Chapter 12 :: Elections of deputies to the Mazhilis of the Parliament

Article 85. Calling the elections of deputies of the Mazhilis

1. The grounds for calling: 

1) Of the regular elections can be termination of the constitutional term of office of the deputies of the Mazhilis; 
2) Of extraordinary elections – earlier termination of the term of office of the Parliament or the Mazhilis of the Parliament; 
3) Of elections of deputies instead of the retired members – earlier termination of term of office of the deputy, forfeiting of the mandate of the deputy or his/her death. 

2. Elections of deputies in case stipulated by subitem 1) of item 1 of the present article are called by the President of the Republic not less than in five months before and are conducted not later than two months before termination of the term of office of the deputies of Mazhilis. 

3. Elections of deputies in case stipulated by subitem 2) of item 1 of the present article are called by the President of the Republic simultaneously with adoption by him of the decision about advance termination of the term of office of the Parliament or the Mazhilis of the Parliament are conducted within two months from the date of the advance termination of the term of office of the Parliament or the Mazhilis of the Parliament. 
3-1. The day of election of deputies of the Mazhilis to be elected by the Assembly of the People of Kazakhstan can be different from the day of election of deputies of the Mazhilis to be elected based on the party list. 

4. In cases stipulated by subitem 3) of item 1 of the present article, the elections of the deputies instead of the retired members are called by the Central Election Commission not later than three months from the moment of the advance termination and forfeiting of the mandate of the deputy or his/her death. 

5. The date of elections is defined with consideration of the requirements of item 3 of article 41 of the Constitution. 

Article 86. The requirements to the candidates to deputies of Mazhilis

To be elected a deputy of Mazhilis, the citizen should meet the requirements established in item 4 of article 51 of the Constitution and also to have the active election franchise according to items 2 and 3 of article 33 of the Constitution and the present Constitutional Act. 

Article 87. Nomination of Candidates to deputies of the Mazhilis 

1. The right to nominate candidates to deputies of the Mazhilis based on party lists shall belong to political parties registered in accordance with the set procedures, while the right to nominate candidates to deputies of the Mazhilis to be elected by the Assembly of the People of Kazakhstan shall belong to the Board of Assembly. 

2. Individuals shall be included into a party list to be elected as deputies of the Mazhilis in the national electoral precinct by a majority vote of the total number of members of the supreme body of a political party. Political parties may not include into party lists those individuals, who are not members of this political party. 
The decision of the supreme body of a political party shall be forwarded to the Central Election Commission together with an individual’s consent to be included into the party list. 

3. Political parties shall make party lists in the alphabetical order of the state language. The party list shall then be submitted to the Central Election Commission by a representative of the political party along with an abstract from the minutes of the supreme body of the political party about nomination of the party list. The authority of such representative must be proven by relevant documents. 

4. Candidates to deputies of the Mazhilis of the Parliament to be elected by the Assembly of the People of Kazakhstan shall be nominated by the Board of the Assembly. Relevant decisions shall be made by a majority vote and shall be recorded in the Minutes of the Board. 
The decision of the Board of the Assembly of the People of Kazakhstan shall be submitted to the Central Election Commission together with the individual’s consent to run for the Mazhilis. 

5. Nomination of candidates to deputies of the Mazhilis to be elected based on party lists shall commence two months and end forty days prior to the election unless other deadlines are set at the time of calling of the election. 
Nomination of candidates to deputies of the Mazhilis to be elected by the Assembly of the People of Kazakhstan shall commence fifteen days and end ten days prior to the election. 

Article 88. Election Fee

1. At their own expense, political parties nominating party lists shall transfer to the account of the Central Election Commission an election fee equal to 15-times the minimum wages set by the law of the Republic of Kazakhstan for each person on the party list. 

2. No election fee shall be payable by political parties, which have received votes of seven and more percent of all voters at the previous election to the Mazhilis. 

3. A political party, which received votes of five to seven percent of all voters at the previous Mazhilis election, shall pay an election fee equal to fifty percent of the amount of the election fee set in clause 1 hereof. 
A political party, which received votes three to five percent of all voters at the previous Mazhilis election, shall pay an election fee equal to seventy percent of the amount of the election fee set in clause 1 hereof. 

4. The paid fee shall be refunded to a political party if it receives votes of at least seven percent of all voters, and in case of death of the only candidate on the party list. In all other cases the fee paid shall not be refunded and shall proceed to the republican budget. 

Article 89. Registration of candidates to the Mazhilis

1. Party lists submitted by political parties and candidates nominated by the Board of the Assembly of the People of Kazakhstan is registered by the Central Election Commission. 

2. Prior to the registration, a candidate and his/her spouse shall submit to the relevant tax bodies an income and property statement as of the first day of the month when the nomination term established hereby commences, such statement shall be in accordance with procedures and format established by the authorized state body of the Republic of Kazakhstan performing tax control over performance of tax liabilities to the state. 
Accuracy of the income and property data provided by the candidate nominated by a political party and his/her spouse shall be verified by tax authorities within fifteen days of the registration of the party list. 
Entities in receipt of requests of the tax authorities to provide data on the income and property of the candidate nominated by a political party and his/her spouse shall provide requested information within four days of the receipt of such request. 
Accuracy of the income and property data provided by the candidate nominated by the Board of the Assembly of the People of Kazakhstan and his/her spouse shall be verified by tax authorities within three days of the registration of the candidate. 
Entities in receipt of requests of the tax authorities to provide data on the income and property of the candidate nominated by the Board of the Assembly of the People of Kazakhstan and his/her spouse shall provide requested information within two days of the receipt of such request. 

3. Party lists shall be registered subject to availability of the following documents: 

1) abstracts from the minutes of the supreme body of a political party regarding nomination of the party list together with a copy of the registration certificate of a political party with the Ministry of Justice of the Republic; 
2) an individual’s consent to be included into the party list; 
3) background of each person on the party list; 
4) tax authorities’ certificate of receipt of an income and property statement of the candidate and his/her spouse; 
5) a receipt confirming that the election fee was paid by a political party; 
6) confirmation of the membership of a person in the party list in the political party, which nominated such list. 

4. Only one list of either political party shall be permitted to be registered, with the number of people on such list not to exceed the set number of deputy mandates allocated among political parties by more than thirty percent. 

5. Candidates nominated by the Board of the Assembly of the People of Kazakhstan shall be registered subject to availability of the following documents:
1) abstracts from the minutes of the Board of the Assembly regarding nomination of candidates; 
2) an individual’s consent to run for the Mazhilis; 
3) background of each person nominated by the Assembly of the People of Kazakhstan; 
4) tax authorities’ certificate of receipt of an income and property statement of the candidate nominated by the Assembly of the People of Kazakhstan and his/her spouse; 

6. The Central Election Commission shall: 

1)publish in mass media an announcement of registration specifying the name of the political party and number of persons on the party list as well as the surname, name, patronymic, year of birth, job (occupation), place of employment and residence of each candidate on the party list within seven days of the registration of party lists; 
2)publish in mass media an announcement of registration specifying the name of the Assembly of the People of Kazakhstan, number of persons nominated by the Board of the Assembly of the People of Kazakhstan as well as the surname, name, patronymic, year of birth, job (occupation), place of employment and residence of each nominee as well as his/her ethnic background, the latter to be specified at his/her discretion, within three days of the registration of candidates nominated by the Board of the Assembly of the People of Kazakhstan; 
3) issue relevant certificates to candidates upon registration; 
4) refuse to register or cancel decisions to register the party list in the following cases: 
-breach by a political party of rules of nomination of a party list, failure to submit documents required for registration; 
-conduct of a pre-election campaign by a political party, which has nominated a party list, by candidates it has nominated, its authorized representatives prior to the registration; 
-more than fifty percent of the whole party representatives leaving the party list; 
-if a court finds out that a political party nominating the party list, or its authorized representatives disseminate false information denigrating honor and dignity of a candidate, another political party, which has nominated the party list, or a person on the party list impairing his/her business reputation; 
-if a court finds out that a political party nominating the party list or its authorized representatives bribed voters; 
-in other cases stipulated hereby. 
-Cancellation of a decision to register the party list or restoration of a previously deregistered party list shall not be permitted two days prior to the voting day; 

5) decide to de-list a person listed on the party list in the following cases: 
-failure of a person listed on the party list to comply with the requirements set by the Constitution of the Republic of Kazakhstan and this Act to a candidate; 
-if a person listed on the party list avails himself/herself of his/her official position in his/her pre-election campaign; 
conduct of a pre-election campaign by a person listed on the party list prior to the registration of the party list; 
-if a court finds out that a person listed on the party list disseminates false information denigrating honor and dignity of a candidate, a political party, which has nominated the party list, or another person on the party list impairing their business reputation; 
-if income and property data submitted by the person on the party list and his/her spouse is found to be false, as per the anti-corruption legislation of the Republic of Kazakhstan; 
-if a court finds out that a person listed on the party list or his/her authorized representatives bribed voters; 
-in other cases stipulated hereby. 
-A decision to de-list a person listed on the party list can be appealed against by the political party, which has nominated the party list, or by a person removed from the party list to a corresponding final court. 
A decision to the list a person listed on the party list shall not be allowed two days prior to the voting day; 
6) refuse to register or cancel the decision to register the candidate nominated by the Board of the Assembly of the People of Kazakhstan, in the following cases: 
-failure of a person listed on the party list to comply with the requirements set by the Constitution of the Republic of Kazakhstan and this Act to a candidate; 
-if he/she avails himself/herself of his/her official position in his/her pre-election campaign; 
breach by the Board of the Assembly of the People of Kazakhstan of rules of nomination of candidates, failure to submit documents required for registration; 
-conduct of a pre-election campaign by a candidate or his/her authorized representative prior to the registration; 
-if a court finds out that a candidate or his/her authorized representative disseminates false information denigrating honor and dignity of a candidate impairing his/her business reputation; 
-if income and property data submitted by the candidate and his/her spouse is found to be false, as per the anti-corruption law of the Republic of Kazakhstan; 
-if a court finds out that a candidate or his/her authorized representatives bribed voters; 
-in other cases stipulated hereby. Cancellation of a decision to register the candidate or restoration of a previously deregistered candidate shall not be permitted two days prior to the voting day. 

7. Refusal to register or cancellation of the decision to register the party list may be appealed to the Central Election Commission and/or court within seven days. The Central Election Commission or the court shall issue its decision on the complaint within seven days of the date of submission of the complaint. 
Refusal to register or cancellation of the decision to register the candidate nominated by the Board of the Assembly of the People of Kazakhstan may be appealed to the Central Election Commission and/or court within two days. The Central Election Commission or the court shall issue its decision on the complaint within one day. 

8. Registration of party lists shall commence two months and end one month prior to the election unless other deadlines are set at the time of calling of the election. 
Registration of candidates nominated by the Board of the Assembly of the People of Kazakhstan shall commence ten days and end five days prior to the election unless other deadlines are set at the time of calling of the election. 

Article 90. Withdrawing of Candidate, Cancellation of the Decision to Nominate a Candidate to the deputy of the Mazhilis

1. A person included into the party list may withdraw from the party list by filing a relevant written application to the Central Election Commission. In these cases, the Central Election Commission shall decide on cancellation of the registration of the person on the party list. 
2. The Board of the Assembly of the People of Kazakhstan may revoke its nominated candidate by filing a relevant written application to the Central Election Commission. In these cases, the Central Election Commission shall decide on cancellation of the registration of the candidate. 

Article 91. (Excluded by the Constitutional Act of the Republic of Kazakhstan as of April 14, 2004 № 545-II)

Article 92. (Excluded by the Constitutional Act of the Republic of Kazakhstan as of June 19, 2007 № 268-III)

Article 92-1. The size of the election fund of the political party

1. The candidates standing for elections under party lists nominated by the political Parties have no right to form their own election funds. 
2. The election fund of the political party is formed of: 
1) The political party’s own funds. The total sum should not exceed the size of the minimum wages established by the legislation for more than five thousand times; 
2) Donations of citizens and organizations of the Republic of Kazakhstan. The total sum should not exceed the size of the minimum wages established by the legislation for more than ten thousand times. 

Article 93. (Excluded by the Constitutional Act of the Republic of Kazakhstan as of June 19, 2007 № 268-III)

Article 93-1. Procedures for Holding a Session of the Assembly of the People of Kazakhstan with regards to Election of deputies of the Mazhilis 

1. An election of deputies of Mazhilis to be elected by the Assembly of the People of Kazakhstan shall be held at a session of the Assembly of the People of Kazakhstan called by the President of the Republic. 
2. The session of the Assembly of the People of Kazakhstan shall be attended by the Chairman and members of the respective territorial election commission of the capital of the Republic or the city of the republican status, on whose territory a session shall be held. The Board of the Assembly of the People of Kazakhstan shall notify the Central Election Commission of the voting venue within ten days before the voting. 
3. The election commission shall arrange a station for voting on the election of Mazhilis deputies in the premises where a session of the Assembly of the People of Kazakhstan is held. 
4. Minutes of the session of the Assembly of the People of Kazakhstan to be submitted to the territorial election commission shall be a document certifying that such s session on election of Mazhilis deputies has been held. 
5. The session shall be closed after the announcement of returns of voting with regards to the election of Mazhilis deputies by the corresponding territorial election commission. 

Article 94. Counting of Votes during Election of deputies of the Mazhilis based on Party Lists

1. Based on the voting returns, the divisional election commission shall draw up voting minutes to be immediately forwarded to the corresponding territorial election commission. 
2. The returns of a party-list based election shall be determined at a sitting of the Central Election Commission based on the minutes of corresponding territorial election commissions to be forwarded to the Central Election Commission within two days of the date of election. Minutes shall be drawn up with regards to the election returns. 
3. Other issues related to determination of the vote counting results and election returns shall be determined in accordance with the rules set out in the General part hereof. 

Article 94-1. Counting of Votes during Election of deputies of the Mazhilis elected by the Assembly of the People of Kazakhstan

1. The returns of the counting of votes during the election of deputies of the Mazhilis to be elected by the Assembly of the People of Kazakhstan shall be determined at a sitting of the corresponding territorial election commissions held at the voting station. 
2. Based on the voting returns, the territorial election commission shall draw up vote-counting minutes to be announced at the session of the Assembly of the People of Kazakhstan and to be forwarded to the Central Election Commission within two days of the election date. 
3. Other issues related to determination of the vote counting results shall be determined in accordance with the rules set out in the General part hereof. 

Article 95. Repeated Voting during Elections of deputies of the Mazhilis

1. At the request of the corresponding territorial election commission or citizens’ requests, the Central Election Commission can nullify the election of Mazhilis deputies in a corresponding administrative and territorial unit, if this Constitutional Act was breached during the elections or vote counting or determination of the election returns, which do not allow the results of expression of the citizens’ will to be determined with accuracy. In this case the Central Election Commission shall announce repeated voting in a corresponding administrative and territorial unit. 
2. Repeated voting shall be held within the deadlines established by the Central Election Commission under based on same party lists, the same polling districts and the same voter lists, which were used for the initial elections. Repeated voting shall be announced in mass media. 

Article 96. Repeated Elections of deputies of the Mazhilis

1. If party-list elections of deputies of the Mazhilis were recognized void and null, the Central Election Commission shall decide on conducting a repeated election of deputies of the Mazhilis based on party lists. Voting shall be made at the same polling districts and the same voter lists, which were used for the initial elections. 
2. Repeated elections of deputies of the Mazhilis to be elected by the Assembly of the People of Kazakhstan shall be set by the Central Election Commission, if the election was recognized void and null or if no person was elected during the initial elections. 
3. Repeated elections shall be conducted no later than within two months of the initial elections or before the deadline set by the Central Election Commission. Election activities stipulated for repeated elections shall be carried out in accordance with the procedures established hereby. Shorter deadlines for election activities shall be set by the Central Election Commission. 
4. Repeated elections shall be announced in mass media.

Article 97. Establishment and publication of the results of elections of deputies to Mazhilis

1. The results of elections of deputies to Mazhilis across the Republic are determined by the Central Election Commission in seven-day’s term from the date of the election’s holding. 
2. (Excluded). 
3. Other issues related to determination and publication of the election returns shall be solved in compliance with the rules established in the General part of the present Constitutional Act. 

Article 97-1. Distribution of deputy mandates based on the ballots under party lists

1. The Central Election Commission sums up the voices of the voters given on the territory of the single national district per each party list that has received seven and more percents of voters’ voices from the total number of the voters that have taken part in voting. The sum of voters’ voices given for political parties and reaching over seven percent shall be divided shall be replaced with the number of allocated deputy mandates. The received result is the first election quotient (quota). 
2. The poll received by each party list participating in distribution of deputy mandates is divided by the first election quotient. The whole part received as a result of division of the number is the number of deputy mandates to be received by the corresponding political party that has made the party list. 
3. If after the actions effected according to item 2 of the present article there are undistributed mandates, they will be subject to the secondary distribution. The undistributed mandates shall be distributed by one between those party lists which have the greatest fractional part (the remainder) of the number received in the result of division in compliance with item 2 of the present article. At equality of the greatest remainder, the advantage shall be given to the party list registered earlier. 
4. The sequence of allocation of deputy mandates shall be determined by the chief body of a political party among the candidates included into the party list according to clause 4 of article 89 hereof within ten days from the date of publication of the election returns. If the chief body of the political party fails to determine the sequence of distribution of received deputy mandates before the deadline set in the first part of this clause, the Central Election Commission shall issue a decision with regards to distribution of deputy mandates received by party according to the registered lists in the alphabetical order of the state language. 
5. In case of advanced retirement of the deputy, the Central Election Commission shall issue a decision transferring his/her mandate to the next candidate to be selected by the chief body of the political party from among the individuals included into the party list according to clause 4 hereof. In case there are not any more candidates left in the corresponding party list, the mandate remains vacant till the following elections of deputies to the Mazhilis. Political parties have the right to change sequence of candidates in their party lists upon addressing the Central Election Commission with a written application and enclosing an abstract of the minutes from the meeting of the political party’s chief body. 

Article 98. Registration of deputies of the Mazhilis

The Central Election Commission registers elected deputies of the Mazhilis 

Article 99. Conducting of extraordinary elections of deputies of Mazhilis and elections of deputies instead of the retired deputies

1. The extraordinary elections of deputies to the Mazhilis and elections of deputies instead of the retired members are conducted according to the rules established by the present Constitutional Act for regular elections of deputies to the Mazhilis. At that, the terms of conducting of election actions are defined by the Central Election Commission. 
2. One year prior to the expiration of the constitutional term of office of Mazhilis deputies, the elections of the deputy to replace the retired deputy are not held. 

Article 100. Consideration by the Constitutional Council of the issue of correctness of holding elections of deputies of the Mazhilis

1. By the appeal of the Republic President, of the Chairman of the Senate, the Chairman of Mazhilis, not less the one fifth part of the total number of Parliament deputies and the Prime-minister of the Republic which can be submitted within ten days after summing up the results of the elections, the Constitutional Council solves the issue of correctness of holding the elections of deputies of the Mazhilis in case of a dispute. In this case, the registration of the elected deputies of the Mazhilis is suspended for the period of time for consideration of the appeal. 
2. The Central Election Commission in case of rise of a dispute on correctness of holding the elections of deputies of the Mazhilis shall submit the materials related to preparation and holding the elections to the Constitutional Council. 
3. In case of a recognition by the Constitutional Council of non-compliance of the elections of deputies of Mazhilis under party lists to the Constitution in territories of those administrative and territorial units where Constitution infringements have been established, the Central Election Commission makes the decision on a recognition of the elections null and void in territory of these administrative and territorial units and on the conduction of repeated voting. 
4. In case of a recognition by the Constitutional Council of non-compliance of the elections of deputies of the Mazhilis elected by the Assembly of the People of Kazakhstan to the Constitution the Central Election Commission makes the decision on recognition of these elections null and void and on the conduction of repeated elections of deputies of the Mazhilis elected by the Assembly of the People of Kazakhstan.