Home > 1.3.2.2 Voting procedures > KYRGYZSTAN - Law on Elections of the President of the Republic and the Deputies of the Jogorku Kenesh
 
 
 
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Article 31
 

Voting procedures.


1. Voting on the day of elections shall be held from 8 AM to 8 PM. Precinct election commissions shall be obliged to notify voters about the time and place of voting not later than 10 calendar days before the voting day through the mass media or otherwise, and in case of early and repeated voting - not later than 7 calendar days before the voting day. 


On the voting day, at 7 AM, a precinct election commission at its meeting in the voting hall shall draw lots to determine the members of the commission who will:


- control the work of the operator on the voting day and together with him / her identify citizens in the electronic voter list;


- carry out registration of citizens in the paper voter list;


- issue ballot papers;


- control the passage of voters to the voting booths for secret voting and dropping ballots in the ballot boxes.


The chairperson and the secretary of the precinct election commission shall not participate in the drawing of lots.


The chairperson of the precinct election commission in the presence of the members of the commission, the representatives of candidates, the political parties and observers shall open a sealed safe (closet) where the list of voters of this precinct and the seal of the precinct election commission, as well as documents on the results of voting outdoors are kept, takes out of the safe (closet) a paper list of voters, other necessary equipment with an electronic list of voters, enables visual inspection of those present and comparison of the paper and electronic voter lists, then distributes it to the members of the precinct election commission who are responsible for registering voters and filling out the paper voter list on the day of voting.


The chairperson of the precinct election commission presents for inspection empty ballot boxes, which are stamped (sealed) with the seal of the precinct election commission to the members of the precinct election commission, as well as observers present, the representatives of candidates, the political parties, the media. Then the chairperson of the precinct election commission shall put in the sealed boxes control lists which indicate the number of the polling station, time of putting down control lists in the ballot boxes, names of the chairperson, the secretary and other members of the precinct election commission, present candidates, representatives of candidates or political parties who nominated the lists of candidates. Control lists are signed by these persons and certified by the stamp of the precinct election commission.


The Chairperson of the precinct election commission shall announce the number of ballot papers received from a higher election commission and given for voting outdoors. The members of the precinct election commission in the presence of the representatives of the candidates, political parties and observers shall recount and announce the number of the ballot papers, then the chairperson of the precinct election commission shows them to the persons present for visual familiarization and shall record the number of the ballot papers received by the precinct election commission from the higher election commission in the report on the results of the vote and in its enlarged form.


After recounting the ballot papers, the chairperson of the precinct election commission hands over 100 ballot papers according to the list to each member of the precinct election commission who sign for their receipt and are responsible for handing out the ballot papers.


2. In the voting hall the members of the precinct election commission jointly with operators identify voters by his biometric and personal data using identification equipment. The identification of a voter must be carried out at a distance and in conditions that allow the observation of the procedure of identification of the voter and the monitor by the representatives of candidates, political parties and observers.


The identification of the voter by his biometric and personal data shall not require the consent of the voter.


In this case, the monitor that is visible to representatives of candidates and political parties as well as the observers displays the following information:


- the total number of citizens included in the voter list at a given polling station;


- the number of voters who passed identification and received an identification receipt at this polling station at the given moment;


- the photo of the voter who is passing the identification;


- other information determined by the Central Electoral Commission jointly with the authorized state agency, according to the technical possibilities of the equipment.


After the identification of the voter a receipt is printed out. The receipt shall be presented by the voter to the member of the precinct election commission who gives him / her a ballot paper in exchange for the receipt.


Each case when the equipment refuses to identify a voter who is on the final voter list for that polling station and fails to issue an identification receipt, if all repeated identification measures have failed, the member of the election commission responsible for the control of the identification process shall inform the chairperson and then draw up the Act of the equipment failure in two copies. This Act shall be signed by the member of the election commission responsible for the control over the identification process, the operator and the voter. One copy shall be handed over to the voter, while the second copy shall remain with the election commission, which, after the official publication of the election returns, shall send these acts to the relevant state agencies for taking measures. A voter in such case shall not be allowed to vote.


In case a voter receives a ballot paper without a receipt, a corresponding member of a precinct election commission shall be liable in accordance with the law.


The information on the number of voters is submitted to the territorial election commission every 2 hours, the system administrator of the territorial election commission shall input and automatically publish the received data on the official website of the Central Election Commission. Final data on the number of voters, based on the number of issued receipts, shall be handed over to the Central Election Commission immediately after the closure of the polling stations, but before the opening of the ballot boxes.


3. While issuing ballot papers, a member of the precinct election commission, determined by drawing of lots, registers a voter in a paper voter list, puts a series and number of the voter identification document and signs it on issuing a ballot paper.


4. Each voter shall vote in person, voting for other voters is not allowed.


5. Ballot papers are given to the voters included into the voter list upon presentation of the voter identification document.


6. A voter verifies that the record is correct and signs it in the paper voter list.


7. A ballot paper shall be filled by a voter in a specially equipped booth or other specially equipped place where no other person is allowed to be present. A specially equipped booth or a specially equipped place shall be installed or made taking into account the secrecy of the voter will when filling in the ballot paper and the possibility of control over the voting by the members of the election commission and observers. The ballot boxes shall be located no more than one and a half meters from the nearest specially equipped voting booth so that persons present in the voting room shall not be able to recognize the mark on the ballot paper.


8. A voter shall place a mark on the ballot paper in the box relating to the candidate or the political party for which the decision is made or the position “Against All”.


9. In the event that a voter believes that he / she made a mistake when filling a ballot paper, he / she shall have the right to address the member of the precinct election commission who has issued the ballot paper with a request to give him / her a new ballot paper instead of a defective one. The member of the precinct election commission shall give him a new ballot paper, making a corresponding note in the voter list against the name of the given voter. A defective ballot paper shall be cancelled and the relevant act is drawn up.


10. A voter who is not able to independently sign for the receipt of a ballot paper, fill in a ballot paper, shall have the right to get the assistance of another voter who is not a member of the election commission, a candidate, a representative of the candidate, a political party or an observer for this purpose. In this case a voter verbally informs a precinct election commission of his / her intention to take advantage of the help of another person.


A person appointed at the request of a voter who is unable to sign for the receipt of a ballot or to fill in a ballot shall be obliged to act in full compliance with the will of the voter.


11. Filled in ballot papers are put by voters into sealed (stamped) ballot boxes. It is forbidden to take a ballot paper out of the voting hall. The presence of other persons near the voting box shall be prohibited, except for the cases when at the request of a voter who finds it difficult to put the ballot paper into the automatic reading ballot box, one of the members of the election commission or a technical specialist can be invited. Persons in the voting hall may not close the view or otherwise interfere with the observation of the ballot box.


12. The chairperson of the precinct election commission shall supervise the order in the voting hall. In cases of violation of public order in the voting hall, the chairperson of the precinct election commission shall have the right to ask the law enforcement officials for help in order to ensure public order in the voting hall, while the law enforcement officers after establishing the order should leave the voting hall. Orders of the chairperson of the precinct election commission, given within the limits of his authority and not violating the rights of the participants in the election process, shall be binding for all persons present in the voting hall. In the absence of the chairperson of the precinct election commission his powers are executed by the secretary of the precinct election commission or another member of the commission authorized to do so.


Admission to the voting hall should be in such a way that there is no crowding of voters preventing the observers of candidates or political parties.


13. A member of the precinct election commission shall be immediately suspended from participation in its work, and the observer and other persons shall be removed from the voting room in the event that they attempt to obstruct the work of the election commission or the exercise of the electoral rights by a citizen of the Kyrgyz Republic as well as to violate the secrecy of voting. The decision of the precinct election commission is made in writing. The commission shall have the right to apply to the relevant agencies with a view to bring such persons to account in accordance with the legislation of the Kyrgyz Republic.


14. State agencies, bodies of local self-government, state and municipal institutions and enterprises, as well as their officials, shall be obliged to ensure public safety, uninterrupted operation of public transport, means of communication, electric lighting and heating of voting premises on the voting day.


15. In the event of an automatic ballot box failure on the election day, the voting shall be conducted using of a spare automatic reading ballot box. The precinct election commission shall make a report, which is signed by all present members of the precinct election commission and the operators.


In the event of a failure of the spare automatic reading ballot box, voting is based on the use of a stationary ballot box. The precinct election commission shall make an act, which shall be signed by all present members of the precinct election commission and the operators.


In case of restoration of the functionality of the automatic reading ballot boxes replaced after the failure during the voting day, the resumption of their use for voting shall not be allowed.


16. The procedure of voting and the use of automatic reading ballot boxes outside the Kyrgyz Republic shall be established by the Central Election Commission.


(In the version of constitutional Laws of the Kyrgyz Republic No 88 dated April 23, 2015; No 96 dated June 5, 2017; No 116 dated August 8, 2019)