Article 34. Non-governmental financing of elections of the Constitutional Law on Elections in the Republic of Kazakhstan
1. The pre-election campaigning of candidates for the election of the President, deputies of Parliament and deputies of maslikhats may be financed from the funds of electoral funds formed in accordance with the procedure established by this Constitutional Law.
2. Excluded by the Constitutional Law of the Republic of Kazakhstan dated 06/29/2018 No. 162-VI (effective ten calendar days after the date of its first official publication).
3. Election funds are formed from the following sources:
1) personal funds of candidates, funds of political parties;
2) funds allocated to the candidate by the public association of the Republic that nominated him;
3) voluntary donations from citizens and organizations of the Republic. Voluntary donations from state bodies and organizations, local governments, charitable organizations, religious associations, Kazakh legal entities with foreign participation in their authorized capital, as well as anonymous donations from individuals and legal entities are prohibited.
4. Only funds obtained legally may be transferred to election funds. Information on the total amount of money and the amount of voluntary donations received by the fund, its sources and expenses for election campaigning within five days after the publication of the election results is published in the media.:
during the elections of the President, deputies of the Mazhilis of Parliament – by the Central Election Commission;
during the elections of deputies to the Senate of the Parliament – by regional, cities of republican significance and the capital by election commissions.;
during the elections of deputies of maslikhats – by territorial election commissions.
5. The maximum amount of funds that can be allocated to election funds from these sources is established in a Special Part of this Constitutional Law. Funds received in excess of the established amount are not subject to crediting to election funds and are returned to the citizens and organizations who deposited them. At the same time, the costs associated with the return of these funds are covered by the individuals and organizations that contributed them. Anonymous donations are transferred to the revenue of the republican budget.
6. The funds forming the electoral fund are credited to a special temporary account opened in banking institutions by the relevant election commission after registration of the candidate and the party list. No income is accrued or paid on the specified account. The right to dispose of the election fund's funds for the purposes specified in this Constitutional Law belongs exclusively to the candidate and the political parties that have put forward party lists. Banks submit a weekly report to the relevant election commission on the receipt of funds to special temporary accounts and on their expenditure. Upon request of the relevant election commission, the same information is provided within twenty-four hours. The procedure for opening a special temporary account, spending election funds and the corresponding banking institution are determined by the Central Election Commission.
7. If a candidate withdraws his candidacy, a political party withdraws the party list, or cancels the decision to nominate a candidate, party list, or register a candidate, party list, the funds received by the election fund must be immediately returned to the citizens and organizations who contributed them. At the same time, the costs associated with the return of these funds are covered by the individuals and organizations that contributed them.
8. All financial transactions, including settlements with individuals and legal entities, mandatory deductions, taxes and other payments to the budget, on special temporary accounts are terminated at 6 p.m. on the day preceding election day.
In the event of a repeat vote, the maximum amount of money allowed to enter the candidate's election fund is increased by one and a half times.
In case of repeated voting, financial transactions on special temporary accounts of candidates in respect of whom repeated voting is being conducted shall resume on the day of the appointment of the day of repeated voting and terminate at eighteen o'clock on the day preceding election day.
The total amount of money received by the electoral fund from the moment of its formation must not exceed the limits established by this Constitutional Law.
9. Two thirds of the funds of the electoral fund that remained unspent for the purposes of the election campaign are sent to the republican budget, and one third is returned to the candidate or political party.
10. Violation by a candidate or a political party that has put forward a party list of the rules established by paragraphs 1-8 of this Article, as well as the procedure established by the Central Election Commission for spending election funds, entails the cancellation of the decision on registration of the candidate, party list, and after the elections before the registration of the candidate as President, member of Parliament, member of Maslikhat, member of another local government body - recognition of elections in the relevant territory or district as invalid.
Constitutional Law of the Republic of Kazakhstan dated September 28, 1995 No. 2464.
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