§ KZ Election Law Art. 97Establishment and publication of the election results of the Mazhilis deputies

1. The results of the elections of deputies of the Mazhilis in the whole Republic shall be established by the Central Election Commission within ten days from the date of the elections.
2. (excluded by the Constitutional Law of RK dated June 19, 2007 № 268-III.);
3. Other issues related to determination and publication of the election results shall be solved in compliance with the rules established in the General part of this Constitutional Law.
Footnote. Article 97 is with the changes introduced by the Constitutional Law of RK dated May 6, 1999 № 375-I; dated 14 April, 2004. № 545; dated 19 June, 2007 № 268 (shall be enforced from the day of its official publication); dated 05.11.2022 № 156-VII (shall come into effect from 01.01.2023).
Article 97-1. Distribution of deputy mandates following the results of voting by party list
1. The Central Election Commission calculates the sum of the votes of voters cast in the territory of a single nationwide constituency for each party list that received five or more percent of the votes of voters from the number of those who took part in the vote. The sum of votes cast for political parties that have overcome the 5% threshold is divided by the number of deputy mandates to be distributed. The result obtained is the first selective quotient (quota).
2. If five percent of the votes of the voters who took part in the voting were received by only one political party, then the list of the indicated political party, as well as the party list of the party that received the next largest number of votes of the voters who took part in the voting, is allowed to distribute deputy mandates.
The amount of votes cast for two political parties shall be divided by the number of deputy mandates to be distributed. The result received shall be the first electoral quotient (quota).
3. The number of votes received by each party list participating in the distribution of deputy mandates shall be divided into the first electoral quotient.
The number of votes received by the list of the party that did not overcome the 5% threshold and participates in the distribution of mandates in accordance with paragraph 2 of this article is divided by the first electoral quotient and multiplied by a correction factor of 0.7.
The integer part obtained as a result of dividing the number shall be the number of deputy mandates received by the corresponding political party that formed the party list.
A political party that has not overcome the five percent barrier and participates in the distribution of mandates in accordance with paragraph 2 of this article shall receive at least two mandates.
4. If after the actions performed in accordance with paragraph 3 of this article, there are undistributed mandates, they shall be redistributed. Undistributed mandates shall be transferred one by one to those party lists that have the biggest fractional part (remainder) of the number obtained as a result of the division in accordance with paragraph 3 of this article. In case of equality of the biggest part, the priority shall be given to the party list registered earlier.
When distributing mandates in accordance with paragraph 2 of this article, undistributed mandates are transferred to that party list that, following the results of voting, has overcome the five percent barrier.
5. The sequence of distribution of deputy mandates shall be determined by the governing body of a political party from among the candidates included in the party list in accordance with paragraph 4 of article 89 of this Constitutional Law no later than ten days from the date of publication of the election results.
If the governing body of a political party, within the time limits, established by part one of this paragraph, does not determine the order of distribution of the received deputy mandates, by the resolution of the Central Election Commission, the deputy mandates received by the party shall be distributed according to the registered lists in alphabetical order of the state language.
When distributing deputy mandates, the number of representatives of three categories: women, youth, and persons with disabilities - in aggregate should be at least thirty percent of the total number of deputy mandates received by the party.
6. In the event of an early dropout of a deputy, his mandate, by a resolution of the Central Election Commission, shall be transferred to the next candidate, determined by the governing body of a political party from among those included in the list of a political party in accordance with paragraph 5 of this article. In this case, the requirements of part three of clause 5 of this article must be met.
If there is no remaining candidate in the relevant party list, the mandate shall remain vacant until the next election of deputies of the Majilis.
Political parties shall have the right to change the order of candidates on party lists by submitting a written application about this and an extract from the minutes of the meeting of the governing body of the political party to the Central Election Commission.
Footnote. The law shall be supplemented by Article 97-1 in accordance with the Constitutional Law of the Republic of Kazakhstan dated 06.05.1999 № 375; as amended by the Constitutional Law of the Republic of Kazakhstan dated 09.02.2009 № 124-IV (the order of enactment see Article 2); as amended by the Constitutional Law of the Republic of Kazakhstan dated May 24, 2021 № 41-VII (shall be enforced ten calendar days after the day of its first official publication); dated 07.02.2022 № 105-VII (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 05.11.2022 № 156-VII (shall come into effect from 01.01.2023).