Constitutional Law on Elections in the Republic of Kazakhstan (1999 with amendments of 2004)
The Constitutional Law
of the Republic of Kazakhstan
On elections
in the Republic of Kazakhstan
The heading in the edition of the Constitutional Law of the Republic of Kazakhstan is as of May 6, 1999 № 375
The preamble is excluded by the Constitutional Law of the Republic of Kazakhstan on May 6, 1999 № 375
I. The general part
Chapter 1. General provisions
Article 1. The relations regulated by the present Constitutional Law<
The present Constitutional Law regulates the relations arising at preparation and holding of the Presidential elections, elections of the Senate and Mazhilis deputies of the Parliament, maslikhats and members of the local government bodies of the Republic of Kazakhstan, as well as stipulates the guaranties ensuring freedom of declaration of their will by the citizens of the Republic.
Article 1 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan on May 6, 1999 № 375.
Article 2. Freedom of elections
The elections in the Republic of Kazakhstan are based on the principle of a free implementation by the citizen of the Republic of his/her right to vote and to be elected.
Article 3. Principles of the election franchise
1. The elections of the President, deputies of Mazhilis of the Parliament and maslikhats, members of the local government bodies of the Republic are conducted on the basis of the universal, equal and direct suffrage by secret ballot.
2. The elections of the Senate deputies for the Parliament of the Republic are conducted on the basis of the indirect suffrage by secret ballot.
3. Participation of the citizens of the Republic in elections is voluntary. Nobody has the right to force the citizen of the Republic to participate or not to participate in elections, and as well as to limit his/her declaration of will.
Article 3 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.
Article 4. The universal election franchise (suffrage)
1. The universal election franchise - the right of citizens of the Republic of Kazakhstan to participate in voting at elections on attainment of majority at the age of eighteen years by the citizen of the country irrespective of his/her birth origin, social, official capacity and property status, sex, race, nationality, language, relation to religion, belief and faith, place of residence or any other circumstances.
2. The eligibility - the right of citizens of the Republic of Kazakhstan to be elected the President of the Republic of Kazakhstan, deputy of the Parliament of the Republic of Kazakhstan, of maslikhat or a member of the local government body.
3. The citizens recognized by the court as legally incapable, and also kept in the places of confinement under the sentence of the court do not participate in elections.
4. A person with a prior conviction not cancelled or withdrawn in the statutory order by the time of registration is not subject to be registered as the presidential contender of the Republic of Kazakhstan, in deputies of the Parliament of the Republic of Kazakhstan, under party lists, maslikhats and also as a candidate in members of bodies of local governments.
Article 4 items 2, 4 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 8, 1998 № 222; item 4 with the addendum introduced by the Constitutional Law of the Republic of Kazakhstan as of May, 6, 1999 № 375; item 4 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 5. The equal franchise (suffrage)
1. Voters participate in presidential elections, in elections of deputies of Mazhilis of the Parliament and maslikhats of the Republic on equal basis and each of them enjoys one vote per one ballot.
2. Voters participate in elections of members of the local government bodies of the Republic on equal basis and each of them enjoys an equal number of votes.
3. The candidates are guaranteed equal rights and conditions for participation in elections.
Article 5, items 1, 3 with a change and an addendum introduced by the Constitutional Law of the Republic of Kazakhstan as of May, 6, 1999 № 375; item 3 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 6. The direct suffrage (election franchise)
The President, deputies of Mazhilis of the Parliament and maslikhats, members of the local government bodies of the Republic are elected by citizens directly.
Article 7. The electoral choice (indirect election franchise)
1. Electors - the citizens of the Republic who are deputies of maslikhats shall participate in elections of the Senate deputies of the Parliament.
2. Electors participate in elections of the Senate deputies on equal basis and each of them has enjoys one vote at elections of the Senate deputy.
Article 7 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 8, 1998, № 222.
Article 8. Secret voting
Voting during the presidential elections, elections of the deputies of the Parliament and maslikhats, members of the local government bodies of the Republic is secret and, hence, excludes any possibility of exercising any control over declaration of voters’ will.
Article 9. Electoral systems
1. The following system for counting of votes shall be applied at presidential elections and elections of the deputies of the Parliament:
1) Excluded by the Constitutional Law of the Republic of Kazakhstan as of November 6, 1998, № 285;
2) The candidate is considered to be elected if:
- The candidate has collected more than fifty percent of votes of the voters (electors) who have taken part in voting;
- The candidate who at a repeated voting in comparison with the other candidate has collected the greater poll of the voters (electors) who have taken part in voting.
2. At elections of deputies of the maslikhats, the candidate is considered to be elected if in comparison with the other candidates he/she has collected the greater poll of the voters who have taken part in voting.
3. The following system of votes’ counting is applied at elections of members of the local government bodies:
1) Excluded by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999, № 375;
2) The candidates are considered to be elected if the majority of the voters who have taken part in voting (voters) have voted for them in comparison with other candidates.
Article 9, item 1, subitem 2) in edition of the Constitutional Law of the Republic of Kazakhstan as of November 6, 1998 № 285; item 1, subitem 2), item 2, subitems 1), 2), item 3, subitem 1) with the changes and the supplement, introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1, subitem 2) with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 2 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Chapter 2. Election bodies
Article 10. Election bodies, their system and the term of office
1. The state election bodies organizing preparation and holding of elections in the Republic shall act as the election committees.
2. The single system of election committees is formed of:
1) The Central election committee of the Republic;
2) Territorial election committees;
3) District election committees;
4) Divisional election committee.
3. The term of office of election committees constitutes five years.
Territorial, district and divisional election committees are elected by the corresponding maslikhats on the basis of proposals of political parties.
Each political party has the right to propose one candidature to the membership of the corresponding election committee. The political party has the right to propose to the membership of the election committee the candidatures who are not members of the given political party.
If the political parties do not submit any proposals within the term specified by the maslikhat - not less than one month prior to the term of formation of election committees - the maslikhats shall elect the election committee based on the proposals of other public associations and the higher election committees.
The persons suggested in members of the election committee are to submit an application with expression of their consent to participate in the work of the given committee. The chairman, vice-chairman and the secretary of the election committee shall be elected on the first meeting of the election committee.
Formation of the new membership of the election committees begins not later than two months before and ends not later than three days prior to termination of the term of office of the election committees.
The bodies forming the election committees have the right to introduce changes in their membership within the term of office of the election committees.
4. Decisions on formation of election committees, their membership and location are announced in mass media.
5. The decisions of the election committees accepted within the limits of their competency are obligatory for execution by all state bodies, organizations, bodies of local government, and also their officials on the corresponding territory.
6. It is impermissible to intervene in the activities of the election committees while they accomplish the authorities granted to them.
7. The activity of the election committee can be terminated by decision of the body forming the election committee or by court decision based on an application of the higher election committee.
8. The member of the election committee cannot be discredited of his/her authorities, except for the cases indicated in items 6 and 7 of article 19 of the present Constitutional Law.
Article 10 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 11. The Central election committee of the Republic
1. The Central election committee heads the single (uniform) system of the election committees of the Republic and acts as a permanent body.
2. The Central election committee consists of the Chairman, vice-president, secretary and members of the committee elected and released from the position by Mazhilis of the Parliament based on the presentation of the President of the Republic.
3. The chairman and the secretary of the Central election committee must have the higher legal educational background.
4. The Central election committee shall have its own personnel.
5. Expenses on maintenance of the Central election committee and its personnel are covered from the Republican budget.
Article 12. The authorities of the Central election committee of the Republic
The Central election committee:
1) Implements on the territory of the Republic control over execution of the Law on Elections; provides for its uniform application; makes decisions within the limits of its competency boundary for execution across the territory of the Republic;
2) Will organize preparation and holding of elections of the President and deputies of Mazhilis of the Parliament; supervises over organization and holding of elections of the Senate deputies of the Parliament;
2-1) Considers the issue of admission of political parties to participation in elections of a part of deputies of Mazhilis of the Parliament who are elected under party lists;
3) Forms election districts on elections of deputies of Mazhilis of the Parliament, determines their uniform numbering and publishes the given information in mass media;
3-1) Excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545;
4) Makes up and submits to the Government of the Republic an estimate of expenditures on conducting of an election campaign;
5) Exercises management over election committees on elections of the President, deputies of the Parliament; cancels and suspends their decisions; distributes among them the funds from the Republican budget allocated for conducting of election campaigns; controls creation of the required material and technical conditions for the activities of election committees; considers applications and petitions related to decisions and actions (inactivity) of the territorial and district election committees; conducts workshops with representatives of political parties on organization and holding of elections; implements international cooperation in the area of electoral systems;
6) Establishes the form and text of the ballots for presidential elections, the form of the ballots for elections of deputies to the Parliament, maslikhats and members of the local government bodies, the order of their production, and also the degree of security, the forms of voter's lists (electors), a subscription sheet for collection of electors’ signatures in support of candidates in Presidents and collection of electors’ signatures in support of candidates in deputies of the Senate, other election documents, the form of urns for voting made of transparent material and samples of seals of the election committees, the order of storage of election documents; provides production of ballots for presidential elections and election of deputies to the Parliament and maslikhats;
7) Has the right to hear to the reports of the state bodies and organizations on the issues related to preparation and holding of elections and also to the information of the bodies of public associations on the issues of observance of the Law on Elections;
8) Registers presidential contenders of the Republic, their proxies, issues for them the corresponding certificates, publishes in mass media accounts on registration of candidates;
9) Informs voters on the course of the election campaign on presidential elections and election of the deputies to the Parliament, periodically issues the information bulletins;
10) Sums up the results of the presidential elections and the elections of the deputies of the Parliament across the Republic, registers the elected President and deputies of the Parliament, publishes the press accounts in mass media;
11) Sets and organizes conducting of the repeated voting and repeated elections at presidential elections;
12) Sets repeated elections of the deputies of the Parliament;
13) Sets elections of the deputies of the Parliament to replace the retired members;
14) Sets the regular and extraordinary elections of maslikhats;
15) At organization and holding of elections of Maslikhats and of local government bodies, the Central election committee shall exercise the methodological management of the territorial election committees and control over eligibility of their activities to the provisions and requirements of the present Constitutional Law. At revealing of infringements of the present Constitutional Law, the Central election committee will resort to the body that forms the election committee or to the court with an application to cease the activity of the corresponding election committee;
16) The Central election committee depending on the number of the population of the administrative and territorial areas shall determine the number of the deputies of Mazhilis of the Parliament and maslikhats to be elected on behalf of them;
16-1) Places on the official web-site of the Central election committee the normative legal acts on the election legislation, information on timing and holding of elections and also on the results of votes’ counting at the last elections;
16-2) Conducts the uniform electronic Registration register of citizens - voters of the Republic of Kazakhstan;
16-3) At holding of the elections using the electronic electoral system, the Central election committee shall conduct trainings for the members of the corresponding election committees on application of the named system;
16-4) Through mass media shall organize trainings for the population on use of the electronic electoral system at elections;
17) Shall implement other authorities in compliance with the legislation of the Republic of Kazakhstan.
Article 12 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999, № 375; subitem 3) in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004, № 545; subitems 5), 6), 8), 9), 15), 17) in edition of the Constitutional Law of the Republic of Kazakhstan from April 14, 2004 № 545; subitems 16-1), 16-2), 16-3), 16-4) are introduced by the Constitutional Law of the Republic of Kazakhstan on April 14, 2004 № 545.
Article 13. The territorial election committees
1. The territorial election committees are oblast (the city of the Republican significance and the capital of the Republic), rayon, urban and city district election committees.
2. The territorial election committees:
1) Ensure organization and holding of elections of the President, deputies of the Parliament and Maslikhats, members of the local government bodies;
2) Include seven members.
3. Excluded by the Constitutional Law of the Republic of Kazakhstan on April 14, 2004, № 545.
4. Information on the membership of the territorial election committees on presidential elections, elections of the deputies of the Parliament and Maslikhats is published in mass media not later than in ten days, and of the territorial committees on elections of the members of the local government bodies - not later than in seven days after calling or announcement of such elections.
Article 13 in edition of Constitutional Law of the РК as of May 6, 1999 № 375; the heading with a change introduced by the Constitutional Law of the Republic of Kazakhstan on April 14, 2004 № 545;
Article 14. Authorities of the territorial election committee
The corresponding territorial election committee:
1) Ensures control over execution of the Law on Elections on the territory of an administrative and territorial area;
2) Ensures preparation and holding of Presidential elections, elections of the deputies of the Parliament and Maslikhats, members of the local government bodies;
3) Supervises over activity of the subordinated territorial, district and divisional election committees; cancels and suspends their decisions; distributes among them the funds of the Republican budget allocated for conducting of election campaigns; controls creation of the required material and technical conditions for activities of district and divisional election committees; considers applications and petitions related to decisions and actions (inactivity) of district and divisional election committees; organizes execution of decisions of the Central election committee by all election committees formed within the boundary of the corresponding administrative and territorial area, resorts to the body forming the election committee or to the court with an application to cease the activity of the election committees that have committed infringements of the present Constitutional Law;
4) Enjoys the right to hear to the reports of the election committees, of the state bodies and organizations on the issues related to preparation and holding of elections and also to the reports of the public association bodies in respect to the issue of observation of the Law on Elections;
5) Ensures holding of elections of the Senate deputies; registers the candidates in deputies of the Senate, their proxies, issues for them the corresponding certificates; publishes in mass media information on registration of the candidates; prepares polling places/points for voting, provides manufacturing of polling booths and urns for voting; sums up the results of voting at elections of the Senate deputies and submits the minutes with the summary of the results of voting to the Central election committee for registration of the deputies of the Senate;
6) Forms election districts on elections of deputies for the Maslikhats and publishes their list, notifies voters on the locations of their election committees;
6-1) Establishes a uniform numbering of the polling stations for voting;
7) Ensures production of ballots on elections of the members of the local government bodies;
8) Receives from district election committees the minutes on registration of candidates in deputies of the corresponding Maslikhats and provides for publication by the district election committees of the lists of the registered candidates;
9) Sums up the results of elections of the deputies to the Maslikhats, registers the elected deputies and publishes announcements about it in mass media, submits to the Central election committee the minutes on counting of votes by the corresponding election districts and polling stations for publication on an official web-site of the Central election committee;
10) Will organize a repeated voting, repeated elections and elections to replace the retired deputies of the Senate and Maslikhats (dropouts);
11) Calls and organizes elections of the members of the local government bodies, repeated elections and elections of members to replace the retired members; fulfills the functions of the district election committee on elections of members for the bodies of local governments located on the territory of the corresponding administrative and territorial area; registers the candidates in members of the bodies of local governing, their proxies, issues the corresponding certificates for them; publishes in local mass media information on registration of the candidates; sums up the results of elections of the members of the local government bodies and publishes in local mass media information on the results of elections;
12) Executes other authorities in compliance with the legislation of the Republic of Kazakhstan.
Article 14 subitem 7) in edition of the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; subitems 3), 5), 7), 9), 11), 12) in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; subitem 6-1) is introduced by the Constitutional Law of the Republic of Kazakhstan as of April, 14, 2004 № 545.
Article 15. The district election committees
1. The district election committees provide for organization and holding of elections of the deputies for Mazhilis of the Parliament and Maslikhats in county constituencies.
2. The district election committees are composed of seven members.
3. The list of the members of the district election committees is published in mass media not later than in ten days after calling or announcement of elections.
Article 15 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; the heading with a change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 16. The authorities of the district election committee
The district election committee:
1) On the territory of a corresponding electoral district shall exercise control over execution of the Law on Elections;
2) Organizes holding of elections of the deputies to the Mazhilis of the Parliament and to Maslikhats;
3) Organizes and coordinates the activity of the divisional election committees (local election committees); cancels and suspends their decisions; controls creation of the required material and technical conditions for the activity of the divisional election committees (local election committees); considers applications and petitions in relation to the decisions and actions (inactivity) of the divisional election committees (local election committees). At revealing of infringements of the present Constitutional Law, it will resort to the body that forms the election committee or to the court with an application to cease the activity of the election committee;
4) Excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545;
5) Registers the proposed candidates in deputies of Mazhilis of the Parliament and Maslikhats, their proxies, issues for them the corresponding certificates and publishes in the local mass media announcements on registration of candidates;
6) Controls timeliness and correctness of making the electoral registers and their submission for general information and familiarization with them;
7) Ensures provision of the divisional election committees (local election committees) with ballots;
8) Has the right to hear to the reports of divisional election committees and of the state bodies and organizations located on the territory of the district on the issues related to preparation and holding of elections, and also to hear to information of the bodies of public associations in respect to the issues of observance of the Law on Elections;
9) Receives from divisional election committees the minutes on the results of voting, on their basis determines the election returns in the district and ensures publication of announcements about it in mass media;
10) Holds the repeated voting, repeated elections and elections to replace the retired deputies of Mazhilis of the Parliament;
11) Conducts repeated elections and elections to replace the retired deputies of Maslikhats;
12) Executes other authorities in compliance with the legislation of the Republic.
Article 16, subitems 3), 5) in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 17. The divisional election committees (local election committees)
1. The divisional election committees ensure organization and holding of elections of the President, deputies of Mazhilis of the Parliament and Maslikhats, members of the local government bodies in the corresponding electoral districts.
The divisional election committees are composed of seven members.
2. The information about the membership of the divisional election committees on presidential elections, elections of the deputies of the Parliament and Maslikhats is published in mass media not later than in seven days, and of the territorial committees on elections of members of the local government bodies - not later than in three days after calling or announcement of elections.
Article 17 in edition of the Constitutional Law of the РК as of May 6, 1999 № 375; the heading with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 18. Authorities of divisional election committees (local election committees)
The divisional election committee:
1) In the polling station, the committee conducts election actions on presidential elections, elections of the deputies of Mazhilis of the Parliament, Maslikhats and members of the local government bodies;
2) Notifies voters on location of the divisional election committee;
3) Specifies the electoral register of the corresponding polling station;
4) Familiarizes the citizens with the electoral register, considers applications about errors and discrepancies in the registers and solves the issues of entering of the appropriate alterations into them;
5) Notifies voters about the day, time and place of voting;
6) Arranges the premises, ensures manufacturing of polling boots and urns for voting;
7) Will organize voting in the polling station on the day of elections;
8) Conducts counting of votes and defines the results of voting in the polling station;
9) Considers applications and petitions in respect to the issues of preparation and organization of voting and makes decisions concerning them;
10) Exercises other authorities according to the legislation of the Republic.
Article 18, subitem 3) in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 19. The status of the member of the election committee
1. Members of election committees are representatives of the state bodies and are under protection of the state.
2. The legal status of members of election committees is defined by the Constitution, the present Constitutional Law and other legislative acts of the Republic of Kazakhstan.
3. The chairman, vice-chairman, the secretary, members of the Central election committee and employees of its office exercise their authorities on the professional and constant basis.
4. The members of the election committee not listed in item 3 of the present article during holding of the elections cannot be dismissed from their work or transferred to other work on the initiative of the employer without their consent.
5. The member of the election committee:
1) Is notified about the meetings of the corresponding election committee forty eight hours earlier, except for the cases that call for an immediate decision-making;
2) Has the right to speak on the meetings of the election committee, to make proposals in respect to the issues that are within the competency of the corresponding election committee, and to require voting in their respect;
3) Has the right to ask other participants of the meeting any questions as regards the issues on the agenda and to receive answers to the point;
4) As a member of the election committee, enjoys the right to get access to the documents and materials of the election committee and to receive their authentic copies;
5) Can conduct a check of the activities of the inferior election committee upon authorization confirmed by three quarters of voices of the members of the election committee the member of which he/she is;
6) Is obliged to respect the provisions and requirements of the Constitution, the present Constitutional Law and other laws of the Republic of Kazakhstan, the generally accepted standards of ethics;
7) Is obliged to fulfill the responsibilities assigned to him/her, decisions and instructions of the election committee, its chairman and the higher election committee;
8) Is obliged to provide observance and protection of election franchises and legitimate interests of the citizens, to display impartiality and independence at decision-making, and also to abstain from a public estimation of the activities of the candidates and the political parties which have put forward the party list;
9) Shall not be constrained by the decisions of the political party or other public association the representative of which he/she is and has no right to protect their interests.
6. The member of the election committee is released from his/her responsibilities on expiration of the fixed term of the authorities of the election committee, at the cease of its activity and also under the decision of the body which has formed the election committee, in the cases as follows:
1) Submission of an application to excuse him/her from fulfillment of the assigned responsibilities at his/her own will;
2) Loss of citizenship in the Republic of Kazakhstan;
3) Departure to the constant place of residence beyond the limits of the given administrative and territorial area where the corresponding election committee is formed;
4) Coming into force in respect to him/her of the conviction of the courts;
5) Coming into legal force of the court’s decision about acknowledgement of him/her incapable, as untraceable or announcement of him/her as dead;
6) His/her death.
7. In case of numerous infringements by the member of the committee of his/her official authorities or inadequate execution of the assigned responsibilities, he/she will be dismissed from his/her position by the body that forms the election committee.
8. The higher election committee nominates a member of the territorial or district election committee to replace the retired member on the basis stipulated by items 6 and 7 of the present article before election of a member of the election committee by the body forming the election committee in the order established in article 10 of the present Constitutional Law.
9. The election committee must not consist of workers from one and the same organization.
10. A member of the election committee should live on the territory of an administrative and territorial area in which the corresponding committee is located.
Article 19 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 20. Organization of the activity of the election committees and lodging an appeal against their actions
1. The activity of the election committees is executed based on the principle of collegiality.
2. The first meetings:
1) The Central election committee is convened by its Chairman within fourteen days after election of the committee;
2) The inferior (subordinated) election committees are convened by the chairmen of the corresponding committees not later than in seven-day’s term after they are formed.
3. During preparation and conducting of the election campaign the meetings of the committees are conducted not less than once in two weeks. In other time, the committees will conduct their meetings as required based on the initiative of the chairman or of not less than one third of the committee members.
4. The meetings of the election committees are legally qualified provided not less than two third of the total number of the committee members participate in them.
It is forbidden to allow people who are not involved in the election process to be present in the premises of the election committee.
5. The decisions of the given committees are adopted by a majority open vote of the total number of the committee members, except for cases stipulated otherwise by the present Constitutional Law. The members of the election committee who disagree with its decision have the right to state their separate opinion of which the higher election committee is immediately notified and the written version of such a separate opinion will be attached to the minutes of the committee meeting.
6. Decisions and actions (inactivity) of the election committee can be appealed in the higher election committee or in the court within ten days from the date of decision-making or committing of an action (inactivity) if other terms for appealing are not established by the present Constitutional Law. On expiration of the indicated terms the application in respect to the decision or actions of the election committee is not subject to consideration. It is not a compulsory condition that before reference to the courts it is required to resort first to the higher election committee.
In the application submitted to the higher election committee it is obligatory to set forth all the circumstances that served as a basis for submission of the application with enlisting of all evidences which the applicant refers to in order to justify his/her claims.
At a simultaneous consideration of the applications in the election committee and by the court, the election committee suspends consideration of the application till the court decision comes into force. The court notifies the election committee about the submitted application and based on the result of its consideration of coming into force of the court’s decision.
If the decision of the election committee is cancelled by the court, the election committee is to make a new decision in respect to the issue the decision of which was canceled, or the higher election committee is obliged to accept a new judgment on the basis of the court decision. The corresponding election committees are obliged to ensure execution of the court decision.
7. The state bodies, organizations, local government bodies and also their officials are obliged to assist the election committees in accomplishment of their authorities, to provide all the necessary data and materials to them, to respond to the requests of the election committees in three-day’s term, but on the day of elections and the day preceding the elections - immediately.
8. Members of the territorial, district and divisional election committees can at their will under the resolution of the committee be freed from executing of the production or official duties for the period of preparation and holding of the elections with reservation of their right for average wages covered at the expense of the funds allocated to hold the elections. The additional remuneration of labor of the members of the election committee is paid at the expense of the funds allocated to hold the elections.
9. The presidential contenders, in deputies of the Parliament, Maslikhats, and members of the local government bodies as well as the proxies of candidates cannot be members of the election committees.
A husband (a wife) and close relatives of the candidates and also the persons who are directly subordinated to the candidates cannot be members of the election committees that ensure a direct organization and conducting in the electoral district of elections in which the given candidate is participating.
The indicated persons suspend their activity in the election committee from the date of registration of the corresponding candidate till cancellation of registration or cease of the election campaign.
Article 20 item 5 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375;the heading with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; items 4, 5, 8 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; items 6, 9 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 20-1. Publicity in the activity of the election committees
1. The activity of the election committees is realized publicly and openly.
The proxies, observers, representatives of mass media have the right to be present at all stages of the election process and also to get any information on the election process in the election committees.
Nobody can limit the rights granted by the present Constitutional Law to proxies, observers and representatives of mass media.
2. The election committees create conditions for all persons to get free access to the decisions taken by the committees with their publication and distribution in the popular telecommunication networks. In other cases stipulated by the present Constitutional Law they such decisions are subject to other ways of publication.
3. The candidates, their proxies, observers and representatives of mass media can participate in the meetings of the election committee on condition of availability of their service certificates and a task from the editorial staff.
The candidates in deputies, the political parties which have put forward the party lists, are notified in advance of the meetings of the corresponding election committees and their agenda.
4. On the ballot day starting from the moment of opening of the polling station and till determination of the results of voting while counting of voters’ voices in the polling station simultaneously can be present the following persons: one candidates and one representative of each mass media on condition of availability of their service certificates and the task from the editorial staff, including one observer from each political party, public association, NGO of the Republic of Kazakhstan and observers from foreign states and international organizations.
5. The authorities of the observer should be validated in writing with indication of his/her surname, name, patronymic, number of an electoral district (the name of the election committee), date of the elections. The given document is certified by the seal of the organization that has issued it and is valid at presentation of the document confirming the personality of the observer. The named documents are presented to the chairman of the election committee or the person replacing him for registration of the observer.
6. Proxies, observers and representatives of mass media have the right:
1) To be present at the meetings of the election committee;
2) To get familiarized with the electoral registers, to obtain information on the number of voters that have taken part in voting, including in voting outside the premises for voting;
3) To be present in the premises for voting of the corresponding polling station, including the polling place/station formed in the military units, in the ships belonging to the Republic of Kazakhstan that are in navigation on the day of elections, in rest houses, sanatoriums (health centers), inpatient treatment-and-prophylactic establishments, in places of location of the citizens in remote places and in the regions difficult of access, in distant pastures for cattle greasing, in investigatory isolators and isolators of the temporary detention and in foreign offices of the Republic of Kazakhstan in foreign states, during conducting of voting and counting of votes;
4) To accompany the portable ballot-boxes, including staying in the means of transportation during their carriage;
5) To watch the course of voting, the procedure of votes’ counting and registration of the results of voting in the polling station, in the polling place for voting under conditions ensuring a possibility for a good observation of all the ongoing procedures;
6) To appeal against decisions, actions (inactivity) of the corresponding election committee and (or) of its members in the higher election committee or in the court;
7) To be present at conducting of voting of the voters outside the premises for voting if such voters cannot come to the specified premises for voting;
8) To be present during votes’ counting and destruction by the members of the divisional election committee of the unused ballots;
9) To make photo, audio and video-recordings without intervening in the course of voting and summing up of its results;
10) After conducting of voting to get familiarized with the minutes of the election committee on the results of voting and to receive their authentic copies;
11) To draw attention of the members of the election committee to infringements of the provisions and requirements of the present Constitutional Law, to hand over to them the corresponding written applications, acts on infringements and to receive notification about the delivery of the aforementioned. The chairman of the election committee, the person replacing him/her is obliged based on the demand of the proxies and observers to file their acts to the minutes of votes’ counting.
7. Proxies, observers and representatives of mass media are obliged:
1) To carry with them the documents identifying their personality and authorities;
2) Not interpose with the election process, in the procedure of votes’ counting and decision-making by the election committee;
3) Not to undertake the actions interfering with the work of the election committee;
4) To fulfill the demands of the members of the election committee on observance of the rules of conduct in the polling place/station for voting established by the corresponding election committee;
5) To justify his/her remarks by facts that are documented, valid and can be checked;
6) To observe the provisions and requirements of the present Constitutional Law and other laws of the Republic of Kazakhstan;
7) To be impartial, not to express preference in favor of a specific candidate or a political party.
8. Observers of foreign states and international organizations, and also representatives of foreign mass media will be accredited at the Central election committee upon presentation of the Ministry of Foreign Affairs of the Republic of Kazakhstan. Private persons from the foreign states will not be accredited by the Central election committee.
The Central election committee issues to observers the certificates of the established format which can serve as a basis for their activity during conducting of the election campaign. Accreditation of observers from foreign states and international organizations ends five days prior to the ballot day.
In cases stipulated by the present Constitutional Law, the Central election committee shall enjoy the right to withdraw the accreditation of the observer from the foreign state, of international organizations and also representative of the foreign mass media.
9. Financial and organizational provision for the activity of observers is made at the expense of the funds of the parties which have sent their observers.
10. In case of infringement by the observers of the legislation of the Republic of Kazakhstan or the conventional standards of the international law, the corresponding election committee has the right to cancel the registration of the observer or to submit to the Central election committee a proposal about calling back of accrediting of the observer from a foreign state, international organization and also the representative of foreign mass media.
Article 20-1 is introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Chapter 3. Election districts and their polling place/stations
Article 21. Election districts and their system
1. In the Republic of Kazakhstan, at elections of deputies to Mazhilis of the Parliament and Maslikhats, members of the local government bodies, the system of territorial election districts (county constituencies) is formed and used.
2. The election districts are formed with consideration of the administrative and territorial division of the Republic and with an approximately equal number of voters. At that, the difference in the number of voters in county constituencies within the limits of the oblast, the city of the Republican significance and the capital of the Republic, rayon and city, should not exceed fifteen percent of the average quantity of voters per each deputy mandate in the given administrative and territorial area.
3. At elections of the President of the Republic and the deputies of Mazhilis that are elected on the basis of the party lists under the system of the proportional representation, the whole territory of the Republic of Kazakhstan shall be considered a single national electoral district (county constituency).
4. At elections of deputies of Mazhilis of the Parliament and Maslikhats, single member constituencies are formed with observance of the conditions stipulated by item 2 of the present article.
5. At elections of members of the local government bodies, many-member territorial constituencies are formed covering the territories of urban and rural local communities.
Article 21 item 2 with the supplement introduced by Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 3 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 22. Formation and revision of borders of electoral districts (county constituencies)
1. Electoral districts are formed by the Central and territorial election committees.
2. The list of the electoral districts (county constituencies) with indication of their borders and locations of district election committees is published in the corresponding mass media by the corresponding election committees not later than in ten days after calling or announcement of elections.
3. The changes in the list of electoral districts (county constituencies), determination of their borders and location of the election committees are introduced by the corresponding election committee.
Article 23. Formation of polling stations
1. For conducting voting and votes’ counting in rayons and cities the corresponding hakims make a decision to form polling stations based on the approval of the election committees. The polling stations are formed with the purpose of ensuring and creation of maximum convenience to voters and with allowance for local and other conditions.
2. The polling stations are formed with consideration of the following conditions:
1) About three thousand voters per each polling station;
2) Observation of the borders of the administrative-territorial arrangements in the administrative and territorial areas;
3) It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
3. In the military units, on boards of the ships belonging to the Republic of Kazakhstan that on the day of elections are in navigation; in rest houses, sanatoriums, inpatient treatment-and-prophylactic establishments; in place of the citizens’ staying in remote places and regions difficult of access, in distant pastures for cattle grazing, in investigatory isolators and isolators of the temporary detention, the polling stations are formed and are included in the election districts according to the place of their dislocation, port of registry of a vessel or disposition. In the representative offices of the Republic of Kazakhstan in foreign states, the polling place/stations are formed referring to the electoral district (county constituency) on the territory of which the Ministry of Foreign Affairs of the Republic is found.
4. Formation of polling stations is conducted in accordance with proposals of the captains of ships, commanders of the military units or body of troops, heads of the enlisted in item 3 of the present article establishments, the corresponding hakims and the Ministry of Foreign Affairs of the Republic.
5. The corresponding hakims in seven-day’s term, and at holding of elections of members of the local government bodies - within three days from the date of creation of voting places/stations shall notify voters through mass media about the borders of the polling stations.
Article 23 item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 2, 3 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Chapter 4. Electoral registers (of electors)
Article 24. Electoral registers (of electors) and the order of their compilation
1. The electoral registers are compiled at presidential elections, elections of the deputies to Mazhilis of the Parliament and Maslikhats, members of the local government bodies. The lists of electors are made at elections of deputies of the Senate.
2. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
3. The fact of a citizen’s registration in the place of his/her residence on the territory of this polling station can serve as the grounds for inclusion of the named citizen in the electoral register of the specific polling station.
4. The electoral registers are constituted in the alphabetic or other order. The list shall include such information as the voter’s surname, name, patronymic, year of birth (for the 18 year olds - in addition information about the day and month of birth) and address of the place of residence. The lists of electors are constituted in the alphabetic or some other order and shall include the surname, name, patronymic, year of birth, and the name of the maslikhat where the elector is the deputy, and the address of his place of residence.
5. The corresponding local executive body makes the electoral register by the place of residence based on the data provided by the bodies engaged in the population accounting.
Each voter has the right to be registered as voter in the corresponding local executive body from the moment of announcement or calling an election.
In case the voter learns not later than thirty days before the elections that he/she will not have a possibility to arrive on the day of elections to the premises for voting where he/she is registered, the voter shall enjoy the right to resort to the local executive body in the place where the voter is staying with a written application to include him/her in the corresponding electoral register.
In case of a reference of the citizen in compliance with the given item to the local executive body, the latter will organize exception of the citizen from the electoral register in the place of his/her registration and will include him/her in the electoral register of the voting place/station where the named citizen will be able to vote.
The electoral registers of each polling station are signed by the corresponding Hakim and are submitted under the act to the corresponding election committee twenty days prior to the beginning of voting.
The data on the voters, previously verified with the data of other competent bodies and organizations are submitted by the local executive body in electronic and paper bearers to the corresponding territorial election committees by July 1 and January 1, each year.
The officials of the local executive bodies shall bear responsibility for authenticity of the electoral registers, and also of the data about the voters presented by the corresponding election committee.
6. Students and post-graduate students who study in the day time and live in hostels are included in the electoral registers according to the location of their hostels.
7. The electoral registers of the military servicemen who are in the military units, and also of the members of their families and other voters living in the locations of military units are made on the basis of the data provided by commanders of the military units.
8. The electoral registers of the polling stations formed in rest houses, sanatoriums, inpatient treatment-and-prophylactic establishments, in place of staying of the citizens located in remote and out-of-reach places, in distant pastures for cattle grazing, in investigatory isolators and isolators for the temporary detention and also in the representative offices and agencies of the Republic of Kazakhstan in foreign states, on board of the ships belonging to the Republic of Kazakhstan that on the day of elections are in navigation shall be made on the basis of the data submitted by the chiefs of the named establishments, corresponding hakims, chiefs of the named representative offices and agencies and captains of ships.
9. The lists of electors on elections of deputies to the Senate of the Parliament are made by the corresponding territorial election committees upon the presentation of the secretary of the corresponding oblast, urban (the city of the Republican significance and the capital of the Republic) maslikhats.
10. Entry of clarifications in the electoral registers (of electors) is ceased at 8 p.m. of the day preceding the day of the ballot, except for execution of the court’s decision or decision of the higher election committee.
Article 24 item 3 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; items 5, 10 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 25. Inclusion in the electoral registers (of electors)
1. In the electoral registers are included:
1) The citizens of the Republic who enjoy the active election franchise;
2) The citizens registered in the place of their residence on the territory of the corresponding polling stations;
3) In the polling stations that are formed in rest houses, sanatoriums, inpatient treatment-and-prophylactic establishments, in the places of the citizens’ staying located in remote and out-of-reach areas, in distant pastures for cattle grazing, in investigatory isolators and isolators for the temporary detention and on board of the ships belonging to the Republic of Kazakhstan that on the day of elections are in navigation, all the citizens shall be included in the electoral registers who on the day of elections will be staying in the named establishments and organizations or on board the ships;
4) In the military units, all the military servicemen who are serving in the military units and also members of their families and other voters living in the locations of military units are included in the electoral registers. The military servicemen living outside the military units are included in the electoral registers by the place of their residence on the general grounds;
5) In the polling stations in the representative offices of the Republic of Kazakhstan located in foreign states: all the citizens who live or are on a long business trip in the corresponding foreign state and who have valid passports of the citizen of the Republic of Kazakhstan shall be included in the electoral register.
2. The lists of electors include all deputies of:
1) Maslikhats, located on the territory of oblast (area);
2) Maslikhat of the city of the Republican significance and the capital of the Republic.
3. The citizen (elector) can be included only in one electoral register (of electors).
Article 25 item 1 subitem 2) in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; subitem 5) with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 26. Familiarization with the electoral registers (of electors)
1. The electoral registers of the polling stations formed in the places of residence of citizens shall be submitted fifteen days prior to the ballot day by the corresponding election committees to voters for their familiarization with the named registers.
The electoral registers of the polling stations formed in military units, on board the ships belonging to the Republic of Kazakhstan that on the day of elections are in navigation, in rest houses, sanatoriums, inpatient treatment-and-prophylactic establishments, in place of staying of the citizens located in remote and out-of-reach places, in distant pastures for cattle grazing, in investigatory isolators and isolators for the temporary detention and also in the foreign offices of the Republic of Kazakhstan in foreign states shall be provided to the voters for their familiarization five days prior to the ballot day; in the polling stations formed for holding of elections of members of the local government bodies - seven days prior to the ballot day.
2. The lists of electors on elections of the deputies to the Senate shall be submitted for familiarization through publication in local mass media not less than seven days prior to elections.
3. The citizens (electors) are ensured a possibility to get familiarized with the electoral registers (of electors) in the premises of the corresponding election committees, and also to check correctness of the data introduced in them on voters (electors).
4. Each citizen (elector) has the right to verify the data about him/her in the electoral registers and to appeal against omission or non-inclusion, wrong inclusion in the list or exclusion from the list, and also against discrepancies admitted in the list in respect to the data about the voter (elector). Applications stating of a necessity to introduce amendments in the named lists shall be considered by the corresponding election committee on the day of reception by the election committee of the named application. In case of a dismissal of the application, the election committee shall immediately issue to the applicant a copy of the reasoned decision to dismiss his/her application. The decision can be appealed in the corresponding court in the location of the election committee. The latter shall consider the petition on the day of receiving it and make its final judgment. At a positive decision-making in favor of the applicant, the election committee will immediately introduce the required amendment in the electoral register (of electors) or include the voter who has not been included in the list of electors.
Article 26 item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 4 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Chapter 5. Pre-election campaign
Article 27. Pre-election campaign
1. The pre-election campaign - the activity with the aim of inducing voters to take part in voting for or against this or that candidate, a political party.
2. The pre-election campaign begins from the date of registration of candidates and ends at zero o’clock of the local time of the day proceeding the day of elections. At conducting of a repeated voting the pre-election campaign begins from the date of assignment of the day for the repeated voting and ends at zero o’clock by the local time of the day proceeding the day of elections.
3. The pre-election campaign is implemented:
1) Through mass media;
2) By conducting public pre-election actions (pre-election meetings and meetings with voters (electors), public pre-election debates and discussions, meetings, processions, demonstrations and other pre-election actions not forbidden by the present Constitutional Law), personal meetings of candidates and their proxies with voters (electors);
3) Through issue and (or) distribution of printed, audiovisual and other propaganda materials.
4. It is forbidden to conduct a pre-election campaign, to distribute any propaganda pre-election materials:
1) To the state bodies, bodies of local governments and also their officials on duty;
2) To the servicemen of the armed forces, other troops and military formations, personnel of the bodies of the national security, law-enforcement bodies and judges;
3) To members of election committees;
4) To religious associations.
5. It is forbidden for the candidates who are the officials of state bodies to use advantages of their official or service position.
The present Constitutional Law understands under use of an advantage of an official or service position the following:
1) Attraction of the persons who are under subordination or other career dependence to conduct a pre-election campaign, except for cases when the indicated persons conduct propaganda as proxies of the candidate;
2) Use of the premises occupied by the state bodies for accomplishment of the activity promoting election of a candidate, a political party which has put forward the party list if other candidates, political parties are not guaranteed the use of the indicated premises on the same conditions.
Observance of the limitations stipulated by the present item should not interfere with execution by the officials of their official duties.
6. Journalists, officials of the editorial staff of the mass media, registered by candidates or their proxies, have no right to participate in coverage of elections through mass media.
7. Mass media are obliged to exercise unbiased interpretation of the election campaign of candidates, political parties; to abstain from publications of propaganda materials and other information, obviously discrediting honor, dignity and business reputation of the candidate or the political party; to grant a possibility to the indicated persons a free of charge publication of denial in protection of honor, dignity and business reputation in the nearest issue of the printing on the same page, in the same volume and in the same font or broadcasting on TV or radio at the same time within twenty four hours after reception of the appeal.
Mass media shall immediately grant a possibility to the corresponding election committees to publish information about the course of the election campaign and announcements stipulated by the present Constitutional Law.
8. Officials of mass media do not bear responsibility for statements of candidates and political parties during their election campaigns, except for cases of publication of the materials indicated in item 1 of article 29 of the present Constitutional Law.
9. Conducting of the pre-election campaign that is accompanied by granting to voters free of charge or on favorable terms of the goods, services, securities and also conducting of lotteries, charitable actions, payment of money or promise to provide the latter, except for a free distribution of the printed, as well as illustrative materials, badges, flags and the tags specially produced for the election campaign, shall be considered as the inadequate pre-election campaign. It is forbidden to conduct inadequate pre-election campaigns.
The candidates, political parties which have put forward their party lists and also any natural and legal persons acting on behalf of them or in their support are forbidden to conduct charitable actions except for organization of entertainment and sports actions since the moment of announcement (call) of elections.
Infringement by the candidate, the political party which has put forward the party list, and also their proxies of the rules established by the present item shall entail cancellation of the decision on registration of the candidate and the party list.
10. It is forbidden to conduct a pre-election campaign using the image of any person without his/her written consent and in case of his/her death - without permission of his/her heirs.
Article 27 item 2 subitem 2) with the supplement introduced by Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; Article 27 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 28. The right to conduct pre-election campaigns
1. The state guarantees to its citizens and public associations the right to conduct unimpeded pre-election campaigns for or against this or that candidate or a political party in compliance with the present Constitutional Law and other legislative acts of the Republic of Kazakhstan.
Citizens and the public associations which do not create according to the present Constitutional Law any election funds have the right to conduct a pre-election campaign which does not need any financing.
2. Since the termination of the term of registration established according to the present Constitutional Law and till the end of the propaganda campaign, the candidates and the political parties that have put forward their party list have the right to propaganda and propagation of their electoral program in press and other mass media.
The candidates and political parties which have put forward their party lists shall be guaranteed equal access conditions to mass media to conduct their pre-election campaigns.
3. The state guarantees an equal allocation of funds to the candidates to come out with their programs in mass media. Each candidate shall be granted the funds for a fifteen minutes speech on TV, ten-minutes broadcasting by the radio and also for publication of two articles in the print in the volume of no more than 0.1 of a printed sheet.
The political parties which have put forward their party lists have the right to participate in political debates on TV, organized by the Central election committee in the volume of the time fixed by it.
Mass media on a contractual basis grants time for broadcasting and the printed page to the registered candidates and political parties that have put forward their party lists. The terms and conditions of the contract on provision to the candidates and political parties that have put forward the party lists of time for broadcasting and the printed pages in mass media should not create certain advantages to this or that candidate and a political party. The data on the size of payment, conditions and the order of granting of on-air broadcasting and the printed area should be declared and published by the corresponding organization of TV-radio broadcasting, editorial staff of the periodic printing not later than on the tenth day after an official publication of the decision on calling an election and also are presented to the Central and oblast (regional) election committees at presidential elections, to others territorial, and also district election committees at elections of deputies of the Parliament, Maslikhats and members of bodies of local governing.
The consent for allocation of time for broadcasting and a printed area given by mass media to one of the candidates or a political party which has put forward its party list shall be considered as a consent for time allocation for on-air broadcasting and a printed area to other candidates or the political parties which have put forward their party lists.
The sequence of appearance of candidates and the political parties which have put forward the party lists in mass media shall be established in the course of reception of written applications or through casting lots if applications were received at one and the same time.
It is forbidden to interrupt and make comments in respect to the speeches of the candidates on TV and by radio right after the speech has been made and also in the same issue of printing.
4. By the application of election committees, the bodies of local state administration and governments shall grant to candidates on a contract basis the premises for meetings with voters. The election committees make the schedule of meetings of candidates with voters in the allocated premises and publish it in mass media. The conditions of granting such premises should be uniform for all candidates.
5. For publication of posters, leaflets, slogans and other propaganda printed materials the corresponding election committees shall allocate to the candidates an equal sum of money, except for the candidates who stand for elections under party lists. All propaganda printed materials should contain the data on the organization which has published the given materials, place of their printing and circulation, about the persons who have placed the order, sources of funding to cover such expenses. It is prohibited to produce propaganda printed materials outside the territory of the Republic of Kazakhstan and to distribute anonymous propaganda materials.
6. The local executive bodies jointly with the corresponding election committees determine places for keeping propaganda printed materials for all candidates and shall equip them with stands, boards and curbstones. The propaganda printed materials are displayed on the conditions that ensure equal rights to all candidates.
The candidates have the right to hang out their propaganda printed materials in other places with the consent of the owner of the corresponding premises or a facility.
It is forbidden to hang out any propaganda materials on monuments, obelisks, buildings and the structures having historical, cultural or architectural value, and also in the premises for voting.
The information about the candidates shall be placed in the premises of the election committee and premises for voting in a uniform format with a photo of the candidate and a standard set of the data stipulated by the Central election committee
7. The candidates in Presidents, deputies of the Parliament and Maslikhat have the right to cover the expenses related to making statements in mass media, conducting of public pre-election actions, issuing of additional propaganda materials, and also to cover transport, travel and living expenses at the cost of their own election funds. It is forbidden to attract for these purposes other money from other sources and to accept any goods, works and services of natural and legal persons used by the candidate during the election campaign and not covered by the money from the election funds of the candidates, as well as to render any assistance by the candidate for provision of such services to the indicated natural and legal persons.
The natural and legal persons rendering services to the candidate and the political party to conduct the pre-election campaign should obtain written consent of the candidates to adopt such services. The persons who do not have the aforementioned written consent shall bear responsibility according to the Laws of the Republic of Kazakhstan.
8. The periodic printing of the Central and local executive bodies are obliged to publish announcements of the election committees, the data on the candidates participating in elections in the order and volume defined by the Central election committee.
9. At publication of the results of the public-opinion polls related to elections, the mass media are obliged to name the organization that conducted such a poll, the persons who ordered the poll and paid for it, time of conducting of the poll, method of information collection, accurate wording of questions, the number of the interrogated persons and the factor of an error in the results of interrogation.
It is not allowed to publish the results of the polls, forecasts of the election returns and other surveys linked with elections in the mass media within five days before the ballot day and on the ballot day.
It is forbidden to conduct the poll on the day of elections in the premises or in the place/station for voting.
Article 28 items 3, 4, 5 with the changes and the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; article 28 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 29. The pre-election program of the candidate, the political party
The presidential contender, candidate in deputies of the Parliament and Maslikhat and in members of the bodies of local governing, the political party which has put forward the party list shall come out with their electoral program on future activities. The pre-electoral program should not profess the idea of a violent change of the constitutional building, of infringement of integrity of the Republic, undermining of safety of the state, unleashing of social, racial, national, religious, class and patrimonial clashes, the cult of cruelty and violence, and also creation of the militarized formations not stipulated by the legislation.
In case of infringement of the above-mentioned requirements the corresponding election committee has the right to refuse the candidate in registration and the political party in registration of the party list, and in case of putting forward by the candidate or the political party of such an electoral program after registration - to cancel the decision on registration of the candidate or the party list.
Article 29 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 30. Is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545
Article 31. Proxies
1. Candidates, the political parties which have put forward their party lists have the right to have proxies to help them in conducting election campaigns, conduct pre-election campaigns and to represent the interests of candidates and political parties.
2. Candidates and the political parties which have put forward the party lists define their proxies at their own discretion and notify the corresponding election committee about their proxies for registration.
The persons offered by the candidate and the political party as proxies shall submit to the corresponding election committee an application expressing their willingness to act as a proxy.
3. The election committee after registration of proxies issues to them the corresponding certificates.
4. The proxy should be a citizen of the Republic of Kazakhstan, cannot be a deputy of Maslikhat at elections of the deputy of the Senate, neither a member of any election committee or a person holding a post of a political civil officer.
5. Proxies act within the limits of the authorities granted to them in the writing form by the candidate or the political party which has put forward the party list.
6. Proxies lose their status after completion of an election campaign by a personal initiative or based on the decision of the candidate and the political party which has put forward the party list and also in case of cancellation of registration of the candidate, the party list.
Article 31 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 32. Termination of the pre-election campaign
1. It is forbidden to conduct any pre-election campaigns on the day of elections and the day preceding it.
2. The printed propaganda materials which earlier have been hung out outside the premises of the election committees and premises for voting can be preserved in their place.
Chapter 6. Financing of elections
Article 33. The state financing of elections
1. Presidential elections, election of the deputies of the Parliament, except for deputies of Mazhilis of the Parliament, elected on the basis of party lists, Maslikhats, members of the bodies of local governments are funded from the funds of the Republican budget.
2. The following expenses are covered from the funds of the Republican budget:
1) For organization and activity of election committees, rent of premises, travel and living allowances, wage of advisers, experts, members of the linguistic committee;
2) Statements of candidates, except for the candidates who stand for elections under the party lists, in mass media according to item 3 of article 28 of the present Constitutional Law;
3) The costs of conducting of public pre-election actions of candidates and issue of propaganda materials of candidates, except for the candidates who stand for elections under the party lists, shall be covered in accordance with items 4 and 5 of article 28 of the present Constitutional Law;
4) Transportation costs of candidates, except for the candidates who stand for elections under the party lists, shall be covered in the size established by the Central election committee.
3. Financing of elections in the Republic on the part of international organizations and international public associations, foreign state bodies, foreign juridical persons and citizens, and also stateless persons, any their direct or indirect participation in financing of elections in the Republic of Kazakhstan is forbidden.
4. Foreigners, stateless persons, foreign juridical persons are forbidden to exercise any activity promoting a nomination and election of candidates, political parties which have put forward the party list and for achievement of certain results at elections.
Article 33 item 1, item 2 subitems 2), 3), 4) with changes and the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 2 subitem 1) with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 2 subitem 2) with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 4 is introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 34. Non-state financing of elections
1. Pre-election campaigns of candidates on presidential elections and elections of deputies of Parliament and deputies of Maslikhats can be funded from the election funds formed in compliance with the procedure established by the present Constitutional Law.
2. The election funds are subject to the state registration in the order established by the legislation.
3. The election funds are formed of the following sources:
1) Personal funds of candidates in deputies of the electoral districts, the funds of political parties;
2) The means allocated to the candidate by the Republican public association that has nominated the candidate;
3) Voluntary donations of citizens and organizations of the Republic. The voluntary donations of the state bodies and organizations, bodies of local governing, charitable organizations, religious associations, the Kazakhstani juridical persons having foreign participation in their charter capital and also anonymous donations of natural and legal persons are forbidden.
4. Only the funds that have been received in a legal way can be transferred to the election funds. Information about the total sum of the money which has been received by the fund is published in mass media within ten days after holding the election:
At presidential elections, elections of deputies to Mazhilis of the Parliament of the Republic of Kazakhstan under the party lists – by the Central election committee;
At elections of deputies to the Senate of the Parliament – by the oblast (the city of the Republican significance and the capital) election committees;
At elections of deputies of Mazhilis of the Parliament in respect to the candidates who stand for elections in a single member constituency, and Maslikhats – by district election committees.
5. The maximum size of the money resources which can be transferred to the election funds from the aforementioned sources are determined in the Special part of the present Constitutional Law. The money resources received above the established size shall not be subject to entering in an account of the election funds and shall be returned to the citizens and organizations that have donated such sums. At that, the expenses connected to return of the indicated money are covered at the expense of the citizens and organizations that have contributed the funds. Anonymous donations shall be reduced in the income of the Republican budget.
6. The money resources forming the election fund enter in a special temporary account opened in the financial bodies by the corresponding election committee after registration of the candidate or the party list. The incomes under the indicated account are not charged and not paid. The right for the title in the election fund for the purposes specified in the present Constitutional Law belongs exclusively to the candidate and the political parties which have put forward their party lists. The banks shall submit to the corresponding election committee a weekly report on entry of the funds in the special temporary accounts and on their expenditure. Upon the inquiry of the corresponding election committee, the same data shall be provided within twenty four hours. The order of expenditure of the money from the election funds and the corresponding financial institution shall be defined by the Central election committee.
7. In case of withdrawing by the candidate of his/her candidature, calling back by the political party of the party list or cancellation of the decision to nominate a candidate, a party list or registration of the candidate, the party list, the money resources which have been contributed to the election fund shall be immediately returned to the citizens and organizations that have contributed the named money. At that, the cost of returning the indicated finance shall be covered at the expense of the citizens and organizations that have contributed such funds.
8. All financial transactions under special temporary accounts shall be stopped at 18 o'clock on the day proceeding the day of elections.
At conducting of a repeated voting, the financial transactions under special temporary accounts of candidates in respect to whom the repeated voting is conducted shall be resumed on the day of call of a repeated voting and cease at eighteen o'clock on the day proceeding the day of elections.
The total sum of the money that has entered the election fund from the moment of its formation should not exceed the limits established by the present Constitutional Law.
9. Not later than in five days after establishment of the results of the elections, the candidate and the political party are obliged to present to the corresponding election committee a report on the draft of the funds from the election fund. The two thirds of the money resources from the election fund that have been unexpended for the election campaign shall be transferred to the Republican budget, and one third shall be returned to the candidate and the political party.
10. Infringement by the candidate and the political party that has put forward its party list of the rules stipulated by items 1-8 of the present article, and also of the procedure on spending the funds from the election funds established by the Central election committee shall entail cancellation of the decision on registration of the candidate, the party list, and after holding an election before registration of the candidate as the President, the deputy of the Parliament, the deputy of Maslikhat and a member of bodies of local governing - declaration of the elections in the corresponding territory or district as null and void.
Article 34 with changes and the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 with changes and the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 1 subitem 3), item 8 with the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 4, 6 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 10 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 35. Financing of the election actions by the election committees
1. Financing of the election actions for presidential elections, election of the deputies of the Parliament, Maslikhats and also members of the bodies of local governments is carried out by the Central election committee.
2. The chairmen of the election committees dispose of money resources and bear responsibility for conformity of the financial documents to the decisions of the election committees on financial issues.
Article 35 item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 36. Control over expenditure of the funds allocated on conducting of the election campaign
1. The control over expenditure by candidates of the funds from the Republican budget allocated on election campaigns is exercised according to the legislation of the Republic of Kazakhstan.
2. The control over expenditure of the funds from the election funds is exercised by the corresponding election committees and financial institutions.
3. At the suggestion of the corresponding election committees, experts from the state bodies can be attracted to conduct the aforementioned control within their competency.
Article 36 item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 3 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Chapter 7. The procedure of voting
Article 37. The ballot paper
1. The ballot paper includes all the registered candidates with indication of the surname, name and patronymic in the alphabetic order of the state language. The ballot paper for voting for political parties includes the names of political parties in the order defined by a toss-up. The toss-up is conducted by the Central election committee. The procedure of conducting of a toss-up is defined by the Central election committee.
2. The ballots are printed in the state and Russian languages.
The ballots are produced in the amount equal to the number of voters in electoral district with a reserve of 0.1 percent of the total number of voters of the given electoral district.
3. The ballots are delivered to the local election committees not later than one day before the elections.
4. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
5. The premises where the ballots are kept are to be sealed and shall be handed over under protection of the law-enforcement bodies.
Article 37 item 1 in edition of the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375, item 3 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 2 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 3 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 38. Time and place of voting
1. Voting on presidential elections, elections of deputies of Mazhilis of the Parliament and Maslikhats, members of bodies of local governments is conducted on the day of elections from seven o'clock (7 a.m.) till twenty o'clock (8 p.m.) of local time. The territorial or district election committees on presentation of the corresponding Hakim and the divisional election committees have the right to establish other time for the beginning and end of voting. At that, voting cannot begin before six o’clock (6 a.m.) and end after twenty two o’clock (22 p.m.). The voters should accept and be notified not later than seven days before the ballot day about the decision of the territorial or district committees to change the time for the beginning and end of voting.
2. The local election committee shall notify voters through mass media and in other ways about the time and place of voting not later than ten days before and at holding of the election of members to the local government bodies - not later than five days before the day of voting.
3. In the polling stations formed on board the ships belonging to the Republic of Kazakhstan that on the day of elections are in navigation, in the military units, remote and out-of-the-way areas, in distant pastures for cattle grazing, in rest houses, sanatoriums, inpatient treatment-and-prophylactic establishments, investigatory isolators and isolators of the temporary detention and also in the representative offices and agencies of the Republic of Kazakhstan in foreign states, the local election committee can declare the voting finished at any time if all voters included in the list have voted. The list of such polling stations is approved by the corresponding election committee not later than seven days before elections while at holding of elections of members of the local government bodies - not later than three days before elections.
Voting on elections of deputies of the Senate is conducted within one day. At that, the time of voting shall be defined by the territorial election committee.
Article 38 item 2 with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 39. The premises for voting
1. Voting on presidential elections, elections of the deputies of the Parliament, Maslikhats, members of the local government bodies shall be conducted in specially allocated premises equipped with the required number of polling booths for secret vote, the places should be arranged for issue of ballots, and the urns for voting must be arranged in such a way that voters at the approach to them will inevitably have to pass through the polling booths for secret vote. At that, observers, proxies, representatives of mass media and members of the election committee should be ensured a possibility to watch the ballot-boxes, the entrance and exit from the booths for secret vote.
2. The persons who are in the premises for voting are strictly obliged to observe the rules established by the election committee. The chairman of the corresponding election committee regulates the number of the voters to stay in the premise to vote simultaneously; shall be responsible for the order and has the right to demand from anyone who offends the provisions of the present Constitutional Law and hinders the conducting of voting to leave the premise.
On the ballot day, all the persons not involved in the election process are forbidden to stay in the polling station.
In case of infringement of the Law of the Republic of Kazakhstan on Elections, the member of the divisional election committee shall immediately be debarred from participation in the work of the committee, while the observer and other persons shall be sent away from the premise for voting on the basis of the well-reasoned decision of the election committee that should be accepted in writing.
Execution of the given decision shall be realized by the law-enforcement bodies, the latter shall also undertake all possible measures to make answerable the discharged member of the election committee and the sent away observer or any other person for their violation of the provisions and rules of the laws of the Republic of Kazakhstan.
3. Ensuring the order in the premises for voting is assigned to the law-enforcement bodies. Employees of the law-enforcement bodies shall stay in the premises for voting only under the invitation of the chairman of the committee and are obliged to leave it immediately after recovering of the order or at a request of the chairman of the committee.
Article 39 item 2 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 with the change and supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 2, 3 with the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 40. Opening of the voting
1. On the ballot day of the presidential elections, elections of the deputies of Mazhilis, Maslikhats and members of the local government bodies, the local election committees shall start to open the voting stations one hour prior to the beginning of voting.
2. On the ballot day on elections of deputies of the Senate, the corresponding territorial election committees shall start to open the voting stations one hour prior to the beginning of voting.
3. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
4. The chairman of the local (territorial) election committee:
1) Thirty minutes prior to the beginning of voting in presence of the committee members shall check the ballot-boxes for availability or absence of ballots in them, integrity of urns, seals or applies a seal on the urns for voting;
2) Defines the members of the committee responsible for issue (giving out) of ballots.
Article 40 item 4 subitem 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 41. Organization of voting
1. Each voter (elector) votes personally.
2. At elections, transfer of the right to vote, as well as voting for other persons is impermissible.
3. Ballot-papers should be issued to voters (electors) on the basis of the electoral registers (lists of electors) after showing a document that certifies the personality of the voter (elector).
4. Voters (electors) put their signature in the list in confirmation of receiving by them of the ballot-papers.
5. A member of the committee who has given out the ballot-paper (ballot-papers), puts his/her signature in it/them, and also signs his/her name in the list against the surname of the voter (elector) who has received the ballot-paper (ballot-papers).
The chairman and the secretary of the election committee have no right to give out ballot-papers.
6. If some voters due to their state of health, owing to nursing after an ill member of their family cannot come to the polling station for voting, the local election committee shall organize voting in the place of staying of such voters based on their written requests that shall be submitted not later than twelve hours before the ballot day by the local time.
At reception of the application indicated in the present item, the chairman of the election committee makes a corresponding mark in the electoral register against the surname of the voter who has submitted an application.
At organization of voting outside the premise for voting two members of the election committee shall accompany the portable urn.
Members of the local election committee are obliged to inform observers, proxies and representatives of mass media about voting of such voters outside the premises for voting.
At departure of members of the election committee for voting outside the premises for voting, the observers or proxies have the right to accompany them.
At voting outside the premise for voting, the members of the election committee should be provided with the necessary quantity of ballots with allowance for their possible damage.
At voting outside the premise for voting the ballot-paper (ballot-papers) is issued to voters on the basis of an application for voting outside the premise for voting and in confirmation of such a will the voters shall put their signature in the application.
The member of the committee who has given out the ballot-paper (ballot-papers) puts his/her signature in it and also signs the application for voting outside the premise for voting.
7. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
8. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
9. Organization and conducting of voting according to item 6 of the present article should exclude a possibility of infringement of the election franchises of the citizen, infringement of secrecy of the ballot or distortion of the voter’s declaration of will.
Article 41 item 6 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 5 with the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 6 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 9 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 42. Conducting of voting
1. Ballots are filled in by voters in a polling booth for secret vote. At their filling in, presence of anybody, except for the voter, is forbidden. The voter (elector) who does not have a possibility to independently fill in a ballot has the right to be assisted by a person whom he/she trusts. After voting, the surname of such a person will be written down in the electoral register next to the voter’s (elector’s) signature in confirmation of receiving a ballot. This person cannot be:
1) A member of the election committee;
2) An official of the local representative or executive body;
3) A proxy of the candidate;
4) A journalist – a representative of mass media;
5) An observer registered in the corresponding election committee.
2. The voter (elector) puts any mark in an empty box to the right of the surname of the candidate for whom he/she votes.
In the ballot with names of political parties, the voter puts any mark in an empty box to the right of the name of the political party for which he/she votes.
3. The voter at elections of members of the local government bodies puts any mark in an empty box to the right of the surnames of those candidates for whom he/she votes.
3-1. It is impermissible to put down any marks in the ballot with a pencil, and also to enter any amendments into it.
4. The filled in reports are dropped by the voter (elector) in the urn for voting.
5. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 42 items 2, 3 in edition of the Constitutional Law of the Republic of Kazakhstan as of November, 6, 1998 № 285; item 2 is added by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1, 2 with the changes introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 1 subitem 5 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 3-1 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Chapter 8. Determination of the results of voting
Article 43. Counting of votes in the polling station (place/station of voting)
1. Counting of votes (the poll) at presidential elections, elections of the deputies of Mazhilis of Parliament and Maslikhats, members of the local government bodies in all electoral districts begins at twenty o'clock by the local time if in the given place/station of voting the time of voting was not changed in compliance with the order established by the present Constitutional Law. In case of a change of the time for voting, counting of votes begins upon the end of voting.
Counting of votes is conducted by the members of the election committee without interruption until establishment of the results of voting of which the persons who have the right to be present during counting of voices in compliance with the given Constitutional Law shall be notified. The time for counting of votes shall not exceed twelve hours from the beginning of counting.
The tables at which counting of votes takes place in the premises for voting must be arranged in such a way that all the persons who are present in the premise will have a good view of the actions of the local election committee members. The proxies and observers present at counting of voices shall watch votes’ counting at a distance and under the conditions providing visibility of marks in the ballots.
During count of ballots, the chairman of the committee or an assigned member of the committee shows to the present persons a ballot and discloses the declaration of will of the given voter.
At that, the ballots are stacked in a pile per each candidate, per the political party which has put forward the party list and in a pile for invalid ballot-papers.
2. Counting of votes at elections of the deputies of the Senate of the Parliament begins without delay upon the end of voting.
3. Counting of votes is done separately by each candidate, each political party. The urns for voting should be opened by the corresponding election committee after the announcement by the chairman of the committee of the end of voting. It is forbidden to open the urns before the end of voting.
3-1. At the end of voting, before the urns with the ballot papers are opened, the local election committee based on the electoral registers counts the number of the voters who have received the ballot papers and defines their total number. The chairman of the local election committee or a member of the committee replacing him announces the results of the counting and will put them down in the minutes on results of voting.
Portable ballot-boxes are the first to be opened. The number of the ballots in a portable ballot-box should correspond in quantity to the number of written applications to vote outside the premises for voting. If the number of the ballots of an established format in a portable ballot-box exceeds the corresponding number of written applications, all ballots from this urn shall be recognized invalid. In such a case, it is required to issue an act on invalidation of all ballots taken from the portable ballot-box, with indication of the surnames, names and patronymics of the members of the committee who conducted voting outside the premises for voting with the help of the given portable urn. The stationary urns shall be opened after opening of the portable urns for voting.
4. Before opening of urns all the unused ballot papers are counted and cancelled (liquidated) by the corresponding election committee. The election committee on the basis of the electoral registers shall determine:
1) The total number of voters (electors) in the polling station (place of voting);
2) The number of the voters (electors) who have received ballots;
3) The number of the ballots given by each member of the committee.
4-1. After opening of the urns, the election committee based on the number of the ballot papers shall determine:
1) The total number of the voters (electors) who have taken part in voting;
2) A poll per each candidate, per each political party;
3) The number of the ballots recognized invalid;
4) The number of the ballots received by the local election committee;
5) The number of the cancelled (liquidated) ballots.
In case the number of the ballots taken from the urns for voting exceeds the number of the ballots given on the basis of the electoral registers and applications for voting outside the premises for voting, it is required to determine the quantity of the ballots given by each member of the election committee.
5. The following ballots are recognized as invalid:
1) Of unestablished format;
2) In which there is no signature of the member of the corresponding election committee;
3) In which more than one candidate, more than one political party was marked, except for voting at elections of members of the local government bodies;
4) In which the mark is made with a pencil, there are traces of erasure or any other way of fabrication is detected and also in which it is impossible to define declaration of will of voters.
The invalid ballots are excluded during a direct counting of votes from the number of the ballots of the voters (electors) who have taken part in voting.
6. It is excluded by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.
7. In case of a disagreement concerning the validity of ballots, the issue is solved by the election committee through voting. At that, the decision is taken by more than half of voices of the total number of the committee members.
7-1. The local election committee (territorial election committee at election of deputies of the Senate) on demand of the proxy conducts a repeated counting of votes only once within the term established by items 1 and 2 of the given article.
8. The results of votes’ counting are considered by the election committee and will be put down in the minutes signed by the chairman and members of the election committee. In case of absence of the chairman of the election committee, the minutes are signed by the vice-chairman or the secretary of the election committee.
It is inadmissible to fill in the minutes on the results of voting with a pencil and in ink of different colors, and also to make any amendments in them. At that, the numerical values of the results of voting should be duplicated in words.
The copy of the minutes shall immediately be hung out in the premise of the electoral district in a specially arranged place for a general familiarization and will be kept in the premise within two days.
At a request of the person who according to the present Constitutional Law should be present during counting of voices, he/she can be issued a copy of the minutes certified by the signatures of the chairman and the secretary of the committee and the seal of the election committee.
8-1. The election returns of the electoral district are determined at the meeting of the district election committee conducted in one of the polling stations determined by the district election committee not later than ten days before the ballot day, with publication of the data about the place and time of the meeting in mass media. The results are determined on the basis of the minutes of the local election committees which are delivered to the given polling station.
The copy of the minutes on the election returns in the given electoral district is hung out in the premise of the polling station for general familiarization and is to be kept in the given premise for three days.
At a will of the person who according to the present Constitutional Law should be present during counting of voices, the named person will be issued a copy of the minutes certified by signatures of the chairman and the secretary of the committee and the seal of the election committee.
8-2. Not later than five days from the ballot day, the district election committee shall draw up a preliminary summary list on the results of votes’ counting in the polling stations and will hang it out in the premises of the polling station where its meeting was held for everybody’s familiarization.
The official summary list is made on the basis of the received minutes from the divisional (local) election committees on the results of counting of votes, signed by the chairman and the secretary of the district election committee and it will be posted up for everybody’s familiarization.
9. At revealing by the corresponding higher election committee of mistakes, non-conformities in the minutes of the divisional (local) election committees (the territorial election committees - at elections of deputies of the Senate), and also at doubt in correctness of votes’ counting, the given committee has the right to make a decision to repeat counting of votes of the voters (electors) by the corresponding divisional (the territorial) election committee. The repeated counting of votes of the voters is conducted in presence of a member of the higher election committee and of the applicants who have presented the facts of the wrong counting of votes.
Article 43 items 1, 3 both 6 with the changes and supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 4 subitems 4), 6), item 5 subitem 3) in edition of the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 with the change and supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 3 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; subitem 3-1, 4, 4-1, 7-1, 8-1, 8-2 in edition of the Constitutional Law of the Republic of Kazakhstan from April, 14, 2004 № 545; item 5 subitem 4) with the supplement introduced by the Constitutional Law of The Republic of Kazakhstan from April, 14, 2004 № 545; item 5, 8, 9 with the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 7 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 44. Determination and publication of the results of elections
1. The results of presidential elections, elections of the deputies of the Parliament are determined by the Central election committee.
2. The results of elections of the Maslikhat deputies and also of the local government bodies are determined by the territorial election committee.
3. The results of elections are entered in the minutes signed by the chairman and members of the election committee. In case of absence of the committee chairman the minutes is signed by the vice-chairman or the secretary of the committee instead of the chairman.
4. The announcement of the results of elections:
1) of the President, deputies of the Senate of the Parliament is published in mass media by the Central election committee, of the deputies of Mazhilis of the Parliament – by the corresponding district election committees not later than ten days from the date of holding the election;
2) Of the deputies of Maslikhats is published in the local mass media by the corresponding territorial and district election committees not later than seven days from the date of holding the election;
3) Of the members of the local government bodies is published in the local mass media by the corresponding territorial election committee not later than four days from the date of holding the election.
5. The announcement of the Central (the territorial) election committee includes the following data: the date of elections, the total number of the citizens included in the electoral registers (electors) and who have taken part in voting; the total number of the electoral districts; the total number of the candidates who stand for elections; the number of the voters voting outside the premises for voting; the number of the political parties participating in elections; the number of districts where repeated elections will be held; the number of votes (the poll) voted for each candidate in Presidents, deputies of the Senate of the Parliament, for each political party in the corresponding administrative and territorial area; the elected President, the deputies of the Senate of the Parliament, Maslikhats, members of the bodies of local governments with indication of the surname, name, patronymic, year of birth, post, place of residence and also at discretion of the candidate the data about his/her belonging to a political party and his/her nationality.
The announcement of the corresponding district election committee includes the data on: the total number of the citizens included in the electoral registers and who have taken part in voting; the number of votes (the poll) voted per each candidate; the number of invalid ballots in the polling stations; the surname, name, patronymic, year of birth, post, the place of residence of the elected deputies to Mazhilis of the Parliament, deputies of Maslikhats, and also at discretion of the candidate the data on his/her belonging to a political party and his/her nationality.
The data of the Central and territorial election committee announcements are submitted to the county constituencies, while the data of the district election committee announcement - to the polling stations. The announcement on the preliminary election returns in the format of statements (lists) the corresponding election committee shall announce not later than forty eight hours after the end of votes’ counting and issue of the corresponding minutes.
Article 44 item 5 with the changes and the supplement, introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 4 subitem 1) with the supplements introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 4 subitem 2) with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 5 in edition of the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 45. Registration of the President, deputies of the Parliament, Maslikhats and members of the bodies of local governing
The corresponding election committees in the order established by the present Constitutional Law conduct registration of the elected President, deputies of the Parliament, Maslikhats, members of the local government bodies upon receiving from them within a seven-day’s term of a written application on abdication of all responsibilities by them that are incompatible in compliance with the Constitution and the laws of the Republic with the status of the President, the deputy of the Parliament, maslikhat and the member of the bodies of local governing.
Article 45 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375.
Article 46. The certificate and a breastplate of the President, the deputy of the Parliament, Maslikhats and the member of the local government bodies
1. The chairman of the Central election committee at the introduction of the President of the Republic into the position hands over to the President the corresponding certificate and a breastplate of the sample established by the Central election committee.
2. The Central election committee after publication in mass media of the results of elections of the deputies of the RK Parliament hands over to each deputy the certificate and a breastplate of the established form.
3. The corresponding territorial election committee after publication in mass media of the list of:
1) the deputies of Maslikhats – hands over to each of them the certificate of the deputy of Maslikhat and a breastplate of the sample established by the Central election committee;
2) The members of the bodies of the local government - hands over to each of them the certificate of the member of the local government body of the sample established by the Central election committee.
Chapter 9. Warranties of freedom of elections
Article 47. Warranties of activity of candidates during the election campaign
1. The candidates in Presidents, deputies of the Parliament, maslikhats from the date of their registration and till publication of the election returns have the right to be released from work, military service and military periodical trainings. The time of the candidates’ participation in elections is included in the years of service in the specialty area in which he/she has worked till the day of registration.
2. The candidates in Presidents, the deputies of the Parliament, maslikhats and members of the local government bodies since the date of their registration and till publication of the results of elections cannot be dismissed from their work, transferred to other work or position without their consent, and also sent on a business trip or invoked on military trainings.
3. The candidates in Presidents, deputies of the Parliament since the date of their registration and till publication of the results of elections and also till their registration as the President, the deputy of the Parliament without the consent of the Central election committee cannot be arrested, subject to a forcible arrest, measures of penalty under administrative law levied judicially, be made answerable for legal liability and also detained except for cases of detainment directly flagrante delicto (caught red-handed in the act) and committing of a grave crime.
Article 47 item 1 in edition Constitutional Law of the Republic of Kazakhstan as of May 6, 1999 № 375; item 1 with the change introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545; item 3 with the change and the supplement introduced by the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 48. The activity of the state bodies on ensuring freedom of elections
1. The ballot day and the day preceding it shall be declared as a working day for the courts, services of the Prosecutor's Office and internal affairs and also organizations on maintenance of the housing stock.
2. The law-enforcement bodies and organizations on maintenance of the housing stock are obliged to render any assistance that the election committees will need:
1) To ensure the public order and freedom of elections during conducting of the voting;
2) To clarify the electoral registers;
3) In respect to other issues that can arise on the day of the ballot in the activity of the election committees.
3. If the election committee at check of the application submitted in its name finds it necessary to conduct a check of the circumstances indicated in the application by the law-enforcement bodies, then, the corresponding bodies under the request of the election committee will check such circumstances and make a decision in respect to the given application within three days from the date of receiving the given application and, if an application is received less than five days before the ballot day or on the ballot day – then, the decision will be made immediately.
Article 48 is added with item 3 the Constitutional Law of the Republic of Kazakhstan as of April 14, 2004 № 545.
Article 49. The appeal and cancellation of decisions and actions during the election campaign
Courts and the services of the Prosecutor's Office are obliged to accept applications from the members of the election committees, citizens, representatives of the public associations registered in the statutory order concerning the issues of conducting the voting including the issues on infringements of the Law on Elections that have been received during preparation and holding of the elections and shall co