Article 19. The status of a member of the Election Commission of the Constitutional Law on Elections in the Republic of Kazakhstan
1. Members of election commissions are representatives of state bodies and are protected by the state.
2. The legal status of members of election commissions is determined by the Constitution, this Constitutional Law and other legislative acts of the Republic of Kazakhstan.
2-1. May not be a member of the election commission:
a person who has a criminal record that has not been expunged or removed in accordance with the procedure established by law.;
a person recognized by a court as legally incompetent or with limited legal capacity;
a person nominated and/or elected on the basis of a proposal from a political party or other public association funded by international organizations and international public associations, foreign government agencies, foreign legal entities and citizens, as well as stateless persons.
3. The Chairman, members of the Central Election Commission, its staff, chairmen, their deputies, secretaries, members of regional, cities of republican significance and the capital of territorial election commissions, as well as chairmen, deputies and secretaries of other territorial election commissions exercise their powers on a professional permanent basis.
Remuneration of members of territorial election commissions exercising their powers on a professional permanent basis is established in accordance with subparagraph 9-1) of Article 66 of the Constitution of the Republic of Kazakhstan.
A member of the territorial election commission exercising his/her powers on a permanent professional basis is not entitled to carry out entrepreneurial activities, independently participate in the management of an economic entity, or engage in other paid activities other than teaching, scientific, or other creative activities.
4. During the election period, members of the election commission not listed in paragraph 3 of this article may not be dismissed from their jobs or transferred to another job on the initiative of the employer without their consent.
5. Member of the Election Commission:
1) be notified of the meetings of the relevant election commission forty-eight hours in advance, except in cases requiring immediate decision-making.;
2) has the right to speak at a meeting of the election commission, make proposals on issues within the competence of the relevant election commission, and request that a vote be held on them.;
3) has the right to ask other participants of the meeting questions in accordance with the agenda and receive substantive answers to them.;
4) has the right to get acquainted with the documents and materials of the election commission in which he is a member, to receive certified copies thereof;
5) upon authorization, confirmed by three-quarters of the votes of the members of the election commission in which he is a member, to verify the activities of the lower-level election commission;
6) is obliged to comply with the requirements of the Constitution, this Constitutional Law and other legislation of the Republic of Kazakhstan, generally accepted standards of ethics;
7) is obliged to fulfill the duties assigned to him, decisions and instructions of the election commission and its chairman, the higher election commission;
8) is obliged to ensure the observance and protection of the electoral rights and legitimate interests of citizens, to show impartiality and independence in decision-making, as well as to refrain from publicly evaluating the activities of candidates and political parties that have put forward a party list;
9) is not bound by the decisions of the political party or other public association of which he is a representative, and has no right to defend their interests.
6. A member of the election commission shall be relieved of his duties.:
1) upon expiration of the established term of office of the election commission;
2) upon termination of the activity of the election commission.
By a decision of a higher election commission, a member of a lower election commission is relieved of his duties in the following cases::
1) submitting an application for release from duties at their own request;
2) loss of citizenship of the Republic of Kazakhstan;
3) moving to a permanent place of residence outside the administrative-territorial unit in which the maslikhat, which formed the composition of the relevant election commission, is located;
4) the entry into force of a court verdict of conviction against him;
5) the entry into force of a court decision declaring him legally incompetent, with limited legal capacity, missing or declaring him deceased;
6) his death;
7) adoption, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, by a political party of a decision on the liquidation of the political party that nominated him or by a court of a decision that entered into legal force on the liquidation of the political party that nominated him.
7. In case of repeated violation by a member of the election commission of his official powers or the requirements of this Constitutional Law, he is dismissed from office by the maslikhat, which formed the composition of this election commission.
8. The higher election commission, if necessary, appoints a member of the election commission to fill a vacant position before the election of a member of the election commission by the body forming the composition of the election commission, in accordance with the procedure established by Article 10 of this Constitutional Law.
9. More than half of the members of the election commission must not be employees of the same organization, except in cases of establishment of polling stations provided for in paragraph 3 of Article 23 of this Constitutional Law.
10. A member of the election commission must reside in the territory of the administrative-territorial unit in which the maslikhat that formed the composition of this commission is located.
Constitutional Law of the Republic of Kazakhstan dated September 28, 1995 No. 2464.
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Republic of Kazakhstan
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