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| Chapter 8 :: Determination of the results of voting |
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Article 43. Counting of votes in the polling station (place/station of voting)
1. Counting of votes (the poll) at Elections of the President of the Republic of Kazakhstan, elections of the deputies of Mazhilis of Parliament to be elected based on the party list and Maslikhats, members of local self-administration bodies in all electoral districts begins at twenty o'clock by the local time if in the given place/station of voting the time of voting was not changed in compliance with the order established by the present Constitutional Act. In case of a change of the time for voting, counting of votes begins upon the end of voting.
Counting of votes is conducted by the members of the election commission without interruption until establishment of the results of voting of which the persons who have the right to be present during counting of voices in compliance with the given Constitutional Act shall be notified. The time for counting of votes shall not exceed twelve hours from the beginning of counting.
The tables at which counting of votes takes place in the premises for voting must be arranged in such a way that all the persons who are present in the premise will have a good view of the actions of the local election commission members. The proxies and observers present at counting of voices shall watch votes’ counting at a distance and under the conditions providing visibility of marks in the ballots.
During count of ballots, the chairman of the commission or an assigned member of the commission shows to the present persons a ballot and discloses the declaration of will of the given voter.
At that, the ballots are stacked in a pile per each candidate, per the political party which has put forward the party list and in a pile for invalid ballot-papers.
2. Counting of votes at elections of the deputies of the Senate of the Parliament and deputies of the Mazhilis of the Parliament to be elected by the Assembly of the People of Kazakhstan begins without delay upon the end of voting.
3. Counting of votes is done separately by each candidate, each political party. The ballot-boxes should be opened by the corresponding election commission after the announcement by the chairman of the commission of the end of voting. It is forbidden to open the ballot-boxes before the end of voting.
3-1. At the end of voting, before the ballot-boxes with the ballot papers are opened, the local election commission based on the electoral registers counts the number of the voters who have received the ballot papers and defines their total number. The chairman of the local election commission or a member of the commission replacing him announces the results of the counting and will put them down in the minutes on results of voting.
Portable ballot-boxes are the first to be opened. The number of the ballots in a portable ballot-box should correspond in quantity to the number of written applications to vote outside the premises for voting. If the number of the ballots of an established format in a portable ballot-box exceeds the corresponding number of written applications, all ballots from this urn shall be recognized invalid. In such a case, it is required to issue an act on invalidation of all ballots taken from the portable ballot-box, with indication of the surnames, names and patronymics of the members of the commission who conducted voting outside the premises for voting with the help of the given portable urn. The stationary ballot-boxes shall be opened after opening of the portable ballot-boxes.
4. Before opening of ballot-boxes all the unused ballot papers are counted and cancelled (liquidated) by the corresponding election commission. The election commission on the basis of the electoral registers shall determine:
1) The total number of voters (electors) in the polling station (place of voting);
2) The number of the voters (electors) who have received ballots;
3) The number of the ballots given by each member of the commission.
4-1. After opening of the ballot-boxes, the election commission based on the number of the ballot papers shall determine:
1) The total number of the voters (electors) who have taken part in voting;
2) A poll per each candidate, per each political party;
3) The number of the ballots recognized invalid;
4) The number of the ballots received by the local election commission;
5) The number of the cancelled (liquidated) ballots.
In case the number of the ballots taken from the ballot-boxes exceeds the number of the ballots given on the basis of the electoral registers and applications for voting outside the premises for voting, it is required to determine the quantity of the ballots given by each member of the election commission.
5. The following ballots are recognized as invalid:
1) Of unestablished format;
2) In which there is no signature of the member of the corresponding election commission;
3) In which more than one candidate, more than one political party was marked, except for voting at elections of members of local self-administration bodies other than Maslikhats;
4) In which the mark is made with a pencil, there are traces of erasure or any other way of fabrication is detected and also in which it is impossible to define declaration of will of voters.
The invalid ballots are excluded during a direct counting of votes from the number of the ballots of the voters (electors) who have taken part in voting.
6. (Excluded).
7. In case of a disagreement concerning the validity of ballots, the issue is solved by the election commission through voting. At that, the decision is taken by more than half of voices of the total number of the commission members.
7-1. The local election commission (territorial election commission at election of deputies of the Senate and deputies of the Mazhilis of the Parliament to be elected by the Assembly of the People of Kazakhstan) on demand of the proxy conducts a repeated counting of votes only once within the term established by items 1 and 2 of the given article.
8. The results of votes’ counting are considered by the election commission and will be put down in the minutes signed by the chairman and members of the election commission. In case of absence of the chairman of the election commission, the minutes are signed by the vice-chairman or the secretary of the election commission.
It is inadmissible to fill in the minutes on the results of voting with a pencil and in ink of different colors, and also to make any amendments in them. At that, the numerical values of the results of voting should be duplicated in words.
The copy of the minutes shall immediately be hung out in the premise of the electoral district in a specially arranged place for a general familiarization and will be kept in the premise within two days.
At a request of the person who according to the present Constitutional Act should be present during counting of voices, he/she can be issued a copy of the minutes certified by the signatures of the chairman and the secretary of the commission and the seal of the election commission.
8-1. The election returns of the electoral district are determined at the meeting of the district election commission conducted in one of the polling stations determined by the district election commission not later than ten days before the ballot day, with publication of the data about the place and time of the meeting in mass media. The results are determined on the basis of the minutes of the local election commissions which are delivered to the given polling station.
The copy of the minutes on the election returns in the given electoral district is hung out in the premise of the polling station for general familiarization and is to be kept in the given premise for three days.
At a will of the person who according to the present Constitutional Act should be present during counting of voices, the named person will be issued a copy of the minutes certified by signatures of the chairman and the secretary of the commission and the seal of the election commission.
8-2. Not later than five days from the ballot day, the district election commission shall draw up a preliminary summary list on the results of votes’ counting in the polling stations and will hang it out in the premises of the polling station where its meeting was held for everybody’s familiarization.
The official summary list is made on the basis of the received minutes from the divisional (local) election commissions on the results of counting of votes, signed by the chairman and the secretary of the district election commission and it will be posted up for everybody’s familiarization.
9. At revealing by the corresponding higher election commission of mistakes, non-conformities in the minutes of the divisional (local) election commissions (the territorial election commissions - at elections of deputies of the Senate and deputies of the Mazhilis of the Parliament to be elected by the Assembly of the People of Kazakhstan), and also at doubt in correctness of votes’ counting, the given commission has the right to make a decision to repeat counting of votes of the voters (electors) by the corresponding divisional (the territorial) election commission. The repeated counting of votes of the voters is conducted in presence of a member of the higher election commission and of the applicants who have presented the facts of the wrong counting of votes.
The repeated counting of votes conducted on the basis of the election commission’s decision shall be carried out before an official publication of the election results.
Article 44. Determination and publication of the results of elections
1. The results of Elections of the President of the Republic of Kazakhstan, elections of the deputies of the Parliament are determined by the Central Election Commission.
2. The results of elections of the Maslikhat deputies and also of the other local self-administration bodies are determined by the territorial election commission.
3. The results of elections are entered in the minutes signed by the chairman and members of the election commission. In case of absence of the commission chairman the minutes is signed by the vice-chairman or the secretary of the commission instead of the chairman.
4. The announcement of the results of elections:
1) of the President, deputies of the Parliament shall be published in mass media by the Central Election Commission not later than ten days from the date of the election;
2) of the deputies of Maslikhats is published in the local mass media by the corresponding territorial and district election commissions not later than seven days from the date of holding the election;
3) of members of local self-administration bodies other than Maslikhats is published in the local mass media by the corresponding territorial election commission not later than four days from the date of holding the election.
5. The announcement of the Central (the territorial) Election Commission includes the following data: the date of elections, the total number of the citizens included in the electoral registers (electors) and who have taken part in voting; the total number of the electoral districts; the total number of the candidates who stand for elections; the number of the voters voting outside the premises for voting; the number of the political parties participating in elections; number of administrative units where repeat voting will be held; the number of votes (the poll) voted for each candidate in Presidents, deputies of the Senate of the Parliament, for each political party in the corresponding administrative and territorial area number of votes cast for candidates for the Mazhilis of the Parliament to be elected by the Assembly of the People of Kazakhstan; the elected President, the deputies of the Senate of the Parliament, deputies of Mazhilis to be elected by the Assembly of the People of Kazakhstan, Maslikhats, members of the local self-administration bodies with indication of the surname, name, patronymic, year of birth, post, place of residence and also at discretion of the candidate the data about his/her belonging to a political party and his/her nationality.
The announcement of the corresponding district election commission includes the data on: the total number of the citizens included in the electoral registers and who have taken part in voting; the number of votes (the poll) voted per each candidate; the number of invalid ballots in the polling stations; the surname, name, patronymic, year of birth, post, the place of residence of the elected deputies of Maslikhats, and also at discretion of the candidate the data on his/her belonging to a political party and his/her nationality.
The data of the Central and territorial election commission announcements are submitted to the county constituencies, while the data of the district election commission announcement - to the polling stations. The corresponding election commission shall announce the announcement on the preliminary election returns in the format of statements (lists) not later than forty eight hours after the end of votes’ counting and issue of the corresponding minutes.
6. (Excluded).
Article 45. Registration of the President, deputies of the Parliament, Maslikhats and members of the bodies of local governing
The corresponding election commissions in the order established by the present Constitutional Act conduct registration of the elected President, deputies of the Parliament, Maslikhats, members of other local self-administration bodies upon receiving from them within a seven-day’s term of a written application on abdication of all responsibilities by them that are incompatible in compliance with the Constitution and the laws of the Republic with the status of the President, the deputy of the Parliament, maslikhat and the member of the local self-administration body.
Ñòàòüÿ 46. The certificate and a breastplate of the President, the deputy of the Parliament, Maslikhats and the member of the local self-administration body.
1. The chairman of the Central Election Commission at the introduction of the President of the Republic into the position hands over to the President the corresponding certificate and a breastplate of the sample established by the Central Election Commission.
2. The Central Election Commission after publication in mass media of the results of elections of the deputies of the Republic Parliament hands over to each deputy the certificate and a breastplate of the established form.
3. The corresponding territorial election commission after publication in mass media of the list of:
1) The deputies of Maslikhats – hands over to each of them the certificate of the deputy of Maslikhat and a breastplate of the sample established by the Central Election Commission;
2) Members of other local self-administration bodies - hands over to each of them the certificate of the member of other local self-administration bodies of the sample established by the Central Election Commission.
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