KERIMOVA v. AZERBAIJAN JUDGMENT
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II. RELEVANT DOMESTIC LAW AND INTERNATIONAL REPORTS
A. Electoral Code
24. After the count of votes in a polling station at the end of the election
day, the PEC draws up an election protocol (in three original copies)
documenting the results of the vote in the polling station
(Articles 106.1-106.6). One copy of the PEC protocol, together with other
relevant documents, is then submitted to the relevant ConEC within
24 hours (Article 106.7). The ConEC verifies whether the PEC protocol
complies with the law and whether it contains any inconsistencies
(Article 107.1). After submission of all PEC protocols, the ConEC
tabulates, within two days of election day, the results from the different
polling stations and draws up a protocol reflecting the aggregate results of
the vote in the constituency (Article 107.2). One copy of the ConEC
protocol, together with other relevant documents, is then submitted to the
CEC within two days of election day (Article 107.4). The CEC checks
whether the ConEC protocols comply with the law and whether they contain
any inconsistencies (Article 108.1) and draws up its own final protocol
reflecting the results of the elections in all constituencies (Article 108.2).
25. If within four days of election day the CEC discovers mistakes,
impermissible alterations or inconsistencies in protocols (including the
accompanying documents) submitted by ConECs, the CEC may order a
recount of the votes in the relevant electoral constituency (Article 108.4).
26. Upon review of a request to invalidate the election win by a
registered candidate, an electoral commission has a right to hear
submissions from citizens and officials and to obtain necessary documents
and materials (Article 112.8).
27. In case of discovery of irregularities aimed at assisting candidates
who have not ultimately been elected, such irregularities cannot be a basis
for invalidation of election results (Article 114.5).
28. The ConEC or CEC may invalidate the election results in an entire
single-mandate constituency if election results in two-fifths of polling
stations, representing more than one-quarter of the constituency electorate,
have been invalidated (Article 170.2.2).
29. According to former Article 106.3.6 of the Electoral Code in force at
the material time, during the initial vote-counting at a polling station at the
end of election day, upon discovery in the ballot-box of a voting ballot
which had not been properly placed in the corresponding envelope, the vote
on that ballot was considered to be invalid. Article 106.3.6 was
subsequently repealed on 2 June 2008.