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Article 17
 

Publicity in the Activity of Election Commissions

1. The activities of election commissions shall be public and open.

2. Candidates, their representatives, members of the superior election commissions, political parties, and mass media representatives shall have the right to attend meetings of the respective election commission. The respective election commission shall provide notification and a possibility for free access of the abovementioned persons to its meetings.

3. Decisions of the election commissions specified in Clause 7 Article 18 of this Code shall be published in press and transmitted to other mass media within the timeframes established by this Code and laws of the Kyrgyz Republic.

4. On the election day, the persons listed under Clause 2 of this Article as well as observers, foreign (international) observers shall be entitled to attend at the polling stations from the moment of starting of the precinct election commission work until receiving of information from the superior election commission on the approval of the protocol of voting results as well as be present at a repeated counting of votes.

Reference:

CEC Decree issued on January 13th 2004year, # 41 “On “Handbook for Observers of the Kyrgyz Republic”;

CEC Decree issued on January 13th 2004 year, #42 “On Provision “On Status and Responsibilities of Foreign (International) Election Observers in the Kyrgyz Republic”

At that, not more than one representative (an observer or a proxy person or an authorized representative) from every candidate, political party, election bloc and public association shall have the right to be present at the polling station at the same time. The representative (either an observer, a proxy person or an authorized representative) may be replaced by another representative (either by an observer, proxy person or by an authorized representative). In the event of a repeat voting they shall be entitled to be present at the polling station at the same time not more than two representatives (either observer, trusted person or authorized representative) from each candidate, political party, election bloc and public association. Presence of government and local self-government officials at the polling stations shall be prohibited except for the cases of exercising their active election right as well as presence of the law enforcement bodies except in cases specified by this code.

5. All election commission members, observers, representatives of the candidates, mass media, foreign (international) observers shall be provided an access to the voting premises established at a precinct located in a military unit, hospital, sanatorium, recreational facility, investigative isolation wards, and temporary detention wards.

6. Observers, foreign (international) observers, representatives of the candidates, and mass media shall have the right to be present at meetings of election commissions when they establish the results of voting, the election returns, compile corresponding protocols on the results of voting, and election results, as well as at a repeated count of the votes.

7. An observer’s authority must be certified in writing by a registered candidate, political party that nominated the candidates, public association, whose interests the observer represents, with indication of his/her full name, place of residence, as well as the precinct number and name of the election commission he/she is assigned. This document shall be valid upon presentation together with it of a passport or a substituting document. Preliminary notification about sending of an observer shall not be required

Deputies of the Jogorku kenesh of the Kyrgyz Republic, deputies of local keneshes, government and local self-government officials, members of election commissions, and persons below 18 years of age may not be observers.

8. Observers shall be authorized to:

a) see the electoral registers;

b) be present on the voting premises on the election day at any time during the period specified under Clause 4 of this Article;

c) be present during voting outside the polling station;

d) observe overall organization and procedures for voting specified by this code, including issuance of the ballot papers; the counting of the number of citizens entered on the electoral registers, of the election ballots issued to voters, cancelled ballots; observe the counting of votes at a distance and under conditions that make the ballot text visible for the observers; see any filled and unfilled ballot in the course of counting the votes; observe the drawing up of the protocol on the results of voting and other documents made by the election commission within the period specified under Clause 4 of this Article;

e) apply to the chairperson of the precinct election commission and, in the event of his/her absence, to his/her substitute with suggestions and remarks on the issues of voting procedures;

f) get familiarized with the precinct election commission protocol on the voting results and also with protocols of other election commissions on the results of voting and election results; make or obtain from the respective election commission copies of these protocols and documents attached to them, as well as other documents received by the respective election commissions or drawn up by these commissions during the period specified under Clause 4 of this Article, including the list of persons present at voting. Upon an observer’s request, the election commission should issue or authenticate the said copies;

g) file an appeal against actions (failure to act) of the precinct election commission, other election commission with a superior election commission, the Central Commission or the court of law;

h) be present at a repeated counting of votes in the corresponding commissions.

9. Observers shall not have the right to:

a) issue election ballots to voters;

b) sign instead of a voter upon his/her request for the receipt of his/her ballots;

c) fill in a ballot for a voter upon his/her request;

d) undertake other actions violating the secrecy of voting;

e) directly participate in counting of ballots conducted by members of the election commission;

f) undertake actions hindering the work of the election commission;

g) conduct campaigning among voters;

h) participate in decision making of the respective election commission.

10. Mass media representatives shall have the right to get familiarized with precinct election commission protocols on the results of voting as well as with protocols of other election commissions on the results of voting or election results, make or obtain from the corresponding commission copies of these protocols and documents attached to them, perform video filming for information telecasting from the spot assigned by the chairperson of the election commission without infringing upon the voter’s secrecy of vote. Upon a request of a mass media representative, the election commission must authenticate a copy of the protocol on the results of voting or election results.

Authentication of copies of protocols and other documents of the election commissions shall be made by the Chairperson and Secretary of the election commission. At that, the certified copy shall be marked with “the copy is valid”, signed and stamped with the stamp of the respective election commission.

11. Foreign (international) election observers shall be accredited by the Central Election Commission. Foreign (international) observers’ activity shall be regulated by laws of the Kyrgyz Republic.

12. The precinct election commission chairperson shall register the observers from candidates, political parties, election blocs, international (foreign) observers, mass media representatives, proxy persons, authorized representatives of the candidates who are present at the voting, votes count and drawing up the protocol of the voting results.

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