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The Regulations on ensuring the electoral rights of certain categories of citizens during elections and referenda of the Kyrgyz Republic
The Regulations on ensuring the electoral rights of certain categories of citizens during elections and referenda of the Kyrgyz Republic
Approved
by the Resolution # 216, of the Central Commission
on Elections and Referenda
of the Kyrgyz Republic
dated 17 November 2016
THE REGULATIONS
on ensuring the electoral rights of certain categories of citizens during elections and referenda of the Kyrgyz Republic
(as amended by resolutions of the Central Election Commission of the Kyrgyz Republic as of 4 July 2017 No. 200, 15 September 2017 No.452, 4 February 2020 No.30)
1. General Provisions
1.1. The Regulations have been developed in compliance with the Constitution of the Kyrgyz Republic, the Constitutional Laws of the Kyrgyz Republic “On elections of the President and Jogorku Kenesh deputies of the Kyrgyz Republic”, ”On the referendum of the Kyrgyz Republic”, the laws of the Kyrgyz Republic “On elections of local council deputies”, “On election commissions for conducting elections and referenda of the Kyrgyz Republic”, regulatory legal acts of the Central Commission on Elections and Referenda (hereinafter - CEC).
1.2. The purpose of the Regulations is to ensure the electoral rights of certain categories of citizens, which include:
- voters with disabilities who are unable to come to the polling station to vote for health reasons or disability;
- voters staying in organizations and institutions of social services and health care on the election day;
- military service men doing military service under conscription and contract and their family members;
- voters staying in places of detention as suspects and accused of committing crime.
1.3. State and local self-governance bodies, state and municipal institutions, organizations and enterprises, as well as their officials, shall assist election commissions in ensuring the electoral rights of citizens of these categories of voters. To register voters staying in social inpatient institutions, health care institutions and organizations, in places of detention as suspects and accused, in educational institutions of the General Staff, military personnel doing military service under conscription and contract, and their family members, and voters with disabilities, the authorized state bodies in charge of the above institutions, as well as the authorized body in the area of social development, are obliged to provide information on the actual number of these voters as of February 1 and August 1 of each year to the CEC. The form for submitting the information is approved by the CEC and contains the name, location of the institution (enterprise) in the context of region, district, settlement, the number of voters of certain categories of citizens, the number of places in institutions (enterprises).
The Regulations determine the order of interaction of:
- election commissions;
- the authorized body in the area of population registration (hereinafter - SRS);
- local self-governance bodies (hereinafter LSGBs);
- heads of territorial divisions of the authorized state body in the area of social development;
- heads of organizations and institutions of social services and health care;
- commanders of military units in which citizens of the Kyrgyz Republic do military service under conscription and under contract;
- heads of institutions in which persons suspected and accused of committing crime are held in custody;
- bodies of state pension social insurance (Social Fund and its territorial bodies);
- heads of enterprises with a continuous cycle of work.
1.4. Election commissions, in cooperation with LSGBs, coordinate the work to clarify information about the voters being the citizens of certain categories, organize the work to inform them and take measures to ensure their electoral rights.
1.5. The SRS, together with the heads of relevant institutions and organizations and commanders of military units, organize the work on biometric registration of citizens of certain categories, their inclusion into the list of voters, referendum participants (hereinafter - the list of voters), if necessary, provide them with identity documents.
1.6. LSGBs assist election commissions in resolving issues of providing voting premises which meet the needs of voters with disabilities, including voters who use wheelchairs or other aids and devices.
2. Organization of work to ensure the electoral rights of citizens with disabilities
2.1. After the date of election or referendum is announced, LSGBs submit a request to the territorial subdivisions of the authorized state body in the area of social development to provide a list of citizens with disabilities residing in the territory of local self-government who are not able to come to the polling station to check if they are on the voter list and to vote.
2.2. Territorial subdivisions of the authorized state body in the area of social development, within five days after the receipt of the request, provide the requested information to the LSGBs.
2.3. On the basis of the available data, LSGBs compile the lists of citizens with disabilities and, through municipal institutions and bodies of territorial public self-government (municipal territorial administrations, house, street and quarter committees, zhamaats, etc.), organize the work to verify them in the voter list of the corresponding polling station.
2.4. When elections of local council deputies are held, citizens who are members of local community (and who have a record of registration at their place of residence in ID-cards) are included in the voter lists.
2.5. In case the name of a citizen is not included in the voter list of the corresponding polling station, LSGBs check the following information about the voter through the SRS Service Center (toll-free number 119):
А) inclusion of the voter in the voter list of another polling station;
B) absence of the voter in the voter lists.
2.6. If a voter is included in the voter list of another polling station or inaccuracies in his personal data (incorrectly written address, full name, etc.) are revealed, then LSGB representatives will assist in filling out an application as per Form No.3 (Annex 3 to the Regulations) and together with a copy of the identification document (ID-card copy) no later than 15 days before the voting day submit them to the precinct election commission.
2.7. The precinct election commission includes the received applications into the register and submits them to the territorial election commission for subsequent submission to the SRS. The territorial election commission registers all received applications in the TEC register and submits them to the employee of the SRS territorial office for making the appropriate changes to the voter list.
2.8. If a voter is not on the voter list, then no later than 15 days before the voting day, LSGBs, together with the SRS, ensure biometric registration of the citizen. The work schedule of the SRS field group for the biometric data collection is made up jointly with LSGB representatives considering citizens’ wishes. After the biometric registration, the data is entered by the SRS into the voter list of the corresponding precinct.
3. Organization of work to ensure the electoral rights of citizens staying in organizations and institutions of social services and health care on the election day
3.1 The heads of social service institutions organize the work to ensure the participation of citizens staying in social service institutions in elections and referenda.
3.2. The institution representative verifies the citizens of this category are included in the voter list of the polling station on whose territory the institution is located.
3.3. In case the name of a citizen is not included in the voter list of the corresponding polling station, the social service institution representative checks the following information about the voter through the SRS Service Center (toll-free number 119:
А) inclusion of the voter in the voter list of another polling station;
B) absence of the voter in the voter lists.
3.4. If a voter is included in the voter list of another polling station or inaccuracies in his/her personal data (incorrectly written address, full name, etc.) are revealed, then Form No.3 (Annex 3 to the Regulations) is filled out and a copy of the citizen’s passport is attached.
3.5. Information for inclusion in the voter list endorsed by the signature of the head and the seal of the institution is submitted to the relevant precinct election commission no later than 12 calendar days before the voting day and includes the following data: the list of citizens in accordance with Annex 1 of the Regulations and citizens' applications as per Form No.3 (Annex 3 to the Regulations) with copies of their passports attached.
3.6. After the information is received by the election commissions, the inclusion of citizens in the voter list is similar to the procedure provided for in Paragraph 2.7. of the Regulations.
3.7. If a voter is not on the voter list, then no later than 15 days before the voting day, the head of the social service institution is obliged, together with the SRS representatives, to ensure biometric registration of this citizen.
3.8. After biometric registration is done, the SRS includes the citizen in the voter list of the corresponding precinct.
3.9. During elections of the President of the Kyrgyz Republic, Jogorku Kenesh deputies of the Kyrgyz Republic and referenda, heads of health care institutions no later than 12 calendar days before the voting day, submit the information about voters staying in hospital to the precinct election commission on whose territory this institution is located. The information endorsed by the signature of the head and the seal of the institution includes the following data: a list of citizens according to Annex 1 of the Regulations and citizens' applications as per Form No.2 (Annex 2 of the Regulations) with the attached copies of their passports.
3.10. For citizens permanently residing in the territory of the polling station where these institutions are located, Form No.2 (Annex 2 of the Regulations) is not completed.
3.11. When elections of local council deputies are held, information is submitted to the precinct election commission only for citizens permanently residing according to the record in their passports in the territory of the administrative-territorial unit in whose territory the elections are held and the inpatient medical institution where they are staying is located.
3.12. After the information is received by the election commissions, the inclusion of citizens in the voter list is similar to the procedure provided for in Paragraph 2.7. of the Regulations.
3.13. The information submitted to the precinct election commission is entered into the voter register for voting outside the voting premises.
4. Organization of work to ensure the electoral rights of military servicemen doing military service under conscription or contract
4.1. The commanders of military units are responsible for ensuring the electoral rights of military personnel, including providing them with identity documents for eligibility of military personnel to vote.
4.2. If military servicemen do not have identification documents, the commanders of military units shall interact with the State Registration Service to obtain them.
4.3. If military personnel do not have biometric registration, unit commanders organize the work on biometric registration of military personnel. The collection of biometric data of voters can be organized in the territory of a military unit no later than 15 calendar days before the voting day. The work schedule of the SRS field group for collecting biometric data is made up jointly with the military unit commander. After the biometric registration, the SRS includes citizens in the voter list of the polling station in accordance with the data specified in their ID cards.
4.4. When holding elections of the President of the Kyrgyz Republic, Jogorku Kenesh deputies of the Kyrgyz Republic and referenda, information on military servicemen for inclusion in the voter list endorsed by the unit commander is submitted to the relevant precinct election commission no later than 12 calendar days before the voting day and includes the following: the list of citizens according to Annex 1 of the Regulations and statements of military servicemen as per From No.2 (Annex 2 of the Regulations) with the attached copies of their passports.
4.5. After the information is received by the election commissions, the inclusion of citizens in the voter list is similar to the procedure provided for in Paragraph 2.7. of the Regulations.
4.6. During elections of local council deputies, the commanders of military units ensure the military servicemen permanently residing in the territory where the elections are held and the place of their military service is located, have the opportunity to vote at the polling station in which they are included in accordance with the record in their passports.
4.7. The commanders of military units shall ensure the opportunity of military personnel to vote in the territory of their respective polling stations.
4.8. The commanders of military units, no later than three days before voting day, submit to the relevant election commission a list of military personnel doing service on the voting day and their family members living in the territory of direct state border protection units to ensure the voting opportunity outside the voting premises.
5. Organization of work to ensure the electoral rights of citizens in places of detention as suspects and accused of committing crime
5.1. The heads of institutions in which citizens are detained as suspects and accused of committing crime are responsible for ensuring their voting rights, including identity documents for their eligibility to vote.
5.2. If this category of citizens does not have identity documents, the institution heads inform the authorities in charge of their criminal cases.
The bodies in charge of their criminal cases in cooperation with the State Registration Service will organize the issuance of identity documents to the above category of citizens.
5.3. If this category of citizens does not have biometric registration, the institution heads organize the work on it. The collection of biometric data of citizens is organized in places of detention no later than 15 calendar days before the voting day. The work schedule of the SRS field group for the collection of biometric data is made up in cooperation with the institution heads. After the biometric registration, the SRS includes the citizens in the voter list of the polling station in accordance with the data specified in their ID cards.
5.4. During elections of the President of the Kyrgyz Republic, Jogorku Kenesh deputies of the Kyrgyz Republic and referenda, the information about citizens held in custody, endorsed by the heads of relevant institutions, is submitted to the relevant precinct election commission no later than 12 calendar days before voting day for their inclusion in the voter list and includes the following data: a list of citizens according to Annex 1 of the Regulations and citizens' applications as per Form No.2 (Annex 2 of the Regulations) with the attached copies of their passports.
5.5. During the elections of local council deputies, the information to the precinct election commission is submitted only about citizens permanently residing in the territory of the administrative-territorial unit, according to the record in their passports, in which the elections are held and the institution in which they are in custody is located.
5.6. After the information is received by the election commissions, the inclusion of citizens in the voter list is similar to the procedure provided for in Paragraph 2.7. of the Regulations.
5.7. The information submitted to the precinct election commission is entered into the voter register for voting outside the voting premises.
5-1. Organization of work to ensure the electoral rights of citizens in enterprises with a continuous work cycle (shift work)
5-1.1. Heads of enterprises with a continuous work cycle during elections of the President of the Kyrgyz Republic, Jogorku Kenesh deputies of the Kyrgyz Republic and referenda, no later than 12 calendar days before the voting day, submit the information about voters working on a rotation basis to the precinct election commission in the territory where this institution is located. The information endorsed by the signature of the head and the seal of the enterprise includes the following data: a list of citizens according to Annex 1 of the Regulations and citizens' applications as per Form No.2 (Annex 2 of the Regulations) with the attached copies of their passports.
5-1.2. During the elections of local council deputies, information about citizens permanently residing in the territory of the administrative-territorial unit, according to the registration record in their passports, is submitted to the precinct election commission where the elections are held and the enterprise is located.
5-1.3. For citizens permanently residing in the territory of the polling station where these enterprises are located, Form No.2 (Annex 2 of the Regulations) is not completed.
5-1.4. After the information is received by the election commissions, the inclusion of citizens in the voter list is similar to the procedure provided for in Paragraph 2.7. of the Regulations.
6. Organization of voting outside the polling station for certain categories of citizens
6.1. The precinct election commission provides the opportunity to vote for certain categories of citizens included in the voter list at their place of residence or actual location.
6.2. The precinct election commission organizes voting outside the voting premises for the following categories of citizens:
- voters who cannot come to a polling station to vote due to health condition or disability;
- voters staying in hospitals or social service institutions on the election day;
- military servicemen doing military service on the election day in military units, as well as members of their families living on the territory of direct state border protection units;
- voters staying in places of detention on the election day.
6.3. Voting outside the polling station is carried out only one day before the voting day on the basis of information provided by LSGBs or heads of relevant institutions or a written statement of the voter.
In order to ensure the electoral rights of military personnel doing military service in remote units of the direct state border protection units and members of their families, precinct election commissions shall organize necessary measures to conduct voting outside the premises.
6.4. Applications for voting outside the voting premises shall be submitted no later than three calendar days before the voting day. The application for providing the opportunity to vote outside the polling station must indicate the reason why the voter cannot come to the polling station and the data about the voter.
6.5. The precinct election commission registers all applications for voting outside the premises in the register and two days before the voting day posts publicly the list of voters who vote outside the premises.
The register of applications for voting outside the premises includes only those voters who are contained in the final voter list received from the CEC of the Kyrgyz Republic to use at polling stations on Election Day. On the basis of the register of applications for voting outside the premises, the precinct election commission compiles a list of voters to vote outside the premises, with which it comes to the voters who will vote outside the polling station. The out of premises voter list form contains the same columns as the Final Voter List. After voting outside the premises is completed, the record “Voted outside the premises” shall be entered in the column “Special notes” of the final voter list.
(As amended by the Resolution of the Central Commission for Elections and Conducting Referenda of the Kyrgyz Republic dated 4 July 2017 No. 200)
7. Organization of work to inform certain categories of citizens and the procedure for conducting election campaigning among them
(As amended by the resolution of the Central Commission for Elections and Referenda of the Kyrgyz Republic dated 15 September 2017 No.452)
7.1. Information support of elections includes informing voters, pre-election campaigning and contributes to the conscious expression of the will of citizens and the transparency of elections.
(As amended by the Resolution of the Central Commission for Elections and Referenda of the Kyrgyz Republic dated 15 September 2017 No. 452)
7.2. Awareness raising of voters is the responsibility of state bodies and election commissions.
(As amended by the Resolution of the Central Commission for Elections and Referenda of the Kyrgyz Republic dated 15 September 2017 No. 452)
7.3. The heads of organizations and institutions of social services and health care, military units, institutions in which persons suspected and accused of committing crime are detained together with the precinct election commissions on whose territory these institutions and military units are located are responsible for providing timely and reliable information to certain categories of citizens about the upcoming elections, referenda.
(As amended by the Resolution of the Central Commission for Elections and Referenda of the Kyrgyz Republic dated 15 September 2017 No. 452)
7.4. For the purpose of informing in the premises of organizations and institutions of social services and health care, military units, institutions in which persons suspected and accused of committing crime are held in custody, from the moment of appointing elections, special accessible places are organized to display information materials.
Information materials related to the elections are provided to the heads of these institutions and military units by representatives of the respective election commissions.
(As amended by the Resolution of the Central Commission for Elections and Referenda of the Kyrgyz Republic dated 15 September 2017 No. 452)
7.5. The content of information materials must be objective, reliable, and must not violate the equality of candidates and political parties. Information materials should not give preference to any of the candidates, political parties, groups “for”/“against” the referendum.
(As amended by the Resolution of the Central Commission for Elections and Referenda of the Kyrgyz Republic dated 15 September 2017 No. 452)
7.6. Each candidate for the office of the President of the Kyrgyz Republic, parties that have nominated lists of candidates for elections to the Jogorku Kenesh or the city council, groups “for”/”against” the referendum shall be provided with equal conditions for campaigning among citizens in social service and health care institutions or in military units.
In connection with the special regime of stay for citizens in places of detention as suspects and accused of committing crime, campaigning in the form of meetings with candidates, representatives of political parties, their proxies, authorized representatives, representatives of groups “for”/”against” the referendum is not conducted. Campaigning for these categories of voters is carried out only in the form of distribution of printed campaign materials, copies of which are sent through the relevant election commissions to the heads of these institutions. Candidates and political parties should be provided with equal conditions for the dissemination of their campaign materials.
(As amended by the Resolution of the Central Commission for Elections and Referenda of the Kyrgyz Republic dated 15 September 2017 No. 452)
7.7. Election campaigning begins on the day the registration of all candidates, lists of candidates ends and finishes 24 hours before the start of voting.
(As amended by the Resolution of the Central Commission for Elections and Referenda of the Kyrgyz Republic dated 15 September 2017 No. 452)
7.8. The organization of meetings with candidates, representatives of political parties, their proxies, authorized representatives, representatives of groups “for”/ “against” the referendum with voters in organizations and institutions of social services and health care, in military units is assigned to the territorial election commissions and heads of the above institutions and commanders of military units.
At the request of the special representative of the Central Election Commission, the heads of these institutions and commanders of military units determine the day when a meeting of candidates, representatives of political parties, their proxies, authorized representatives, representatives of groups “for”/“against” the referendum with their voters will be held. Based on the information received, a schedule of meetings is made up which is posted by the territorial electoral office in a visible place.
The Territorial Election Commission informs candidates, their representatives or proxies, representatives of political parties, authorized representatives, representatives of groups “for”/“against” the referendum about the schedule.
(As amended by the Resolution of the Central Commission for Elections and Referenda of the Kyrgyz Republic dated 15 September 2017 No.452)
7.9. In each institution, one general meeting is organized during the campaigning period in accordance with the schedules established by the election commissions and applications submitted by candidates, political parties, authorized representatives, proxies, in the premises provided free of charge by the heads of institutions for a specified time.
The full name and contact information must be indicated in the application for participation in the meeting.
No more than two representatives from one candidate, political party, group “for”/“against” the referendum can participate in meetings with voters located in the above-mentioned institutions.
(As amended by the Resolution of the Central Commission for Elections and Referenda of the Kyrgyz Republic dated 15 September 2017 No.452)
7.10. In all meetings of candidates and/or their proxies, the participation of a representative of the territorial or precinct election commission is mandatory.
(As amended by the Resolution of the Central Commission for Elections and Referenda of the Kyrgyz Republic dated 15 September 2017 No. 452)
7.11. Election commissions monitor compliance with the procedure for conducting pre-election campaigning established by law. Heads of institutions are obliged to provide assistance to election commissions and ensure security during information and campaigning events.
(As amended by the Resolution of the Central Commission for Elections and Referenda of the Kyrgyz Republic dated 15 September 2017 No. 452)
