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Article 40
 

Voting Procedure

1. The voting in elections shall be conducted on a calendar day-off from 8 a.m. to 8 p.m. local time. Precinct election commissions should inform the voters through mass media or other means about the time and place of voting not later than 10 calendar days before the election day, and for early and repeated voting not later than 7 calendar days before the voting day.

On the election day at 7 a.m. the precinct election commission shall identify at its meeting through lots casting members of the commission who will:

- register the voters listed in the voters’ lists;

- issue ballots;

- control the voters passing to the cabins for secret voting, their dropping of folded ballot papers into voting lots and leaving the premises;

- arrange voting outside of voting premises for the voters listed in the voters’ lists (With attendance of at least 2 polling station members.)

Chairman and the secretary of the PEC do not take part in the casting of lots procedure.

The chairperson of the commission shall present empty ballot boxes for review by other members of the election commission, and to the present observers, candidates’ representatives and mass media persons, which shall be stamped and sealed by the PEC’s seal. While sealing the boxes, chairman of the PEC shall put control sheets into the boxes that contain name of the constituency (district), number of the polling station, the time of when the control sheet was put into the box, last names of the chairman, secretary and members of the precinct election commission, as well as of present candidates, their representatives and observers. Control sheets shall be signed by these mentioned persons and their signatures shall be stamped by the seal of a precinct election commission.

The chairperson of the PEC in the presence of commission members, representatives of candidates and observers shall open the sealed safe that contains voters’ lists for that particular polling area, ballot papers and the stamp of the PEC. The chairperson shall take out the voters’ lists from the safe box, announce the number of voters included in the voters’ lists, lets all of the present people to visually acquaint themselves with the voters’ lists and distributes the lists among the PEC members who are responsible for voters’ registration and for filling in the voters’ lists on the voting day.

The chairman of the PEC shall declare the number of ballot papers, which were received from the territorial (rayon, city) election commission. Commission members with decisive vote in the presence of candidates’ representatives and observers, shall re-count the number of ballots, and present it for visual review for the present persons and shall introduce the number of the ballot papers received by the PEC from the superior election commission to the second line of the enlarged protocol on the voting results. After re-counting of ballot papers the chairperson hands over 50-100 ballots to a commission member responsible for issuance of ballots, who shall provide signatures for the receipt of ballot papers. These members bear personal responsibility for the number of ballots given to them.

Upon the receipt of the ballot by the voter, the member of the precinct election commission makes a mark (marks) the left thumb of the voter by specially designated mixture. At the entrance to the voting premises one of the members of the precinct election commission checks by special device the availability of the mark on the left thumb of each voter. The voter, whose left thumb has not been marked by the specially designated mixture, is allowed to the premises to receive a ballot and to vote. In case, if a mark is found on the left thumb of the voter, he is not allowed to enter into voting premises to receive a ballot and to vote.

During issuance of the ballot papers, one member verifies voters’ documents and introduce their document data into the voters’ lists and gets their signatures once they have received the ballot, and the other member shall issue the ballot paper.

2. Each voter shall vote personally, voting for other voters shall not be allowed.

3. Election ballots shall be issued to voters who are included in the electoral register upon their presentation of a passport or a document identifying the voter's personality, should a voter vote using a strike off certificate, he/she should also show such certificate.

4. When a voter receives a ballot the series and number of his/her passport or other document, identifying his/her personality shall be entered in the electoral register. The voter shall check the correctness of the record made and put his/her signature on the electoral register. In case if the voting is conducted with multiple ballots, the voter shall provide a signature for each ballot paper he/she has received. Should a voter vote using a strike off certificate; additional notes shall be made in the electoral register.

5. In precincts established in the residence area with less than 500 voters, voters shall have the right to vote without showing their passport or identification card provided they are on the electoral register and that the fact of his/her residence in the precinct be witnessed by at least two members of the commission and the chairperson of the precinct election commission permitting it. In cases of voting without identification documents, an appropriate note should be made in the electoral register, which shall be signed by the chairperson of the precinct election commission and the members who confirmed the fact of residence of the voter on the territory of this precinct.

6. The voter shall fill in the ballot in a specially equipped polling booth or in another specially equipped place where presence of other persons shall not be permitted. Specially equipped cabin or any other specially designated place should be set up in a way to allow secrecy of voting for the voter and at the same time allow members of the commission and observers see actions of the voter.

Reference:

CEC Decree issued on February 12th 2004, #2 “On Temporary Provision “On standards for secret voting booths”

7. The voter shall put a relevant mark on the ballot in the square related to the candidate in whose favour he/she made the choice, or put the mark opposite the line “against all candidates”.

During elections of deputies of the local keneshes in multi-mandate constituencies, the voter shall put marks in the squares that are relevant to the candidates in whose favor he/she has made a choice. The number of candidates for whom the voter may vote shall not exceed the number of mandates in the constituency.

8. In case a voter thinks that he/she made a mistake while filling in the ballot he/she shall have the right to apply to the member of the election commission, who issued the ballot to him/her, and ask him to give him/her a new one instead of the spoiled one. The election commission member shall issue a new ballot to that voter and make a corresponding note in the electoral register. The spoiled ballot shall be cancelled, on which an act shall be drawn up.

9. The voter, who is not in a position to sign for the receipt of a ballot personally, shall have the right to use assistance for this of another voter, who is not an election commission member, a candidate, a trusted person of a candidate, or an observer. In this case the voter shall verbally inform the PEC about his/her intention to use assistance of another person.

10. The voters shall put the filled in and folded election ballots into the stamped and sealed ballot boxes. It shall be prohibited to take out the election ballot from the voting room.

11. The precinct election commission chairperson shall maintain order in the polling station. In cases when the public order in the premises for voting is violated, the PEC chairman has the right to ask for help from the employees of the law enforcement bodies with the goal to provide public order in the voting room who shall leave the voting room after the order is restored. Orders of the precinct election commission chairperson given within his/her competence shall be binding for all those present in the polling station. In the absence of the precinct election commission chairperson, the secretary of the precinct election commission or another member of this commission authorized by him/her shall implement his/her responsibilities.

12. Any election commission member shall be immediately debarred from participation in the work of the commission, and an observer or other persons shall be removed from the polling station if they try to hinder the work of the election commission, or exercise by a citizen of the Kyrgyz Republic of his/her election right, or violate the secrecy of voting. The precinct election commission shall take the decision on that in a written format. At that, the commission shall have the right to apply to the relevant bodies with a representation requesting to bring such persons to account in accordance with the legislation of the Kyrgyz Republic.

13. It shall be prohibited for candidates, their authorized representatives, and also to other physical and juridical persons who act on request or instruction of the said persons to undertake actions designed to ensure conveyance of voters for participation in the election.

14. On the election day, government and local self-government bodies, state and municipal establishments and enterprises, as well as their officials should ensure public security, uninterrupted operation of the public transport, telecommunications and power supply.

(In the edition of the Law of the Kyrgyz Republic issued on October 14th 2001 year No. 87, January 24th 2004 year No. 7, October 22nd 2004 year, No. 183)