 candidates must be nominated for any vacancy.

 

14.5 The salary of election commission members, who are temporarily released from their employment during the preparation and conduct of the election, is paid from the state funds budget allocated for the election.

14.6 During their term of office election commission members cannot be dismissed from their employment on the initiative of their employers, or transferred to another position without their own agreement.

 

14.7 Commission members cannot be indicted for a crime or be subjected to administrative penalties determined by a court, without permission of the territorial prosecutor.

14.87 Commission members have the right of free passage throughout the relevant electoral territory (except for taxis and other unscheduled transport services). These travel expenditures within Azerbaijan are paid from the Central Election Commissionís allocation of funds.

Article 15 Transparency in the Activity of the Election Commissions. Participation of Observers in the Election.

15.1 Election Commissions function transparently and openly.

    1. Observers from public associations (organisations) registered in accordance with the legislation gof the Azerbaijan Republic, as well as observers from political parties, foreign countries (international organisations) (hereinafter called observers) and representatives of the mass media have the right to be present at meetings of election commissions and other election activities performed by election commissions defined in accordance with this law. Observers and representatives of the mass media must be informed in advance of election activities.

15.3 Observers from public associations (organisations), political parties, foreign countries and international organisations are accredited by the Central Election Commission and provided with accreditation documents.

15.43 On election day, observers and representatives of the mass media have the right to be present in the precinct voting station from the time the Precinct Election Commission commences work, including until the while the commission has finalised is completing the voting result documents for the election.

15.54 Decisions of the relevant election commissions are immediately: published in the press, announced in other forms of mass media, or advised to voters publicised by other means.

15.6 5 Territorial Election Commissions and Precinct Election Commissions inform voters about the results of the candidates' registration, candidates autobiographies, the results of voting for each candidate as well as the results of the elections.

15.7 6 Public associations (oOrganizations) and political parties must provide written authorisation for the observers they have nominated. This document contains the observerís given name, last name, patronymic, place of living, and the number(s) of the precinct (precincts) to which he/she is assigned. This document is valid only if it is supported by the observerís passport and accreditation document. Precincts do not have to be advised in advance of observersí visits.

15.8 Observers may obtain final protocols on the results of voting from Territorial Election Commissions and Precinct Election Commissions. A blank final protocol form is filled in by the observer and is certified by the secretary of the Commission.

15.9 Observers have the following rights in the precinct voting stations:

         to be present with the mobile ballot box;

         to give suggestions and comments to the Precinct Election Commission;

         to file complaints to the relevant Territorial Election Commission regarding the actions or omissions of a Precinct Election Commission and its members;

15.10 8 Observers are prohibited from interfering illegally with the work of a Precinct Election Commissionsn election commission.

15.11 9 Comments and suggestions of observers are examined by the chairperson or, if necessary, the issues raised are discussed by a meeting, of the Precinct Election Commission.

Article 16 Organization of the Functions of Election Commissions

16.1 A meeting of the Central Election Commission is valid if attended by not less than two thirds of its members.

16.2 Meetings of other election commissions are valid if attended by half of their members. If a vote is tied the chairperson of the election commission has the casting vote. The chairperson votes last.

    1. 16.3 Decisions taken by an election commission which are within its legal competency must be complied with followed by subordinate election commissions.

16.4 Decisions of the commissions are adopted by a majority vote of the members present at the meeting.

16.4 Decisions of a the Territorial Central Election Commission on: financing the preparation and conduct of the election, determining election results, determining if the election is valid or invalid, whether to conduct a by-election or repeated election, are adopted by an absolute majority of all election commission members.

16.5 Decisions of other election commissions on: election of chairpersons, deputy chairpersons, secretaries, financing the preparation and conduct of the election, determining the results of voting, are adopted by an absolute majority of all election commission members.

16.546 The oldest commission member chairs the first meeting of an election commission and he/she acts according to the requirements of clause 2 of this article.

16.7 Decisions on other issues before an election commission are adopted by a majority vote of the members present at the meeting.

16.658 Election commission members are informed about meetings of the commission by the secretary of the commission at least 24 48 hours prior to the meeting.

16.769 Decisions of the election commission are signed by the chairperson and secretary of the commission.

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16.8710 A election commission member, who disagrees with a decision of the election commission, has the right to write a dissenting opinion. The election commission chairperson should send this opinion to the superior election commission within 3 days of receiving it at least 3 days prior to election day, but, on election day - immediately. Election commissions dDecisions which are in breach of the legislation or exceed its powers can be overturned by the superior election commission or by the relevant court.

16.9811 Election commission meetings are called and conducted by the chairperson or, by order of the chairperson, his/her deputy.

16.10912 Interested partiesí representatives can be present at election commission meetings while the commission is examining complaints or applications for review.

.

16.113 Employees of the secretariat of an election commission are appointed in accordance with rules defined by the Central Election Commission

16.124 Salaries of the members and secretariat employees of an election commission are defined and paid, according to the rules defined by the Central Election Commission, from the budget allocated for the functions of the election commission.

16.135 During preparation and conduct of the election, election commissions can employ temporary staff, within the budget allocated for them.

Article 17 Assisting the Electionoral Commissions

1.      State bodies, municipalities municipal bodies, public associations, unions, enterprises, companies, offices and organizations, and their officials must assist election commissions to implement their functions as defined in this law perform their tasks.

2.      State bodies, municipalities, public associations, enterprises, offices and organizations, and their officials They must answer election commissions' requests, related to the implementation of their functions defined in this law, within a 35 day period, and in urgent cases -Ė immediatelyon election day. They must provide the election commission with the information required.

Article 18 Complaints about Election Commissionís Decisions and Activities

18.1 A person may file a complaint complaint may be filed about decisions (resolutions activities) of the Central Election Commission and its officials to the Supreme Court of the Republic of Azerbaijan within a 3 day period, if no other period is mentioned in this law.

18.2 A complaint may be filed about decisions (resolutionsactivities) and actions (and omissions) of election commissions and their officials which contradict the laws of the Republic of Azerbaijan, egislation, to the superior election commission or relevant court within a 3 day period, if no other rule period is mentioned in this law. If the election commissionís and the relevant courtís decisions differ (on the same issue), according to the legislation of the Azerbaijan Republic the court's decision takes legal precedence.

18.3 It is not necessary to appeal to a superior election commission before applying to the court.

18.4 All complaints (applications) received by the court are investigated within the period defined by this law.

18.5 Complaints (applications) received by superior election commissions are investigated and a decision made within 5 days of their receipt, and, in urgent cases - on the election day.

18.6 If matters mentioned in the complaint (application) need additional investigation, then those complaints (applications) are examined within a 10 day period.

18.7 A superior election commission can adopt a resolution independently regarding the complaints and can overturn a lower election commissionís resolutions if it is necessary.

18.8 The courts should examine complaints within the time periods specified, including on Sundays.

Article 19. Formation of Precincts

19.1 Precincts are created for municipal elections for the organization of voting and for the counting of votes.

19.2 Precincts are created at least 80 days prior to election day by the relevant Territorial Election Commissions, (taking into account local situations), to provide maximum convenience for voters.

    1. Precincts are established in accordance with the following:

         each precinct should cover not less than 50 and not more than 1500 voters. Only in exceptional cases can a precinct be created in places where the number of voters is less than 50.;

19.4 Mprecincts are created, during the period stated in this law, in sanatoriums, rest homes, hospitals, other live-in treatment centers, and other places where voters are living temporarily, in places where communication is inconvenient. In exceptional cases these precincts can be created up to 5 days prior to election day.

military persons permanently living in a relevant place (excluding those in conscripted fixed term temporary military service) vote in the general precincts.

Article 20 Voters List aAnd Rules fFor iIts Compilation

20.1 The Precinct Election Commission prepares the voters list in accordance with information provided by the relevant executive bodies.

20.2 Information on registered voters is corrected by the relevant executive bodies periodically according to information available as at January 1 and July 1. The relevant executive body sends information on voters to the PEC at least 40 days prior to election day.

20.3 The voters lists are prepared according to votersí addresses, in alphabetical or other orders (settlements, streets, houses).

20.4 The voters lists contain the voterís name, surname, fatherís name, year of birth (for voters 18 years old - date and month of birth) and address.

20.5 Voters lists of military persons who serve in a military unitís settlement, their family members and other voters who live in the military settlement are prepared by the commander of the military unit in accordance with the rules and periods defined by this law. 20.6 Military persons who live outside of the military unitís settlement are included in the general list of voters. Lists of voters in sanatoriums, rest homes, hospitals, and other places where voters are placed temporarily are made by the directors of the above mentioned organizations.

20.67 Three copies of the voters list are prepared in accordance with the format approved by the Central Election Commission, and are signed by the chairperson and secretary of the Precinct Election Commission. 2 copies of the voters list are kept in the Precinct Election Commission. The third copy is sent to the relevant Territorial Election Commission at least 16 days prior to election day.

Article 21 Rule for Inclusion of Citizens in the Voters List

21.1 Citizens of the Republic of AzerbaijanAzerbaijan Republic who are 18 years old or over and are eligible to vote are included in the voters list, according to the 56th article of the Constitution of the Republic of AzerbaijanAzerbaijan Republic.

21.2 In accordance with the law that defines the right to freely choose a place of living and which defines freedoms, the fact that a voter is living in a particular precinct is sufficient basis for including the voter on the voters list for that precinct.

    1. 21.3 A voter must be included in one voters list only.
    2. The relevant election commissions commissions, within the limits of their powers, control the process to ensure each voter is included in only one precinct voters list.

21.54 Voters in sanatoriums, rest homesuses, hospitals and other places where people are temporarily placedplaced are included in the list for the place where they are temporarily located at that time along with the voters who are living within that precinct.

21.5 Undergraduate and post-graduate students are included in the voters lists for the hostels in which they are living

21.66 Voters lists are approved by the Precinct Election Commissions at least 30 days prior to election day. If, for some reason, a voter discovers after familiarising him/herself with the voters list that he/she is not included in the list for the place where he/she lives, he/she is included in a supplementary list by the Precinct Election Commission after he/she presents an his/her passport and the official document (passport or ID) proving his/her place of living and identity.

Article 22 Display of the Voters Lists

    1. 22.1 The voters list is submitted for public display at least 30 days prior to election day. The voters list must be displayed in a convenient place for voters to have access to it. The place where voters can view the list must be convenient for them.

22.2 Each citizen has the right to inform the Precinct Election Commission if he/she is not included in the voters list or about errors or mistakes in the list.

22.3 The Precinct Election Commission must should check the information provided, and must, within a 24 hour period, either correct the confirmed error or mistake, or must should provide a written rejection of the complaint (application) for revision (with reasons) to the voter.

22.4 A complaint about a decision of the Precinct Election Commission can be filed with the superior election commission or to the relevant court. The court should investigate the complaint (application) within a 3 day period,; and, on the election day - immediately.

22.5 If the decision is in favour of the claimantís application to correct the voters list, this decision must be implemented immediately by the Precinct Election Commission.

    1. It is prohibited to make changes to the voters list after votes have been counted.

 

Section III

Rules for Nominating Candidates for Member of a Municipality

Councils

Article 23 Right to Nnominate a Ccandidate for Member of a Municipality Council

23.1 Each citizen of the Republic of AzerbaijanAzerbaijan Republic who has the right to vote and who lives permanently in the relevant territory can, in accordance with the requirements of this law, nominate his/her candidate for member of athe municipality Municipal Council.

23.2 Persons who live in the relevant territory can be nominated asC candidates for member of election to a municipality Municipal Council are nominated by local branches of political parties registered according to the law of the Azerbaijan Republic and initiative groups of voters, in accordance with the requirements of this law. An initiative group of voters can not nominate a number of candidates which is equal to the number of vacancies to be filled. more than 1 candidate in the relevant electoral area.

23.3 A voter cannot nominate candidates from different initiative groups of voters. If this rule is violated, the nominated candidates will not be registered.

Article 24 Rule for Nominating Candidates for Member of a Municipality Council and Collecting Voters 24.2 3 Political parties, iInitiative groups of voters, political parties and persons nominating as a candidate for member of a municipalitMyunicipal Council are given the 'signature forms' mentioned in the 2nd 1st annex to this law.

24.4 Candidates living in an electoral territory which covers up to 5000 voters do not have to collect signatures.

24.3.5 Voters have the right to sign in support of several candidates. The voter's name, surname, birth date (for persons who are 18 - month and date of birth), place of living, serial number of passport, date of signature must be shown. Each 'signature paper' contains the name of the district (town, the Ďdistrictí in a citythe town) where signatures were collected. Votersí signatures can only be collected at their place of living.

24.4 6 Voters cannot be forced to sign by the 'signature collectors' and it is prohibited to bribe voters for this purpose..

24.5 Signature papers collected in support of a candidate for member of a municipality and the candidate's application for registration form should be submitted to the Territorial Election Commission by 18:00 on the day 30 days prior to election day. The Territorial Election Commission gives a receipt for these documents when they are received.

Article 25 Documents to be Provided fFor Nomination of Candidates

25.1 A citizen of the Republic of AzerbaijanAzerbaijan Republic who has nominated himself/herself as a candidate for a municipality the Municipal Council must submit the following documents to the Territorial Election Commission:

         an application form, as determined by the Central Election Commission, for nomination as a candidate for the municipality Municipal Council;

         signature papers, which include the number of votersí signatures required by this law.;

a document showing that the candidate has paid 400.000 AZM election deposit

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25.2 Political parties and iInitiative groups of voters, which have nominated a candidate for a municipal member must submit the following documents to the Territorial Election Commission:

         the relevant document fromorm the political party relating to on the nominationing of a candidate for member of a municipality member

         the approved protocol about the establishment of the initiative group of voters and nominating a candidate for member of a municipality;

         the candidateísí written acceptance of his/hertheir nomination for the election area, in the application form defined by the Central Election Commission;

         a document which shows that 400.000 AZM election deposit for each candidate has been paid;

         signature papers containingwith the required number of signatures defined by this law

         for nomination as a candidate for the Municipal Council.

         25.3 The election deposit is not refundable, and is transferred to the state budget.

25.3 4 The period for presentation of nomination documents commences 55 days prior to election day and finishes 30 days prior to election day.

Article 26 Registration of Candidates for a Municipal Council

26.1 After the Territorial Election Commission receives all necessary documents, it checks whether those documents fulfil the requirements of this law within 3 days of their receipt. At least 25 days prior to election day the Territorial Election Commission must decide whether to register the candidate or reject the application to register him/her.

26.2 At least 24 days prior to election day the Territorial Election Commissions announces the list of candidates for member of the municipality.

26.3 The date of candidate registration is the commencement date for the election campaign. The election campaign of the candidates starts from the date they are registered.

26.43 A The candidate can be refused registration ís registration can be refused if the requirements of the legislation are not met.

26.5 4 A decision by the Territorial Election Commission to refuse the registration of a candidate must be based on evidence. A person who applies to be registered as a candidate for member of a municipality is informed about this decision. Complaints may be filed about a candidate registration or refusal of registration with the relevant court within a 48 hours period after such a decision is made. This complaint should be examined within 2 days and a decision made by the relevant court.

26. 65 The Territorial Election Commission gives each registered candidate a card, which contains a date of issue and period for which the card is valid issued.

Section IV

Status of Candidates for Member of a Municipality

 

Article 27 Equality of Rights and Responsibilities of Candidates for a Municipality Municipal Council

Persons who are registered as a candidate for member of a the municipality Municipal Council have equal rights and responsibilities.

Article 28 Rights and Responsibilities of Candidates for Member of a Municipality Municipal Council

28.1 Candidates who work in state bodies or municipalities bodies or the mass media do not have the right to use their positions to influence the election process during the period of the election, and are responsible for ensuring they do not do this..

28.1 Effective from the date of their registration until the date of the official announcement of the results of the election, Oon his/her own application a candidate for a member of a municipality Municipal Council has the right to be released from his/her employment, military service or conscription to military service, effective from the date of their registration until the date of the official announcement of the results of the election.

28.23 Effective from the date of his/her registration until the date of the official announcement of the results of the election, a candidate for member of a municipality Municipal Council cannot:

28.3 The period during which a candidate for member of a municipality is participating in the election is included in his/her years of professional service.

28.4 4 Effective from the date of registration until the date of the official announcement of the results of the election, a candidate for member of a municipality Municipal Council has the right to use all kinds of public transport free of charge (except taxis and unscheduled transport services) within the relevant electoral territory.

28.5 A candidate for member of a municipality has the right to withdraw his/her candidacy, whenever he/she wishes, but not later than 48 hours prior to election day.

28.5 6 Each candidate for member of a municipality may have 5 advocates. A person who is to be a candidateís advocate must indicate in writing his/her consent. The Territorial Election Commission must register him/her within 3 days.

28.67 Each advocate receives an official card from the Territorial Election Commission and, in assisting the candidate to be elected, conducts the candidateís election campaign and functions in accordance with this law. A candidate has the right to withdraw authorization of his/her advocate. The candidate must inform the Territorial Election Commission of this, and the Territorial Election Commission then cancels the card given to that advocate.

28.78 A candidate for member of a municipalityMunicipal Council cannot be indicted for a crime or be subjected to administrative penalties by a court without the permission of the prosecutor of the relevant electoral territory. If the prosecutor approves the above, he/she must inform the Territorial Election Commission about it immediately.

Section V5

Election Campaign For Municipal Elections

Article 29 Election Campaign and its Period

29.1 Citizens of the Republic of AzerbaijanAzerbaijan Republic, candidates for member of a municipalityMunicipal Council, their advocates, political parties and initiatives groups of voters, may conduct election campaigns without any obstruction. According to the 47th article of the Constitution of the Republic of AzerbaijanAzerbaijan Republic, the abovementioned persons and mass media are free to conduct election campaigns.

29.2 The following organizations and persons are prohibited from conducting election campaigns, and from distributing and publicising election campaign materials and from propagandising on behalf of candidates for member of a municipality:

29.3 The election campaign begins from the date the candidates are registered and finishes at midnight (24:00) on the day prior to election day.

    1. 29.4 All types of election campaigning are prohibited on election day.
    2. Posters and other election campaign materials may stay in the places they have been hung and affixed, except in rooms used by election commissions.

29.65 Election campaigns can be conducted by:

29.76 It is prohibited for election campaigning to include giving away goods or services for free (except information services) or selling them at a discount, or the payment of money to citizens.

29.87 Candidates for member of a municipality or their advocates who are officials of the mass media, or election commission members who are journalists, are prohibited from conducting election campaigns in the mass media by which they are employed.

Article 30 Preventing Abuse of the Right to Conduct Election Campaigns

30.1 It is prohibited to abuse freedom of speech while conducting the election campaign. Speeches, pre-election TV and rRadio programs, election campaign materials, meetings and mass media reports must not contain incitements to violate by force or change the cConstitutional basis of gGovernment.

30.2 It is prohibited to produce and distribute materials or make propaganda that incites social, ethnic, national or religious hostility on the basis of social, ethnic, national or religious and language privileges.

30.3 Except for printed materials and signs for the election campaign, it is prohibited for candidates to give the following to voters for candidates or initiative groups of voters:

30.4 Election Commissions control that election campaigns are conducted according to the regulations defined under the law.

30.5 If an election commission receives information about incitement or propaganda that breaches this law it should take the necessary measures to prevent this or apply to the relevant state bodies to stop these activities

Article 31 Election Campaigns on TV and Radio

31.1 Registered candidates for member of a municipalitymunicipal council, their advocates, political parties and initiative groups of voters have the right to use state, municipal and independent TV and radio for election campaign purposes in accordance with the rules defined by the Central Election Commission.

31.2 Election campaigns using TV and radio are conducted as round tables, press conferences, speeches, political advertisements and in other manners allowed by the law.

31.3 TV and radio programs that are part of an election campaign cannot be interrupted by advertisements for goods, works or other services.

31.4 If an official of state or and municipal TV and radio, a performer,, an official of the mass media, or a journalist is a candidate for member of a municipality council or a candidateís advocate, he/she is prohibited from reporting on the elections through the mass media for which he/she is working.

Article 32 Election Campaign Using Periodicals

32.1 Candidates for member of a municipality, political partiesmunicipal council and initiative groups of voters are prohibited from conducting election campaigns using periodicals which publish official information and materials of the legislature, executive bodies, or courts and municipalities.

32.2 The Central Election Commission defines the rules of publication of election campaign materials in the press.

Article 33 2 (really 33) Terms of Conduct of Pre Election Meetings. Meetings with Electors

NOTE: DUPLICATE NUMBERING IN AZERI TEXT Ė NEEDS TO BE REMUNBERED FROM THIS POINT ON

33.1 State bodies and municipalities bodies should assist candidates for member of a a municipality, political parties council and initiative groups of voters in organising pre-election meetings, and meetings with candidates and their advocates.

33.2 Requests for providing a venue for the abovementioned meetings are determined by the Territorial Election Commissionexamined by the relevant executive and municipal bodies within a 3 5 day period., and venues are provided in accordance with the regulations defined by the relevant Territorial Election Commission.

33.3 Venues which are suitable for holding meetings and which are owned by municipalities and state bodies, or are the property of state companies and organizations are provided free of charge for meetings held by candidates and their advocates, when requested by and at times defined by the Territorial Election Commission.

33.4 Territorial Election Commissions must provide equal opportunities for all candidates, political parties and initiative groups of voters. Buildings and equipment registered as important cultural objects cannot be used for these purposes.

Article 34 Distribution of Printed Election Campaign Materials

34.1 Candidates for member of a municipality, political parties council and initiative groups of voters may produce without obstruction election campaign materials such as posters, pamphlets and other printed materials. These materials must contain information on the person and organisation responsible for producing the materials.

34.2 It is prohibited to prepare and distribute anonymous printed election materials.

34.3 Printed materials can be hung in rooms, buildings, and other places if the owners of those places do not object. It is prohibited to hang printed election materials on monuments, historical, cultural and architectural heritage buildings as well as in buildings used by election commissions voting stations and in election commissionsí offices.

34.4 At least 25 days prior to election day the Territorial Election Commission, with the agreement of the relevant executive body, allocates locations for printed election campaign materials to be stuck or hung. These locations must be accessible for people. There must be at least one location in each Pprecinct Eelection Ccommissionís territory. Each candidate for member of a municipality, political party municipal council and each initiative group of voters must be allocated areas of equal size to hang or stick their printed election campaign materials.

34.5 Election commissions must take necessary measures against the display of

anonymous and spurious materials as soon as they are it is aware of them, and must apply to inform the relevant bodies to take measures to stop such campaign activities which contradict the lawdisplay.

Article 35 Financing the Election Campaign

35.1 Persons registered as candidates for member of a municipality council finance personally their election campaign.

35.2 Funds allocated for an election campaign must be kept in a special bank account opened in the appropriate bank department. A report on expenditure of these funds is submitted to the Territorial Election Commission within 7 days of the announcement of the official results of the election.

35.3 Foreign countries, foreign legal entities, international organisations, foreign persons and non-citizens are prohibited from contributing funds to election campaigns. All funds received from the above sources are transferred to the State budget.

35.4 If a candidateís election campaign is financed from prohibited sources, the Territorial Election Commission terminates his/her candidacy

35.5 If a candidate whose election campaign is financed from prohibited sources is elected as a member of a municipality, the Territorial Election Commission invalidates the results of the election and determines an additional election in accordance with the rules defined in this law.

Section VI.

Voting During the Municipal Elections and Determination finition of Election Results

Article 36 Voting Stations

NOTE: THIS IS DUPLICATE NUMBERED ARTICLE 34 IN AZERI DRAFT. FROM THIS POINT ON, AZERI DRAFT ARTICLE NUMBERS ARE 2 BEHIND CORRECT NUMBERS.

36.1 The relevant executive body allocates voting station premises to the Precinct Election Commission free of charge. Voting must be conducted in a hall, and in this place must be set upsuitable for setting up small rooms for voting and voting compartments for secret ballot.

36.2 Voting compartments for the secret ballot must be equipped with a desk and other necessary equipment. It is prohibited to use pencils for voting.

36.3 The Precinct Election Commission places notice boards with ballot paper samples and information about candidates in, or in front of, the voting room.

36.4 CCandidate platform statements contained in candidate information materials must not contain appeals for votes. Samples of completed ballot papers must not contain candidatesí names, surnames or fathersí names.

36.5 Voting stations within military units must be established in a location accessible to mass media representatives and observers.

Article 37 Ballot Papers

37.1 Each voter is given one ballot paper at the municipal elections. The Central Election Commission approves the content of the ballot papers at least 4025 days prior to election day.

37.2 The content of the ballot paper is printed on one side only. The ballot paper must contain in alphabetical order the candidatesí surnames, and their names, and fathersí names and party affiliation..

37.3 To the right hand side of the information about the candidate there must be a blank box.

    1. 37.4 Each ballot paper must contain instructions on how to complete it.
    2. 37.5 On the left corner of the ballot there is a line indicating where the ballot should be cut.. The cut-off portion is used for reconciliation of ballot papers.

 

37.65 The ballot papers are printed at least 30 15 days prior to election day, in accordance with the instructions of the Central Election Commission.

37.76 The Precinct Election Commissions receive their ballot papers from the Territorial Election Commissions at least 48 hours prior to election day. The number of ballot papers received must not exceed the number of voters on the voters list by more than 0.5%. Observers are present during the transfer of ballot papers from the Central Election Commission to the Territorial Election Commissions and from the Territorial Election Commissions to Precinct Election Commissions. A protocol recording each transfer is prepared, is signed by the chairperson of the relevant commission, and a list of observers present is attached to this protocol.

37.87 On each ballot paper, in the top right hand corner, must appear the signatures of two members of the Precinct Election Commission, verified by the stamp of this commission.

37.98 Ballot papers which are not verified in this manner by the Precinct Election Commission are considered to be unauthenticated ballot papers and they are not considered during the count.

37.109 If, after the ballot papers have been produced, a candidate withdraws from contesting the election, his/her name is removed from the ballot papers in accordance with rules determined by the Central Election Commission.

Article 38 Voting Rules

38.1 Voting is conducted from 8:.00 hoursA.M. to 20:00 hours8.00 P.M. on election day.

38.2 Precinct Election Commissions must inform voters of the voting station location, and the hours of voting, at least 20 days prior to election day, using mass media or other means.

38.3 Precinct Election Commissions established in remote areas, if all voters registered in the voters list have voted, can announce inform that voting has finished before the scheduled closing time.

38.4 If a voter cannot attend the voting station on election day, due to his/her health or other 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.

38.5 The Precinct Election Commission chairperson announces opens the voting station is open at 8.00 A.M., shows the empty ballot box to the observers and seals it, then requests the Precinct Election Commission members to commence the voting process.

38.6 Each voter records his/her passport series and number on the voters list after he/she receives a ballot paper.

38.7 If the voter agrees, an Precinct Election Commission member may record the voterís passport series and number on the voters list.

38.8 The voter checks the record and signs it if it is correct. If the voter cannot receive his/her ballot paper without hhelp, 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 voterís ballot paper".

38.9 When a voter is given a ballot paper, the left corner of the ballot paper is cut off and retained by the Precinct Election Commission member. Each voter votes in person. It is prohibited to vote for another person.

38.10 The ballot paper is completed in a special secret ballot voting compartment, which is equipped with special equipment. No one but the voter has the right to enter the voting compartment.

    1. 38.11 If a voter cannot complete the ballot paper himself/herself, he/she can ask any other person (except Precinct Election Commission members and observers) to assist him/her in the voting compartment. That personís surname is shown in the voters list beside the voterís signature for receiving the ballot paper.
    2. The voter may ust mark the number of boxes on the right side of the ballot paper that is equal to or less than the number required.of members to be elected to the municipal council. If the number of boxes marked is more or less than the required number, the ballot paper is considered to be invalid.

38.132 Ballot boxes are positioned so that observers and Precinct Election Commission members have an unobstructed view of them.

38.143 The Precinct Election Commission should give all voters the opportunity to vote, including those who requested a mobile ballot box. To enable this there must be mobile ballot boxes, the number of which is determined by the Precinct Election Commission, in the voting station.

38.154 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 2 Precinct Election Commission members, and observers.

38.165 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 and verifies this with his/her signature. The application must contain the same information about the voter as appears in the voters list.

38.176 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 ion a separate document. At the same time, the voters voting using the mobile ballot box are marked on the voters list. Observers have the right to be present while voters vote using a mobile ballot box. After the mobile ballot box is returned by Precinct Election Commission members to the voting station, it is not opened until vote counting commences. Mobile ballot box voting must be organised so that there are no violations of the voterís right to vote, or the and requirements for a secret ballot and not influencing the voterís choice, are not violated.

38.187 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 when these comply with the requirements of this law. If a Precinct Election Commission chairperson is absent, his/her deputy, the secretary or another authorized commission member assumes the chairpersonís powers.fulfils his/her powers. If the deputy is also not available, the chairpersonís powers are assumed by the secretary. Any Precinct Election Commission member who tries to influence a the voter or violates the rules of the secret ballot, is dismissed from his/her job immediately. Observers breaching these rules are removed immediately from the voting station. The Precinct Election Commission decides these matters.

38.198 Persons, except voters voting, commission members and observers cannot be present in the voting station. On election day police can enter the voting station in uniform if they are present to preserve law and order in accordance with a decision of the Precinct Election Commission. Police leave the voting station immediately after public order has been restored.

38.2019 If a voter realises that he/she has made an error in marking his/her ballot paper, he/she can ask for a replacement ballot paper from the same Precinct Election Commission member who issued the original ballot paper. In this case the Precinct Election Commission member gives him/her a replacement ballot paper and makes the necessary note on the voters list, on the right hand side of the voterís surname. Later, the spoiled ballot paper is cancelled and a separate document is prepared recording this.

Article 39 Counting the votes in voting stations

39.1 When voting hours end, the Precinct Election Commission chairperson announces: "only voters who have already received ballot papers and those in the voting compartments can vote".

39.2 Before opening the ballot box, Precinct Election Commission members count and cancel the unused ballot papers in the presence of observers in the voting station.

39.3 The number of unused ballot papers is announced and recorded in the final protocol of voting results. 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.

39.4 Ballot boxes are opened one by one: first the mobile ballot boxes, then the others.

39.5 Ballot papers in the mobile ballot boxes are counted first. The number of ballot papers must not be more than the number of requests. When counting ballot papers from a 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 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.

39.6 When counting the votes, the following types of ballot papers are first separated: ballot papers of indeterminate form, ballot papers that are not officially produced ballot papers, ballot papers that have not been verified by the Precinct Election Commission and ballot papers which are considered to be invalid.

39.7 If the voting intention of the voter is clear, the ballot paper is valid.

39.8 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.

39.8 9 If a decision is made to consider a 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 at least 3 Precinct Election Commission members.

39.9 10 Invalid ballot papers are packaged separately.

39.10 11 Counting of votes by the Precinct Election Commission chairperson, in the presence 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.

39.11 12 The Precinct Election Commission prepares a protocol on voting results. The protocol contains the following information:

39.12 13 The final protocol on the results of voting is completed in 3 copies (using carbonised paper) with the participation of Precinct Election Commission members and in the presence of observers, and is signed by the Precinct Election Commission members. Voting results are recorded in the protocol in words as well as in figures.

39.13 14 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.

39.14 15 It is prohibited to complete a protocol on voting results in pencil or to make corrections on it. If a superior election commission has doubts about the protocol from a Precinct Election Commission, it can apply to the relevant court for a recount of the votes in that Precinct Election Commission. The court must make a decision on this application within 12 hours.

39.15 16 Votes are recounted by the Precinct Election Commission in the presence of superior election commission members.

39.16 17 To the first copy of the protocol are attached complaints and (applications) about violations of this law received by the Precinct Election Commission and decisions made by the Precinct Election Commission in respect of these complaints and applications. Copies of the complaints (applications) and decisions approved by the Precinct Election Commission members are attached to the second copy of the protocol.

39.18 The second copy of the protocol, the packaged and sealed ballot papers, the torn off left corners of these ballot papers, the list of observers and representatives of the mass media who observed the count, are preserved by the secretary of the Precinct Election Commission until the Precinct Election Commissionís finishes its activities.

39.17 19 The Precinct Election Commission approves and sends the first copy of the protocol to the relevant Territorial Election Commission within the 24 hours after election day. The third copy of the protocol is displayed in the voting station, according to the rules determined by the Central Election Commission, for general information of observers and representatives of the mass media.

39.18 20 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.

Article 40 Determination of Election Results by the Territorial Election Commission

40.1 The Territorial Election Commission summarizes all information based on the protocols of election results received from the Precinct Election Commissions and determines the results of the election in its territory, not later than 2 days after election day.

40.2 Members of the Territorial Election Commission directly summarize the information from the Precinct Election Commissionsí protocols. The Territorial Election Commission prepares a protocol on the results of the election and this protocol contains information about:

40.3 The protocol of the Territorial Election Commission is completed in 3 copies (using carbonised paper) and is signed by all members of the Territorial Election Commission. A table which consolidates all information from the Precinct Election Commissions (in the relevant territory) is attached to this protocol. Results of voting are recorded in this protocol in both words and figures.

40.4 If a Territorial 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.

40.5 To the first copy of the protocol are attached complaints and (applications) about violations of this law received by the Territorial Election Commission, and decisions made by the Territorial Election Commission in respect of these complaints ( and applications). Approved Ccopies of the complaints (applications) and approved decisions made by the Territorial Election Commission members are attached to the second copy of the protocol. The first copy of the Territorial Election Commissionís protocol is sent to the Central Election Commission with a final summary table not later than 72 hours after voting day after the protocol is approved.

40.6 The third copy of the protocol is displayed in the Territorial Election Commission office, according to the rules determined by the Central Election Commission, for the general information of observers and representatives of the mass media. The second copy of the protocol, with summary table and Precinct Election Commission protocols, and the list of observers and representatives of mass media who observed the preparation of the protocol and the process of determining the results of voting, is preserved by the secretary of the Territorial Election Commission until the Territorial Election Commission terminates its functions.

Article 41 Determination of Successful Election and Elected Municipal Representatives

41.1 If 25% of voters who are on the voters lists for the relevant electoral territory record their votes, the election is considered valid.

41.2 Candidates who record the most votes according to the number of vacancies in the municipality are considered to be elected.

41.3 If more than one candidate has an equal number of votes, the Territorial Election Commission, in the presence of candidates (their advocates and observers), and not later than 48 hours after election day, will cast lots between those candidates in accordance with rules defined by the Central Election Commission in order to determine who will be elected. Documents on the conduct of this casting of lots are sent to the Central Election Commission with the first copy of the Territorial Election Commissionís protocols and summary final table.

Article 42 1 Announcement of Results of an Election to Municipal Elections Bodies

The Central Election Commission announces results of municipal elections in the Azerbaijan Republic an election to a municipal body within the not later than 20 10 days after election day.

Article 43 Card On Election to Municipality

Territorial Election Commissions must complete and issue to each successful candidate, within 5 days of the official announcement of the election results, a card, in a form approved by the Central Election Commission, that certifies their election as a municipal member.

Article 44 Invalid Elections

If there are violations in the election processes which seriously effect the election results, the Territorial Election Commission determines that the election is invalid.

Article 45 2 By elections

If a municipal election is considered void or invalid, a by-election is conducted by order of the Central Election Commission. By elections are held within 3 months of the decision of the Central Election Commission and in accordance with the articles of this law. The regulations for conduct of the by-election are determined by the Central Election Commission in accordance with this law.

Article 46 3 Additional Elections

If the required number of members of a municipality council has not been elected, (based on the information submitted by the Territorial Election Commission), or their terms of office have been terminated before their normal expiry date, and as a result of the above less than two-thirds of the full number of municipal representatives are in office, additional elections shall be held within 3 months on the determination of the are conducted according to the regulations determined by the Central Election Commission.

Article 47 4 Publication of Election Returns and Voting Results

The Central Election Commission publishes information on voting results as well as full voting information for Territorial Election Commissions and Precinct Election Commissions in its own official publication not later than twoone months after the municipal election day.

Section VII

Final Provisions

Article 48 Filling Municipal Member Vacancies

Following receipt of a report from a Territorial Election Commission that a member of a municipality has died during his/her term of office, or has had his/her term of office terminated, the Central Election Commission determines a new election within 3 months, conducted according to the

Article 49 Maintenance of Election Records

Election records are preserved for a period of six months . After this period has expired, they are cancelled in accordance with the rules defined by the Central Election Commission.

Section VII

Final Provisions

Article 50 45 Date of Effect

This law comes into force from the date it is signed.

TRANSITIONAL PROVISIONS

  1. For the initial municipal elections, election areas are determined as a rule by the Central Election Commission in accordance with territorial administrative units.
  2. The first municipal elections are financed from the State budget of the Azerbaijan Republic

3 Internally Displaced Persons participate in municipal elections in the areas where they are temporarily placed.

4 An Internally Displaced Person can be elected as a member of a municipality in the municipality where he/she is living temporarily, in accordance with the requirements of this law.

(Signed)

Heydar Aliyev

President of the Azerbaijan Republic

Baku, 2 July 1999

Published: 27 July 1999