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Article 113

Cancellation of Registration of Registered Candidates or Referendum campaign groups and Refusal of Registration of Candidates

113.1. If a candidate, registered candidate, political party, bloc of political parties, or referendum campaign group violates the provisions of this Code, the relevant election commission shall warn the candidate, registered candidate, political party, bloc of political parties, or referendum campaign group through the mass media, providing the voters are informed. The election commission shall have the right to make a decision on the following issues irrespective of whether or not a complaint considering Article 112.2 of this Code was made about them:

• refusal of registration of a candidate or referendum campaign group;
• deregistration of a registered candidate, or of a referendum campaigning group in the cases stipulated under Articles 73 and 73-1 of this Code;
• invalidation of the election of a candidate; or
• cancellation of a decision on voting results or election returns.

113.1.1. The election commission can refuse registration of a candidate, referendum campaign group if the information they submit according to this Code is not true or their invalidity is of great importance (except the cases mentioned in Article 60.3 of this Code.)

113.2. Registration of a candidate, referendum campaign group shall be cancelled in the cases mentioned below in an order established by the legislation if there is a court verdict in force on the criminal case or there is a court decision in force on the administrative offence: 

113.2.1. (Removed);

113.2.2. if a candidate or referendum campaign group is found election campaigning before being registered or before the period indicated in Article 75 of this Code (this provision may not serve as a ground for restricting the freedom of expression and thought, provided for in the Constitution of the Republic of Azerbaijan);

113.2.3. if a candidate, political party, bloc of political parties, referendum campaign group, or the authorized representatives/agents thereof are found influencing voters through actions prohibited by Article 88.4. of this Code;

113.2.4. if legal entities, state and municipal bodies, structures and organizations participate in the collection of signatures, regardless of their type of property; if it is discovered that voters are being forced to sign or being rewarded for signing;

113.2.5. if a candidate nominated for a relevant constituency uses other funds for financing his/her election campaign which exceed more than 5% of the maximum expenses from election fund defined by this Code;

113.2.6. if a political party, bloc of political parties, or referendum campaign group uses other funds for financing their election (referendum) campaign which exceed more than 5% of the maximum of expenses from election funds defined by this Code;

113.2.7. if a candidate, political party, bloc of political parties, referendum campaign group, as well as a political party within a bloc of political parties, authorized representatives or members, and agents of political parties, bloc of political parties, referendum campaign group:

• are proprietors, founders, owners of relevant organizations or they participate in supervisory boards;
• conduct charitable activities during the election (referendum) campaign;
• render financial and material assistance to physical or legal entities or render services to voters;
• assist in rendering or proposing such assistance to physical and legal entities, or when the above-mentioned physical and legal entities agree with rendering assistance on their behalf;

113.2.8. if a candidate, political party, bloc of political parties, or referendum campaign groups do not submit their initial financial report;

113.2.9. if a candidate, or authorized representatives of a political party, bloc of political parties, or a referendum campaign group uses their position during election campaigning;

113.2.10. if a candidate, political party, bloc of political parties, or their agents produce and distribute pre-election publications and audiovisual election materials, violating provisions of Articles 88.2 and 88.4 of this Code;

113.2.11. if a registered candidate, political party, bloc of political parties, agent of the registered candidate, or authorized representative/ agent of a political party or bloc of political parties campaign within the territory of a military unit, in military organizations, or in military offices;

113.2.12. if a registered candidate who is in government or municipal service does not stop cease operating in such a capacity while participating in elections; or

113.2.13. if a registered candidate, political party or bloc of political parties with registered candidates use illegal donations transferred to their funds.

113.3. The court may cancel the registration of a candidate one day prior to Voting Day, only if the circumstances considered in Articles 113.2.3, 113.2.4, 113.2.7, 113.2.9, or 113.2.11 of this Code are revealed after the candidate is registered.

113.4. If the registration of a candidate is canceled within a period less than 10 days prior to Election Day, information on this issue shall be posted on the notice boards of the election commissions.