Lawyers Explain Rights and Obligations of Election Observers

February 28, 2023

Duman Zhampeisov, a member of the headquarters of the Movement for Fair Elections, told about the rights and obligations of observers at the upcoming elections to Mazhilis and maslikhats at a briefing in the capital.

The lawyer noted that on the day of voting at each polling station one observer from each party, other accredited public association or non-profit organization of our country is entitled to be present at the same time.

Observers have the right to:
1) to be present at the meeting of the election commission;
2) to receive information about the number of voters, who took part in voting, including out-of-office voting
3) to be in the voting room of the corresponding polling station during the voting and counting of votes;
4) to accompany portable ballot boxes, including being in the vehicle during their transportation;
5) to observe the voting process, the procedure of vote counting and registration of voting results at the polling station, at the polling station in conditions, which ensure a clear view of all the mentioned procedures;
6) to appeal the decisions, actions (inactions) of the corresponding election commission and (or) its members to the superior election commission or court;
7) to be present at voting outside the voting premises in case of impossibility of their arrival at the voting premises
8) be present at the counting and redemption of unused ballot papers by members of precinct election commission
9) make photo, audio and video recordings without interfering with the course of voting and summarizing the results;
10) observe the procedure of transferring protocols on the results of voting to higher election commissions;
11) to get acquainted with the protocols of the election commission on the results of voting after the voting has taken place and to receive their certified copies;
12) to draw the attention of the members of the election commission to violations of the requirements of this Constitutional Law, to serve them with appropriate written statements, acts of violations and to receive marks of service. The chairperson of the election commission, the person substituting him/her shall be obliged, upon request of the proxies, observers, to attach the acts drawn up by them to the protocol of counting the votes.

Observers shall be obliged:
1) to have with them documents certifying their identity and powers;
2) not to interfere in the electoral process, in the procedure of vote counting and decision-making by the election commission;
3) not to take actions that interfere with the work of the election commission;
4) comply with the requirements of the chairperson of the election commission to observe the rules of conduct at the polling station, established by the corresponding election commission;
5) base their remarks on documented, valid and verifiable facts;
6) comply with the requirements of this Constitutional Law and other legislation of the Republic of Kazakhstan;
7) to keep impartiality, not to express preference for a particular candidate, political party.

Duman Zhampeisov added that in case of violation of the legislation of the Republic of Kazakhstan on elections the observer and other persons shall be removed from the voting premises by a motivated decision of the election commission made in writing. If the observers violate the legislation, the corresponding election commission has the right to cancel the observer's registration.

He also spoke about the conditions that should be provided to observers for the monitoring of elections.

"Observers must be provided with the opportunity to observe the ballot boxes, the entrance and exit from the secret voting booths. In the voting room, the tables at which the votes are counted shall be placed in such a way as to provide a view of the actions of the PEC members from all persons present in the room. Proxies and observers present during the counting of votes observe the counting from a distance and in a way that ensures visibility of the marks on the ballots," he concluded.