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Article 22
 

Status of an Election Commission Member.

22.1     Initiators of establishment of referendum campaign groups, authorized representatives, agents and observers of candidates, registered candidates, as well as political parties and blocks of political parties nominated a candidate, referendum campaign groups, members of election commissions with consultative voting right, persons directly subordinate to candidates and registered candidates, and according to the Family Code of the Republic of Azerbaijan, the kin, wives and wives’ kin of the mentioned persons (children, parents, adopted children, brothers, sisters, grandchildren, grandfathers, grandmothers), persons who previously violated the election legislation and were withdrawn from the membership of the commission by a decision of a superior election commission or who committed violations of election legislation, which have been confirmed by a court decision cannot function as a member of election commission with decisive voting right. In this case, and if this case is confirmed by the body that appoints the member of the election commission, the member of the election commission shall be replaced by a substitutive member provided for in Article 19.7 of this Code.

22.2     A member of one election commission cannot be at the same time a member of another election commission. Except for the cases indicated in Article 36.3 of this Code, a member of the election commission with decisive voting right cannot be at a State or municipal service.

22.3     A member of election commission with decisive voting right shall be dismissed from his position based on the decision of a relevant election commission within a month, and during preparation and holding of election – within three days, in the following cases:

22.3.1  on submission of written application for resignation and if this application is verified by the chairperson of the election commission;



when there are grounds provided for Articles 22.1 and 22.2 of this Code.



if he/she is a member of a political party.



 

22.4     Powers of a member of election commission with decisive voting right shall immediately be terminated in the following cases:



becoming a candidate for the post of President, deputy of the Milli Majlis or for a member of municipality;



being elected members and officials of State power bodies and municipalities (except for the members of election commissions specified in Article 36.3 of this Code);



being deprived of citizenship of the Republic of Azerbaijan, or being a citizen of another country;



when accusatory court verdict comes into force;



when he/she is recognized by court decision that has come into force, to be incapacitated or with limited capacity, or considered missing or dead;



when the decision of the relevant election commission on fulfilment of his/her duties on non-regular basis or by violating provisions of Article 17.6 of this Code, is approved by the court decision;



when violation of requirements of the election legislation is confirmed by a resolution of the relevant court.



 

22.5     A member of the election commission can neither be dismissed from his/her position, nor his/her authorities be terminated by the body that appointed him/her, except for the cases established in Articles 22.3 and 22.4 of this Code.

22.6     In the place of the member with decisive voting right, who has left the election commission in the cases mentioned in Articles 22.3 and 22.4 of this Code, a new member shall be appointed by the body that had appointed the previous member, within at latest 30 days after the resignation day, and within 10 days during preparation and holding of elections.

22.7     Regardless of their status, the commission members shall bear liability established for officials by the Criminal Code or Code of Administrative Offences of the Republic of Azerbaijan, for violation of requirements of the present Code.

22.8     The members of election commissions with decisive voting right, specified in Article 36.3 of this Code, which preserve their municipal positions, as well as work in organizations, departments and institutions funded from the State budget, cannot without their own consent be appointed to another position or dismissed by employer’s initiative during the activity of the commission.

22.9     A member of an election commission with consultative voting right shall have the same rights as a member of election commission with decisive voting right, excluding issuance of ballots and de-registration cards for voting, counting of ballots, cancellation of ballots and de-registration cards, to draw up protocols about outcomes and results of voting, to vote during making decisions on issues concerning authorities of the election commission and the right to sign decisions of the relevant election commission.

22.10   Members of election commissions with decisive and consultative voting right:

22.10.1 shall be timely informed about meetings of the relevant election commission;

22.10.2 can give proposals on issues related to authorities of the relevant election commission, make a speech in the meeting of election commission and suggest voting on these issues;

22. 10.3  can ask questions to other participants of the meeting of election commission related to the agenda issues and get answers on them;

22. 10.4  can be familiarized with any election document (including voters lists, ballots), election documents of a lower election commissions, can get copies of the documents (excluding voters lists, signature sheets, ballots and voter verifications), can get familiarized with documents reflecting information that is not considered by Law as State, commercial secret or other secret;

22. 10.5  can complain of decisions or action (lack of action) of election commission to a relevant superior election commission and to court, in the manner defined in this Code;

22.11   Authorities of members of election commission with consulting voting right shall be terminated in 30 days after official announcement of overall results of election (referendum), but if superior election commission receives a complaint on decision, action (lack of action) of a lower election commission, rules of voting or vote counting were violated and court investigation is conducted on these facts, their authorities are terminated only after making decision by the superior election commission or the court.



Members of election commissions with consultative voting right appointed to a relevant election commission in relation with holding of referendum can participate in activity of the election commission related only to referendum, members of election commissions with consultative voting right appointed to relevant election commissions in relation with holding of presidential elections can participate in activity of the election commissions related only to presidential elections, members of election commissions with consultative voting right appointed to relevant election commissions in relation with holding of elections of deputies to the Milli Majlis of the Republic of Azerbaijan can participate in activity of the election commissions related only to elections of deputies to the Milli Majlis of the Republic of Azerbaijan, members of election commissions with consultative voting right appointed to election commission in relation with holding of municipality elections can participate in activity of the election commissions related only to municipality elections.





Authorities of a member of an election commission with consulting voting right can be terminated or given to other person by decision of the person or political party or block of political parties that appointed the member.