§ KZ Election Law Art. 20Arrangement of the election commissions’ activities and appeals against their actions. Publicity in the activities of election commissions

1. Election commissions shall act on the basis of the principles of collegiate, publicity and transparency.
2. The first meetings shall be convened:
1) of the Central Election Commission – by the Chairman of the commission within fourteen days after the election of the commission;
2) of territorial election commissions of regions, cities of republican significance and the capital - by a person determined by the maslikhat that formed the composition of this commission, not later than seven days after the formation of the new composition;
3) of lower election commissions - by the chairmen of the relevant higher commissions not later than seven days after the formation of their composition;
4) district election commissions - by the chairmen of the territorial election commissions in whose territory the electoral district is located, no later than seven days after the formation of their composition.
3. In the course of preparations for and conduct of electoral campaign the meeting of commissions shall be convened at least once in two weeks. Otherwise, the meeting of a commission shall be convened by the initiative of the chairperson or at least one third of the commission’s members.
4. Meetings of the election commissions shall be legally qualified if they are attended by at least two thirds of the total number of the commission’s members.
5. Decisions of commissions shall be adopted through an open vote by a majority of total number of their members apart of other cases stipulated by this Constitutional Law. Members of an election commission, who disagree with its decision, shall be eligible to express their individual opinion, which shall be without delay brought to the notice of the superior election commission and attached in written form to the minute of the commission’s meeting.
6. Election commissions shall create conditions for free familiarization of all persons with their decisions, which are posted on public telecommunications networks, and in the cases provided for by this Constitutional Law, are subject to another publication.
Political parties that do not have a representative in the election commissions shall be entitled to delegate their representative to the relevant election commission with an advisory vote for the period of preparation and conduct of an election campaign not later than ten days from the date of appointment or announcement of elections.
An act of delegating a representative of a political party, signed by persons authorized in accordance with the party’s charter and stamped, shall be sent to the relevant election commission. The act shall be attached with the consent of the citizen on inclusion in the commission with an advisory vote.
The election commission shall decide on the appointment of a member of the election commission with an advisory vote.
Representatives of political parties with an advisory vote shall not be paid.
A representative of a political party with the right of an advisory vote shall have the right to speak at a meeting of the election commission, to make proposals on matters within the competence of the election commission, to appeal against the actions (inaction) of the election commission to a higher election commission or court.
Representatives of political parties with an advisory vote shall not vote when the commission makes a decision and shall not sign the commission’s documents.
7. Candidates, proxies, observers and mass media representatives upon submission of a certificate of employment and the editor’s assignment shall be eligible to attend meetings of election commissions.
The candidates to deputies, political parties, which have nominated their party lists, when considering the issues affecting them shall be notified about meetings of the corresponding election commission and their agenda in advance.
Presence in the premise of the election commission of unauthorized persons, who are not involved in the electoral process, shall be prohibited.
8. On the day of voting, from the moment the polling station is opened for voting until the establishment of the voting results when counting the votes of voters, one authorized person from each candidate or political party that nominated a party list, one representative from each mass media outlet may simultaneously be present at the polling station, no more than three representatives from each TV channel with an official ID and assignment from the editorial staff and one observer from each political party, other accredited public association, non-profit organization of the Republic of Kazakhstan and observers of foreign states and international organizations who may be accompanied by an interpreter.
9. Decisions or actions (inaction) of an election commission can be appealed to a superior election commission and/or to a court within ten days from the day of making such a decision or action (inaction), unless other deadlines for appeals have not fixed in this Constitutional Law. Upon expiration of the above mentioned deadlines appeals against decisions and actions (inaction) of an election commission shall not be considered.
When appeals are considered either by the election commission and the court at the same time, the election commission shall suspend proceedings until a court judgment shall come into effect. The court shall notify the election commission on the submitted appeal and on the effect of the court’s decision on the basis of the results of proceedings.
10. The state bodies, organizations, bodies of local self-government as well as their officials must support to election commissions in exercising their powers, provide them with necessary data and materials, respond to the requests of election commissions within three days, whereas on the Election Day and the day prior Election Day the same must be done immediately.
11. Members of territorial, district, and precinct election commissions for the period of preparation and conduct of elections may, at their request, be released by decision of the commission from performing production or official duties with payment from the funds allocated for the conduct of elections.
For the period of preparation for and conduct of elections the average monthly salary at the place of primary work shall be preserved for those members of the election commissions, who are civil servants. For this period the salary of other members of election commissions shall be set at a rate of not less than three minimum wages at the expense of funds, allocated for the conduct of elections.
Payment of overtime work, work on holidays and weekends, work at night by the members of elections commissions including those members who are civil servants shall be made from the funds, allocated for the conduct of elections.
12. The following persons cannot be members of election commissions:
1) deputies of Parliament, maslikhats, akims, and members of other local self-government bodies;
2) candidates for President, deputies of Parliament, maslikhats, akims, members of other local governments, as well as proxies of candidates;
3) persons holding the position of a political public servant;
4) judges of the courts of the Republic of Kazakhstan.
A spouse (spouse) and close relatives of candidates, as well as persons who are directly subordinate to candidates, cannot be members of election commissions that ensure the direct organization and holding of elections in an electoral district in which this candidate participates.
Fulfillment of the duties of the persons, specified in subparagraph 2) of part one and two of this paragraph as a member of the election commission shall be suspended from the date of registration of the respective candidate by the decision of the election commission for the period of the election campaign.
Instead of a member of the election commission specified in part three of this paragraph, a member of the election commission may be appointed for the period of the relevant election campaign by the decision of a higher election commission.
The composition of election commissions cannot include close relatives (parents, children, adoptive parents (adopters), adopted (adopted), full and half siblings, grandfathers, grandmothers, grandchildren) or spouse (spouse).
Footnote. Article 20 is with changes introduced by the Constitutional Laws of RK dated June 19, 2007 № 268-III; February 9, 2009 № 124-IV; dated 29.06.2018 № 162-VI (shall be enforces upon expiry of ten calendar days after its first official publication); dated 24.05.2021 № 41-VII (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); № 156-VІI dated 05.11.2022, refer to Article 3).
Article 20-1. Observers of political parties, other accredited public associations, and non-profit organizations of the Republic of Kazakhstan
Footnote. The heading of Article 20-1 as amended by the Constitutional Law of the Republic of Kazakhstan dated 05.11.2022 № 156-VII (shall come into effect sixty calendar days after the day of its first official publication).
1. Citizens of the Republic of Kazakhstan from political parties, as well as other accredited public associations, and non-profit organizations shall be allowed as observers.
The powers of the observer must be certified in writing, indicating his/her last name, first name, and patronymic (if it is indicated in the identity document). This document shall be certified by the seal of the organization that sent the observer and shall be valid upon presentation of an identity document of the observer. The documents shall be presented to the chairman of the election commission or to the person replacing him/her for the registration of the observer by entering data about him/her in the register.
1-1. The procedure for accreditation of public associations and non-profit organizations, whose statutory activities include the implementation of election observation activities, shall be determined by the Central Election Commission.
The term of accreditation shall be one year unless otherwise provided by this Constitutional Law.
To obtain accreditation, public associations and non-profit organizations must send the following documents to the relevant election commission:
1) an application in the form established by the Central Election Commission;
2) an extract from the charter confirming the right to observe the elections.
The term for consideration of an application for accreditation is thirty calendar days.
The grounds for denial of accreditation or cancellation of accreditation are:
1) failure to submit a complete list of documents;
2) non-compliance of the charter with the requirements of this Article;
3) suspension or termination of the activities of a public association, or non-profit organization.
At the request of election commissions, information from state bodies and organizations necessary to establish the existence of grounds for denial of accreditation or cancellation of accreditation shall be provided within twenty calendar days from the date of receipt of the request.
2. Observers of political parties, other accredited public associations, and non-profit organizations of the Republic of Kazakhstan shall have the right to:
1) be present at meeting of the election commission;
2) receive information on the number of voters, who have taken part in voting, including voting outside of premises of polling stations;
3) be present in a polling station of the corresponding electoral district during voting and vote count;
4) accompany portable ballot-boxes, including being in the vehicle transporting them;
5) observe the voting, procedures of vote count and tabulation of voting results at a polling station in the conditions enabling good observation of all above mentioned procedures;
6) appeal against decisions, actions (inaction) of a respective election commission and/or of its members to a superior election commission or a court;
7) attend the conduct of voting outside of the polling station in the case if voters are unable to visit the polling stations;
8) attend the vote count and cancellation by members of the precinct election commission of unused ballot papers;
9) take photo, audio and video records without intervening with the course of voting and summing up its results;
10) observe the procedure of transfer of protocols on voting results to the superior election commissions;
11) be acquainted with protocols of an election commission on voting results and obtain their certified copies after completion of the voting;
12) draw attention of election commission’s members to the violation of the requirements of this Constitutional Law, hand over to them the relevant written applications, reports on irregularities and receive notes of their receipt. Upon receipt of an application from proxies or observers the chairperson of election commission or the person substituting him/her shall be obliged to attach to the protocol on vote count the notes made by them.
3. Observers of political parties, other accredited public associations, and non-profit organizations of the Republic of Kazakhstan are obliged to:
1) carry documents, certifying their identity and authority;
2) not interfere with the electoral process, the procedures for vote count and decision- making by the election commission;
3) not take any actions interfering with the activities of the election commission;
4) fulfill the requirements of the election commission’s chairperson regarding the rules of conduct in a polling station as established by the corresponding election commission;
5) base their comments on the documented, true and verifiable facts;
6) respect the requirements of this Constitutional Law and other legislative acts of the Republic of Kazakhstan;
7) be impartial, not to express preference in respect of a specific candidate or a political party;
8) when making and distributing photo, audio and video recordings, comply with the requirements provided for by the laws of the Re