Observer
1. A candidate or a political party which has nominated a list of candidates, shall have the right to appoint an observer who is entitled to observe the preparation of elections, the process of voting, the counting of votes, the determination of the voting results and the determination of the election returns in accordance with the procedure envisaged in the law.
A candidate or a political party may appoint up to two observers to each precinct election commission, who may in turn monitor the voting and other electoral activities in the voting hall. Two or more observers representing the interests of one registered candidate or a political party shall not have the right to simultaneously exercise the powers of an observer in the premises of the election commission or in the voting hall.
2. An observer shall acquire the rights and responsibilities of an observer provided for in this constitutional Law upon receipt by the relevant election commission of a referral from the candidate who appointed him / her or from the political party that nominated the list of candidates. The referral shall contain the surname, the first name and the patronymic, the permanent place of residence of the observer, the numbers of polling stations, the names of election commissions to which the observer is sent and a record is made of the absence of restrictions stipulated in section 3 of this article. The referral is considered valid provided there is the signature of the candidate or the seal of a political party as well as the passport or an equal document replacing it is presented. Prior notification of the appointment of an observer shall not be required.
3. A citizen of the Kyrgyz Republic who has an active electoral right may be an observer.
The following persons shall not have the right to be an observer: a deputy of the Jogorku Kenesh or a local Kenesh; a candidate for the deputy of the Jogorku Kenesh or a local Kenesh; persons on political, special state and municipal positions, a civil and a municipal servant, a member of the election commission; the representatives of the candidate or the political party that nominated the list of candidates in the election commissions; judges, prosecutors, staff of other law enforcement and fiscal bodies as well as military personnel.
4. An observer shall have the right:
1) to monitor the formation of the election commission of any level;
2) to monitor the process of formation of the voter lists;
3) to monitor the process of voters’ registration;
4) to monitor the information support of the elections;
5) to get acquainted with the voter lists available at the election commission, the log of applications (requests) on voting outside the premises for voting;
6) to be present in the premises for voting on the voting day at any time of the day;
7) to be present during voting outside the voting premises;
8) to publicly express his / her opinion or make statements on the preparation and conducting of elections, including through the mass media;
9) to freely move and be present at any polling stations or election commissions;
10) to monitor the procedure of organization and conducting the elections established in the present constitutional Law, without violating the secrecy of elections, including the issuance of the ballot papers, counting the number of voters included in the voter lists, counting the ballot papers handed to the voters, cancelled ballot papers; monitor the counting of votes at a distance and in conditions ensuring the visibility of the content of ballot boxes; check filled or not filled ballot papers during the counting of votes; monitor the issuance of the protocol on the voting results by the election commission as well as other electoral documents;
11) to make remarks and proposals on issues related to the organization of voting to the chairperson of the precinct election commission to which he or she is sent, and in case of his or her absence - to the substituting person;
12) to get acquainted with the protocol of the election commission to which he / she was sent;
13) to receive copies of protocols and documents attached thereto from the election commission;
14) to appeal against the decisions and / or actions (inaction) of the election commission to which he / she is sent, in accordance with the procedure established by this constitutional Law;
15) to be present at the re-counting of votes in the relevant election commissions;
16) to wear badges that do not contain signs of pre-election campaign, indicating his / her status, surname, name and patronymic as well as the name of the organization that sent the observer to the election commission;
17) to personally make photo, video and audio recordings, without violating the secrecy of voting and interfering in the process of voting or summing up the results.
5. The observer shall not have the right:
1) to hand out ballot papers to the voters;
2) to sign for the voter for having received the ballot paper at his / her request;
3) to fill the ballot paper for the voter at his / her request;
4) to make actions which violate the voting secrecy;
5) to participate directly in the counting of ballot papers conducted by the members of the election commission;
6) to make actions preventing the work of the election commission;
7) to campaign among the voters;
8) to participate in the decision making by a relevant election commission.
6. The activity of observers is regulated by the electoral legislation. (In the version of constitutional Laws No 96 dated June 5, 2017 and No 116 dated August 8, 2019)
