official translation

official translation official translation REPUBLIC OF LITHUANIA LAW ON PRESIDENTIAL ELECTIONS (As Amended by 19 September 1996) I. General Provisions Article

The Basis for Elections of the President of the Republic The President of the Republic shall be elected by the citizens of the Republic of Lithuania for a five-year term on the basis of universal, equal and direct suffrage and by secret ballot. Article
The Right to Candidacy for the Office of President of the Republic Any person who is a citizen of the Republic of Lithuania by birth, who has lived in Lithuania for at least the past three years, provided he has reached the age of 40 prior to the election day, and provided he is eligible for election to Seimas member may be elected President of the Republic. The same individual may be eligible to the office of the President of the Republic for not more than two terms. (Amended 19 September 1996) Article
Universal Suffrage Citizens of the Republic of Lithuania who on the day of the election are 18 years of age or over shall have the right to vote for the President of the Republic. Citizens who have been declared incapable by court shall not participate in elections. Any direct or indirect abridgement of a citizen of the Republic of Lithuania's right to vote on the grounds of their sex race nationality language descent, social status, religion, convictions, or views shall be prohibited. Article
Equal Suffrage Every citizen of the Republic of Lithuania who has the right to vote for the President of the Republic shall have one vote in the election. Article
Direct Election of the President of the Republic Voters shall elect the President of the Republic without mediators. Article
Secret Ballot Voters shall vote in person and by secret ballot. Controlling the will of the voters in the election shall be prohibited. Article
Making Public the Preparation and Execution of Elections State institutions and electoral committees shall prepare and conduct the elections of the President of the Republic publicly. Public notice must be given of all events (meetings, sessions) related to the organisation of elections at least 12 hours prior to the commencement of the event. The electoral committees shall inform the citizens about their work; the formation of electoral districts (apylinke); the composition of electoral committees, their location and business hours; the lists of voters; the results of candidate registration to the post of the President of the Republic; and the voting and election results. The state mass media shall inform the public about the preparation and execution of the elections of the President of the Republic. Representatives of all mass media shall have the right to unrestricted participation in all events organised by the electoral committees, attendance of all electoral committee sittings, as well as the acquisition of information from the electoral committees concerning the preparation and execution of the elections. Article
Expenses Related to the Preparation and Execution of the Elections The expenses related to the preparation and execution of the elections of the President of the Republic shall be covered by the State. II. Organisation of Elections Article
Formation of Electoral Districts Electoral districts shall be formed within the time period and in the manner laid down in Article 10 of the Law on Elections to the Seimas. (Amended 19 September 1996) Article
Electoral Committees The elections of the President of the Republic shall be organised and conducted by: 1) the Central Electoral Committee; 2) the town and regional electoral committees; and 3) the electoral committees of electoral districts. Members of electoral committees may not be candidates to the office of President of the Republic or agents of such candidates. (Amended 19 September 1996) Article
The Central Electoral Committee The Electoral Committee for Elections of the President of the Republic shall be the supreme institution for the organisation of elections of the President of the Republic. The Electoral Committee for Elections of the President of the Republic shall be made up by the Seimas at least 45 days prior to the election day. The Electoral Committee for Elections of the President of the Republic shall be composed of: the Committee chairperson; three persons who have higher legal education and who shall be chosen by lot from six candidates nominated by the Minister of Justice; and three persons who have higher legal education and who shall be chosen by lot from six candidates nominated by the Lithuanian Society of Lawyers. The Minister of Justice and the Lithuanian Society of Lawyers may propose more candidates to the Electoral Committee for Elections of the President of the Republic. The drawing of lots during a sitting of the Seimas shall be organised by the Seimas Chairperson. Political parties, public political movements, and public political organisations of ethnic minorities which have received the mandates of the Seimas members in multi-candidate electoral areas shall each have the right to nominate one candidate to the Electoral Committee for Elections of the President of the Republic from this one list of candidates (joint list) presented in a multi-candidate electoral area prior to the formation of the Electoral Committee. The Seimas may not reject proposed candidates. The Seimas shall appoint the chairperson of the Electoral Committee for the Elections of the President of the Republic. The chairperson of the Electoral Committee for Elections of the President of the Republic as well as members of the Committee who were appointed by lot shall suspend their membership in political parties, public political movements and public political organisations if they are members of such organisations, and may not take part in the activities of said organisations or movements or carry out their instructions while working in the Committee. The Electoral Committee for Elections of the President of the Republic shall elect the deputy chairperson and secretary of the Committee during its sitting. The deputy chairperson shall be elected from among the members who do not represent political parties, public political movements or public political organisations of ethnic minorities. The Electoral Committee for Elections of the President of the Republic shall be formed for the period of presidential elections and shall lose its powers from the moment the President of the Republic takes oath. (Repealed 19 September 1996) Article
The Powers of the Central Electoral Committee When organising elections of the President of the Republic, the Central Electoral Committee shall: 1) distribute forms for the collection of voters' signatures; 2) register candidates to the office of the President of the Republic and issue them presidential candidacy certificates; 3) establish the samples and forms of ballot-papers and other documents used during the elections, as well as packages, stamps, and samples for their completion, and the procedure for sealing ballot-papers; 4) manage funds allocated by the State for the elections of the President of the Republic; 5) supervise the implementation of this Law; 6) consider complaints concerning decisions of town or regional electoral committees and electoral committees of electoral districts; 7) establish and publicise the results of the elections of the President of the Republic; 8) issue the certificate of the President of the Republic to the elected candidate; 9) hand over the documents of the elections of the President of the Republic to the State Archive for keeping; and 10) execute other powers provided for in this Law. The Central Electoral Committee may not interpret the provisions of this Law. If it is necessary to do so, the Central Electoral Committee shall appeal to the Seimas for the amendment of this Law. The Seimas shall consider questions submitted by the Central Electoral Committee according to the procedure of particular urgency. Article
Formation of Town and Regional Electoral Committees The Central Electoral Committee shall form town and regional electoral committees within the same time period and in the same manner as electoral committees of electoral areas according to Article 15 of the Law on Elections to the Seimas. (Amended 19 September 1996) Article
The Powers of Town and Regional Electoral Committees Town and regional electoral committees shall have the same powers as electoral committees of electoral areas according to Article 16 of the Law on Elections to the Seimas. (Amended 19 September 1996) Article
Formation of Electoral Committees of Electoral Districts Electoral committees of electoral districts shall be formed according to the procedure established in Article 17 of the Law on Elections to the Seimas. (Amended 19 September 1996) Article
The Powers of Electoral Committees of Electoral Districts The electoral committee of the electoral district shall have the same powers as laid down in Article 18 of the Law on Elections to the Seimas. (Amended 19 September 1996) Article
Organisation of Electoral Committee Work Sittings of electoral committees shall be valid provided that at least three-fifths of the members of the committee are in attendance. Decisions made by the committee shall be adopted by open, majority vote. In the event of a tie vote, the committee chairperson's vote shall have power of decision. Committee members not in agreement with a decision shall have the right to state a different opinion in writing, which shall then be appended to the minutes of the meeting. Upon the completion of voting, the electoral committees of electoral districts as well as town or regional electoral committees may only adopt decisions related to the drawing up of records of the calculation of votes. All electoral committee sittings shall be public. The right to participate therein shall be granted to observers appointed by political parties and public political movements, candidates who have nominated themselves to the office of the President of the Republic, as well as agents of candidates to the office of the President of the Republic and representatives of all mass media. No individual shall have the right to organise non-public sittings of electoral committees. While exercising their duties in electoral committees, chairpersons and members of such committees shall be prohibited from any form of campaigning or attempts to influence the voters' will in any other way. Individuals who have violated this Law may be dismissed from the committee. Article
Appeals Concerning Decisions of Electoral Committees which are Adopted prior to the Completion of Voting All political parties and political organisations which have nominated a presidential candidate, as well as agents of candidates to the office of the President of the Republic may appeal against the decisions of electoral committees according to the following procedure: 1) for decisions of electoral committees of electoral districts - to the town or regional electoral committee; 2) for decisions of town or regional electoral committees - to the Central Electoral Committee; and 3) for decisions of the Central Electoral Committee, with the exception of the decisions to declare the results of the elections of the President of the Republic invalid - to the Vilnius County Court. Appeals must be considered within 48 hours of the time the appeal is submitted. Non-working days shall also be included in this period. The decision of the Vilnius County Court shall become effective from its pronouncement. (Amended 8 November 1994 and 19 September 1996) Article
Appeals Concerning Decisions of Electoral Committees which are Adopted after the Completion of Voting All political parties and political organisations which have nominated presidential candidates, as well as the agents of candidates to the office of the President of the Republic, may appeal to the town or regional electoral committees against the decisions of electoral committees of electoral districts concerning the drawing up of records of the calculation of votes not later than within 24 hours of their adoption. Such appeals must be considered not later than within 24 hours. Town or regional electoral committees, in considering appeals concerning the drawing up of records of the calculation of votes, may recount the ballot-papers presented by the electoral committee of an electoral district, provided at least three-fifths of the town or regional electoral committee members are present. Upon establishing an arithmetic mistake or incorrectly calculated valid or invalid ballot-papers, the committee may amend the records of the calculation of votes. Town or regional electoral committees shall not have the right to declare invalid the records of the calculation of votes drawn up by electoral committees of electoral districts. The decisions of the Central Electoral Committee, with the exception of the decisions to declare the results of the elections of the President of the Republic invalid, may be appealed against to the Vilnius County Court not later than within 2 days of their adoption, and must be considered not later than within 48 hours. This term shall also include non-working days. The decision of the Vilnius County Court shall become effective from the moment of its pronouncement and its execution shall be binding upon the Central Electoral Committee. While considering appeals against the decisions of town or regional electoral committees concerning the drawing up of records of the calculation of votes in a respective town or region, the Central Electoral Committee may re-count the ballot-papers presented by the town or regional electoral committee. Upon establishing an arithmetic mistake or incorrectly calculated ballot-papers, the Committee may amend the entries in the records of the calculation of votes of the respective town, region or electoral district. The Central Electoral Committee shall not have the right to declare invalid town or regional records of the calculation of votes. (Amended 8 November 1995 and 19 September 1996) Article
Assistance for Electoral Committees State institutions, firms, offices and organisations and their officials must assist electoral committees in exercising their powers, and must furnish them with necessary information. State institutions, firms, offices and organisations and their officials must consider requests submitted by electoral committees and give the electoral committees a justified response not later than within 3 days. Electoral committees may employ the required number of personnel for assistance work. Local governments and State institutions and organisations must provide electoral committees with premises and equipment for the preparation and execution of elections. Article
Remuneration for Electoral Committee Members Chairpersons and members of electoral committees shall be paid salaries for their work in electoral committees in accordance with rates submitted by the Central Electoral Committee and approved by the Government. Chairpersons and members of electoral committees who are employed in firms, offices and organisations, and who are not receiving wages due to their involvement in electoral committee activities shall be paid by the State an amount not exceeding their average monthly salary. (Amended 19 September 1996) Article
Changing the Members of Electoral Committees Chairpersons and members of electoral committees may be dismissed from their posts in the committee by the institution which approved the composition of the committee. As necessary, new chairpersons or members of electoral committees shall be appointed according to the procedure established by this Law. iii. Voter Lists Article
Voter Lists Voter lists shall be compiled, announced publicly, checked, and appealed against in the same manner as voter lists according to Articles 25-29 and 32-36 of the Law on Elections to the Seimas. (Amended 19 September 1996) Article
General Procedure for Registering Citizens in Voter Lists Citizens of the Republic of Lithuania who have the right to vote and who, at the time the voter list is compiled, are permanently residing on the territory of that particular electoral district, shall be included in the district's voter list. In the event that a voter changes his permanent place of residence after the compilation of lists begins, he shall be registered in the voter list of the new place of residence. In such a case, the voter must submit an application to the electoral committee of the latter territory concerning his or her registration in the voter list at least 30 days prior to the election. The electoral committee of the electoral district must see to it that the voter's name is struck from the voter list of the electoral district of the former permanent place of residence. Article
Registration of Voters in Only One List Each voter may only be registered in one voter list. This shall be checked by the town or regional electoral committees and the Electoral Committee for Elections of the President of the Republic. Upon establishing that a voter's name is registered in the voter lists of several electoral districts, town or regional electoral committees as well as the Electoral Committee for Elections of the President of the Republic shall address the voter within 20 days of the election day, requesting that he announce within 5 days which electoral district's voter list he wishes to be registered in. If the voter fails to make this choice within the established period, the Electoral Committee for Elections of the President of the Republic shall include the voter's name in the voter list of the electoral district where, in their opinion, it would be more convenient for the voter to vote, and shall inform the voter thereof within 3 days. Such decisions of the Electoral Committee for Elections of the President of the Republic may not be appealed. Article
Public Announcement of Voter Lists At least 20 days prior to the election, the town or regional electoral committees shall announce publicly the compilation of voter lists and shall provide conditions for the voters to get acquainted with the lists, indicating the time and place for the voters to implement this right. Article
Reviewing Voter Lists Any voter may submit remarks concerning inaccuracies in a voter list to the electoral committee of an electoral district. The electoral committee of the electoral district must consider the remarks and adopt a decision thereon within 48 hours of the receipt thereof. The decisions of electoral committees of electoral districts may be appealed against to the town or regional electoral committee within 48 hours of the acceptance thereof. The town or regional electoral committee must adopt a relevant decision within 48 hours of the receipt of the complaint. The town or regional electoral committee's decision shall be final. Article
Appeals Concerning Restoration of the Right to Vote A voter may submit complaints to the electoral committee of an electoral district concerning errors made in the voter list which hinder the voter from implementing his or her right to vote. The electoral committee of the electoral district must consider the complaint and adopt a decision not later than within 24 hours of the receipt thereof. The decision of the electoral committee of the electoral district may be appealed against within 48 hours to the district court, which shall consider the complaint within 24 hours. The district court's decision shall be final. Remarks as well as complaints which are submitted later than 24 hours of the opening of elections shall not be considered. Article
Town and Regional Voter Lists Town and regional voter lists shall be made at least 25 days prior to the day of election by the town or regional electoral committees according to the lists of voters of electoral districts submitted by the electoral district committees. Article
List of Voters of the Republic of Lithuania The list of voters of the Republic of Lithuania shall be compiled by the Electoral Committee for Elections of the President of the Republic according to the lists of voters submitted by the town or regional electoral committees as well as the lists of voters residing abroad at least 20 days prior to the day of the election. (Repealed 19 September 1996) IV. Nomination of Candidates to the Office of President of the Republic Article
Nomination of Candidates to the Office of the President of the Republic Individual persons may nominate themselves to the office of President of the Republic. Political parties and political organisations may nominate and support candidates to the office of President of the Republic. The nomination of candidates to the office of the President of the Republic shall begin not more than 80 nor less than 65 days prior to the day of elections. (Amended 19 September 1996) Article
Declaration of an Individual's Participation in the Elections as a Candidate to the Office of President of the Republic An individual who has been nominated or who has been nominated himself to the office of President of the Republic must declare his nomination to the Central Electoral Committee at least 65 days prior to the election. If an individual is nominated by a political party or political organisation to the office of President of the Republic, this decision of theirs shall also be presented in writing. Documents confirming the citizenship and identity of the candidate shall also be submitted and a deposit amounting to five average monthly salaries shall be paid. Having collected twenty thousand voter signatures as provided in Article 79 of the Constitution of the Republic of Lithuania, the total deposit shall be refunded to the individual who has paid it. The Central Electoral Committee shall, not later than within 3 days (including non-working days) after the receipt of the declaration, confirm that none of the conditions indicated in Article 78 of the Constitution of the Republic of Lithuania which prohibit an individual to be a candidate to the office of President of the Republic are present, and shall adopt a grounded decision on whether or not to issue the individual forms with the name and surname of the candidate to the President of the Republic for the collection of voter signatures. Refusal to issue the forms for the collection of voter signatures may be appealed against to the Vilnius County Court not later than within 3 days, and that appeal shall be considered not later than within 72 hours of its submission. This term shall include non-working days. The decision of the Vilnius County Court shall become effective from its pronouncement. (Amended 8 November 1994 and 19 September 1996) Article
The Collection of Voter Signatures At least twenty thousand voter signatures as prescribed in Article 79 of the Constitution of the Republic of Lithuania must be collected on the form for the collection of voter signatures, which shall contain the following text: I, as a citizen of the Republic of Lithuania, confirm my support for the application of ............................................................................................................................................................(the person's name, surname) to participate in the ..... ............... .......... (day, month and year) elections as a candidate to the office of President of the Republic of Lithuania. ............................................................................................................................................................ Serial No. Individual’s Surname, Name Series and No. of the Document Confirming Citizenship of the Republic of Lithuania Date of Birth Permanent Place of Residence Signature and Date ............................................................................................................................................................ The name and surname of the individual who has collected the signatures shall be indicated at the bottom of the page, as well as the series and number of the document confirming his citizenship of the Republic of Lithuania, his permanent place of residence, and signature. All information on forms for the collection of signatures shall be filled out by the voters themselves. Voters may sign for each candidate to the office of President of the Republic, but may only sign for each candidate once. Forms for the collection of voter signatures shall be issued by the Central Electoral Committee directly to individuals who have announced in writing their participation as candidates in the elections of the President of the Republic and, upon the request of these persons - to persons indicated by them. (Amended 19 September 1996) Article
Registration of Candidates to the Office of the President of the Republic At least 45 days prior to the elections, individuals who have been nominated or who have nominated themselves as candidates to the office of the President of the Republic must submit voter signature collection forms containing at least twenty thousand voter signatures to the Central Electoral Committee which issued the said forms. Said individuals must also submit the extract containing the basic data from the income and property declaration approved by the State Tax Inspectorate. Individuals who have been nominated or who have nominated themselves as candidates to the office of President of the Republic may submit a certificate of their health condition to the Central Electoral Committee. The Central Electoral Committee shall announce such certificates through mass media. The Central Electoral Committee shall check whether the forms for the collection of voter signatures have been completed correctly not later than within 10 days of the receipt thereof. In the event that it is discovered that a citizen has signed for the same candidate more than once, none of his signatures shall be counted. Signatures of the citizens who did not record all of the necessary information or who recorded incorrect information shall also be annulled. If, after all invalid votes are cast off, the candidate to the office of President of the Republic has the signatures of at least twenty thousand of voters, the Central Electoral Committee must register the individual as a candidate to the office of President of the Republic not later than within 24 hours. Refusal of the Central Electoral Committee to register an individual as a candidate to the office of President of the Republic may be appealed against to the Vilnius County Court not later than within 3 days (including non-working days), and said Court must consider the appeal within 72 hours. This term shall include non-working days as well. The decision of the Vilnius County Court shall become effective from its pronouncement. Individuals who have been nominated or who have nominated themselves as candidates to the office of President of the Republic shall acquire the status of candidate to the office of President of the Republic upon their registration as candidates to the office of President of the Republic with the Central Electoral Committee. The Central Electoral Committee shall officially announce the list of all individuals who have been registered as candidates to the office of President of the Republic no later than 30 days prior to the day of the elections, and shall issue said individuals with certificates of candidacy to the office of President of the Republic within 24 hours of the announcement thereof. The campaign for elections of the President of the Republic shall commence on the day of the official announcement of the list of candidates to the office of President of the Republic. (Amended 8 November 1994 and 19 September 1996) Article
Agents of Candidates to the Office of President of the Republic Individuals who have been registered as candidates to the office of President of the Republic shall have the right to have their own agents. Candidates to the office of President of the Republic shall submit their list of agents to the Central Electoral Committee, which shall, not later than within 24 hours, issue agent certificates (indicating the name and surname of the candidate) to the agents of the candidates to the office of President of the Republic. On the instruction of the candidate to the office of President of the Republic, an agent of the candidate to the office of President of the Republic shall have the right to represent the candidate in meetings with voters and in the mass media, to raise funds for financing the elections, and to carry out other instructions of the candidate to the office of President of the Republic which do not contradict laws. Candidates to the office of President of the Republic may at any time recall their agents. Upon receiving such a request from a candidate to the office of the President of the Republic, the Central Electoral Committee shall adopt a decision concerning the recall of an agent and shall announce it publicly. (Amended 19 September 1996) Article
Observers of the Elections of the President of the Republic All political parties and political organisations which have nominated an individual as a candidate to the office of President of the Republic as well as candidates to the office of President of the Republic shall have the right to appoint in writing observers to each electoral committee. Observer of the Elections of President of the Republic certificates shall be issued immediately. The certificates shall be issued by: 1) the Central Electoral Committee - to observers who have been appointed to observe the activities of the Central Electoral Committee, as well as the activities of town or regional electoral committees; and 2) town or regional electoral committees - to observers who have been appointed to observe the activities of the electoral committees of electoral districts. Election observers shall have the right to be present at the sittings of electoral committees whose activities they have been appointed to observe and to demand that the chairperson and members of the electoral committee observe this Law. Protests presented by observers in writing shall be attached to the records and decisions of the electoral committee. In cases provided for in this Law and according to the procedure established therein, observers shall have the right to appeal against the decisions of electoral committees. Organisations or candidates to the office of President of the Republic who have appointed observers shall have the right to recall the observer in writing at any time. The observer shall be deemed recalled from the moment the declaration of recall is submitted to the electoral committee which issued the observer's certificate to the individual. (Amended 19 September 1996) V. Guarantees of the Activities of Candidates to the Office of President of the Republic Article
The Right of Candidates to the Office of President of the Republic to Speak at Meetings or through Mass Media After the official publication of the list of candidates, the candidates to the office of President of the Republic shall have equal right to speak at voter meetings or at any other meetings, gatherings, or conferences, and to utilise state mass media and publicise their election programme. Heads of state institutions of power and government must assist the candidates to the office of President of the Republic to organise meetings with voters and to obtain necessary information, with the exception of confidential information. Article
The Right of Candidates to the Office of President of the Republic to be Relieved from Work or Service Duties During the Election Campaign Upon his or her request, a candidate to the office of President of the Republic may be relieved from work or service duties for the period of the election campaign but for no longer than 2 months. During this period, the candidate shall be paid two average monthly wages from State resources. Article
The Immunity of the Person of a Candidate to the Office of President of the Republic During the election campaign and directly following the elections, candidates to the office of President of the Republic may not be found criminally responsible or arrested, and may not be imposed with administrative penalties by court for their actions during the election campaign of the President of the Republic without the consent of the Central Electoral Committee. The Central Electoral Committee together with the Ministry of the Interior must arrange for the security of candidates to the office of President of the Republic, paid from the State funds. A candidate may refuse from such security, and he may also hire security at his own expense. (Amended 19 September 1996) Article
Amenability for the Violation of the Republic of Lithuania Law on Presidential Elections Individuals who obstruct, by means of violence, fraud, threats, or any other way, the implementation the right of voters to elect the President of the Republic, and the organisation of campaigning, as well as the members of electoral committees and other officials who have falsified documents of the election, intentionally counted the votes incorrectly, or violated voting secrecy, or this Law in any other way shall be responsible according to the laws of the Republic of Lithuania. Legal actions shall be also brought against individuals who have announced or publicised in any other way false information concerning a candidate to the office of President of the Republic, or who have interfered with a candidate's meeting with voters. VI. CAMPAIGNING Article
The Basic Principles of Campaigning Political parties and political organisations, as well as citizens and candidates to the office of President of the Republic may begin campaigning from the day the campaign of the elections of the President of the Republic starts to which the provisions of this Chapter shall be applicable. Campaigning may be conducted in any form or manner provided that they do not contradict the Constitution and laws of the Republic of Lithuania. The commencement of campaigning shall be declared by the Central Electoral Committee. (Amended 19 September 1996) Article
Conditions and Procedure for the Use of Mass Media Candidates to the office of President of the Republic shall all have equal opportunity to use State mass media free of charge for the purpose of campaigning. The actual duration and time of broadcasts of the National Radio and Television of Lithuania used for each candidate's campaign for the elections of the President of the Republic shall be established by the Central Electoral Committee in co-ordination with the heads of the National Radio and Television of Lithuania and set in a manner which ensures that principals of equality are maintained among the candidates to the office of President of the Republic. Candidates to the office of President of the Republic may use the time allotted to them in the National Radio and Television of Lithuania themselves or may permit political parties or political organisations indicated by them, as well as to their agents or other specified individuals, to conduct campaigning at the fixed time. Only the special account of the Elections of the President of the Republic shall limit campaigning in the commercial mass media. All disputes concerning campaigning shall be settled by the Central Electoral Committee, which shall base itself on the principle of equality of candidates to the office of President of the Republic. Upon the demand of a candidate to the office of President of the Republic or the candidate's agent, mass media which has publicised compromising material about the said candidate to the office of President of the Republic must publicise the countering opinion of the candidate or his agent at least 5 days prior to the day of election. (Amended 19 September 1996) Article
Prohibition of Officers of State Institutions from Influencing the Will of the Voters During election campaigns, officers of State institutions and employees of the mass media shall be prohibited from using their official duties for campaigning or otherwise influencing the will of voters. If such individuals are candidates to the office of President of the Republic, they may only use the mass media in accordance with the procedure set forth in Article 42 of this Law. If they are required, in order to fulfil their duties, to announce important news to the mass media, they may only do so at a press conference. Article
Financing Campaigning Campaigning shall be financed from State funds as well as from the funds raised by political parties and political organisations, and citizens and candidates to the office of President of the Republic and which shall be accumulated in special accounts for Elections of the President of the Republic in the Savings Bank of Lithuania as well as its branches. Candidates to the office of the President of the Republic shall be paid from State funds on an equal basis for the time, specified in this Law, on the National Radio and Television of Lithuania, the printing of a candidate’s campaign poster, and the publishing of election programmes. The utilisation of State funds allocated for campaigning shall be controlled by the Central Electoral Committee and by the Savings Bank of Lithuania. The Central Electoral Committee and the Savings Bank of Lithuania must publicise the report concerning utilisation of State funds for campaigning in the press not later than within 15 days after the election of the President of the Republic. Candidates to the office of President of the Republic, as well as the elected President of the Republic, shall announce all funds which were received and utilised for the elections (indicating their sources) in the press not later than within 30 days after the election of the President of the Republic. (Amended 19 September 1996) Article
Prohibition of Campaigning on the Day of Election Campaigning shall be prohibited 30 hours preceding the commencement of elections and on the day of elections, with the exception of permanent visual campaign material in the places intended for this, provided that it was displayed at least 48 hours prior to the beginning of the elections. During this time, no visual campaigning material (with the exception of those which are issued by the Central Electoral Committee) may be displayed in a polling place or within 50 metres of the building in which a polling place is situated. (Amended 19 September 1996) VII. Preparatory Activities for the Organisation of Elections Article
Ballot-papers For elections of the President of the Republic, each voter shall be presented with a ballot-paper which shall contain the name and surname of each candidate to the office of President of the Republic. Candidates to the office of President of the Republic shall be listed in alphabetic order. Article
Delivery of Ballot-papers The Central Electoral Committee shall deliver ballot-papers and envelopes to town and regional electoral committees at least 20 days prior to the day of election. Town and regional electoral committees shall recount the received ballot-papers and envelopes and shall draw up a report of the receipt thereof. Town and regional electoral committees shall deliver ballot-papers to the electoral committees of electoral districts at least 12 hours prior to the day of voting. The electoral committees of electoral districts shall recount the ballot-papers and draw up a report of the receipt thereof. Town and regional electoral committees shall deliver ballot-papers and envelopes to central post offices at least 2 days before the voting by mail. At diplomatic missions of the Republic of Lithuania, voters must be provided with free access to ballot-papers and envelopes for voting by mail at least 20 days prior to the day of election, on ships voters must be provided with free access to the text of ballot-papers not less than 15 days prior to elections. On ships ballot-papers shall be printed according to their description sent by a radiogram. The Central Electoral Committee shall be responsible for the issue, calculation and delivery of ballot-papers and envelopes within the indicated time period. (Amended 19 September 1996) Article
Voter Certificates The form of voter certificates and the procedure for delivery thereof shall be the same as laid down in Articles 30 and 31 of the Law on Elections to the Seimas. (Amended 19 September 1996) VIII. Voting Article
Time and Place of Voting Voting shall take place on the day of election from 7 a.m. to 9 p.m. in the polling place designated by the electoral committee. Voters shall only vote in the electoral district in whose voter list their names have been included. Votes received by mail shall be valid only in the electoral district in whose voter list the name of the voter has been included. Article
Preparation of Polling Places Polling places shall be prepared in the same way as during elections to the Seimas, according to Article 59 of the Law on Elections to the Seimas. (Amended 19 September 1996) Article
Commencement of Voting On the day of election, the polling place shall be opened only if at least 3/5 of the members of the electoral committee of the electoral district are present. Then, the chairperson of the electoral committee, together with other members of the electoral committee, shall make sure that the ballot-box is empty and shall seal it. Having checked that the polling place has been furnished without violating the established requirements, the chairperson of the electoral committee of the electoral district shall register the total number of the received ballot-papers into the record of the calculation of votes, distribute the ballot-papers and voter lists among the members of the electoral committee, register the number of ballot-papers distributed among each electoral committee member into the record of the calculation of votes, and open the voting place, thereby proclaiming the commencement of the elections. Article
Voter Identification Voter identification shall be determined in the same way as provided for in Article 64 of the Law on Elections to the Seimas. (Amended 19 September 1996) Article
Voting Procedure Having been handed the ballot-paper, the voter shall go into a voting booth and mark the ballot personally. The voter may only enter the voting booth alone. The only exceptions shall be in cases provided for in part 5 of this Article. On the ballot-paper, the voter shall mark the name of the candidate for whom he is voting. Voters shall personally cast their marked ballot-papers into the ballot-box. Upon the request of a voter, faulty ballot-papers shall be exchanged for new ones by the decision of the electoral committee of the electoral district. The chairperson of the electoral committee shall cross out the faulty ballot paper in ink (ball-point pen) and shall sign it. The electoral committee secretary and one of the members shall also sign the faulty ballot-paper. Faulty ballot-papers shall be kept separately. Voters who are physically unable to mark their ballot-papers themselves or cast them into the ballot-box may designate another person to mark the ballot-paper and cast it into the ballot-box for them. Electoral Committee chairpersons or members, as well as election observers, shall be prohibited from carrying out such actions for voters. Article
Voting by Mail, in Diplomatic Missions, on Ships, in Medical Treatment Facilities, in Institutions of Social Guardianship and Care, in Military Units, and in Places of Confinement Voting by mail, in diplomatic missions, on ships, in medical treatment facilities, in institutions of social guardianship and care, in military units, and in places of confinement shall be conducted according to the procedure established in Articles 66-72 of the Law on Elections to the Seimas. (Amended 19 September 1996) Article
Voting in Diplomatic Missions Voting may take place in diplomatic missions (consulates) of the Republic of Lithuania during working hours. At least 4 hours must be allotted for this every day. Voting days (at least 5) for each diplomatic mission (consulate) shall be established by the Electoral Committee for Elections of the President of the Republic in co-ordination with the Ministry of Foreign Affairs. The list of diplomatic missions (consulates) in which voting shall take place shall be compiled by the Electoral Committee for Elections of the President of the Republic in conjunction with the Ministry of Foreign Affairs. The head of the diplomatic mission (consulate) shall be responsible for the organisation of voting. Article
Voting on Ships Sailing under the Lithuanian State Flag Voting shall take place on board ships which sail under the State flag of Lithuanian if the ship leaves a port of the Republic of Lithuania at least 6 days prior the election and does not return before the election day, or if there are other circumstances which make it impossible for a crew member or board passenger having the right to vote to vote in his or her own electoral district or by mail. The list of ships in which voting shall take place and the time of voting in each ship shall be established by the Electoral Committee for Elections of the President of the Republic in co-operation with competent services and the Ministry of Foreign Affairs in such a manner which makes it possible for each citizen of the Republic of Lithuania who is on board a ship to vote. The captain or assistant captain of the ship, being citizens of the Republic of Lithuania, shall be responsible for the organisation of voting on board the ship. Article
The Procedure for Voting in Diplomatic Missions of the Republic of Lithuania and on Board Ships which are Sailing under the State Flag of Lithuania The procedure for voting in diplomatic missions of the Republic of Lithuania and on ships sailing under the State flag of Lithuania shall be established by the Electoral Committee for Elections of the President of the Republic. Article
Voting in Medical, Social Care and Welfare Institutions Special post offices designated for voting shall be established in medical, social care and welfare institutions. Patients of such institutions who are able to move shall vote personally in the polling place in accordance with the procedure established in Article 54 of this Law. Patients and inmates of medical and welfare institutions who are not able to move shall be visited by officials of the special post office who shall be approved by the town or regional electoral committees. The person voting must, in conditions which are created for his or her privacy, personally mark the ballot-paper and put it into a voucher envelope. If necessary, the voter may be aided by a person whom he or she trusts (with the exception of post office and medical and welfare institution employees, and election observers). Under the instruction of the head of the medical, social care or welfare institution, it may be prohibited to disturb patients who are in bad health for the purpose of voting. Such an instruction shall be obligatory to electoral committees. It shall also be prohibited to disturb a person for the purpose of voting if, in the procedure established by the Ministry of Health Care, a commission of doctors has drawn a conclusion that, at the time of voting, the person is incapable of understanding the essence of his or her actions and of controlling them due to chronic mental disease, feeblemindedness, or temporary mental disorder. Article
Voting in Military Units Special post offices designated for voting shall be established in units of the national defence system and internal service. In accordance with opportunities, the chief officers of military units shall provide conditions for servicemen to vote in the electoral districts of their permanent place of residence. Article
Voting in Places of Imprisonment Special post offices designated for voting shall be established in places of imprisonment. Heads of places of imprisonment may allow sentenced persons to vote in electoral districts of their permanent place of residence in the procedure established by laws. (Repealed 19 September 1996) ix. calculation of Votes and Establishment of Voting Results Article
Calculation of Voucher Envelopes and Ballot-Papers in Post Offices In post offices, the records of voucher envelopes and ballot-papers shall be kept according to the procedure established in Article 73 of the Law on Elections to the Seimas. (Amended 19 September 1996) Article
Calculation of Ballot-Papers in Electoral Districts Upon the closing of a polling place, the chairperson of the electoral committee of the electoral district, in the presence of at least 3/5 of the members of the electoral committee, shall close and seal the ballot-box slot, collect unused ballot-papers from each member of the electoral committee of the electoral district, record the number of unused ballot-papers in the vote calculation record, count them publicly, and check, according to signatures in the voter list, that no ballot-papers have been handed in unlawfully. Unused and faulty ballot-papers shall be counted publicly by the electoral committee, annulled by cutting off the upper right corner, and put into envelopes specially designated for this purpose which shall thereafter be sealed. The number of unused and faulty ballot-papers shall be entered in the vote calculation record. Article
Calculation of Votes in Electoral Districts and Registration of Voters who Have Voted The electoral committee of the electoral district, in the presence of at least 3/5 of its members, shall inspect the ballot- box of the electoral district to: ensure that the seals have not been broken and that there is no other evidence which indicates that it could have been opened or that ballot-papers could have been removed in any other way. The committee, in the presence of at least 3/5 of its members, shall decide if the ballot box has been tampered with. If the committee decides that the ballot-box was tampered with, an act shall be drawn up about this and votes shall not be calculated. Upon the ascertainment that the ballot-box has not been tampered with, the box shall be opened and the votes shall be calculated. Votes shall be calculated in such a way that this procedure and ballot-papers marked by voters can be observed by all persons present during the calculation of votes. The Central Electoral Committee shall establish the concrete procedure for the calculation of votes. Upon ascertainment that the ballot-box was not tampered with and in the presence of at least 3/5 of the members of the committee as well as observers, the box shall be opened, all ballot-papers shall be placed on tables on which there are no other documents and writing-materials, and the votes shall be counted. The number of the voters of the electoral district shall be established according to the voter list of the electoral district. The number of voters who have been handed ballot-papers shall be established according to the voter lists testifying the receipt of the ballot-paper. The number of voters who have voted in the electoral district shall be established according to the number of ballot-papers found in the ballot-box of the electoral district. The number of voters who have participated in the elections shall be established according to the number of ballot-papers found in ballot-boxes of the electoral districts and the number of ballot-papers received by mail. Upon finding more ballot-papers in the ballot-box than were handed to the voters, the committee shall take measures to clarify the reason. The results of the vote calculation shall be entered in the vote calculation records. (Amended 19 September 1996) Article
Registration of Voters who Have Voted by Mail and the Calculation of their Votes After the calculation of ballot-papers found in the ballot-box, ballot-papers received by mail shall be calculated in the following procedure: 1) the chairperson of the electoral committee of the electoral district shall present, unopened, all outer envelopes received by mail. Their number shall be entered in the vote calculation record; 2) outer envelopes shall be opened one at a time; 3) voter certificates shall be taken out of the outer envelopes and checked against the voter list of the electoral district, and the voucher envelopes shall be stamped with the seal of the electoral district. If the person on the voter certificate is not on the voter list, if the voter has already signed the voter list indicating that he or she has already voted in the electoral district, if another envelope for voting by mail has been received from the same voter, if there is no voter certificate in the outer envelope, or if there is more than one voucher envelope in the outer envelope, the seal shall not be affixed and the ballot-paper in the envelope shall be considered invalid. This fact must be noted on the voucher envelope; 4) in the voter list of the electoral district, a special record of the receipt of the elector's vote shall be made by the surname of the voter whose vote has been received by mail; 5) the sealed voucher envelope shall be cast into the ballot-box prepared according to the established requirements; and 6) when all envelopes received by mail have been gone over in this way, and upon opening the unsealed voucher envelopes, the votes received by mail shall be calculated according to the requirements of Article
If there is more than one ballot-paper in the voucher envelope, all ballot-papers in the envelope shall be considered invalid. If only one sealed voucher envelope is in the electoral district (committee), it, in order to protect the privacy of voting, shall not be opened, but shall be handed over to the senior electoral committee, which shall enter the results of the voting in its vote calculation record. Article
Vote Calculation Records in Electoral Districts A vote calculation record shall be drawn up in every electoral district. It shall include: 1) the number of voters in the electoral district; 2) the number of ballot-papers received from the town or regional committee; 3) the number of ballot-papers delivered to each member of the committee, the number of ballot-papers delivered to voters, the number of voters' signatures, the number of voter certificates, and the number of unused ballot-papers; 4) the number of unused ballot-papers; 5) the number of voters who have voted in the polling place of the electoral district; 6) the time that the ballot-box is opened; 7) the number of invalid ballot-papers found in the ballot box; 8) the number of valid ballot-papers found in the ballot box; 9) the number of votes found in the ballot-box which have been separately cast for each candidate to the office of President of the Republic; 10) the number of envelopes received by mail and the number of sealed voucher envelopes; 11) the number of invalid ballot-papers received by mail; 12) the number of valid ballot-papers received by mail; 13) the number of votes received by mail for each candidate to the office of President of the Republic; 14) the total number of voters who participated in the elections in the electoral district; 15) the total number of invalid votes in the electoral district; and 16) the total number of votes cast for each candidate to the office of President of the Republic. If more ballot-papers are found in the ballot-box than it has been delivered to voters, this shall be entered in the vote calculation record, indicating the number of extra ballot-papers which were found. The vote calculation record of the electoral district shall be signed by the chairperson and members of the electoral committee of the electoral district. After that the observers shall sign the record. Their observations and the opinions of the members of the committee shall be attached to the record and shall be an inseparable part thereof. Article
Invalid Ballot-papers Invalid ballot-papers shall be: 1) ballot-papers which are not of the established sample; 2) ballot-papers which are sealed with the seal of the wrong electoral district; 3) ballot-papers on which more than one candidate to the office of President of the Republic are marked by the voter; and 4) ballot-papers on which the voter has not marked any of the candidates to the office of President of the Republic. The decision to declare a ballot invalid shall be made by the electoral committee of the electoral district. Article
Presentation of Electoral District Vote Calculation Documents to Town and Regional Electoral Committees The electoral committee of an electoral district shall put all ballot-papers, including invalid and unused ballot-papers, all voucher envelopes, vote calculation records, voter lists and other election documents into a package and shall seal it in accordance with the procedure established by the Central Electoral Committee. The package shall be delivered to the town or regional electoral committee within 6 hours of the closing of voting. The Central Electoral Committee and the Ministry of the Interior must ensure the safety of the transportation of election documents as well as of the persons transporting them. (Amended 19 September 1996) Article
The Calculation of Votes in Town and Regional Electoral Committees Town and regional electoral committees shall begin calculating votes when all vote calculation records from all electoral districts are received. Article
Town and Regional Vote Calculation Records According to the electoral district vote calculation records, ballot-papers, and other election documents, the town and regional electoral committees shall establish: 1) the number of voters who have participated in the town or regional elections, which shall equal the number of voters who have voted in the town or regional electoral districts; 2) the number of invalid ballot-papers in the town or region which shall equal the number of invalid ballot-papers in the town or regional electoral district; 3) the number of ballot-papers valid in the town or region, which shall equal the number of ballot-papers valid in the town or regional electoral district; and 4) the number of votes cast for each candidate to the office of President of the Republic. This number shall equal the sum of votes received in the electoral districts separately for each candidate to the office of President of the Republic. These data shall be entered in town and regional vote calculation records, which shall then be signed by the chairperson and members of the respective town or regional electoral district. Article
Presentation of Town and Regional Vote Calculation Records to the Central Electoral Committee and Establishment of Election Results Town and regional electoral committees shall put all documents received from the electoral districts, the calculation records of the electoral districts, the town or regional vote calculation record and other documents into special packages, shall seal these packages and deliver them within 36 hours of the end of elections to the Central Electoral Committee. The Central Electoral Committee may begin to establish the election results only after the vote calculation records of the electoral committees of all towns and regions, as well as other documents indicated in the first paragraph of this Article have been received. According to the vote calculation records of the town and regional electoral committees and the vote calculation records in diplomatic missions, the Central Electoral Committee shall establish: 1) the number of voters of the Republic of Lithuania; 2) the number of voters who participated in the elections; 3) the number of invalid ballot-papers; 4) the number of valid ballot-papers; and 5) the number of votes cast for each candidate to the office of President of the Republic. Considering complaints filed in the procedure established by this Law, the Central Electoral Committee may recount ballot-papers and, upon the establishment of errors in their calculation, may correct entries in vote calculation records. The Central Electoral Committee may not consider invalid vote calculation records of the electoral districts or town or regional electoral committees due to errors found in vote calculation records. Upon the establishment that gross violations of this Law were committed during voting or that the document forgery had a decisive influence on the results of the election of the President of the Republic, the Central Electoral Committee may consider the results of the elections to the office of the President of the Republic invalid. A candidate to the office of President of the Republic shall be considered elected if during voting for the first time in which at least half of all voters participate, he or she receives more than half of the votes of all voters participating in the elections. If less than half of all voters participated in the elections, a candidate shall be considered elected when he or she receives the most, but no less than one-third of votes of all voters. If during the first voting round none of the candidates get the required majority vote, a repeat vote shall be held within 2 weeks of the election day in the procedure established by this Law between the two candidates who received the most votes in the first voting round. In this case, the candidate who gets the majority of votes shall be considered elected. If no more than two candidates participate in the first voting round and neither of them get the required number of votes, repeat elections for the office of President of the Republic shall be held within 45 days of the day of the elections in the procedure established by this Law. (Amended 19 September 1996) Article
Participation of Observers in the Calculation of Votes and the Establishment of Election Results Observers of political parties and political organisations which have nominated candidates to the office of President of the Republic, observers appointed by candidates to the office of President of the Republic, and representatives of all mass media may participate in the calculation of votes in electoral districts and town and regional electoral committees, as well as in the establishment of election results in the Central Electoral Committee. Observers shall have the right to make remarks and claims to electoral committees concerning violations of this and other laws of the Republic of Lithuania, but they must not hinder the work of electoral committees. Observers shall have the right to make written protests which must be added to the electoral committee records and decisions and, together with other election documents, must be delivered to the senior electoral committee. (Amended 19 September 1996) Article
Publication of Election Results The final results of elections of the President of the Republic shall be publicised by the Central Electoral Committee within 5 days of the elections. The results of repeat elections of the President of the Republic shall be publicised by the Central Electoral Committee within 5 days of the day of the repeat vote. (Amended 19 September 1996) Article
Inquiry Concerning the Violation of the Law on Presidential Elections Not later than within 3 days of the official proclamation of the election results, the Seimas of the Republic of Lithuania may appeal to the Constitutional Court of the Republic of Lithuania with the inquiry whether or not the Law on Elections has been violated during the elections of the President of the Republic. The Constitutional Court of the Republic of Lithuania shall investigate and evaluate the decision only of the Central Electoral Committee or its refusal to consider complaints concerning the violations of the Law on Elections in the cases when decisions have been adopted or other actions of said Committee have been performed after the closing of voting while holding elections of the President of the Republic. This inquiry shall be investigated by the Constitutional Court of the Republic of Lithuania not later than within 72 hours of its submission to the Constitutional Court. Non-working days shall be included in this period. Following the findings of the Constitutional Court of the Republic of Lithuania, the Seimas of the Republic of Lithuania shall adopt the final decision concerning the violation of the Law on Presidential Elections. If the Constitutional Court of the Republic of Lithuania makes a conclusion that the Central Electoral Committee has severely violated the Law of the Republic of Lithuania on Presidential Elections or has falsified election documents, and this has had an essential influence on the establishment of the election results, the Seimas of the Republic of Lithuania may pass one of the following resolutions: 1) to declare the election results invalid - when, from the vote calculation records, it is impossible to establish real election results; or 2) to establish real final election results according to the vote calculation records confirmed by electoral committees, provided that the decisions of the committees concerning confirmation of these records have not been appealed against in the Vilnius County Court, and the Vilnius County Court has not reversed the decisions of the committees concerning confirmation or non-confirmation of these records. Upon declaring the results of the elections of the President of the Republic invalid, repeat elections of the President of the Republic shall, not later than within 3 months of the election day, be held in the manner prescribed by this Law. (Supplemented 19 September 1996) Article
Certificate of the President of the Republic The Electoral Committee for Elections of the President of the Republic shall issue a certificate of the President of the Republic to the elected President of the Republic within 3 hours of the publication of the election results. (Repealed 19 September 1996) Article
The Keeping of Documents Concerning the Elections of the President of the Republic After the closing of elections of the President of the Republic and not later than within 20 days of the end of the term established in this Law for the consideration of complaints against its decisions, the Central Electoral Committee shall deliver records and voter lists of the electoral districts and town and regional electoral committees, and the Central Electoral Committee to the State Archives to be held for an unspecified period of time. (Amended 19 September 1996) Acting President of the Republic ALGIRDAS BRAZAUSKAS Vilnius 22 December 1992 No.I-28

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