NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
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1. Electoral commissions: system, composition and decision-making
procedure
31. Elections and referenda are organised and carried out by electoral
commissions, which are competent to deal with a wide range of issues
relating to the electoral process (Article 17). There are three levels of
electoral commissions: (a) the Central Electoral Commission (“the CEC”);
(b) constituency electoral commissions (“the ConEC”); and (c) precinct
(polling station) electoral commissions (“the PEC”) (Article 18.1).
32. Each electoral commission at every level has a chairperson and two
secretaries who are elected by open voting by members of the relevant
electoral commission. The chairperson of each electoral commission at
every level must be a representative of the political party holding the
majority of parliamentary seats in the Milli Majlis. One of the secretaries
must be a representative of the political parties holding the minority of
parliamentary seats, and the other one a representative of “independent”
members of parliament who are not formally affiliated with any political
party (hereafter also referred to as “the non-partisan members of
parliament”) (Article 19.3).
33. Meetings of electoral commissions at every level are convened either
by the chairperson or by at least one third of the relevant commission's
members (Article 19.5). A quorum for meetings of any electoral
commission is at least two-thirds of its members (Article 19.10). The
qualified majority vote of two-thirds of the members who are in attendance
is required for adoption of decisions of any commission at any level
(Articles 28.2, 34.3 and 39.3).
34. The CEC consists of eighteen members who are elected by the Milli
Majlis. Six members of the CEC are directly nominated by and represent the
political party holding a majority of seats in the Milli Majlis, six members
are nominated by and represent the non-partisan members of parliament,
and six members are nominated by and represent all the political parties
holding a minority of parliamentary seats. Out of the six nominees
representing the non-partisan members of parliament, two candidates are
nominated “in agreement” with the “interested parties”: one of the nominees
is agreed by the representatives of the majority party and the other is agreed
by the representatives of the minority parties (Article 24).
35. Each ConEC consists of nine members who are appointed by the
CEC. Three members of the ConEC are nominated by the CEC members
representing the parliamentary majority party, three members are nominated
by the CEC members representing the parliamentary minority parties, and
three members are nominated by the CEC members representing the
non-partisan members of parliament. Local branches of the relevant political
parties may suggest candidates to ConEC membership for nomination by
the CEC members representing the relevant parties. Out of the three
candidates nominated by the CEC members representing the non-partisan
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