These changes have already been registered for discussion in the relevant committees of the parliament.
Kaktus.media investigated what exactly is proposed and what consequences may arise.
Who initiates the changes and what do they imply?
The initiators of the changes are the speaker of the Jogorku Kenesh Marlen Mamataliyev, as well as deputies Talant Mamytov, Akylbek Tumonbaev, Dastan Jumabekov, Nurbek Sydygaliev, and Talaybek Masabirov.Although the amendment to the Constitutional Law "On the CEC" is small, it can have a significant impact.
What will be changed
Changes are being made to Article No. 2, concerning the formation and status of the Central Election Commission.New version of Article 2
- The CEC will consist of seven members, elected for a term of 5 years.
- The members of the commission are elected by the Jogorku Kenesh: three members are nominated by the president, and four are nominated on their own initiative, with the condition that no more than 70% will be represented by individuals of one gender; the Jogorku Kenesh may also dismiss them from office in cases provided for by law.
Goals of the changes: authors' opinion
According to the initiators, these changes are aimed at optimizing the work of the commission. The authors refer to global experience, which shows that the numerical composition of electoral bodies can change depending on powers, territorial sizes, and populations. They argue that the effectiveness and speed of decision-making do not always depend on the numerical composition of the collegial body. The initiators emphasize that "asymmetric representation" is applied in a number of post-Soviet and European countries, where it is important not only to maintain parity but also to provide a certain advantage to one of the branches of power to avoid institutional deadlocks."Reducing the number of members from 12 to seven will optimize management processes, reduce the financial burden on the country's budget, and increase the personal responsibility of each commission member for the decisions made," the authors note.It is proposed that reducing the number of commission members will contribute to a better balance between the necessity of collegiality and the efficiency of management, especially during an election campaign where time is critical.
"Resolving electoral disputes, issues of candidate registration, and overturning decisions of lower commissions require a quick response. Practice shows that increasing the number of members of a collegial body complicates achieving consensus and operational voting. Reducing the number of members to seven will reduce bureaucratic delays and speed up the decision-making process, which will positively affect the legitimacy of elections," the authors of the amendments emphasize.
In addition, the distribution of 3+4 in the commission will create a stable balance of power. A one-vote advantage in favor of the parliament will strengthen the principle of popular sovereignty. At the same time, the president will retain significant influence, ensuring continuity of state policy.
"The proposed ratio will eliminate the situation of 'tie votes,' which may arise with an even number of members, and will ensure predictability in the commission's work while maintaining the principle of representation of no more than 70% of individuals of one gender," the note states.
Opinions of the parties
Tynchtykbek Shainazarov, Chairman of the CEC of the KR
In a comment to Kaktus.media, the Chairman of the CEC of the KR Tynchtykbek Shainazarov noted that discussing such proposals is the prerogative of the parliament."They have the right to introduce legislative initiatives. We will certainly express our opinion if a public discussion is held. I hope to be invited to the committees to discuss the bill," he added.
Kairat Mamatov, CEC Member
Kairat Mamatov, who previously headed the territorial election commission and is now a member of the CEC, noted the relevance of the issue of changing the composition of the CEC."The current composition of 12 members supports the constitutional principle of parity in forming the commission (6+6), which allows for the positions of both branches of power to be taken into account," Mamatov emphasized.
Reducing to eight or ten members may lower the level of representation and disrupt the internal balance of the commission, he noted.He also added that in crisis situations, pressure on a larger composition of the commission is more difficult than on a minority, which may negatively affect the final decisions. Mamatov emphasized that the issue of forming the CEC is directly related to the trust of society and international observers in the electoral process, so the discussion should take into account not only efficiency and costs but also the preservation of the independence of the body responsible for elections.
Atyr Abdrakhmatova, Human Rights and Elections Expert
Atyr Abdrakhmatova reminded that the CEC was established in 1989 and remains a constitutional body whose task is to ensure the legality of the transfer of power or the adoption of the Constitution. The principles of the commission's work are clearly defined: legality, openness, independence, and collegiality."Did the work of the CEC members correspond to these principles? I think anyone who knows the history of our country can answer this question. I remember the events of the early 2000s, in particular, the two popular revolutions of 2005 and 2020 that occurred after the elections. I remember how the chairman of the CEC fled the country in 2008. I know about 'carousel' voting and ballot manipulation, falsification of election results, mass changes of residency in 2020 to buy votes, and about the detention of a CEC member for receiving $550,000 for assisting a candidate," Abdrakhmatova noted.
With each passing year, citizens' trust in politicians changes, and this is natural. But, unfortunately, trust in elections decreases with each new vote," she believes.The expert noted that the presidential elections in 2021 and the referendum on the presidential form of government in the same year practically did not cause dissatisfaction among voters.
"Even the introduction of automatic ballot boxes and biometric registration did not lead to the formation of trust among citizens," she added. "Constant failures in the automated system create doubts about the voting process. Many believe that their votes may be distorted," Abdrakhmatova said.
In her opinion, it is the CEC members who bear responsibility for solving such problems. She also emphasized that uniformity in the application of electoral legislation has not yet been achieved.
"CEC members have effectively replaced the court by making decisions on what constitutes voter bribery and what does not. In some cases, the CEC makes decisions retroactively, which undermines its status as a guarantor of legality," Abdrakhmatova added.
The expert emphasizes that the issue is not about the number of CEC members.
"The number of members, whether 90 or 120, does not guarantee independence. It is important to create a system where the rule of law and its uniform application are ensured," she concluded.
Kanatbek Aziz, Former Member of the CEC of the KR
Kanatbek Aziz stated to Kaktus.media that the proposal of parliamentarians to reduce the CEC composition under the pretext of simplifying quorum and discussions is erroneous."The CEC is a key constitutional institution responsible for organizing elections and referendums," he noted.
During elections, its role increases, and it is necessary to ensure the legitimacy of the decisions made," he added.According to Aziz, reducing the number of members to seven will effectively concentrate power in the hands of four individuals, which may lower trust in the electoral process.
The problem is not in the number of members, but in ineffective leaders. It is important to demand personal responsibility, not to reduce the composition of the commission.***
It should be noted that this bill will be considered in the Committee on Constitutional Legislation, State Structure, and Local Self-Government of the Jogorku Kenesh, and then submitted for discussion to the entire chamber in three readings.
