Article 43. Counting of votes at a polling station (polling station) of the Constitutional Law on Elections in the Republic of Kazakhstan
1. The counting of votes in the elections of the President, deputies of the Mazhilis of Parliament and maslikhats, akims, and members of other local self-government bodies at all polling stations begins at twenty o'clock local time, unless the voting time has been changed at this polling station in accordance with the procedure established by this Constitutional Law. In case of a change in the voting time, the counting of votes begins at the end of the voting.
The counting of votes is carried out by the members of the election commission without interruption until the establishment of the voting results, which must be communicated to the persons present in accordance with this Constitutional Law during the counting of votes. The time for counting votes at a polling station should not exceed twelve hours from the beginning of the counting.
In the voting room, the tables where the votes are counted are placed in such a way that the actions of the precinct election commission members are reviewed by all persons present in the room. The authorized representatives and observers present at the counting of votes observe the counting of votes from a distance and in conditions that ensure the visibility of the marks on the ballots.
When counting the ballots, the chairman of the commission or a certain member of the commission shows the ballot paper to those present and announces the will of the voter.
At the same time, the ballots are stacked for each candidate, the political party that nominated the party list, in a stack for ballots marked "Against all" and in a stack for invalid ballots.
2. The counting of votes in the election of deputies of the Senate of Parliament begins immediately after the end of voting.
3. Votes are counted separately for each candidate, each political party, and the ballots marked "Against all". The ballot boxes must be opened by the relevant election commission after the chairman of the commission announces the end of voting. It is prohibited to open the ballot boxes until the end of voting.
3-1. After the end of voting, before the ballot boxes are opened, the precinct election commission counts the voters who received the ballots according to the voter lists and determines their total number. The chairman of the precinct election commission or a substitute member of the commission announces the results of the counting and enters them into the voting results protocol.
Portable ballot boxes are opened first in turn. The number of ballots in a portable ballot box must correspond to the number of written statements about the possibility of voting outside the polling station. If there are more than the corresponding number of written statements in a portable ballot box, then all ballots from this ballot box are declared invalid. In this case, an act on invalidation of all ballots extracted from the portable ballot box is drawn up, which also indicates the surnames, first names, and patronymics of the commission members who conducted voting outside the polling station using this portable ballot box. After opening portable ballot boxes, stationary ballot boxes are opened.
4. Before opening the ballot boxes, all unused ballots are counted and cancelled by the relevant election commission. The Election Commission shall establish based on the voter lists:
1) the total number of voters (electors) at the polling station (at the polling station);
2) the number of voters (electors) who received ballots;
3) the number of ballots issued by each member of the commission.
4-1. After opening the ballot boxes, the election commission determines the number of ballots.:
1) the total number of voters (electors) who took part in the voting;
2) the number of votes cast for each candidate, for each political party;
2-1) the number of ballots marked "Against all";
3) the number of invalid ballots;
4) the number of ballots received by the precinct election commission;
5) the number of cancelled ballots.
If the number of ballots removed from the ballot boxes exceeds the number of ballots issued on the basis of voter lists and applications for voting outside the polling station, the number of ballots issued by each member of the election commission shall be determined.
5. The ballots are considered invalid:
1) Unidentified sample;
2) in which there is no signature of a member of the relevant election commission;
3) in which more than one political party or more than one candidate is registered, with the exception of voting in the election of members of local self-government bodies other than maslikhats;
4) in which the mark is marked with a pencil, bears traces of erasure or other method of forgery, as well as in which it is impossible to determine the will of the voters.
Invalid ballots are excluded from the number of ballots of voters (electors) who took part in the voting during the direct counting of votes.
6. Excluded by the Constitutional Law of the Republic of Kazakhstan dated 05/06/1999 No. 375.
7. In case of disagreement regarding the validity of the ballots, the issue is resolved by the election commission by voting. In this case, the decision is made by more than half of the votes of the total number of members of the commission.
7-1. The precinct election commission (territorial election commission for the election of deputies of the Senate), at the request of a proxy submitted in writing, shall re-count votes only once within the time period established by paragraphs 1 and 2 of this Article.
8. The results of the vote count are reviewed by the election commission and recorded in the protocols, which are signed by the chairman and members of the election commission. In the absence of the chairman of the election commission, the minutes are signed by the Deputy chairman or secretary of the election commission instead.
It is not allowed to fill out protocols on voting results in pencil and ink of different colors, as well as to make any corrections to them. In this case, the numerical values of the voting results must be duplicated in words.
A copy of the protocol is immediately posted on the premises of the polling station in a specially designated place for public inspection and is kept in the premises for two days.
At the request of the person present at the counting of votes in accordance with this Constitutional Law, he/she is given a copy of the protocol, certified by the signatures of the chairman and secretary of the commission and the seal of the election commission.
8-1. A copy of the protocol on the results of the election in the electoral district is posted on the premises of the polling station for public inspection and is kept in the premises for three days.
At the request of the person present at the counting of votes in accordance with this Constitutional Law, he/she is given a copy of the protocol, certified by the signatures of the chairman and secretary of the commission and the seal of the election commission.
8-2. 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).
9. If the relevant higher-level election commission finds errors or inconsistencies in the protocols of precinct election commissions (territorial election commissions - during the election of deputies to the Senate), as well as in case of doubt about the correctness of vote counting, this commission has the right to decide on the re-counting of votes of voters (electors) by the relevant precinct (territorial) election commission. The re-counting of votes is carried out in the presence of a member of a higher election commission and applicants who have submitted facts of incorrect vote counting.
The re-counting of votes, carried out on the basis of the decision of the election commission, must be carried out before the official publication of the election results.
Constitutional Law of the Republic of Kazakhstan dated September 28, 1995 No. 2464.
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