Home > 1.3.2.1 Ballots and election material > AZERBAIJAN - Election Code
 
 
 
Download file    
 
 
Article 106
 

106.1. When voting ends, the Precinct Election Commission chairperson shall announce loudly that: “only the voters who have already received ballot papers and those in the polling station may vote.” in this case, voting of only the voters in line in the polling station prior to the announcement shall be ensured. Before opening the ballot box, Precinct Election Commission members shall count and cancel unused ballot papers in the presence of observers in the polling 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 them to the Precinct Election Commission members and observers, and open the ballot boxes.


106.2. Ballot boxes shall be opened one by one: first the mobile ballot box, then the immovable ballot box. Ballot papers 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 total number of ballot papers is more than the number of requests (total number of voters who were issued ballot papers), then all votes in the mobile ballot box shall be considered 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. The number of voters who have voted with a voting card shall be added to the number of voters who appear on the Voter List of the precinct.


106.3 (Removed)


106.4 if there are doubts on 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 a record should be approved by the signatures of the 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 participation of Precinct Election Commission members, shall continue without break until the count is finished. During this period, every used ballot shall be stamped. All Precinct Election Commission members and observers shall be informed of the results of voting.


106.6. The final protocols on voting results shall be completed in the presence of the persons specified in Articles 40.2 and 40.4 of this Code.


106.7. The first copy of the protocol, together with the following documents shall be sent immediately, but not later than 24 hours after Voting Day, to the Constituency Election Commission, accompanied by the chairman of the Precinct Election Commission, two members representing different political parties and observers: 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 on 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 the act provided for in Article 105.3 of this Code, the ballots and the voter list for the precinct, together with voting cards attached. 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 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 the 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 Commissions 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 of Election Day.


106.10. The Constituency or Precinct Election Commission shall consider voting ineffective if legal violations that occurred during the conduct of elections (referendum), or the course of determining election results, do not allow for identifying the voters’ will; or if there is a court decision.


106.11 After being compiled, the 3rd copy of the protocol of the Precinct Election Commission shall be posted on the notice board, and kept there for 5 days.