Arrangement of the election commissions’ activities and appeals against their actions. Publicity in the activities of election commissions

1. Election commissions shall act on the basis of the principles of collegiate style, publicity and transparency.

2. The first meetings of the commissions shall be convened:

1) in respect to the Central Election Commission – by the Chairperson of the commission within fourteen days after the commission’s formation;

2) in respect to subordinate election commissions – by the chairpersons of the superior election commissions not later than seven days after their formation.

3. In the course of preparations for and conduct of electoral campaign the meeting of commissions shall be convened at least once in two weeks. Otherwise, the meeting of a commission shall be convened by the initiative of the chairperson or at least one third of the commission’s members.

4. Meetings of the election commissions shall be legally qualified if they are attended by at least two thirds of the total number of the commission’s members.

5. Decisions of commissions shall be adopted through an open vote by a majority of total number of their members apart of other cases stipulated by this Constitutional Act. Members of an election commission, who disagree with its decision, shall be eligible to express their individual opinion, which shall be without delay brought to the notice of the superior election commission and attached in written form to the minute of the commission’s meeting.

6. Election commissions shall create the conditions for free access for all individuals with own decisions, which shall be placed in public telecommunication networks and in the cases stipulated by this Constitutional Act shall be subject for publication in other way.

The political parties, which do not have their representative in the composition of election commission, shall be eligible to delegate to the corresponding election commission their representative with the right of a consultative vote for the period of preparation for and conduct of electoral campaign.

A representative of a political party with the rights of a consultative vote shall be eligible to speak at the meeting of an election commission, make proposals on the issues within the competence of an election commission, appeal against actions (inaction) of the election commission to a superior election commission or a court.

7. Candidates, proxies, observers and mass media representatives upon submission of a certificate of employment and the editor’s assignment shall be eligible to attend meetings of election commissions.

The candidates to deputies, political parties, which have nominated their party lists, when considering the issues affecting them shall be notified about meetings of the corresponding election commission and their agenda in advance.

Presence in the premise of the election commission of unauthorized persons, who are not involved in the electoral process, shall be prohibited.

8. On Election Day since the opening of polling stations and till determination of voting results at the vote count the following persons shall be eligible to be present at the same time at the polling station: one proxy of each candidate and political party; one representative of each mass media upon submission of a certificate of employment and the editor’s assignment; one observer representing each political party, other public associations, other non-governmental organizations of the Republic of Kazakhstan and observers of foreign states and international organizations.

9. Decisions or actions (inaction) of an election commission can be appealed to a superior election commission and/or to a court within ten days from the day of making such a decision or action (inaction), unless other deadlines for appeals have not fixed in this Constitutional Act. Upon expiration of the above mentioned deadlines appeals against decisions and actions (inaction) of an election commission shall not be considered.

When appeals are considered either by the election commission and the court at the same time, the election commission shall suspend proceedings until a court judgment shall come into effect. The court shall notify the election commission on the submitted appeal and on the effect of the court’s decision on the basis of the results of proceedings.

10. The state bodies, organizations, bodies of local self-government as well as their officials must support to election commissions in exercising their powers, provide them with necessary data and materials, respond to the requests of election commissions within three days, whereas on the Election Day and the day prior Election Day the same must be done immediately.

11. During preparations for and conduct of an election the members of territorial, district and precinct election commissions may by their wish to be exempted from their professional and official duties by the decision of election commission, whose work shall be paid from the funds, allocated for the conduct of elections.

For the period of preparation for and conduct of elections the average monthly salary at the place of primary work shall be preserved for those members of the election commissions, who are civil servants. For this period the salary of other members of election commissions shall be set at a rate of not less than three minimum wages at the expense of funds, allocated for the conduct of elections.

Payment of overtime work, work on holidays and weekends, work at night by the members of elections commissions including those members who are civil servants shall be made from the funds, allocated for the conduct of elections.

12. The following persons shall not be eligible to be members of election commissions:

1) deputies of the Parliament and maslikhats, members of other bodies of local selfgovernment;

2) candidates to President, deputies to the Parliament and maslikhats and to members of local self-government bodies;

3) persons, occupying positions of political civil servants;

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

A spouse and close relatives of the candidates as well as persons, who are directly subordinated to candidates, shall not be eligible to be members of election commissions, who are directly involved in the organization and conduct of elections in the electoral district, where the above mentioned candidate stands for election.

Persons indicated in sub-clause 2 of this clause shall be exempted from duties of a member of election commission since the date of registration of the corresponding candidate.