Chapter 13 :: Elections of deputies of the Maslikhat of the Republic of Kazakhstan

Article 101. Calling an election of deputies of the Maslikhat

1. The grounds for calling of: 
1) Regular elections - termination of the constitutional term of office of Maslikhats, except for the cases stipulated by the Law; 
2) Extraordinary elections - the advance cease of authorities of Maslikhats; 
3) Elections of deputies to replace the retired deputies - the advance cease of authorities of the deputy, forfeiture of his/her mandate or his/her death. 
2. The regular elections of deputies of the Maslikhat are called by the Central Election Commission not less than three months prior to expiration of the term of office of Maslikhats and should be conducted not less than one month prior to the expiration of the constitutional term of office of Maslikhats. 
3. Extraordinary elections of deputies of the Maslikhat the authorities of which are terminated ahead of schedule shall be called by the Central Election Commission on the basis of the President’s Decree on the advance cease of Maslikhats’ authorities, decision of the Maslikhat on its self-dissolution and should be conducted not later than two months from the date of the advance cease of authorities of Maslikhats. 
4. Elections of deputies of the Maslikhat to replace the retired deputies are called by the oblast, urban (the city of the Republican significance and the capital of the Republic) election commission not later than three months from the date of the advance cease and forfeiting of the mandate of the deputy or his/her death. 
5. The regular elections of deputies of the Maslikhat of all levels are conducted simultaneously and cannot coincide by the terms with the Elections of the President of the Republic of Kazakhstan and elections of the deputies of the Senate of the Parliament. 
6. The announcement about the day of elections is published in mass media. 

Article 102. The requirements to the deputies of the Maslikhats

To be elected as the deputy of Maslikhat, the citizen should meet the requirements established in item 3 of article 86 of the Constitution and also have the election franchise according to items 2 and 3 of article 33 of the Constitution and the present Constitutional Act. 

Article 103. Nomination of candidates to deputies of the Maslikhats

1. Nomination of candidates to deputies of the Maslikhats is made by the Republican or local public associations registered in due order, and also by their structural divisions, and of citizens – through self-nomination. 
2. Nomination of candidates to deputies of the Maslikhat by the Republican or local public associations and their structural divisions is made by their supreme bodies with indication of the electoral district in which each candidate will stand for elections. The public associations have no right to put forward candidates out of the persons who are not members of the given public association. The public association or its structural division can put forward in each electoral district only one candidate to deputy of the Maslikhat. The decision on nomination of candidates to deputies of the Maslikhats is accepted by a majority of the total number of members of the supreme body of the Republican or local public association and its structural division, and shall be validated in the format of an abstract of the minutes. 
3. The decision of the supreme body of the public association: 
1) Shall be brought to the notice of the proposed candidate; 
2) With the candidate’s application on his/her consent to stand for elections it will be delivered to the corresponding district election commission. 
4. Nomination of candidates to deputies of the Maslikhat by citizens is made through self-nomination by submission to the corresponding district election commission of an application expressing the intent of an applicant to stand for elections to deputies of Maslikhat in the given territorial electoral district. 
5. Nobody can be put forward as a candidate from more than one electoral district. 
6. Nomination of candidates begins two months before and ends one month prior to the day of elections if it is not established otherwise at calling an election. 
7. If by the day of termination of the term for registration of candidates in the corresponding electoral district, less than two candidates to deputies of Maslikhat have been registered, then, the territorial election commission based on the presentation submitted from the corresponding district election commission shall prolong the term for nomination of candidates but not for more than twenty days. 
8. The district election commission within three days establishes the eligibility of the candidate to the requirements of the Constitution and the present Constitutional Act. 

Article 104. Registration of candidates to deputies of Maslikhats

1. Registration of candidates to deputies is realized by district election commissions. 
Prior to his/her registration and following the check of his/her compliance with the requirements set by the Constitution and this Constitutional law, a candidate to the deputy of the Maslikhat shall deposit with the account of the Central Election Commission an election fee equal to 5 minimum wages as established by law. The fee paid shall be refunded to the candidate, if the candidate is elected as a deputy of the Maslikhat or the candidate received votes of at least five percent of voters and in case of the candidate’s death. In all other cases, the deposited fee shall not be refunded and shall proceed to the Republican budget. 
1-1. Before registration, a candidate and his/her spouse shall submit declarations on income and property to the tax bodies by the place of his/her residence for the first day of the month when the nomination term starts which is established in the order and form fixed by the authorized body of the Republic ensuring tax control over fulfillment of tax liabilities before the state. 
The authenticity of information about income and property declared by a candidate and his/her spouse is checked by the tax bodies within fifteen days since the day of registration of a candidate. 
In this case, the organizations that were asked by the tax bodies to provide information about income and property of a candidate and his/her spouse are obliged to provide the requested information within four days since receiving the request. 
2. Registration of the candidate put forward by a public association is made if the following documents are provided: 
1) Abstracts of the minutes of the supreme body meeting of the public association on nomination of the candidate in the corresponding electoral district with enclosure of a copy of the document on registration of the given public association in judicial authorities; 
2) Application of the citizen expressing his/her consent to run for the candidacy to deputies in the given electoral district from the public association that has put forward the candidate; 
3) The biographic data of the candidate; 
4) Excluded; 
5) A reference from the tax body confirming that the candidate and his/her spouse have submitted declarations on income and property; 
6) Document confirming the deposit of an election fee by the candidate. 
3. Registration of the candidate in case of his/her self-nomination is realized on provision of the following documents: 
1) Application on intention to run for the candidacy to deputies from the given electoral district; 
2) The biographic data of the candidate; 
3) (Excluded); 
4) A reference from the tax body confirming that the candidate and his/her spouse have submitted declarations on income and property; 
5) Document, confirming the deposit of an election fee by the candidate. 
4. Any number of candidates to deputies of Maslikhats can be proposed for registration. 
5. The district election commission constitutes the minutes on registration of candidates to deputies of Maslikhats which in five-day’s term shall be submitted to the corresponding territorial election commission. 
6. The district election commission: 
1) Not later than on the seventh day after registration of candidates shall publish in local mass media the announcement on registration with indication of the surname, name, patronymic, year of birth, post, place of work and residence of each candidate, and also, depending at discretion of the candidate, the data on his/her belonging to the public association and nationality; 
2) At registration of candidates issues to them the approved certificates; 
3) Refuses in registration or cancels the decision on registration of the candidate in the following cases: 
Infringements by the candidate of the rules of nomination, non-submission of the necessary documents for registration; 
Non-eligibility of the candidate to the requirements stipulated by the Constitution and the present Constitutional Act; 
Use by the candidate of his/her official or job position for the purposes of the election campaign; 
Conducting by the candidate of a pre-election campaign before his/her registration, on the day of elections or the day preceding it; 
Establishment by court of the fact of distribution by the candidate and (or) his proxies of the falsehoods discrediting honor and dignity of the other candidate, undermining his/her business reputation; 
Establishment by court of the facts of payoff with voters of the candidate and his proxies; 
In other cases established by the present Constitutional Act; 
3-1) Cancels the decision on registration of the candidate in case of revealing at the moment of a declaration submission a fact of non-authenticity of data on income and property declared by the candidate or his/her spouse according to the legislation of the Republic of Kazakhstan on struggle against corruption. 
The refusal in registration or cancellation of registration can be appealed by candidates in the corresponding court. 
Two days prior to the ballot day, it is impermissible to cancel the decision on registration of the candidate or to restore the candidate who was earlier withdrawn from registration. 
7. The refusal in registration of the candidate or cancellation of the decision on registration can be appealed in seven-day’s term by the public association or the candidate in the territorial election commission or in court. At that, the territorial election commission or the court shall pass a decision in respect to this petition within seven-day’s term from the date of submission of the petition. 
8. Registration of the candidate to deputies of the Maslikhats begins two months before and ends twenty five days prior to the day of elections if it is not established otherwise at calling an election. 

Article 105. Withdrawing of the candidature, cancellation of the decision on nomination of the candidate to deputies of the Maslikhat

1. The candidate to deputies of the Maslikhat within the period since the registration day and two days prior to voting can take off his/her candidature through submission of a written application about it to the district election commission. 
2. The supreme body of the Republican or local public association or the structural division of the public association within the period before registration and after it can cancel its decision on nomination of the candidate to deputies of the Maslikhat through submission of a corresponding statement to the district election commission. 
3. In these cases, the district election commission does not register the candidate or cancels the decision on registration of the candidate. 
4. If withdrawing of the candidature or cancellation of the decision on nomination of the candidate have been effected without any reasonable causal circumstances for it, the district election commission has the right to charge part of the expenses incurred for conducting of the election campaign that were covered from the funds of the Republican budget to the account of the candidate or the public association that has accordingly put forward the candidate. 

Article 106. The size of the election fund of the candidate to deputies of the Maslikhat

The election fund of the candidate is formed of: 
1) Own funds of the candidate. The total sum should not exceed the established by the legislation of the Republic of Kazakhstan size of the minimum wages for more than hundred times; 
2) The funds allocated to the candidate by the public association which has put him/her forward. The total sum should not exceed the established by the legislation of the Republic of Kazakhstan size of the minimum wages for more than two hundred times; 
3) Donations of citizens and organizations of the Republic of Kazakhstan. The total sum should not exceed the established by the legislation of the Republic of Kazakhstan size of the minimum wages more than three hundred times. 

Article 107. Nomination of candidates to deputies of the Maslikhats instead of the retired deputies after termination of the term of registration

1. If in the result of the candidates’ retiring, after termination of the term of registration, less than two candidates to deputies of the Maslikhat remain in the corresponding electoral district, the territorial election commission based on the presentation made by the corresponding district election commission based on its decision shall prolong the term of elections, but not for more than two months. 
2. In this case nomination of candidates to deputies of the Maslikhats is realized according to the rules established by the present Constitutional Act. 

Article 108. Counting of votes at elections of deputy of the Maslikhat

1. The local election commission based on the results of voting issues the minutes of voting which is immediately sent to the district election commission. 
2. The election returns of the deputy of Maslikhat are determined at the meeting of the district election commission on the basis of the minutes of the local election commissions. The minutes shall be issued on the election returns of deputy of the Maslikhat signed by the chairman and members of the district commission and will be sent to the corresponding territorial election commission within not more than two-day’s term from the date of elections. 
3. Other issues related to determination of the results of votes’ counting and the election returns shall be solved in compliance with the rules stipulated in the General part of the present Constitutional Act. 

Article 109. (Excluded by the Constitutional Act of the Republic of Kazakhstan as of April 14, 2004 № 545-II). 

Article 110. Repeated elections of deputies of the Maslikhat 

1. If elections have been declared null and void, the territorial election commission makes a decision on conducting of the repeated elections. Voting is conducted in the same polling stations and under the same electoral registers that have been constituted for conducting of the initial elections. 
2. Repeated elections are conducted not later than in two months’ term after the initial elections. Election actions the accomplishment of which is stipulated for the repeated elections shall be conducted according to the rules stipulated by the present Constitutional Act. At that, the reduced terms of the election actions are defined by territorial election commission. 
3. Local mass media will be informed about conducting of the repeated elections. 
4. (Excluded). 

Article 111. Establishment and publication of the results of elections of deputies of the Maslikhat 

1. The results of elections of deputies of the Maslikhat are established by the corresponding territorial election commission not later than in five-day’s term from the date of holding the elections. 
2. The candidate shall be considered to be elected as deputy of the Maslikhat provided the majority of voters who have taken part in the voting voted for him/her in comparison with other candidates. 
3. Other issues related to establishment and publication of the results of elections of deputies of the Maslikhat are solved according to the rules established in the General part of the present Constitutional Act. 

Article 112. Registration of deputies of maslikhats

1. Corresponding territorial election commission on the basis of minutes by district election commissions registers elected deputies of maslikhats. 
2. Corresponding territorial election commission under proposal of the district election commission or appeals of citizens can recognize elections of deputies of maslikhats as invalid, if in the course of elections or vote counting or vote tabulation occurred breach of the present Constitutional Act and can refuse in registration of a deputy of maslikhat. At that, the decision by territorial election commission within ten days since its adoption can be appealed by candidates to deputies of maslikhat to the court, which in ten-day term makes a decision. 

Article 113. Conduction of extraordinary elections and by-elections of deputies of maslikhats 

1. Extraordinary elections of deputies of maslikhats and by-election of deputies instead of those, who left maslikhats, are carried out in compliance with rules, established by the present Constitutional Act for regular elections of deputies of maslikhats. At that the time-frame for conduction of electoral activities are defined by the corresponding territorial election commission. 
2. By-elections of deputies instead of those deputies, who left maslikhats, are not carried out one year prior expiration of deputies’ mandate.