The amendments in the three paragraphs above represent an attempt to meet the OSCE/ODIHR’s and Venice Commission’s joint recommendations that the Election Code guarantee the right for observers until all the electoral tasks are completed. However, while explicitly establishing that the observation can start from the date the elections are announced and finish the day when all disputes regarding elections (referendum) are considered by the courts and returns (general returns) are officially published, the amendments fail to specifically address the right of access of observers to electoral commissions after polling day. This appears necessary, given the fact that the right of observation before and during Election Day is specifically addressed. The Central Electoral Commission should therefore issue a clarification specifying that the general rules, in particular Article 40.12, apply equally to the time after Election Day, as confirmed by the authorities of Azerbaijan. This includes unrestricted access to the election commissions.
14. The following sentences should be added to the Article 46.1: “The voters list shall be posted on relevant website of the Central Election Commission in conformity with the rules established by the Central Election Commission. In this case, the voters’ addresses must not be displayed.”
