§ KZ Election Law Art. 43Vote count at the polling station

1. The counting of votes during the elections of the President, deputies of the Mazhilis of the Parliament and maslikhats, akim, and members of other local self-government bodies at all polling stations shall begin at 20:00 local time if the voting time is not changed in this area in the manner prescribed by this Constitutional Law. In the event of a change in voting time, the counting of votes begins at the end of voting.
The members of the election commission shall conduct the vote count without interruption until the establishment of voting results and shall notify about it the persons who in the compliance with this Constitutional Law are eligible to be present during the vote count. The time for vote count shall not exceed twelve hours from the beginning of counting.
The tables at which vote count takes place at the polling station shall be arranged in such a way that all persons who are present in the premise shall have a good view of the actions of the precinct election commission’s members. The proxies and observers present at vote count shall watch vote count at a distance and under the conditions providing visibility of marks in the ballots.
During the count of ballots, the chairperson of the commission or an assigned member of the commission shall demonstrate a ballot to persons, who are present at polling station, and shall announce the will the voter.
At the same time, ballots are stacked in piles for each candidate, political party that nominated the party list, in a pile for ballots with a mark in the line “Against all” and in a pile for invalid ballots.
2. The counting of votes during the elections of deputies of the Senate of the Parliament shall begin immediately after the end of voting.
3. The counting of votes is carried out separately for each candidate, each political party, ballots with a mark in the line "Against all". The ballot-boxes shall be opened by the corresponding election commission after the announcement by the chairperson of the commission of the end of voting. Opening the ballot-boxes before the end of voting shall be forbidden.
3-1. In the end of the voting, before the ballot-boxes with the ballot papers are opened, the precinct election commission on the basis of voter registers shall count the number of the voters who have received the ballot papers and shall define their total number. The chairperson of the precinct election commission or a member of the commission replacing him/her shall announce the results of the counting and shall write them in the protocol on voting results.
The portable ballot-boxes are the first to be opened. The number of the ballots in a portable ballot-box should correspond in quantity to the number of written applications to vote outside the polling station. If the number of the ballots of an established format in a portable ballot-box exceeds the corresponding number of written applications, all ballots from this box shall be recognized null and void. In such a case, it shall be required to issue an act on invalidation of all ballots taken from the portable ballot-box, with indication of the surnames, given names of the members of the commission who conducted voting outside the polling station with the help of the given portable ballot-box. The stationary ballot-boxes shall be opened after opening of the portable ballot-boxes.
4. Before opening of ballot-boxes all the unused ballot papers shall be counted and cancelled by the corresponding election commission. The election commission on the basis of the voter registers shall determine:
1) the total number of voters (electors) at the polling station;
2) the number of the voters (electors) who have received ballots;
3) the number of the ballots issued by each member of the commission.
4-1. After opening of the ballot-boxes, the election commission on the basis of the number of the ballot papers shall determine:
1) total number of the voters (electors) who have taken part in voting;
2) number of votes cast for each candidate, per each political party;
2-1) the number of ballots with a mark in the line "Against all";
3) number of the ballots recognized as null and void;
4) number of the ballots received by the precinct election commission;
5) number of the cancelled ballots.
In case the number of the ballots taken from the ballot-boxes exceeds the number of the ballots given on the basis of voter registers and applications for voting outside the polling station, it shall be required to determine the quantity of the ballots given by each member of the election commission.
5. The following ballots shall be recognized as null and void:
1) of not established format;
2) with no signature of the member of the corresponding election commission;
3) in which more than one political party and more than one candidate is noted, except for voting during the elections of members of local governments other than maslikhats;
4) which has been marked with a pencil, have traces of erasure or any other way of forgery have been detected as well as where it is impossible to determine the will of voters.
During a direct vote count the null and void ballots shall be excluded from the number of the ballots of the voters (electors) who have taken part in voting.
6. (excluded by Constitutional Law of RK dated May 6, 1999 No 375-I).
7. In case of dispute concerning the validity of ballots, the issue shall be solved by the election commission through voting. In this case the decision shall be taken by more than half of votes of the total number of the commission’s members.
7-1. The precinct election commission (territorial election commission for the election of deputies of the Senate), at the request of an authorized representative submitted in writing, shall conduct a recount of votes only once within the period established by paragraphs 1 and 2 of this article.
8. The results of vote count shall be considered by the election commission and shall be specified in the protocols signed by the chairperson and members of the election commission. In the case of absence of the chairperson of the election commission, the protocols shall be signed by the deputy chairperson or the secretary of the election commission.
It shall be inadmissible to fill in the protocols on the voting results with a pencil and in ink of different colors as well as to make any corrections in them. In this case the numerical values of the voting results must be duplicated in words.
The copy of the protocols shall be immediately hung out in the premise of the polling station in a specially designated place for a public familiarization and shall be kept in the premise within two days.
By the request of a person who according to this Constitutional Law shall be present during vote count, he/she can be issued with a copy of the protocols certified with the signatures of the chairperson and the secretary of the commission and the seal of the election commission.
8-1. A copy of the election results protocol for the electoral district shall be posted at the polling station premises for general review and shall be indoors for three days.
Optionally, a person who is present during the counting of votes in accordance with this Constitutional Law, shall be given a copy of the protocol, certified by the signatures of the chairman and secretary of the commission and the seal of the election commission.
8-2. 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).
9. If the corresponding higher election commission reveals errors, or inconsistencies in the protocols of precinct election commissions (territorial election commissions - during the elections of deputies of the Senate), as well as if there is doubt about the correctness of the count of votes, this commission shall have the right to decide on the recount of votes of voters (electors) of the corresponding precinct (territorial) election commission. The recount of votes of voters shall be carried out in the presence of a member of a higher election commission and applicants who have presented facts of incorrect counting of votes.
The vote recount shall be conducted on the basis of the decision of the election commission and shall be carried out before an official publication of the election results.
Footnote. Article 43 is with the changes introduced by the Constitutional Laws of RK dated May 6, 1999 № 375-I; April 14, 2004 № 545-II; April 15, 2005 № 44-III; June 19, 2007 № 268-III (shall be enforced from the date of its official publication); 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-VII (shall come into effect from 01.01.2023).