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Article 104

Rules for Voting

104.1. Voting shall be held from 08:00 till 19:00 on Voting Day. The Precinct Election Commission should inform the voters of the place and time of voting at least 25 days prior to Voting Day via the mass media or using notice boards.

104.2. Should the total number of voters in a settlement be less than 50, and more than 1 hour be required to reach the nearest election commission from such a settlement, the Constituency Election Commission may use public transport to deliver the such voters to the election precinct where they are registered. Such transportation expenses shall be paid from funds allocated by the Central Election Commission to the Constituency Election Commission.

104.3. If all voters on the Voter List take part in voting, Precinct Election Commissions of election precincts organized in accordance with Articles 35.4 and 35.6 of this Code may provide information on early completion of voting.

104.4. If a voter ascertains that he/she will not be able to go to the polling station on Voting Day because of his/her state of health or other valid reasons, he/she should inform the Precinct Election Commission directly or via other persons either orally or in writing, at least 24 hours prior to Voting Day on his/her intention to vote outside the voting room. If the intention is declared orally, it shall be made official by a relevant application during the voting period. Constituency Election Commissions may issue permission to ships sailing under the State Flag of The Republic of Azerbaijan, and to remote and almost impassable distant places to hold the voting at the most 10 days prior to Voting Day.

104.5. At 07:50 on Voting Day, the Chairperson shall declare the election precinct open, and show the members of the election commission, voters, and observers who are present the empty ballot boxes and then lock them. At 08:00, he/she shall announce the commencement of voting.

104.6. One of the Precinct Election Commission members stays at the entrance of the election precinct and he/she checks citizens’ IDs or other identification documents, as well as part of the nail and skin of the voter’s left thumb to see if it was previously marked with the liquid indicated in Article 102, and gives permission for entrance. If such a marking is found, the voter shall not be issued a ballot paper. Another member of the Precinct Election Commission checks the availability of the voter’s name on the voters’ list and issues a ballot paper for that voter. The voter shall be informed that s/he cannot be issued a ballot paper if s/he refuses to have his/her thumb marked. If the voter does not agree, s/he shall be asked to leave the election precinct. A note “refused to be marked” is recorded on the voters’ list. If the voter agrees, his/her left thumb shall be marked.

104.7. A ballot paper shall be provided to a voter upon presentation of his/her identification or substitute document. After the voter receives the ballot paper, the serial and batch number of his/her identification or substitute document shall be recorded in the Voter List. The serial and batch number of the identification or substitute document shall be entered in the voter list by a member of the Precinct Election Commission. The voter shall check correctness of the records and sign upon receiving the ballot paper. If the voter is not able to receive a ballot paper independently, he/she may use the help of other persons, except members of Precinct Election Commission and observers. The person who helps the voter should put down his/her surname and initials and sign in the column “signature of voters on receipt of ballot paper” in the Voter List.

104.8. On issuance of a ballot paper, a member of the Precinct Election Commission shall sign the numbered left corner of the ballot paper, cut it along the cut-off line, and keep it.

104.9. Every voter shall vote in person and alone. To vote in place of other persons shall be prohibited. Ballot papers shall be marked in a room or booth where nobody is authorized to enter and equipped with special technical to ensure the secrecy of the vote. A disabled voter who is not able to mark the ballot paper without assistance may invite any other person into the voting booth or room, except members of Precinct Election Commissions or observers. The surname and initials of this person shall be indicated with the voter’s signature on receipt of the ballot paper in the Voter’s List A voter shall place the marked ballot paper and drop it into the ballot-box.

104.11. Ballot boxes should be placed in the area where members of the Precinct Election Commission and observers may easily observe them.

104.12. The Chairperson of Precinct Election Commission shall oversee the maintenance of order in the polling station. His directions are obligatory for persons in the voting room. If the chairperson of the Precinct Election Commission is out, his powers shall be assumed by the secretary of the Precinct Election Commission or any member of the commission charged with this duty.

104.13. A member of the Precinct Election Commission who attempts to influence a voter or violates the secrecy of ballot shall be dismissed from his/her position by compiling a relevant act, and the person mentioned in Article 40.2. and 40.4 of this Code shall be immediately removed from the voting room. The Precinct Election Commission shall take a decision on the case. If the influenced voter has not voted yet, he/she shall not be allowed to vote, his/her ballot shall be withdrawn and invalidated.

104.14. Aside from voters participating in the elections, members of the Precinct Election Commission, and persons mentioned in Article 40.2. and 40.4 of this Code, no other person should be present in an election precinct. State officials shall not be allowed to participate in voting except in the cases when they participate as voters. An official from the law enforcement authority may be present at a polling station if there to preserve the law and order upon invitation of the chairperson of the Precinct Election Commission, and he/she must leave the polling station immediately upon completion of duties. Voting shall be stopped, if an official from the law enforcement authority is in the voting room during the voting process. Shall order be impossible to be restored for 6 hours during the voting process, the polling station shall be closed upon decision of the Constituency Election Commission. Voting in such election precincts shall be considered invalid.

104.15. If a voter informs that he/she has made an error in marking his/her ballot paper, he/she may ask the commission member who issued the original ballot paper for a new ballot paper in place of the spoiled one. In this case, the Precinct Election Commission member shall cancel the spoiled ballot paper by cutting it in the center, put it in a separate envelope, give a new ballot paper to the voter and make the necessary note to the right of the voters surname on the Voters’ List. A separate act shall be prepared immediately recording this occurrence.