Article 97-1. Distribution of deputy mandates based on the results of voting on party lists of the Constitutional Law on Elections in the Republic of Kazakhstan

     1. The Central Election Commission shall count the total number of votes cast in the territory of a single national constituency for each party list that received five percent or more of the votes cast. The sum of votes cast for political parties that have overcome the five percent barrier is divided by the number of seats to be allocated. The result obtained is the first electoral quotient (quota).

     2. If five percent of the votes of the voters who took part in the voting were received by only one political party, then the list of the specified political party, as well as the party list of the party that received the next largest number of votes of the voters who took part in the voting, is allowed for the distribution of deputy mandates.

     The sum of votes cast for two political parties is divided by the number of seats to be allocated. The result obtained is the first electoral quotient (quota).

     3. The number of votes received by each party list participating in the distribution of deputy mandates is divided by the first electoral quotient.

     The number of votes received by the list of the party that did not overcome the five percent barrier and participated in the distribution of mandates in accordance with paragraph 2 of this article is divided by the first electoral quotient and multiplied by a correction factor of 0.7.

     The integer part obtained by dividing the number is the number of deputy mandates that the corresponding political party that formed the party list receives.

     A political party that has not overcome the five percent barrier and participates in the distribution of mandates in accordance with paragraph 2 of this article, receives at least two mandates.

     4. If, after the actions carried out in accordance with paragraph 3 of this article, unallocated mandates remain, their secondary distribution shall be carried out. Unallocated mandates are transferred one by one to those party lists that have the largest fractional part (remainder) of the number obtained as a result of division in accordance with paragraph 3 of this article. If the largest remaining balance is equal, the advantage is given to the party list registered earlier.

     When allocating mandates in accordance with paragraph 2 of this article, the unallocated mandates are transferred to the party list that overcame the five percent barrier based on the results of voting.

     5. The order of distribution of deputy mandates is determined by the governing body of a political party from among the candidates included in the party list in accordance with paragraph 4 of Article 89 of this Constitutional Law no later than ten days from the date of publication of the election results.

     In the event that the governing body of the political party has not determined the order of distribution of the deputy mandates received within the time limits set by the first part of this paragraph, the Central Election Commission shall distribute the deputy mandates received by the party according to the registered lists in alphabetical order of the state language.

     When allocating deputy mandates, the number of representatives of three categories: women, youth, and persons with disabilities should collectively be at least thirty percent of the total number of deputy mandates received by the party.

     6. In case of early retirement of a deputy, his mandate is transferred by resolution of the Central Election Commission to the next candidate, determined by the governing body of the political party from among those included in the list of the political party in accordance with paragraph 5 of this Article. In this case, the requirements of the third part of paragraph 5 of this article must be complied with.

     If there are no candidates left on the relevant party list, the mandate remains vacant until the next election of deputies of the Mazhilis.

     Political parties have the right to change the order of candidates in the party lists by submitting a written statement about this and an extract from the minutes of the meeting of the governing body of the political party to the Central Election Commission.

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

President    

Republic of Kazakhstan     

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases