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Article 11
 

Procedure for the Establishment of the Election Commissions

Reference:

CEC Decree issued on May 28th 2004 year # 13 “On approval of the Provision “On formation and disbandment of election commissions”;

CEC Decree issued on June 15th 2004 year # 15 “On “Provision on Regional, Bishkek and Osh city Commissions for conducting elections and referendum”;

1. Oblast, Bishkek city and election commissions are government bodies and shall be established by the Central Election Commission to comprise a chairperson, a secretary and not less than 7 members. The composition and addresses of oblast, Bishkek city and Osh city election shall be published in mass media by the Central Election Commission not later than 5 calendar days from the day of their establishment. Oblast, Bishkek city and Osh city election commissions shall function on a permanent basis and shall be legal entities. The term of office for oblast, Bishkek city and Osh city election commissions shall be five years. The office of oblast, Bishkek city and Osh city election commissions shall terminate upon the establishment of a new composition of the commissions.

2. Territorial electoral commissions for elections to the Jogorku Kenesh of the Kyrgyz Republic shall be established by the Central Election Commission to comprise a chairperson, secretary and not less than 13 members within 10 calendar days after designation of the elections. The composition and addresses of the district election commissions for the election of deputies to the Jogorku Kenesh of the Kyrgyz Republic shall be published by the Central Election Commission in mass media not later than 5 calendar days after their establishment.

3. Chairpersons of oblast, Bishkek city, and Osh city election commissions shall be full-time officials. Exercise of powers of chairpersons of oblast, Bishkek city, and Osh city election commissions shall be incompatible with other paid work with the exception of scientific-pedagogical and other creative activity.

Members of the election commissions shall work without leaving their main job and on a voluntary basis.

4. District electoral commissions for election of deputies to oblast, Bishkek city and Osh city keneshes shall be established by oblast, Bishkek city and Osh city election commissions to comprise a chairperson, secretary and not less than 7 members not later than 10 calendar days after designation of the elections. The composition and addresses of the district electoral commissions on election of deputies to oblast, Bishkek city and Osh city keneshes shall be published by oblast, Bishkek city and Osh city election commissions in mass media not later than three calendar days after their establishment.

5. Rayon, city election commissions shall be established by oblast, Bishkek city and Osh city election commissions to comprise a chairperson, secretary and not less than 5 members, not later than 10 calendar days after designation of the elections. The composition and addresses of rayon, city election commissions shall be published in mass media by oblast, Bishkek city and Osh city election commissions not later than 3 calendar days after their establishment.

6. Precinct election commissions shall be established by superior election commissions to comprise no less than 7 members 30 calendar days prior to the election day. At this, the precinct election commission members should elect the chairman and secretary. Leaders of state institutions may not be elected as chairpersons and secretaries of the precinct election commissions. The composition and addresses of precinct election commissions shall be published by the relevant election commissions in mass media not later than three calendar days after their establishment.

The eldest member of the precinct election commission shall open the first meeting of the election commission.

7. The election commissions are formed upon submission by relevant local keneshes on the basis of the proposals of political parties, public associations and constituents’ meetings.

Candidates nominated by political parties do not have to be elected and shall be approved automatically. Representatives of political parties shall not comprise more than one-third of the total number of election commission members. In cases, when the number of representatives from political parties exceeds the required number, then the issue shall be resolved by the casting of lots (by sorting from these number of the representatives).

No more than one representative from each political party, public association and voters’ meeting can be elected to the composition of the election commission. State and municipal employees, and employees of municipal bodies, may not comprise more than one third of the total number of the election commission members. This provision may be disregarded when forming precinct electoral commissions at electoral precincts established on the territory of military units, ayils, villages, counties, town-typed villages, located in distant areas that are difficult of access as well as outside of the Kyrgyz Republic.

An application confirming the applicant’s agreement to become a chairman, secretary and member of the election commission should be attached to every protocol of the candidate’s nomination as a chairman, secretary and member of a certain election commission. Lists of candidates for members of the election commissions shall be approved at a special open session of the respective local kenesh.

After the casting of lots, non-elected or non-included candidates to the body of the election commission shall be reserved to be included into the election commission in case if some members of the commission withdraw or in case if the commission is dismissed. In case if there are no reserved candidates to be included to the body of the election commission, superior election commission has the right to include candidates to the body of the election commission. In case if the commission is dismissed, the superior commission has the right to establish a new lower commission out of the candidates nominated by political parties, public associations and voters’ meetings.

In case of premature termination of the tenure of deputies of an appropriate local kenesh or of its dismissal, nominations made by political parties, public associations and voters’ meetings shall be submitted directly to the superior election commission. The superior election commission shall establish an appropriate lower level commission in accordance with the requirements of this item.

8. After registration of a candidate by the corresponding election commission, the registered candidate shall be entitled to appoint one member with a consultative vote to the commission, which effected registration of the candidate, as well as to each of the subordinate election commissions. The registered candidate shall send official documents to the corresponding election commission, the chairperson of which includes the appointed persons in the lists of commission members with consultative vote and issues certificates to them.

Elected public servants, officials of the state bodies and local self-governments, persons who occupy command positions in military units, military organizations as well as judges and prosecutors cannot act as members of the election commissions with a consultative vote.

The authority of the commission member with consultative vote may be terminated by decision of the candidate who appointed this member and transferred to another person.

9. District electoral commissions for elections of deputies to the Jogorku Kenesh, to oblast, Bishkek city, Osh city keneshes shall terminate their authority after 20 days after an official publication of the election returns, including publication of the results of voting in the respective territory; for elections to rayon, town and precinct election commissions- after 10 days after an official publication of their respective results.

10. Election commissions, with exception of permanently working election commissions can be dismissed by the court’s decision or by the CEC in the following cases:

a) violations of citizens’ election rights committed by the election commission that have been confirmed by the superior election commission (as well as by the court’s verdict) in the form of announcing election results at the respective territory as invalid;

b) Non-compliance with decisions issued by the superior election commission, by the court and the Central Election Commission of the Kyrgyz Republic that were adopted in accordance with provisions of this current election code;

c) Violations of the requirements for composing election commissions listed under point 7 of the present article.

11. Respective superior election commission, as well as candidate, can lodge a statement requesting to dismiss an election commission. The Central Election Commission is authorized to consider the issue in relation to dismissal of the territorial election commission on election of deputies of the Jogorku Kenesh of the Kyrgyz Republic on its own initiative but only in accordance with items specified in provision 10 of this article. Decision of the Central Election Commission on dismissing the territorial election commission shall be adopted by a majority vote of the CEC’s members.

The statement requesting dismissal of a commission that organizes elections can be lodged no later than 10 days prior to the voting day or during the conduct of a repeated voting. The statement requesting dismissal of a precinct election commission can be lodged once election results at this precinct election commission have been determined, but no later than 7 days before the repeated voting takes place.

The statement requesting dismissal of an election commission shall be considered immediately, and the decision on it shall be issued no later than 3 days from the day when such a statement was lodged.

12. In case if the decision on dismissing an election commission has been adopted, the superior election commission shall compose a commission of new members.

Election commission shall be established no later than 3 days after the decision on dismissing an election commission has come into force.

13. Dismissal of an election commission does not entail termination of the powers of election commission members with consultative vote.

(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year, No. 87, January 24th 2004 year , No. 7, December 23th 2004 year, No.194)