Article 20-1. Observers of political parties, other accredited public associations, non-profit organizations of the Republic of Kazakhstan of the Constitutional Law on Elections in the Republic of Kazakhstan
1. Citizens of the Republic of Kazakhstan from political parties, as well as other accredited public associations and non-profit organizations are allowed to be observers.
The powers of the observer must be certified in writing, indicating his surname, first name, patronymic (if it is indicated in the identity document). This document is stamped by the organization that sent the observer and is valid upon presentation of the observer's identity document. The documents are presented to the chairman of the election commission or to the person replacing him for registration of the observer by entering information about him in the register.
1-1. The procedure for the accreditation of public associations and non-profit organizations whose statutory activities include election observation activities is determined by the Central Election Commission.
The validity period of the accreditation is one year, unless otherwise established by this Constitutional Law.
In order to obtain accreditation, public associations and non-profit organizations must send the following documents to the relevant election commission:
1) an application in the form prescribed by the Central Election Commission;
2) an extract from the charter confirming the right to observe elections.
The deadline for reviewing an application for accreditation is thirty calendar days.
The grounds for refusal of accreditation or cancellation of accreditation are:
1) failure to provide a complete list of documents;
2) non-compliance of the charter with the requirements of this article;
3) suspension or termination of the activities of a public association or a non-profit organization.
Upon request of the election commissions, information from state bodies and organizations necessary to establish the existence of grounds for refusal of accreditation or cancellation of accreditation is provided within twenty calendar days from the date of receipt of the request.
2. Observers of political parties, other accredited public associations, non-profit organizations of the Republic of Kazakhstan have the right:
1) attend the meeting of the election commission;
2) receive information on the number of voters who took part in the voting, including voting outside the premises;
3) be present in the voting room of the relevant polling station during the voting and counting of votes;
4) accompany portable ballot boxes, including being in a vehicle during their transportation;
5) observe the voting process, the procedure of counting votes and registration of voting results at the polling station, at the polling station in conditions that ensure the possibility of a clear overview of all listed procedures;
6) appeal decisions, actions (inaction) the relevant election commission and (or) its members to a higher election commission or court;
7) be present during the voting of voters outside the polling station if it is impossible for them to arrive at the polling station;
8) be present at the counting and redemption of unused ballots by members of the precinct election commission;
9) take photos, audio and video recordings without interfering with the voting process and summing up its results;
10) observe the procedure for transmitting protocols on voting results to higher election commissions;
11) after the voting, get acquainted with the protocols of the election commission on the results of the voting, receive their certified copies;
12) to draw the attention of the members of the election commission to violations of the requirements of this Constitutional Law, to hand over to them the relevant written statements, acts on violations and to receive marks on delivery. The chairman of the election commission and the person acting in his place are obliged, upon application by the authorized representatives and observers, to attach the acts drawn up by them to the vote counting protocol.
3. Observers of political parties, other accredited public associations, non-profit organizations of the Republic of Kazakhstan are obliged to:
1) to have with them documents certifying their identity and authority;
2) not to interfere in the electoral process, in the procedure of vote counting and decision-making by the election commission;
3) not to take actions that impede the work of the election commission;
4) comply with the requirements of the chairman of the election commission on compliance with the rules of conduct at the polling station established by the relevant election commission;
5) base their comments on documented, valid and verifiable facts;
6) comply with the requirements of this Constitutional Law and other legislation of the Republic of Kazakhstan;
7) to keep an open mind, not to express preference for a particular candidate or political party;
8) when making and distributing photo, audio and video recordings, comply with the requirements stipulated by the laws of the Republic of Kazakhstan.
4. In case of violation of the legislation of the Republic of Kazakhstan by observers of political parties, other accredited public associations, non-profit organizations of the Republic of Kazakhstan, the relevant election commission has the right to cancel the registration of the observer.
Constitutional Law of the Republic of Kazakhstan dated September 28, 1995 No. 2464.
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