§ KZ Election Law Art. 28The right to conduct pre-election campaigns

1. The state shall guarantee to its citizens and public associations the right to conduct unimpeded pre-election campaigns for or against any candidate or a political party in compliance with this Constitutional Law and other legislative acts of the Republic of Kazakhstan.
The Citizens and the public associations which according to this Constitutional Law have not established any election funds shall be eligible to conduct a pre-election campaign which does not need any financing.
2. From the moment of the expiration of the registration period established in accordance with this Constitutional Law and until the end of the campaign, candidates, and political parties that nominated a party list, shall have the right to campaign and promote their election program.
The candidates and political parties which have nominated their party lists shall be guaranteed equal access conditions to mass media to conduct their pre-election campaigns.
3. The state guarantees candidates an equal allocation of funds to present their programs. The procedure and volumes of allocation of funds to candidates shall be determined by the Central Election Commission.
Candidates for the President and political parties that have nominated party lists of candidates for deputies of the Mazhilis of the Parliament shall have the right to participate in pre-election debates organized by the Central Election Commission.
Political parties that have nominated party lists of candidates for deputies of maslikhats, candidates for deputies of the Senate of the Parliament, as well as candidates for deputies of the Mazhilis of the Parliament and maslikhats in single-seat territorial constituencies, candidates for akims may participate in pre-election debates, which are entitled to organize the relevant territorial election commissions.
The procedure and conditions for conducting pre-election debates, determined by the Central Electoral Commission, must be equal and not create advantages for one or another candidate or political party.
The mass media, on a contractual basis, provide airtime, and print space for the publication of campaign materials to registered candidates and political parties that have nominated party lists.
Users of online platforms, on a contractual basis, shall provide the amount of information for the publication of campaign materials to registered candidates and political parties that have nominated party lists.
The terms of the contract for the publication of campaign materials should not create advantages for this or that candidate, or political party.
Information on the amount of payment, and conditions for posting campaign materials submitted on a contractual basis must be announced and published by the relevant mass media, the user of the online platform no later than five days before the start of the election campaign, and also submitted to the Central Election Commission during the presidential elections and deputies of the Mazhilis of the Parliament on party lists, to other territorial election commissions - in the election of deputies of the Senate of the Parliament, the Mazhilis of the Parliament in single-member territorial constituencies, deputies of maslikhats, akims and members of other local governments.
On the Internet resources of the Central and Territorial Election Commissions, the information provided by the media, users of online platforms on the amount of payment, and conditions for placing campaign materials shall be posted. The media, users of the online platform that provide airtime, print space and the amount of information on a contractual basis, may not place or distribute campaign materials of candidates, or political parties that have nominated party lists, until the publication of information on the amount of payment, conditions for posting campaign materials.
During the period of pre-election campaigning, the circulation of a periodical printed publication related to the pre-election campaigning of candidates, political parties that nominated party lists must be the same for all candidates, and political parties nominated party lists.
Consent to the placement of campaign materials on a contractual basis, given by the mass media, the user of the online platform to one of the candidates, and the political party that nominated the party list, shall be the consent to the placement of campaign materials to other candidates, political parties that nominated party lists.
The order of speeches of candidates and political parties that nominated party lists in the media, on online platforms shall be established in the order in which written applications are received or by draw if the applications are received simultaneously.
It shall be prohibited to interrupt and comment on the speeches of candidates and representatives of political parties that nominated party lists on television and radio immediately after the speech, as well as in print media in the same issue.
4. Local executive bodies and local self-government bodies provide candidates on contractual basis space for meetings with voters. Terms for rent of premises shall be uniform and equal for all candidates.
Election commissions in cooperation with local executive bodies and with local self- government bodies shall compile a schedule of meetings of candidates with voters in the premises and publish it in the mass media.
5. For the publication of posters, leaflets, slogans and other campaign materials, the relevant election commissions shall allocate an equal amount of money to candidates, except for those running on party lists. All campaign materials must contain information about the organization that issued these materials (for printed materials - the place of their printing and circulation), the persons who made the order, and from what funds it was paid. It shall be prohibited to produce campaign materials outside the territory of the Republic of Kazakhstan, to distribute anonymous campaign materials.
The requirements of this paragraph concerning online platforms shall apply if users of online platforms have produced campaign materials on a contractual basis.
6. The local executive bodies jointly with the corresponding election commissions shall determine places for keeping printed campaign materials for all candidates and shall equip them with stands, boards and curbstones. The printed campaign materials shall be displayed on conditions that ensure equal rights for all candidates.
The candidates shall be eligible to hang out their printed campaign materials in other places with the consent of the owner of the corresponding premises or a facility.
Posting of any campaign materials on monuments, obelisks, buildings and the structures having historical, cultural or architectural value as well as at the polling stations shall be forbidden.
Information about candidates shall be placed in the premises of election commissions and polling station in a uniform format with a photo of the candidate and a standard form of the data established by the Central Election Commission.
Information on political parties, which have nominated party lists, shall be posted in the premises of the election commission and polling stations and shall comply with a standard form of data established by the Central Election Commission.
7. Candidates and political parties that have nominated party lists shall have the right to pay from their election funds the expenses associated with speaking in the media, on online platforms, holding public election events, publishing additional campaign materials, as well as cover transportation and travel expenses. It shall be prohibited to attract other money from other sources for these purposes, to accept any goods, works and services of individuals and legal entities that are not paid for from the election funds of candidates, used by the candidate during the election campaign, to provide these individuals and legal entities with any assistance from the candidate for providing these services.
The physical persons and legal entities rendering services to the candidate and the political party to conduct the pre-election campaign should obtain written consent of the candidates to adopt such services. The persons who do not have the aforementioned written consent shall bear responsibility according to the laws of the Republic of Kazakhstan.
8. Information subject to compulsory publication in accordance with this Constitutional Law shall be posted on the Internet resources of local executive bodies and election commissions. Periodicals shall place information from election commissions in the manner and amount, determined by the Central Election Commission, at the expense of funds, provided by the republican and local budgets.
9. The media, and online platforms, when publishing the results of public opinion polls related to elections, shall be required to indicate the legal entity that conducted the poll, the persons who ordered the poll and paid for it, the time of the poll, the method of collecting information, the exact wording of the question, the number of respondents and coefficient of error of the survey results.
Public opinion survey may be conducted by legal entities, registered in accordance with the legislation of the Republic of Kazakhstan, having at least five years of experience in conducting public opinion survey, having previously notified the Central Election Commission in writing with the relevant documents attached. The notification sent to the Central Election Commission shall indicate information on the specialists participating in the survey and having experience in this field, on the regions in which public opinion surveys will be conducted, on the methods of analysis used.
The publication of the results of public opinion polls, forecasts of election results, other research related to elections, and voting in support of candidates or political parties in the media, on online platforms, shall not be allowed within five days before voting day and on voting day.
It is forbidden to conduct a public opinion survey on the election day in the premises or polling station.
Footnote. Article 28 is in edition of the Constitutional Laws of RK dated April 14, 2004 № 545-II; June 19, 2007 № 268-III; February 9, 2009 № 124-IV (the order of enactment see Art. 2); dated 29.06.2018 № 162-VI (shall be enforced 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); dated 05.11.2022 № 156-VІI (refer to Article 3 for the order of entry into force).