Home > 2.1.1 Electoral commissions > KAZAKHSTAN - Constitutional Act On Elections
 
 
 
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Article 19
 

Status of an election commission’s member


1. The members of the election commissions shall be representatives of the state bodies and shall be under the state protection.


2. The legal status of the election commission members stipulated by the Constitution, this Constitutional Act and other legislative acts of the Republic of Kazakhstan.


2-1. A person with a previous conviction that has not been cancelled or removed in the order established by the Law; a person admitted by the court as incapable or partially incapable, can not be a member of the election commission.


3. Chairperson, members of the Central Election Commission and employees of its office shall exercise their authorities on the professional and permanent basis.


A chairperson of the election commission shall represent the interests of the commission in the courts and other state bodies, also be eligible to delegate to other persons the powers to represent the interests of the election commission by issuing them with the relevant letter of attorney.


4. The members of the election commission that are not listed in clause 3 of this Article during conduct of elections cannot be dismissed from their work or transferred to other work by the initiative of the employer without their consent.


5. A member of the election commission shall:


1) be notified about the meetings of the corresponding election commission forty eight hours earlier, except for the cases that require an immediate decision-making;


2) be eligible to speak up at the meetings of the election commission, to make proposals in respect to the issues that are within the competency of the corresponding election commission, and to require voting in their respect;


3) be eligible to ask to other participants of the meeting any questions according to the agenda and to receive answers to the point;


4) be eligible to inspect the documents and materials of the election commission, which he/she represents, and to obtain their certified copies;


5) supervise the activities of the subordinate election commission upon authorization confirmed by three quarters of votes of the members of the election commission, which he/she represents;


6) be obliged to respect the requirements of the Constitution, this Constitutional Act and other legislative acts of the Republic of Kazakhstan, the generally accepted ethical standards;


7) be obliged to fulfill the assigned to him/her responsibilities, decisions and instructions of the election commission and its chairperson, the superior election commission;


8) be obliged to ensure the observance and protection of electoral suffrages and legal interests of the citizens, demonstrate impartiality and independence at decision-making as well as abstain from a public evaluation of the activities of candidates and the political parties which have nominated the party list;


9) not be bound by the decisions of the political party, which he/she represents, or other public association and not be eligible to defend their interests.


6. The member of the election commission shall be released from his/her duties upon expiration of the fixed term of the authorities of the election commission, cessation of its activity as well as by the decision of the body which has formed the election commission, in the case of:


1) submission of an application on the exemption of duties by his/her own will;


2) loss of citizenship of the Republic of Kazakhstan;


3) departure to the permanent place of residence outside of the given administrativeterritorial unit where the corresponding election commission has been formed;


4) come into effect of the judgement of guilty of the court in respect to him/her;


5) come into effect of the court’s decision in respect to him/her on legal incapability, partial incapability, missing or announcement of him/her as decedent;


6) his/her death.


A member of the territorial, district and precinct election commission shall be released from his/her duties in the case if the political party which has nominated such a member has ceased its activities.


The adoption in the order established by the laws of the Republic of Kazakhstan of the decision on the dissolution of the political party shall be a basis for exemption from duties of the members of the territorial, district and precinct election commissions, which have been nominated by this political party.


7. In the case of numerous infringements by a commission’s member of official powers or the requirements of this Constitutional Act, he/she shall be dismissed from the position by the body, which forms the election commission.


8. The superior election commission shall nominate a member of the election commission to replace the retired member of the election commission before the election of the commission’s member by a body forming an election commission in the order established in Article 10 of this Constitutional Act.


9. The election commission shall not consist of employees from one and the same organization.


10. A member of the election commission must live in the territory of administrativeterritorial unit, where the corresponding commission is located.