|
Kazakhstan
General Right to
Vote
Constitution:
(1996)
Article 33 paragraph (2) states: "Citizens of the Republic
shall have the right to elect and be elected into public and local self-administrations
as well as to participate in an all-nation referendum."
Electoral Law:
(1999: On Elections in Kazakhstan)
Article 4 paragraph (1) states: "Universal active suffrage
is the right of the citizens of the Republic who are over eighteen to
vote in elections regardless of origin, social, official and property
status
"
Article 4 paragraph (2) states: "Passive suffrage is the right
of the citizens on the Republic to be elected for the Presidency, a deputy
of the Makilis of the Parliament, the maslikhats or a member of a body
of local self-administration."
Exclusion Based
on Mental Disability
Constitution:
(1996)
Article 33 paragraph (3) states: "The right to elect and be
elected, to participate in the all-national referendum shall not be extended
to the citizens judged incapable by a court as well as those held in places
of confinement on a court's sentence."
Electoral Law:
(1999: On Elections in Kazakhstan)
Article 4 paragraph (3) states: "Citizens recognized incapable
by a court and those kept in the places of confinement on a court's sentence
shall not take part in elections."
Exclusion Based
on Physical Disability
Constitution:
(1996)
Article 41 paragraph (2) states: "A citizen of the Republic
shall be eligible for the office of the President of the Republic of Kazakhstan
if he
has a perfect command of the state language
"
Voter Assistance
by Other Citizens
Electoral Law:
(1999: On Elections in Kazakhstan)
Article 42 paragraph (1) states: "
A voter (elector)
unable to fill out ballot papers without assistance has the right to resort
to the help of a person whom he or she trusts and whose surname after
voting is entered on the voters' list next to the voter's (elector's)
signature of receipt of the ballot paper. This person shall not be: a
member of the election commission; an official of a local representative
or executive body; a candidate's representative; a journalist representing
mass media; an observer from public amalgamation of the Republic or an
observer of a foreign state or international organization accredited by
the corresponding election commission."
Poll Worker Manuals:
Collection of Resolutions, Instructions, Recommendations of the Central
Election Commission on Preparation and Conduct of Voting at the Polling
Station (1999)
If a person is blind, visually impaired, or incapacitated in such
a way as to prevent him from voting independently, he may have his ballot
marked by a companion p 9
Off-Site Voting
Alternatives
Electoral Law:
(1999: On Elections in Kazakhstan)
Article 41, paragraph 6 states: "In case when some constituents
according to state of their health or any other reasons could not arrive
for voting, the polling station commission according to their request
should organize the voting at the place of staying of these constituents.
An oral apply on granting possibility to vote outside the voting room
should be confirmed by a constituent in written form upon arrival of members
of the precinct election commission. Representatives and observers indicated
in this Constitutional Law during conduct of voting outside the premises
for polling have the right to attend it."
Poll Worker Manuals:
Collection of Resolutions, Instructions, Recommendations of the Central
Election Commission on Preparation and Conduct of Voting at the Polling
Station (1999)
"If voters vote outside the polling station, representatives
and observers escort mobile ballot boxes" p 6
"If the voter is unable to arrive at the polling station for
reasons of health, or if he/she looks after a sick family member or children,
the voter has the right to vote at the place of his/her stay." The
voter "may put in an application for voting outside the polling station
in written or oral form" p 10
|