Unofficial translation
In accordance with subparagraph 6-2) of Article 12 of the Constitutional Law of the Republic of Kazakhstan of September 28, 1995 “On Elections in the Republic of Kazakhstan”, the Central Election Commission of the Republic of Kazakhstan hereby RESOLVED AS FOLLOWS:
1. That the enclosed Rules for Amending the Ballot Papers in Cases of Withdrawal of a Candidature, Cancellation of the Decision to Nominate a Candidate, Cancellation of the Decision to Register Candidates, Party Lists shall be approved.
2. The Department for the Organizational and Legal Support of the Central Election Commission of the Republic of Kazakhstan shall ensure:
1) the state registration of this resolution with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration with the Ministry of Justice of the Republic of Kazakhstan of this resolution, sending it in both Kazakh and Russian languages to the Republican State Enterprise on the Right of Economic Management of the “Republican Center of Legal Information” of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) the placement of this resolution on the Internet resource of the Central Election Commission of the Republic of Kazakhstan after its official publication.
3. This resolution shall become effective from the date of its first official publication.
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Acting Chairman of the Central Election Commission of the Republic of Kazakhstan |
K. Petrov |
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Secretary of the Central Election Commission of the Republic of Kazakhstan |
S. Mustafina |
| Approved by Resolution No. 16/209 of the Central Election Commission of the Republic of Kazakhstan of September 19, 2018 |
Rules for Amending the Ballot Papers in Cases of Withdrawal of a Candidature, Cancellation of the Decision to Nominate a Candidate, Cancellation of the Decision on Registration of Candidates, Party Lists Chapter 1. General Provisions
1. These Rules for Amending the Ballot Papers in Cases of Withdrawal of a Candidature, Cancellation of the Decision to Nominate a Candidate, Cancellation of the Decision on Registration of Candidates, Party Lists (hereinafter referred to as the Rules) are developed in accordance with subparagraph 6-2) of Article 12 of the Constitutional Law of the Republic of Kazakhstan dated September 28, 1995 "On Elections in the Republic of Kazakhstan" (hereinafter referred to as the Constitutional Law) and determine the procedure for amending electoral bulletins in cases of withdrawal of the candidature, cancellation of the decision to nominate a candidate, cancellation of the decision on registration of candidates, party lists.
2. The amendments to the ballot papers shall be made after their manufacture and delivery to polling stations.
Chapter 2. Procedure for making amendments to the ballots
3. The decision to amend the ballot papers after their production shall be taken at the time of the election:
1) of the President, deputies of the Mazhilis of the Parliament - by the Central Election Commission;
2) of the deputies of the Mazhilis of the Parliament, Maslikhats elected by single-mandate territorial constituencies - by the District Election Commission;
3) of the deputies of the Senate of the Parliament - by the election commission of the oblast, cities of republican significance and the capital;
4) of the deputies of the maslikhat - by the territorial election commission that registered the party list;
5) of the akim of a district, a city of regional significance, a city of district significance, a village, a settlement, a rural district, members of other local self-government bodies - by the district (city of regional significance) election commission.
The decision to amend the ballot papers shall be forwarded to the higher election commission.
Footnote. Paragraph 3 - as reworded by Resolution of the Central Election Commission of the Republic of Kazakhstan No. 132/627 of 27.12.2022 (shall enter into force on 01.01.2023).4. Exclusion of the surname, first name and patronymic (if it is stated in the identity document) of a candidate from the ballot paper for voting for the election of the President of the Republic of Kazakhstan shall be made if, pursuant to the procedure prescribed by the Constitutional Law, the candidate has withdrawn his/her candidature or the supreme body of the republican public association has cancelled its decision to nominate the candidate, or the Central Election Commission has taken a decision to cancel the registration of the candidate.
Footnote. Paragraph 4 - as reworded by Resolution of the Central Election Commission of the Republic of Kazakhstan No. 132/627 of 27.12.2022 (shall enter into force on 01.01.2023).5. The surname, first name and patronymic (if it is stated in the identity document) of a candidate shall be excluded from the ballot paper for voting for the election of deputies to the Senate of the Parliament if, under the procedure established by the Constitutional Law, the candidate has withdrawn his/her candidacy or the Maslikhat (maslikhats) that nominated the candidate has cancelled its decision to nominate the candidate or the election commission of the oblast, cities of republican significance or the capital has taken a decision to cancel the registration of the candidate.
Footnote. Paragraph 5 - as reworded by Resolution of the Central Election Commission of the Republic of Kazakhstan No. 132/627 of 27.12.2022 (shall become effective on 01.01.2023).6. The name of a political party shall be excluded from the ballot paper for voting on the elections of deputies to the Mazhilis of the Parliament elected by party lists, if the Central Election Commission decides to cancel the registration of the party list as prescribed by the Constitutional Law.
Footnote. Paragraph 6 - as reworded by Resolution of the Central Election Commission of the Republic of Kazakhstan No. 132/627 of 27.12.2022 (shall take effect on 01.01.2023).6-1. The name of a political party shall be excluded from the ballot paper for voting in elections of deputies to the maslikhat of the oblast, city of republican significance, capital city, elected by party lists, if in the order established by the Constitutional Law the relevant territorial commission has taken a decision to cancel the registration of the party list.
Footnote. The Rules have been supplemented with paragraph 6-1 under Resolution of the Central Election Commission of the Republic of Kazakhstan No. 132/627 dated 27.12.2022 (shall be effective on 01.01.2023).7. An exclusion of the name of a political party from the ballot paper for voting on the election of Maslikhat deputies shall be made if, in accordance with the procedure established by Constitutional Law, the relevant territorial election commission decides to cancel the registration of the party list.
7-1. The surname, first name and patronymic (if it is given in the identity document) of a candidate shall be excluded from the ballot paper for voting for the election of deputies to the Maslikhat by single-mandate constituencies if, pursuant to the procedure prescribed by the Constitutional Law, the candidate has withdrawn his/her candidacy or the public association that nominated the candidate has cancelled its decision to nominate the candidate, or the relevant election commission has taken a decision to cancel the registration of the candidate.
Footnote. The Rules have been supplemented with paragraph 7-1 as per Resolution of the Central Election Commission of the Republic of Kazakhstan No. 132/627 dated 27.12.2022 (shall be put into effect on 01.01.2023).8. The surname, first name and patronymic (if it is stated in the identity document) of a candidate shall be excluded from the ballot paper for voting for the election of akim of a district, city of regional significance, city of district significance, village, settlement, rural district if, pursuant to the order set by the Constitutional Law, the candidate for akim has withdrawn his/her candidacy or the supreme governing body of the relevant branch (representative office) of the political party, the superior akim who nominated the candidate has cancelled its decision to nominate the candidate, or the district (city of oblast significance) election commission has made a decision to cancel the candidate's registration.
Footnote. Paragraph 8 - as reworded by Resolution of the Central Election Commission of the Republic of Kazakhstan No. 132/627 of 27.12.2022 (shall become effective on 01.01.2023).9. The introduction of amendments to the ballot papers shall be made by the members of the precinct election commission, determined by the Chairman of the precinct election commission.
10. While adopting the decision mentioned in paragraph 3 hereof, members of the precinct election commission shall cross out with a biro with blue coloured paste the name of the political party or the surname, first name, patronymic (if it is stated in the identity document) of the candidate and the square located to the right thereof, and put their signature, surname and initials to the right of the crossed out name of the political party or the surname, first name, patronymic (if it is stated in the identity document) of the candidate and the square. The lines (line) of crossing out must be straight and go through each line of data on the political party or candidate and through the square.
Ballot papers shall be amended no later than election day.
Footnote. Paragraph 10 - as reworded by Resolution of the Central Election Commission of the Republic of Kazakhstan No. 132/627 of 27.12.2022 (shall enter into force on 01.01.2023).