1. Election campaigning of candidates for the election of the President, deputies of the Parliament and deputies of maslikhats may be financed from the funds formed in accordance with the procedure established by this Constitutional Law from election funds. 2. is excluded by the Constitutional Law of the Republic of Kazakhstan dated 29.06.2018 № 162-VI (shall be enforced upon expiry of ten calendar days after its first official publication). 3. The election funds shall be formed from the following sources: 1) personal means of candidates, funds of political parties; 2) means allocated to the candidate by the republican public association that has nominated the candidate; 3) voluntary donations of citizens and organizations of the Republic. The voluntary donations of the state bodies and organizations, local self-government bodies, charitable organizations, religious associations, legal entities of Kazakhstan having foreign stock in their charter capital as well as anonymous donations of physical persons and legal entities shall be forbidden. 4. Only legally obtained funds may be sent to election funds. Information on the total amount of money and the number of voluntary donations received by the fund, its sources and expenses for the election campaign within five days after the publication of the election results shall be published in the media: during the elections of the President, deputies of the Mazhilis of the Parliament - by the Central Election Commission; during elections of deputies of the Senate of the Parliament - by regional, cities of republican significance and the capital by election commissions; at elections of deputies of maslikhats – by territorial election commissions. 5. The maximum size of the financial resources which can be transferred to the election funds from the aforementioned sources shall be determined in the Special part of this Constitutional Law. The financial resources received above the established limit shall not be transferred to the election funds and shall be refunded to the citizens and organizations that have donated the money. In this case the expenses associated with refund of the indicated money shall be covered at the expense of citizens and organizations that have contributed in these funds. Anonymous donations shall be transferred to the republican budget as the state revenue. 6. The financial resources forming the election fund shall be kept at a special temporary bank account, opened in the financial bodies by the corresponding election commission after registration of the candidate or the party list. No income shall be charged or paid for this account. The right to give the name of the election fund for the purposes specified in this Constitutional Law shall belong exclusively to the candidate and the political parties, which have nominated their party lists. The banks shall submit to the corresponding election commission a weekly report on the transfers to the funds to the special temporary bank accounts as well as on spending. Upon the inquiry of the corresponding election commission, the same data shall be provided within twenty four hours. The procedure for opening a special temporary account, spending of electoral funds and the relevant banking institution shall be determined by the Central Election Commission. 7. In case of withdrawing by the candidate of his/her candidature, calling back by the political party of the party list or cancellation of the decision to nominate a candidate, a party list or registration of the candidate, the party list, the financial resources which have been contributed to the election fund shall be immediately refunded to the citizens and organizations that have contributed their money. In this case the cost of refund of the indicated finances shall be covered at the expense of the above mentioned citizens and organizations. 8. All financial transactions including settlements with physical persons and legal entities, due deductions, taxes and other payments to the budget from the special temporary bank accounts shall be stopped at 6 pm on the day proceeding the day of elections. In case of a rerun of a vote the marginal sum of money to be allowed for transfer to the candidate’s election fund shall be increased by one and a half times. At the conduct of a rerun of a vote, the financial transactions to special temporary bank accounts of candidates in respect to whom the rerun of a vote is conducted shall be resumed on the day of appointment of a rerun of a vote and shall be stopped at 6 pm on the day proceeding the day of elections. The total sum of the money to be transferred to the election fund from the moment of its formation should not exceed the limits established by this Constitutional Law. 9. Two-thirds of the funds of the election fund remaining unspent for the election campaign shall be sent to the republican budget, and one-third shall be returned to the candidate or the political party. 10. Infringement by the candidate and the political party that has nominated its party list of the rules stipulated by clauses 1-8 of this Article as well as of the procedure on spending the funds from the election funds established by the Central Election Commission shall entail cancellation of the decision on registration of the candidate or the party list. After conduct of elections before registration of the candidate as the President, the deputy of the Parliament, the Maslikhat deputy and member of other local self-government bodies - declaration of the elections in the corresponding territory or district as null and void. Footnote. Article 34 is in edition of the Constitutional Laws of the Republic dated May 6, 1999 № 375-I; April 14, 2004 № 545-II; April 15, 2005 № 44-III; 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 05.11.2022 № 156-VII (shall come into effect from 01.01.2023).
§ KZ Election Law Art. 34Private financing of elections
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Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.