Home > 1.3.2 Freedom of voters to express their wishes > AZERBAIJAN - Law on Local Elections
 
 
 
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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 voter’s 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 voter’s 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.



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 person’s surname is shown in the voters list beside the voter’s signature for receiving the ballot paper.



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 voter’s right to vote, or the and requirements for a secret ballot and not influencing the voter’s 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 chairperson’s powers.fulfils his/her powers. If the deputy is also not available, the chairperson’s 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 voter’s surname. Later, the spoiled ballot paper is cancelled and a separate document is prepared recording this.