Vote Counting in Voting Station.
106.1. When voting hours end, the Precinct Election Commission chairperson shall announce loudly that: “only the voters who have already received ballot papers and those in the voting compartments can vote.” In this case, voting only of the voters standing in the voting room prior to the announcement shall be ensured. Before opening the ballot box, Precincts Election Commission members count and cancel unused ballot papers in the presence of observers in the voting station. The number of unused ballot papers shall be announced and recorded in the final protocol of voting results. The number of signatures of voters who have received ballot papers and envelopes shall be recorded in the final protocol on results of voting. At the same time, the number of voters voting with a de-registration card and those voting outside the voting room using mobile boxes, shall be recorded in the final protocol. Then the Precinct Election Commission chairperson shall examine the stamps and seals of the ballot boxes, show these to the Precinct Election Commission members and observers, and open the ballot boxes.
106.2. Ballot boxes are opened one by one: first the mobile ballot box, then the ballot box. Envelopes in the mobile ballot box shall be counted first. Their number should not exceed the number of requests. When counting ballots from the mobile ballot box, if the number of envelopes with ballot papers is more than the number of requests, then all votes in the mobile ballot box shall be considered to be invalid by decision of the Precinct Election Commission. An act on this, which includes a list of the surnames of the commission members that accompanied the mobile ballot box, shall be attached to the final protocol. When counting votes from the immovable ballot box, if the total number of envelopes with ballot papers is more than the number the voted voters, then all the ballots within the immovable ballot box shall be considered invalid by decision of the Precinct Election Commission. Number of voters who have voted with a voting card shall be added to the number of voters who appear on the voters list of the precinct.
106.3. When opening the envelopes and counting the votes, the votes shall be considered invalid in the following cases:
if ballot paper within the envelope is of an indeterminate form;
if there are several ballot papers within the envelope;
if there is no ballot paper within the envelope;
if there is an unmarked ballot paper within the envelope;
if in accordance with Articles 10 and 236.3 of this Code, the voter’s will cannot be determined from the ballot paper placed in envelope;
if a ballot paper is found not to be placed in an envelope;
if an unstamped envelope is found.
If there are doubts about the validity of a vote, the Precinct Election Commission shall vote to determine if the vote is considered valid. If a decision is made to consider the vote invalid, the reasons for the decision shall be recorded on the reverse side of the ballot paper. Such record should be approved by the signatures of chairperson and secretary of the Precinct Election Commission. Invalid votes shall be packed separately.
106.5. Counting of votes by the Precinct Election Commission chairperson, with the participation of Precinct Election Commission members, shall continue without a break until the count is finished. During this period, every used ballot shall be stamped. All Precinct Election Commission members and observers shall be advised of the results of voting.
106.6. The final protocols on voting results shall be completed in presence of the persons specified in Articles 40.2. and 40.4. of this Code.
106.7 First copy of the protocol together with complaints (applications) about violations of this law received by the Precinct Election Commission and decisions made by the Precinct Election Commission with respect to these complaints and applications, an act on receipt of ballot papers by the Precinct Election Commission, an act on cancelling the unused ballot papers (indicating the number of such ballots), an act on issuing voting cards and on cancelling unused voting cards (recording their number), an act the number of torn off left corners of the ballot papers, an act on the number of spoiled ballot papers mentioned in the Article 104.15 of this Code, along with packaged and stamped envelopes, the act provided for in Article 105.3 of this code, the ballots and the voters list for the precinct (together with voting cards attached) shall immediately, but not later than 24 hours, be sent to the Constituency Election Commission, accompanied by the chairman the Precinct Election Commission and two members representing different political parties. All documents mentioned above should be signed by the chairperson and secretaries of the Precinct Election Commission. Verified copies of complaints (applications), decisions of Precinct Election Commissions and acts mentioned above shall be attached to the 2nd copy of the protocol.
106.8. The second copy of the protocol, the torn off left corners of those ballot papers, the torn off pieces of spoiled ballot papers with the list of persons mentioned in Article 40.2 and 40.4 of this Code who observed voting and vote count shall be kept by the secretary of the Precinct Election Commission until the commission has finished its activities.
106.9. The Precinct Election Commission established outside of the Republic of Azerbaijan shall send the first copy of the protocol on voting results together with the attached documents to the Constituency Election Commission determined by the Central Election Commission within 3 days starting from the election day.
The Constituency or Precinct Election Commission shall consider voting ineffective, if the legal violations occurred during conduct of elections (referendum) or in course of identifying voting results do not allow to identify the will of voters; or if there is a court decision.
After being compiled, the 3rd copy of protocol of the Precinct Election Commission shall be posted on the notice board, and kept there for 5 days.
