3
LEGISLATIVE AND REGULATORY FRAMEWORK
3.1 The Electoral Law
In response to concerns raised by the OSCE
and other international organizations, the authorities of Kazakhstan enacted a new
Constitutional Law on Elections (the Election Law) on 6 May 1999 that improved the
legislative framework, but still fell short of OSCE commitments. It covers the
presidential, parliamentary (both Majilis and Senate) and local elections.
The Election Law contained improvements that reflected some of the
concerns expressed by ODIHR in its recommendations for the presidential election.
Political parties, formerly treated in the law like any other public associations,
achieved special status in keeping with their unique place in the political life of the
country.
However, the Election Law included significant shortcomings, among
others, regarding: (1) the independence of election administration bodies; (2) the
transparency of the electoral process; (3) the vote count and tabulation of results; (4)
equal access to the media; (5) the registration of political parties and candidates; and
(6) the abuse of “administrative penalties” to disqualify opposition candidates. In
the end, the Central Election Commission adopted an extensive set of regulations, further
improving the legislative framework that, if implemented, created the potential to
meet OSCE commitments.
3.2 System of Representation
The Constitution of the Republic of
Kazakhstan provides for a two-chamber parliament – the Senate and the Majilis.
Kazakhstan is divided into fourteen oblasts, the capital Astana, and Almaty.
The Senate (Upper House)
The Senate has 39 members with 6-year
terms:
- 32 Members are elected on the basis of indirect suffrage by secret ballot at a joint
session of the deputies of Maslikhats (
Maslikhat” is a general term that refers to locally
elected officials. These include the assemblies of the Oblasts and cities of Astana and
Almaty, as well as regional administrative units encompassing a number of smaller towns
and villages, or the other major cities and towns in Kazakhstan that have their own local
assemblies. ) in each Oblast (Oblast is the term for the level of regional
administrative authority), and in Astana and
Almaty. Each Senate district has two representatives.
Seven Members are appointed by the President.
The Majilis (Lower House)
The second chamber of the Parliament is
the Majilis, with 77 members. The election of deputies to the Majilis is based on direct
suffrage of adult citizens of Kazakhstan by secret ballot. It is a mixed system, with 10
seats elected on the basis of proportional representation and the remaining 67 elected in
single-mandate constituencies. The 10 October elections were the first in which the mixed
system was in place.
Party Lists and Proportional
Representation
The introduction of party lists and proportional representation was a
positive step in the evolution of a more pluralistic political environment. Under the new
system, 10 seats of the 77-seat Majilis were elected from party lists, on the basis of
proportional representation. For each candidate listed on a party list, a fee equal to 25
times the minimum wage must be deposited with the Central Election Commission. Under
the Election Law, these fees are refunded to the party as long as the party passes the 7%
threshold of the total votes cast.
The small number of seats and application of a 7% threshold for
participation in the allocation formula, considered relatively high in comparison with
standard thresholds used in more established democracies, limited the number of parties
that would benefit. As an initial gesture it represented a significant opportunity to
strengthen political party structures as opposed to reliance on individual political
personalities in local constituencies. However, the introduction of proportional
representation for this small number of seats with the high threshold attached offered
little risk of upsetting the existing power base in the Parliament.
The republic-wide constituency for the seats elected through the party
list ballot reflects the national support for competing political parties. Opposition
groups claimed that this made it particularly important as a means of illustrating the
breadth of opposition to or support for the President’s programs in general.
Single Mandate Constituencies
The 67 remaining seats in the Majilis are
elected on the basis of single-mandate constituencies, in which a winning candidate must
receive more than 50% of the votes cast in the first round. If no candidate attains
the required number of votes, the two candidates receiving the greatest number of votes
compete in a second round of voting. The candidate with the largest number of votes is
then elected.
Under the mixed system, each voter received two ballots for the Majilis
election: a candidate ballot for their constituency, and a party list ballot. Voters can
choose only one candidate and political party, but retain the option to vote against all
candidates or parties presented on the ballot.
Candidates on the party lists can only be nominated by a party,
although they are not required to be a member of the party. Candidates in the
single-mandate races may be nominated by political parties, by any other republican or
local public associations that have been duly registered with the Ministry of Justice or
may be self-nominated. However, under the Election Law, candidates cannot appear on a
party list and a ballot for a single mandate constituency at the same time.
Maslikhat Elections
Maslikhat elections at all levels were
held on the same day as the Majilis elections. This means that each voter was issued
ballots for these races as well. The number of total ballots a voter received was based on
where he or she lives, and the levels of administration that exist for that location.
The primary focus of the EOM remained the election of deputies to the
Majilis.
3.3 Administrative Structure
Elections are administered by a hierarchy
of appointed election commissions including a Central Election Commission (CEC),
Territorial Election Commissions (TEC), District Election Commissions and Precinct
Election Commissions. The term of office for the commissions is 5 years, although the
various election commissions are authorized to make changes in their composition within
the terms.
The Central Election Commission
At the top of the hierarchy is the Central
Election Commission. Its membership is nominated by the President and confirmed by the
Majilis. The CEC organizes the conduct of the elections, exercises control over lower
level commissions, establishes policy and oversees the uniform application of election
legislation. Within its competence, the CEC is also authorized to adopt decisions, which
are, in turn, binding throughout the Republic. In addition, the CEC forms the election
districts, establishes the format for the ballots, forms, and protocols, summarizes
nationwide election results, registers the elected officials, and calls for second round
and by-elections as necessary. The CEC has the authority to override decisions of lower
commissions and has its own permanent administrative staff.
Neutrality of Elections Commissions
The neutrality of election administration
commissions was a primary concern of political parties and candidates as well as the
international community.
In spite of a legal framework that places the Central Election
Commission at the head of a “unified system of election commissions”, Territorial,
District and Precinct Commissions were influenced and directed by regional and local
government authorities. Their composition was controlled by the Akims ( Akims are local representatives of the central government
at the Oblast, municipal, and district levels, and are appointed by the President), and their members were most frequently
individuals who are dependent on the favor of regional and local authorities for their
livelihood – i.e., teachers, doctors, and staff of organizations funded from the
state budget.
Although the CEC initiated the positive step to allow representatives
of political parties to hold one seat in lower level commissions to be drawn by lottery
where vacancies occurred or new commissions were created, in reality this pertained to only
about 25% of the commissions. In general, the system served to mask the affiliation of
many election commission members with OTAN, the party identified with current power
structures. This imbalance and the resulting bias promoted distrust and a lack of
confidence among those who had no voice on the commissions. Widespread cynicism and doubt
about the impartiality of those entrusted to maintain a level playing field were damaging
not only to the election campaign, but also to public confidence in the outcome of the
election.
Table of Election Commission
Structure
METHOD OF APPOINTMENT
(Articles 11,14,15,17) |
COMMISSION
|
MAIN RESPONSIBILITIES
(Articles 12,14,16,18) |
Approved by the
Majilis
Based On Recommendations by the President
5 Year Terms
Served by its Own Administrative Secretariat |
Central
Election Commission
|
- Implements Election Law at all levels and jurisdictions
- Adopts binding procedural regulations
- Conducts elections of President and Majilis, and directs Senate elections
- Supervises lower commissions & rules on complaints regarding their decisions
- Establishes electoral districts for Majilis elections
- Prepares and distributes budgets
- Registers candidates
- Establishes the form of ballots and protocols
- Tabulates and reports results for Presidential and Majilis elections
|
Approved by the
Central Election Commission at Oblast level and by higher-standing territorial commissions
at lower levels. Based on Recommendations of the relevant Akims
5 Year Terms
7 Members
Supported by Local Administrative Authorities |
Territorial
Election Commissions
(16+) |
- Implement Election Law within territory
- Carry out elections for President, Majilis and Maslikhats
- Conduct elections to Senate and register Senate candidates
- Direct activities of lower commissions in territory & can overrule their decisions
- Register candidates, conduct elections for Senate, & tabulate Senate results in
territory
- Form electoral districts for Maslikhat elections
- Tabulate results of Maslikhat elections in territory
- Call and conduct run-off and by-elections for Maslikhats in territory
|
Approved by the
Central Election Commission Based on Recommendations of the Oblast Akims
5 Year Terms
7 Members |
District
Election Commissions
(67)
|
- Organize elections to Majilis & Maslikhat locally
- Register candidates for Majilis & Maslikhats
- Prepare voter lists
- Establish precinct commissions and precincts, organize & supervise work of precinct
commissions
- Provide technical support and commodities to precincts
- Tabulate district results from precinct protocols
- Carry out run-off and by-elections for Majilis and Maslikhats
|
Appointed by
District Election Commissions Upon Recommendations of the Akim
5 Year Terms |
Precinct
Election Commissions
(Approximately 9,647) |
- Organize polling station
- Conduct polling on election day
- Notify voters about the voter list, date and time of polling & polling station
assignments
- Count votes at the close of polling & prepare protocols
- Consider and decide on complaints at polling station
|
|
|
