§ KZ Election Law Art. 104Registration of candidates for deputies of maslikhats

Footnote. The heading of Article 104 as amended by the Constitutional Law of the Republic of Kazakhstan dated 05.11.2022 № 156-VII (shall come into effect from 01.01.2023).
1. Registration of party lists, submitted by political parties shall be carried out by the relevant territorial election commissions.
Political parties that have nominated their party lists pay the election fee from their own funds to the account of local executive bodies in the amount of five-fold minimum wage established by the legislation of the Republic of Kazakhstan for each person included in the party list.
The election fee for the relevant territorial constituency is not paid by political parties that received five or more percent of votes from the number of voters who took part in the voting in the previous elections of deputies of the corresponding maslikhat.
A political party that received in the respective territorial constituency in the previous elections of deputies of the respective maslikhat from three to five percent of the votes of those who took part in the voting, the election fee shall be paid in the amount of fifty percent of the size of the election fee established in part two of this paragraph.
A political party that received in the respective territorial constituency in the previous elections of deputies of the respective maslikhat from one to three percent of the votes of those who took part in the voting, the election fee shall be paid in the amount of seventy percent of the size of the election fee established in part two of this paragraph.
The paid contribution is returned to the political party in cases where, following the results of the elections, the political party won at least five percent of the votes of the voters who took part in the voting, as well as in the event of the death of the only candidate included in the party list. In all other cases, the contribution made is non-refundable and is transferred to the income of the republican budget.
1-1. Registration of candidates for deputies of maslikhats in single-seat territorial constituencies shall be carried out by district election commissions.
A candidate for maslikhat deputies shall pay an electoral contribution to the account of local executive bodies as a deposit in the amount of five times the minimum wage established by the legislation of the Republic of Kazakhstan. The contribution made shall be returned to the candidate in cases where, according to the results of the elections, the candidate is elected as a deputy of the maslikhat or, according to the results of the voting, the candidate has won at least five percent of the votes of the voters who took part in the voting, as well as in the event of the death of the candidate. In all other cases, the contribution made shall be non-refundable and transferred to the income of the republican budget.
2. Before registration, the candidate and his (her) wife (husband) shall submit declarations of assets and liabilities to the state revenue authorities at the place of residence on the first day of the month of the beginning of the nomination period established in accordance with this Constitutional Law, in the manner and form established by the authorized the state body of the Republic of Kazakhstan, exercising leadership in the field of ensuring the receipt of taxes and other obligatory payments to the budget.
The reliability of information about the assets and liabilities declared by the candidate and his (her) wife (husband) shall be checked by the state revenue authorities within fifteen days from the date of registration of the candidate.
Wherein, organizations that have received the requirements of state revenue authorities to provide information about the assets and liabilities of the candidate and his (her) wife (husband) shall be required to provide the requested information within four days from the date of receipt of the request.
3. Registration of party lists shall be carried out in the presence of the following documents:
1) extracts from the minutes of the highest governing body of the relevant branch (representative office) of a political party on the nomination of a party list with an attachment of a copy of the registration document of a political party in the authorized body;
2) a citizen's statement of consent to be included in the party list;
3) biographical data about each person, included in the party list;
4) a document, confirming that the political party has paid the election fee;
5) certificates of the state revenue authority on the submission by the candidate and his (her) wife (husband) of declarations of assets and liabilities;
6) a document, confirming the membership of the person, included in the party list in the political party that nominated the list.
3-1. Registration of a candidate from a political party, public association, or their structural subdivisions (branches and representative offices) shall be carried out in the presence of the following documents:
1) extracts from the minutes of the highest governing body of a political party, public association, and their structural subdivisions (branches and representative offices) on nominating a candidate for the relevant constituency with an extract from the charter confirming the right to nominate structural subdivisions (branches and representative offices), a copy of the registration document political party, public association in the Ministry of Justice of the Republic of Kazakhstan, registration of structural subdivisions (branches and representative offices) in the territorial bodies of justice;
2) statements of a citizen about his/her consent to run as a candidate for deputy in this constituency from the political party, or public association that nominated him/her;
3) biographical information about the candidate;
4) certificates of the state revenue authority on the submission by the candidate and his (her) wife (husband) of declarations of assets and liabilities;
5) a document confirming that the candidate has made an election contribution.
Registration of a candidate in case of his/her self-nomination shall be carried out in the presence of the following documents:
1) declarations of intent to run as a candidate in this constituency;
2) biographical information about the candidate;
3) certificates of the state revenue authority on the submission by the candidate and his (her) wife (husband) of declarations of assets and liabilities;
4) a document confirming that the candidate has made an electoral contribution.
Any number of candidates for maslikhat deputies shall be allowed for registration.
4. Only one list from one political party shall be allowed for registration in a territorial constituency, in which the number of women and youth in aggregate must be at least thirty percent of the total number of persons included in it.
5. On the registration of party lists and candidates for deputies of the maslikhat, the relevant election commission shall draw up a protocol, which is submitted to a higher or territorial election commission within five days.
6. Territorial election commission:
1) not later than on the seventh day after the registration of party lists, publish in the local mass media a notice of registration indicating the name of the political party and the number of persons included in the party list, as well as the last name, first name, patronymic (if it is indicated in the document certifying personality), year of birth, position held (occupation), place of work and residence of each person included in the party list;
2) upon registration, shall issue an appropriate certificate to candidates;
3) shall refuse to register or cancel the decision on registration of the party list in the following cases of:
violation by a political party of the rules for the nomination of a party list, failure to submit the necessary documents for registration;
conduct by a political party that nominated a party list, candidates nominated by it, and its proxies of election campaigning before the end of the registration period;
establishment by the court of the fact that the candidate and (or) his agents have disseminated false information discrediting the honor and dignity of another candidate, damaging his business reputation;
dropout from the party list of persons, constituting more than fifty percent of the entire party list;
establishment by the court of the facts of bribing of voters by a political party that nominated a party list, or its agents;
in other cases, established by this Constitutional Law.
Cancellation of a decision on registration of a party list or restoration of a party list previously withdrawn from registration two days before voting day shall not be allowed;
4) shall make a decision on exclusion of a person, included in the party list from this list in the following cases:
non-compliance of the person, included in the party list with the requirements for the candidate, imposed by the Constitution of the Republic of Kazakhstan and this Constitutional Law;
detection at the time of filing the declaration of the unreliability of information about the assets and liabilities declared by the candidate or his (her) wife (husband) in accordance with the legislation of the Republic of Kazakhstan on combating corruption;
the use by a person, included in a party list, of official position in his election campaign;
conduct by a person included in the party list of an election campaign before the end of the registration period for the party list;
establishment by the court of the facts of bribing of voters by a person, included in the party list or his authorized representatives;
in other cases, established by this Constitutional Law.
The decision to exclude a person, included in the party list from this list may be appealed by a political party that nominated the party list, or by a person, excluded from the party list, to a court whose decision is final.
The decision making to exclude a person, included in the party list, two days before a voting day shall not be allowed.
6-1. District Electoral Commission shall:
1) not later than on the seventh day after the registration of candidates in single-mandate territorial electoral districts, publish in the local mass media notice on the registration of candidates indicating the last name, first name, and patronymic (if it is indicated in an identity document), year of birth, position held (occupation), place of work and residence of each candidate, as well as, depending on the candidate's discretion, information about his/her affiliation to a political party, public association and nationality;
2) at the time of registration, issue an appropriate certificate to candidates in single-seat territorial constituencies;
3) refuse to register or cancels the decision to register a candidate for single-seat territorial constituencies in the following cases:
violation by a political party, a public association, their structural subdivisions (branches and representative offices), a candidate of the rules for nomination, failure to submit the necessary documents for registration;
conduct by a political party, public association, their structural subdivisions (branches and representative offices), candidates nominated by them, self-nominated candidates, as well as proxies of election campaigning before the end of the registration period;
establishment by the court of the fact that a political party, public association, their structural subdivisions (branches and representative offices), a candidate and (or) proxies spread false information discrediting the honor and dignity of another candidate, undermining his business reputation;
establishment by the court of the facts of bribing voters by a political party, public association, their structural subdivisions (branches and representative offices), candidates nominated by them, self-nominated candidates, as well as proxies;
compliance of the candidate with the requirements imposed on him by the Constitution and this Constitutional Law;
use by the candidate of official or official position in his/her election campaign;
other cases established by this Constitutional Law;
4) cancel the decision to register a candidate if, at the time of filing the declaration, the information on assets and liabilities declared by the candidate or his (her) wife (husband) is revealed to be unreliable in accordance with the legislation of the Republic of Kazakhstan on combating corruption.
Cancellation of the decision to register a candidate or restoration of a candidate previously removed from registration two days before voting day shall be prohibited.
7. Refusal to register or cancellation of the decision to register a party list or candidate may be appealed to a higher election commission or court within seven days. In case of refusal to register or cancel the decision on registration of a candidate nominated by a political party, public association, or their structural subdivisions (branches and representative offices) in single-member territorial constituencies, such a decision may be appealed both by the candidate himself and by the political party, public association, their structural subdivisions (branches and representative offices) that nominated the candidate. Wherein, the higher election commission or the court shall decide on the complaint within seven days from the date of filing the complaint.
8. Registration of party lists, and candidates shall begin sixty days before voting day and end at eighteen o'clock local time twenty-five days before election day, unless otherwise specified when calling elections.
Footnote. Article 104 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); as amended by the Constitutional Law of the Republic of Kazakhstan dated May 25, 2020 № 335-VI (shall be enforced ten calendar days after the day o