§ KZ Election Law Art. 19Status of a member of election commission

1. Members of election commissions shall be the representatives of state bodies and shall be under the state protection.
2. The legal status of members of election commissions shall be determined by the Constitution, this Constitutional Law and other legislative acts of the Republic of Kazakhstan.
2-1. The following persons cannot be a member of the election commission:
a person who has a criminal record, which has not been served or canceled in the manner prescribed by law;
a person recognized by a court as incapable or partially capable;
a person nominated and (or) elected based on a proposal from a political party or other public association financed by international organizations and international public associations, foreign state bodies, foreign legal entities and citizens, as well as stateless persons.
3. The chairman, members of the Central Election Commission, employees of its apparatus, chairmen, their deputies, secretaries, members of regional, cities of republican significance and the capital of territorial election commissions, as well as chairmen, deputies and secretaries of other territorial election commissions shall exercise their powers on a professional permanent basis.
The remuneration of labour of members of territorial election commissions exercising powers on a professional permanent basis is established in accordance with subparagraph 9-1) of Article 66 of the Constitution of the Republic of Kazakhstan.
A member of a territorial election commission exercising powers on a permanent professional basis shall not be entitled to carry out entrepreneurial activities, independently participate in the management of an economic entity, or engage in other paid activities, except for pedagogical, scientific or other creative activities.
4. Members of an election commission not listed in paragraph 3 of this article may not be dismissed from work or transferred to another job at the initiative of the employer without their consent during the election period.
5. A member of the election commission:
1) shall be notified of the meetings of the relevant election commission within forty-eight hours, except for the cases requiring the immediate adoption of a decision;
2) shall have the right to speak at a meeting of the election commission, to make proposals on matters within the competence of the relevant election commission, and to demand a vote on them;
3) shall have the right to ask questions to other participants of the meeting in accordance with the agenda and receive answers to them on the merits;
4) shall have the right to get acquainted with the documents and materials of the election commission, in which he is a member, to receive certified copies thereof;
5) by authority, confirmed by three fourths of the votes of the members of the election commission, in which he is a member, to carry out an inspection of the activities of the lower election commission;
6) shall be obliged to comply with the requirements of the Constitution, this Constitutional Law and other legislation of the Republic of Kazakhstan, generally accepted standards of ethics;
7) shall be obliged to fulfill the duties assigned to him, the decisions and instructions of the election commission and its chairman, the higher election commission;
8) shall be obliged to ensure the observance and protection of electoral rights and legitimate interests of citizens, to show impartiality and independence in making decisions, as well as refrain from public evaluation of the activities of candidates and political parties that have nominated the party list;
9) shall not be bound by decisions of a political party or other public association of which he is a representative, and shall not have the right to defend their interests.
6. A member of the election commission shall be relieved of his duties:
1) upon the expiration of the established term of office of the election commission;
2) upon termination of the activities of the election commission.
By the decision of a higher election commission, a member of a lower election commission shall be relieved of his duties in the following cases:
1) filing an application for exemption from obligations at will;
2) loss of citizenship of the Republic of Kazakhstan;
3) departure to a permanent place of residence outside the administrative-territorial unit in which the maslikhat is located, which formed the composition of the relevant election commission;
4) the entry into force of a court conviction against him;
5) the entry into force of a court decision declaring him incapable, partially capable, missing or declaring him dead;
6) his death;
7) in accordance with the procedure established by the legislation of the Republic of Kazakhstan, adoption of a decision by a political party that nominated him or the enacted court decision on liquidation of the political party that nominated him.
7. In the event of a repeated violation by a member of an election commission of official powers or the requirements of this Constitutional Law, he shall be dismissed from office by the maslikhat that formed the composition of this election commission.
8. If necessary, a higher election commission shall appoint a member of an election commission to a vacant seat before the election of a member of an election commission by the body forming the composition of the election commission, in the manner prescribed by Article 10 of this Constitutional Law.
9. More than half of the composition of the election commission should not be employees of the same organization, except for the cases of creation of polling stations provided for by paragraph 3 of Article 23 of this Constitutional Law.
10. A member of the election commission must reside in the territory of the administrative-territorial unit in which the maslikhat is located, which formed the composition of this commission.
Footnote. Article 19 as amended by the Constitutional Law of the Republic of Kazakhstan dated April 14, 2004 № 545; as amended by the Constitutional Law of the Republic of Kazakhstan dated 15.04.2005 № 44; dated 19.06.2007 № 268 (shall be enforced from the date of its official publication); dated 09.02.2009 № 124-IV (the order of enactment see art. 2); dated 29.06.2018 № 162-VI (shall be enforces upon expiry of ten calendar days after its first official publication); dated 05.11.2022 № 156-VII (shall come into effect from 01.01.2023).