Meeting of the CEC was held on December 10

Meeting of the Central Election Commission of the Republic of Kazakhstan was held within the election campaign for elections of deputies of the Mazhilis of the Parliament and maslikhats of the Republic of Kazakhstan, scheduled for January 10, 2020.

The following issues were considered at the meeting:

1. On results of nomination and registration of party lists at the regular elections of deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan;

2. On ballots for voting for political parties in the elections of deputies of the Mazhilis of the Parliament and maslikhats of the Republic of Kazakhstan;

3. On the course of consideration of applications from individuals and legal entities received by the Central Election Commission at the stage of registration of party lists.

Deputy Chairman of the Central Election Commission of the Republic of Kazakhstan Konstantin Petrov made a report on the first issue of the agenda.

He informed that in accordance with the Timetable of the main events for the preparation and conduct of the regular elections of deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan, nomination of candidates began on November 10, 2020 and ended at 18.00 local time on November 30 this year.

The Central Election Commission admitted 6 political parties registered in the established manner in the Ministry of Justice of the Republic of Kazakhstan to participate in the regular elections of deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan.

During the established period, documents were submitted to the CEC on the nomination of party lists of candidates for deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan from 5 political parties: "Auyl" People's Democratic Patriotic Party; "Nur Otan" Party; "ADAL" Political Party; "Ak Zhol" Democratic Party of Kazakhstan; People's Party of Kazakhstan.

The parties provided packages of the necessary documents required for the nomination and registration.

In accordance with the electoral legislation, only one list from one political party is allowed for registration with the number of persons included in it not exceeding the established number of deputy mandates distributed among political parties by thirty percent. The number of women and persons under the age of twenty-nine shall be at least thirty percent of the total number of persons included in the party list. This requirement was observed by all parties that have submitted documents on the nomination of party lists.

The Central Election Commission, together with authorized state bodies, carried out a check of candidates included in the party list for election as a deputy of the Mazhilis and established compliance of candidates included in the party lists with the requirements of the Constitution and the Constitutional Act "On Elections in the Republic of Kazakhstan".

Political parties that nominated party lists make an electoral contribution from the funds of political parties to the account of the Central Election Commission in the fifteen-fold amount of the minimum wage established by the legislation of the Republic of Kazakhstan for each person included in the party list. The electoral contribution is not paid by political parties that received 7% or more of the votes of voters from the number of those who took part in the voting in the previous elections of deputies of the Mazhilis of the Parliament. In accordance with the Constitutional Act, the electoral contribution was made by "Auyl" People's Democratic Patriotic Party and "ADAL" Political Party.

Thus, the Central Election Commission has registered party lists of five political parties, a total of 312 candidates: "Auyl" People's Democratic Patriotic Party consisting of 19 people; "Nur Otan" Party of 126 people; "ADAL" Political party of 16 people; "Ak Zhol" Democratic Party of Kazakhstan of 38 people, "People's Party of Kazakhstan" of 113 people.

Party lists include 90 women and 222 men. 19 people under the age of 29. The youngest candidates were born in 1995, age-related - born in 1950. The average age is 46.7. The party lists include 34 deputies of the Mazhilis of the Parliament of the VI convocation. 12 nationalities are represented, including 79.8% Kazakhs, 13.8% Russians, there are also Koreans, Belarusians, Uzbeks, Uighurs, Ukrainians, Azerbaijanis, Germans, Poles, Tatars, Chuvash on the lists.

Information on registration of party lists has been sent to the authorized state body of the Republic of Kazakhstan to verify the accuracy of information on income and property declared by candidates nominated by a political party and their spouses. The accuracy of information on income and property declared by a candidate nominated by a political party and his (her) spouse is checked by the state revenue authorities within fifteen days from the date of registration of the party list.

On the basis of registration of party lists, special temporary accounts of the electoral fund of a political party have been opened.

As part of the report, K. Petrov said that the Constitutional Act "On Elections in the Republic of Kazakhstan" provides for the grounds on which the decision to register a party list is canceled or a decision is made to exclude a person from the party list.

Thus, the Central Election Commission may cancel the decision on registration of a party list in the following cases: holding by the political party that nominated the party list, candidates nominated by it, its proxies election campaign before the end of the registration period; withdrawal from the party list of persons making up more than fifty percent of the entire party list; establishment by the court of the fact of dissemination by the political party that nominated the party list, or its proxies, of false information discrediting the honor and dignity of the candidate, another political party that has nominated the party list, or a person included in the party list, undermining his business reputation; establishment by the court of the facts of bribery by the political party that has nominated the party list, or by its proxies of voters; in other cases established by this Constitutional Act.

The CEC also makes decision to exclude a person included in the party list from this list in the following cases: the person included in the party list uses official or service position in his election campaign; conduct by a person included in the party list of pre-election campaigning before the end of the registration period for the party list; establishment by the court of the fact that a person included in the party list disseminated false information discrediting the honor and dignity of a candidate, a political party that nominated a party list, or another person included in a party list, undermining their reputation; revealing inaccuracy of information about income and property declared by the person included in the party list and his (her) spouse in accordance with the legislation of the Republic of Kazakhstan on combating corruption; establishment by the court of the facts of bribery of voters by a person included in the party list or proxies; in other cases established by the Constitutional Act.

Party lists were registered before the end of the registration stage. At the same time, the pre-election campaign begins within the time period established by the Constitutional Act, after 18.00 local time on December 10, 2020.

Secretary of the Central Election Commission Sabila Mustafina made a report on the second issue of the meeting.

She informed that in accordance with Article 12 of the Constitutional Act "On Elections in the Republic of Kazakhstan", the CEC establishes the form and text of the ballot paper for elections of deputies of the Mazhilis of the Parliament, the form of ballots for voting for the election of deputies of maslikhats. The Central Election Commission also establishes the procedure for their manufacture and the degree of security; ensures production of ballots for the elections of deputies of the Parliament.

In accordance with the electoral legislation, names of political parties are included in the ballot paper for voting for political parties in the manner determined by drawing of lots.

In this regard, drawing of lots was held at the CEC meeting to include the names of political parties in the ballot. The drawing of lots was carried out in accordance with the draw rules established by the CEC.

Sheets with serial numbers equal to the number of registered parties were put in envelopes of the same size and color. One envelope contained only one sheet with a number. The number in the envelope is the number under which the political party will be included on the ballot. The envelopes were sealed, shuffled and laid out on a table that was in sight of everyone at the meeting. Representatives of each political party took turns taking any envelope from the table, opening it, taking out a sheet with a number and reading it out.

According to the results of drawing of lots during the voting in the elections to the Mazhilis of the Parliament according to party lists on January 10, 2021, the names of political parties on the ballot will be in the following order:

1. "People's Party of Kazakhstan" Public Association.

2. "Nur Otan" Party Public Association.

3. "Auyl" People's Democratic Patriotic Party Public Association.

4. "Ak Zhol" Democratic Party of Kazakhstan Public Association.

5. "ADAL" Political Party Public Association.

Within the report, S. Mustafina said that the form of the ballot was approved by the resolution of the Central Election Commission of the Republic of Kazakhstan dated August 23, 2018 No. 11/192. The text of the ballot for voting for political parties in the regular elections of deputies of the Mazhilis of the Parliament is approved according to the results of the drawing lots. Degrees of security in the production of ballots have been elaborated.

Ballots are produced in an amount equal to the number of voters in an electoral district with a reserve of 1 percent of the total number of voters in an electoral district.

The number of ballots to be produced and delivered to polling stations, including a reserve of 1 percent of the total number of voters in the Republic of Kazakhstan for elections of deputies to the Mazhilis of the Parliament of the Republic of Kazakhstan is: 12,038,433 (twelve million thirty-eight thousand four hundred thirty-three) pieces.

In accordance with the election legislation, ballots are delivered to precinct election commissions no earlier than three days and no later than one day before the elections with a reserve of 1 percent of the total number of voters at the polling station, sealed and handed over under the protection of the internal affairs bodies.

Member of the Central Election Commission Yerlan Dauylbayev spoke on the third issue of the meeting.

He said that summing up each stage of the electoral campaign, the Central Election Commission always considers the results of applications from individuals and legal entities.

So, from November 26 to December 8 this year, the Central Election Commission received 22 appeals, including: 3 - from legal entities, 1 - from the media, 18 - from individuals.

By nature of the issues raised, the appeals were distributed as follows: 69% (15) - on clarification of the electoral legislation; 4.5% (1) - on providing information on the organization of the electoral process; 4.5% (1) - proposals for improving the electoral legislation and the activities of the CEC; 22% (5) - on other issues.

Out of 22 appeals received during the specified period: the CEC administration provided comprehensive answer to the applicants within the established time frame on 3 appeals; 4 were redirected to state bodies in accordance with the procedure established by law as not falling within the competence of the Central Election Commission; 15 applications are pending. There are no unfulfilled requests.

By nature, 9 out of 22 appeals, or 40% of all pending applications, concern the possibility of registering as candidates to deputies of the Mazhilis and maslikhats as self-nominated candidates. 5 appeals, or every fourth, is a repeated request for assistance in providing housing, a complaint from a public fund about violation of property rights for poor-quality car repairs and the need to bring the management of the diagnostic center to justice. Such appeals were redirected on the merits of the issue to other state bodies. One appeal contains a proposal to improve the electoral legislation, in particular, allocation of a quota to the Mazhilis of the Parliament of the Republic of Kazakhstan for persons with disabilities.

At the same time, a number of appeals were received from public organizations regarding exercising the powers of observers in connection with the adoption of the Central Election Commission Resolution No. 44/371 of December 4 of this year.

In this regard, CEC member Serik Sydykov made a detailed report on this issue in the co-report.

He informed that adoption of this resolution was caused by the need to ensure uniform application of the legislation on elections, which follows from the powers of the CEC established by the Constitutional Act "On Elections in the Republic of Kazakhstan".

Analysis of statistical data showed a 1.5-fold increase in the activity of subjects of national observation. For example, about 30 thousand observers took part in the 2015 elections, and in 2019 the number of observers in the presidential elections was about 47 thousand. At the same time, there is not always an adequate level of legal culture of participants in the process and a lack of uniformity in matters of their registration as electoral commissions.

The legal ignorance of individual participants in the electoral process, which affects the electoral procedures, required an additional clarification of the set of rules concerning the rights and obligations of participants in the electoral process, based on all legislation. Provisions of this resolution outline in the legal field the actions of all participants in the electoral process, incl. observers and members of election commissions registering them.

The CEC Resolution "On the issues of exercising the powers of certain categories of participants in the electoral process for the elections of deputies to the Mazhilis and maslikhats of the Republic of Kazakhstan, scheduled for January 10, 2021" is an act of clarification of legislation that does not relate to regulatory legal acts.

The law enforcers of this resolution are territorial, precinct election commissions, which, when exercising their powers, given their independence, will independently decide on its application in specific situations. Other participants present at the polling station on election day are also law enforcement officers of this resolution: both observers and proxies. Each of them can check legality of the actions of the precinct election commission on entering data into the register. Each of them has the right to raise question of the validity of decisions taken by the precinct election commission, since in the law the scope of the rights of observers and proxies is the same.

At the same time, Non-Profit Organizations (NPOs) can second persons to observe elections on condition that this is in line with their statutory goal of realizing and protecting political rights and freedoms of citizens. All NPOs with such a purpose in their charters can use powers granted to them by the current legislation to second their observers to elections.

Other NPOs that did not pursue such a goal when they were created have the right to amend their charters. The Law on State Registration provides for a notification procedure for making changes and additions to the charter of an NPO. The justice authorities make changes to the charter based on an electronic notification from the NPO within three working days from the date of notification.

Within the framework of report, Serik Sydykov also informed that the right to broadcast is not provided for by the Constitutional Act. Since, according to the Law of the Republic of Kazakhstan "On Communication", photo, audio, video recording is not a category similar to broadcasting (going live).

Observers are eligible participants in the electoral process; accordingly, their activities are clearly regulated by the Constitutional Act “On Elections in the Republic of Kazakhstan” and other legislation. Regulation of activities concerns not only duties, but also rights, which includes the absence of the right to video broadcast from a polling station by an observer performing his functions

At the same time, the Resolution does not prohibit photo, audio and video recording. It warns that photo and video recording shall be carried out taking into account protection of the secrecy of voting and personal data of voters.

The provision of the Law "On Mass Media", in particular clause 1-1 of Article 14, which contains cases when the consent of the person portrayed is not required, applies only to media representatives who are not observers.

Photo, video and audio recordings taken by observers shall be used for their intended purpose, i.e. as evidence of violations when considered by the relevant authorities authorized to give a special assessment of the actions. Only for such actions of the observer, consent is not required when using the image of a captured person.

And if he/she intends to use it in the future, i.e. distribute to other persons, post, in other words, make such records public, then the observer shall comply with the requirements of the Civil Code of the Republic of Kazakhstan.

Thus, when adopting this resolution, the Central Election Commission was guided by strict and accurate observance of the laws of the Republic of Kazakhstan.

Summing up the third issue of the meeting, Chairman of the Central Election Commission Berik Imashev noted that participation of observers in the elections ensures transparency and publicity of the electoral process. The Central Election Commission welcomes the growth of civic engagement in observing. At that, activities of the subjects of observation shall be carried out within the legal framework.

After the meeting, a briefing for the media took place, at which members of the CEC answered questions from the media.

Press service

Central Election Commission

of the Republic of Kazakhstan

tel. 75-21-03, 75-23-69

a.khusainova@election.gov.kz

v.zheksembekova@election.gov.kz

https://t.me/electionelection