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Article 33
 

Procedure of voting outside the voting premises.


1. Voters who are on the voter lists but who are unable to arrive at the polling station for voting due to their health status or disability; voters who are on the voting day in hospitals, in places of detention for suspects and accused persons; voters who temporarily reside in places located in remote and inaccessible areas, in animal husbandry stations; and, in exceptional cases, by decision of the relevant election commission, military personnel serving on the day of voting in military units located in inaccessible or remote places, staff of internal affairs agencies on duty during the voting day, voters working at enterprises with uninterrupted operation cycle, the list of which shall be approved by the Central Election Commission; voters working in shifts, those under home arrest if they permanently reside in the territory of the polling station, to which they belong due to the location of their place of temporary residence, vote at their place of residence. Precinct election commissions shall be obliged to provide such voters with the opportunity to vote outside the voting premises one calendar day before the voting day.


2. Voting outside the voting premises shall be carried out only one calendar day before the voting day in the period from 8 AM to 8 PM and only on the basis of a written application of a voter for an opportunity to vote outdoors. A voter application can be made at any time after the creation of the precinct election commission but not later than 3 calendar days before the voting day. A precinct election commission registers all submitted applications in a special register. The application for the opportunity to vote outside the voting hall should specify the reason why a voter cannot arrive at the voting hall and the data about the voter.


3. The precinct election commission should have the necessary number (but no more than three) of portable ballot boxes for voting. Voting outside the voting hall is conducted by members of the precinct election commission together with the operator; they receive the required number of ballot papers under signature, as well as sealed (stamped) portable ballot boxes. Voting outside the voting premises is conducted in the presence of the representatives of candidates, political parties, observers and representatives of the mass media.


4. The precinct election commission 2 days before the voting at its meeting shall draw lots to determine the members of the commission (at least two members of the precinct election commission) who will organize the voting outside the voting hall. The chairperson and the secretary of the precinct election commission shall not participate in the drawing of lots.


2 days before the voting day the precinct election commission shall be obliged to display the register of voters who have submitted a written request for the opportunity to vote outside the voting hall.


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


6. Upon arrival to the voter, the members of the precinct election commission together with the operator shall conduct the identification of the voter using his / her biometric and personal data. After that the member of the precinct election commission shall give him / her a ballot paper in exchange for a receipt. When issuing ballots, a member of the precinct election commission, determined by drawing of lots, shall register a voter in the paper voter list, put a series and number of the voter identification document and sign it after having handed out the ballot paper. A voter shall check that the record is correct and sign the paper voter list.


7. A voter shall fill in the ballot paper in a special place where no other persons are allowed to be present. The special place shall be selected taking into account the secrecy of the voter’s will when filling in the ballot paper and the possibility to control the actions of the voter by the members of the election commission and observers.


In the event that a voter due to disability or due to health status is unable to sign personally in receipt of the ballot papers or to fill in them, he / she shall have has a right to use the help of another voter for this purpose in accordance with the procedure stipulated by Paragraph 10, Article 31 of the present constitutional Law.


8. The series and number of the passport or identity document of the voter who voted outside of the voting premises are entered into the voter list and at the same time in the corresponding column of the voter list the mark “Voted outside of the voting premises” is made.


9. After voting outdoors, the opening of portable voting boxes is sealed with a sheet of A4 paper signed by the chairperson, the secretary, other members of the precinct election commission and observers and certified by the stamp of the precinct election commission. The portable boxes shall be kept in a safe (closet), which shall be additionally sealed.


An act of the end of voting outdoors shall be drawn up containing the information on the number of applications for voting outdoors, number of voters, number of ballot papers issued, number of receipts, number of unused ballot papers and number of returned spoiled ballots signed by all present members of the precinct election commission, the representatives of candidates, political parties and observers. Each person who was present during the drawing up of the act shall be given a stamped copy of the act immediately after signing.


10. The votes of those voters who voted outdoors shall be counted after the voting is completed in the voting hall in accordance with the procedure and conditions defined in the present constitutional Act.


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