Article 20. Organizing the activities of election commissions and appealing against their actions. Transparency in the activities of election commissions of the Constitutional Law on Elections in the Republic of Kazakhstan

     1. The activities of election commissions are carried out on the basis of collegiality, transparency and openness.

     2. The first meetings are convened:

     1) The Central Election Commission – the Chairman of the commission within fourteen days after the election of the commission;

     2) territorial election commissions of regions, cities of republican significance and the capital – by a person designated by the maslikhat that formed the composition of this commission, no later than seven days after the formation of the new composition.;

     3) lower–level election commissions - by the chairmen of the respective higher-level commissions no later than seven days after the formation of their composition;

     4) district election commissions – by the chairmen of the territorial election commissions on whose territory the electoral district is located, no later than seven days after the formation of their composition.

     3. During the preparation and conduct of the election campaign, commission meetings are held at least once every two weeks. At other times, the commission shall hold its meetings as necessary on the initiative of the Chairman or at least one third of the commission members.

     4. Meetings of election commissions are valid if they are attended by at least two thirds of the total number of commission members.

     5. The decisions of the commissions shall be adopted by open voting by a majority vote of the total number of their members, except in other cases established by this Constitutional Law. Members of the election commission who disagree with its decision have the right to express a dissenting opinion, which is immediately brought to the attention of the higher election commission and attached in writing to the minutes of the commission meeting.

     6. Election commissions shall create conditions for the free familiarization of all persons with their decisions, which are posted on publicly accessible telecommunication networks, and in cases provided for by this Constitutional Law, are subject to other publication.

     Political parties that do not have a representative on election commissions have the right to delegate their representative to the relevant election commission with the right to an advisory vote for the period of preparation and conduct of the election campaign no later than ten days from the date of appointment or announcement of elections.

     The act of delegating a representative of a political party, signed by persons authorized in accordance with the party's charter and stamped, is sent to the relevant election commission. The citizen's statement of consent to be included in the commission with the right of advisory vote is attached to the act.

     The Election Commission decides on the appointment of a member of the election commission with the right of advisory vote.

     Representatives of political parties with the right of advisory vote are not paid.

     A representative of a political party with the right of an advisory vote has the right to speak at a meeting of the election commission, make proposals on issues within the competence of the election commission, and appeal against actions (inaction). the election commission to a higher election commission or court.

     Representatives of political parties with the right of advisory vote do not vote when the commission makes a decision and do not sign the commission's documents.

     7. Candidates, proxies, observers, and representatives of the mass media may attend meetings of the election commission if they have an official identification card and an assignment from the editorial office.

     Candidates for deputies, political parties that have put forward party lists, when considering issues concerning them, are notified in advance of the meetings of the relevant election commissions and the agenda.

     The presence of unauthorized persons not related to the electoral process in the premises of the election commission is prohibited.

     8. On election day, from the moment the polling station is opened for voting until the results of voting are established, one authorized representative from each candidate or political party that nominated the party list, one representative from each media outlet, and no more than three representatives from each TV channel may simultaneously be present at the polling station, provided they have an official identification card. and the tasks of the editorial board and one observer from each political party or other accredited public association., non-profit organizations of the Republic of Kazakhstan and observers of foreign states and international organizations, who may be accompanied by an interpreter.

     9. Decisions and actions (inaction) election commissions may be appealed to a higher election commission and/or to a court within ten days from the date of making a decision or committing an action (inaction), unless other terms of appeal are established by this Constitutional Law. Upon expiration of the specified time limits, an application for a decision and actions (inaction) It is not subject to consideration by the election commission.

     In case of simultaneous consideration of applications by the election commission and the court, the election commission suspends consideration of the application until the court decision comes into force. The court shall notify the election commission of the received application and the entry into force of the court decision based on the results of its consideration.

     10. State bodies, organizations, local self-government bodies, as well as their officials are obliged to assist election commissions in exercising their powers, provide them with the necessary information and materials, and respond to appeals from election commissions within three days, and immediately on election day and the day preceding it.

     11. For the period of preparation and conduct of elections, members of territorial, district, and precinct election commissions may, upon their request, be relieved of their work or official duties by decision of the commission, with payment from the funds allocated for the conduct of elections.

     For the period of preparation and conduct of elections, members of election commissions who are civil servants receive the average monthly salary at their place of main work. Other members of election commissions for this period are paid at least three minimum wages at the expense of funds allocated for the conduct of elections.

     Payment for overtime work, work on holidays and weekends, and nighttime work of members of election commissions, including those who are government employees, is carried out at the expense of funds allocated for the conduct of elections.

     12. May not be members of election commissions:

     1) members of Parliament, maslikhats, akims, members of other local self-government bodies;

     2) candidates for President, deputies of Parliament, maslikhats, akims, members of other local self-government bodies, as well as proxies of candidates;

     3) persons holding the position of a political civil servant;

     4) judges of the courts of the Republic of Kazakhstan.

     The spouse and close relatives of candidates, as well as persons directly subordinate to candidates, may not be members of election commissions that directly organize and conduct elections in the electoral district in which the candidate participates.

     The performance of the duties of the persons specified in subitems 2) of parts one and two of this paragraph as a member of the election commission shall be suspended from the date of registration of the relevant candidate by a decision of the election commission for the period of the election campaign.

     A member of the election commission may be appointed instead of the member of the election commission specified in part three of this paragraph for the period of the relevant election campaign by decision of a higher election commission.

     Election commissions may not include close relatives (parents, children, adoptive parents, adopted children, full and half siblings, grandfathers, grandmothers, grandchildren) or a spouse.

Constitutional Law of the Republic of Kazakhstan dated September 28, 1995 No. 2464.

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