Part I
Constitutional election sistem, general review of
the Electoral Code and related laws, problems and proposals
After the Republic of Azerbaijan declared its independence, a new political
system was determined under Constitution of 1995. According to this
system, state is the only source of power in the Republic of Azerbaijan. The
people is entitled to free and independent self-determination and sovereignly
selecting form of self-government. The Azerbaijani people exercises their
sovereign right via universal elections – referendum and via their
representatives elected on the basis of universal, equal and direct elections
by free, secret and individual ballot.
The Constitution provides division of power. The legislative branch of
power – Milli Majlis (National Assembly), the head of Executive Power, the
president, as well as local self-governing bodies – municipalities are formed
via elections and carry out functions within limited periods. Every 5 years,
elections to these bodies should be re-arranged, representatives of these
bodies should receive mandate from people by democratic and free
elections. The constitution-defined fateful issues of the people and the state
should be submitted to all-nation vote via referendum and should be
accepted only by nation.
Within 20 years since 1995 Constitiution was adopted, the following
elections were held: 3 elections to Milli Majlis, held every 5 years
(November 5, 2000; November 6, 2005; November 7, 2010), 4 presidential
elections (October 11, 1998; October 15, 2003; October 15, 2008 and
October 9, 2013), 4 municipal elections (1999, 2004, 2009, 2014) and 3
referendums including the one which adopted the Constitution (November
12, 1995; August 24, 2002; March 18, 2009). Generally, within 4 years,
from declaration of Independence on October 18 to adoption of
Constitution, there were held 2 referendums (adoption of Independence Act
on Otober 29, 1991 and taking away President Elchibey's power on August
29, 1993), 2 presidential (June 8, 1992 and October 3, 1993) and 1
parliamentary (November 12, 1995) elections. So, a total of 21 elections and
referendums were held by 16 times since independent Republic of
Azerbaijan
adopted
Constituion.
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Except for the outcome of 1992 presidential elections (59.4%), the average
votes supporting president equaled 85.5% in next 5 elections, the votes for
the government-supported issue equaled 89.76% in recent 5 referendums
and balance in National Assembly was also formed in favor of the
government at approximately this percentage.
An outcome of 85-90% is never registered in free and fair elections in
democratic and pluralistic societies. Fot this reason, outcome of any
election, referendum in our country is not accepted unambiguously and is
criticized by local and international election professionals, observation
missions, free media bodies. Consequently, the election party introducing
itself as mainstream opposition, local political players being against
government policy and neutral international observation missions, have not
taken election results unambiguously and unconditionally.
Through objective evaluation, some right arguments of this approach are
apparent. In free and democratic countries, one side has not enjoyed
crushing superiority for the recent 20-30 years. Taking into consideration
recent 5 parliamentary and other elections in Turkey, the vote sustained by
the majority- gaining and government- establishing side does not pass an
average of 42%. The vote gained by presidents who have won recent 5
presidential elections in USA does not pass 53.22%. During recent 3
elections in France, persons elected as president in the first round gained
only 41.56% of the vote. Even in Russian Federation, where democratic
institutions have not been fully formed and which is evaluated as
authoritarian regime, persons elected as president in recent 5 years, gained
an average of 62.26% of votes.
Before and after every election, this scene underlines the problem the
electoral system, election legislation, its injustice and non-compliance with
democratic principles, non-conduct of democratic elections. We should be
able to come to common grounds, should demonstrate a new view on our
criticized election system and its legislative basis, should be able to
formalize an election system and legislation accepted and agreed to by
everybody,
being
fair,
balanced,
respecting
democratic principles,
minimalizing extra interferences, should be able to conduct elections and
referendums being fair, in compliance with law and enabling all political
sides to participate. To this end, our election system and legislation should
be open to innovation, political sides should be ready to improve and
renovate.
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I. Problems connected with constitutional election system
The amendent made to Constitution on August 24, 2002 introduced first
change to election system. The majority-prioritized mixed election system
combining majority and proportional systems resulted in full transfer to
majority system. Prevously, 100 out of 125 members of National Assembly
were elected by majority rule, one person from one constituency, the
remaining 25 seats were elected from single election constituency by
proportionate rule. This proportion was eliminated and replaced by majority
election of each deputy seat from one constituency.
The introduction of this system can be evaluated as a heavy damage to the
newly-independent
country's
democracy.
Political organization
has
undeniable role in establishement of democratic political system. Political
organization is possible via political parties. Political parties have exclusive
role in preparing political staff for a bigger organization – the state. Political
preparation at political parties is the beginning of preparation for state
governing system. In case political parties do not have place in politcial
system, then inclination for collective political activity disappears and
personal initiatives come to the forefront. Not accidentally, sympathy for
and tendency of joining political parties in Azerbaijan rapidly decreased
after election system change in 2002 and elimination of proportional system,
carrying significance for political parties. Today, political parties are
lagging behind the society's political life. In today's election system, there is
no difference among political parties and any individual initiative group.
Both can nominate candidates, express support for some candidates, send
observers. But they cannot participate in elections as a representative of
passive voting right. Thus it is impossible for them to present political
platform to society, convince voters to vote for their political course, to their
loyalty to implement its political course. Because it has no place in the
current system. An elector votes for not any political party, but particular
candidate. Individual has no political affiliation. In case he refuses any
political course, there is no political and legal supposition about possible
political responsibility. There is no legal outcome of political connection
with political party. In this case, political party's attractiveness, charm is
sentenced to disappear. It's not occasional that no former faction, block, or
group remained in the parliament after system change. The parliament is
only a non-political gathering of individuals. Non-political because some
one third of the parliamentarians declare themselves to be politically
nonpartisan and allege they are not linked to any political party, political
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ideology and organization. Even though parliament is the place of
discussion of political views, a significant number of deputies call
themselves nonpartisan and claim they are not engaged in political activity.
World democratic practice does not and cannot include such an absurd
approach as representation of a person without political affiliation in
parliament.
Actually, one of the problems is connected with the fact that Constitution
adopted in 1995 has no article indicating place of political parties in
political system and this is the source of legal problem regarding formation
of political parties in society, their activity and place in government. For
instance, Article 68 of Turkey's Constitution widely describes establishment
of
political
parties,
membership
in
parties
and
withdrawal from
membership. It points out that political parties are main components of
democratic society. Parties are established without getting advance
permission and function within Constitution and laws. Separately, the article
indicates that it is not acceptable for political parties to encourage change of
democrtic society,
republican regime,
inciting
people to
crime,
discrimination. The Constititution also describes those who cannot become
a political party member due to profession. Political parties' receiving
necessary financial aid from state is also settled as a constitutional norm.
In a legal system with politically - isolated parties, multi-party pluralist
democracy has no chance to be established. Only an election system with
active role of political parties can instigate organization of political parties,
individuals' engagement in political activity. And only electoral system can
encourage multi-partiness, increase parties' political role in society. In a
unitary state like Azerbaijan, there is no urgency for majority system to be
applied and maintained. There is no disbalance necessitating protection for
ethno-national or religious discrimination in disticts. There is no objective
case to claim that a Naxcivan-born will not represent Baku or a Kurdamir-
born will work against benefits of Sheki population.
In case of proportionate system, there are equal chances for people from all
districts like their representation in one political party. The only criterion
will be competition in political activity. Political figures and political team
being in the forefront and capable to lead the society will have more chance
to get votes and to be elected. Thus, political parties will prefer competitive
methods rather than some subjective criteria and will form its display during
elections in accordance with fully objective criteria. Certainly, one more
significant method of its formation will be conduct of inter-party primaries
and
determine
party
display
in
election
list.
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One of the constitutional interferences in electoral system is the amendment
made on referendum dated March 18, 2009. Provision stipulating " No
person can be elected President of the Republic of Azerbaijan more than
twice" of Section VI of Article 101 of Constitution was excluded from
Constitution via the most recent referendum. It paved "legal way" for one
person to remain in power for longer term. One person's remaining in power
for long term creates inclination for authoritarism in regimes where
democratic institutions are under formation and is evaluated as an
impediment on the way of forming democratic society. Not accidentally,
Vladimir Putin, who has played a significant role in political life of the
Russian Federattion, did not nominate for presidential post on 2008, as he
had already served for 2 terms and enabled Medvedev to become president.
However, his political power, superiority in Duma and public prestige
enabled him to amend the Constitution to abolish 2-term limit and occupy
presidential post. Not to damage the government's democratic image, he did
not choose the way of amending legislation and the existing Constitutional
norm was followed.
Changing this norm of the Constitution is one of the factors seriously
restricting power transformation via democratic way. Undoubtedly, persons
who have long been in power are sometimes undeniably stronger than
rivals. For instance, Clinton who was elected US president in 1992, could
probably have gathered more votes than George Bush in 2000. But a
democratic system obligating power transformation did not considered
legitimate in. Not accidentally, the Council of Europe Venice Commission
(Commission for Democrary via Law) has declared that " Constitutional
restrictions ensuring change of presidents in subsequent terms are of
particular significance for countries with not very strong democratic
structures and relevant cultural perceptions. According to the opinion of the
Venice Commission, the elimination of the restriction means serious setback
in the way of Azerbaijan's establishing strong democracy".
Abolishment of constitutional impediments for democratization of electoral
system, conduct of new constitutional reform can only add positive values
to building democratic society in near future. To eliminate these
constitutional obstacles, some very simple steps should be taken:
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1. A new provision "political parties" should be added to Constitution,
constitutional guarantees should be ensured for political parties' role and
place in political system, their establishment and finance for their activity.
2. The existing electoral system to the National Assembly in Azerbaijan
should be changed completely, the majority system should be absolutely
rejected, proportional
system
should
be introduced.
During
its
implementation, staged transfer can also be taken into consideration.
a. In this case, 125 constituencies should be abolished, a unique
pond- constituency should be established, votes given to registered and
legally - working parties should be collected, divided by deputy seats and a
system defining seats for parties should be introduced.
b. Taking into consideration the parliament's functioning, the seats
in National Assembly can be increased to 200 persons.
c. The party lists can also include independent candidates.
3. The previously existing norm of the Constitution should be re-
introduced, the new form of the provision should ban one person's
repeated candidacy excluding 2 term election irrelevant its consequency.
4. To encourage democratic habits in society, participation in elections
should be determined not only as a right but also a duty. With exception of
political partie
s’ boycot decisions, those refusing participation should be
punished with administrative fine.
II.General view at Election Code of the Republic of Azerbaijan
Election Code was approved and enforced by the Law of the Republic of
Azerbaijan dated 27 May, 2003, N 461-IIQ "On approval and enforcement
of the Election Code of the Republic of Azerbaijan". Over the past 12 years,
the National Assembly has changed and amended the Election Code by 17
times. They were realized at following dates:
1.
The Law of the Republic of Azerbaijan "On making change to the
Election Code of the Republic of Azerbaijan" dated November 11, 2003, N
516-IIQD;
2.
The Law of the Republic of Azerbaijan "On amending the Election
Code of the Republic of Azerbaijan" dated June 8, 2004, N 685-IIQD;
3.
The Law of the Republic of Azerbaijan "On amending the Election
Code of the Republic of Azerbaijan" dated October 12, 2004, N 771-IIQD;
4.
The Law of the Republic of Azerbaijan "On making amendments and
changes to some legislative acts of the Republic of Azerbaijan" dated
December
30,
2004,
N
819-IIQD;
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5.
The Law of the Republic of Azerbaijan "On making amendments and
changes to some legislative acts of the Republic of Azerbaijan and some
legislative acts losing validity " dated March 4, 2004, N 856- IIQD;
6.
The Law of the Republic of Azerbaijan "On making changes and
amendments to some legislative acts of the Republic of Azerbaijan" dated
June 14, 2005, N 938-IIQD;
7.
The Law of the Republic of Azerbaijan "On Making changes and
amendments to the Election Code of the Republic of Azerbaijan" dated June
28, 2005, N 957-IIQD;
8.
The Law of the Republic of Azerbaijan dated December 23, 2005 N
35-IIIQD;
9.
The Law of the Republic of Azerbaijan dated June 16, 2007, N 385-
IIIQD;
10.
The Law of the Republic of Azerbaijan dated June 2, 2008, N 611-
IIIQD ;
11.
The Law of the Republic of Azerbaijan dated December 16, 2008, N
739-IIIQD ;
12.
The Law of the Republic of Azerbaijan dated March 5, 2010, N 972-
IIIQD ;
13.
The Law of the Republic of Azerbaijan dated June 18, 2010, N 1035-
IIIQD;
14.
The Law of the Republic of Azerbaijan dated February 1, 2011,, N 55-
IVQD;
15.
The Law of the Republic of Azerbaijan dated April 20, 2012, N 327-
IVQD;
16.
The Law of the Republic of Azerbaijan dated April 30, 2013, N 632-
IVQD;
17.
The Law of the Republic of Azerbaijan dated April 3, 2015, N, 1243-
IVQD ;
Even though some of these changes were carried out in coordination with
different legislative acts, some were broader and more comprehensive. For
instance, before 2005 parliamentary elections, changes and amendments
were made to 58 provisions by Law dated June 28, 2005, N 957-IIQD. Prior
to 2008 presidential elections, 91 amendments and changes, more than those
in 2005, were made to the Election Code, through the Law of the Republic
of Azerbaijan dated June 2, 2008, N 611-IIIQD. The 3rd significant change
was introduced ahead of 2010 parliamentary elections, by Law dated June
18, 2010, N1035-IIIQD. Then 33 different provisions were changed or
amended, or provisions were excluded from the Code. More than 10
corrections, amendments and changes were made to the Code in 2011 and
116
2012, terms were reduced in particular. Prior to municipal elections of 2014
municipal elections, 4 different changes were made to provisions on
municipal elections by Law dated April 30, 2013, N632-IVQD. Generally,
over the past 12 years, amendments, changes and corrections were made to
some 200 provisions of the Election Code, or provision was absolutely
taken from the Code. However, opinions of political parties, alternative
political view carriers, public bodies specialized in electoral sphere, political
blocs, international election missions were not taken into consideration
before these steps were taken, no public consensus was sought for the
changes made. However, within 12 years after the Code was adopted,
different political strata, public institutions, associations, lawyers, as well as
international and regional organizations, their professional bodies and
experts in electoral sphere put forth effective proposals to improve electoral
system, to seriously update Election Code, to create socio-political
consensus and eliminate public disbelief in elections and its outcome,
projects were worked out, put into public discussion, recommendations were
introduced. But the side maintaining political will remained closed to these
proposals and researches, did not go to serious changes which could create
confidence in political sides. The changes to the Code made the existing
ones more antidemocratic, restricted opportunities, maneuvers, freedoms, or
they were included into legislation for concrete persons. (As it was in the
case of Rasul Guliyev). Some of such changes stipulated reduction of
election period from 120 to 75 days in 2008, to 60 days in 2010.
Correspondingly, term for signature collecting was reduced twice, term of
political campaigning from 60 to 22 days, the place for free assembling was
reduced to one in each constituency. Campaigning opportunities in state
media, elimination of voluntary financial deposit were excluded from the
Code.
Generally, there are many objective reasons to revise the Election Code.
Main factors necessitating it are establishment of public consensus and
political confidence in the society, as well as among political sides,
restoration of confidence in free and fair elections considered basis of
democracy.
A) Terms in Election Code
Reducing the 120-day term to 75 days considered for starting elections and
referendums in 2008, to 60 days in 2010, shortening of all electoral
procedures accordingly, particularly, reduction of the campaign period to 22
days are the main factors negatively impacting formation of democratic
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election environment, voters' getting introduced with candidates, their
contacts with voters. Separately, shortening of terms is also restricting ways
of effective use of vote right, chances of restoring rights by investigating
complaints. The OSCE Organization for Democratic Institutions and Human
Righs (ODIHR) Election Observation Mission also criticized this point in its
December 24, 2013 Final Report. The report reads: "The general term
considered in the Electoral Code for conduct of elections has been
shortened and at some moments, no sufficient opportunities were provided
for conduct of preparation work and use of opportunites envisaged by law...
The term for conduct of elections should be increased to provide broader
chances for participation of potential candidates and to provide efficiency
for management of elections. Particularly, changes should be made to
deadlines for effective use of opportunities envisaged by law in certain
cases".
To resolve the problem, the terms which existed when the Election Code
was adopted should be reinstated. Particularly, the campaign period
should not be less than 45 days.
B) Formation of the election commissions
According to the Election Code, elections and referendums in Azerbaijan
are conducted by three-tier election commissions. These Commissions
consist of Central Election Commission with 18 members, 125 Constituency
Election Commissions (ConECs) with 1125 members and 5,273 Precinct
Election Commissions with 31,638 members. The total number of
commission members is 32781. One third of all commission members each
are proposed by the parliamentary majority, minority, and by independent
deputies. By law, all commission chairs are nominees of the parliamentary
majority. In practice, representatives of both the parliament majority and
independent deputies, as well as representatives of parties being ruling
party's "satellite", but seen as "minority" in parliament, support the same
political view, take side with not justice, but the political side they represent
during adoption of decisions and this deepens disbeleif in elections and their
results.
Actually, election commissions conduct not only parliamentary elections,
but also all presidential, municipal elections and referendums. In this case,
there is no political or legal explanation to give place in commissions for
balancing purposes to nonpartisans who do not represent any political side,
do not participate in presidential or municipal elections, as well as do not
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constitute a concrete side in issues taken to referendum. Non-party deputies
have supported authorities' candidate in all presidential elections, some have
even acted as lawyer of government candidate. At the same time, at March
18, 2009 referendum, they have fully supported the issue the government
had put to referendum. In practice, nonpartisans have always been on one
side and this side has been beside the government.
As "nonpartisans" do not have concrete structure, organization and
representation in constituencies, it's impossible fot them to nominate
candidate for representation in ConECs and PECs. Central Election
Commission manual on formation of lower commissions explicitly indicates
this factor. The instructions read that nonpartisans nominate representatives
for ConECs and PECs at meeting of non-partisan citizens’ initiative groups.
However, it's practically impossible and this process is implemented directly
via executive structures.
This approach has not been limited to only nonpartisans. During the latest
referendum, some opposition party leaders represented in CEC, led the
groups supporting government's position in referendum, imposed on
audience via their TV speeches the necessity of supporting government
position. That same referendum included elimination of term limit for
president, which paved way for getting away from democratic principles.
This scene is clear indication of the urgency of re- composing election
commissions by new principle. No democratic, transparent and fair elections
are held without society's and political sides' full confidence in commissions
– these claims will always exist. To eliminate the claims once for all,
commissions should be re-composed with balanced participation of real
political sides. The OSCE ODIHR also mentioned this issue in its December
24, 2013 Final Report: " To increase impartialiy and increase public
confidence in the work of election bodies, composition of election
commissions should be reviewed at all levels with participation of all
interested sides and relevant changes should be made to Election Code".
Also, let's have a look at Joint Opinion of OSCE/ODIHR and Venice
Commission given in 2004 (#. 286/2004): “Commissions should gain
confidence of main interested sides in electoral sphere. To achieve this goal,
pro-government forces should not have priority in their composition.
Existing
conditions
and
laws
do
not
allow
to ensure
this”.
See:
http://www.osce.org/odihr/elections/azerbaijan/41715
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All the past elections and referendums have shown that election
commissions formed on the basis of existing principles have worked under
the monopoly of ruling party, under the control of executive power. The
persons assigned for membership in commissions mainly work in
government budget-funded sectors – education, health, culture, and
subordinated to executive structures. It would be naive to think that they are
independent during election period and are subordinated other times.
The European Court of Human Rights has recognized violation of voting
right in more than 12 election constituencies, by current election
commissions and the Central Election Commission which approves these
commissions' decisions. Separately, there are plenty of cases when no
decision was adopted, but the government accepted violations and gave
compensation. International and independent local organizations conducting
monitoring of the past elections, considered none of the elections conducted
by these commissions to be in complaince with international standards, fair
and objective. Not accidentally, OSCE, which observed 2013 elections,
declared that 58% of votes was counted badly or very badly. In general,
after every election, independent local institutions and international
missions propose re-composing election commisions, in a form that could
create confidence in sides.
This fact shows that existence of commissions in the Code-situpaled form
has lost legitimacy. Further existence of this nonlegitimate structure will
always signify legal and political non-confidence, deepen political non-
confidence and polarization in society.
Taking this into consideration, composition of all election commissions at
all levels and positions in election commissions (chair, deputy chair,
secretary) should be re-organized in a balanced way, on the basis of equal
representation of all political parties (between the government and its
supporter and the opposition being in front of government during all
political processes or its union). Then the issue of quorum in adopton of
decisions could be revised and be adopted by simple majority of vote.
C) VOTER REGISTRATION
All citizens of the Republic of Azerbaijan over 18 years of age have the
right to vote, except those recognized as incapable by a court decision.
Voter registration and voter lists are composed on the basis of voters
permanent
register
maintained
by
CEC.
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On the eve of 2013 presidential elections, according to CEC information
disclosed in September, 5.016.365 voters were registered. The figure later
reached 5.145.592 including those on military service. To the election date
in 2013, voter number made 5.214.787, including those on supplementary
lists, who specified their names and included into the list. According to the
information OSCE/ODIHR Election Monitoring Mission received from
State Statistics Committee, the number of population over 18 years of age
made 6.800.000 to January 1, 2013.
The difference in numbers provided by two state bodies made 1.600.000.
Regretfully, there is no logical explanation to this big difference. This scene
underlines the problem of voter registration and its impact on elections. The
voter number taking part in the recent presidential elections was 3.735.374.
It means, some 42.8% voters against those participating in elections
remained
undetermined.
CEC
established
site
https://www.infocenter.gov.az/default.aspx
) had a search menu for voter list.
Voters could search their names in this list. The site management also
conducts a poll on the site. They ask a question: "Did you find your name in
the list?" Interestingly, 46.55% of the respondents answered "no", 48%
answered "yes". This poll also indicates that there is a serious problem with
registration of names in the voter list.
A good deal of work has been carried out in Azerbaijan for the recent years
in connection with transfer to electronic administration, electronic unique
register has been created, legislation has been updated. The site
www.e-
gov.az
is functional. Majority of state bodies have been integrated to this
system. The state bodies intensively working with population have been
integrated to this system. These bodies are the Interior Ministry, Health
Ministry, Education Ministry, State Social Protection Fund, Taxes Ministry,
Justuce Ministry, Military Comissariat and others. The information of these
bodies is united in unique pool – in e-gov system. The difference between
the State Statistics Committee and CEC is surprising against the existence of
such infrastructure.
Taking into consideration the state's all opportunities, new amendments
should be made to Election Code in connection with voter registration,
CEC should automaticaly use citizens unique electronic registration
register. This way, the inter-body difference can be eliminated and no
voter
name
will
be
absent
from
the
voter
list.
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Free expression of those on real military service in elections is a seriously
disputable issue. Practice shows that vote results in polling stations
estblished in military units and closed institutions is always 95% in favor of
one side. As real military servicemen factually act under orders, there are
certain problems in their free expression of themselves. Besides, it's not
clear why temporary military servicemen and prisoners should participate in
election of a municipality member who carries out function of local self-
government or a deputy elected through majority system.
To overcome the problem, relevant changes should be made to legislation,
voting right for real military servicemen should be limited while on
military service. Separately, prisoners should not be included into voter
lists and their participation in elections should be temporarily limited.
Shortly, establishment of temporary polling stations in closed institutions
should be eliminated.
Voter turnout of 50%+1 should be obligatory in a referendum to be
considered valid.
A requirement of 50% voter turnout should be set for presidential,
parliamentary and municipal elections.
D) Nomination and registration process of candidates
According to Election Code, political party or bloc of political parties
should adopt a separate decision on candidate nomination for every election
constituency in parliamentary and municipal elections, should submit all
necesary documents for every constituency. This procedure complicates to a
greater extent nomination of candidates by those bodies, makes it difficult
and causes extra expenses, increases documentation.
As the working group checking voter signatures supporting candidates and
other documents, is not composed of independent experts, registration of
potential candidates is illegally rejected. Simultaneously, general character
of some provisions on basis of refusing candidate registration, enables
gorundless rejection of registration. In practice, no objective unit of
measurement is applied while checking the signatures. Those checking
randomly declare any signature to be "false" on suppositions, declare
several signatures to be false and cross "undesirable" candidates. According
to CEC information in 2010, a total of 1412 people over 125 election
constituencies took signature sheets for nomination, some 297 of them did
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not return them, 1115 persons (80%) submitted necessary signatures for
registration to Constituency Election Commisions. Some 721 of them (50%)
were registered for deputy seat, 394 were rejected. Thus, every 2 out of 3
candidates nominated mainly by political parties were rejected registration.
346 persons out of 394 rejected were participants of 5 political blocs. While
113 out of 115 candidates of ruling party were registred, only 35 of 92
candidates representing "APFP-Musavat" bloc, 33 out of 99 candidates of
"Garabagh" bloc and 17 out of 101 candidates of "Democracy" bloc were
registered. The registration percent of ruling party was 98.26%,
that of
blocs was only 28%. Strict conditions for collecting voter signatures
supporting candidate in presidential elections is also one of serious
problems. Candidates should collect at least 40.000 signatures, at least 50
from every 60 election constituencies.
The provisions on financial deposit for registration when signatures are not
sufficient were excluded from the Code. Consequently,
in recent
parliamentary elections, 72% candidates of political parties and blocs were
not registered and were artificially removed from political competition.
However, a high number submitted signature lists to constituency
commissions during 2005 parliamentary elections, only 8% of candidates
was registered.
One voter giving only one signature also causes serious problem at
elections. Competition of candidates ensures democracy in elections. Big
number of alternatives increases chance of right choice. Thus, one person's
supporting more than one candidate impacts democratic environment only
positively. Separately, supporting contestants is an issue not included in
voting process and not impacting it. In case you support more than one
contestant, you will finally vote for one candidate. But supporting
democratic election environment, more than one contestant will only
contribute to promotion of developing democracy.
To eliminate the above-mentioned problems, registration of candidates
nominated
by
political parties
and
bloc
of
political parties
in
parliamentary and municipal elections, should be conducted on the basis
of candidates list approved by political parties and bloc of political parties.
The names of candidates on constituencies included in the decision
should be submitted to CEC when elections start. ConECs should not
demand an additional decision from political parties and party blocs.
Separately, CEC should be able to directly use register information of
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political parties at Ministry of Justice, no registration document should be
required from the sides.
Voter signatures supporting candidate at presidential candidates shold be
collected without any quorum, voters should have right to give signature
for
more
than one
candidate.
Registered
political
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