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Article 22
 

22.1. initiators of establishment of referendum campaign groups, authorized representatives, agents and observers of candidates, registered candidates, as well as political parties and blocs of political parties nominated a candidate, referendum campaign groups, observers, 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sisters, grandchildren, grandfathers, grandmothers), persons who previously violated the election legislation and were withdrawn from the membership of the commission by a decision of a superior election commission or who committed violations of election legislation, which have been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 the case such a person is appointed to an election commission, 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.
Restrictions regarding close kin in this Article (excepting immediate relatives), shall not apply to members of precinct election commissions established in territories where the number of voters is less than100 bu more than 50, as specified in Article 36.7 of this Code.
Term of office of commission members that was temporarily terminated due to kinship is restored after the official announcement of election results. Term of office of the election commission member appointed as a replacement is limited to the period during which the person who s/he is replacing cannot function.


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


22.3. A member of an election commission with decisive voting rights shall be dismissed from his/her position based on the decision of a relevant election commission within a month, or within three days if during preparation/holding of elections, in the following cases:


22.3.1 upon submission of a written application of resignation and the approval of this application by the chairperson of the election commission;


22.3.2 on the grounds provided for Articles 22.1 and 22.2 of this Code.


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


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


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


22.4.2. on being elected as members or officials of State bodies and municipalities (except for the members of election commissions specified in Article 36.3 of this Code);


22.4.3. on losing citizenship of the Republic of Azerbaijan, or becoming a citizen of another country;


22.4.4. on the coming into force of a guilty verdict by a court;


22.4.5. on the coming into force of a court decision recognizing the relevant election commission member as incapacitated or with limited capacity, or considering him/her as missing or dead;


22.4.6. on the approval by court decision of the relevant election commission’s decision of the election commission members’ nonfulfillment of his/her duties on regular basis or violation of the provisions of Article 17.6 of this Code; and


22.4.7. on confirmation of violation of election legislation requirements by a corresponding resolution of the court.


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


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


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


22.8. The members of election commissions with decisive voting rights, specified in Article 36.3 of this Code, occupying municipal positions, as well as working in organizations, departments and institutions funded by the State budget, cannot be appointed to another position or dismissed by an employer without their own consent during their involvement in the commission.


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


22.10. Members of election commissions with decisive and consultative voting rights:


22.10.1. shall be informed about meetings and issues to be discussed during such meetings, draft decisions regarding these issues and other documents of the relevant election commission in a timely manner;


22.10.2. may submit proposals on issues related to the powers of the relevant election commission, and make a speech and suggest voting on these issues in the meeting of an election commission;


22.10.3. may ask questions to and receive answers from other participants on agenda-related issues during the election commission meeting;


22.10.4. may be familiarized with any election document (including voter lists and ballots), election documents of lower election commissions, get copies of such documents (excluding voter lists, signature sheets, ballots and voter cards), and be familiarized with documents reflecting information that is not considered by law as State, commercial, or any other type of secret;


22.10.5. may lodge a complaint on decisions or actions (lack of actions) of an election commission to a relevant superior election commission or court, in the manner defined in this Code;


22.11. Powers of election commission members with consultative voting rights shall terminate within 30 days of the official publication of returns (overall returns) of the elections (referendum). if the superior election commission receives a complaint on a decision or action (lack of action) of a lower election commission, or if rules of voting or vote counting were violated and court investigation is ongoing, termination will occur only after the decision of the superior election commission or the court is made.


22.12. Election commission members with consultative voting rights, appointed to a relevant election commission in relation to the holding of a referendum, may participate in activities of the election commission related only to the referendum. Election commission members with consultative voting rights, appointed to relevant election commissions in relation to presidential elections, may participate in activities of the election commissions related only to presidential elections. Election commission members with consultative voting rights, appointed to relevant election commissions in relation to the election of deputies to the Milli Majlis of the Republic of Azerbaijan may, participate in activities of the election commissions related only to elections of deputies to the Milli Majlis of the Republic of Azerbaijan. Election commission members with consultative voting rights, appointed to election commission in relation to the holding of municipality elections, may participate in activities of the election commissions related only to municipality elections.


22.13. Authorities of an election commission member with consultative voting rights may be terminated or delegated to another person by decision of the person or political party or bloc of political parties that appointed the member.