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Draft Law of the Kazakhstan Republic on Introducing Amendments to the Decree of the President of the Republic of Kazakhstan "On the Election in the Kazakhstan Republic" to be enforced as the Constitutional Law Article 1. To amend the Presidential Decree of the Kazakhstan Republic, to be enforced as the Constitutional Law, dated September 28, 1995, No. 2464 "On Elections in the Kazakhstan Republic" (Vedomosti of the Kazakhstan Republic Supreme Council, 1995, No. 17-18, p. 114) as follows: The titles of articles 45, 46, clause 1 of article 3, clause 2 of article 4, clause 1 of article 5, article 6, article 8, clause 1 of article 9, sub clauses 2), 5), 6), 9), 10), 11) of article 12, clauses 1, 3 of article 13, subclause 2 of article 14, clauses 1, 3 of article 17, subclause 1) of article 18, clause 9 of article 20, clause 6 of article 28, clause 1 of article 29, subclause 1 of clause 5 of article 30, clause 1 of article 33, clause 1 of article 34, clause 1 of article 35, clause 1 of article 38, clause 1 of article 39, clause 1 of article 40, clause 8 of article 41, clause 1 of article 43, clause 1, subclause 1) of clause 4, clause 5 of article 44, article 45, clause 1 of article 46, clauses 1, 2, 3 of article 47, article 51, clauses 1, 2 of article 52, clauses 1, 2, 3 of article 53, clauses 1, 2, 3 of article 54, clauses 1, 2, 3,4 of article 55, clauses 1, 2, 3, subclause 2) of clause 6, clauses 7, 8 of article 56, article 57, clauses 1-6, subclauses 1, 7 of clause 8 of article 59, clauses 1, 2 of article 60, clauses 1, 2 article 61, clause 1 of article 62, clause 1 of article 63, clauses 1, 3 of article 64, clause 1 of article 65, clauses 2, 3 of article 66, article 67, clause 1 of article 68, clause 5 of article 101, clause 2 of article 128, the word "President" in the respective case to be changed by the words "President of the Republic" in the respective case. In the title of chapter 13, clauses 1 and 3 of article 3, clauses 1 and 2 of article 5, article 6, clause 1 of article 7, article 8, clause 1 of article 35, clause 3 of article 40, subclause 5) of clause 1, clause 5 of article 42, clause 1 of article 50 the word "Republic" to be excluded. In the title of chapter 14 the words "Republic of Kazakhstan" to be excluded. In clause 2 of article 3 the words "Parliament of the Republic" to be excluded. In clause 2 of article 4, clause 1 of article 5, article 6, clause 1 of article 7, subclause 1) of clause 1 of article 9, subclause 2) of article 12, of clause 1 of article 15, subclauses 2), 10) of article 16, clause 1 of article 17, subclause 1) of article 18, clause 4 of article 21, clause 9 of article 24, clause 6 of article 28, clause 1 of article 34, clause 8 of article 41, clauses 1, 2 of article 43, clause 1 of article 53, clause 5 of article 101, clause 1 of article 128, the word "Parliament" to be excluded. In clause 2 of article 4, clause 3 of article 7 after the word "Constitution" the words "and by this Decree" to be added. In subclauses 8) and 10) of article 12, clause 3 of article 13, subclauses 5), 9), 11) of article 14, clause 3 of article 15, subclauses 5), 9) of article 16, clause 3 of article 17, clause 2 of article 22, clause 5 of article 23, clause 2 of article 26, clauses 3, 7 of article 28, subclause 2) of clause 2 of article 33, clause 4 of article 34, subclauses 1), 2) of clause 4 of article 44, clauses 2, 3 of article 46, subclause 1) of clause 7 of article 59, clause 2 of article 63, clause 4 of article 64, subclause 2) of clause 6 of article 73, clause 3 of article 80, subclause 1) of clause 6 of article 89, clause 2 of article 95, clause 3 of article 96, clause 6 of article 101, subclause 1) of clause 6 of article 104, clause 2 of article 109, clause 3 of article 110, clause 3 of article 114, subclause 1 of clause 6 of article 118, clause 3 of article 124 after the words "mass media" in the respective case, the words "financed from the republican or local budget" in the respective case to be added, separated by a coma. In the titles of articles 11 and 12, subclause 1) of clause 2 of article 10 the word "Republic" to be replaced by the words "Republic of Kazakhstan". Subclause 5) of article 12, subclause 3) of article 14 after the words "their decision" to be added by the words "contradicting the legislation on the election, equally". In subclause 7) of article 12, subclause 4 of article 14, subclause 8 of article 16 the words "entitled to hear" to be replaced by the word "hears". In clause 1 of article 13, clause 1 of article 15, clause 1 of article 17 the word "akims" to be replaced by the word "maslikhats". Article 2 shall have the following wording: "Article 2. Freedom and Openness of the Election. 1. Election in the Republic is based on the free performance by the citizens of the Republic of their right to elect and be elected. 2. In order to ensure in the Republic fair election and goodwill competition of candidates, all of the election procedures, starting with organization of election bodies and ending by determination of election results, shall be open. The state shall create conditions for active participation in the election campaign of the candidates’ representatives, mass media people, accredited observers from public associations, foreign states and international organizations, providing them with relevant powers. The work of election bodies of all levels shall be performed openly and under public control. Court defense of the rights and interests of the candidates to the President of the Republic, Parliament Deputies, maslikhats, members of local self-governing bodies, is guaranteed." Clause 3 of article 5 shall have the following wording: "3. Candidates participate in the election on equal basis and have equal rights according to the Constitution of the Republic and this Decree. Receiving by a candidate of any direct or indirect privileges by using his position in the state bodies or local self governing bodies, including those of election, is prohibited and may lead to cancellation of such a candidate’s registration by respective election commission or the election may be considered void.". Paragraph 4 of subclause 2) of clause 1 of article 9 shall have the following wording: "- having gained at run-off voting while balloting of a single candidate more than fifty percent of votes of the electorate (voters) who have taken part in the voting, excluding election of the President of the Republic, at which balloting of a single candidate is not allowed.". Clause 3 of article 10 shall have the following wording: "3. Term of office of election commissions is six years as of the moment of termination of the powers of previous election commission. New election commissions shall be organized by the relevant representative bodies not later than a month prior to the date of powers termination of the previous election commissions. The representative bodies which have established election commissions and elected members thereto, shall be entitled during the whole of the period of powers of election commissions to replace members thereof by the reasons listed in clause 3 of article 19 of this Decree. Replacing members of election commissions by any other reasons is not permitted." In article 10, clause 3 shall be added with a new clause 4 containing the following: "4. Number of members of election commissions shall be determined at election thereof by the relevant representative bodies pursuant to this Decree and can’t be an even number." Clause 4 of article 10 to be considered as clause 5 with the following wording: "5. Decisions on establishing election commissions, their membership and locations shall be published in mass media financed from republican or local budgets. During election campaigns, information on membership, location and working procedures of election commissions shall be published not later than within three days following announcement of election, and people shall have free access to it at any time." Clause 5 of article 10 shall be clause 6. Clause 2 of article 11 shall have the following wording: "2. Central election commission shall be comprised of the Chairman, vice-chairman, secretary and twenty two members of commission to be elected and dismissed by Mazhilis upon presentation of the President of the Republic. Not less than two candidates shall be presented to the positions of Chairman, vice-chairman and secretary of the Central election commission. Number of candidates being presented to the members of the Central election commission must exceed the listing number of its members. Factions and deputies’ groups of Mazhilis, as well as registered in the established procedure political parties, have the right to suggest to the President of the Republic nominees to be presented as candidates to the Central election commission members." Clause 3) of article 12 shall have the following wording: "3) according to the number of voters, residing in the territory of the administrative-territorial units, shall organize in their territory single-mandate election districts on election of deputies to Mazhilis, and shall publish the list of such districts in mass media, financed by republican or local budgets;" In subclause 15) of article 12 the words, "for their activity" shall be replaced by the words "for compliance of their activity to the requirements of the legislation on election;" Subclause 16) of article 12 shall be excluded. Subclause 17) of article 12 shall be subclause 16), in the following wording: "16) executes other powers pursuant to the Constitution and laws of the Republic". Clause 2 of article 13 shall be added with the following sentences: "Chairmen, vice-chairmen, secretaries and members of territorial election commissions shall be elected to the posts and dismissed by maslikhats upon presentation of respective akims. For the positions of the Chairman, vice-chairman and secretary of a territorial election commission not less than two candidates to each shall be presented. The number of candidates being presented to the members of a territorial election commission must exceed the listed number of its members, determined by respective maslikhat." In clause 3 of article 13, clause 3 of article 15, clause 3 of article 17 the words "appointment or declaration of election by the akims which have established them" shall be replaced by the words "their establishment". Clause 2 of article 15 shall be added with the following sentences: "Chairmen, vice-chairmen, secretaries and members of district election commissions shall be elected to office and dismissed by maslikhats upon presentation of respective akims. For the positions of the Chairman, vice-chairman and secretary of a district election commission not less than two candidates to each shall be presented. The number of candidates being presented to the members of a district election commission must exceed the listed number of its members, determined by respective maslikhat." Subclause 3) of article 16 after words "their decision" shall be added with words "contradicting legislation on election;" separated by coma. Clause 2 of article 17 shall be added with the following sentences: "Chairmen, vice-chairmen, secretaries and members of local election commissions shall be elected to office and dismissed by maslikhats upon presentation of respective akims. For the positions of the Chairman, vice-chairman and secretary of a local election commission not less than two candidates to each shall be presented. The number of candidates being presented to the members of a local election commission must exceed the listed number of its members, determined by respective maslikhat." First paragraph and subclause 1) of clause 1 of article 19 shall have the following wording: "1. Member of election commission shall have the right to:
In subclauses 2), 3), 4) the word "shall be entitled" must be deleted. Clause 2 of article 19 shall have the following wording: "2. Term of office of an election commission member is limited by the term of powers of the election commission". Article 19 after clause 2 shall be added with a new clause 3 of the following contents: "3. Grounds for early termination of the powers of an election commission member shall be:
Clause 1 of article 20 after words "collective decision making" shall be added by words "and openness". Clause 3 of article 20 after words "not less than one third of the commission’s members" shall be added with the following sentence: "Announcement on the coming meeting must be hang out for people’s observance in the premises of the election commission not later than 24 hours before such a meeting, or must be communicated in any other way to those who is entitled to be present at the commission’s meetings". Article 20 after clause 3 shall be added by new clause 4, 5, 6 of the following contents: "4. Candidates registered in the respective district, their attorneys, mass media representatives, accredited observers from public organizations, foreign states and international organizations. The listed persons are also entitled to:
Interference by representatives and observers in the work of election commissions is prohibited. 5. Access to meetings of election commissions of mass media representatives, observers from public organizations, foreign states and international organizations shall be allowed if their right to do so is duly drafted. A representative of mass media must get a respective assignment from his or her editor. Observer of a public association must get an instruction from the leaders of the association. The chairman or secretary of an election commission must endorse and stamp the instruction, which would mean accreditation of an observer. Refusal to accredit an observer may be appealed in the higher election commission or in court. 6. Powers of observers from foreign countries and international organizations must be approved in the procedure established by the Central election commission. Observers must be accredited by the Central election commission if they have invitation of the state authorities of the Republic." Clause 4 of article 20 shall be considered as clause 7. Clauses 5, 6, 7, 8, 9 of article 20 shall be considered as clauses 8, 9, 10, 11, 12, in the following wording: "8. Decisions of election commissions shall be considered adopted by the majority of members of the commissions who took part in the voting. Members of commission who are against its decision, shall have the right to speak out their special opinion, which shall be made in writing and attached to the record of the commission’s meeting. 9. Decisions and actions of election commissions may be appealed in the higher election commission or in court of the respective election commission location, unless the Special part of this Decree provides otherwise. Preliminary appealing to the higher election commissions is not considered as a requirement for appealing to court. Courts consider complaints on decisions and actions of election commissions within seven days period, unless the Special part of this Decree provides otherwise, and during the last week before the voting – immediately and makes final decisions. Positive for a claimant decision of the court shall be immediately executed by respective election commission. Failure to execute or improper execution of the court decision shall be the reason to consider election in respective territory, region or district invalid. 10. State bodies, organizations, local self-governing bodies, as well as their officials, shall be obliged to assist election commissions in execution of their powers, provide them with all necessary information and materials, reply to requests of election commissions within three days’ period, and during the last week before voting and on the day of voting to do so immediately. 11. Persons, being members of election commissions, for the period of preparation to and holding of election may be released from their industrial or office duties with compensation of average wages at the expense of cash funds granted to hold the election. 12. Candidates to the President of the Republic, candidates to deputies of the Parliament, maslikhats and members of local self-governing bodies, as well as spouses and close relatives of candidates, persons being under their direct supervision or any other dependence, can not be members of election commissions. Election commissions having as their members any of the indicated persons, shall suspend their powers by adopting a respective decision, as of registration of such a candidate and till publication of the election results. Member of election commission, being elected as the President of the Republic, deputy of the Parliament or maslikhat, member of local self-governing body, is obligated to relinquish his powers as irrelevant pursuant to the Constitution and laws of the Republic to the status of the President of the Republic, deputy of the Parliament, maslikhat and member of local self-governing body." In clause 2 of article 21 the words "twenty five" shall be replaced by the word "ten". Clause 1 of article 22 after the words "election commissions" shall be added with words "on the basis of information given by akims on the number of electorate, residing in the territory of relevant administrative-territorial units. Scheme of electorate regions for election of Mazhilis deputies shall be approved by the law." Clause 3 of article 22 shall be deleted. In clause 3 of article 23 the word "capital" shall be deleted. Clause 1 of article 24 shall have the following wording: "1. Electorate lists shall be constant and are subject to annual reconsideration. Lists of voters shall be compiled at election of deputies to Senate." Clause 5 of article 24 shall be added with the following sentence: "Lists of electorate, indicated in clause 6 - 8 of this article, shall be compiled not later than in ten days following appointment or announcement of election and shall be checked up every week". In clause 7 of article 24 the word "information" shall be replaced by "information on the electorate". In clause 8 of article 24 after the word "data", the words "on the electorate" shall be added. Clause 10 of article 24 shall have the following wording: "10. As of the beginning of voting, local electorate commission shall have the right to introduce changes to additional list of voters only if there are grounds to do so pursuant to this Decree. Changing lists of electorate (voters) after termination of election is prohibited". In subclause 1) of clause 1 of article 25 the word "citizens" shall be replaced by words "all of the citizens". In subclause 2) of clause 1 of article 25 the word "compiling" shall be replaced by words "compiling or reconsideration". In clause 4 of article 26 the words "to respective court at the location of the election commission, which shall consider complaint within three days, and on the eve and on the day of election - immediately, and shall adopt a final decision. At positive for the compliant decision, amending the list of electorate (voters) or including of outside voter in an additional list shall be made by election commission immediately" shall be replaced by the words " to court". Clause 1 of article 27 shall have the following wording: "1. Pre-election agitation for and against candidates to President of the Republic, to deputies of Parliament and maslikhats, members of local self-governing bodies, shall start as of the registration date of candidates and end at midnight by local time of the date preceding the date of election. Agitation calling exclusively to participate in the election, shall not be considered as pre-election agitation in the context of this Decree". Clause 2 of article 27 shall be added with subclause 4) of the following contents: "4) in other not prohibited by the legislation of the Republic forms" Clause 3 of article 27 shall have the following wording: "3. The following persons shall be prohibited to hold pre-election agitation, produce and distribute any agitation pre-election materials:
3) members of election commissions". Clause 4 of article 27 after words "through mass media" shall be added with the following words separated by coma: "in which they work. This provision shall not prevent them from continuing their professional activity, neither from their performance on equal terms with other candidates of pre-election agitation through mass media and by any other ways provided for in this Decree". In clause 1 of article 28 the word "right" shall be replaced by the words "equal right". In clause 2 of article 28 the words "have right to agitation" shall be replaced by the words "have equal right to carry out pre-election agitation". Clauses 3, 4, 5 of article 28 shall have the following wording: "3. The state guarantees to candidates an option to speak out their programs in mass media financed from republican or local budget. Each candidate shall have equal right with other candidates to a single fifteen minutes speech on the state television, single ten minutes speech on the state radio, as well as to publication of two articles in the state printed mass media in the amount established by the Central (territorial) election commission. Contents and form of such speeches shall be determined by the candidate himself. Turn of each candidate’s speech shall be determined by agreement between them or their attorneys, the fact of which shall be evidenced by respective election commission. In the event if such agreement is not reached within three days as of the moment of negotiations started, turn of speeches shall be determined by draw to be held by respective election commission. It is prohibited to interrupt speeches of candidates or accompany them by any comments. 4. Respective election commissions shall grant equal amounts of cash assets to candidates for holding public pre-election actions. State bodies and local self-governing bodies are obligated to offer all possible assistance to candidates providing them with equal conditions of organizing and holding public pre-election actions. Application for provision of premises and other conditions for holding such actions shall be considered by local ĺőĺcutive bodies within three days period as of the date of submitting thereof and shall be resolved in the procedure established by agreement between the candidates or their attorneys, which must be evidenced by respective election commission. In so doing, premises and other material objects which may be used for holding public actions and which are being the republican or communal property, property of state organizations shall be provided to all candidates on equal terms and free of charge. 5. For printing posters, leaflets, proclamations and other agitation printed materials, respective election commissions shall grant the candidates with equal amounts of money. All agitation printed materials must contain information on organization that has printed such materials, location where they were printed and number of copies, persons responsible for printing thereof. Distribution of anonymous agitation materials is prohibited. Agitation printed materials may be placed in any premises, on any building, construction or any other object upon consent of the owner or possessor of such objects. Consent on placing such agitation materials given to any of the candidates, shall automatically relate to all of the rest of the candidates. It is prohibited to place agitation materials on monuments, obelisks, buildings and constructions of historical, cultural or architectural value, as well as in the premises of election commission and voting room". In clause 7 of article 28 the words "State printed materials of the highest state bodies of the Republic, as well as press" shall be replaced by words "Printed mass media of the highest state bodies of the Republic, as well as periodical press". In clause 1 of article 29 the words " social, racial, national, religious, casting and ancestry privilege" shall be replaced by the words "social, racial, national, religious, casting and ancestry differences". In clause 2 article 29 the words "have the right to" shall be replaced by the words "have the right by their decision to". In subclause 1 of clause 5 of article 30 the words "Senate" shall be deleted. In clause 6 of article 30, clause 6 of article 31 the words "or under personal initiative" shall be replaced by the words "or prior to the term – under personal initiative". Clause 1 of article 31 after the words "election commissions" the words "as well as with other candidates and their attorneys" shall be added separated by comma. Clause 2 of article 34 shall be added with the following sentence: "Refusal in registration of an electorate fund may be appealed in court". In subclause 1 of clause 3 of article 34 the word "personal" shall be replaced by the word "private". Â clause 7 article 34 the words " citizens or entities that have deposited them" shall be replaced by the words "citizens or entities that have deposited them" [translator – change of case in Russian]Clauses 9, 10 of article 34 shall have the following wording: "9. Not later than within five days following calculation of the election results, the candidate shall be obligated to submit to the relevant electorate commission a report on disposal of his electorate fund assets. The cash assets in the electorate fund, that have not been spent for the purposes of the electorate campaign, shall be transferred to the republican budget". 10. Any breach by the candidate of the rules provided for in this article, as well as of the established by the Central Electorate Commission procedure for expenditure of assets accumulated in the electorate fund, shall lead to cancellation of the decision on registration of the candidate or recognition of the election in relevant territory, region or location invalid". Article 36 after clause 3 shall be added with a new clause 4 of the following contents: "4. Candidates, their attorneys, public organizations and mass media shall have the right to request from the election commissions information on the issues of expenditure of money that has been granted to hold election campaign". Clause 1 of article 37 shall have the following wording: "1. Each voter receives a voting ballot in order to vote. The form and text of a voting ballot shall be approved by the Central election commission not later than 30 days prior to the election. Text of a voting ballot must be placed only on one side of the voting ballot." Article 37 after clause 1 shall be added with a new clause 2 of the following contents: "2. A voting ballot shall contain in the alphabetical order last names, first names and middle names of all registered candidates. In the event of a candidate being promoted by a public association, the name of such a public association must be noted. If a candidate has been promoted directly by the electorate, his political belonging is indicated only upon will of the candidate". Clauses 2, 3, 4, 5 of article 37 shall be considered as clauses 3, 4, 5, 6 respectively. In clause 1 of article 39 the words " sufficient quantity of cabins" shall be replaced by the words "sufficient quantity of cabins or rooms". Clause 2 of article 39 shall have the following wording: "2. People in the premises for voting must strictly follow the rules established by this Decree. The chairman of respective election commission shall bear responsibility for the orderly conduct and has the right to request from anyone who violates the provisions of this Decree, to leave the premises. Actions of the chairman of the commission may be appealed in court". Clause 3 of article 40 shall have the following wording: "3. When places and locations for voting are being opened, the following persons may be present at each place and location: one attorney from each candidate on ballot, one representative of each mass medium if they have a relevant editor’s assignment, as well as one observer from each public association and observers from foreign states and international organizations accredited at the relevant election commission.". In subclause 4) of clause 1 of article 42 the words "journalist - representative" shall be replaced by the word "representative". Clause 2 of article 42 shall be added with the following sentence: "If a voter votes against all of the candidates, except for the election to the local self-governing bodies, he/she may cross out the last names of all of the candidates, or just cross out the voting ballot, or write anywhere on the ballot the words "against all of the candidates".". Clause 5 of article 42 shall have the following wording: "5. During the voting at every precinct, election polling place, and also during the counting of votes and determining the voting results one attorney may be present on behalf of each candidate participating in the elections, also may be present one representative from each media outlet, including one filming crew from each TV or radio channel, also may be present one observer from public entities, foreign countries and international organizations each, if they have been properly registered with the appropriate election commission. The candidates have no right to be present at the place of voting, excluding the time necessary for carrying out their own voting right." Clause 4 of article 43 following subclause 4 to be supplemented with a subclause 5 of the following wording: "5) the number of votes cast against all candidates, excluding elections to the local bodies of self-government;". Subclause 5 of clause 4 of article 43 is deemed to be subclause 6. Subclause 6 of clause 4 of article 43 is to be deleted. Clause 6 of article 43 shall have the following wording: "6. During the elections into the bodies of local self-government are ballots in which the voters voted against all candidates are deemed valid, however, they are not included in the votes total." In clause 5 of article 44 after the words "votes cast "for" each candidate" after the semicolon insert the following wording: "in the elections into the bodies of local self-government". In clause 2 of article 46 the words " Central election committee following publication" are to be replaced with the following with the following wording: "Central election committee within ten days following the official publication". In clauses 1 and 2 of article 47 the word "maslikhats" is to be replaced by the word "maslikhats" . [Translator – case change] Article 49 shall have the following wording: "The courts and prosecutor’s offices must accept complaints and grievances of members of election committees, citizens, representatives of mass media and public organizations, which deal with conducting of elections, including violations of legislation regarding elections, which are submitted during the period of conducting and preparations to conduct elections, such complaints and grievances are to be considered in the course of seven days, and those which are submitted in the last week before the elections and on the election day, must be considered immediately. In clause 5 of article 55 the word "prolongs" shall be replaced by the wording: "shall prolong". Article 58 shall have the following wording: "1. The election fund contains:
2. The total amount of the candidate’s election fund may not exceed the established level of the minimal wage by more than thirty thousand times." Clause 2 of article 59 shall have the following wording: 2. The Candidate for the President of the Republic prior to registration and following the appropriate confirmation in accordance with demands of the Constitution as well as this Decree, and following the confirmation of signatures collected on his behalf, the candidate deposits an election pledge amounting to a minimal wage established by legislation. multiplied by five thousand. The amount of the election pledge is not included in the total election fund of the candidate. Following the conclusion of elections the submitted pledge is returned to the candidate, which is elected President. In all other instances the election pledge is not subject to being returned and is placed into the income of the Republican budget.". In subclause 5) of clause 5, subclause 4) of clause 6 of article 59, subclause 5) of clause 4, subclause 4) of clause 5 of article 73, subclause 4) of clause 2, subclause 3) of clause 3 of article 89 the words "election fee" shall be replaced by the words "election pledge". In subclause 3) of clause 7 of article 59 the words "as well as in other cases, established by this Decree" shall be deleted. Article 63 shall have the following wording: "1. If voting ballot contains more than two candidates to the President of the Republic and none of them has been elected, the Central election commission shall appoint a repeat voting on the election of the President of the Republic of two candidates who has gained the majority of votes. 2. If prior to holding a repeat voting there is one candidate left to the post of the President of the Republic, the second candidate for holding a repeat voting shall be considered the candidate who has gained in the first round the majority of votes of the electorate after the candidates regarding whom the Central election commission has appointed a repeat voting at first. If there is no second candidate to hold a repeat voting, such a voting shall not be held and the election shall be deemed void. 3. A repeat voting shall be held not later than within two months period in compliance with the requirements of this Decree. It shall be informed in mass media, financed by republican or local budgets, on holding a repeat voting. 4. A repeat voting shall be deemed valid if more than fifty percent of electorate have taken part in the voting." Clause 1 of article 64 shall have the following wording: "1. In the event of election to the President of the Republic is deemed void or invalid, as well as if during the first round more than fifty percent of voters who took part in the voting, voted against all of the candidates, or if a repeat voting did not determined the elected President of the Republic, the Central election commission shall appoint a repeat election of the President of the Republic. Candidates to the President of the Republic, who were on ballot previously, shall not participate in the repeat election". Subclause 3) of clause 2 of article 65 shall be deleted. Clause 3 of article 68 shall have the following wording: "3. In the event if the Constitutional Council recognized the election of the President of the Republic as invalid in those locations (administrative-territorial units) where violations of the Constitution have been discovered, the Central election commission shall adopt a decision on recognizing the election as invalid in the relevant locations (administrative-territorial units). Records of election commissions stating the results of calculating the votes at relevant locations (administrative-territorial units) shall not be taken into account by the Central election commission at determining the results of the election of the President of the Republic. In so doing, if the total number of citizens included in the lists of voters at the relevant locations (administrative-territorial units) exceeds the difference between the number of votes for each of the candidates, election of the President of the Republic shall be deemed invalid." Clause 2 of article 73 shall have the following wording: "2. Candidate to the deputies of Senate, prior to registration and after his being checked for compliance with the requirements set by the Constitution and this Decree, as well as after the signatures collected in his support have been checked, shall from his own money deposit to the account of the Central election commission the election pledge in the amount of minimal wages established by the legislation multiplied by five hundred. After the results of the election is made, the depost made by the candidate elected to the deputies of the Senate shall be returned to him. In all other cases, the election deposit is not subject to refund and is turned to the income of the republican budget.". In clause 7 of article 73 the words "In so doing, the complaint shall be considered within a seven days period as of the date of its being submitted" shall be deleted. Article 79 shall have the following wording: "Article 79. Holding of a new joint meeting at the election of a deputy to the Senate If at the joint meeting on election of a depute to the Senate, less than fifty percent of total number of deputies from each of the district, city and regional maslikhats of the region, city (cities of the republican significance and the capital of the Republic) maslikhat, are present, by the decision of, respectively, regional, city (cities of republican significance and capital of the Republic) election commission, a new date of holding a joint meeting is appointed. In so doing, a new joint meeting shall not be considered as a repeat voting.". Clause 1 of article 80 shall have the following wording: "1. If the elections were adjudged invalid, or if fifty per cent of voters who took part in the elections have voted against all candidates, or during the participation of the single candidate, or two candidates he (they) was (were) not elected, the Central election committee upon the report of the appropriate territorial election committee makes a decision on holding the repeat elections.". In clause 2 of article 81 the word "elected" is to be replaced with the word "elected"- translator –case changed, in the subclause 2) the words "during the repeat election" are to be replaced with the words "at the repeat elections’. In clause 3 of article 84 following the words "violation of the Constitution" add the words "and this Decree." Article 88 shall have the following wording: "Article 88 the Election pledge Every candidate into the members of Majilis prior to the registration and following the appropriate confirmation in accordance with demands of the Constitution as well as this Decree, deposits an election pledge amounting to a minimal wage established by legislation. multiplied by five hundred. The amount of the election pledge is not included in the total election fund of the candidate. Following the conclusion of elections the submitted pledge is returned to the candidate, which is as a member of the Mazhilis. In all other instances the election pledge is not subject to being returned and is placed into the income of the Republican budget.". Article 92 shall have the following wording: "1. "1. The election fund contains: 1)Candidate’s own funds; 2) funds issued to the candidate by the nominating republican public organization; 3) the voluntary contributions of citizens and organizations in the Republic. 2. The total amount of the candidate’s election fund may not exceed the established level of the minimal wage by more than three thousand times." Clause 1 of article 96 shall have the following wording: "1. If the elections were adjudged invalid due to the absence of the necessary number of voters, or if fifty per cent of voters who took part in the elections have voted against all candidates, or during the participation of the single candidate, or two candidates he (they) was (were) not elected, the Central election committee makes a decision on holding the repeat elections. The voting takes place at the same polling places and according to the same records of voters which were created for the initial elections.". Clause 1 of article 110 shall have the following wording: "1. If the elections were adjudged invalid due to the absence of the necessary number of voters, or if fifty per cent of voters who took part in the elections have voted against all candidates, or during the participation of the single candidate, or two candidates he (they) was (were) not elected, the Central election committee makes a decision on holding the repeat elections. The voting takes place at the same polling places and according to the same records of voters which were created for the initial elections.". In clause 2 of article 112, and clause 2 of article 126 the words " in the period of ten days" are to be replaced by words "in the period of seven days". Article 133 shall have the following wording: "This Decree:
Article 2. Provisions appropriated by this law, dealing with the terms of duties, competence, organization of activities, the status of the members and the order of change in the makeup of the election commissions, are extended to the Central, territorial, district and local election commissions, formed prior the entry of this law into force. The order of setting up of elections commissions established by this law is utilized for setting up election commissions of the new make up, which is caused by the expiration of duties for the election commission of the preceding makeup. President of the Republic of Kazakhstan |