Global Initiative to Enfranchise People with Disabilities: Azerbaijan - www.electionaccess.org
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Azerbaijan

General Right to Vote
Constitution
(11 November 1995, amended 2002)

  • Article 25 states: "Every Person shall have equal Rights and Freedoms irrespective of race, nationality, religion, sex, origin, property status, social position, convictions, political party, trade union organization and social unity affiliation. Limitations or recognition of Rights and Freedoms because of race, nationality, social status, language origin, convictions and religion shall be prohibited."

Electoral Law
Election Code of the Republic of Azerbaijan
(2003, amended 2010)

  • Article 12, section 1 states, “ Except for the cases stipulated by Article 56 of the Constitution of the Republic of Azerbaijan and by Article 14 of this Code, every citizen of the Republic of Azerbaijan, who has attained the age of 18 years by the day of Parliamentary, Presidential and Municipal elections and referendum (including the same day) shall have the right to elect, to vote in referendum, to observe elections (referendum process), to participate in pre-election (pre-referendum) campaign, to participate in carrying out of actions related to the election actions and preparation of referendum provided for in this Code, that is the active suffrage.”

Exclusion Based on Intellectual Disability
Constitution
(11 November 1995, amended 2002)

  • Article 56 states: "Citizens of the Azerbaijan Republic shall have the right to elect and be elected to the government bodies, and to participate in referendums. Persons whose incapacity has been determined by the court shall not have the right to participate in the elections as well as in the referendum."

Electoral Law
Electoral Code of the Republic of Azerbaijan
(2003, amended 2010)

  • Article 12, section 4 states, “According to Article 56.2 of the Constitution of the Republic of Azerbaijan, persons recognized by a court decision as incapacitated, shall be deprived of active suffrage, i.e. the right to participate in elections as well as in referendums.”
  • Article 13, section 3 states, “Pursuant to Articles 56.3, 85 and 100 of the Constitution of the Republic of Azerbaijan the following persons shall not have a right to be elected as a deputy of the Milli Majlis, President, member of a municipality, i.e. they shall not have the passive suffrage...13.3.1 people sentenced to servicing their sentence in institutions of confinement, by court decision, which has entered into force.”

Voter Assistance
Electoral Law
Electoral Code of the Republic of Azerbaijan
(2003, amended 2010)

  • Article 17, section 6 states, “During the organization and holding of elections (referendums), election (referendum) commissions, their members and other officials must follow the following requirements when undertaking their activities...17.6.19 must create all possible opportunities for participation in elections for disabled voters or voters with other physical handicaps, as well for those living in distant or impassible places who require special voting conditions.”
  • Article 47, section 7 states, “Voters who are in hospitals, sanatoriums, rest homes are shall be included in the voters lists of the election precincts created there on the basis of an identification document or other substitute document. If no voting station is created in the aforementioned places in accordance with Article 35.4 of this Code, then such voters located in those places shall be included in the voters lists pursuant to information provided to the Precinct Election Commission by the administration of those institutions. The mentioned information shall fully describe all the data contained in the voter’s identification document or substitute document.”
  • Article 47, section 7 states, “Disabled citizens of the Azerbaijan Republic can be included in voters lists according to information provided by their relatives or other persons who have relations with them. In such case, the identification document or a substitute document of the disabled citizen shall be presented.”
  • Article 104, section 9 states, “Every voter shall vote in person and alone. To vote in place of other persons shall be is prohibited. Ballot paper shall be marked in a room or booth where nobody is authorized to enter and equipped with special technical means for the secret vote. A disabled voter, who is not able to mark the ballot paper without assistance, can invite any other person to the voting booth or room, except members of Precinct Election Commission and observers. The surname and initials of this person shall be indicated together with the voter’s signature on receipt of the ballot paper in the voters list.”

Off-Site Voting
Electoral Laws
Electoral Code of the Republic of Azerbaijan
(2003, amended 2010)

  • Article 104, section 4 states, “If a voter ascertain that he/she will not be able to go to the polling station on the voting day because of health state or other good reasons, he/she should directly or via some other person inform the Precinct Election Commission either orally or in writing at least 24 hours prior to the voting day about his/her intention to vote outside the voting room. If the intention is declared orally, it shall be officialized by a relevant application during the voting. “
  • Article 105, section 1 states, “The Precinct Election Commission should create possibilities to all voters, including those who cannot come to the voting room because of the state of health. A mobile box for this purpose should be available in election precinct.”

 


 
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