Chapter 1. General Provisions
Chapter 2. Electoral Bodies
Chapter 3. Electoral Districts and Precincts
Chapter 4. Voter or elector Rosters
Chapter 5. Election Campaigning
Chapter 6. Election Funding
Chapter 7. Voting Procedure
Chapter 8. Determining the Results of Voting
Chapter 9. Guarantees of Freedom of Elections

Chapter 10. Elections of the President of the Republic of Kazakstan
Chapter 11. Elections of Senators of the Parliament of the Republic
Chapter 12. Elections of Members of the Majilis of Parliament of the Republic (Parliamentary Elections)
Chapter 13. Election of Members of the Maslikhats of the Republic

 

Article 1. Relations governed by this Constitutional Law

This Constitutional Law governs the relations which arise during the preparation and holding of elections for the President and Members of the Senate and Majilis of the Parliament and maslikhats, and members of local self-government bodies of the Republic of Kazakstan; it also establishes guarantees of freedom of will for the citizens of the Republic.

Article 2. Freedom of Elections

Elections in the Republic shall be based upon a citizen’s free exercise of his right to elect and be elected.

Article 3. Principles of Electoral Law

1. Elections of the President, Members of the Majilis of the Parliament, members of maslikhats, and members of local self-government bodies of the Republic shall be held in secret balloting, on the basis of a universal, equal and direct suffrage.

2. Election of the Members of the Senate of the Republic’s Parliament shall be held in secret balloting on the basis of indirect suffrage.

3. Citizens of the Republic shall participate in elections voluntarily. No one shall have the right to force a citizen to participate or refrain from participating in elections or to limit his freedom of will.

Article 4. Universal Suffrage

1. Universal active suffrage is the right of a citizen of the Republic to participate in voting in elections when he has attained the age of eighteen, regardless of his origin, social status, position, property status, sex, race, nationality, language, religious affiliation, beliefs, place of residence, or any other circumstance.

2. Eligibility is the right of a citizen of the Republic to be elected to the offices of President of the Republic, Member of the Majilis of Parliament, maslikhat, or local self-government body.

3. Citizens who have been found legally incompetent by a court or who are serving sentences in correctional facilities shall not participate in elections.

4. The following individuals shall not register as a candidate for the office of President of the Republic, Member of the Majilis of the Parliament of the Republic of Kazakstan, including on party slates, or of maslikhats or of local self-government bodies:

1) One who has been found giulty of corruption within a year prior to registration;

2) One on whom an administrative fine for a deliberate offense has been levied by judicial process within a year prior to registration;

3) One who has a previous conviction which had not been duly cleared or struck by the time of registration.

Article 5. Equal Suffrage

1. Voters shall participate in elections of the President, Members of the Majilis of Parliament, or members of maslikhats of the Republic on equal terms, and each shall have one vote for each office.

2. Voters shall participate in elections of the members of local self-government bodies on equal terms, and each shall have an equal number of votes.

3. Candidates shall have equal rights to participate in elections to the extent established by this Constitutional Law.

Article 6. Direct Suffrage

Citizens shall elect the President, Members of the Majilis of Parliament and maslikhats, and members of the local self-government bodies of the Republic directly.

Article 7. Indirect Suffrage

1. Electors who are citizens of the Republic and members of the maslikhats shall participate in the election of Senators to the Parliament.

2. Electors shall participate in the election of Senators on equal terms, each having one vote in the election of a Senator.

3. Deleted by Constitutional Law of the Republic of Kazakstan No. 222-I (ZRK) dated May 6, 1998.

Article 8. Secret Balloting

Balloting in elections for the President, Members of Parliament and maslikhats, and members of local self-government bodies of the Republic shall be secret, and shall preclude the possibility of any control whatsoever over the will of the voters.

Article 9. Electoral Systems

1. The following vote tabulation system shall be used in elections of the President and Members of the Parliament:

1) Deleted by Constitutional Law of the Republic of Kazakstan No. 285-I (ZRK).

2) A candidate shall be deemed elected if:

¾ in the first round of voting he has garnered more than fifty percent of the vote of all voters or electors who participated in the election;

¾ in subsequent rounds of voting, among candidates running he has garnered the largest vote of the voters or electors participating in the voting;

¾ in subsequent rounds of voting wherein he is the sole candidate, he has garnered more than fifty percent of the vote of all voters or electors participating in the voting.

2. The following vote tabulation system shall be used in elections of members of the maslikhats:

1) Deleted by Constitutional Law of the Republic of Kazakstan No. 375-I (ZRK).

2) A candidate shall be deemed elected if in the first round of voting he has garnered more than fifty percent of the vote of voters who participated in the balloting; or in subsequent rounds of voting, among candidates running he has garnered the greatest vote of voters participating in the balloting;

3) In the event that a sole candidate is running for an office, he shall be deemed elected if he has garnered at least fifty percent of the vote of the voters participating in the balloting.

3. The following vote tabulation system shall be used in elections of members of local self-government bodies:

1) Deleted by Constitutional Law of the Republic of Kazakstan No. 375-I (ZRK).

2) The candidates who have garnered the greatest number of the votes of voters participating in the balloting shall be deemed elected.

Chapter 2

ELECTORAL BODIES

Article 10. Electoral Bodies; the System of Electoral Bodies; Terms of Office of Electoral Bodies

1. Electoral commissions are state electoral bodies which shall organize the preparation and holding of elections in the Republic.

2. The following bodies shall constitute the unified system of electoral commissions:

1) The Central Electoral Commission of the Republic;

2) Territorial electoral commissions;

3) District electoral commissions;

4) Precinct electoral commissions.

3. The term of office of the electoral commissions shall be five years. The bodies and officials comprising the electoral commissions shall be entitled to make changes in their membership during the term of office of the electoral commissions.

4. Decisions creating electoral commissions and the membership and location of the electoral commissions shall be promulgated in the media.

5. Decisions made by the electoral commissions within the scope of their competence shall be binding on all government agencies and organizations, local self-government bodies, and their officers within the relevant territorial jurisdiction.

Article 11. The Central Electoral Commission of the Republic

1. The Central Electoral Commission shall head the unified system of electoral commissions and shall be a standing body.

2. The Central Electoral Commission shall comprise its Chairman, Deputy Chairman, Secretary, and commission members, whom the Majilis of Parliament shall elect to and dismiss from office on recommendation of the President of the Republic.

3. The Chairman and Secretary of the Central Electoral Commission must hold university-level degrees in law.

4. The Central Electoral Commission shall have its own Staff.

5. Costs to maintain the Central Electoral Commission and its Staff shall be funded from the national budget.

Article 12. Powers of the Central Electoral Commission of the Republic

1. The Central Electoral commission shall:

1) Administer the enforcement and ensure the uniform application of electoral law within the Republic, and make decisions within its competence, which shall be binding throughout the Republic;

2) Arrange the preparations for and holding of elections for the President and Members of the Majilis of Parliament; administer the organization and holding of elections of the Senators of Parliament;

2-1) Consider whether to allow political parties to participate in elections for Members of the Majilis of Parliament elected on party slates;

3) Create electoral districts for elections of the Members of the Majilis of Parliament, and publish the fact of such creation in the media;

3-1) Form territorial and district electoral commissions on recommendation of akim of oblasts (cities of national significance and the capital of the Republic);

4) Compile and submit to the Government of the Republic a cost projection for holding an election campaign;

5) Administer the electoral commissions’ activities in elections of the President and Members of Parliament; rescind or suspend the decisions of the electoral commissions; disburse among the electoral commissions budgetary funds allocated for election campaigns; oversee the provision of the necessary logistical conditions for electoral commission operations; examine petitions and appeals to the decisions and actions of territorial and district electoral commissions; hold seminars on organizing and holding elections with representatives of political parties

6) Establish the format and content of ballots in presidential elections; the format and procedure for producing ballots in elections of the Members of Parliament, members of the maslikhats, and members of local self-government bodies; the format of voter or elector rosters; the format for the signature sheet used to collect signatures of voters in support of presidential candidates and of signature sheets used to collect signatures of electors in support of senatorial candidates; the format for other electoral documents; prototypes of ballot boxes and seals of the electoral commissions; the procedure for safekeeping of electoral documentation; facilitate production of ballots in elections of the President and Members of the Majilis of Parliament;

7) Have the right to hear reports from governmental agencies and organizations on matters related to the preparation for and holding of elections, and to hear information from the bodies of public interest groups on matters of compliance with electoral law;

8) Register, and issue identification documents to, candidates for the office of President of the Republic, their proxies and action groups; publish announcements on the registration of candidates in the media;

9) Inform voters of the progress of election campaigns for the offices of President and Members of Parliament;

10) Compile the results of elections of the President and Members of Parliament for the entire Republic, register the elected President and Members of Parliament, and publish announcements thereon in the media;

11) Set and organize the holding of repeat balloting and repeat elections of the President;

12) Set repeat elections of Members of Parliament;

13) Set elections of Members of Parliament to fill vacated posts;

14) Set regular and extraordinary elections of the maslikhats;

15) Provide methodological administration and operational management of the territorial electoral commissions during their organization and holding of elections of the maslikhats and local self-government bodies;

16) Determine the number of Members of the Majilis and members of maslikhats to be elected from each territorial subdivision based on population;

17) Exercise other powers in accordance with the laws of the Republic.

Article 13. Territorial electoral commissions and the procedure for their formation

1. The territorial electoral commissions are the oblast, city (for cities of national significance and the capital of the Republic), district, and municipal, and municipal district electoral commissions.

2. Territorial electoral commissions shall:

1) Organize and hold elections of the President, Members of Parliament, members of maslikhats, and members of local self-government bodies.

2) Be composed of seven members.

3. Oblast electoral commissions shall be created by a decision of the Central Electoral Commission on the basis of recommendations from the akim of the oblasts (cities of national significance and the capital of the Republic).

Subordinate territorial electoral commissions shall be created by a decision of the Central Electoral Commission on the basis of recommendations from the appropriate akims.

4. The membership of the territorial electoral commissions for election of the President, Members of Parliament and the maslikhats shall be published in the media no later than 10 days after elections have been set or announced; that of territorial commissions for election of members of local self-government bodies, no later than seven days thereafter.

Article 14. Powers of the territorial electoral commissions.

Each territorial electoral commission shall:

1) Administer the enforcement of electoral law within its territorial jurisdiction;

2) Effect the preparations for and holding of elections of the President and Members of the Parliament, members of maslikhats, and members of local self-government bodies;

3) Manage the activity of its subordinate territorial, district, and precinct electoral commissions; rescind or suspend the decisions of its subordinate electoral commissions; disburse among its subordinate electoral commissions budgetary funds allocated for election campaigns; oversee provision of the necessary logistical conditions for the operations of district and precinct electoral commissions; examine petitions and appeals to the decisions and actions of district and precinct electoral commissions; and within its territorial jurisdiction, enforce the implementation by all territorial electoral commissions of decisions of the Central Electoral Commission;

4) Have the right to hear the reports of electoral commissions, governmental agencies and organizations on matters related to the preparation for and holding of elections, and to hear information from bodies of public interest groups on matters of compliance with electoral law;

5) Effect the holding of senatorial elections; register, and issue identification documents to, senatorial candidates, their proxies and action groups; publish announcements on the registration of candidates in the media; prepare polling stations, and ensure that voting booths and ballot boxes are manufactured; compile voting results on the election of Senators and forward protocols on compilation of voting results to the Central Electoral Commission for registration of elected Senators;

6) form electoral districts for the election of members of the maslikhats and publish a list of such districts, and inform voters of the location of electoral commissions;

7) Ensure that voter ballots are produced for elections of the Members of Parliament, members of maslikhats, and members of local self-government bodies;

8) Obtain from the district electoral commissions protocols on the registration of candidates for election to the corresponding maslikhat and ensure that the district electoral commissions publish lists of registered candidates;

9) Compile the results of elections of members of the maslikhats, register elected members, and publish an announcement thereof in the media;

10) Organize repeat voting, repeat elections, and elections to fill vacated posts of Senators and members of the maslikhat;

11) Set and organize elections, repeat elections, and elections to fill vacated posts of members of local self-government bodies; perform the functions of the district electoral commission in elections of members of local self-government bodies located within its territorial jurisdiction; register, and issue identification documents to, candidates for election to a local self-government body, as well as their proxies and action groups; publish announcements on the registration of candidates in the local media; compile the results of elections of members of local self-government bodies; publish in the local media the results of elections of members of local self-government bodies;

12) Exercise other powers in accordance with the laws of the Republic.

Article 15. District electoral commissions and the procedure for their formation

1. The district electoral commissions shall:

1) Be formed by decision of the Central Electoral Commission on recommendations by the akims of the oblasts (cities of national significance and the capital of the Republic);

2) Facilitate the organization and holding of elections of the Members of the Majilis of Parliament and members of maslikhats in the electoral districts.

2. The district electoral commissions shall be composed of seven members.

3. The membership of the territorial electoral commissions shall be published in the media no later than ten days after elections are set or announced.

Article 16. Powers of the district electoral commissions

The district electoral commission shall:

1) Administer the enforcement of electoral law within its territorial jurisdiction;

2) Organize the holding of elections of Members of the Majilis of Parliament and members of maslikhats;

3) Organize and coordinate the activity of the precinct electoral commissions; rescind or suspend the decisions of the precinct electoral commissions; oversee provision of the necessary logistical conditions for the operations of precinct electoral commissions; examine petitions and appeals to the decisions and actions of the precinct electoral commissions;

4) Establish a uniform numbering system of the voting precincts within its district;

5) Register and issue identification documents to candidates for office of Members of the Majilis of Parliament and the members of maslikhats, their proxies and action groups; publish announcements on the registration of candidates in the media;

6) Oversee compilation of voter rosters and compiled and make them available to the public in a timely and accurate manner;

7) Ensure that voter ballots are supplied to the precinct electoral commissions;

8) Have the right to hear the reports of precinct electoral commissions and governmental agencies and organizations located within the district on matters related to the preparation for and holding of elections, and to hear information from bodies of public interest groups on matters of compliance with electoral law;

9) Obtain from the precinct electoral commissions protocols on voting results, determine the election results in the district on the basis of such protocols, and publish a relevant announcement in the media;

10) Hold repeat voting, repeat elections, and elections to fill vacated posts of Members of the Majilis of Parliament;

11) Hold repeat elections and elections to fill vacated posts of members of maslikhats;

12) Exercise other powers in accordance with the laws of the Republic.

Article 17. Precinct electoral commissions and the procedure for their formation

1. The precinct electoral commissions shall:

1) Be formed by decision of the corresponding superior electoral commission on recommendation from the corresponding akim;

2) Organize and hold elections of the President, Members of the Majilis of Parliament and members of maslikhats, and members of local self-government bodies in the relevant electoral precinct;

3) Be composed of seven members.

2. The membership of the precinct electoral commissions for the election of the President, Members of Parliament, and members of the maslikhats shall be published in the media no later than seven days after the elections have been set or announced; that of territorial commissions for the election of members of local self-government bodies, no more than three days thereafter.

Article 18. Powers of the precinct electoral commissions

The precinct electoral commission shall:

1) Conduct election activities for election of the President, Members of the Majilis of Parliament and members of maslikhats, and members of local self-government bodies in the electoral precinct;

2) Inform voters of the location of the precinct commission;

3) Compile voter rosters at the precinct under its jurisdiction;

4) Make available to the general public the voter roster, examine complaints of mistakes or inaccuracies in the rosters, and resolve matters related to the introduction of relevant corrections thereto;

5) Inform voters of the date, time, and place of voting;

6) Prepare the polling station, ensure that voting booths and ballot boxes are manufactured;

7) Organize voting at the electoral precinct on election day;

8) Tabulate votes and determine the precinct voting results;

9) Examine, and render decisions on, petitions and complaints on matters of preparation and organization of voting;

10) Exercise other powers in accordance with the laws of the Republic.

Article 19. Status of electoral commission members

1. Each member of an electoral commissions shall:

1) Be informed of meetings of his electoral commission reasonably in advance;

2) Have the right to speak at meetings of his electoral commission, enter motions on matters within the competence of his electoral commission, and demand that such matters be put to vote;

3) Have the right to address questions to other participants in the meeting in accordance with the agenda and to receive substantive answers to such questions;

4) Have right of access to any documents or materials at his electoral commission and receive certified copies of such documents.

2. A member of an electoral commission may be relieved of his duties by decision of the body or official that appointed him, or in the event that he submits his resignation; he loses Republic of Kazakstan citizenship; a court sentence against him enters into legal force; he is found by lawful decision of a court to be incompetent, partially incompetent, missing, or deceased.

Article 20. Organization of electoral commission activity

1. The activity of electoral commissions shall be conducted on a collegial basis.

2. Initial meetings.

1) The Central Electoral Commission shall be convened by its Chairman within fourteen days after its election;

2) The initial meetings of subordinate electoral commissions shall be convened by their chairmen within fourteen days after such commissions are formed.

3. During the preparation and holding of election campaigns meetings of the commissions shall be held at least bi-weekly. At other times the commissions shall hold meetings as necessary at the initiative of the chairman or at least one-third of the commission members.

4. Meetings of electoral commissions shall be duly constituted if at least two-thirds of commission members participate therein.

5. Decisions of the commissions shall be adopted in open voting by majority vote of all commission members, except as otherwise provided by this Constitutional Law. For adoption of decisions by commissions with an even number of members in the event of a tie vote, the chairman of the commission shall have the deciding vote. Dissenting members shall be entitled to draft a minority opinion, which shall be attached to the minutes of the relevant meeting.

6. The decisions and actions of electoral commissions may be appealed to higher electoral commissions or in court. Appeal to a higher electoral commission shall not serve as a precondition to right of recourse to the court.

7. Governmental agencies, organizations, local self-government bodies, and their officials must render assistance to the electoral commissions in exercising their powers, provide them with any necessary information or materials and respond to the queries of electoral commissions within three days, or for queries made on the eve of or on election day, respond immediately.

8. For the period of preparation and holding of elections, members of the territorial, district, and precinct electoral commissions may, if they so desire and upon relevant decision of the electoral commission, be relieved of their other work or service duties with retention of their regular average salary or wage.

9. Candidates for the offices of President, Member of Parliament, member of a maslikhat, or member of a local self-government body, as well as their immediate family members and immediate subordinates may not belong to electoral commissions. Such persons shall be considered relieved from duty on an electoral commission as of the date of registration of such candidate.

Chapter 3

Electoral Districts and Precincts

Article 21. Electoral Districts and The Electoral District System

1. A system of territorial electoral districts shall be established and employed in the Republic of Kazakstan for elections of the Members of the Majilis of Parliament, members of the maslikhats, and members of local self-government bodies.

2. The electoral districts shall be established taking into account the geopolitical subdivisions of the Republic, and shall all have approximately equal voter populations. Voter populations must not vary by more than twenty-five percent among districts within a single oblast or city of national significance, or within the capital of the Republic.

3. In elections of the President of the Republic and of Members of the Majilis to be elected at large on the basis of party slates by a system or proportional representation, the entire territory of the Republic of Kazakstan shall be considered as a single electoral district.

4. In elections of the Members of the Majilis of Parliament and members of the maslikhats, single-mandate territorial electoral districts shall be established in compliance with the conditions set forth in paragraph 2 of this Article.

5. In elections of the members of local self-government bodies, multi-mandate territorial electoral districts shall be established, which shall encompass the territories of local urban and rural communities.

Article 22. Delineation and revision of electoral district boundaries

1. Electoral districts shall be established by the Central Electoral Commission or the territorial electoral commissions, as appropriate.

2. A listing of the electoral districts indicating their boundaries and the location of the district electoral commissions shall be published in the appropriate media by the relevant district electoral commissions within ten days after elections are set or announced.

3. Revisions to the listing of electoral districts, changes in delineation of their boundaries, or relocation of electoral commissions shall be effected by the appropriate electoral commission.

Article 23. Establishment of electoral precincts

1. For purposes of voting and tabulation of votes in the regions and cities, electoral precincts shall be established by decision of the relevant akim with the agreement of the district electoral commissions. The electoral precincts shall be established for maximum voter convenience, taking into account local and other conditions.

2. The electoral precincts shall be established with the following stipulations:

1) There shall be no more than 3,000 voters per electoral precinct;

2) Administrative and geopolitical borders shall be respected;

3) The territory of an electoral precinct may not cross into more than one electoral district.

3. In military garrisons, on board vessels sailing under the flag of the Republic of Kazakstan and underway on the date of an election, at rest resorts, in sanitariums, in inpatient medical care facilities, in remote and inaccessible locations, on cattle ranges, and in correctional facilities and detention facilities, electoral precincts shall be established within the electoral districts local to the place of deployment, port of origin, or actual location, as the case may be. Electoral precincts shall be established at the representations of the Republic of Kazakstan in foreign countries, and such precincts shall belong to the electoral district of the capital city within whose territorial jurisdiction the Republic of Kazakstan Ministry of Foreign Affairs is located.

4. Such electoral precincts shall be established as recommended by the vessel captains, military unit or formation commanders, heads or chiefs of the organizations listed in paragraph 3 above, relevant akims, or Republic Ministry of Foreign Affairs, as appropriate.

5. The relevant akim shall inform voters via the media of the boundaries of an electoral precinct within seven days from the date when such precinct is established, or when elections of members of local self-government bodies are being held, within three days of the date of establishment of the precinct.

Chapter 4

Voter or elector Rosters

Article 24. Voter or elector rosters and the procedure for their compilation

1. Voter rosters shall be compiled for elections of the President, Members of the Majilis of Parliament, members of the maslikhats, and members of local self-government bodies. Elector rosters shall be compiled for elections of Senators.

2. Voter rosters shall be compiled by the precinct electoral commissions the precinct electoral commissions for each electoral precinct and shall be signed by the chairman and secretary of the precinct electoral commissions.

3. A citizen’s actual residence within the territorial jurisdiction of a particular electoral precinct shall constitute the grounds for his inclusion onto the voter roster at that precinct.

4. Voter rosters shall be compiled in alphabetical or other order. The roster shall indicate the voter’s full name, year of birth (and for 18-year-old voters, the month and date of birth as well) and the address of the voter’s residence. Elector rosters shall be compiled in alphabetical or other order, and shall indicate the elector’s full name, name of the maslikhat of which he is a member, and the address of his residence.

5. Voter rosters by place of residence shall be compiled on the basis of voter data provided to the electoral commission by local executive bodies within ten days after elections are set or announced. Such rosters shall be reconciled quarterly by an officer of the local executive body specially appointed for this purpose.

6. Full-time undergraduate and graduate students residing in dormitories shall be included onto the voter roster local to the dormitory.

7. Voter rosters for military servicemembers in garrison, as well as their family members and other voters residing at places of deployment of military units, shall be compiled on the basis of information furnished by the military unit commanders.

8. Voter rosters for electoral precincts established at rest resorts, in sanitariums, in inpatient medical care facilities, in remote and inaccessible locations, on cattle ranges, in correctional facilities and detention facilities, at the representations of the Republic of Kazakstan in foreign countries, and on board vessels sailing under the flag of the Republic of Kazakstan and underway on the date of an election shall be compiled on the basis of information furnished by the heads of the relevant organization, relevant akim, chiefs of foreign representation, or vessel commanders, as the case may be.

9. Elector rosters for elections of Senators shall be compiled by the appropriate territorial electoral commission, on recommendation of the maslikhat of the oblast, city (city of national significance), or capital of the Republic, as the case may be.

10. No changes may be made to voter or elector rosters after tabulation of votes has commenced.

Article 25. Inclusion onto a voter or elector roster

1. Voter rosters shall:

1) Include all citizens of the Republic holding positive suffrage;

2) Include, listed by place of residence, citizens permanently or temporarily residing within the territorial jurisdiction of a given electoral precinct as of the date when the voter roster is compiled;

3) Include, listed by electoral precinct established at such location, all citizens who on election day will be located at rest resorts, in sanitariums, in inpatient medical care facilities, in remote and inaccessible locations, on cattle ranges, in correctional facilities and detention facilities, or on board vessels sailing under the flag of the Republic of Kazakstan and underway on election day;

4) Include, listed by military unit, all military servicemembers residing in garrison, as well as their family members and other voters residing at places of deployment of military units. Military servicemembers not residing in garrison shall be included onto voter rosters listed by place of residence along with the civilian population;

5) Include, listed by electoral precinct established at the representations of the Republic of Kazakstan in foreign countries, all citizens residing or on extended duty assignment in such foreign country and holding a valid Republic of Kazakstan passport. Citizens of the Republic traveling abroad under private invitation or on official, business or tourist trips shall be included onto a supplemental voter roster upon their application to the relevant precinct electoral commission and presentation of a valid Republic passport.

2. Elector rosters shall include:

1) All members of the maslikhats within the territory of an oblast;

2) All members of the maslikhats of a city of national significance or of the capital of the Republic, as the case may be.

3. A citizen may be included onto only one voter roster, and an elector on only one elector roster.

Article 26. Availability of voter rosters and elector rosters for examination

1. Voter rosters for electoral precincts established by place of citizens’ residence shall be made available for public examination fifteen days prior to election day; voter rosters for precincts established in military garrisons, on ships sailing under the flag of the Republic of Kazakstan and underway on election day, at rest resorts, in sanitariums, in inpatient medical care facilities, in remote and inaccessible locations, on cattle ranges, in correctional facilities and detention facilities, and at the representations of the Republic of Kazakstan in foreign countries, shall be made available for public examination five days prior to election day; voter rosters for electoral precincts established for the holding of elections of members of local self-government bodies shall be made available for public examination seven days prior to election day.

2. Elector rosters for senatorial elections shall be made available for examination by publication in the local media at least seven days prior to the elections.

3. Citizens or electors shall be provided an opportunity to examine voter rosters or elector rosters, respectively, at the premises of the relevant electoral commissions, and to verify the accuracy of voter or elector data contained in the rosters.

4. Each citizen or elector shall enjoy the right to appeal omission or exclusion from or incorrect inclusion onto the roster, as well as inaccuracies in the voter or elector information contained therein. Petitions for corrections to the rosters shall be examined by the relevant electoral commission within three days, or for petitions made on the eve of or on election day, they shall be examined immediately. In the event that the electoral commission rejects such a petition, it must immediately furnish the petitioner a copy of a substantiated decision mandating such rejection. Such decision may be appealed at the court of relevant jurisdiction local to the electoral commission. The court must consider and issue a final ruling on such appeal within three days, or for appeals made on the eve of or on election day, it must do so immediately. If the court rules in favor of the petitioner, the electoral commission must immediately amend the voter or elector roster accordingly, or in the case of an omitted voter, include such voter onto a supplemental roster.

Chapter 5

Election Campaigning

1. Election campaigning shall commence on the date of candidate registration, and continue until 12:00 midnight local time on the eve of election day.

2. Election campaigning shall take place:

1) Through the media;

2) By holding public campaign events (e.g., campaign assemblies with voters and electors, public campaign debates and discussions, rallies, marches, demonstrations, etc.), or private meetings between candidates, their proxies and members of their action groups with voters or electors;

3) By publishing and/or distributing printed, audio-visual, and other campaign materials.

3. The following shall be prohibited from engaging in election campaigning or distributing any election campaign materials:

1) Governmental agencies, local self-government bodies, and their officials when performing their official duties;

2) Military units, institutions, and organizations;

3) Members of electoral commissions.

4. Journalists or media editorial officers accredited by candidates or by their proxies shall not have the right to participate in media election coverage.

5. Election campaigning shall be prohibited from involving provision of goods, services, or securities to voters free of charge or at discount, or payments or promised payments of money, except for the free distribution of printed, including illustrated materials, as well as buttons, flags, pennants, and other signs or symbols specially made for the election campaign.

Article 28. Right to conduct election campaigning.

1. The state shall guarantee to its citizens having active suffrage as well as to public interest groups, the right to unhindered campaigning for or against candidates.

2. Upon their registration with the relevant electoral commission and until the end of their election campaigns, candidates shall have the right to campaign and promote their election platforms in the press and other media.

3. The State shall guarantee to candidates the opportunity to promulgate their platforms in the state-run media. All candidates shall have equal right to one fifteen-minute address on state television, one ten-minute address on state radio, and to publication of two articles in the state press of a length to be determined the Central Electoral Commission or territorial electoral commission. The nature and form of the addresses shall be determined by the candidates themselves. It shall be prohibited to interrupt the candidates’ addresses or to accompany them with any commentary.

4. The relevant electoral commissions shall allocate all candidates equal money for holding public campaign events. Governmental agencies and local self-government bodies must render assistance to candidates in organizing and holding public campaign events. Applications for allotment of premises or provision of other conditions for such events shall be considered by the local executive authorities within three days after their submission, and shall be approved in the manner determined by the relevant electoral commission. Premises and other tangible assets which can be used for holding mass events and which are owned by the state, by the public, or by state organizations shall be provided to candidates free of charge for a period to be determined by the electoral commission.

5. The relevant electoral commission shall provide each candidate with an equal money for the production of posters, flyers, slogans, and other printed campaign materials. All printed campaign materials must contain information about the publisher, the place of printing or reproduction, and the persons responsible for their publication. Distribution of anonymous campaign materials shall be prohibited. Printed campaign materials may be posted at any premises, on any building, structure or other object with the consent of the owner or tenant of such object. Posting of printed campaign materials on monuments, obelisks, buildings or structures of historical, cultural, or architectural value, as well as on electoral commission premises or in polling stations, shall be prohibited.

6. Candidates for the offices of President or Member of the Majilis of Parliament shall have the right to use their own private campaign funds to pay expenses related to addresses in the mass media, holding of public campaign events, publishing of additional campaign materials, and to cover transport and campaign travel costs. It shall be prohibited to solicit funds for these purposes from any other source, or to accept from legal entities or private individuals any organizational campaigning services not paid for from the candidates’ campaign funds, or for the candidate to provide any assistance to such legal entities or private individuals in exchange for such services.

7. The state-run presses of the highest governmental authorities of the Republic, as well as the publications of the maslikhats and local executive authorities, must publish announcements of the electoral commissions and information on the candidates participating in the elections in the manner and to the extent determined by the Central Electoral Commission.

Article 29. Candidate’s election platform

1. Candidates for the offices of President, Member of Parliament, member of maslikhat, or member of local self-government body shall state their program of future activity [tr: election platform]. The election platform must not advocate ideas of violent change of the constitutional order; breach of the integrity of the Republic; undermining the national security; war; or social, racial, national, religious, doctrinal or sexual discrimination; nor cults of cruelty or violence.

2. In the event that these requirements are violated, the relevant electoral commission shall be entitled to refuse registration to a candidate, or to withdraw registration in the event that a candidate violates such requirements after he is registered.

Article 30. Action groups

1. Citizens’ action groups shall be founded by the candidates themselves and registered with the relevant electoral commissions.

2. The candidate himself shall determine the size and membership of an action group.

3. The relevant electoral commission shall issue identification documents to members of a registered action group.

4. Refusal to register an action group may be appealed to the court.

5. Action groups shall be founded for the following purposes:

1) To collect voter signatures in support of candidates to the office of President or Senator;

2) To conduct campaigning in support of or against a certain candidacy.

6. Members of action groups shall forfeit their status upon completion of the election campaign, or at their own initiative, or by decision of the candidate.

Article 31. Candidates’ proxies

1. Candidates shall be entitled to have proxies, who shall help them in holding the election campaign, shall actively campaign for the candidates, and shall represent the interests of the candidates in dealings with governmental agencies, public associations, and electoral commissions.

2. Candidates shall select their proxies at their own discretion, and shall inform the relevant electoral commission of such selection for registration purposes.

3. Upon registration of a proxy, the electoral commission shall issue him an appropriate identification document.

4. A proxy may not be a member of any electoral commission.

5. Proxies shall act within the powers conferred upon them by the candidates.

6. Proxies shall forfeit their status upon completion of the election campaign, or at their own initiative, or by decision of the candidate.

Article 32. Cessation of campaigning

1. Campaigning shall be prohibited on the eve of or on election day.

2. Printed campaign materials already posted off the premises of electoral commissions and polling stations may remain in place.

Chapter 6

Election Funding

1. Elections of the President, Members of Parliament except members of the Majilis of Parliament elected on the basis of party slates, members of maslikhats, and members of local self-government bodies shall be funded from the national budget.

2. National budgetary funds may be used to cover:

1) Organization and activities of electoral commissions;

2) Candidates’ addresses in the state-run media in accordance with Article 28, paragraph 3 hereof, except candidates running on party slates;

3) The holding of candidates’ public campaign events and the publishing of campaign materials done in accordance with Article 28, paragraphs 4 and 5 hereof, except candidates running on party slates;

4) Candidate transportation expenses in amounts as determined by the Central Electoral commission, except candidates running on party slates;

3. Election funding in the Republic by international organizations and international public associations, foreign governmental agencies, foreign citizens or legal entities or persons without citizenship, or their participation in election financing in the Republic by any means whatsoever, direct or indirect, shall be prohibited.

Article 34. Private sector election funding

1. Campaigns for the offices of President and Members of the Majilis of Parliament may be funded from the candidates’ election funds, formed in the manner established in this Constitutional Law.

2. Candidates’ campaign funds shall be subject to state registration in the manner established by law.

3. Candidates’ campaign funds shall be formed from the following sources:

1) The personal money of candidates running in electoral districts; money from political parties;

2) Money allocated to a candidate by the public interest groups which nominated him for office;

3) Voluntary donations by citizens and organizations of the Republic. Voluntary donations by governmental agencies or state organizations, bodies of local self-government, charitable organizations, religious associations, or legal entities registered in Kazakstan with foreign equity participation shall be prohibited.

4. Only lawfully received money may be contributed to candidates’ campaign funds. The total amount of money contributed to a candidate’s fund shall be published in the media.

5. The maximum amount of money which may be contributed to a candidate’s campaign fund from the aforementioned sources shall be established by the Special Section hereof. Money contributed in excess of the established maximum shall not be deposited into campaign funds and shall be refunded to the contributing individuals or organizations. Any costs associated with such refund shall be borne by the contributing individuals or organizations. Anonymous donations shall be remitted to the Republic budget.

6. The money which comprises a candidate’s campaign fund shall be deposited to a special temporary account opened at the banking institutions of the relevant electoral commission after registration of the candidate or party slate. Such account shall neither earn nor pay interest. The right to dispose of the money in a campaign fund for the purposes enumerated herein shall belong exclusively to the candidates and political parties which have nominated a party slate. Banking institutions shall inform the relevant electoral commission of any funds deposited to the special account within three days of the deposit and shall provide information to the electoral commission on the expenditure of such finds within three days of a request for such information. The procedure for expenditure of money from a campaign fund shall be determined by the Central Electoral Commission.

7. In the event that a candidate withdraws his candidacy, a political party withdraws a slate or the nomination of a candidate or slate, or the registration of a candidate or slate is canceled, any money contributed to the campaign fund shall be immediately refunded to the contributing individuals or organizations. Any costs associated with such refund shall be borne by the contributing individuals or organizations.

8. All transactions in a candidate’s special temporary account shall cease on the eve of election day.

9. Within five days after the results of the election are determined, a candidate or political party must provide the relevant electoral commission with a report on the expenditure of money from the campaign fund. Two-thirds of any unspent balance remaining in the campaign fund shall be remitted to the Republic budget, and one-third shall be refunded to the candidate.

10. A candidate’s or political party’s breach of the rules set forth in this Article or of the procedure for expenditure of campaign fund money as established by the Central Electoral Commission shall be cause for cancellation of the candidate’s or slate’s registration, or invalidation of the election in the relevant territory, district, or precinct within two weeks after the elections are held.

Article 35. Funding of campaign events by electoral commissions

1. Election events during elections of the President and Members of the Republic Parliament shall be funded by the Central Electoral Commission or by the relevant territorial electoral commission in elections of members of the maslikhats and members of local self-government bodies.

2. The chairmen of the electoral commissions shall dispose of money and be responsible for the compliance of financial documents with the funding decisions of the electoral commissions.

Article 36. Oversight over expenditure of money allocated for election campaigns

1. An Accounting Commission for Oversight over Compliance by Electoral Commissions with the National Budget shall oversee candidates’ expenditure of national budgetary money allocated for election campaigns.

2. The relevant electoral commissions and banking institutions shall oversee the expenditure of money from candidates’ campaign funds.

3. At the recommendation of the relevant electoral commissions, other governmental agencies may be engaged in such oversight within the scope of their authority.

Chapter 7

Voting Procedure

1. Voter ballots shall include all registered candidates with their full names in alphabetical order in the official state language. Voter ballots for voting for political parties shall include the names of the political parties in the order determined by lottery. The lottery shall be held by the Central Electoral Commission. The Central Electoral Commission shall determine the procedure for conducting the lottery.

2. Voter ballots shall be printed in the Kazak and Russian languages, as well as the language of majority populations concentrated within a particular district.

3. Voter ballots shall be delivered to the precinct electoral commissions seven days prior to the elections.

4. For elections of members of local self-government bodies, the relevant territorial electoral commissions shall deliver voter ballots to the precinct electoral commissions three days prior to the elections.

5. The premises where voter ballots are stored shall be sealed and turned over to the internal affairs authorities for guarding.

Article 38. Time and place of voting

1. Voting in elections of the President, Members of the Majilis of Parliament, members of maslikhats, and members of local self-government bodies shall be conducted on election day from 7:00 a.m. to 8:00 p.m. local time. The territorial or district electoral commissions shall be entitled to establish different voting start and end times on recommendation of the relevant akim or the precinct electoral commissions. Voting may never start before 6:00 a.m. nor end later than 10:00 p.m. Any decision of the territorial or district commissions changing the voting start or end times must be adopted and promulgated to the voters no later than seven days before the day on which voting will take place.

2. The precinct electoral commissions shall inform voters of the time and place of voting at least ten days before the voting, or for elections of members of local self-government bodies, no later than five days before voting.

3. In electoral precincts established on ships sailing under the flag of the Republic of Kazakstan and underway on election day, in military garrisons, in remote and inaccessible locations, on cattle ranges, at rest resorts, in sanitariums, in inpatient medical care facilities, in correctional facilities and detention facilities, and at the representations of the Republic of Kazakstan in foreign countries, the precinct electoral commission may declare voting closed at any time, provided that all voters on the voter roster have voted. A listing of such precincts shall be approved by the relevant electoral commission at least seven days before elections, or for elections of members of local self-government bodies, at least three days before elections.

4. Voting in senatorial elections shall be completed within one day. The time of such voting shall be determined by the territorial electoral commission.

Article 39. Polling stations

1. Voting in elections of the President, Members of Parliament, members of the maslikhats, and members of local self government bodies must be held at premises specially reserved for that purpose, which must be equipped with an adequate number of secret voting booths, have defined ballot issuance points, and be equipped with ballot boxes situated in such a manner that the voter must pass through the secret voting booth or room in order to reach them and positioned so that election observers and commission members are able to watch them.

2. Persons located at the polling stations must strictly obey the rules established by the electoral commission. The chairman of the electoral commission shall be responsible for keeping order and shall have the right to evict any person violating the provisions of this Constitutional Law or impeding the voting process.

3. The internal affairs authorities shall be charged with enforcement of order at the polling stations.

Article 40. Opening of voting

1. On the date of voting in elections of the President, Members of Parliament, members of the maslikhats, and members of local self government bodies, the precinct electoral commissions must begin the process of opening their precincts for voting one hour before voting starts.

2. On the date of voting in senatorial elections, the territorial electoral commissions must begin the process of opening the places for elector voting one hour before voting starts.

3. The following may be present at the opening of an election precinct or place for elector voting: a candidate’s proxy; one journalist representing each of the media holding an identification document and officially assigned to cover the election; one representative from each national public interest group; and observers from foreign countries or international organizations accredited by the relevant electoral commission. The powers of representatives and observers shall be certified in the manner established by the Central Electoral Commission. Representatives and observers shall not be allowed to interfere in the work of the electoral commissions.

4. The chairman of the relevant precinct or territorial electoral commission shall:

1) In the presence of the members of the commission, inspect the ballot boxes to verify whether they contain any ballots and that they have not been tampered with, and seal them with lead seals or by other means;

2) Identify the members of the electoral commission who shall be responsible for issuing voter ballots.

Article 41. Organization of voting

1. Each voter or elector shall vote in person.

2. Transfer of the voting right or voting in another person’s stead shall not be allowed.

3. Voter ballots must be issued to the voters or electors on the basis of the voter or elector rosters, upon presentation of a personal identity document.

4. The voters or electors shall sign the appropriate roster to indicate receipt of a ballot.

5. The commission member issuing ballots shall sign the ballot and the receipt sheet next to the surname of the voter or elector receiving the ballot.

6. In the event that certain voters are unable to appear for voting due to illness or other reasons, at the request of such voter the electoral commission must arrange for voting at the location of such voters. Any oral request for the opportunity to vote outside the polling station must be confirmed in writing by the requesting voter upon arrival of the members of the precinct electoral commission. The representatives and observers indicated hereinabove shall have the right to be present at voting held outside the polling station.

7. In the event that a voter relocates during the interval between the date when voter rosters are made available for public examination and election day, the precinct electoral commission shall issue the voter a certificate of the right to vote at the voter’s request and upon presentation of a personal identity document. The appropriate annotation shall be made in the voter roster. Upon presentation of the certificate so issued, the precinct electoral commission at the voter’s new location shall enter the voter onto a supplemental voter roster at the election precinct premises on the day of voting.

8. In the event that, within seven days before an election of the President, Members of the Majilis of Parliament, or members of the maslikhats, or within three days before an election of members of local self-government bodies, a voter learns that he will be unable to appear at the polling station on election day, he shall have the right to receive an advance ballot from the precinct electoral commission. The voter shall sign the voter roster to indicate receipt of the advance ballot. After completing the ballot, the voter shall place it into an envelope which shall be sealed with either the seal of the electoral commission or witnessed by the signatures of electoral commission members. The envelope shall then be turned over to the electoral commission. The sealed envelope shall be kept at the premises of the precinct electoral commission until the day of voting, on which day the commission chairman shall drop it into a ballot box in the presence of other commission members prior to the start of general voting. At that time any such envelopes shall be examined for evidence of tampering and to verify that the seals or signatures are in place and that the number of such envelopes coincides with that indicated on the voter roster.

9. Any voting pursuant to paragraphs 6, 7, and 8 above must be organized in such a way as to preclude any violation of citizens’ electoral rights, breach of voting secrecy, or perversion of the will of the voter.

Article 42. Conduct of voting

1. Voter ballots shall be completed by voters in a booth or room for secret voting. The presence of any person besides the voter himself shall be prohibited while he completes his ballot. A voter or elector who is unable to complete a ballot himself shall be entitled to assistance from a person so entrusted by the voter or elector, and the surname of such person shall be entered into the voter roster next to the voter’s or elector’s signature for receipt of a ballot. Such entrusted person may not be:

1) A member of an electoral commission;

2) An official of any local governmental body or authority;

3) A candidate’s proxy;

4) A journalist representing the media;

5) An observer from a national public interest group or from a foreign country or international organization accredited to the relevant electoral commission.

2. The voter or elector shall make any mark in the box to the right of the name of the candidate for whom he is voting or in the box to the right of the phrase "I am voting against all candidates."

On a ballet with the names of political parties, the voter shall make any market in the empty box to the right of the name of the political party for which he is voting or in the box to the right of the phrase "I am voting against all political parties. "

3. In elections of members of local self-government bodies, the voter shall make a mark in the box to the right of the names of the candidates for whom he is voting or in the box to the right of the phrase "I am voting against all candidates. "

4. The voter or elector shall drop his completed ballot into a ballot box.

5. The following may be present at the opening of an election precinct or place of elector voting: one proxy of each candidate; one journalist representing each of the media, holding an identification document and officially assigned to cover the election; one observer from each national public interest, and one observer from each foreign country or international organization accredited to the relevant electoral commission. The powers of representatives and observers shall be certified in the manner established by the Central Electoral Commission. Representatives and observers shall not be allowed to interfere in the work of the electoral commissions.

Chapter 8

Determining the Results of Voting

1. In elections of the President, Members of Parliament, members of the maslikhats, and members of local self government bodies, tabulation of votes shall begin at all election precincts at 8:00 p.m. local time, unless the voting time has been changed at a particular precinct in the manner established by this Constitutional Law. In the latter case, tabulation shall begin at the close of voting.

2. In senatorial elections, tabulation of votes shall begin immediately upon the close of voting.

3. Votes shall be tabulated separately for each candidate and each political party. Ballot boxes shall be opened by each electoral commission after the commission chairman has declared the voting closed. Opening of ballot boxes prior to the close of voting shall be prohibited.

3. The following may be present at the opening of an election precinct or place for elector voting: a candidate’s proxy; one journalist representing each of the media holding an identification document and officially assigned to cover the election; one representative from each national public interest group; and observers from foreign countries or international organizations accredited by the relevant electoral commission. The powers of representatives and observers shall be certified in the manner established by the Central Electoral Commission. Representatives and observers shall not be allowed to interfere in the work of the electoral commissions.

4. Prior to opening the ballot boxes, all unused ballots shall be counted and canceled by the electoral commission. The electoral commission shall determine:

1) The total number of voters or electors at the precinct or place for elector voting;

2) The number of voters or electors who have received ballots;

3) The total number of voters or electors who have participated in the voting;

4) The number of votes cast for each candidate or for each political party;

5) The number of ballots deemed invalid;

6) The number of ballots cast against all candidates and political parties.

5. The following ballots shall be deemed invalid:

1) non-standard-format ballots;

2) ballots lacking the signature of a member of the relevant electoral commission;

3) ballots in which more than one candidate’s or political party’s name is marked, except in elections of members of local self-government bodies;

4) ballots from which it is impossible to determine the will of the voter.

6. Deleted by Constitutional Law of the Republic of Kazakstan No. 375-I (ZRK) dated May 6, 1998.

7. Any disputes which might arise with respect to the validity of ballots shall be resolved by two-thirds majority vote of all members of the electoral commission.

8. The results of tabulation of votes shall be examined by the electoral commission and recorded in protocols which shall be signed by the chairman and members of the electoral commission. In the event that the chairman of the electoral commission is absent, the deputy chairman or secretary of the electoral commission shall sign in his stead.

9. In the event that a superior electoral commission discovers errors or discrepancies in the protocols compiled by the precinct electoral commissions (or, in the case of senatorial elections, by the territorial electoral commissions) or in the event of any doubt as to the accuracy of vote tabulation, the discovering commission shall be entitled to render a decision to re-tabulate the votes of the voters or electors of the precinct or territorial electoral commission, as the case may be. Votes shall be re-tabulated in the presence of a member of the superior electoral commission.

Article 44. Determination and promulgation of election results.

1. The results of elections of the President and Members of Parliament shall be determined by the Central Electoral Commission.

2. The results of elections of members of maslikhats and members of local self-government bodies shall be determined by the territorial electoral commissions.

3. Election results shall be recorded in a protocol to be signed by the chairman and members of the electoral commission. In the event that the chairman of the electoral commission is absent, the deputy chairman or secretary of the electoral commission shall sign in his stead.

4. Announcements of election results shall be made as follows:

1) For elections of the President and Members of Parliament, by the Central Electoral Commission in the media within ten days after the elections were held;

2) For elections of members of maslikhats, by the relevant territorial electoral commission in the local media within seven days after the elections were held;

3) For elections of members of local self-government bodies, by the relevant territorial electoral commission in the local media within four days after the elections were held.

5. The announcements of election results shall contain the following information: the total number of individuals included on the voter or elector roster; the number of voters or electors who participated in voting; the number of votes cast for each candidate and political party; the number of invalid ballots; the number of ballots in which voters voted against all candidates and political parties; the full name, year of birth, position (employment) and place of residence of the newly-elected President, Members of Parliament, members of maslikhats, and members of local self-government bodies; and, if the candidate so desires, information on the candidate’s affiliation with a political party or other public interest group and his nationality.

Article 45. Registration of the President, Members of Parliament, members of maslikhats, and members of local self-government bodies

The relevant electoral commissions shall register the newly-elected President, Members of Parliament, members of maslikhats, and members of local self-government bodies in the manner established by this Constitutional Law within seven days after the newly-elected officials shall have provided a written affidavit certifying that they have relinquished duties which. pursuant to the Constitution and laws of the Republic, are incompatible with the status of the President, a Member of Parliament, member of a maslikhat or member of a local self-government body.

Article 46. Identification document and badge of the President, Member of Parliament, member of maslikhat, and member of local self-government body

1. The Central Electoral Commission shall issue the appropriate identification document and badge to the President of the Republic upon his accession to office. The identification document and badge shall be of a standard form approved by the Central Electoral Commission.

2. The Central Electoral Commission shall issue standard identification documents and badges to each newly-elected Member of the Parliament of the Republic upon publication of the relevant election results in the media.

3. Upon publication in the media of the list of newly elected officials to such posts, the relevant territorial electoral commission shall issue to:

1) Each new member of the maslikhats -- an identification document and badge of a standard form approved by the Central Electoral !ommission;

2) Each new member of local self-government bodies -- an identification document of a standard form approved by the Central Electoral commission.

Chapter 9

Guarantees of Freedom of Elections

Article 47. Guarantees of candidates’ activity during election campaigns.

1. From the date of their registration as candidates until the date of publication of election results, candidates to the offices of President, Member of Parliament, and member of maslikhat shall be relieved of employment duties, military duty, or military conscription. The time spent by a candidate in running for office shall be counted toward his seniority in the profession in which he had been working up to the date of his registration as a candidate.

Candidates to the office of President, Member of Parliament except candidates running on party slates and member of a maslikhat shall be reimbursed the average wage for their expenses during this period from national budgetary funds allocated for elections.

2. From the date of their registration as candidates until the date of publication of election results, candidates to the offices of President, Member of Parliament, member of maslikhat, and member of local self-government body cannot be dismissed from their employment or transferred to a different job or position without their consent, nor sent on official or business travel or called up for active military service.

3. From the date of their registration as candidates until the date of publication of election results, candidates to the offices of President or Member of Parliament may not be arrested, taken into custody, subjected to administrative penalties imposed by judicial procedure or legal action, or detained without the consent of the Central Electoral Commission or the relevant territorial electoral commission, as applicable, except in cases of detention at the scene of a crime or commission of grave offenses.

Article 48. Activity of governmental agencies in ensuring freedom of elections

1. The day of voting and the eve thereof shall be working days for courts of law, prosecutor’s offices, and internal affairs authorities, as well as for housing fund operating organizations.

2. The internal affairs authorities and housing fund operating organizations respectively shall render assistance requested by the electoral commissions in the following areas:

1) Enforcement of the public order and freedom of elections while voting is being held;

2) Verification of voter rosters;

3) Other matters pertaining to the electoral commission’s activity which might arise on the day of voting.

Article 49. Statute of limitations for appeals to decisions and actions during an election campaign.

The courts and prosecutor’s offices must accept petitions filed during preparations for and holding of elections by electoral commission members, private citizens, or representatives of duly-registered public interest groups, regarding matters of holding of voting, including violations of election law. Such petitions must be considered within five days, or immediately for petitions filed within five days before the date of voting.

Article 50. Liability for violation of election law

1. Any person who by force, fraud, coercion, graft, or by any other means obstructs a citizen’s free exercise of his right to vote or to campaign; deliberately disseminates false information about a candidate, or commits other acts which disparage the honor or dignity of a candidate; campaigns on election day or the eve thereof; interferes in the work of the electoral commissions and impedes voting or the performance of duties related to registration of a candidate or party slates or to vote tabulation or determination of election results; or impedes the lawful activity of candidates’ proxies or representatives and observers at the elections, shall be liable as established by law.

2. Any member of an electoral commission, official of a governmental agency or organization, local self-government body, or member of a public interest group who falsifies election documents, deliberately mis-tabulates votes, violates the secrecy of voting, or otherwise allows or commits any violation of this Constitutional Law shall be held liable.

3. In the event that any candidate breaches the requirements of this Constitutional Law, he shall be warned, and in the event of any repeat offense the decision to register him as a candidate shall be rescinded by the relevant electoral commission.

II. SPECIAL SECTION

Chapter 10

Elections of the President of the Republic of Kazakstan

Regular elections of the President of the Republic shall be held once every seven years on the first Sunday of December, and may not be held concurrently with elections of a new Parliament.

Article 52. Extraordinary elections of the President of the Republic

Deleted by Constitutional Law of the Republic of Kazakstan No. 285-I (ZRK) dated May 6, 1998.

Article 53. Announcement and setting of elections of the President of the Republic

1. Regular elections of the President of the Republic shall be announced by the Majilis of Parliament not later than the first Sunday of August.

2. Deleted by Constitutional Law of the Republic of Kazakstan No. 285-I (ZRK) dated May 6, 1998.

3. No person may be elected to the office of President for more than two consecutive terms.

Article 54. Eligibility for candidacy to the office of President of the Republic

1. In order to be elected to the office of President, a citizen must satisfy the requirements set forth by Article 41 paragraph 2 of the Constitution, must not be a devotee of any cult and must have positive suffrage pursuant to Article 33 paragraph 2 of the Constitution and this Constitutional Law.

2. The Central Electoral commission shall determine a presidential candidate’s compliance with the requirements placed upon him by the Constitution and this Constitutional Law. Such determination shall be made within five days from the date of the filing of a citizen’s petition for self-nomination, or of an extract from the minutes of a meeting of the supreme body of a national public interest group which nominated the candidate, together with the candidate’s written affirmation of his consent to run for office. The procedure for determining a candidate’s abilities in the state language shall be defined by resolution of the Central Electoral Commission in accordance with an act of the Constitutional Council of the Republic on the official interpretation of Article 41 paragraph 2 of the Constitution.

3. Any violation of the requirements of this Article shall result in the invalidation of the presidential election.

Article 55. Nomination of candidates to the office of President of the Republic.

1. The right to nominate candidates to the office of President shall belong to duly registered public interest groups of the Republic or private citizens, by self nomination.

2. Nominations of presidential candidates shall commence three months prior to elections and cease two months prior to elections.

3. Presidential candidates shall be nominated by national public interest groups acting through their supreme bodies. A public interest group shall be entitled to nominate persons who are not members of such public interest group. A public interest group shall be entitled to nominate only one presidential candidate. The decision to nominate a presidential candidate shall be made by majority vote of all members of the supreme body of the public interest group, and shall be documented by an extract from minutes of the meeting of such body. Within three days after it is made the decision of the supreme body of the public interest group shall be:

1) Promulgated to the presidential candidate;

2) Filed with the Central Electoral commission together with the candidate’s written affirmation of his consent to run for office.

4. A presidential candidate shall nominate himself by filing the appropriate petition with the Central Electoral Commission.

5. In the event that, prior to their registration, all nominated candidates have withdrawn their candidacies or been disqualified, the Central Electoral Commission shall extend the nomination period by a maximum of twenty days.

Article 56. Collection of signatures in support of a candidate to the office of President of the Republic of Kazakstan

1. Voter support of a presidential candidate shall be certified by the collection of their signatures.

2. A presidential candidate must be supported by at least two percent of the total number of voters equally representing at least two-thirds of the oblasts, a city of national significance, and the capital of the Republic.

3. Signatures in support of a presidential candidate shall be collected by action groups established pursuant to this Constitutional Law and shall be documented by signature sheets to be issued by the Central Electoral Commission within five days after verification of the candidate’s compliance with the requirements of the Constitution and this Constitutional Law and on the basis of the nomination documents prescribed in Article 55 paragraphs 3 and 4 above.

4. Each signature sheet must have a serial number and must indicate the full name of the candidate; the personal signature of his proxy; (iii) the full name of the person collecting signatures; the name of the settlement where signatures are being collected; and blanks for the following signatory information:

1) Full name;

2) Number and series of the personal identity document;

3) Day, month and year of birth;

4) Address of permanent or temporary residence;

5) Personal signature.

5. During the collection of signatures, the person collecting the signatures must present a copy of the registration certificate of the candidate’s proxy whose signature appears on the signature sheet.

6. The Central Electoral Commission shall:

1) Approve a standard model signature sheet;

2) Furnish each presidential candidate with an adequate supply of signature sheets.

7. Completed signature sheets in support of presidential candidates shall be submitted to the territorial electoral commission, which must within ten days verify the authenticity of the signatures contained therein, involving members of the passport services if necessary; draft the relevant protocol, and forward such protocol to the Central Electoral Commission.

8. In the event that the verification of signatures reveals that more than two percent of the collected signatures are not authentic, the presidential candidate shall be denied registration.

Article 57. Proxies of candidates to the office of President of the Republic

Presidential candidates may each have up to twenty-five proxies.

Article 58. Size of campaign fund for candidates to the office of President of the Republic

A candidate’s campaign fund shall consist of:

1) His own money, in a total not to exceed three thousand times the statutory minimum monthly wage;

2) Money allocated to him by the national public interest group which nominated him, in a total not to exceed five thousand times the statutory minimum monthly wage;

3) Voluntary contributions from private citizens and organizations of the Republic, in a total not to exceed ten thousand times the statutory minimum monthly wage.

Article 59. Registration of candidates to the office of President of the Republic

1. The Central Electoral Commission shall register presidential candidates.

2. Prior to his registration, and after verification of his compliance with the requirements set forth by the Constitution and this Constitutional Law and of the signatures collected in his support, a presidential candidate shall pay to the account of the Central Electoral commission, from his own money, an election deposit in the amount of one hundred times the statutory minimum monthly wage. This deposit shall be refunded to a candidate if, on the basis of the results of the election, the candidate was elected President of the Republic or if, on the basis of the result of voting, the candidate garnered at least seven percent of the votes of voters who participated in the voting. In all other cases, the deposit shall not be refunded and shall be remitted to the national budget.

3. Any number of presidential candidates shall be eligible for registration.

4. Registration of presidential candidates shall commence two months before election day, and shall cease forty days prior to election day, unless otherwise established at the time elections are set.

5. Presidential candidates nominated by public interest groups shall be registered subject to submission of the following documents:

1) An extract from the minutes of the meeting of the supreme body of a public interest group whereat the presidential candidate was nominated, attached to which shall be a copy of the registration of said public interest group with the Republic Ministry of Justice;

2) A written affirmation of the candidate’s consent to run for the office of President;

3) Protocols from the territorial electoral commissions certifying the results of verification of citizens’ signatures in support of the candidate;

4) Background information on the candidate;

4-1) A medical certificate of mental health;

5) A document evidencing the candidate’s payment of the election deposit.

6. Self-nominated presidential candidates shall be registered subject to submission of the following documents:

1) A candidate’s letter of intent to run for the office of President;

2) A protocol from the territorial electoral commission certifying the results of the verification of citizens’ signatures in support of the candidate;

3) Background information on the candidate;

3-1) A medical certificate of mental health;

4) A document evidencing the candidate’s payment of the election deposit.

7. The Central Electoral commission shall:

1) Not later than the seventh day after registration of a presidential candidate, publish in the media an announcement of the candidate’s registration, including the full name, year of birth, position (occupation) and place of employment of the candidate, and, if the candidate so desires, information on the candidate’s affiliation with any public interest group, and his nationality.

2) Issue the appropriate identification documents to a candidate upon his registration;

3) In the event of any violation of the requirements set forth by the Constitution or this Constitutional Law, or in other cases envisaged by this Constitutional Law, refuse to register or rescind the registration of a candidate.

8. Any refusal by the Central Electoral Commission to register or the rescission of a candidate’s registration may be appealed to the Supreme Court within ten days by the candidate himself or by the public interest group which nominated him. The Supreme Court shall consider such appeal within ten days from the date of its filing. The decision of the Supreme Court on this matter shall be final.

Article 60. Withdrawal of candidacy, rescission of a nomination

1. A presidential candidate may withdraw his candidacy at any time prior to or after his registration, but not later than seven days before voting. Such withdrawal shall be effected by written petition to the Central Electoral Commission.

2. The supreme body of a public interest group may rescind its decision to nominate a presidential candidate at any time prior to or after his registration, but not later than seven days before voting. Such rescission shall be effected by written application to the Central Electoral Commission.

3. In the foregoing events, the Central Electoral Commission shall not register the candidate or shall rescind the candidate’s registration, as the case may be.

4. In the event that a candidacy is withdrawn or his nominate is rescinded without justifiable necessity, the Central Electoral Commission shall be entitled to seek from the candidate or the nominating public interest group, as the case may be, reimbursement of part of the national budgetary funds spent on his election campaign.

Article 61. Nomination of candidates to the office of President of the Republic to replace candidates withdrawn after close of registration

1. In the event that all presidential candidates withdraw or are disqualified after the registration period has ended, the Central Electoral Commission shall by resolution postpone the elections, but by no more than two months.

2. In such an event, presidential candidates shall be nominated in accordance with the rules set forth by this Constitutional Law.

Article 62. Tabulation of votes in elections of the President of the Republic

1. The results of vote tabulation in presidential elections shall be determined at a meeting of the territorial electoral commission, and shall be entered into a protocol, which shall be signed by the chairman and members of the commission and forwarded to the Central Electoral Commission within two days.

2. Other matters related to determination of the results of vote tabulation shall be resolved in accordance with the rules set forth in the General Section of this Constitutional Law.

Article 63. Repeat voting

1. In the event that more than two presidential candidates were included onto the voter ballot and none of them was elected, the Central Electoral Commission shall set repeat voting in the presidential elections in order to elect one of the two candidates who garnered the largest vote. If in the first round of voting in presidential elections only one candidate remains on the ballot due to the withdrawal or disqualification of all other candidates, repeat voting shall be held on such remaining candidacy.

2. Repeat voting shall be held within two months, in compliance with the requirements of this Constitutional Law. The holding of repeat voting shall be announced in the media.

3. Deleted by Constitutional Law of the Republic of Kazakstan No. 285-I (ZRK) dated November 6, 1998.

Article 64. Repeat elections

1. The Central Electoral Commission shall set repeat presidential elections in the event that: a candidate runs unopposed in a presidential election and he fails to be elected; if the presidential elections are deemed invalid; or if repeat voting fails to yield a President-elect. Any presidential candidates who have previously run shall not participate in a repeat election.

2. Repeat elections shall be held within two months from the date of the original elections. Voting shall be held at the same electoral precincts as the original elections and on the basis of the voter rosters compiled for the original elections.

3. Electoral commissions shall be established, presidential candidates shall be nominated and registered, and other election events shall be held in the manner established by this Constitutional Law. The periods for election events shall be abbreviated as determined by the Central Electoral Commission.

4. The holding of repeat elections shall be announced in the media.

Article 65. Determination and publication of the results of presidential elections

1. The Central Electoral Commission shall determine the results of presidential elections on the basis of the protocols from the territorial electoral commissions within seven days after the elections are held and shall adapt the appropriate resolution.

2. The President-elect shall be the candidate who:

1) Garnered more than fifty percent of the vote of voters participating in first-round voting; or

2) Garnered the greatest vote among candidates running in repeat voting; or

3) Garnered more than fifty percent of the vote of voters participating in repeat voting if he ran unopposed.

3. Other matters related to the determination and publication of presidential election results shall be resolved in the manner envisaged in the General Section of this Constitutional Law.

Article 66. Registration of the President-elect

1. The Central Electoral Commission shall register the President-elect of the Republic within seven days after the day of elections on the basis of protocols filed by the territorial electoral commissions.

2. The Central Electoral Commission may refuse registration to a President-elect on the basis of recommendations of the relevant electoral commissions or petitions from private citizens, provided that one of the following criteria is met in at least one-fourth of all precincts or geopolitical subdivisions:

1) The elections were deemed invalid; or

2) Violations of this Constitutional Law took place in the course of voting, vote tabulation, or determination of the results of voting.

3. Any decision adopted by the Central Electoral Commission in the manner set forth in paragraph 2 above may be appealed to the Supreme Court within ten days by the President-elect. The Supreme Court must render a final decision on such matter within ten days after the appeal is filed.

Article 67. Holding of extraordinary presidential elections

Deleted by Constitutional Law of the Republic of Kazakstan No. 285-I (ZRK) dated November 6, 1998.

Article 68. Constitutional Council review of presidential elections

1. By petition of the President of the Republic, or the chairmen of the Chambers of Parliament, or at least one-fifth of all Members of Parliament, or the Prime Minister, the Constitutional Council shall consider any dispute arising with respect to the correctness of the manner in which elections of the President of the Republic were held. In such a case, determination of the results of such elections shall be suspended while such petition is under consideration.

2. In the event that any dispute arises with respect to the correctness of the manner in which elections of the President of the Republic were held, the Central Electoral Commission shall turn over to the Constitutional Council any materials related to the preparation for and holding of such elections.

3. In the event that the Constitutional Council deems that the presidential elections contravened the Constitution in those precincts or geopolitical subdivisions where breaches of the Constitution took place, the Central Electoral Commission shall render a decision invalidating the elections at such precincts or geopolitical subdivisions, and setting new elections within two months at the precincts or geopolitical subdivisions where elections were deemed invalid.

Chapter 11

Elections of Senators of the Parliament of the Republic

Article 69. Setting senatorial elections

1. The following shall serve as grounds for setting elections of Senators:

1) For regular elections, the expiration of the senatorial term of office as defined by the Constitution;

2) For extraordinary elections, the early termination of powers of Parliament or the creation of a territorial subdivision without representation in the Senate;

3) For elections to fill vacancies in the Senate, the early termination of a Senator’s powers, forfeiture of his mandate, or his death.

2. In the event indicated in paragraph 1.1) above, elections shall be set by the President of the Republic not later than four months before the expiration of the senatorial term of office as defined by the Constitution, and shall be held not later than two months before such expiration;

3. In the event indicated in paragraph 1.2) above, elections shall be set by the President of the Republic concurrently with his adoption of a decision mandating early termination of the powers of Parliament, and shall be held within two months from the date of early termination of the powers of Parliament.

4. In the events indicated in paragraph 1.3) above, elections to fill vacancies in the Senate shall be set by the Central Electoral Commission within two months after the early termination of a Senator’s powers, forfeiture of his mandate, or his death.

5. Senatorial elections shall be set taking into account the requirements of Article 41 paragraph 3 of the Constitution and may not be concurrent with elections of Members of the Majilis.

Article 70. Eligibility of senatorial candidates

In order to be elected to the office of Senator, a citizen must satisfy the requirements set forth by Article 51 paragraph 4 of the Constitution and have positive suffrage pursuant to Article 33 paragraph 2 of the Constitution and this Constitutional Law.

Article 71. Nomination of senatorial candidates

1. Nomination of candidates to the office of Senator shall commence on the day immediately following the date when elections are set, and shall cease one month before elections are held.

2. Senatorial candidates shall be nominated in one of the following ways:

1) At sessions of the maslikhats of oblasts, municipal (cities of national significance, the capital of the Republic), regions and municipalities. Several maslikhats may jointly nominate a single candidate;

2) By self-nomination.

3. The following may be nominated as a Senatorial candidate: a citizen residing within the relevant oblast, city of national significance, or the capital of the Republic.

4. A decision to nominate a candidate to the office of Senator shall be made by majority vote of all members of the relevant maslikhat. Within three days after its adoption, such decision must be:

1) promulgated to the nominee;

2) forwarded to the electoral commission of the relevant oblast, city of national significance, or the capital of the Republic with the candidate’s written affirmation of his consent to run for office.

5. Private citizens shall nominate themselves as senatorial candidates by filing a written letter of intent to run for the office of Senator in a given geopolitical subdivision with the relevant territorial electoral commission.

6. On the basis of the candidacy documents indicated in Paragraphs 4.2) and 5 above the electoral commission of the oblast, city of national significance, or the capital of the Republic, as the case may be, shall determine within three days whether the candidate satisfies the requirements of the constitution and by this Constitutional Law. Within three days after a favorable determination is made, the relevant electoral commission shall issue the candidate signature sheets for collecting elector signatures.

7. In the event that no candidate is nominated or all nominated candidates withdraw their candidacies or are disqualified prior to their registration, the Central Electoral Commission shall, on recommendation of the relevant territorial electoral commission, extend the nomination period by a maximum of twenty days.

Article 72. Collection of signatures in support of senatorial candidates

1. A senatorial candidate must be supported by at least ten percent of the total number of electors representing, as appropriate, all the maslikhats of his oblast, or the maslikhat of his city of national significance, or the maslikhat of the capital of the Republic.

2. Elector support shall be certified by collection of elector signatures. Each elector shall have the right to cast his vote in favor of only one senatorial candidate. After the candidate’s registration, a signature [of support] may be rescinded only on the basis of a court ruling.

3. Signatures in support of a senatorial candidate shall be collected by action groups established in accordance with this Constitutional Law and shall be documented by signature sheets to be issued by the electoral commission of the oblast, city of national significance, or the capital of the Republic, as the case may be.

4. Each signature sheet must have a serial number and must indicate the full name of the candidate; the full name of the person collecting signatures; the candidate’s personal signature; and blanks for the following signatory information:

1) Full name;

2) The maslikhat of which the signatory is a member;

3) Day, month and year of birth;

4) Residence address;

5) Personal signature.

5. The Central Electoral Commission shall approve a standard model signature sheet.

6. Completed signature sheets in support of senatorial candidates shall be submitted to the electoral commission of the oblast, city of national significance, or the capital of the Republic, as the case may be. The electoral commission shall verify the authenticity of the collected signatures within five days, involving members of the passport services as necessary, and draft a relevant protocol.

7. In the event that the verification of signatures reveals that more than one percent of the collected signatures are not authentic, the senatorial candidate shall be denied registration.

Article 73. Registration of senatorial candidates

1. Senatorial candidates shall be registered by the appropriate electoral commission of the oblast, city of national significance, or the capital of the Republic.

2. Prior to his registration and after verification of his compliance with the requirements set forth by the Constitution and this Constitutional Law and of the signatures collected in his support, a senatorial candidate shall pay to the account of the Central Electoral Commission, from his own money, an election deposit in the amount of twenty-five times the statutory minimum monthly wage. This deposit shall be refunded to the candidate in the event that, on the basis of the results of voting, the candidate garnered at least seven percent of the votes of electors participating in the voting. In all other cases, the deposit shall be non-refundable and shall be remitted to the Republic budget.

3. Registration of senatorial candidates shall commence not later than forty days prior to election day, and shall cease not later than twenty days prior to election day, unless otherwise established at the time elections are set.

4. Senatorial candidates nominated by maslikhats shall be registered subject to submission of the following documents:

1) The decision of the oblast, city, or regional maslikhat nominating the candidate;

2) A written affirmation of the candidate’s consent to run for the office of Senator;

3) A protocol from the electoral commission of the oblast, city of national significance, or the capital of the Republic, as the case may be, certifying the results of verification of electors’ signatures in support of the candidate;

4) Background information on the candidate;

4-1) A medical certificate of mental health;

5) A document evidencing the candidate’s payment of the election deposit.

5. Self-nominated senatorial candidates shall be registered subject to submission of the following documents:

1) A citizen’s letter of intent to run for the office of Senator;

2) A protocol from the electoral commission of the oblast, city of national significance, or the capital of the Republic, as the case may be, certifying the results of verification of electors’ signatures in support of the candidate;

3) Background information on the candidate;

3-1) A medical certificate of mental health;

4) A document evidencing the candidate’s payment of the election deposit.

6. The electoral commission of the oblast, city of national significance, or the capital of the Republic, as the case may be, shall:

1) Issue the appropriate identification documents to a candidate upon his registration;

2) Not later than the seventh day after registration of a candidate, publish in the media an announcement of candidate registration with the full name, year of birth, position (occupation) and place of employment and residence of the candidate, and, if the candidate so desires, information on the candidate’s affiliation with any public interest group, and his nationality.

3) In the event of any violation of the requirements set forth by the Constitution or this Constitutional Law, or in other cases envisaged by this Constitutional Law, refuse to register or rescind the registration of a candidate.

7. Any refusal to register or any rescission of a candidate’s registration may be appealed to the Central Electoral Commission or to the court within seven days by the nominating maslikhat or the candidate himself. Such appeal must be considered within seven days from the date of its filing.

Article 74. Withdrawal of candidacy, rescission of the nomination of a senatorial candidate

1. A senatorial candidate may withdraw his candidacy at any time prior to or after his registration, but not later than seven days before the day of voting by sending a written petition to the electoral commission of the oblast, city of national significance, or the capital of the Republic, as the case may be.

2. The maslikhat which nominated a senatorial candidate may rescind its nomination at any time prior to or after the candidate’s registration, but not later than seven days before the day of voting. Such rescission shall be effected by written application to the electoral commission of the oblast, city of national significance, or the capital of the Republic, as appropriate.

3. In the foregoing events, the relevant electoral commission shall not register the candidate or shall rescind the candidate’s registration, as the case may be.

4. In the event that a candidacy is withdrawn or a nomination rescinded without justifiable necessity, the territorial electoral commission shall be entitled to seek from the candidate or the nominating maslikhat, as the case may be, reimbursement of part of the national budgetary funds spent on the affected candidate’s election campaign.

Article 75. Proxies of senatorial candidates

Each senatorial candidate may have up to five proxies.

Article 76. Nomination of senatorial candidates to replace candidates withdrawn after close of registration

1. In the event that all senatorial candidates withdraw or are disqualified after the registration period has ended, the Central Electoral Commission, on recommendation from the electoral commission of the oblast, city of national significance, or the capital of the Republic, as the case may be, shall by resolution postpone the elections, but by no more than two months.

2. In such an event, senatorial candidates shall be nominated in accordance with the rules set forth by this Constitutional Law.

Article 77. Procedure for holding joint meetings of electors for senatorial elections

1. Senatorial elections shall be held at joint meetings of the electors.

2. A joint meeting shall be duly constituted if more than fifty percent of the total number of members of the maslikhats are present from, as the case may be: all maslikhats within an oblast; the maslikhat of a city of national significance; or the maslikhat of the capital of the Republic.

3. Voting in senatorial elections at a joint meeting shall be deemed valid if more than fifty percent of all electors present have participated in the voting.

4. The secretary of the maslikhat of the oblast, city of national significance, or capital of the Republic, as the case may be, shall preside over the joint meeting.

5. The chairman and members of the electoral commission of the oblast, city of national significance, or capital of the Republic, as the case may be, shall be present at the joint meeting.

6. The relevant electoral commission of an oblast, city of national significance, or capital of the Republic shall set up a polling station for the senatorial election. The polling station shall be located in the room where the joint session of electors is held.

7. The minutes of the joint meeting shall serve as documentary certification that a joint meeting for senatorial elections was held. The secretary of the relevant maslikhat shall file such minutes with the electoral commission of the oblast, city of national significance, or capital of the Republic, as the case may be.

8. The joint meeting shall be adjourned after the chairman of the relevant electoral commission of the oblast, city of national significance, or capital of the Republic has announced the results of the senatorial elections.

Article 78. Tabulation of votes in senatorial elections

1. The results of vote tabulation in senatorial elections shall be determined at a meeting of the electoral commission of the oblast, city of national significance, or capital of the Republic, as the case may be. Such meeting shall be held at the polling station.

2. The relevant electoral commission of the oblast, city of national significance, or capital of the Republic shall draft a protocol of vote tabulation for the senatorial elections. Such protocol shall be:

1) Signed by the chairman and members of the electoral commission;

2) Promulgated at the joint meeting of electors;

3) Forwarded to the Central Electoral Commission within two days after the day of the elections.

3. Other matters related to determination of the results of vote tabulation shall be resolved in accordance with the rules set forth in the General Section of this Constitutional Law.

Article 79. Repeat voting in senatorial elections

1. In the event that more than two senatorial candidates were included onto the ballot and none of them is elected, the appropriate electoral commission of the oblast, city of national significance, or capital of the Republic shall set repeat voting in the senatorial elections in order to elect one of the two candidates who garnered the largest vote. If in the first round of voting in senatorial elections only one candidate remains on the ballot due to the withdrawal or disqualification of all other candidates, repeat voting shall be held on such remaining candidacy.

2. Repeat voting shall be held on the same day as the first round of voting, in compliance with the requirements of this Constitutional Law.

3. Deleted by Constitutional Law of the Republic of Kazakstan No. 375-I (ZRK) dated May 6, 1998.

Article 80. Repeat senatorial elections

1. By recommendation of the relevant territorial electoral commission, the Central Electoral Commission shall adopt a decision to set repeat elections in the event that elections are deemed invalid due to insufficient elector attendance, elections are otherwise invalidated, or one or two candidates ran for election and he or they failed to be elected.

2. Repeat elections shall be held within two months after the original elections. Nomination and registration of senatorial candidates, as well as other events which are envisaged during repeat elections, shall be conducted in accordance with the rules set forth in this Constitutional Law. The periods for election events shall be abbreviated as determined by the Central Electoral Commission.

3. The holding of repeat elections shall be announced in the local media.

4. Any senatorial candidates who have previously run shall not participate in the repeat elections.

Article 81. Determination and publication of the results of senatorial elections

1. On the basis of the protocols from the territorial electoral commissions, the Central Electoral Commission shall determine the Republic-wide results of senatorial elections. Such determination shall be made within seven days after the elections are held.

2. The elected candidates shall be those who:

1) Garnered more than fifty percent of the vote of electors participating in first-round voting; or

2) Garnered the greatest vote among candidates running in repeat voting; or

3) Garnered more than fifty percent of the vote of electors participating in repeat voting, if running unopposed.

3. Other matters related to the determination and publication of senatorial election results shall be resolved in the manner envisaged in the General Section of this Constitutional Law.

Article 82. Registration of Senators-elect

1. The Central Electoral Commission shall register the Senators-elect on the basis of protocols filed by the electoral commissions of the oblasts, cities of national significance, and the capital of the Republic.

2. In the event that in the course of voting, vote tabulation, or determination of the results of voting, violations of this Constitutional Law took place, the Central Electoral Commission may invalidate senatorial elections and refuse registration to a Senator-elect on the basis of a recommendation of an electoral commission of an oblast, city of national significance, or the capital of the Republic or petitions from electors. An affected senatorial candidate may appeal a decision so adopted by the Central Electoral Commission on the aforesaid matter to the court, which must render a final decision on such matter within ten days after the appeal is filed.

Article 83. Extraordinary senatorial elections and senatorial elections to fill vacancies

1. Extraordinary senatorial elections and senatorial elections to fill vacancies shall be held in accordance with the rules established by this Constitutional Law for regular senatorial elections. The dates for conducting election events shall be determined by the Central Electoral Commission.

2. In the event that a senatorial seat is vacated less than one year before the expiration of the Senator’s constitutional term of office, no elections shall be held to fill the vacancy.

Article 84. Constitutional Council review of senatorial elections

1. By petition of the President of the Republic, the chairmen of the Chambers of Parliament, at least one-fifth of all Members of Parliament, or the Prime Minister, the Constitutional Council shall consider any dispute arising with respect to the correctness of the manner in which senatorial elections were held. In such a case, determination of the results of such elections shall be suspended while such petition is under consideration.

2. In the event that any dispute arises with respect to the correctness of the manner in which senatorial elections were held, the Central Electoral Commission shall turn over to the Constitutional Council any materials related to the preparation and holding of such elections.

3. In the event that the Constitutional Council deems that the senatorial elections contravened the Constitution in those precincts or geopolitical subdivisions where breaches of the Constitution took place, the Central Electoral Commission shall render a decision invalidating the elections at such precincts or geopolitical subdivisions and setting new elections within two months at the precincts or geopolitical subdivisions where elections were deemed invalid.

Chapter 12

Elections of Members of the Majilis of Parliament of the Republic (Parliamentary Elections)

1. The following shall serve as grounds for setting parliamentary elections:

1) For regular elections, the expiration of Parliament’s term of office as defined by the Constitution;

2) For extraordinary elections, the early termination of powers of Parliament;

3) For elections to fill vacancies in the Majilis, the early termination of a Member’s powers, forfeiture of his mandate, or his death.

2. In the event indicated in paragraph 1.1) above, elections shall be set by the President of the Republic not later than five months before the expiration of the term of office of the current Parliament and shall be held not later than two months before such expiration.

3. In the event indicated in paragraph 1.2) above, parliamentary elections shall be set by the President of the Republic concurrently with his decision mandating early termination of the powers of Parliament, and shall be held within two months from the date of early termination of the powers of Parliament.

4. In the events indicated in paragraph 1.3) above, elections to fill vacancies in the Majilis shall be set by the Central Electoral Commission within three months after the early termination of a Member’s powers and forfeiture of his mandate, or his death.

5. The date of elections shall be determined in accordance with the requirements of Article 41, paragraph 3 of the Constitution.

Article 86. Eligibility of candidates to the Majilis

In order to be elected to the office of Member of the Majilis, a citizen must satisfy the requirements set forth by Article 51 paragraph 4 of the Constitution and have positive suffrage pursuant to Article 33 paragraph 2 of the Constitution and this Constitutional Law.

Article 87. Nomination of candidates to the Majilis

1. The right to nominate candidates to the Majilis shall belong to duly registered local or national public interest groups or private citizens, by self nomination

2. Candidates to the Majilis shall be nominated by national or local public interest groups acting through their supreme bodies, with indication of the electoral district where the candidate will be running. Public interest groups shall be entitled to nominate persons who are not members of such public interest group. Public interest groups shall each be entitled to nominate only one candidate to the Majilis from each electoral district. The decision to nominate a candidate to the Majilis shall be adopted by majority vote of all members of the supreme body of the public interest group, and shall be formalized by an extract from minutes of a meeting of such body.

Article 87. Nomination of candidates to the Majilis

1. The right to nominate candidates to the Majilis shall belong to duly registered local or national public interest groups or to private citizens, by self nomination. Political parties shall have the right to include individuals on their slates for election at large from the single national electoral district.

2. Candidates to the Majilis shall be nominated by national or local public interest groups acting through their supreme bodies, with indication of the electoral district where the candidate will be running. A public interest group shall be entitled to nominate persons who are not members of such public interest group. A public interest group shall be entitled to nominate only one candidate to the Majilis from each electoral district. The decision to nominate a candidate to the Majilis shall be adopted by majority vote of all members of the supreme body of the public interest group and shall be documented by an extract from minutes of a meeting of such body. The superior body of the political party shall include on its slate individuals for at-large election to the Majilis from the single national electoral district. An individual included on a slate for at-large election to the Majilis from the single national electoral district shall not have the right to be nominated from a territorial electoral district.

2-1. Political parties shall independently determine the procedure for placing individuals on their slates. A party slate shall be submitted to the Central Electoral Commission by a representative of the political party simulataneously with the extract from the minutes of the meeting of the superior body of the political party which nominated the slate. The powers of the representative must be confirmed by the appropriate documents.

3. Within three days after it is made, the decision of the supreme body of the public interest group shall be:

1) Promulgated to the nominated candidate;

2) Filed with the district electoral commission together with the candidate’s written affirmation of his consent to run for office.

4. A private citizen shall nominate himself as candidate to the Majilis filing a written declaration of intent to run for the Majilis from a given electoral district with the relevant district electoral commission.

5. The district electoral commission shall determine within three days whether the candidate satisfies the requirements placed upon him by the Constitution and by this Constitutional Law.

6. No person may be nominated as a candidate from more than one electoral district.

7. Nomination of candidates to the Majilis shall commence sixty days prior to elections, and shall cease forty days prior to the elections.

8. In the event that no candidate is nominated from an electoral district or all nominated candidates withdraw their candidacies or are disqualified prior to their registration, the Central Electoral Commission shall, on recommendation of the relevant district electoral commission, extend the nomination period by a maximum of twenty days.

Article 88. Election Deposit

Prior to his registration and after verification of his compliance with the requirements set forth by the Constitution and this Constitutional Law and of the signatures collected in his support, each candidate to the Majilis shall pay to the account of the Central Electoral Commission, from his own personal money, an election deposit in the amount of twenty-five times the statutory minimum monthly wage. This deposit shall be refunded to the candidate if, on the basis of the results of the election, the candidate garnered at least seven percent of the votes of voters participating in the voting. In all other cases the deposit shall be non-refundable and shall be remitted to the Republic budget. After verification of compliance of individuals on their slates with the requirements set forth by the Constitution and by this Constitutional Law, political parties which nominated at-large slates from the single national electoral district shall pay to the account of the Central Electoral Commission, from his own personal money, an election deposit in the amount of fifty times the statutory minimum monthly wage. This deposit shall be refunded to the party if, on the basis of the results of the election, the party garnered at least seven percent of the votes of voters participating in the voting. In all other cases the deposit shall be non-refundable and shall be remitted to the Republic budget.

Article 89. Registration of candidates to the Majilis

1. Candidates to the Majilis shall be registered by the district electoral commissions. Party slates offered by political parties shall be registered by the Central Electoral Commission.

2. Candidates to the Majilis nominated by public interest groups shall be registered subject to submission of the following documents:

1) An extract from the minutes of the meeting of the supreme body of a public interest group where the candidate was nominated from a certain electoral district, attached to which shall be a copy of the registration of said public interest group with the Republic Ministry of Justice, or the oblast or municipal (city of national significance, or capital of the Republic) justice administration, as appropriate;

2) The citizen’s written affirmation of his consent to run for the Majilis from a given electoral district and for the public interest group which nominated him;

3) Background information on the candidate;

3-1) A medical certificate of mental health;

4) A document evidencing the candidate’s payment of the election deposit.

3. Self-nominated candidates shall be registered subject to submission of the following documents:

1) A citizen’s letter of intent to run for office from a given electoral district;

2) Background information on the candidate;

2-1) A medical certificate of mental health;

3) A document evidencing the candidate’s payment of the election deposit.

4. Any number of candidates to the Majilis shall be eligible for registration.

5. The district electoral commission shall draft a protocol evidencing registration of a candidate to the Majilis. Such protocol shall be filed within five days with the Central Electoral Commission and the relevant territorial electoral commission.

6. The district electoral commission shall:

1) Not later than the seventh day after registration of a candidate, publish in the local media an announcement of the candidate’s registration, including the full name, year of birth, position (occupation) and place of employment and residence of the candidate, and, if the candidate so desires, information on the candidate’s affiliation with any public interest group, and his nationality.

2) Issue the appropriate identification documents to a candidate upon his registration;

3) In the event of any violation of the requirements set forth by the Constitution or this Constitutional Law, or in other cases envisaged by this Constitutional Law, refuse to register or rescind the candidate’s registration.

7. At-large party slates from the single national electoral district shall be registered subject to submission of the following documents:

1) An extract from the minutes of the meeting of the superior body of the political party where the slate was nominated, with a copy of the political party's registration with the Republic Ministry of Justice and documents evidencing its national status;

2) The individual's statement of concent to be included on the slate;

3) Background information on each individual on the slate;

4) A medical certificate of mental health for each individual on the slate;

5) A document evidencing the party’s payment of the election deposit.

The following individuals shall not be registered on a party slate:

1) One who has been found guilty of corruption within a year prior to registration;

2) One on whom an administrative fine has been levied by judicial process for a deliberate offense within a year prior to registration;

3) One who has a record of conviction which has not been duly cleared or struck by the time of his registration.

8. A political party may register only one slate with any number of individuals.

9. The Central Electoral Commission shall:

1) Not later than the tenth day after registration of a slate, publish in the media an announcement of the registration, including the name of the party and the number of individuals on the slate, as well as the full name, year of birth, position (occupation) and place of employment and residence of each individual on the slate.

2) Issue the appropriate identification documents to the individuals on the slate upon its registration;

3) In the event of any violation of the requirements set forth by the Constitution or this Constitutional Law, or in other cases envisaged by this Constitutional Law, refuse to register or rescind the registration of the slate or a particular individual on it.

10. Any refusal to register or rescission of a registration may be appealed to the Central Electoral Commission or to a court within seven days. The Central Electoral Commission or the court must render a decision on such appeal within seven days from the date of its filing.

11. Registration of candidates on a party slate shall commence two months before election day and shall cease one month prior to election day, unless otherwise established at the time elections are set.

Article 90. Withdrawal of candidacy, rescission of nomination to the Majilis

1. A candidate to the Majilis may withdraw his candidacy at any time prior to or after his registration, but not later than seven days before the day of voting by written petition to the district electoral commission.

2. The supreme body of the public interest group which nominated a candidate to the Majilis may rescind its nomination at any time prior to or after the candidate’s registration, but not later than seven days before the day of voting by filing the appropriate written application to the district electoral commission.

3. In the foregoing events, the district electoral commission shall not register the candidate or shall rescind the registration of the candidate, as the case may be.

3-1. A political party may withdraw its slate at any time prior to or after its registration, but not later than seven days before the day of voting by filing written petition and an extract from the minutes of the meeting of the superior body of the political party with the Central Electoral Commission. In this cast the Central Electoral Commission shall decide to deny registration or to rescind registration of the slate.

4. In the event that a candidacy is withdrawn or a candidate’s nomination is rescinded without justifiable necessity, the district electoral commission shall be entitled to seek from the candidate or the nominating public interest group, as the case may be, reimbursement of part of the national budgetary funds spent on the affected candidate’s election campaign.

Article 91. Proxies of candidates to the Majilis

Each candidate to the Majilis may have up to seven proxies.

Article 92. Size of campaign fund for candidates to the Majilis

A candidate’s campaign fund shall consist of:

1) His own money, in a total not to exceed two hundred times the statutory minimum monthly wage;

2) Money allocated to him by the national public interest group which nominated him, in a total not to exceed five hundred times the statutory minimum monthly wage;

3) Voluntary contributions from private citizens and organizations of the Republic, in a total amount not to exceed one thousand times the statutory minimum monthly wage.

Article 92-1. Size of campaign fund for a political party

Candidates running on party slates nominated by political parties shall not have the right to establish their own campaign funds.

2. The campaign fund of a political party shall consist of:

1) The party’s own money, in a total not to exceed five thousand times the statutory minimum monthly wage;

3) Voluntary contributions from private citizens and organizations of the Republic, in a total amount not to exceed ten thousand times the statutory minimum monthly wage.

Article 93. Nomination of candidates to the Majilis to replace candidates withdrawn after close of registration

1. In the event that all candidates to the Majilis from a given electoral district withdraw or are disqualified after the registration period has ended, the Central Electoral Commission shall by resolution postpone the elections for the affected electoral district, but by no more than two months.

2. In such an event, candidates to the Majilis shall be nominated in accordance with the rules set forth by this Constitutional Law.

Article 94. Tabulation of votes in parliamentary elections

1. The precinct electoral commissions shall draft a voting protocol certifying the results of the voting, which shall immediately be forwarded to the district electoral commission. Voting protocols on party slates shall immediately be forwarded to the appropriate territorial electoral commission.

2. The results of parliamentary elections shall be determined at a meeting of the district electoral commission on the basis of the protocols forwarded from the precinct electoral commissions. A protocol shall be drafted certifying the election results, signed by the chairman and members of the district electoral commission and forwarded to the Central Electoral Commission within two days after the day of the elections. The results of elections on party slates shall be determined at a meeting of the Central Electoral Commission on the basis of protocols of the appropriate territorial electoral districts. A protocol shall be drafted on the results.

3. Other matters related to determination of the results of vote tabulation and election results shall be resolved in accordance with the rules set forth in the General Section of this Constitutional Law.

Article 95. Repeat voting in parliamentary elections

1. In the event that more than two candidates to the Majilis were included onto the ballot and none of them is elected, the district electoral commission shall set repeat voting for the affected seat in order to elect one of the two candidates who garnered the largest vote. If in the first round of voting only one candidate remains on the ballot due to the withdrawal of all other candidates, repeat voting shall be held on such remaining candidacy.

2. Repeat voting shall be held within two months, in compliance with the requirements of this Constitutional Law. The repeat voting shall be announced in the media.

3. Deleted by Constitutional Law of the Republic of Kazakstan No. 375-I (ZRJ) dated May 6, 1998.

Article 96. Repeat parliamentary elections

1. The Central Electoral Commission shall make a decision to set repeat elections in the event that elections are deemed invalid due to insufficient voter turnout, elections are otherwise invalidated, or one or two candidates ran for election and he or they failed to be elected. Voting shall be held at the same electoral precincts as the original elections, and under the voter rosters compiled for the original elections.

2. Repeat elections shall be held within two months after the original elections, or within such other period as determined by the Central Electoral Commission on recommendation of the relevant district electoral commission. Campaign events which should take place during repeat elections shall be held in the manner established by this Constitutional Law. The periods for campaign events shall be abbreviated as determined by the Central Electoral Commission.

3. The repeat elections shall be announced in the media.

4. Any candidates to the Majilis who have previously run shall not participate in the repeat elections.

5. Political parties which surpassed the three-percent threshold and participated in the previous elections may also participate in the repeat elections.

Article 97. Determination and publication of the results of parliamentary elections

1. The Central Electoral Commission shall determine the nationwide results of parliamentary elections within seven days after the elections are held.

2. The elected Members of the Majilis shall be the candidates who:

1) Garnered more than fifty percent of the vote in first-round voting; or

2) Garnered the greatest vote among candidates running in repeat voting; or

3) Garnered more than fifty percent of the vote in repeat voting, if running unopposed.

3. Other matters related to the determination and publication of election results shall be resolved in the manner envisaged in the General Section of this Constitutional Law.

Article 97-1. Assignment of parliamentary mandates on the basis of the results of voting on party slates

1. The Central Electoral Commission shall tabulate the total votes cast in the single national electoral district for each party slate which garnered at least seven percent of the vote. The total votes cast for political parties which surpassed the three-percent threshold shall be divided by ten – the number of parliamentary mandates to be assigned to the single national electoral district. The result is the first electoral quotient.

2. The number of votes garnered by each political roster participating in the allocation of parliamentary mandates shall be divided by the first electoral quotient. The whole number resulting from this division is the number of mandates won by the relevant political party which ran a party slate.

3. If there are unassigned mandates remaining after the steps in paragraphs 2 and 3 above are completed, the process shall be repeated. Unassigned mandates shall be handed over to each of the party slates which had the highest remainder as a result of the division in paragraph 2 above. If the highest remainders are equal, preference shall be given to the party slate registered earlier.

4. Mandates shall be assigned in strict compliance with the sequence in which the candidates were placed on the relevant slate.

5. In the event that a Member of Parliament elected as a result of assignment of parliamentary mandates among political parties which ran party slates retires early, his mandate shall, by resolution of the Central Electoral Commission, be handed over to the person following the candidate on the same slate.

If there are no remaining candidates on the party slate, the mandate shall remain vacant until the next parliamentary elections.

If the political party is reorganized or liquidated, the powers of Members of the Majilis elected on its slate shall be terminated.

Article 98. Registration of Members-elect

1. The Central Electoral Commission shall register the Members-elect on the basis of protocols filed by the district electoral commissions.

2. In the event that in the course of voting, vote tabulation, or determination of the election results, violations of this Constitutional Law took place, the Central Electoral Commission may invalidate parliamentary elections and refuse registration to a Member-elect on the basis of a recommendation of a district electoral commission or petitions from citizens. An affected candidate may appeal such decision by the Central Electoral Commission to the court, which must render a final decision on such matter within ten days after the appeal is filed.

Article 99. Extraordinary parliamentary elections and parliamentary elections to fill vacancies

1. Extraordinary parliamentary elections and parliamentary elections to fill vacancies shall be held in accordance with the rules established by this Constitutional Law for regular parliamentary elections. The dates for conducting election events shall be determined by the Central Electoral Commission.

2. In the event that a seat in the Majilis is vacated less than one year before the expiration of Parliament’s constitutional term of office, no elections shall be held to fill the vacancy.

Article 100. Constitutional Council review of parliamentary elections

1. By petition of the President of the Republic, the chairmen of the Chambers of Parliament, at least one-fifth of all Members of Parliament, or the Prime Minister of the Republic, the Constitutional Council shall consider any dispute arising with respect to the correctness of the manner in which parliamentary elections were held. In such a case, determination of the results of such elections shall be suspended while such petition is under consideration.

2. In the event that any dispute arises with respect to the correctness of the manner in which parliamentary elections were held, the Central Electoral Commission shall turn over to the Constitutional Council any materials related to the preparation and holding of such elections.

3. In the event that the Constitutional Council deems that the parliamentary elections contravened the Constitution in those electoral districts where breaches of the Constitution took place, the Central Electoral Commission shall render a decision invalidating the elections at such electoral districts and setting new elections within two months at the electoral districts where elections were deemed invalid.

Chapter 13

Election of Members of the Maslikhats of the Republic

Article 101. Setting maslikhat elections

1. The following shall serve as grounds for setting the elections of members of maslikhats:

1) For regular elections, the expiration of the member’s term of office as defined by the Constitution;

2) For extraordinary elections, the early termination of powers of the maslikhats;

3) For elections to fill vacancies in the maslikhats, the early termination of a member’s powers, forfeiture of his mandate, or his death.

2. The Central Electoral Commission shall set regular maslikhat elections no later than four months before expiration of the term of office of the maslikhats, and such elections must be held not later than one month before expiration of the term of office of the maslikhats.

3. The Central Electoral Commission shall set extraordinary elections for maslikhats whose powers have been terminated before expiration of their terms of office on the basis of a decision of the Senate mandating such early termination. Such elections must be held within two months after the early termination of the powers of the maslikhats.

4. The appropriate electoral commission of an oblast, city of national significance, or capital of the Republic shall set maslikhat elections to fill vacancies within three months of the early termination of a member’s powers, forfeiture of his mandate, or his death.

5. Regular maslikhat elections shall be held at all levels concurrently, and may not coincide with presidential, senatorial, or parliamentary elections.

6. An announcement regarding the date of elections shall be published in the media.

Article 102. Eligibility of candidates to the maslikhats

In order to be elected to a maslikhat, a citizen must satisfy the requirements set forth by Article 86 paragraph 3 of the Constitution and have positive suffrage pursuant to Article 33 paragraph 2 of the Constitution and this Constitutional Law.

Article 103. Nomination of candidates to the maslikhats

1. Candidates to the maslikhats shall be nominated by duly registered national or local public interest groups or by private citizens by self-nomination.

2. Candidates to the maslikhats shall be nominated by national or local public interest groups acting through their supreme bodies, with indication of the electoral district where the candidate will be running. A public interest group shall be entitled to nominate candidates who are not members of such public interest group. A public interest group shall be entitled to nominate only one candidate to a maslikhat in each electoral district. The decision to nominate a candidate to a maslikhat shall be made by majority vote of all members of the supreme body of the national or local public interest group, and shall be documented by an extract from minutes of a meeting of such body.

3. Within three days after it is made, the decision of the supreme body of the public interest group shall be:

1) Promulgated to the nominated candidate;

2) Filed with the relevant district electoral commission together with the candidate’s written affirmation of his consent to run for office.

4. Candidates to the maslikhats shall nominate themselves by filing a written declaration of intent to run for a maslikhat from a given territorial electoral district with the relevant district electoral commission.

5. No person may be nominated as a candidate from more than one electoral district.

6. Nominations of candidates to the maslikhats shall commence three months prior to election day, and cease two months prior to elections, unless other periods are established at the time elections are set.

7. In the event that no candidate is nominated from an electoral district or all nominated candidates withdraw their candidacies or are disqualified prior to their registration, the territorial electoral commission shall, on recommendation of the relevant district electoral commission, extend the nomination period by a maximum of twenty days.

8. The district electoral commission shall determine within three days whether the candidate satisfies the requirements of the constitution and by this Constitutional Law.

Article 104. Registration of candidates to the maslikhats

1. Candidates to the maslikhats shall be registered by the district electoral commissions.

2. Candidates nominated by public interest groups shall be registered subject to submission of the following documents:

1) An extract from the minutes of the meeting of the supreme body of a public interest group where the candidate was nominated, attached to which shall be a copy of the registration of said public interest group with the Republic Ministry of Justice, or the justice administration of the district, municipality, city of national significance, or capital of the Republic, as appropriate;

2) The citizen’s written affirmation of his consent to run for a maslikhat from a given electoral district and for the public interest group which nominated him;

3) Background information on the candidate;

4) A medical certificate of mental health.

3. Self-nominated candidates shall be registered subject to submission of the following documents:

1) A citizen’s letter of intent to run for office from a given electoral district;

2) Background information on the candidate;

3) A medical certificate of mental health.

4. Any number of candidates to a maslikhat shall be eligible for registration.

5. The district electoral commission shall draft a protocol evidencing registration of a candidate to a maslikhat. Such protocol shall be filed within five days with the Central Electoral Commission and the relevant territorial electoral commission.

6. The district electoral commission shall:

1) Not later than the seventh day after registration of a candidate, publish in the local media an announcement of the candidate’s registration, including the full name, year of birth, position (occupation) and place of employment and residence of the candidate, and, if the candidate so desires, information on the candidate’s affiliation with any public interest group, and his nationality.

2) Issue the appropriate identification documents to a candidate upon his registration;

3) In the event of any violation of the requirements set forth by the Constitution or this Constitutional Law, or in other cases envisaged by this Constitutional Law, refuse to register or rescind the candidate’s registration.

7. Any refusal to register or rescission of a decision to register a candidate may be appealed to the relevant territorial electoral commission or to a court within seven days. The territorial electoral commission or the court must render a decision on such appeal within seven days from the date of its filing.

8. Registration of candidates to a maslikhat shall commence two months before election day, and shall cease forty days prior to election day, unless otherwise established at the time elections are set.

Article 105. Withdrawal of candidacy, rescission of nomination of a candidate to a maslikhat

1. A candidate to a maslikhat may withdraw his candidacy at any time prior to or after his registration, but not later than seven days before the day of voting by submitting a written petition to the district electoral commission.

2. The superior body of the national or local public interest group which nominated a candidate to a maslikhat may rescind its nomination at any time prior to or after the candidate’s registration, but not later than seven days before the day of voting, by submitting the appropriate written application to the district electoral commission.

3. In the foregoing events, the district electoral commission shall not register the candidate or shall rescind the candidate’s registration, as the case may be.

4. In the event that a candidacy is withdrawn or a nomination is rescinded without justifiable necessity, the district electoral commission shall be entitled to seek from the candidate or the nominating public interest group, as the case may be, reimbursement of part of the national budgetary funds spent on the affected candidate’s election campaign.

Article 106. Proxies of candidates to the maslikhats

Each candidate to a maslikhat may have up to three proxies.

Article 107. Nomination of candidates to the maslikhats to replace candidates withdrawn after close of registration

1. In the event that all candidates withdraw or are disqualified after the registration period has ended, the territorial electoral commission shall, on recommendation of the relevant district electoral commission, render a decision to postpone the elections for the affected electoral district, but by no more than two months.

2. In such an event, candidates to the maslikhat shall be nominated in accordance with the rules set forth by this Constitutional Law.

Article 108. Tabulation of votes in maslikhat elections

1. The precinct electoral commissions shall draft a voting protocol certifying the results of the voting, which shall immediately be forwarded to the district electoral commission.

2. The results of maslikhat elections shall be determined at a meeting of the district electoral commission on the basis of the protocols forwarded from the precinct electoral commissions. A protocol shall be drafted certifying the election results, signed by the chairman and members of the district electoral commission, forwarded to the relevant territorial electoral commission within two days after the day of the elections.

3. Other matters related to determination of the results of vote tabulation and election results shall be resolved in accordance with the rules set forth in the General Section of this Constitutional Law.

Article 109. Repeat voting in maslikhat elections

1. In the event that more than two candidates to a maslikhat were included onto the ballot and none of them is elected, the district electoral commission shall set repeat voting for the affected seat in order to elect one of the two candidates who garnered the largest vote. If in the first round of voting in senatorial elections only one candidate remains on the ballot due to the withdrawal or disqualification of all other candidates, repeat voting shall be held on such remaining candidacy.

2. Repeat voting shall be held within one month, in compliance with the requirements of this Constitutional Law. The repeat voting shall be announced in the local media.

3. Deleted by Constitutional Law of the Republic of Kazakstan No. 375-I (ZRK) dated May 6, 1998.

Article 110. Repeat maslikhat elections

1. The relevant territorial electoral commission shall make a decision to set repeat elections in the event that elections are deemed invalid due to insufficient elector attendance, elections are otherwise invalidated, or a candidate ran unopposed and he failed to be elected. Voting shall be held at the same electoral precincts as the original elections, and under the voter rosters compiled for the original elections.

2. Repeat elections shall be held within two months after the original elections. Campaign events which should take place during repeat elections shall be held pursuant to the rules established by this Constitutional Law. The periods for campaign events shall be abbreviated as determined by the territorial electoral commission.

3. The repeat elections shall be announced in the local media.

4. Any candidates to a maslikhat who have previously run shall not participate in the repeat elections.

Article 111. Determination and publication of the results of senatorial elections

1. The relevant territorial electoral commissions shall determine the results of maslikhat elections within five days after they are held.

2. A member-elect shall be a candidate who:

1) Garnered more than fifty percent of the vote of voters participating in first-round voting; or

2) Garnered the greatest vote among candidates running in repeat voting; or

3) Garnered more than fifty percent of the vote of voters participating in repeat voting, if he ran unopposed.

3. Other matters related to the determination and publication of maslikhat election results shall be resolved in the manner envisaged in the General Section of this Constitutional Law.

Article 112. Registration of members-elect of the maslikhats

1. The relevant territorial electoral commission shall register the members-elect of the maslikhats on the basis of protocols filed by the district electoral commissions.

2. In the event that in the course of voting, vote tabulation, or determination of the election results, violations of this Constitutional Law took place, the relevant territorial electoral commission may invalidate maslikhat elections and refuse registration to a member-elect of a maslikhat on the basis of a recommendation of a district electoral commission or petitions from citizens. An affected candidate may appeal the decision so adopted by the relevant territorial electoral commission on the aforesaid matter to the court, which must render a final decision on such matter within ten days.

Article 113. Extraordinary maslikhat elections and maslikhat elections to fill vacancies

1. Extraordinary maslikhat elections and maslikhat elections to fill vacancies shall be held in accordance with the rules established by this Constitutional Law for regular maslikhat elections. The dates for conducting election events shall be determined by the relevant territorial electoral commission.

2. In the event that a seat in a maslikhat is vacated less than one year before the expiration of the of local self-government body’s constitutional term of office, no elections shall be held to fill the vacancy.

Chater 14

Elections of local self-government bodies of the Republic of Kazakstan

Article 114. Setting elections of local self-government bodies

1. The following shall serve as grounds for setting elections of members of local self-government bodies:

1) For regular elections, the expiration of the member’s statutory term of office;

2) For elections to fill vacancies in local self-government bodies, the early termination of a member’s powers, forfeiture of his mandate, or his death.

2. The relevant territorial electoral commission shall set regular elections of local self-government bodies no later than two months before expiration of the term of office of a local self-government body, and such elections must be held not later than one month before expiration of the statutory term of office of the local self-government body.

3. An announcement regarding the date of elections shall be published in the local media.

Article 115. Eligibility of candidates to local self-government bodies

In order to be elected to a local self-government body, a citizen must satisfy the requirements set forth by the applicable law of the Republic of Kazakstan and have positive suffrage pursuant to Article 33 paragraph 2 of the Constitution and this Constitutional Law.

Article 116. Electoral districts and electoral commissions in elections of members of local self-government bodies

In elections of members of local self-government bodies:

1) The electoral districts shall be defined as rural or urban localities where population groups are concentrated.

2) The functions of district electoral commission shall be performed by the relevant territorial electoral commission;

3) The precinct electoral commissions shall organize and hold the elections.

Article 117. Nomination of candidates to the local self-government bodies

1. The right to nominate candidates to the office of member of a local self-government body shall belong to a citizens’ assembly, which shall be duly constituted if at least fifty percent of the citizens holding positive suffrage and living in a given rural or urban community are present or to private citizens by self-nomination.

2. The decision to nominate a candidate to a local self-government body shall be made by majority vote of all citizens present at the assembly, and shall be documented in the minutes of such assembly.

3. Within three days of its adoption, the decision of the citizens’ assembly shall be:

1) Promulgated to the nominated candidate;

2) Filed with the relevant territorial electoral commission together with the candidate’s written affirmation of his consent to run for office.

4. Candidates to local self-government bodies shall nominate themselves by filing a written declaration of intent to run for a local self-government body from a given rural or urban community with the relevant territorial electoral commission.

5. A citizen who is not a resident of the relevant rural or urban community may not be nominated to a local self-government body.

6. The number of nominated candidates shall be unlimited.

7. Nominations of candidates to the local self-government bodies shall commence on the day after the date elections are set, and shall cease fourteen days prior to elections.

8. In the event that no candidate is nominated from an electoral district or all nominated candidates withdraw their candidacies prior to their registration, the territorial electoral commission shall extend the nomination period by a maximum of twenty days.

9. The territorial electoral commission shall determine within three days whether the candidate satisfies the requirements of Constitution and by this Constitutional Law.

Article 118. Registration of candidates to local self-government bodies

1. Candidates to local self-government bodies shall be registered by the territorial electoral commissions.

2. Candidates nominated by citizens’ assemblies shall be registered subject to submission of the following documents:

1) The minutes of the citizens’ assembly;

2) The citizen’s written affirmation of his consent to run for office in a local self-government body;

3) Background information on the candidate;

4) A medical certificate of mental health;

3. Self-nominated candidates shall be registered subject to submission of the following documents:

1) A citizen’s letter of intent to run for office;

2) Background information on the candidate;

3) A medical certificate of mental health;

4. Any number of candidates shall be eligible for registration.

5. The territorial electoral commission shall draft a protocol evidencing registration of a candidate to a local self-government body.

6. The territorial electoral commission shall:

1) Not later than the fourth day after registration of a candidate, publish in the local media an announcement of the candidate’s registration, including the full name, year of birth, position (occupation) and place of employment and residence of the candidate, and, if the candidate so desires, information on the candidate’s affiliation with any public interest group, and his nationality.

2) Issue the appropriate identification documents to a candidate upon his registration;

3) In the event of any violation of the requirements set forth by the applicable Law or this Constitutional Law, or in other cases envisaged by this Constitutional Law, refuse to register or rescind the registration of the candidate.

7. Any refusal to register or rescission of the registration of a candidate may be appealed to the relevant territorial electoral commission or to a court within three days. Such appeal shall be filed by the candidate himself or by the citizens’ assembly which nominated him. The territorial electoral commission or the court must render a decision on such appeal within three days from the date of its filing.

8. Registration of candidates shall commence twenty days before election day, and shall cease fifteen days prior to election day.

Article 119. Withdrawal of candidacy, rescission of decision to nominate a candidate to a local self-government body

1. A candidate to a local self-government body may withdraw his candidacy at any time prior to or after his registration, but not later than three days before the day of voting by submitting a written petition to the relevant territorial electoral commission.

2. The citizens’ assembly which nominated a candidate to a local self-government body may rescind its nomination at any time prior to or after the candidate’s registration, but not later than three days before the day of voting, by submitting the appropriate written application to the district electoral commission.

3. In the foregoing events, the district electoral commission shall not register the candidate or shall rescind the decision to register the candidate, as the case may be.

Article 120. Proxies of candidates to local self-government bodies

Each candidate to a local self-government body may have up to three proxies.

Article 121. Nomination of candidates to local self-government bodies to replace candidates withdrawn after close of registration

1. In the event that all candidates withdraw or are disqualified after the registration period has ended, the territorial electoral commission shall, on recommendation of the relevant district electoral commission, render a decision to postpone the elections for the affected electoral district, but by no more than one month.

2. In such an event, candidates shall be nominated in accordance with the rules set forth by this Constitutional Law.

Article 122. Tabulation of votes in elections of local self-government bodies

1. The precinct electoral commissions shall draft a voting protocol certifying the results of the voting, which shall immediately be forwarded to the territorial electoral commission immediately.

2. Other matters related to determination of the results of vote tabulation shall be resolved in accordance with the rules set forth in the General Section of this Constitutional Law.

Article 123. Supplementary elections of local self-government bodies

1. In the event that the number of elected members of a local self-government body proves fewer than the number of mandates therein, the territorial electoral commission shall within one month from the original elections set supplementary elections of local self-government bodies.

2. Supplementary elections shall be held pursuant to the rules established by this Constitutional Law for the original elections.

Article 124. Repeat elections of members of self-government bodies

1. The relevant territorial electoral commission shall adopt a decision to set repeat elections in the event that elections are deemed invalid due to insufficient voter turnout or elections are otherwise invalidated. Voting shall be held at the same electoral precincts as the original elections, and under the voter rosters compiled for the original elections.

2. Repeat elections shall be held within one month after the original elections. Campaign events which should take place during repeat elections shall be held pursuant to the rules established by this Constitutional Law.

3. The holding of repeat elections shall be announced in the local media.

4. Any candidates who have previously run shall not participate in the repeat elections.

Article 125. Determination and publication of the results of elections of members of local self-government bodies

1. The relevant territorial electoral commissions shall meet to determine the results of elections of local self-government bodies within three days after they are held. Such determination shall be made on the basis of protocols filed by the precinct electoral commissions. A protocol shall be drafted certifying the results of the elections, and shall be signed by the chairman and members of the territorial commission.

1-1. Candidates who garnered the most votes of all the candidates shall be deemed elected as members of local self-government bodies according to available mandates.

2. Other matters related to the determination and publication of election results shall be resolved in the manner envisaged in the General Section of this Constitutional Law.

Article 126. Registration of members-elect of the local self-government bodies

1. The relevant territorial electoral commission shall register the members-elect of local self-government bodies within three days after the elections are held on the basis of protocols filed by the precinct electoral commissions.

2. In the event that in the course of voting, vote tabulation, or determination of the election results, violations of this Constitutional Law took place, the relevant territorial electoral commission may invalidate elections of local self-government bodies, and refuse registration to a member-elect of a local self-government body on the basis of a recommendation of a district electoral commission or petitions from citizens. Within five days after this decision is made, an affected candidate may appeal it to the court, which must render a decision on such matter within ten days.

Article 127. Elections to local self-government bodies to fill vacancies

1. Elections to local self-government bodies to fill vacancies shall be held in accordance with the rules established by this Constitutional Law for regular elections. The dates for conducting election events shall be determined by the relevant territorial electoral commission.

2. In the event that a seat in a local self-government body is vacated less than one year before expiration of the local self-government body’s constitutional term of office, no elections shall be held to fill the vacancy.

Chapter 15

CONCLUDING AND INTERIM PROVISIONS

Article 128. Setting of elections of members of the first Parliament

1. Elections of Senators and Members of the Majilis of the first Parliament shall be set by the President of the Republic and shall be held within four months from the date that the Constitution of the Republic of Kazakstan enters into force.

2. The periods for holding election events shall be determined by the President on recommendation of the Central Electoral Commission.

Article 129. Procedure for election of Senators to the first Parliament

1. Campaign events for elections of the first Senate shall be held pursuant to the rules established by this Constitutional Law, with the exceptions of holding voting, determination of election results, and definition of the term of office of Senators.

2. Voting in elections of the first Senate shall be held at joint assemblies. A joint assembly shall comprise all electors (i.e., members of all local self-government bodies) of an oblast, a city of national significance, or the capital of the Republic, as the case may be. Voting shall be held separately on two senatorial mandates.

3. The territorial electoral commissions shall divide all registered candidates onto two ballots in alphabetical order. If there is an even number of candidates, they shall be divided evenly between the two ballots. If there is an odd number of candidates, the first ballot shall contain one more candidate than the second ballot.

4. Voting shall be held on both ballots simultaneously. The elector shall strike through the surnames of the candidates against whom he is voting, leaving only the surname of the candidate for whom he is casting his vote, striking out the remaining surnames.

5. Tabulation of votes and determination of the voting results shall be done separately for the two senatorial mandates.

6. A Senator-elects of the first Senate shall be the candidate who:

1) Garnered more than fifty percent of the vote of electors participating in first-round voting; or

2) Garnered the greatest elector vote among candidates running in repeat voting, but not less than forty percent of the vote of all voters participating in the voting; or

3) Garnered more than fifty percent of the vote in repeat voting, if running unopposed.

7. The candidate elected by the greater number of votes between the two mandates shall be elected to the first Senate for a four-year term, and the candidate elected by the fewer number of votes between the two mandates shall be elected to the first Senate for a two-year term.

8. In the event that the winners of the two mandates are elected by equal number of votes, the holders of the longer and shorter terms shall be determined by lottery.

Article 130. Dates for elections of members of the maslikhats

1. The first elections of members of maslikhats pursuant to the Constitution of the Republic of Kazakstan adopted by the national referendum on August 30, 1995 and to this Constitutional Law shall be held during 1999 on dates to be set by the Central Electoral Commission of the Republic of Kazakstan. The powers of the local representative bodies elected on March 7, 1994 shall be in effect until the election of new members of the maslikhats pursuant to the Constitution of the Republic of Kazakstan adopted in the national referendum of August 30, 1995.

2. Extraordinary elections of members of maslikhat and elections to fill vacant seats shall be set and held by the procedure and on the dates determined by this Constitutional Law.

Article 131. Dates for elections of members of local self-government bodies

1. The elections of local self-government bodies stipulated by the Constitution of the Republic of Kazakstan shall be set by the electoral commissions of the oblast or city (cities of national significance and the capital of the Republic) after the effective date of a law governing the status and powers of local self-government bodies, but no later than two months after the effective date of said law.

Article 132. Special considerations for oversight of expenditure of national budgetary funds during elections of the first Parliament

During elections of the first Parliament, and in the interim prior to creation of the Budgetary Oversight Commission, oversight over expenditure of funds allocated for election campaigns shall be effected by the electoral commissions, which may engage other competent governmental agencies for this purpose.

Article 133. Entry into force and effect of this Constitutional Law

This Constitutional Law shall:

1) Enter into force upon its publication;

2) Not have retroactive effect.

The President of the Republic of Kazakstan

N. NAZARBAYEV

Almaty. September 28, 1995

No. 2464