Trumpai
Šis įstatymas nustato, kaip renkami savivaldybių tarybų nariai Lietuvoje, apibrėždamas rinkimų principus, kas gali balsuoti ir būti išrinktas, bei kaip organizuojami rinkimai.
Ką jis reguliuoja
- Savivaldybių tarybų narių rinkimų tvarką ir principus.
- Kas turi teisę balsuoti ir būti išrinktas į savivaldybės tarybą.
- Rinkimų datos nustatymą ir rinkimų proceso viešumą.
- Rinkimų išlaidų padengimą.
Kam jis rūpi
- Nuolatiniams savivaldybių gyventojams, kurie yra 18 metų amžiaus rinkimų dieną (rinkėjams).
- Asmenims, norintiems būti išrinktiems į savivaldybių tarybas.
- Valstybės ir savivaldybių institucijoms, atsakingoms už rinkimų organizavimą.
Pagrindiniai punktai
- Savivaldybių tarybų nariai renkami ketverių metų kadencijai, visuotiniais, lygiais, tiesioginiais rinkimais slaptu balsavimu pagal proporcinę rinkimų sistemą.
- Teisę rinkti turi nuolatiniai savivaldybės gyventojai, sulaukę 18 metų.
- Į savivaldybės tarybą gali būti išrinktas nuolatinis savivaldybės gyventojas, kuriam rinkimų dieną yra ne mažiau kaip 20 metų.
- Draudžiama pirkti balsus ar kitaip paveikti rinkėjų valią, siūlant dovanas, paslaugas ar kitą atlygį.
Įstatymo tekstas
Įstatymo tekstas
REPUBLIC OF LITHUANIA LAW ON ELECTIONS TO MUNICIPAL COUNCILS 7 July 1994 No I-532 Vilnius (As last amended on 2 October 2012 – No XI-2267) CHAPTER ONE GENERAL PROVISIONS Article
- Fundamentals of Elections of Municipal Councillors
- Members of municipal councils of the Republic of Lithuania (hereinafter referred to as “municipal councillors”, “councillors”) shall be elected for a four-year term in multi-member constituencies by universal and equal suffrage, in a secret ballot at direct elections under the proportional electoral system. One multi-member constituency of a municipality (hereinafter referred to as a “constituency”) shall be formed in each municipality.
- This Law has been harmonised with the legal acts of the European Union referred to in the Annex to this Law. Article
- Universal Suffrage
- The right to elect municipal councillors shall be enjoyed by permanent residents of the respective municipality, who are 18 years of age on polling day, i.e. voters. Persons who have been recognised legally incapable by the court shall not participate in elections to municipal councils (hereinafter referred to as “elections”).
- Any permanent resident of a particular municipality, who is at least 20 years of age on polling day, may be elected as member of the council of that municipality.
- A permanent resident of a particular municipality shall be any citizen of the Republic of Lithuania who has declared his place of residence pursuant to legal acts of the Republic of Lithuania within the territory of this municipality or whose last known address of residence is within the territory of this municipality, or who has indicated by public declaration his place of residence within the territory of this municipality and such a place of residence is, in the prescribed manner, regarded as his principal place of residence, or any citizen of any other member state of the European Union who has the right to reside in the Republic of Lithuania and who has declared his place of residence pursuant to legal acts of the Republic of Lithuania within the territory of this municipality or who is included in this municipality in the records of persons who do not have a place of residence, or any other person who is entitled to permanent residence in the Republic of Lithuania and holds the document confirming this right and who has declared his place of residence pursuant to legal acts of the Republic of Lithuania within the territory of this municipality or who is included in this municipality in the records of persons who do not have a place of residence. A person who declared his place of residence pursuant to legal acts of the Republic of Lithuania within the territory of a particular municipality not later than the date of submission of application documents to the respective municipal electoral commission, may be elected as member of the council of this municipality.
- A person who has not completed a court-imposed sentence at least 65 days before elections, as well as a person who has been declared legally incapable or insane by the court may not be elected as municipal councillor. A citizen of a foreign state whose passive voting right has been restricted by the court in the state of which he is a citizen may not be elected as municipal councillor.
- A person who on polling day is in the active or alternative national defence service, as well as a serviceman of the professional military service or an officer of a statutory institution or establishment, who has not been transferred to the reserve or has not retired at least 65 days before elections and whose participation in political activities is restricted under special laws or statutes, may not be elected as municipal councillor.
- Other direct or indirect abridgements of the right to vote of permanent residents of that municipality on the grounds of origin, political opinion, social and property status, nationality, gender, education, language, relationship with religion, type and character of their occupation shall be prohibited. Article
- Equal Suffrage
- Each voter shall have one vote to cast for a list of candidates for municipal councillor (hereinafter referred to as a “list of candidates”) or for a self-nominated candidate, i.e. a mandate vote (the sums of the mandate votes cast for each list or self-nominated candidate shall determine the number of mandates of municipal councillor received or not received by a concrete list of candidates, or whether or not the self-nominated candidate has been elected). A voter voting for a list of candidates may cast preference votes for the candidates of this list (a place of each candidate on the list after the election shall be determined by the sums of these votes cast for each candidate on the list).
- All candidates for municipal councillor, whether nominated or self-nominated, shall be equal. Article
- Direct Elections There shall be no voting by proxy in elections to municipal councils. Article
- Secret Ballot
- Voters shall vote in person and by secret ballot. It shall be prohibited to vote for another person or to vote by proxy. A voter, who is unable to vote in person because of his disability, may vote with the assistance of another person whom he trusts, as provided for in this Law.
- It shall be prohibited to control the will of voters in elections. During the voting it shall be prohibited to influence the self-determination or will of a voter to vote, or not to vote, for a particular candidate or list of candidates as well as to hasten a voter to vote. Necessary measures must be taken to enable a voter to mark a ballot paper in secret and without interference. It shall be prohibited to handle a ballot paper in such a way so as to reveal the secret of voting. Article
- Prohibition against Bribery of Voters or Persons Eligible to Vote
- It shall be prohibited to buy, directly or indirectly, votes, to induce, by offering gifts, services or other rewards, a voter or a person eligible to vote to attend or not to attend elections and/or to vote for or against a particular person to be nominated as a candidate or self-nominated, a candidate or a list of candidates, as well as to promise voters a reward for voting after the election with the purpose of affecting the will of voters in respect of particular political parties or candidates or persons to be nominated as candidates, thereby preventing citizens from exercising their right to vote.
- Production or free distribution of printed materials (a programme, biography of a political party or a candidate or a person to be nominated as a candidate or self-nominated, or any other information leaflets, calendars, postcards, stickers) and pins intended for campaigning for a political party or a candidate or a person to be nominated as a candidate or self-nominated shall not be considered as bribery of voters.
- The facts of bribery of voters and persons eligible to vote shall be examined and decided by electoral commissions in accordance with the procedure laid down by the Central Electoral Commission. The Central Electoral Commission shall publish information about the established facts of bribery on the website together with a pledge of the candidate who has violated this Article to comply with the prohibition against bribing voters and persons eligible to vote. The recognition of the facts of bribery of voters and persons eligible to vote as a gross violation of this Law shall lead to the consequences defined in this Law and other laws. Article
- Announcement of a Date of Elections to Municipal Councils
- All municipal councillors shall be elected at the same time.
- Elections to municipal councils shall be announced by the Seimas of the Republic of Lithuania no later than five months prior to the expiration of the powers of the incumbent municipal councillors. If four months prior to the expiration of the powers of the incumbent municipal councillors the Seimas of the Republic of Lithuania fails to announce the date of elections to municipal councils, elections to municipal councils shall be held on the last Sunday coming at least one month prior to the expiration of the powers of the incumbent municipal councillors. Elections to municipal councils shall be held no earlier than two months and no later than one month prior to the expiration of the powers of the incumbent municipal councillors.
- If elections to municipal councils must be held in time of war, a decision on holding such elections shall be taken according to special laws or other legal acts.
- The day when ballots are cast in polling stations of polling districts shall be considered to be the day of elections to municipal councils. Voting at places other than polling stations (by post or in other ways provided for in this Law) shall be carried out before polling day or finished on polling day as it is provided for in this Law. The term which is calculated from polling day and may be implemented only when election results are proclaimed shall commence on the day of proclamation of the election results.
- The date of rerun elections in a municipality shall be announced by the Central Electoral Commission in cases provided for in this Law no later than within 15 days from the day when the grounds for holding such elections occurred, unless otherwise provided for in this Law. It shall also announce an election date in the case specified in paragraph 2 of this Article. Article
- Openness of Preparation and Holding of Elections
- A public notice about a forthcoming meeting of an electoral commission shall be put on the notice board placed in the premises where the electoral commission has its office, and the members of this electoral commission shall be personally notified about the forthcoming meeting at least 24 hours before the start of the meeting.
- Meetings and voting of electoral commissions shall be open and may be observed by representatives for the election of political parties (hereinafter referred to as "parties"), self-nominated candidates, self-nominated candidates who have joined together to form a joint list (hereinafter referred to as "representatives for the election") and electoral observers upon presenting certificates of the established form or credentials validated by the seal of the parties which have authorised them, as well as representatives of the mass media upon presenting their professional cards or employment certificates. Every candidate shall have the right to participate in a meeting of an electoral commission if an issue pertaining to his personal activities or circumstances directly related to his person is being considered or if he has been invited to attend the meeting by the chairman of the electoral commission.
- Persons present in the conference hall of the electoral commission may, from their seats, record, write down in shorthand or take down everything that is said at the meeting, photograph, film or make video recordings. Taking photographs or filming, video recording that requires walking around the premises or using special lighting equipment, as well as live radio or television broadcasting of meetings shall be subject to the permission of the chairman of the electoral commission.
- Electoral commissions may not hold closed meetings. The Central Electoral Commission may prohibit anyone from entering the workroom of the service staff of electoral commissions, document storing premises if it is necessary to guarantee undisturbed working conditions of the staff and to protect election documents.
- If there is a reason to believe that during a meeting of the electoral commission a threat to the security of participants of the meeting may arise, the chairman of the commission shall ask the police to check the documents and belongings of the persons entering the conference hall or to carry out their personal search.
- The electoral commission may remove from the conference hall the persons who interfere with the work of the commission. Article
- Expenditure Related to the Preparation and Holding of Elections Expenditure related to the preparation and holding of elections to municipal councils shall be covered by the State and municipalities. The expenditure of electoral commissions related to the organisation and conduct of elections and the work of the members of electoral commissions and the service staff shall be covered from the state budget. The maintenance of premises of polling stations and the office space of municipal electoral commissions and district electoral commissions, expenditure related to the purchase and maintenance of the polling stationery and equipment of polling stations shall be covered from municipal budgets. If the municipality fails to provide adequate premises or polling stationery and equipment for the offices of the municipal electoral commission and district electoral commissions as well as for polling stations, the Central Electoral Commission shall cover the expenditure related thereto with the funds of the state budget allocated to it. In such a case, the actual expenses on premises and polling stationery and equipment for polling stations shall be recovered without litigation by the Central Electoral Commission from the municipality within two months after the elections. CHAPTER TWO CONSTITUENCIES AND POLLING DISTRICTS Article
- Number of Municipal Councillors to be Elected
- Under the proportional electoral system, the following number of municipal councillors shall be elected: 1) 51 municipal councillors – in municipalities with more than 500 000 inhabitants; 2) 41 municipal councillors – in municipalities with a population between 300 000 and 500 000 inhabitants; 3) 31 municipal councillors – in municipalities with a population between 100 000 and 300 000 inhabitants; 4) 27 municipal councillors – in municipalities with a population between 50 000 and 100 000 inhabitants; 5) 25 municipal councillors – in municipalities with a population between 20 000 and 50 000 inhabitants; 6) 21 municipal councillors – in municipalities with a population between 10 000 and 20 000 inhabitants; 7) 17 municipal councillors – in municipalities with a population between 5 000 and 10 000 inhabitants; 8) 15 municipal councillors – in municipalities with less than 5 000 inhabitants.
- The Central Electoral Commission shall, at least 110 days before elections, announce the number of municipal councillors to be elected. Article
- Formation of Polling Districts
- Seeking to ensure convenient access for voters to polling stations and depending on the number of voters, the territories of municipalities shall be divided into polling districts.
- The division of the territory of a municipality, which shall be permanent when organising and conducting various elections and referenda, into polling districts shall, on the recommendation of the director of the municipal administration, be approved and changed, when necessary, by the Central Electoral Commission.
- No more than 5 000 voters must reside within the territory of a polling district.
- The boundaries of a polling district shall be adjusted and the address of a polling station shall be changed when necessary, but no later than 100 days before elections. In his recommendation to approve the division of the territory of a municipality into polling districts, the director of the municipal administration shall specify the proposed name of a polling district, the addresses comprising the polling district, the number of voters in the polling district which is being formed, the address and telephone number of a polling station. The recommendation on changes in the division of the territory of a municipality into polling districts shall specify the proposed changes. These changes must be submitted to the Central Electoral Commission at least 110 days before elections. Where it is impossible to conduct voting at the polling station designated earlier, the Central Electoral Commission may, on the recommendation of the municipal electoral commission, change the address of the polling station of the district electoral commission at a period shorter than the one specified in this Article.
- A list of the approved polling districts and changes made therein shall be announced by the Central Electoral Commission at least 100 days before elections. CHAPTER THREE ORGANISATION of Elections TO MUNICIPAL COUNCILS Article
- Electoral Commissions
- Elections to municipal councils shall be organised and conducted by: 1) the Central Electoral Commission; 2) municipal electoral commissions; and 3) district electoral commissions.
- Any citizen of the Republic of Lithuania may be proposed as a member of an electoral commission provided that he is eligible to stand for elections to the Seimas (without applying the age requirement set for a candidate to Seimas member, but not younger than 18 years of age on polling day) and was not removed from an electoral commission or a referendum commission during the last three elections to the Seimas, presidential elections, elections to municipal councils or the referendum for violations of laws on elections or the Law on the Referendum.
- The same person may not concurrently be an electoral commission member and a candidate; a candidate and a representative for the election; a representative for the election and an electoral commission member; a candidate and an electoral observer; an electoral commission member and an electoral observer. An electoral commission member wishing to stand as a candidate – before giving a commission member’s pledge, or a person wishing to stand as a candidate – before nominating himself as a candidate or giving his consent to stand as a candidate must respectively resign from the duties of the electoral commission member or withdraw his application documents at least ten days in advance. If an electoral commission member fails to do so, he shall be dismissed from the electoral commission for the violation of this Law and shall not be registered as a candidate or his name shall be struck off the list of candidates. Article
- Formation of Municipal Electoral Commissions
- For the period of elections, the Central Electoral Commission shall form municipal electoral commissions at least 74 days before elections.
- A municipal electoral commission shall be composed of: 1) one person who resides or works in the territory of that municipality has higher legal education and is nominated by the Minister of Justice; 2) one person who resides or works in the territory of that municipality has higher legal education and is nominated by the Lithuanian Lawyers’ Association; 3) one career civil servant who works in the administration of that municipality and is nominated by the director of the administration of that municipality; 4) persons nominated by parties, cross-party coalitions which during the last elections to the Seimas received mandates of Seimas member in the multi-member constituency; 5) persons nominated by parties, cross-party coalitions which during the last elections to the municipal council received at least 3 mandates of members of that municipal council.
- The Minister of Justice, the Lithuanian Lawyers’ Association and the director of the municipal administration may propose more than one person.
- Every party, cross-party coalition which received mandates of Seimas member in the multi-candidate constituency shall each have the right to propose one representative (hereinafter referred to as a "nominee") to municipal electoral commissions for one list (joint list) of candidates nominated in the multi-member constituency. Every party, cross-party coalition which, during the last elections to the municipal council, received mandates of members of that municipal council according to the list (joint list) of nominated candidates shall each have the right to propose one nominee to the respective municipal electoral commission for one list (joint list) of nominated candidates. If the party may propose nominees on the basis of the results of both elections to the Seimas and elections to the municipal council, it shall propose nominees on the basis of either of these results of its choice. If one of the parties which participated in the coalition does not propose or refuses to propose nominees, or chooses to propose nominees on the basis of the results of the elections other than those for which the coalition was formed, the other parties which participated in this coalition shall have the right to propose nominees without its participation. Parties, their coalitions shall submit lists of nominees to the Central Electoral Commission at least 81 days before elections. If nominees meet the requirements of this Law, the Central Electoral Commission cannot reject the said nominees. Where no nominees have been proposed, the Central Electoral Commission may additionally, instead of them, appoint as commission members persons who are proposed by the Minister of Justice, the Lithuanian Lawyers’ Association or the director of the municipal administration.
- In all cases, not less than three municipal electoral commission members must be persons appointed to a municipal electoral commission from the candidates proposed by the Minister of Justice, the Lithuanian Lawyers’ Association and the director of the municipal administration. In the event of less than three persons, the commission shall be enlarged from the persons proposed by the Minister of Justice, the Lithuanian Lawyers’ Association or the director of the municipal administration.
- If elections to the European Parliament or the Seimas, or the office of President of the Republic, or the municipal council, or a referendum are concurrently held on the same day, the same district electoral commissions or referendum commission shall be formed. The Central Electoral Commission shall form a single – municipal electoral, constituency electoral or referendum – commission on a separate electoral or referendum territory and shall define its functions in organising and carrying out other elections or referendum.
- The Central Electoral Commission shall appoint the chairman of a municipal electoral commission from the commission members. A person who has got experience of working as the chairman or member of the Central Electoral Commission, a municipal electoral, constituency electoral or referendum commission or experience of working as the chairman of a district electoral commission shall be appointed as the chairman of a municipal electoral commission.
- During its first meeting the municipal electoral commission shall elect a deputy chairman and a secretary of the commission. Article
- Powers of the Municipal Electoral Commission The municipal electoral commission shall: 1) in accordance with the procedure laid down by the Central Electoral Commission, inform voters who reside within the territory of the respective municipality about the boundaries of polling districts, offices of district electoral commissions, their working hours and polling stations; 2) supervise the implementation of this Law in the municipal territory; 3) form district electoral commissions; 4) within the limits of the estimate of the municipal electoral commission approved by the Central Electoral Commission, approve estimates of expenses of district electoral commissions and control the use of funds assigned in these estimates; 5) register electoral observers and issue certificates to them, observe political campaigning in the municipal territory and submit observation-related information to the Central Electoral Commission in accordance with the procedure laid down by it; 6) accept application documents, verify them, register lists of candidates and self-nominated candidates, issue certificates to the registered candidates, register cross-party coalitions which are being formed or wound up, determine the numbering of joint lists of candidates; 7) inspect forms for the collection of voters’ signatures (or assign this task to district electoral commissions) and determine whether or not the required number of signatures of voters who supported the self-nomination of a candidate has been collected; 8) make up a list of health care (except out-patient), social care and guardianship institutions, military elements, arrest houses, remand prisons (detention facilities) and penal institutions situated within the territory of the municipality, and together with the head of the post office take care of the organisation of voting by post in the said places, as well as organise early voting; 9) draw up a vote counting record of the constituency, establish election results and forward them to the Central Electoral Commission for approval; following the decision of the Central Electoral Commission publish the list of the elected municipal councillors in the press; 10) consider complaints against decisions and actions of district electoral commissions and take decisions; revoke decisions of district electoral commissions which are not in compliance with the requirements of laws or other legal acts; and 11) exercise other powers provided for in this Law. Article
- Formation of District Electoral Commissions
- At least 65 days before elections, the municipal electoral commission shall determine the number of members of each district electoral commission that must be a multiple of the number of the parties which have the right to propose nominees to district electoral commissions. In the event of an insufficient number of proposed nominees or a vacancy in the district electoral commission, the director of the administration of the municipality in the territory of which the polling district is formed may propose the lacking nominees.
- The following shall have the right to propose an equal number of nominees to a district electoral commission: 1) a party or cross-party coalition which during the last elections to the Seimas received mandates of Seimas member in the multi-member constituency. If the party received mandates of Seimas member while in the coalition, it may propose nominees together with the parties which participated in the coalition; 2) a party or cross-party coalition which during the last elections to the municipal council received at least 2 mandates of members of that municipal council. If the party received mandates of municipal councillor while in the coalition, it may propose nominees together with the parties which participated in the coalition.
- If the party may propose nominees on the basis of the results of both elections to the Seimas and elections to the municipal council, it shall propose nominees on the basis of either of these results of its choice. If one of the parties which participated in the coalition does not propose or refuses to propose nominees, or chooses to propose nominees on the basis of the results of the elections other than those for which the coalition was formed, the other parties which participated in this coalition shall have the right to propose nominees without its participation.
- Parties shall submit lists of nominees for members of district electoral commissions to municipal electoral commissions at least 48 days before elections.
- District electoral commissions shall, for the period of elections, be formed by municipal electoral commissions at least 45 days before elections. If a nominee proposed by the party to the district electoral commission meets the requirements of this Law, the municipal electoral commission cannot reject him.
- If no nominees have been proposed or the proposed nominees do not meet the requirements of this Law, or they have been proposed after the set time limit, a municipal electoral commission may decrease the earlier fixed number of members of the district electoral commission or address the director of the municipal administration so that the latter would propose the lacking number of nominees to the district electoral commission. Persons proposed by the director of the municipal administration may not be members of parties or become one prior to the expiration of the powers of the electoral commission member. If at the meeting appointing a member of a district electoral commission at least three members of a municipal electoral commission object to the appointment of the person proposed by the director of the municipal administration, that person may not be appointed a commission member.
- The municipal electoral commission shall appoint the chairman of a district electoral commission from among its members. A person who has got experience of working as the chairman or member of an electoral commission or a person who has a university degree or equivalent degree or non-university degree of higher education (college education) shall be appointed as the chairman of a district electoral commission.
- During its first meeting the district electoral commission shall elect a deputy chairman and a secretary of the commission. Article
- Powers of the District Electoral Commission The district electoral commission shall: 1) receive district electoral rolls from the municipal electoral commission, take the necessary measures to enable voters, representatives for the election to familiarise themselves with the said rolls, deliver or otherwise distribute poll cards to voters, inform the municipal electoral commission about inaccuracies noticed in the district electoral roll; 2) consider complaints concerning errors made in the district electoral roll; 3) in accordance with the procedure laid down by the Central Electoral Commission, supervise the course of voting by post in the territory of a polling district to enable voting by post in all health care (except out-patient), social care and guardianship institutions, military elements, arrest houses, remand prisons (detention facilities) and penal institutions situated within the territory of a polling district, as well as organise voting at home; 4) together with a representative of the municipal administration, take care of the arrangement of polling stations, polling booths and ballot boxes in due time pursuant to the requirements laid down in this Law; 5) organise voting in the polling district on polling day; 6) count votes, draw up a vote counting record of the polling district and transmit the data of this record through means of electronic communication in accordance with the procedure laid down by the Central Electoral Commission; 7) consider complaints of voters and electoral observers of its polling district on issues concerning the preparation of the election, organisation of voting, vote count, drawing-up of vote counting records, and take decisions related thereto; 8) exercise other powers provided for in this Law. Article
- Written Pledges of Electoral Commission Members
- A member, chairman of an electoral commission shall start holding a position in the electoral commission only upon giving a written pledge. A person who gives a written pledge shall have the right to choose one of the texts of a written pledge set forth in paragraph 2 of this Article and to give a written pledge in compliance with it.
- The Central Electoral Commission shall establish the procedure for giving a written pledge by members, chairmen of municipal electoral commissions and district electoral commissions. The texts of a written pledge of a member, chairman of an electoral commission shall read as follows: 1) “I, (name, surname), swear to be faithful to the Republic of Lithuania, observe its Constitution and laws, conscientiously and honestly perform my duties in the electoral commission and refrain from actions violating laws and human rights. So help me God.”; 2) “I, (name, surname), swear to be faithful to the Republic of Lithuania, observe its Constitution and laws, conscientiously and honestly perform my duties in the electoral commission and refrain from actions violating laws and human rights."
- Upon giving a written pledge, a person shall sign at the foot of the pledge. The text of a written pledge may not be altered. The pledge shall be effective for the whole duration of the appointment to the electoral commission.
- Written pledges of members, chairmen of the electoral commission shall be kept in the custody of the electoral commission which has appointed them.
- The decision of the Central Electoral Commission or a municipal electoral commission on the appointment of an electoral commission member shall fix the time when the electoral commission member must give a written pledge. A person who has not given a written pledge within 15 days after his appointment as an electoral commission member shall be removed from his position in the electoral commission. Article
- Organisation of the Work of Electoral Commissions
- Meetings of electoral commissions shall be valid if attended by at least three-fifths of the commission members. Decisions of commissions shall be adopted by open vote of the majority of the commission members present in the meeting. In the event of a tie, the commission chairman shall have a casting vote. Commission members who do not agree with the decision shall be entitled to express a dissenting opinion in writing. It shall be attached to the minutes and shall form an integral part of the minutes.
- After the close of elections, the powers of the chairmen and members of municipal electoral commissions and district electoral commissions shall be terminated. The decision to terminate the powers shall be adopted by the electoral commission which appointed the commission members, provided this commission and its chairman have fulfilled all the tasks assigned to them under this Law.
- The chairman or member of an electoral commission who has given a written pledge shall be prohibited from any form of election campaigning or attempts to influence the will of voters in any other way. A person who has violated this requirement or a written pledge of the commission member must be dismissed from the electoral commission and may be held liable under law. Article
- Appeals against Decisions of Electoral Commissions Adopted before the Close of the Poll
- A party which has nominated candidates, a self-nominated candidate, a representative for the election, an electoral observer shall have the right to appeal against any decision of the electoral commission adopted before the close of the poll or against any other act of the commission: 1) that of the district electoral commission – to the municipal electoral commission; 2) that of the municipal electoral commission – to the Central Electoral Commission; 3) that of the Central Electoral Commission – to the Supreme Administrative Court of Lithuania.
- A voter, a representative for the election who does not agree with the decision of the district electoral commission which has been adopted on his complaint concerning the errors made in the electoral roll which prevent the voter from implementing his right to vote (he has been incorrectly entered in or struck off the electoral roll as well as inaccurate data about the voter has been entered in the electoral roll) shall be entitled to appeal against such a decision of the district electoral commission to the administrative court of an appropriate region.
- An appeal filed with the regional administrative court must be investigated within 48 hours from the filing thereof. Non-working days shall also be included in this time limit. The decision of the court shall become effective after its pronouncement. Appeals which have been filed not in compliance with the procedure established in this Article shall not be considered and shall be referred to the electoral commission which must investigate them. A district electoral commission, a municipal electoral commission cannot refer to the Central Electoral Commission for consideration appeals which are within their own jurisdiction but have not been investigated by them. Article
- Support Provided to Electoral Commissions and Allocation of State Budget Funds to Municipal Electoral Commissions to Organise Elections
- State and municipal institutions, enterprises, establishments and organisations as well as their officials must assist electoral commissions in exercising their powers and must provide information necessary for the performance of their functions.
- State and municipal institutions, enterprises, establishments and organizations as well as their officials must not later than within three days consider requests submitted by electoral commissions and give justified replies to the electoral commissions.
- The chairman of a municipal electoral commission shall enjoy the right to conclude employment contracts with employees necessary to carry out ancillary works related to the organization of elections. These employment contracts shall be concluded by the chairman of the electoral commission under the power of attorney on behalf of the Central Electoral Commission. The procedure of remuneration for work in electoral commissions and the amounts of such remuneration shall be approved by the Government, on the recommendation of the Central Electoral Commission.
- At the request of the municipality, state establishments and other organisations shall provide electoral commissions with adequate premises and equipment for the preparation and holding of elections.
- The Central Electoral Commission shall transfer the state budget funds allocated to municipal electoral commissions for the organisation of elections to the bank account of the Central Electoral Commission opened in each municipality.
- The Chairman of the Central Electoral Commission shall sign an agreement with the chairman of a municipal electoral commission on the use of state budget funds which shall specify: 1) the amount of budget funds transferred to the municipal electoral commission and the programme of the Central Electoral Commission under which these funds are allocated; 2) the intended purpose of the use of budget funds; 3) planned detailed distribution of budget funds according to the economic purpose of expenditure, and the calculation of remuneration costs (appended to the agreement); 4) the procedure for accounting to the Central Electoral Commission for the organisation of elections; 5) the procedure for accounting to the Central Electoral Commission for the use of budget funds (indicating the economic purpose of expenditure) and submitting of accounting documents justifying the use of the funds; 6) other provisions helping the Central Electoral Commission to ensure the legitimacy, cost-effectiveness, efficiency and effectiveness of the implementation of programmes and the use of the allocated appropriations.
- The Central Electoral Commission shall transfer the state budget funds for the organisation of elections to the accounts indicated in paragraph 5 of this Article in accordance with the estimates of municipal electoral commissions approved by the Central Electoral Commission.
- The chairman of a municipal electoral commission shall control how the state budget funds allocated to the municipal electoral commission for the organisation of elections are used and shall account to the Central Electoral Commission for the use thereof.
- The Central Electoral Commission shall examine the report on the use of the state budget funds for the organisation of elections and the documents justifying the expenditure, presented by the chairman of the municipal electoral commission. Having established violations of financing, use of funds or accounting the Central Electoral Commission shall initiate recovery of damages from the guilty persons.
- The chairman of the municipal electoral commission shall be liable for the damages inflicted during the period of validity of the agreement on the use of state budget funds even after the expiration of such an agreement. Article
- Payment for Work of Electoral Commission Members
- Chairmen, deputy chairmen, secretaries and members of electoral commissions shall receive payment for their work in electoral commissions at the rates submitted by the Central Electoral Commission and approved by the Government.
- Members, chairmen and deputy chairmen of electoral commissions shall be paid for their work in electoral commissions against actual time sheets, without exceeding the appropriations allocated to an appropriate electoral commission for remuneration. The Central Electoral Commission shall establish the procedure for filling in time sheets in electoral commissions. The chairman of an appropriate electoral commission shall be responsible for the accuracy of the time sheets. Limitation on the working time defined in the Labour Code of the Republic of Lithuania shall not be applied to work in electoral commissions.
- The procedure for imposing incentive measures to chairmen, deputy chairmen and members of electoral commissions shall be approved by the Government on the recommendation of the Central Electoral Commission. Article
- Changes in the Composition of an Electoral Commission
- The chairman or member of an electoral commission may be removed from his position in the commission by the electoral commission which approved the composition of the said commission, or by the Central Electoral Commission.
- The electoral commission may consider only a justified proposal of a party to recall the member of the electoral commission whom the party proposed.
- When necessary, a new chairman or member of the electoral commission may be appointed in accordance with the procedure established by this Law even upon the expiration of the time limits set in paragraph 1 of Article 13 and paragraph 5 of Article 15 of this Law. CHAPTER FOUR Electoral rolls and POLL CARDS Article
- Electoral Rolls
- For organising and holding elections the following electoral rolls shall be compiled: 1) the electoral roll of the Republic of Lithuania; 2) electoral rolls of municipalities; and 3) electoral rolls of polling districts.
- Electoral rolls shall be drawn up twice – provisional and final. These rolls may be used only for the organisation and holding of elections.
- The procedure for drawing up electoral rolls must be so that every person eligible to vote shall be entered on an electoral roll. No one may be entered on an electoral roll more than once.
- The electoral roll of the Republic of Lithuania and electoral rolls of municipalities which are drawn up and managed by the management body of the Residents' Register shall be made in electronic data media. Electoral rolls of polling districts shall be printed. The procedure, form, method of compiling electoral rolls and the procedure of their use shall be laid down by the Central Electoral Commission. When drawing up electoral rolls, the following personal data shall be used: 1) in the electoral roll of the Republic of Lithuania: name, surname, personal number, date of birth, number of the document confirming citizenship, home address and grounds for entering the address in the Residents’ Register; 2) in the municipal electoral roll: name, surname, personal number, date of birth, home address and grounds for entering the address in the Residents’ Register; 3) in the polling district electoral roll: name, surname and home address. The home address of a voter who has expressed disagreement about his home address appearing in the polling district electoral roll shall be indicated only in the annex to the polling district electoral roll and in the poll card.
- Every voter shall have the right to express disagreement about his home address being made public in the polling district electoral roll. The Central Electoral Commission shall, together with the management body of the Residents’ Register, take the necessary measures to enable a voter to exercise his right to express disagreement about his home address being made public in the polling district electoral roll. Article
- General Procedure for Entering Voters on the Electoral Roll of the Republic of Lithuania
- All persons eligible to vote shall be entered on the electoral roll of the Republic of Lithuania on the basis of the data of the issuance of the passport, identity card or permit for permanent residence in the Republic of Lithuania, as well as the data of the Residents’ Register of the Republic of Lithuania. State and municipal institutions and establishments which issue documents confirming the identity of a person or the right to permanently reside in the Republic of Lithuania, manage the data pertaining to the declaration of the place of residence of persons, register the death of persons and the loss of citizenship, shall also be responsible for accurate and timely changes and updates of the data in the Residents’ Register of the Republic of Lithuania. Electoral rolls compiled on the basis of the data of the Residents’ Register of the Republic of Lithuania shall be provisional.
- Compiling, updating and management of electoral rolls shall be organised by the Central Electoral Commission on the basis of the information furnished by state, municipal institutions and municipal electoral commissions.
- The following persons shall be struck off the electoral roll of the Republic of Lithuania: 1) a diseased voter; 2) a person who has lost the citizenship of the Republic of Lithuania and does not have a document confirming the right to permanently reside in the Republic of Lithuania; 3) a voter after a court decision, whereby he has been declared legally incapable, becomes effective; 4) a person whose document confirming the right to permanently reside in the Republic of Lithuania has been revoked in accordance with the procedure laid down by the law.
- Provisional electoral rolls with changes done therein and acknowledged in accordance with the procedure established by the Central Electoral Commission shall be approved as final electoral rolls not more than 7 days before elections. Changes in final electoral rolls may be done only with the consent of the Central Electoral Commission. Article
- Electoral Rolls of Municipalities A municipal electoral roll shall be drawn up in the electronic data media by the Central Electoral Commission according to the electoral roll of the Republic of Lithuania and the home address of a voter (the last known or declared home address of the voter) indicated therein, and shall be delivered to the municipal electoral commission at least 39 days before elections. Concurrently, rolls of voters whose home addresses are unknown shall be drawn up. Article
- Electoral Rolls of Polling Districts A polling district electoral roll shall be drawn up by the municipal electoral commission according to the municipal electoral roll and the voter’s home address indicated therein, and shall be delivered to the district electoral commission at least 26 days before elections. Article
- Public Announcement of, and Access to, Electoral Rolls
- The district electoral commission shall, at least 25 days before elections, take the necessary measures to enable voters to familiarise themselves with the polling district electoral roll. Voters shall only have access to their own data specified in an annex to the polling district electoral roll. It shall be prohibited to make copies of polling district electoral rolls or to duplicate or distribute such lists in any other manner. A notice must be posted at the entrance to the premises of an electoral commission indicating the duty hours of the commission members and telephone numbers by which voters may check whether they have been entered on the electoral roll. Upon the expiration of the time limit specified in this Law for issuing poll cards, notices indicating the duty hours of the district electoral commission, its contact telephone numbers and the polling district on the electoral roll of which the residents of a multi-family apartment building have been entered must also be posted in the stairways of such buildings.
- The electoral roll of the Republic of Lithuania and electoral rolls of municipalities shall not be made public, however, information about the entry of a voter on the electoral roll may be provided to the voter concerned by telephone. Article
- Poll Card
- A poll card shall be an information certificate about an election to a voter, a nominal invitation to participate in an election. Poll cards together with other information about the election shall be delivered to voters or such delivery shall be organised by electoral commissions. A voter himself, or at his request – any other person, may print or write out his poll card in accordance with the data of the electoral roll of the Republic of Lithuania received through means of electronic communication (via the internet or a mobile short text message) in accordance with the procedure laid down by the Central Electoral Commission. In this event, the voter himself shall sign his poll card, except for the cases when he cannot sign it himself because of his disability and the poll card is signed by another person chosen by the voter, indicating his name, surname and personal number. Electoral commissions shall distribute poll card forms which may be filled out by the voter himself. A poll card shall be mandatory only in the cases where a voter votes not on polling day at a place other than a polling district.
- A poll card shall specify: 1) the voter’s name and surname; 2) the voter’s home address; 3) the name and number of a polling district on the electoral poll of which the voter has been entered, and the address of a polling station; 4) the successive number of the voter on the polling district electoral roll; and 5) election date, polling time at the polling station of the polling district; invitation to attend the election, other information relevant to the voter or the organisation of the election.
- If a voter requests to issue him with a duplicate of a poll card in place of the poll card he has lost or has not received, a duplicate must be issued to the voter immediately as soon as his data to be entered on the card are established. Article
- Delivery of Poll Cards
- The delivery of poll cards to voters shall be organised by a district electoral commission.
- The procedure for delivering poll cards to voters who are in health care (except out-patient), social care and guardianship institutions, military elements, arrest houses, remand prisons (detention facilities) and penal institutions shall be laid down in Articles 66, 67 and 68 of this Law.
- The delivery of a poll card shall be noted in a provisional polling district electoral roll. A poll card shall be handed either to a voter, who has the right to vote at home, personally or to any other person residing with the voter. If the poll card cannot be delivered because the voter or the person residing with him is not at home, a general invitation to come to vote may be put into a mailbox or handed to the voter’s neighbour who knows the voter and undertakes to give the poll card to the voter. The delivery of poll cards to voters must be finished at least 8 days before elections.
- The voter who has not received a poll card in due time or who has received a poll card with inaccuracies, must without delay inform thereof the district electoral commission on whose service territory he resides and produce his passport or any other identification document. If the voter has been entered on the electoral roll of this polling district, the district electoral commission must write out a new poll card to the voter and issue it to him immediately. If the voter has not been entered on the electoral roll of this polling district, but the voter’s home address according to the Residents’ Register’s data is assigned to the territory of this polling district or the voter produces other evidence that he resides within the territory of this polling district, the district electoral commission shall provide a request blank the form whereof is established by the Central Electoral Commission to be filled out by the voter to enter him on the electoral roll of this polling district (or a member of the district electoral commission shall himself fill out this request, the voter may submit this request electronically) and shall immediately inform the municipal electoral commission thereof, which must take care of entering the voter on the electoral roll of this polling district under the abovementioned request. The poll card shall be written out and delivered to the voter as soon as electoral rolls are updated. Article
- Updating Electoral Rolls before Drawing up Final Electoral Rolls
- Provisional electoral rolls shall be updated by transferring a voter from one electoral roll of a municipality or a polling district into another, deleting a voter from or entering him on the electoral roll of the Republic of Lithuania.
- The voter shall be transferred from one electoral roll into another if it becomes clear that the voter’s home address in the provisional electoral roll is incorrect or it has changed after the said roll was drawn up.
- Transferring of a voter from the electoral roll of one polling district into another within the same municipality shall be carried out by the municipal electoral commission which shall notify the Central Electoral Commission about the changes made in the electoral rolls of the polling districts. Transferring of a voter from the electoral roll of one municipality into the electoral roll of another municipality shall be executed by the Central Electoral Commission on the recommendation of the municipal electoral commission and the changes made shall be notified to the municipal electoral commissions. Only the Central Electoral Commission may enter a voter on or strike him from the electoral roll of the Republic of Lithuania in the cases provided for in Article 24 of this Law. Article
- Entering of Voters who are in Military Elements, Arrest Houses, Remand Prisons (Detention Facilities) and Penal Institutions on Electoral Rolls
- Voters performing the mandatory military service shall be entered on the electoral roll of the polling district on the territory of which they permanently resided before they have been called up for the mandatory military service.
- Voters performing the active military service, civil service or working under employment contracts in international military operations abroad shall be entered on the electoral rolls of the polling district on the territory of which they have declared their place of residence.
- Voters who are in arrest houses, remand prisons (detention facilities) or penal institutions shall be entered on the electoral rolls of the polling district on the territory of which they have declared their place of residence. If such a person has not declared his place of residence he, at his written request, shall be entered on the electoral roll of the polling district on the territory of which an arrest house, remand prison (detention facilities) or penal institution is situated. A person who declared his place of residence before he has been placed in an arrest house, remand prison (detention facilities) or penal institution may not be entered on the electoral roll of the polling district on the territory of which the arrest house, remand prison (detention facilities) or penal institution is situated. Article
- Updating Electoral Rolls upon Drawing up Final Electoral Rolls as well as on Polling Day
- If following the approval of the final electoral rolls, but no later than until 6pm on polling day, a district electoral commission is addressed by a voter who has not been entered on the electoral roll of that polling district and submits his passport, identity card or permit for permanent residence in the Republic of Lithuania and the document certifying the declared place of residence within the territory of that polling district, the district electoral commission shall enter the voter on the additional electoral roll of the polling district and allow him to vote according to the procedure established by the Central Electoral Commission, as well as immediately communicate the voter’s name, surname, personal number, the number of his passport or any other identification document, and his address to the municipal electoral commission. The municipal electoral commission shall check whether the voter has been entered on the municipal electoral roll and take measures to ensure that the voter would not be able to vote twice or the ballot papers filled by him would be counted only once. If the voter has voted twice, only the vote which was put in the ballot box of the polling district shall be counted. The other vote of the voter, received by post or cast according to the additional electoral roll of the polling district shall not be counted.
- On polling day a voter who has not yet voted may, in accordance with the procedure laid down by the Central Electoral Commission, vote in another polling district of his municipality, provided that all the polling districts of this municipality are connected through means of electronic communication to the electronic electoral roll and the district electoral commissions can confirm that the voter has not voted in any of the polling districts, and the electoral commission of the polling district on whose electoral roll the said voter is entered confirms that an entry has been made in the electoral roll of this polling district on the arrival of the said voter to vote at another polling district and the voter's vote, if received by post, will not be counted. Article
- Complaints about Electoral Rolls
- A voter or a representative for the election shall be entitled, at least seven days before elections, to lodge complaints with the district electoral commission concerning the errors made in the electoral roll due to which the voter has not been entered on the electoral roll in accordance with the procedure laid down by this Law or has been entered on several electoral rolls. The district electoral commission must consider the complaint and take a decision thereon either immediately or within two days of the receipt thereof, if more than ten days are left until polling day.
- A decision of the district electoral commission concerning the complaint referred to in paragraph 1 of this Article may within three days be appealed against to the respective regional administrative court. The court shall consider the complaint within two days. The decision of the court shall be final.
- Complaints and comments shall not be considered after the expiration of the term set for filing comments or complaints.
- District electoral commissions shall report to the municipal electoral commission about the received complaints and the changes made in the electoral rolls as a result of the court’s decision, and the municipal electoral commission shall report to the Central Electoral Commission as soon as possible but not later than within 12 hours. CHAPTER FIVE NOMINATION OF CANDIDATES Article
- Nomination of Candidates
- Candidates may be nominated by parties registered in compliance with the Law on Political Parties at least 185 days before elections and meeting the requirements set by the Law on Political Parties regarding the number of party members.
- A party shall nominate candidates by presenting a general list of candidates for municipal councillor in which the candidates are entered in the order established by the party. In total the candidates in the list of candidates submitted by the party cannot make up less than a half and more than twice of councillors to be elected in that municipality.
- Every person who meets the requirements established in Article 2 of this Law may nominated himself as a candidate, provided that his self-nomination is supported by signatures of not less than ten per cent of voters of that municipality when calculating for one mandate of municipal councillor, but at least 100 voters of that municipality. The number of signatures to be collected, which is fixed according to the results of the last election and rounded to the first two significant digits, shall be announced by the Central Electoral Commission at least 74 days before elections. Article
- Application Documents of Candidates for Municipal Councillor
- Submission of application documents of candidates shall commence 65 days before elections. The submission of the said documents shall end at 5 pm 34 days before elections.
- Upon the commencement of submission of application documents but not later than 40 days before elections, a party must submit to the Central Electoral Commission the following application documents: 1) an application for the participation in the election; 2) a copy of its registration document; it may also submit the party’s programme, election programme; 3) a list of municipalities in elections of councillors of which the party intends to nominate candidates; 4) the power of attorney for a representative for the election to represent the party in the Central Electoral Commission, as well as the power of attorney for a representative for the election to represent the party and the candidates nominated by it in municipal electoral commissions; 5) the document confirming the payment of the election deposit;
- If a party nominated candidates or lists of candidates in the last elections to the Seimas or municipal councils or to the European Parliament, it shall have the right to submit to the Central Electoral Commission a copy of the report on the funding of the respective political campaign.
- The party must file with the municipal electoral commission the following application documents: 1) a list of nominated candidates for municipal councillor signed by the representative for the election. The Central Electoral Commission shall set the form of such a list; 2) written consents of the nominated candidates to be nominated by this party in this constituency, a questionnaire for a candidate for municipal councillor filled in by the candidate himself, as well as the extracts containing the basic data from his personal income tax return and property declaration submitted to the State Tax Inspectorate, which are approved by the respective tax inspectorate, as well as his declaration of private interests and a pledge of the form set by the Central Electoral Commission to comply with the prohibition against bribing voters and persons eligible to vote. The data of the candidate’s declaration of private interests shall be submitted by the municipal electoral commission to the Central Electoral Commission not later than within 5 days in accordance with the procedure laid down by the latter; 3) the certificate issued by the Central Electoral Commission concerning the registration of the party, nominating lists of candidates, for the participation in the election to the council of this municipality as well as the certificate concerning the registration of this party as an independent participant of political campaign; 4) the certificate issued by the Central Electoral Commission concerning the registration of the list of candidates for municipal councillor as an independent participant of political campaign or the certificate indicating that the application (request) to register this list as an independent participant of political campaign has not been submitted.
- Upon the commencement of submission of application documents but not later than 45 days before elections, a person who has decided to nominate himself as a candidate for municipal councillor (hereinafter referred to as a "potential candidate") must submit to the Central Electoral Commission the following application documents: 1) an application regarding his self-nomination as a candidate; 2) a questionnaire for a candidate for municipal councillor filled in by the candidate himself, the extracts containing the basic data from his personal income tax return and property declaration submitted to the State Tax Inspectorate, which are approved by the respective tax inspectorate, as well as his declaration of private interests and a pledge of the form set by the Central Electoral Commission to comply with the prohibition against bribing voters and persons eligible to vote. The data of the candidate’s declaration of private interests shall be submitted by the municipal electoral commission to the Central Electoral Commission not later than within 5 days in accordance with the procedure laid down by the latter; 3) the document confirming the payment of the election deposit; 4) the certificate issued by the Central Electoral Commission concerning the registration of the candidate for municipal councillor as an independent participant of political campaign.
- In addition to the application documents referred to in paragraph 5 of this Article, a potential candidate may submit a power of attorney to represent him in the Central Electoral Commission and the electoral commission of that municipality, as well as his election programme.
- The municipal electoral commission shall, within three days from the receipt of the documents specified in paragraph 5 of this Article, register a person as a potential candidate and shall hand out voter signature collection forms. A voter signature collection form must contain the following text and a table for voter’s particulars: I, a voter of ..……………………… municipality confirm my support for (name of a municipality) the self-nomination of ………………. as a candidate for municipal councillor: (name, surname) No Voter’s surname, name Number of voter’s identity card, passport or document confirming the right of permanent residence in the Republic of Lithuania Voter’s date of birth Voter’s home address Voter’s signature Date of signing “.
- The name and surname of a person who has collected signatures of voters, the number of his passport or identity card or document confirming the right of permanent residence in the Republic of Lithuania, home address, signature and the date of signing must be indicated at the bottom of the voter signature collection form.
- Having received voter signature collection forms a potential candidate shall have the right to make relevant announcements through the mass media and to organise collection of voters’ signatures. A potential candidate himself or any other voter under his instruction shall have the right to collect voters’ signatures. A person collecting voters’ signatures may collect signatures only for one potential candidate. A voter himself shall put his name, surname and signature in the voter signature collection form; other particulars and the date of signing may be entered by the person who collects voters’ signatures. If a voter cannot enter his particulars and sign the form because of his disability, another voter (except for the person collecting signatures) shall carry out these actions at his request. This fact must be indicated by an appropriate inscription on the voter signature collection form and attested by the signature of the person who collected voters’ signatures. When collecting signatures of voters, it shall be prohibited to bribe voters, to reward or to promise any reward for signing, to use psychological or any other violence or otherwise induce any voter to sign or refrain from signing in the voter signature collection form. If not more than 41 days before elections the number of voters’ signatures fixed by this Law has not been collected, the collection of signatures shall be terminated and a potential candidate must, at least 40 days before elections, return the voter signature collection forms (including the unused forms) to the municipal electoral commission. The municipal electoral commission shall sign an act of return of the voter signature collection forms. The said act shall also be signed by the potential candidate.
- Having received the voter signature collection forms the municipal electoral commission shall, not later than within six days, inspect them and count the signatures of the municipal voters who supported the self-nomination of this candidate. The signatures of persons who are not eligible to vote, voters who are not entered on the electoral roll of that municipality, voters who have not written down all the particulars established by this Law or who have written down inaccurate particulars, as well as all the signatures of voters who have signed more than once in support of the same candidate shall not be counted.
- If the voter signature collection forms contain the number of signatures of the constituency voters as set by this Law, the municipal electoral commission shall recommend the potential candidate to the Central Electoral Commission to be registered as a candidate for municipal councillor. If it is established that the voters’ signatures have been forged or that the voter’s will has been influenced or the procedure for collecting signatures has been violated otherwise during signature collection, the municipal electoral commission shall recommend the Central Electoral Commission not to register the potential candidate as a candidate.
- In the questionnaire for a candidate for municipal councillor a person who is nominated as a candidate for municipal councillor or has nominated himself as a candidate for municipal councillor must himself fill in the following data: name, surname, number of the passport or any other identification document or the document confirming the right of permanent residence in the Republic of Lithuania, personal number, date of birth, home address, whether or not he has a court-imposed conviction which has not expired, whether or not he is a person who is in the active service or alternative national defence service, whether or not he is a serviceman of the professional military service who has been transferred to the reserve or has retired from the service, whether or not he is an officer of a statutory institution or establishment whose right of participation in political activities is restricted under special laws or statutes, whether or not he holds office incompatible with the office of municipal councillor, and whether or not he is a member of the elective administration body of another state, and sign. If a candidate for municipal councillor is a citizen of another state, he must also indicate whether his passive voting right has not been restricted in the state of which he is a citizen. The questionnaire for a candidate for municipal councillor may also include other additional questions established by the Central Electoral Commission, which may be left unanswered.
- In the questionnaire for a candidate for municipal councillor a person who is nominated as a candidate for municipal councillor or has nominated himself as a candidate for municipal councillor must, besides the information set in paragraph 12 of this Article, indicate if he, under the conviction (decision) of the court of the Republic of Lithuania or a foreign state which became effective after 11 March 1990, was found guilty for committing a criminal act or, under the effective decision of the court of the Republic of Lithuania or a foreign state, was ever found guilty of committing a serious or grave crime, regardless of the fact whether the conviction has expired or has been expunged. When furnishing the abovementioned information, the person must indicate in the questionnaire for a candidate for municipal councillor the state (place) of adoption of the conviction (decision), the name of the institution which adopted the said conviction (decision), the date of the adoption of the conviction (decision) as well as the criminal act for the committing of which the person was sentenced. It shall not be necessary to specify the information referred to in this paragraph, if the person was found guilty by the occupation regime’s court of a crime against the state. When providing the information referred to in this paragraph, the questionnaire of a candidate for municipal councillor shall also specify that the person was found guilty by the decision of the court of the criminal act which has been later decriminalized or that the person was found guilty by a foreign state’s court of the act which is not considered to be a crime under the law of the Republic of Lithuania or the prosecution for which is considered to be political persecution.
- Application documents may be filed with electoral commissions by electronic means. Voters may also support the self-nomination of a candidate with their signatures by electronic means in accordance with the procedure laid down by the Central Electoral Commission. Article
- Registration of Candidates
- Upon the commencement of registration of candidates, at the request of the Central Electoral Commission, the Ministry of Justice shall within one day inform in writing which parties are registered, the number of members of which parties meets the statutory requirements, and the activities of which parties have been suspended or terminated.
- Upon receiving the application documents of a party, the Central Electoral Commission must not later than the next working day apply to the Ministry of Justice regarding confirmation of the fact of the registration of the party. The Ministry of Justice must within two days reply in writing to the Central Electoral Commission. Having inspected the application documents and determined their compliance with the requirements of this Law, the Central Electoral Commission shall, within seven days following the receipt of the application documents, issue to the representative for the election of the party nominating lists of candidates a certificate concerning the registration of the party nominating lists of candidates to participate in the election.
- While inspecting the application documents filled in by a candidate, the municipal electoral commission shall determine whether or not the candidate meets the requirements of Article 2 of this Law. Where necessary, the Central Electoral Commission may refer to the Ministries of Foreign Affairs, the Interior, Justice, the Register of Legal Entities or other state institutions asking to provide with any data relevant to the registration of the candidate. Such a request of the Central Electoral Commission must be considered as a matter of extreme urgency, and a written reply must be given within seven days, but not later than 32 days before elections.
- After the municipal electoral commission has inspected the submitted application documents and determined that they meet the requirements of this Law, it must adopt a decision concerning the registration of a candidate within 10 days following the submission of the application documents, but at least 31 days before elections.
- If the application documents are incorrect, the electoral commission must immediately inform the appropriate representative for the election thereof.
- If following the registration of a candidate the Central Electoral Commission establishes that the candidate concerned does not meet the requirements laid down in Article 2 of this Law, or if the candidate refuses to submit the documents or a pledge to comply with the prohibition against bribing voters and persons eligible to vote referred to in subparagraph 2 of paragraph 4 or subparagraph 2 of paragraph 5 of Article 35 of this Law, or he submits inaccurate documents or pledge, or fails to submit them within the time limit set by the Central Electoral Commission, or if a party, a candidate has grossly violated the provisions of paragraph 1 of Article 6 of this Law, the Central Electoral Commission shall respectively cancel the registration of the candidate concerned or revoke the announcement of the list (joint list) of candidates of that political party.
- If a person who is nominated as a candidate for municipal councillor or nominated himself as a candidate for municipal councillor has failed to meet the requirements set out in paragraph 13 of Article 35 of this Law (has not provided the information specified in this Law or has provided the erroneous information), the electoral commission shall not register him as a candidate for municipal councillor; in the case the electoral commission has already registered such a person as a candidate, the Central Electoral Commission shall immediately cancel the registration of this person as a member for municipal councillor.
- If a candidate for municipal councillor has justly specified in the questionnaire the information set out in paragraph 13 of Article 35 of this Law, a poster of a candidate or a poster with a list of candidates issued by the electoral commission must contain the following note next to the surname of the candidate concerned: “Has been found guilty of the criminal act by the court’s conviction "; such a note shall not be obligatory if the candidate for municipal councillor has provided in the questionnaire the information that he was found guilty by the occupation regime’s court of the crime against the state or he has justly indicated that he was found guilty by the decision of the court of the criminal act which was later decriminalized or when the person was found guilty by a foreign state’s court of the act which is not considered to be a crime under the law of the Republic of Lithuania, or the prosecution for which is considered to be political persecution. Article
- Representatives for the Election
- Upon announcing the date of elections to municipal councils, the Central Electoral Commission may start accepting powers of attorney of the parties to represent them in electoral commissions on the next day following the formation of an appropriate electoral commission. The power of attorney to represent them in an electoral commission may be submitted by self-nominated candidates, self-nominated candidates who have joined together to form a list of candidates to the Central Electoral Commission on the next day following the submission of application documents or the formation of a joint list of candidates respectively. The Central Electoral Commission shall not later than within three days register the power of attorney of a representative for the election and shall issue a certificate of the representative for the election to him. The validity of the power of attorney for the representative for the election and the certificate of the representative for the election shall expire after the lapse of 20 days following the proclamation of the final results of the election.
- The representative for the election shall represent the party or a self-nominated candidate on all issues in the Central Electoral Commission or the municipal electoral commission. The representative for the election shall attend meetings of an electoral commission in an advisory capacity and with the right to express a separate opinion on all issues under consideration. The representative for the election shall have all the rights of the electoral observer within the territory of the municipality in the electoral commission whereof he is authorised to represent.
- If a party, a self-nominated candidate revokes the power of attorney for his representative for the election before polling day, the Central Electoral Commission must be immediately notified thereof. The latter shall immediately cancel the registration of the power of attorney for the representative for the election and revoke the validity of the certificate of the representative for the election. The provisions of this Law shall apply to the assignment of another representative for the election, the registration of a power of attorney for this representative and the issuing of a certificate of the representative for the election to him. Article
- Election Deposit
- The election deposit for registering a self-nominated candidate, a list of candidates nominated by one party in one municipality shall be equal to the amount of the most recently announced average monthly earnings of employees of the whole economy (hereinafter referred to as “AMEs”).
- The election deposit for changing the place of one candidate on the list of candidates, entering a new candidate on the list of candidates shall be in the amount of 0.5 AMEs; the election deposit for a self-nominated candidate to join together with other self-nominated candidates to form a joint list, for joining lists of candidates nominated by the party shall be in the amount of 0.3 AMEs for each list which is being joined or for every self-nominated candidate.
- Election deposits for registration of a list of candidates shall be doubled for that party which at the last election to the Seimas or municipal councils or the last election to the European Parliament nominated candidates or the list (lists) of candidates and did not submit a report on the sources and the use of funds for election campaigning to be published in the press according to the procedure laid down by the law.
- Upon the expiration of the period of political campaign, the Central Electoral Commission shall return the election deposits to the parties or the self-nominated candidates who paid them, provided that the reports on the funding of their political campaign are submitted.
- Where the registration of a candidate is cancelled or the announcement of the party's list (joint list) of candidates is revoked on the grounds referred to in paragraph 6 of Article 36 of this Law or where the list (joint list) of candidates is not registered because of the belatedly submitted application documents, the election deposit shall not be returned.
- The election deposits which are not to be returned shall be transferred by the Central Electoral Commission to the State budget. Article
- Prohibition for One Person to Stand as a Candidate in Several Lists of Candidates
- Every candidate nominated by a party may be entered only on one list of candidates. Self-nominated candidates may join together to form lists of self-nominated candidates. A self-nominated candidate may be only on one joint list of self-nominated candidates.
- A candidate who has been entered on a list of candidates of more than one party, or who has been nominated by a party and has nominated himself as a candidate, or who has been entered on more than one joint list of candidates of parties or more than one joint list of self-nominated candidates must choose in which list of candidates he will participate in an election or choose to participate in an election as a self-nominated candidate, and not later than within three days notify the Central Electoral Commission in writing thereof. The Central Electoral Commission shall, within five days but not later than 35 days before the election, update lists of candidates according to the notifications submitted in accordance with the procedure laid down by this paragraph. If a candidate fails to fulfil the obligation set in this paragraph, the Central Electoral Commission shall exclude him from candidates. Article
- Joint Lists of Candidates. Joining of Self-nominated Candidates Together to Form Lists
- At least 35 days before the election, parties may form coalitions and join the lists of nominated candidates to make a joint list of candidates in which candidates are enlisted in accordance with a newly established succession. Candidates in the joint list of candidates of parties cannot make up less than a half and more than twice of municipal councillors to be elected. The name of a coalition of parties must include the word “coalition” and it cannot contain any references to the names of parties which do not join this coalition or the names of self-nominated candidates. A joint list of candidates of parties shall be considered to be a single list. In one municipality the same party may not participate in more than one coalition.
- Self-nominated candidates may join together to form joint lists of self-nominated candidates. Not less than two self-nominated candidates may form a joint list of self-nominated candidates, and a self-nominated candidate may be entered only on one joint list.
- In order to form a joint list of candidates of parties or for self-nominated candidates to join together to form a joint list of self-nominated candidates the appropriate representatives for the election must submit to a municipal electoral commission an application concerning the joining of the lists of candidates nominated by parties or an application concerning the joining of self-nominated candidates together to form a joint list of self-nominated candidates. An application of the parties’ representatives for the election concerning the joining of the lists of candidates nominated by parties shall specify the name of the coalition of the parties, and the election number of which participant in the coalition is chosen to be the election number of the coalition. The application concerning the joining of the lists of candidates nominated by parties shall be accompanied by a joint list of candidates of the parties and the document confirming the payment of the election deposit fixed in Article 38 of this Law. An application of self-nominated candidates’ representatives for the election concerning the joining of self-nominated candidates together to form a joint list of nominated candidates shall enlist the self-nominated candidates in the order which they themselves determine by mutual agreement, as well as the name of such a joint list. The name of a joint list of self-nominated candidates must include the word “coalition” and it cannot contain any references to the names of parties or the names of self-nominated candidates who are not included in the said list. Article
- Withdrawing and Supplementing Application Documents
- A party, a cross-party coalition, a candidate shall have the right to withdraw all its (his) application documents or a part thereof not later than 25 days before the election. The party or the cross-party coalition must notify the Central Electoral Commission thereof by a statement, while the candidate must notify the Central Electoral Commission thereof by a notarised statement; the relevant representatives for the election in the Central Electoral Commission shall be also informed thereof. When changing the order of candidates on the list of candidates or when nominating new candidates new application documents may be submitted by the end of the time limit set by this Law for the submission of application documents.
- If the application documents are withdrawn by a self-nominated candidate who is entered on the joint list of self-nominated candidates, or by a party participating in the coalition, the self-nominated candidate shall be struck off the joint list of self-nominated candidates, while the candidates nominated by the party participating in the coalition shall be struck off the joint list of candidates of parties; if the name of the coalition contains the reference to the name of that party, the name of the coalition shall be changed. The self-nominated candidate, the party – participant in the coalition must notify in writing the relevant representatives for the election in the Central Electoral Commission about the withdrawal of their application documents. If upon the withdrawal of the application documents there is only one candidate on the joint list of self-nominated candidates or there are candidates nominated by only one party on the joint list of candidates of parties, they shall participate in the election only as candidates of this party or as a self-nominated candidate.
- If upon the withdrawal of the application documents or the cancellation of the registration of candidates in the list of candidates of a party or in the joint list of candidates of parties the remaining number of candidates is less than a half of municipal councillors to be elected in that municipality, the registration of all the candidates on this list shall be cancelled. Article
- Announcement of Candidates and Lists of Candidates. Beginning of Election Campaigning Election Numbers
- At least 30 days before the election, the Central Electoral Commission shall announce lists of parties, joint lists of cross-party coalitions, lists of self-nominated candidates, and joint lists of self-nominated candidates participating in the election in each municipality, election numbers determined for parties by lot, election numbers reserved by lot for self-nominated candidates, lists of candidates and candidates.
- Election numbers of parties shall be the same in all the municipalities. Municipal electoral commissions shall, in accordance with the procedure laid down by the Central Electoral Commission, determine by lot the concrete election numbers of self-nominated candidates from the election numbers reserved for self-nominated candidates. The number of a joint list of candidates of parties shall be chosen by the parties participating in the coalition by mutual agreement from the election numbers determined for them. If the participants in the coalition fail to choose an election number, the Central Electoral Commission shall assign to a joint list of candidates of parties the smallest number from the numbers determined for the participants in the coalition.
- At the time set in paragraph 1 of this Article, a municipal electoral commission shall give to an appropriate representative for the election certificates of candidates for municipal councillor with the election numbers of candidates written down in them. At the moment of its assignment the election number of a candidate who is on the list of candidates shall coincide with the candidate’s number on the list (joint list) of nominated candidates. The candidate’s election number shall not be changed until the proclamation of the final election result.
- At least 18 days before the election, the municipal electoral commission shall announce lists of self-nominated candidates, joint lists of self-nominated candidates, lists (joint lists) of candidates of parties which participate in the election, as well as the election numbers of candidates. CHAPTER SIX GUARANTEES OF CANDIDATES FOR MUNICIPAL COUNCILLOR Article
- Right of Candidates to Speak at Meetings, to Use the Mass Media
- After the announcement by the Central Electoral Commission of lists of candidates as well as candidates, candidates in constituencies shall enjoy the equal right to speak at voters' meetings or any other meetings, gatherings, conferences as well as through the mass media, and to announce their election programme or the election programme of the party which has nominated them.
- Heads of state, municipal institutions and agencies must help candidates to organise meetings with voters and to receive necessary information, except for information the disclosure of which is restricted under laws and other legal acts. Article
- Liability for Violation of this Law Persons who by force, threat, deception, bribery or otherwise prevent voters from implementing the right to vote, to organise and carry out election campaigning or who have violated the election campaigning procedure, announced or otherwise disseminated false data about a candidate or prevented a candidate from meeting with voters, or who have otherwise violated this Law, as well as members of electoral commissions or other officials who have falsified, damaged, destroyed, stolen or hidden election documents, made incorrect vote counts, violated the secrecy of voting or otherwise violated this Law, shall be held liable under laws of the Republic of Lithuania. Article
- Candidates’ Leave
- After the announcement by the Central Electoral Commission of lists of candidates as well as candidates, a candidate shall, at his written request, be released from work or official duties for a period not exceeding 30 days. A request to be released from work or official duties shall be submitted to the person who has the right to grant leave.
- The provisions of paragraph 1 of this Article shall not apply to a candidate who is the President of the Republic or a Seimas member. The procedure for releasing a candidate who is a member of the Government from official duties shall be laid down in the Law on the Government. Article
- Immunity of Candidates
- After the announcement by the Central Electoral Commission of lists of candidates as well as candidates and until the final election results become effective, a candidate may not be prosecuted, arrested, his freedom may not be restricted in any other way without the consent of the Central Electoral Commission.
- The provisions of paragraph 1 of this Article shall not apply to a candidate who is a Seimas member or a member of the Government. An issue of the immunity of such persons during the election campaign shall be resolved in accordance with the procedure laid down by the Constitution and laws. CHAPTER SEVEN ELECTION CAMPAIGNING Article
- Basic Principles of Election Campaigning
- The provisions of this Law regulating the election campaigning shall apply from the announcement of the election date. Election campaigning expenses and political advertising expenses must be declared in accordance with the procedure laid down by the law and must not exceed the maximum permissible amount of political campaign expenses fixed by the law.
- Election campaigning may be conducted in any form or manner, except for those which violate the Constitution and laws, conflict with the morals, justice or society’s cohesiveness, contravene fair and respectable elections.
- Requirements for the marking of political campaign shall be laid down in laws; the procedure for marking the political campaign shall be laid down by the Central Electoral Commission. Article
- Conditions and Procedure for the Use of the Mass Media
- After the announcement by the Central Electoral Commission of lists of candidates as well as candidates, candidates shall be granted the right to use the national mass media free of charge.
- The rules for preparing programs intended for election campaigning shall be approved and the actual duration and time of the National Radio and Television of Lithuania programs shall be set by the Central Electoral Commission after consultation with the head of the National Radio and Television of Lithuania. This Commission shall distribute the time of programmes in such a manner that the principles of equality of candidates and lists of candidates are preserved.
- Debates of candidates over the radio and television shall be financed with state budget funds from the appropriations allocated for the Central Electoral Commission.
- The Central Electoral Commission shall: 1) in accordance with the procedure laid down by the law, choose producers and broadcasters of debate programmes; 2) approve the rules on producing debates.
- Groups of independent participants of political campaign taking part in debates (consisting of two and more persons) shall be set up by mutual agreement and in the event of failure to reach mutual agreement – by lot.
- All broadcasters shall have the right to produce, on their own initiative, debate programmes in compliance with the provisions of paragraph 2 of Article 18 of the Law on Funding of Political Parties and Political Campaigns, and its Control. Other terms and conditions provided for in this Article shall not apply to the said broadcasters.
- The election programme of a self-nominated candidate, a list of candidates shall, within 20 days after its submission, be published by the municipal electoral commission in accordance with the procedure laid down by the Central Electoral Commission. An election programme which was submitted to the municipal electoral commission belatedly and therefore has not been published may not be published during the period of prohibition of election campaigning as well as after the election.
- The procedure for printing election programmes shall be established by the Central Electoral Commission. The election programme of a list of candidates shall not be announced after polling day and during the period of prohibition of election campaigning.
- For the purpose of this Law, outdoor political advertising shall mean political advertising communicated to the public through audio or visual media. Outdoor political advertising shall also be political advertising which is announced in public areas, buildings, vehicles.
- It shall be prohibited to display outdoor political advertising: 1) on buildings occupied by state administration, law-enforcement and other state and municipal institutions and establishments; 2) inside or outside vehicles belonging to state or municipal enterprises; 3) on motorways and in their sanitary protection areas, as well as in and alongside streets if it might obstruct technical traffic regulation means and road signs, reduce visibility, blind traffic participants, distract their attention, thereby posing danger to traffic participants, and it is also prohibited to use advertising that imitates road signs; 4) on sculptures and monuments; 5) within 50 metres around the building which houses a polling station; 6) without permission of the owner of the land, construction works or other structures on or in which it is displayed; 7) in places other than those provided for in accordance with the procedure laid down in paragraph 11 of this Article.
- Outdoor political advertising in protected areas and immovable cultural properties, as well as in their territories shall be permitted only upon agreement with a state agency responsible for the protection of cultural properties and an agency authorised by the founder of the protected area.
- A person who displayed outdoor political advertising shall have an obligation to remove outdoor political advertising before the beginning of the period established by the law when election campaigning is prohibited.
- Persons who have violated the requirements for displaying outdoor political advertising as well as the requirements of the election campaigning procedure shall be held liable under the law.
- All disputes concerning election campaigning and the communication of political advertising shall be settled by the Central Electoral Commission in compliance with this Law. Article
- Release of Material Compromising a Candidate and the Candidate’s Countering Opinion
- If, after the announcement by the Central Electoral Commission of lists of candidates as well as candidates, the mass media publicise any material compromising a candidate (at the latest, such data may be publicised 5 days before the election in a means of mass media which is issued more than three times a week, or 10 days before the election in other means of mass media, but in all cases any material compromising a candidate may be publicised not later than in the next-to-last issue of a means of mass media before the election), it must provide the candidate with a possibility of expressing a countering opinion. The countering opinion of the candidate shall consist of a short exposition of the released compromising material and the candidate’s response. In general, the extent of the candidate’s countering opinion may not exceed the volume of the compromising material more than three times. The means of mass media must publicise the candidate’s countering opinion within seven days after it has been expressed, but not later than two days before the beginning of the prohibition of election campaigning. If the means of mass media cannot announce the countering opinion itself during the time limit set by this Law, it must make arrangements to publicise the candidate’s countering opinion at its own expense in another means of mass media.
- Any material which is intended to induce voters not to vote for a particular candidate and which communicates negative news about that candidate shall be considered as material compromising the candidate. An opinion about a candidate announced in the mass media (unlike hard news, an opinion shall not be subject to the criteria of truth), including a negative opinion, shall not be considered as compromising material and shall not entitle the candidate to demand announcing a countering opinion. The request of the candidate to publish his countering opinion may also be refused in cases where: the released material does not concern the candidate personally; the released material about the candidate is not compromising; the compromising material about the candidate is released by him, or by another candidate who is nominated on the same list of candidates or by the same party, or by a self-nominated candidate; the released material contains no information describing the candidate; the candidate has already exercised the right to a countering opinion.
- If the candidate has submitted the countering opinion to the means of mass media in due time, but it has not been announced, the candidate’s countering opinion shall, by the decision of the Central Electoral Commission, be broadcast on the Lithuanian National Radio or Television and shall be paid for at the rates of advertising fees. In this event, the means of mass media must pay the Central Electoral Commission two times the amount of the broadcast costs.
- If the compromising material about the candidate was released during the period of prohibition as set out under this Law, the candidate’s countering opinion shall, by the decision of the Central Electoral Commission, be broadcast on the Lithuanian National Radio or Television and shall be paid for at the rates of advertising fees. In this event, the means of mass media must pay the Central Electoral Commission three times the amount of the broadcast costs.
- In any case a countering opinion shall not be announced during the period when election campaigning is prohibited. Announcement of a countering opinion shall not exempt the means of mass media from liability under laws of the Republic of Lithuania.
- When the candidate’s countering opinion is broadcast on the decision of the Central Electoral Commission, the broadcast costs set by this Law shall be recovered without litigation from that means of mass media which has released the material compromising the candidate during the period of prohibition as set out under this Law or which has failed to announce the candidate’s countering opinion in due time. Article
- Release of Material Compromising a Party which has Nominated Lists of Candidates, and the Countering Opinion
- If, after the announcement by the Central Electoral Commission of lists of candidates as well as candidates, the mass media publicise any material compromising a party which has nominated lists of candidates (at the latest, such data may be publicised 5 days before the election in a means of mass media which is issued more than three times a week, or 10 days before the election in other means of mass media, but in all cases any material compromising a party which has nominated lists of candidates may be publicised not later than in the next-to-last issue of a means of mass media before the election), it must provide the party (one of its branches) with a possibility of expressing a countering opinion. The countering opinion shall consist of a short exposition of the released compromising material and the response. In general, the extent of the countering opinion may not exceed the volume of the compromising material more than three times. The means of mass media must publish the countering opinion within seven days after it has been expressed, but not later than two days before the beginning of the prohibition of election campaigning. If the means of mass media cannot announce the countering opinion itself during the time limit set by this Law, it must make arrangements to publicise the countering opinion at its own expense in another means of mass media.
- Any material which is intended to induce voters not to vote for candidates nominated by a particular party and which communicates negative news about that party (its branch) shall be considered as material compromising the party. An opinion about a party announced in the mass media (unlike hard news, an opinion shall not be subject to the criteria of truth), including a negative opinion, shall not be considered as compromising material and shall not entitle the party to demand announcing a countering opinion. The request to announce a countering opinion may also be refused in cases where: the released material does not concern the party; the released material is not compromising; the compromising material about the party is released by a candidate nominated by the party; the material contains no information describing the party; the party (its branch) has already exercised the right to a countering opinion.
- The party shall give its countering opinion to the means of mass media through its representative for the election in the Central Electoral Commission or through its representative for the election in the municipal electoral commission. If the representative for the election has submitted the countering opinion to the means of mass media in due time, but it has not been publicised, the countering opinion shall, by the decision of the Central Electoral Commission, be broadcast on the Lithuanian National Radio or Television and shall be paid for at the rates of advertising fees. In this event, the means of mass media must pay the Central Electoral Commission two times the amount of the broadcast costs.
- If the compromising material about the party which has nominated a list of candidates was released during the period of prohibition as set out under this Law, the countering opinion shall, by the decision of the Central Electoral Commission, be broadcast on the Lithuanian National Radio or Television and shall be paid for at the rates of advertising fees. In this event, the means of mass media must pay the Central Electoral Commission three times the amount of the broadcast costs.
- In any case a countering opinion shall not be announced during the period when election campaigning is prohibited. Announcement of a countering opinion shall not exempt the means of mass media from liability under laws of the Republic of Lithuania.
- When the countering opinion is broadcast on the decision of the Central Electoral Commission, the broadcast costs set by this Law shall be recovered without litigation from that means of mass media which has released the material compromising the party which has nominated a list of candidates during the period of prohibition as set out under this Law or which has failed to announce the countering opinion in due time. Article
- Prohibition to Take Advantage of one’s Official Position for Election Campaigning
- Anyone shall be prohibited from taking advantage of his official position in state or municipal institutions, agencies or organisations, as well as in the Lithuanian National Radio and Television, regional broadcasters or municipal mass media for carrying out election campaigning or from instructing other persons to do so, or from trying to influence the will of voters in any other manner by taking advantage of his official position. State and municipal officials and civil servants shall be prohibited from using their official position in creating exceptional election campaigning conditions for themselves or their party. Persons who violate this Article shall be held liable in accordance with the procedure laid down by the law.
- A person who holds office in state, municipal institutions or agencies and simultaneously is a candidate may speak on the Lithuanian National Radio and Television, the regional broadcaster or the municipal mass media in the course of election campaigning only in accordance with the procedure laid down in Article 48 of this Law. If the official duties of a candidate require him announcing important news through the mass media, he may do so only at a press conference. The Lithuanian National Radio and Television, regional broadcasters or municipal mass media may publicise only the record of this conference, provided it does not contain election campaigning elements. Article
- Funding of Political Campaigning of Elections to Municipal Councils Funding of political campaigning of elections to municipal councils and control of such funding shall be regulated by the Law on Funding of Political Parties and Political Campaigns, and its Control. Article
- Prohibition of Election Campaigning on Polling Day
- Campaigning, regardless of its methods, forms and measures, shall be prohibited for the last 30 hours before the election and on polling day until the close of poll, with the exception of permanent visual campaigning material in the designated places, provided that it was displayed at least 48 hours before the beginning of the election. During the period of prohibition of election campaigning no visual campaigning material (with the exception of those issued by the Central Electoral Commission) may be displayed in a polling station or within 50 meters of the building which houses a polling station.
- Information about the course of elections, its importance for the life of the country, the number of voters who have come to vote, the documents required to vote, invitation to come to vote or any other information which does not instigate non-participation in the election, vote for or against a candidate or a list of candidates, shall not be regarded as election campaigning.
- Persons who violate the provisions of paragraph 1 of this Article shall be held liable under the law. CHAPTER EIGHT PREPARATORY ACTIVITIES OF THE ORGANISATION OF ELECTIONS Article
- Establishment of Sample Election Document The Central Electoral Commission shall establish the samples and forms of poll cards, a questionnaire of a candidate for municipal councillor (hereinafter referred to as a "candidate questionnaire”), certificates of a representative for the election and an electoral observer, lists of candidates, posters with particulars of a candidate (candidates), ballot papers (as well as ballot papers for early voting), ballot paper envelopes and postal vote covering envelopes, blanks, other documents and seals used in elections, as well as the samples for filling them out. Article
- Ballot Papers
- Each voter shall be handed one ballot paper.
- The ballot paper must contain the following: 1) printed instructions for the voter how to fill in a ballot paper, and special spaces in the ballot paper for expressing the voter's will; 2) by allotting an equal space for each list of candidates and for each self-nominated candidate in one part of the ballot paper, the election numbers of lists of candidates, self-nominated candidates, names of parties or coalitions of parties, the name and surname of a self-nominated candidate, which are printed using the uniform-type font and arranged according to the assigned numbers in an increasing order. The name and surname of the first candidate entered on the list shall be written down next to the name of the party, coalition of parties, the joint list of self-nominated candidates. The words “Self-nominated candidate” shall be written down by the self-nominated candidate. The font size of entries shall be selected so as to be best fitted for filling the space for entries; 3) five special boxes in the other part of the ballot paper intended for a voter, who votes for a particular list of candidates, to put down the election numbers of chosen candidates. If there are five candidates on the list of candidates for which a voter casts his vote, the voter shall fill in not more than four boxes; if there are four candidates – three boxes; if there are three candidates – two boxes; if there are two candidates – one box. Article
- Delivery of Ballot Papers and Postal Vote Covering Envelopes
- Municipal electoral commissions shall deliver ballot papers and postal vote covering envelopes to central post offices at least two days before the beginning of postal voting, ballot papers to polling districts – at least 12 hours before the opening of the poll.
- The Central Electoral Commission shall ensure the publishing of ballot papers and postal vote covering envelopes and be responsible for keeping records and delivery thereof within the time limit fixed in this Article. Article
- Preparation of Polling Stations
- The polling station of a polling district must be prepared for the election not later than 12 hours before the opening of the poll. By the prescribed time the district electoral commission should have all the ballot papers, received from the municipal electoral commission, counted and their acceptance act drawn up. In the polling station of a polling district there must be a ballot box, a polling booth (booths) where a voter could fill out ballot papers in private. A secret voting booth must contain the information for voters, issued by the Central Electoral Commission, concerning the completion of ballot papers as well as the lists of candidates of the parties, the joint lists of candidates of the parties, the lists of self-nominated candidates, and the joint lists of self-nominated candidates with candidates' election numbers specified. The lists displayed in the polling booth must also be posted in the polling station; the election campaigning or voter information material issued by the Central Electoral Commission may be displayed in the polling station as well. Working places for electoral commission members and places for electoral observers must be arranged in each polling district; the text of this Law must also be available in each polling district. Any election campaigning material or any other voter information material other than the material issued by the Central Electoral Commission must be removed from the polling station, passageways leading to or out of it (corridors) and within 50 metres of the building which houses the polling station. Upon the arrangement of the polling station, it shall be closed, sealed, left under the police protection and the chairman of the district electoral commission shall inform the municipal electoral commission thereof.
- The chairman of the district electoral commission shall be responsible for arranging the polling station of the polling district. If the municipality does not allocate suitable premises for establishing a polling station or fails to supply polling stationary and equipment, the chairman of the district electoral commission must immediately inform the municipal electoral commission thereof and take measures to choose a suitable polling station and to acquire appropriate polling stationary and equipment pursuant to Article 9 of this Law.
- Other requirements for the arrangement of polling stations shall be established by the Central Electoral Commission. Article
- Electoral Observers
- Parties, self-nominated candidates as well as representative for the election shall have the right to appoint electoral observers. A certificate of the form set by the Central Electoral Commission shall confirm the status of electoral observer. The electoral observer certificate shall be issued by: 1) the Central Electoral Commission – to observe elections within the entire territory of the Republic of Lithuania or only in particular municipalities, polling districts on the recommendation of the Minister of Foreign Affairs, the President of the Republic, at the request of individuals representing foreign states or international institutions, as well as at its own discretion; 2) a municipal electoral commission – to observe elections within the entire territory of the respective municipality, in one or several polling districts to persons at the request of a party (its branch), a self-nominated candidate or a representative for the election; the said request must indicate the person’s name, surname, personal number, the name of the polling district.
- Electoral observer certificates shall be issued by the chairman of the electoral commission or, on his instruction, any other member of the electoral commission. It shall not be allowed to refuse an electoral observer certificate or delay its issuance, if the person concerned meets the requirements of this Law. Refusal to issue an electoral observer certificate must be reported at the next electoral commission meeting and communicated to the respective representative for the election.
- An electoral observer shall have the right to observe elections conducted within the territory of that municipality or polling district which is indicated in his certificate. An electoral observer shall be entitled to demand that the chairman and members of the electoral commission, as well as persons who are present in the polling station adhere to this and other laws of the Republic of Lithuania. If an electoral observer violates this or other laws, his electoral observer certificate may be declared invalid by the decision of the chairman of the municipal electoral commission. The members of the electoral commission, the Central Electoral Commission, the respective party, self-nominated candidate and representative for the election shall be immediately notified of the said decision. CHAPTER NINE VOTING Article
- Time and Place of Voting Voting shall take place on polling day from 7 am to 8 pm in the polling station designated by the district electoral commission. The voter shall vote in the polling district on the electoral roll of which his name has been entered, unless this Law provides otherwise. Article
- Prohibition to Hold other Events in the Polling Station It shall not be allowed to hold any other events in the polling station, except the organisation of the election and voting. No events can either be held in the passageways leading to or out of the polling station (corridors) and at the entrance to the building which houses the polling station. Article
- Opening of the Poll On polling day, the polling station shall be opened only when at least 3/5 of the members of the district electoral commission have gathered. Until the polling station is opened for voters, only the electoral commission members, electoral observers and the police officer on duty can be present inside. On polling day, before the opening of the poll, the chairman of the district electoral commission shall, together with the members of the electoral commission, make sure that a ballot box is empty and seal it up. After the district electoral commission establishes that the polling station is arranged according to the established requirements, the chairman of the district electoral commission shall register the total amount of ballot papers received by this district electoral commission from the municipal electoral commission into the vote counting record, stamp ballot papers, distribute the electoral roll and hand ballot papers to the members of the electoral commission, as well as write down the number of ballot papers issued to each member of the electoral commission in the vote counting record of the polling district. The chairman of the distric