§ KZ Election Law Art. 50The responsibility for infringement of the legislation of the Republic of Kazakhstan on elections

1. The person shall bear the statutory criminal responsibility in case of:
1) interference in the work of the election commissions;
2) obstruction of vote;
3) obstruction of exercising the duties related to registration of the candidate or party lists;
4) obstruction of exercising the duties related to the vote count and determination of the election results;
5) use of advantage of his/her professional or official position with the purpose of electing a certain candidate or a political party;
6) forgery of election documents;
7) deliberately wrong vote count;
8) deliberately wrong determination of the election results;
9) violation of the secrecy of the ballot;
10) obstructing the free exercise of electoral rights of the citizen of the Republic by means of violence, fraud, threats and bribery.
2. The person shall bear the administrative and other responsibility stipulated by the laws of the Republic of Kazakhstan in case of:
1) non-submission or non-publication of the data according to the requirements of this Constitutional Law;
2) non-implementation of a decision of the election commission accepted within its competence;
3) the conduct of election campaign before the expiration of the period of registration of a candidate, party list nominated by a political party, on the election day or the day preceding it;
4) obstruction of the right to conduct a pre-election campaign;
5) distribution of deliberately false information about the candidates, political parties or commitment of other actions discrediting their honor and dignity;
6) violation of the rights of the election commissions’ members;
7) violation of the rights of the citizens to be familiarized with the voter registers;
8) submission of incorrect data about voters for compilation of voter registers;
9) issue to the citizens the ballot papers with the purpose of voting instead of other persons;
10) failure to provide a leave in order to take part in voting;
11) violations of the conditions for conducting election campaigning through the media, as well as online platforms;
12) publication or distribution of anonymous campaign materials;
13) intentional destruction or damage of campaign materials;
14) rendering a financial (material) support to the candidates, political parties nominated their party lists in addition to their campaign funds;
15) acceptance of donations from foreign states, organizations, citizens and stateless persons in order to elect a candidate;
16) breach of conditions for conduct of the poll connected to elections;
17) obstruction of the legal activities of the proxies of candidates, political parties, media representatives and observers at elections.
3. At detection of infringements of this Constitutional Law the election commission shall be eligible to appeal to the court or the public prosecutor's office.
4. In case of infringement by a candidate, political party of the requirements of this Constitutional Law except those, which are the subject to denial or cancellation of registration of the candidate, they shall be warned, while the repeated infringement shall lead to cancellation of the decision to register the candidate, the party list by the corresponding election commission.
Footnote. Article 50 is with the changes introduced by the Constitutional Laws of RK of May 6, 1999 № 375-I; April 14, 2004 № 545-II; as amended 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); dated 05.11.2022 № 156-VІI (shall come into effect upon the expiration of sixty calendar days after the day of its first official publication).
Chapter 9-1. Peculiarities of the conduct of elections with the use of the electronic electoral system
Footnote. The law is supplemented by chapter 9-1 - the Constitutional Law of the Republic of Kazakhstan dated April 14, 2004 № 545.
Article 50-1. The electronic electoral system
1. Electronic electoral system can be used during conduct of elections for the purposes of compilation of the voter registers, voting, determination of the voting and election results in the territory of the constituency.
During conduct of elections with the use of the electronic electoral system the norms of this Constitutional Law taking into account the peculiarities in the use of the electronic electoral system shall be applied.
2. The electronic electoral system is an assortment of information technologies, information networks, the software and hardware means designed for automation of the information processes during preparation for and conduct of elections.
The software and hardware means to be used in the electronic electoral system shall be certificated in compliance with the legislation of the Republic of Kazakhstan.
3. During conduct of elections with the use of electronic electoral system the proxies, observers and media representatives shall have the all rights and obligations stipulated by this Constitutional Law.
4. Election districts and polling stations in which the electronic electoral system or its individual elements will be used, shall be determined by the Central Election Commission.
5. The equipment of the electronic electoral system with the issuing of a certificate shall be opened and installed in the presence of the members of the precinct election commission within three days prior to the Election Day.
Proxies, observers and media representatives shall be eligible to be present at the moment of opening and installation of the equipment.
Since the moment of the installation of equipment of the electronic electoral system the protection of the polling station shall be assigned to the officers of the internal affairs bodies.
6. On the Election Day since the moment of opening of the polling station and till transmission of the voting results to the Central Election Commission the local executive bodies shall ensure an uninterrupted supply of electric power at the sites, where the electronic voting takes place.
7. The order of the use of the electronic electoral system in respect to the part, which is not regulated by this Constitutional Law, shall be stipulated by the Central Election Commission.
Footnote. Article 50-1, Clause 5 is with the changes introduced by the Constitutional Law of RK dated April 15, 2005 № 44-III; dated 29.06.2018 № 162-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 50-2. The requirements to the electronic electoral system
1. The electronic electoral system shall ensure observance of the requirements of the Constitution and this Constitutional Law as well as the authenticity, completeness and timeliness of the input and output data.
2. The electronic electoral system shall be provided with the adequate safety measures, which exclude the non-authorized access to information, malfunction of the software and hardware means for collection, processing, accumulation, storage, search and transmission of information, disability of the abovementioned means.
3. During the use of the electronic electoral system at elections it shall be not allowed:
to use other electronic systems, except for the ones specified by the Central Election Commission;
to connect it to the public telecommunication networks and other information systems as well as to the communication networks which are not applied in the electronic electoral system;
to illegally intervene and control over conduct of the e-voting, vote count, transmission of information on the election results.
4. The electronic electoral system shall include the software and hardware means (the voting data recording system), allowing automatically in accordance with the input to save any entered information with the description of actions and indication the exact time of the data input.
Article 50-3. Polling station with the electronic electoral system
1. The polling stations where the electronic electoral system are used shall be equipped in such way that ensures the persons present at the polling station with a visibility of actions during the voting with use of the electronic electoral system, except the voting in a polling booth.
2. Only an expert who received the admission to maintain the electronic electoral system in the order established by the Central Election Commission can stay at the polling station where the electronic electoral system is used.
Article 50-4. The electronic ballot paper
1. During conduct of election with the use of the electronic electoral system, voting shall be conducted with the use of electronic ballot, created by the means of the electronic electoral system.
2. The text of the electronic ballot shall be compiled in the state and Russian languages and shall comply with the requirements established in clause 1 of Article 37 of this Constitutional Law.
Article 50-5. Organization of the electronic voting
1. The chairperson of the election commission thirty minutes prior to the beginning of voting in the presence of the members of the commission shall:
check the operability of functioning of the electronic electoral system;
nominate the members of the commission responsible for registration of voters and issue of devices for electronic voting.
The proxies, observers and media representatives shall be eligible to be present during checking of the work of the electronic electoral system at the polling station.
Everyone shall be forbidden to exercise any actions with the electronic electoral system, except the cases stipulated by this Chapter.
2. Before the beginning of voting the chairperson of the election commission shall unseal the sealed password to start the electronic electoral system and shall launch the electronic electoral system. In this case the persons who are present at polling station must be ensured a possibility to be convinced beforehand of the integrity of protection measures in respect to the password.
3. A voter shall be admitted to the electronic voting on the basis of the voter registers upon submission of a document identifying the voter.
Launching of the electronic electoral system shall be conducted in the time, established by the Central Election Commission.
4. In case of voting outside the polling station according to this Constitutional Law, voters shall vote with the portable device which shall be equipped with a device to save the data about votes outside the polling station.
On the basis of voters’ applications submitted in compliance with clause 6 Article 41 of this Constitutional Act, the data about them obtained from the voter registers shall be entered beforehand in the portable devices for electronic voting.
5. The electronic voting shall be conducted by a voter in a polling booth where the presence of other persons shall be forbidden except of the voter and cases stipulated by clause 1 Article 42 of this Constitutional Law.
The voter on the electronic ballot, by using the controls of the device for electronic voting, shall find the name of the candidate for whom he wants to vote or the line "Against all", and confirm his/her vote.
When voting for political parties, the voter, by using the controls of the electronic voting device, shall find the name of the political party for which he wants to vote or the line "Against all", and confirm his/her vote.
The voter who has voted in a polling booth shall hand over the device for electronic voting to a member of the election commission.
6. In case of technical failure which may affect the conduct of the electronic voting and vote count, the election commission shall be eligible to take a decision about reloading of the program with an issuance of the protocols to be signed by members of the election commission.
Implementation of the given task shall be assigned to the expert ensuring operation of the electronic electoral system.
7. If the technical state of the equipment cannot ensure conduct of election in the proper manner, then, the voting in the corresponding polling station shall be postponed by a decision of the Central or corresponding territorial election commission for the term necessary to needed for an elimination of failure and organization of voting.
The voters who have voted in the corresponding polling station at the moment occurrence of such failure shall take part in the subsequent voting on the general basis.
Footnote. Article 50-5 is with the changes introduced by the Constitutional Law of RK dated February 9, 2009 № 124-IV; dated 05.11.2022 № 156-VII (shall come into effect from 01.01.2023).
Article 50-6. Vote count with the use of the electronic electoral system
1. In case of use of the electronic voting, the vote count shall be conducted by the electronic electoral system.
The vote count shall begin at the time fixed according to this Constitutional Law, but not earlier than the data contained in all devices for voting at the polling station shall be entered in the electronic electoral system.
The data on the vote count shall be fixed in the voting data device.
2. The information on the results of the electronic voting at the polling station shall be put into the electronic protocols, which has to be certified by the electronic digital signatures of the commission members.
The copy of the electronic protocols on the paper bearer, signed by the members of election commission shall be hung out in the premise of a polling station in a specially designated place for public familiarization and shall be kept in the premise for two days.
3. By the request of a person who according to this Constitutional Law shall be eligible to be present during vote count, shall be issued with a copy of the electronic protocols on the results of the electronic voting on the paper bearer, to be signed by the chairperson and the secretary of the commission and to be sealed by the corresponding election commission.
Article 50-7. Determination of the election results with the use of electronic electoral system