Home > 1.3.2.2 Voting procedures > KAZAKHSTAN - Constitutional Act On Elections
 
 
 
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Article 41
 

Organization of voting


1. Each voter (elector) shall vote personally.


2. At election transfer of the right to vote as well as voting for other persons shall be inadmissible.


3. Ballot-papers shall be issued to voters (electors) on the basis of the voter (elector) registers upon submission of a document identifying the voter (elector).


4. Voters (electors) shall put their signatures in the register to confirm the receipt of the ballot papers.


5. A commission’s member, who has issued a ballot-paper (ballot-papers), shall put his/her signature in it as well as in the register against the surname of the voter (elector) who has received the ballot-paper (ballot-papers).


The chairperson and the secretary of the election commission shall not be eligible to give out the ballot-papers.


6. If some voters cannot come to the polling station due to their state of health, by the reasons of nursing after an ill member of their family, including the voters living in the remote and hard-to-reach areas where no polling stations have been formed, the precinct election commission shall organize voting in the place of stay of such voter on the basis of their written applications to be submitted not later than twelve hours before the Election Day of the local time.


Upon a receipt of the application mentioned in this clause, the chairperson of the election commission shall make a corresponding mark in the voter register against the surname of the voter who has submitted an application.


During organization of voting outside the premise of polling station two members of the election commission shall accompany the portable ballot-box.


Members of the precinct election commission shall be obliged to inform observers, proxies and media representatives about voting of such voters outside the polling station.


At the departure of the members of the election commission for voting outside the polling station, the observers or proxies shall be eligible to accompany them.


At voting outside polling station, the members of the election commission must be provided with the necessary quantity of ballots taking into account their possible damage.


At voting outside polling station the ballot-paper (ballot-papers) shall be issued to the voters on the basis of an application for voting outside the polling station and the voters shall put their signature in the application in confirmation of their will.


The member of the commission who has issued the ballot-paper (ballot-papers) shall put his/her signature in it as well as shall sign the application for voting outside polling station.


6-1. When a voter changes the place of his/her stay within the period between submission of the voter register for public formalization and the day of elections, the precinct election commission shall issue for this voter an absentee voter certificate that shall confirm his/her right to vote on the basis of the voter’s request and upon submission of a document identifying the voter. In this case an appropriate mark shall be made in the voter register. When a voter submits his/her absentee voter certificate on the Election Day, the precinct election commission shall include the voter in the voter register of the electoral district where the voter resides.


Absentee voter certificate shall be issued to voters willing to vote in another constituency or in another electoral district within the same human settlement.


Issuance of absentee voter certificates shall be stopped on 6 pm of local time of the day before the vote.


7-8. (The clauses are excluded by the Constitutional Act of RK of 14 April 2004 No. 545-II).


9. Organization and conduct of voting according to clause 6 of this Article shall exclude a possibility of infringement of the election rights of the citizen, infringement of secrecy of the ballot or distortion of the expression of the voter’s will.