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Article 56
 

Grounds for Cancellation of a Candidate's Registration, Cancellation of an Election Commission Decision on Voting Results, Election Results

1. Candidate’s registration may be cancelled (annulled) by the election commission or by court in case if the candidate has concealed information in relation to his criminal sentence which has not been expunged or completed in a manner specified by the law, in case if the accusatory sentence against the candidate has been entered into force or in case if the candidate has concealed that he/she is a citizen of another state.

Registration of a candidate may be cancelled (annulled) not later than 5 day preceding the election day in case of:

a) if during financing of his election campaigning the candidate has used funds other than the ones contained in his election fund which amount to more than 0,5% of the maximum amount of all expenses of the candidate’s fund established by this code, or if the candidate has exceeded the amount of his expenditures made from his/her election fund by more than 0,5% of the maximum established amount of expenses of the candidate’s election fund;

b) if candidates making use of their official or business position to facilitate their election;

c) if the candidate was directly involved in violations of pre-election campaigning rules;

d) establishing facts of bribing voters through his/her close relatives, authorized representatives and trusted persons;

e) violations of registration rules defined in the article 27 and 28 of the present Code.

2. In case if after election results have been established by the appropriate election commission, and if afterwards the court identifies violations made in relation to the voting procedures, count of the votes or in determination of the voting results which do not allow truly determine the voters’ self-expression, it may cancel decision of the polling station on the voting results at that precinct election commission in accordance with procedures specified by this Code.

Violations, that have influenced voters’ self-expression, imply violations of this current code which influenced voters’ self-expressions during the course of the voting procedures, count of the votes or determination of the voting results at the polling station which do not allow truly establish the number of votes received by each candidate.

Under violations that may have influenced the voters’ self-expression are meant violations that have influenced the voters’ will during the voting process, count of the votes or determination of the election results at the polling station, violation related to campaigning on the voting day, obstruction to implementation of election rights by the citizens, election monitoring, voting on behalf of other voters, interference into work of election commissions, provision of transport by the candidates, their close relatives and candidates’ proxy person to deliver voters to the polling station as well bribing of voters.

3. In case if after election results have been determined by the appropriate election commission with regard to the candidate who has gained most of the votes; if it is established that the candidate failed to report facts on his/her conviction which was not expunged in accordance with the law, or if the criminal sentence has already entered into force or if the candidate has hidden his/her citizenship of belonging to a foreign state, then the decision of the election commission on election results can be cancelled.

In case if after the appropriate election commission has established the election results, and if it’s been established that the candidate who has gained most of the votes committed crimes listed in item 1 of this current article which resulted in cancellation of the election results at the polling station which have influenced election results, then decision of the election commission on election results may be cancelled in accordance with procedures specified by this code.

Violations of this code committed by candidates who did not get elected based on the election results and who were not included into the ballot for repeated elections, may not constitute the basis for announcing election results as invalid.

If the court cancels election results on the part of the polling stations that cover more than one third of the voters from the total number registered voters in the voters’ rolls, then this shall automatically lead to declaring election results as invalid in the entire constituency, in the Kyrgyz Republic as a whole.

4. If the court has accepted to consider the criminal case against the candidate and was not able to reach the verdict prior to the announcement of the election results, then the election commission shall delay determination of election results and suspend elected candidate’s registration.

5. Grounds for cancellation of the candidate’s registration, decision of the election commission on cancellation of the election results laid down in this article are considered exhaustive. Any restriction of the citizen’s election right to be elected based on other grounds other than the ones mentioned in this article will be construed as an obstruction to implementation by the citizen of his/her election rights and punished in accordance with the law.

(In the edition of the Law of the Kyrgyz Republic issued on January 24th 2004 year No.7, October 25th 2004 year, No.185)