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