5.A concrete schedule of electoral committee members’ coming to the homes of voters shall be approved by the chairman of a polling district or constituency committee not later than, respectively, in the Friday or Wednesday preceding the noon of an election day. This schedule shall be public, its copy shall be posted up on the billboard of the polling district (constituency electoral) committee on the same day. Only the electoral committee members and election observers proposed by the different political parties may come together to the homes of the voters. They must arrive for voting to the homes of the voters on Saturday, during the bright time of the day.
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6.The provisions of paragraphs 6 and 7 of Article 67 of this Law shall apply to voting at home.
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7.The sealed outer envelope (with the voter certificate, voucher envelope and ballot papers in it) the voter shall hand to a member of the polling district (constituency electoral) committee. Upon having received the envelope handed by the voter, he shall give the voter a receipt confirming the acceptance of this envelope.
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8.When a voter votes at home, it shall be prohibited to exert influence on his determination and to hasten his voting. Committee members and observers shall be prohibited from carrying out the actions for a voter, referred to in paragraphs 6 and 7 of Article 67 of this Law, as well as from accepting an unsealed outer envelope from a voter. Voters shall be prohibited from taking out ballot papers or giving them to another persons.
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Article 68Organisation of Polls in Diplomatic Missions, Consular Posts and on Ships of the Republic of Lithuania
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1.Voting commissions shall be set up in diplomatic missions , consular posts and on ships of the Republic of Lithuania in order to organise voting and count the votes cast.
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2.Voting commissions shall consist of chairman and at least two members. They shall be set up in a diplomatic mission or consular post of the Republic of Lithuania by its head from the employees of the diplomatic mission or consular post of the Republic of Lithuania, or from other citizens of the Republic of Lithuania residing in a foreign country. The procedure for giving written pledges by commission members shall be laid down by the Central Electoral Commission.
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3.Voting commissions on ships shall be set up by ship captains – citizens of the Republic of Lithuania, taking into account the decision of a meeting of the ship’s crew – citizens of the Republic of Lithuania.
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4.The procedure for voting, vote counting and submitting of records to the Central Electoral Commission, as well as the procedure for handing certificates of election observers shall be laid down by the Central Electoral Commission.
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5.On the recommendation of the Minister of Foreign Affairs, the Central Electoral Commission shall draw up a list of diplomatic missions and consular posts of the Republic of Lithuania in which voting shall be conducted and shall set polling days (no less than 10) for each diplomatic mission or consular post.
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6.In diplomatic missions, consular posts of the Republic of Lithuania their heads and on ship their captains – citizens of the Republic of Lithuania shall be responsible for organizing voting, submitting to the Central Electoral Commission the records and other documents determined by it.
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7.Voting shall not be organised on the ships on which there are no conditions to organize voting pursuant to the requirements of this Law.
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Article 69Polls Held on Ships
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1.Voters (ship’s crew and passengers) who are aboard a ship, if they left from a port of the Republic of Lithuania not later than 4 days prior to an election day and have not returned until the election day, or in the presence of other circumstances because of which they cannot vote in their polling district, by post, in a diplomatic mission or consular post of the Republic of Lithuania, shall have the right to vote on the ship.
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2.On the recommendation of the Minister of Transport and Communications, the Central Electoral Commission shall draw up a list of ships sailing under the flag of the State of Lithuania, on which there are no less than 5 crew members - voters, voting is organised and with which the radio communication is maintained during the voting. On the recommendation of the Minister of Transport and Communications, the Central Electoral Commission shall fix such time for voting on the ship that each voter who is aboard the ship is given the opportunity to vote.
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3.Voter certificates shall not be issued to the voters voting on ships.
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Article 70Polls in Diplomatic Missions and Consular Posts of the Republic of Lithuania
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1.Voters who have gone to foreign states shall be entitled to vote in diplomatic missions or consular posts of the Republic of Lithuania during their business hours. Not less than 4 hours must be allotted for voting during a business day of the said establishments. Polls shall close on the election day at the Republic of Lithuania time.
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2.Voting commissions set up by the diplomatic missions or consular posts of the Republic of Lithuania shall hand election documents to the voters who have notified the said institutions about their places of residence, or, at their request, deliver the documents by post and accept them.
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3.Voters who have come for voting to a diplomatic mission or consular post of the Republic of Lithuania shall be prohibited from taking out the election documents or giving them to another persons.
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Article 71Polls in Healthcare Facilities and Institutions of Social Guardianship and Care
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1.Voters who because of their health condition or age are in healthcare (except ambulatory) facilities, institutions of social guardianship and care shall be entitled to vote in such institutions.
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2.A constituency electoral committee shall, not later than 15 days prior to an election day and upon the recommendation of the heads of the institutions specified in paragraph 1 of this Article, draw up a list of special post offices and, upon the recommendation of the head of the post office, set such working hours of the post offices that the days of voting in them would be in compliance with paragraph 1 of Article 67 of this Law.
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3.The heads of the institutions referred to in paragraph 1 of this Article shall draw up a list of voters voting in a special post office. The following must be indicated in such list: voter’s name and surname, personal number, constituency (name and number), whether or not a voter has a voter certificate. The head of the institution shall transfer a list of voters voting in a special post office to a constituency electoral committee, receive voter certificates from it or print them according to the date received via means of electronic communication and ensure the delivery of the certificates to voters, allot the premises appropriate for voting, and be responsible that the voters would be notified about the working place and time of a special post office, and that the conditions would be created for voters to reach it.
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4.Voters who are able to move shall vote themselves in accordance with the procedure set forth in paragraphs 6 and 7 of Article 67 of this Law. Voters who are unable to move shall be visited by at least 2 polling district committee members, election observers (should they wish) and employees of special post offices.
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5.The voting person must, in conditions of secrecy, personally mark the ballot paper and put it into the voucher envelope. If necessary, he may be assisted by an individual (except an employee of that institution or facilities, a postman, a member of the electoral committee, or an election observer) whom he trusts.
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5.If because of the physical disability voters are unable to vote themselves, they may entrust other persons to vote for them. These persons must mark the ballot papers in the presence of the voter according to his instructions and preserve the secrecy of voting.
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6.Committee members, employees of a special post office and election observers shall be prohibited from carrying out the actions related to voting, as well as from accepting from the voter an outer envelope which is not sealed.
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7.It shall be prohibited to exert influence upon a voter, his self-determination or to rush him to vote.
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Article 72Polls in Military Units
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1.Voters performing compulsory military or voluntary national defence service shall be entitled to vote in the military units or internal service units where they serve.
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2.A constituency electoral committee shall, not later than 15 days prior to an election day and upon the recommendation of the commanders of military units and internal service units, draw up a list of special post offices and, upon the recommendation of the head of the post office, set such working hours of the post offices that the days of voting in them would be in compliance with paragraph 1 of Article 67 of this Law.
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3.The commanders of military units and internal service units shall draw up a list of voters voting in a special post office. The following must be indicated in such list: voter’s name and surname, personal number, constituency (name and number), whether or not a voter has a voter certificate. The commander of a military unit or an internal service unit shall transfer a list of voters voting in a special post office to a constituency electoral committee, receive voter certificates from it or print them according to the date received via means of electronic communication and ensure the delivery of the certificates to voters, allot the premises appropriate for voting, and be responsible that the voters would be notified about the working place and time of a special post office, and that the conditions would be created for voters to reach it. In it is impossible to set a special post office or to ensure that voters will be able to properly carry out actions related to voting, the commanders of military units and internal service units shall create conditions for voters to go to a post office for voting or on the election day to travel to a polling district on the electoral roll of which they have been entered.
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4.The provisions of Article 67 of this Law shall apply to voting in military units and internal service units.
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5.It shall be prohibited to exert influence upon self-determination of a voter voting in a military unit or internal service unit, or to rush him to vote.
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Article 73Polls in Penal Institutions
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1.Voters who serve arrest or imprisonment sentence shall be entitled to vote in an institution they serve a sentence.
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2.A constituency electoral committee shall, not later than 15 days prior to an election day and upon the recommendation of the heads of penal institutions, draw up a list of special post offices and, upon the recommendation of the head of the post office, set such working hours of the post offices that the days of voting in them would be in compliance with paragraph 1 of Article 67 of this Law.
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3.The heads of penal institutions shall draw up a list of voters voting in a special post office. The following must be indicated in such list: voter’s name and surname, personal number, constituency (name and number), whether or not a voter has a voter certificate. The head of a penal institution shall transfer a list of voters voting in a special post office to a constituency electoral committee, receive voter certificates from it or print them according to the date received via means of electronic communication and ensure the delivery of the certificates to voters, allot the premises appropriate for voting, and be responsible that the voters would be notified about the working place and time of a special post office, and that the conditions would be created for voters to reach it.
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4.The provisions of Article 67 of this Law shall apply to voting in penal institutions.
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5.The provisions of this Article and Article 67 of this Law shall apply to voting in arrest houses, remand prisons (detention facilities).
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6.It shall be prohibited to exert influence on self-determination of a voter voting in an arrest house, remand prison (detention facilities) or penal institution, or to rush him to vote.
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CHAPTER X
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COUNTING OF VOTES
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Article 74Counting of Voting Envelopes and Ballot Papers
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1.The procedure for counting voting envelopes and ballot papers in the Republic of Lithuania shall be laid down and this accounting shall be administered by the Central Electoral Commission.
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2.Accounting of voucher envelopes and ballot papers for voting by post, their issuing and acceptance when voting shall managed by the heads of the post offices. They shall indicate accounting data in a journal specially designated for this purpose.
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3.The post office head shall deliver unused voucher envelopes and ballot papers to the constituency electoral committee one day prior to an election day.
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4.The head of a post office shall deliver voucher envelopes containing ballot papers marked by voters to polling district committees on the day of the election, but not later than 2 hours before the closing of the polls.
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5.Outer envelopes, unused and damaged ballot papers of voters who voted on the Thursday preceding an election day, shall be transferred to a constituency electoral committee by the members of the electoral committees who went to the homes of the voters pursuant to the provisions of Article 671 of this Law. The constituency electoral committee shall not alter than on the Friday preceding an election day transfer outer envelopes to a post office.
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6.Outer envelopes, unused and damaged ballot papers of voters who voted on the Saturday preceding an election day, shall be transferred to the chairman of a polling district committee at 7.00 of the same day. Having checked the received election papers, the polling district committee shall decide whether or not voting has met the requirements of this Law.
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7.Outer envelopes shall be kept together with ballot papers.
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8.Before starting to count the votes, outer envelopes of voters who voted by post shall be put together with outer envelopes of voters who voted at home, mixed and counted together according to Article 78 of this Law and in the same manner as the votes received by post.
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Article 75Organisation of Work of a Polling District Electoral Committee Concerning Vote Counting
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1.The chairman of the polling district electoral committee shall organise and direct vote counting in the committee. His instructions when counting votes shall be mandatory and all persons present in the polling station must adhere to them. He must ensure that votes would be counted in accordance with the established procedure and shall have the right to warn any person present in the polling station if he hinders the committee in its work or does not perform his duties properly. The committee chairman shall publicly announce such a decision. The decision shall be entered into the vote counting record, and shall be signed by the committee chairman. The decision must be enforced without delay, and if necessary, the electoral committee may consider it only after the vote counting record has been signed.
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2.The data which are entered into the record must be publicly announced in such a manner that all the persons participating in vote counting would hear them. If the validity of the ballot paper or the meaning of the marks in it raise doubts, the committee chairman shall present it to the committee members and shall announce voting concerning its evaluation (if there are several such ballot papers, he shall produce them one by one). The results of this voting shall be entered on the empty side of the ballot paper.
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Article 76Keeping of Records of Ballot Papers in Polling Stations
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1.Upon closing the polling station, the chairman of the polling district electoral committee, in the presence of at least 3/5 of the members of the electoral committee, shall seal and stamp the ballot box slot.
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2.Unused ballot papers shall be individually collected from each member of the polling district electoral committee, shall be counted publicly, the number of them shall be entered into the vote counting record. According to signatures in the electoral roll, voter certificates, arrival cards, ballot papers which have been spoiled by voters and returned to be exchanged for blank ballot papers it shall be inspected if a committee member has handed all ballot papers lawfully.
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3.The electoral committee shall count the unused and spoiled ballot papers publicly; annul them by cutting off the upper right corner; put them into the envelopes specially designated for this purpose and seal these envelopes. The number of unused or spoiled ballot papers shall be entered in the vote counting record.
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Article 77Counting of Votes of the Voters who Have Voted in the Polling Station of the Polling District
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1.The polling district electoral committee, in the presence of at least 3/5 of its members, shall inspect the ballot box of the polling station whether the seals have not been broken and whether there are no other evidences which indicate that it could have been opened or that ballot papers could have been removed in any other way. The electoral committee, in the presence of at least 3/5 of its members, shall decide if the ballot box has been tampered with. If the committee decides that the ballot box was tampered with, an act shall be drawn up about this, the ballot box shall be packed up, the package shall be put under seal and votes shall not be counted. The ballot box shall be delivered to the constituency electoral committee. The decision concerning counting of votes of this ballot box shall be adopted by the constituency electoral committee.
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2.Having ascertained that the ballot box has not been tampered with, in the presence of at least 3/5 of the members of the polling district committee as well as observers, it shall be opened, all ballot papers shall be placed on tables on which there are no other documents and writing materials ( except black lead pencils), and the committee shall start counting votes. Ballot papers shall be sorted out according to constituencies (single-member and multi-member), then - into valid and invalid ballot papers. Valid ballot papers shall be divided into groups according to the marks made in them by voters. Each group of ballot papers must be recounted at least two times. For the second time ballot papers must be counted by other members of the committee.
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Ballot papers which do not hold necessary attributes (irregular ballot papers, unsealed or sealed with a seal of another electoral committee, etc.) must, if found, be separated from the rest of the ballot papers. The constituency electoral committee shall be immediately informed about such ballot papers and such fact must be entered into the vote counting record of the polling district. Counting results must be proclaimed and entered into the record, counted ballot papers put into a special envelope (envelopes) which is sealed and safeguarded. After the electoral committee establishes how many votes have been cast by voters who voted in the polling station of the polling district for lists of candidates in the multi-member constituency and for candidates in single-member constituencies, counting of votes received by post shall commence.
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3.Ballot papers from the marking whereof it is possible to establish which list of candidates a voter voted for, but it is impossible to establish what kind of opinion he expressed regarding the candidates from the list he voted for, may not be declared invalid only because of this reason. If a voter has not indicated the election number of a candidate in the ballot paper, indicated a non-existing election number of a candidate, as well as when it is impossible to define voter’s will from the inscription or inscriptions, preference vote or votes in the special space (spaces) of the second part of this ballot paper shall not be counted. If the election number of the same candidate is written down two or three times, only one vote shall be counted in accordance with this ballot paper.
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4.A decision regarding the declaration of a ballot paper invalid or in the presence of dispute between committee members concerning the assessment of marks in the ballot paper shall be adopted by the electoral committee by way of voting. The result of such voting shall be indicated on the other side of the ballot paper.
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5.Votes shall be counted in such a way that this procedure, marks of voters in the ballot papers may be observed by all the persons present during the counting of votes, and they would be able to make sure that votes are counted justly and fairly. The committee must recount the votes if at least one committee member or observer requests so before the signing of the vote counting record.
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6.The Central Electoral Commission shall establish the concrete procedure for the counting of ballot papers and votes not later than 14 days before the election.
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Article 78Keeping of the Records of Voters who Have Voted by Post and the Counting of their Votes and Preference Votes for the Candidate
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1.After the counting of ballot papers found in the ballot box, ballot papers received by post and at home shall be calculated in the following procedure:
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1)the chairman of the polling district committee shall present, unopened, all outer envelopes received by post and at home. Their number shall be announced and entered in the vote counting record;
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2)outer envelopes shall be opened one at a time;
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3)a voter certificate shall be taken out of the outer envelope, the voter’s surname shall be read aloud, it shall be checked against the voter list of the polling district, and the voucher envelope shall be stamped with the seal of the polling district. If the person on the voter certificate is not on the electoral roll; if the voter has already signed the electoral roll indicating that he has already voted in the polling district; if another envelope for voting by post has been received from the same voter; if there is no voter certificate in the outer envelope; or if there is more than one voucher envelope in the outer envelope - the seal shall not be affixed and the ballot paper (ballot papers) in the envelope shall be considered invalid, the envelope shall not be opened. This fact must be noted on the voucher envelope (voucher envelopes). The content of such envelopes shall not be taken into account in the vote counting record of the polling district;
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4)in the voter list of the polling district, the words \"voted by post\" or “VBP” shall be written by the surname of the voter whose vote has been received by post or at home;
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5)the sealed voucher envelope shall be cast into the ballot box prepared and sealed according to the established requirements; and
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6)when all envelopes received by post have been inspected, the ballot box shall be opened and the sealed voucher envelopes shall be opened. If there is more than one ballot paper of the single-member and multi-member constituency in the voting envelope, all ballot papers in the envelope shall be considered invalid. Then the votes received by post shall be counted according to the requirements of Article 77.
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2.If only one sealed voucher envelope for voting by post is in the polling district (committee), it, in order to protect the secrecy of voting, shall not be opened, and shall be handed over to the electoral committee, which has formed this committee, which shall enter the results of the voting in its vote counting record.
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3.After votes cast in a polling station and by post for lists of candidates and candidates have been counted, all data have been entered into the vote counting record of a single-member constituency and the first part of the vote counting record of the multi-member constituency, the record and the first part of the record have been signed by the committee members, chairman and observers and the polling district committee has announced to the constituency electoral committee that the votes for lists of candidates were counted, the polling district committee may commence counting votes cast for candidates (preference votes). The polling district committee may decide to count preference votes at once or, with the consent of the chairman of the constituency electoral committee, to count them at another time, but not later than within 24 hours. If it is decided to count preference votes at another time, the ballot papers to be counted shall, in a manner prescribed by the Central Electoral Commission, be transferred in a special envelope for safekeeping to the constituency electoral committee. In this case, the constituency electoral committee, after it has accepted election documents from the polling district committee, must adopt one of the following decisions on the counting of preference votes in the ballot papers transferred to it:
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1)to return ballot papers and to instruct the polling district committee from which it has got the preference votes to count such votes;
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2)to change the decision of the polling district committee from which the election documents have been received, regarding the counting of preference votes and to instruct the committee of another polling district to count preference votes or to count preference votes itself. In this case , the constituency electoral committee must set the place and time of counting preference votes.
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4.If the committee counts preference votes next day or recounts ballot papers, it shall, in the presence of at least 3/5 of the members, check whether the special envelope (envelopes) has not been opened. If the polling district committee adopts a decision that the envelope has been tampered with or its contents have been changed, an act shall be drawn up concerning this fact, the envelope shall be packed, the package shall be sealed and the votes shall not be counted. The package shall be delivered to the constituency electoral committee. The Central Electoral Commission shall be immediately informed about this. A decision pertaining to the counting of the votes which are in the package shall be adopted by the constituency electoral committee.
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Upon having ascertained that the envelope has not been tampered with, counting of preference votes shall commence. Information on the time and place of the counting of preference votes as well as in the event when the constituency electoral committee decides to recount ballot papers, must, not later than one hour before the commencement of the counting, be announced on two notice boards: one installed in the building in which the headquarters of the constituency electoral committee is situated, and the other in the premises in which preference votes shall be counted. When counting preference votes, election observers may attend and a police officer must be on duty. All ballot papers shall be put on tables on which no there are no other documents and writing materials ( except black lead pencils), and the committee shall check if there are all the ballot papers from which preference votes must be counted.
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The concrete procedure of preference votes counting shall be established by the Central Electoral Commission not later than 7 days prior to elections. Votes must be counted in such a way that such procedure might be observed by all the persons present during the counting of votes and would be able to ascertain that votes are counted fairly and justly. Counted votes shall be recorded in the second part of the vote counting record of the multi-member constituency, ballot papers shall be packed, the package shall be sealed and transferred to the constituency electoral committee.
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Article 79Vote Counting Records of the Polling District
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1.Two vote counting records shall be drawn up in every polling district: one of the single-member constituency and one of the multi-member constituency. The vote counting record of the multi-member constituency shall consist of two parts.
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2.The vote counting record of the single-member constituency shall include the following:
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1)the number of voters in the polling district;
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2)the number of ballot papers of the single-member constituency received from the constituency electoral committee;
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3)the number of ballot papers delivered to each member of the committee, the number of ballot papers delivered to voters, the number of voters' signatures, the number of voter certificates, the number of arrival cards, and the number of unused and spoiled ballot papers;
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4)the number of annulled ballot papers;
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5)the number of voters who have voted in the polling station of the polling district;
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6)the time of the opening of the ballot box;
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7)the number of invalid ballot papers found in the ballot box;
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8)the number of valid ballot papers found in the ballot box;
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9)the number of votes found in the ballot box which have been separately cast for each candidate for Seimas member;
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10)the number of voting envelopes of voters who have voted at home, the number of voting envelopes received by post, the total number of voting envelopes received by post and at home, and the number of sealed voucher envelopes;
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11)the number of invalid ballot papers received by post (ballot papers which are in unsealed and unopened envelopes shall not be counted and shall not be indicated as invalid);
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12)the number of valid ballot papers received by post;
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13)the number of votes received by post for each candidate for Seimas member;
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14)the total number of voters who participated in the elections in the polling district;
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15)the total number of invalid ballot papers in the polling district; and
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16)the total number of votes cast for each candidate for Seimas member.
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3.The vote counting record of the multi-member constituency shall include the following:
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1)the number of voters in the polling district;
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2)the number of ballot papers of the multi-member constituency received from the constituency electoral committee;
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3)the number of ballot papers delivered to each member of the committee, the number of ballot papers delivered to voters, the number of voters' signatures, the number of voter certificates, the number of arrival cards, and the number of unused and spoiled ballot papers;
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4)the number of annulled ballot papers;
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5)the number of voters who have voted in the polling station of the polling district;
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6)the time of the opening of the ballot box;
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7)the number of invalid ballot papers found in the ballot box;
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8)the number of valid ballot papers found in the ballot box;
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9)the number of votes found in the ballot box which have been separately cast for the list of candidates nominated by each party (their coalition);
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10)the number of voting envelopes of voters who have voted at home, the number of voting envelopes received by post, the total number of voting envelopes received by post and at home, and the number of sealed voucher envelopes;
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11)the number of invalid ballot papers received by post;
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12)the number of valid ballot papers received by post;
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13)the number of votes received by post which have been cast for the list of candidates nominated by each party (their coalition);
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14)the total number of voters who have participated in the elections in the polling district;
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15)the total number of invalid ballot papers in the polling district; and
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16)the total number of votes cast for the list of candidates nominated by each party (their coalition).
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4.The number of the voters of the polling district shall be established according to the electoral rolls of the polling district. The number of the voters who have been delivered the ballot papers, shall be established according to the voters’ signatures proving that the ballot papers have been received. The number of the voters who have voted in the polling district shall be established according to the number of the ballot papers lawfully delivered to voters by the electoral committee of that polling district and found in the ballot box of the polling station. The total number of the voters who have participated in the election in the polling district shall be established by adding the number of the ballot papers found in the ballot boxes to the number of the ballot papers received by post and counted.
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5.If more ballot papers are found in the ballot box than it has been delivered to voters, the committee shall take measures to discover the causes. This shall be entered in the vote counting record, indicating the number of extra ballot papers which were found.
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6.After all data have been entered into the single-member constituency vote counting record of the polling district and the first part of the multi-member constituency vote counting record and all ballot papers have been put into sealed packages and the special envelope (envelopes), the vote counting records of the polling district shall be signed by the chairman and members of the polling district committee. After that the observers shall sign the records. Their remarks, the separate opinions of the members of the committee shall be appended to the records and shall be an inseparable part thereof.
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7.The second part of the multi-member constituency vote counting record shall contain the following information:
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1)the number of counted ballot papers;
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2)the number of ballot papers in which voters have not indicated preference votes;
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3)the number of preference votes cast for each candidate;
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4)the sum total of preference votes received by all candidates;
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5)other vote counting data established by the Central Electoral Commission necessary when checking if the votes cast by the voters have been counted accurately.
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8.After all data have been entered into the second part of the polling district vote counting record and all counted ballot papers have been put into sealed packages, this part of the polling district vote counting record shall be signed by the chairman and members of the polling district committee. After that the observers shall sign the second part of the record. Their remarks, the separate opinions of the members of the committee shall be appended to the second part of the record and shall be an inseparable part thereof. If the polling district committee or the constituency electoral committee establishes that the mistake has been made in the data recorded in the first part of the vote counting record, a record shall be drawn up to correct the mistake. The second part of the record and ballot papers shall be returned to the constituency electoral committee. A decision concerning the mistake shall be adopted by the constituency electoral committee.
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Article 80Invalid Ballot Papers
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1.Invalid ballot papers shall be:
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1)non-standard ballot papers;
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2)ballot papers sealed with the seal of the electoral committee of the wrong polling district (ballot papers received by post - without the seal of the constituency electoral committee);
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3)ballot papers of the wrong constituency;
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4)in a single-member constituency, those ballot papers on which the voter has marked more than one candidate for Seimas member, or has not marked any candidate, or it is impossible to ascertain the voter’s will from the mark made thereon; and
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5)in the multi-member constituency, the ballot papers on which the voter has marked more than one list of candidates or has not marked any list of candidates, or it is impossible to ascertain the voter’s will from the mark made thereon.
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2.The decision to declare a ballot paper invalid or, in the event of dispute among the committee members as to the assessment of markings on the ballot paper, shall be made by the electoral committee by voting. The voting results shall be indicated on the other side of the ballot paper. If the polling district committee declares the ballot paper invalid in accordance with Subparagraphs 1, 2 or 3 of Paragraph 1 of this Article, it shall immediately inform the constituency electoral committee about this.
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Article 81The Presentation of Documents of the Polling District to the Constituency Electoral Committee
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1.The polling district committee shall put all ballot papers, as well as invalid and unused ballot papers, other election documents into packages, inventory them and affix the seal to them in the manner prescribed by the Central Electoral Commission. The packages shall be delivered together with the vote counting record and its annexes, electoral rolls, records of the polling district committee and financial documentation for the whole period of its work to the constituency electoral committee within 12 hours of the closing of the polls, unless the Central Electoral Commission provides otherwise.
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2.The Central Electoral Commission and the Ministry of the Interior must ensure the safety of transportation of the election documents and the persons transporting them.
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Article 82The Counting of Votes in the Constituency Electoral Committee
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1.The constituency electoral committee shall accept the documents delivered by the polling district committee and shall check:
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1)whether all required documents (packages and special envelopes with ballot papers) have been delivered;
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2)sealing and descriptions of the packages (whether the description is full and correct);
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3)whether all data have been entered in the vote counting records; if they do not contradict one another; if they correspond to the data available to the constituency electoral committee (the number of ballot papers issued to the polling district committee, the number of voters, the number of outer envelopes received by post, data on the votes cast by voters for lists of candidates, which are indicated in the first and second parts of the multi-member constituency vote counting record, etc.); if there are all necessary signatures; whether all separate opinions of the committee members, remarks of observers are attached to the record in which they are specified;
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4)whether all remarks and complaints of voters have been considered in the polling district committee.
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2.The constituency electoral committee shall immediately report the data of the vote counting record, its comments concerning the documents submitted by the polling district committee to the Central Electoral Commission in the manner prescribed by it, and shall ensure the safety of submitted documents.
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3.The packages sealed by the polling district committees, which contain ballot papers or other election documents, may be opened in the constituency electoral committee only by decision of the constituency electoral committee. The constituency electoral committee may recount the ballot papers of the polling district committee or instruct the polling district committee, from which it has received the ballot papers, to recount the said ballot papers, or instruct another polling district committee to recount the ballot papers. When recounting votes, electoral committees must act in compliance with paragraph 4 of Article 78 of this Law. The constituency electoral committee must, in the case specified in paragraph 6 of this Article, adopt a decision to recount ballot papers of all polling district electoral committees.
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4.Upon establishing deficiencies of the documents submitted by the polling district electoral committee, the constituency electoral committee shall take measures to eliminate the deficiencies, request the chairman of the polling district electoral committee to submit the missing documents.
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5.The constituency electoral committee shall count the votes in the following manner: it shall sum up the figures submitted by polling district electoral committees and shall add to them the votes cast by the voters by post, which have been counted in the constituency electoral committee.
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6.The constituency electoral committee must adopt a decision to recount ballot papers of all the polling districts of a single-member constituency when, prior to the signing of the vote counting record, this has been requested by at least one member of the committee, a representative of a party or a candidate, and when the difference between the votes for the candidates who came first or second in this single-member constituency in accordance with the preliminary election results, is less than 50.
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Article 83The Presentation of Vote Counting Documents of the Constituency to the Central Electoral Commission
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All documents (except financial documentation) received from polling districts, electoral rolls, the vote the counting record of the constituency, the records of the constituency electoral committee for the whole period of the activities and other election documents shall be put into special packages and sealed by the constituency electoral committee. The packages shall be delivered to the Central Electoral Commission within the time period established by the Central Electoral Commission.
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Article 84The Participation of Observers in the Counting of Votes and Establishment of Election Results
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1.The election observers and also representatives of the mass media may participate in the counting of votes in polling districts and constituencies, and also in the establishment of election results in constituencies.
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2.The observers shall have the right to make remarks and claims to the electoral committees concerning the violations of this and other laws of the Republic of Lithuania, but they must not hinder the work of electoral committees. The observers shall have the right to make a written protest to the polling district committee, which is appended to the vote counting record of the polling district and delivered to the constituency electoral committee together with other election documents of the polling district. The protest of the election observer to the constituency electoral committee shall be appended to the constituency vote counting record. The protests shall be considered by that electoral committee to whom they have been filed.
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Article 85Publication of the Preliminary Election Results
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1.Preliminary election results may be proclaimed only by the Central Electoral Commission. If the constituency electoral committee delivers the preliminary data of the election results in all polling districts, the Central Electoral Commission must immediately prepare a report to the mass media. This report shall be announced in the Internet in the first place.
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2.The representatives of the mass media shall be prohibited from disseminating the information about the vote counting or election results by video or sound recording equipment, orally, in writing, or otherwise, until the report of the Central Electoral Commission.
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Article 86Complaints against the Decisions of Electoral Committees which Have Been Adopted after Closing of the Polls
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1.Parties which have nominated a candidate for Seimas member, candidates for Seimas member, their representatives for elections, election observers may appeal against the decisions of polling district electoral committees concerning the drawing up of vote counting records to the constituency electoral committee not later than within 24 hours of their drawing up. These complaints must be investigated no later than within 24 hours.
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2.The decisions of the constituency electoral committee concerning vote counting records may be appealed against to the Central Electoral Commission no later than within 72 hours following their drawing up and must be considered before the official announcement of election results.
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3.While investigating complaints against the decisions of polling district electoral committees concerning the drawing up of vote counting records, constituency electoral committees, in the presence of at least 3/5 of the committee members, may recount ballot papers which are presented by the polling district electoral committee, and, in the event of an arithmetical error in the records, incorrectly calculated valid and invalid ballot papers, the committees shall draw up an additional vote counting record of the polling district and attach it to the vote counting record of the polling district. The constituency electoral committee shall not have the right to nullify the vote counting records of the polling district electoral committee.
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4.While investigating the complaint against the decision of the constituency electoral committee concerning the drawing up of the vote counting record of the constituency, the Central Electoral Commission may recount ballot papers which are presented by the constituency electoral committee, and, in the event of an arithmetical error in the record, incorrectly calculated valid or invalid ballot papers, shall draw up an additional vote counting record of the constituency, the polling district and attach it to the vote counting record of the constituency.
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5.Parties, political organisations which have nominated candidates for Seimas member, as well as candidates for Seimas member, may appeal against the decisions of the Central Electoral Committee or against the refusal of the Central Electoral Commission to investigate complaints about the violations of the Law on Elections not later than within 24 hours after the official announcement of the election results, to the Seimas or the President of the Republic. In such cases, the Seimas or President of the Republic shall, not later than within 48 hours, appeal to the Constitutional Court with the inquiry concerning the violation of the Law in Elections to the Seimas.
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Article 87Constituency Vote Counting Records
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1.In accordance with vote counting records, ballot papers and other documents of polling districts, the constituency electoral committee shall establish:
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1)the number of voters who have participated in the elections in the constituency;
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2)the number of invalid ballot papers in the constituency, as well as vote counting data established by the Central Electoral Commission, which is necessary when checking if the votes cast by voters have been accurately counted;
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3)the number of ballot papers valid in the constituency ;
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4)the number of votes cast for each candidate for Seimas member;
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5)the number of votes cast for each list of candidates;
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6)the number of preference votes cast for each candidate.
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2.The chairman and the members of the constituency electoral committee shall sign the constituency vote counting record only after considering separate opinions of the members of the electoral committees of the polling districts, remarks of observers and complaints of voters. The constituency electoral committee may recommend the Central Electoral Commission to declare the election in the constituency invalid.
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CHAPTER XI
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ESTABLISHMENT AND ANNOUNCEMENT OF ELECTION RESULTS
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Article 88The Establishment of Election Results in Single-member Constituencies
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1.The election results shall be established by the Central Electoral Commission after having investigated all complaints and established all election results in this constituency, including of the votes cast by the voters who have voted on ships and abroad.
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2.A candidate shall be considered elected in a single-member constituency, if the not less than 40 percent of the voters from the electoral roll of that constituency have participated in the elections, and the said candidate has received more than half of votes cast by the voters who have participated in the elections. If less than 40 percent of the voters from the electoral roll of that constituency have participated in the elections, the candidate who have received the majority, but not less than one-fifth of the votes of all the voters from the electoral roll of that constituency, shall be considered to have been elected.
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3.If more than two candidates have participated in the elections and a Seimas member has not been elected pursuant to paragraph 2 of this Article, a second poll shall be held after two weeks, in which two candidates who have received the majority of votes shall participate in the said poll. A date of the second poll shall be announced by the Central Electoral Commission together with the election results. A candidate who has received more votes, regardless of the number of voters who participated in the elections, shall be considered to have been elected at the second poll. In the event of a tie, a candidate who received more votes during the initial poll shall be elected Seimas member. If both candidates received an equal amount of votes during the initial poll, a candidate shall become Seimas member by drawing lots.
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4.If one or two candidates participated in the elections and a Seimas member has not been elected pursuant to paragraph 2 of this Article, the elections shall be considered not to have been held and run-off elections shall be held.
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Article 89The Establishment of the Election Results in the Multi-member Constituency
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1.The elections shall be considered to have been held in the multi-member constituency if more than one fourth of all voters have participate in them.
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2.The list candidates of the party may receive mandates of Seimas member (takes part in the distribution of mandates) only if not less than 5 percent of the voters participating in the elections voted for it. The joint list of candidates, drawn up in accordance with Article 43 of this Law, may receive mandates of Seimas member (takes part in the distribution of mandates) provided that not less than 7 percent of the voters who participated in the election have voted for it. If less than 60 percent of all voters who participated in the election have voted for the lists, taking part in the distribution of mandates, the list ( lists if an equal amount of votes has been cast for them), which has not taken part in the distribution of mandates up till then, for whom the majority of voters have voted shall acquire the right to take part in the distribution of mandates. The number of lists of candidates which have the right to participate in the distribution of mandates shall be further increased in the same manner until not less than 60 percent of all the voters who participated in the election shall have voted for the lists of candidates participating in the distribution of mandates.
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3.Mandates for lists of candidates shall be distributed according to the number of votes received by each of them, applying the method of quotas and remainders.
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4.At first, the quota shall be counted, that is, how many votes are needed to receive 1 mandate. It shall be equal to the sum of votes, divided by 70, cast by voters for the lists participating in the distribution of mandates. If when dividing, a remainder is received, 1 shall be added to the quotient.
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5.The amount of votes cast for each list shall be divided by the quota. The received integer quotient shall be the number of mandates for each list according to the quota and the remainders of this division shall be used to distribute the remaining mandates according to the remainders. Therefore, all names of the lists shall be written down in succession in which the first follows the last, according to the size of the remainders of the dividing received by the lists, beginning with the largest. If the remainders of two lists are equal, the first written down shall be the list which have received more votes of voters and if these numbers are also equal, the first written down shall be the list which has received more mandates in all single-member constituencies. If the number of mandates is also equal, the first written down shall be the list which possess the smaller election number. The mandates which have not been distributed when distributing by the method of quotas shall be distributed by one to the lists according to the succession, beginning with the list which was written down first.
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6.If one of the lists received the larger number of mandates than there were candidates on the list, these mandates would be distributed to other lists, further continuing the dividing thereof by the method of remainders.
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7.Candidates of the same list shall receive mandates in the numerical order established by the Central Electoral Commission which has established the rating of candidates. Those candidates who are elected in single-member constituencies shall be omitted from the list.
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8.If the party, coalition submits together with the application documents the request that the rating of their candidates should not be established, voters shall be notified about this in advance, indicating this in a ballot paper and the rating of candidates shall not be counted, and the registered sequence of candidates on the list shall be considered final.
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Article 90Counting of the Rating of Candidates for Seimas Member and Establishment of the Final Order of Succession of the Lists
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1.The Central Electoral Commission shall calculate the rating of candidates for Seimas member and shall establish a final order succession of the lists in accordance with the opinion expressed by voters and preference votes cast.
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2.At first preference votes cast for each candidate in single-member constituencies shall be summed up and the sum total of all the preference votes for each candidate shall be calculated. In the event when the sum total of the candidate’s preference votes is bigger than the number of Seimas members who are being elected in the multi-member constituency or such sum is equal to the said number, election rating of the candidate shall be equal to that sum, if it is smaller - election rating of the candidate shall be considered to be equal to zero.
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3.Then the points of the rating received by each candidate for Seimas member shall be calculated. They shall be equal to the product of two numbers - election rating (the first factor) and party’s rating (the second factor). Election rating shall be an integer number which is established by the Central Electoral Commission for each candidate in accordance with election numbers of the candidates in such a way that party’s rating of the candidate who has the first election number would be 20 times higher than party’s rating of the candidate who has the last election number on this list of candidates, and the difference of party’s ratings of the candidates from the list whose election number differs by one digit, would be equal to 19. Party’s rating of the candidate who is the last on the list, which is determined in such a way, shall be lower by one digit than the number of candidates on this list, and party’s rating of the candidate who is the first on the list shall be 20 times higher than party’s rating of the candidate who is the last on the list.
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4.The final order of candidates for Seimas member on the lists shall be established according the points of the rating received by each candidate. The first written down in the succession shall be the candidate who have received more points of the rating. In the event that several candidates receive the equal amount of the rating points, then the first written down shall be the candidate whose election rating is higher. If the election ratings and candidates’ ratings are also equal, then the first written down shall be the candidate whose party’s rating is higher.
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5.The final succession of the lists of candidates for Seimas member shall be announced by the Central Electoral Commission on the same day as the results of voting in single-member constituencies.
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Article 91The Declaration of the Election Invalid
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1.The Central Electoral Commission may declare the election results in the constituency null and void, if it has established that severe violations of this Law which were committed in the constituency or polling district, the falsification of documents or the loss thereof had an essential influence on the election results, and the following essential results cannot be determined from the vote counting records or other election documents:
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1)in a single-member constituency - the candidate who gets a mandate or the candidates who participate in the second poll;
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2)in the multi-member constituency - the list of candidates which take part in the distribution of mandates, or the number of mandates due to the list of candidates can be determined at the exactness of only more than one mandate.
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2.The election cannot be declared invalid if the indisputably determined election results allow to determine essential election results.
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Article 92Run-off Elections
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1.Run-off elections shall be held in constituencies in which the elections did not take place or were declared invalid.
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2.Run-off elections shall be held not later than within half a year, and after the run-off elections which have not been held - not later than within a year.
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3.The concrete procedure for holding run-off elections, the second poll to the Seimas according to the requirements and terms set in this Law shall be established by the Central Electoral Commission taking into consideration the fact that run-off elections, the second poll are held in one of the single-member constituencies. When establishing the procedure for holding the run-off elections, the Central Electoral Commission cannot change the boundaries of constituencies. The citizens, permanently residing on the territory of a constituency who are aged 18 or over on the day of the run-off elections shall be additionally entered on the electoral roll of this constituency , and only the persons who have lost the right to vote shall be crossed out. The voting shall not be conducted abroad, on ships (with the exception of the case when the voters residing abroad or the crews of ships are entered on the electoral rolls of the constituency in which run-off elections shall be held), in the post offices which are not located on the territory of this constituency (except the central post offices of towns, regions).
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4.Run-off elections shall not be held if the election date planned to be announced falls within the period when less than a year remains before the date of the next election to the Seimas, as counted in compliance with the Constitution.
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Article 93Establishment and Announcement of the Final Election Results
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1.The Central Electoral Commission shall establish the final election results after it has investigated all complaints and established all election results in the constituency , including of the voters who have voted on ships and abroad.
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2.The Central Electoral Commission shall proclaim the final election results not later than within 7 days following the election or the second poll. If during the elections to a new Seimas the second poll is held, the final results in a multi-member constituency shall be proclaimed together with the results of the second poll. The Central Electoral Commission shall first of all announce the final results in the Internet and in the next issue of the Valstybės žinios.
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3.The Central Electoral Commission shall within three months from the announcement of the final election results issue a book about the election results and shall within four months transfer the vote counting records of polling districts and constituencies, application documents (except the forms for the collection of signatures), minutes of the sittings and the decisions of the Central Electoral Commission, as well as the collection of samples of election documents to the State Archives for unlimited safekeeping. After that it may decide to destroy the election documents which are not subject to safe keeping.
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Article 94The Certificate of Seimas Member
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1.After the proclamation of election results the Central Electoral Commission shall issue certificates of Seimas member to the elected candidates within 3 days.
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2.All disputes concerning the non-issuance of the certificate of Seimas member shall, not later than within 3 days, be settled by the Supreme Administrative Court of Lithuania whose decision shall become effective from the moment of its pronouncement.
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Article 95Inquiry Concerning the Violation of the Law on Elections to the Seimas
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1.Not later than within 3 days of the official proclamation of the election results or the announcement of the decision of the Central Electoral Commission concerning occurring or filling a vacancy in the Seimas, the Seimas of the Republic of Lithuania as well as the President of the Republic may appeal to the Constitutional Court with the inquiry whether the Law on Elections to the Seimas has been violated.
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2.The Constitutional Court shall investigate and evaluate the decision of the Central Electoral Committee or its refusal to investigate complaints about the violations of the Law on Elections to the Seimas in those cases when decisions have been adopted or another deed of the Committee has been performed after the closing of the polls.
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3.This inquiry shall be investigated by the Constitutional Court not later than within 72 hours of its submission to the Constitutional Court. Non-working days shall be included in this time period.
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4.Basing itself on the findings of the Constitutional Court, the Seimas of the Republic of Lithuania shall adopt the final decision concerning the violation of the Law on Elections to the Seimas.
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5.If the Constitutional Court makes a conclusion that the Law on Elections to the Seimas has been severely violated or election documents have been falsified and this has had an essential influence on the establishment of the election results, the Seimas of the Republic of Lithuania may pass one of the following resolutions:
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1)to declare the elections in a single-member constituency or multi-member constituency invalid - when, from the vote counting records, it is impossible to establish essential election results; or
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2)to establish real essential election results according to the vote counting records or other election documents submitted by electoral committees.
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6.The Seimas shall also pass a resolution on legally and illegally elected Seimas members.
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Article 96Recognition of the Lapse of the Powers of a Seimas Member
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The Central Electoral Commission shall recognise the lapse of the powers of a Seimas member, with the exception of the cases provided for in paragraph 6 of Article 95, not later than within 15 days after the occurrence of a cause for it:
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1)upon the death of a Seimas member - according to a notarised copy of the death certificate;
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2)upon the resignation of a Seimas member - according to the resignation statement written by the Seimas member himself. The Seimas member must repeat this statement himself during a sitting of the Central Electoral Commission . If because of the heath conditions the Seimas member is unable to attend the sitting, the sitting shall be held in the place where the Seimas member is at that time;
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3)when the court declares a Seimas member legally incompetent - according to the effective decision of the court;
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4)when the Seimas revokes the mandate of Seimas member in accordance with impeachment proceedings - according to the effective resolution of the Seimas;
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5)if a Seimas member takes up, or does not resign from, employment which is incompatible with the duties of Seimas member - according to the effective resolution of the Seimas;
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6)if a Seimas member loses citizenship of the Republic of Lithuania - according to the effective legal act concerning the loss of citizenship; and
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7)if a Seimas member takes an oath in the manner prescribed by the law or takes a conditional oath - according to the effective resolution of the Seimas.
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Article 97Filling a Vacant Seat in the Seimas
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Upon the recognition of the lapse of the powers of a Seimas member, a vacancy occurs in the Seimas. It shall be filled in the following manner:
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1)if the former Seimas member was elected in a single-member constituency, by-elections shall be organised in this constituency. By-elections must be held not later than within 6 months. The elections shall not be held if the election date planned to be announced falls within the period when less than a year remains before the date of the next election to the Seimas, as counted in compliance with the Constitution. The Central Electoral Commission shall establish the concrete procedure for holding by-elections according to the requirements and terms established by this Law, taking into consideration the fact that by-elections are held in one of the single-member constituencies. When establishing the procedure for holding by-elections, the Central Electoral Commission cannot change the boundaries of a constituency. The citizens, permanently residing on the territory of a constituency who are aged 18 or over on the day of the by-elections shall be additionally entered on the electoral roll of this constituency. Only the persons who have lost the right to vote shall be crossed out from the list . The voting shall not be conducted abroad, on ships (with the exception of the case when the voters residing abroad or the crews of ships are entered on the electoral rolls of the constituency in which by-elections are be held), in the post offices which are not located on the territory of this constituency (except the central post offices of towns, regions);
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2)in a multi-member constituency the first candidate, who has not received the mandate of Seimas member, from the list of candidates according to which the former Seimas member was elected to the presently vacant seat shall become a Seimas member. If there are no candidates on this list of candidates who have not received mandates of Seimas member, the mandate of Seimas member shall be transferred to another list according to the sequence of the lists of candidates which was established after the election for the distribution of mandates by the method of remainders, that is to the list following the list which was the last to receive the mandate according to this sequence. So the first candidate, who has not received the mandate, on the list which has newly received a mandate shall become a Seimas member. The Central Electoral Commission must adopt the decision concerning recognition of the mandate of Seimas member for a new Seimas member not later than within 7 days after the occurrence of a vacant seat in the Seimas.
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Article 98
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Loss of the Mandate of Seimas Member because of the Collaboration with the Special Services of other States, and Earlier Conviction which Has Not Been Disclosed to the Voters 1. Each candidate for of Seimas member must make a public disclosure of his deliberate collaboration with the special services of other states, provided that he was not thereby carrying out the assignments of the Republic of Lithuania. He shall indicate this fact in the questionnaire for a candidate for Seimas member. An election poster of a candidate for Seimas member, issued by the Central Electoral Commission, as well as a poster with the list of candidates must contain the following notice beside the surname of the candidate: “Has deliberately and not on the instruction of the Republic of Lithuania collaborated with the special services of another state”.
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2.If the candidate fails to indicate this and there is a valid court sentence which has established a fact having juridical meaning (or this fact has been confirmed by the candidate himself in the manner prescribed by law) that he with full awareness collaborated with the special services of other states which was not related to carrying out the assignments of the Republic of Lithuania, the Central Electoral Commission shall not register him; where it has already registered him a candidate for Seimas member, the Central Electoral Commission shall immediately cancel his registration as a candidate for Seimas member. If the candidate has not indicated it and after the election to the Seimas his deliberate collaboration with the special services of other states which was not related to carrying out the assignments of the Republic of Lithuania is proved according to the procedure established by law, his Seimas member powers shall be lapse from that day.
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3.Each candidate for Seimas member must make a public disclosure that under the sentence of the court of the Republic of Lithuania, which became effective after 11 March 1990, he was found guilty for committing a criminal act or under the effective court sentence was found guilty for committing a minor or a major crime at any time. He shall indicate this fact in the questionnaire for a candidate for Seimas member, regardless of the fact whether the conviction has expired or has been revoked. An election poster of a candidate for Seimas member, issued by the Central Electoral Commission, as well as a poster with the list of candidates must contain the following notice beside the name of the candidate: “Has been found guilty for committing a criminal act”.
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4.If the candidate has not indicated this fact and there is a sentence of the court of the Republic of Lithuania which came into effect after 11 March 1990 and which found the person guilty for committing a criminal act or there is a court sentence which found the person guilty for committing a minor or a major crime at any time, the Central Electoral Commission shall not register such person as a candidate for Seimas member, and if the Committee has already registered him, it shall immediately cancel his registration as a candidate for Seimas member. If the candidate failed to disclose this fact and, following the elections to the Seimas, it has been established that there is a sentence of the court of the Republic of Lithuania effective after 11 March 1990 which found the person guilty for committing a criminal act or there is the court sentence which found the person guilty for committing a minor or a major crime at any time, the Central Electoral Commission shall, within 15 days, submit copies of the court sentence and the questionnaire of a candidate for Seimas member to the Seimas of the Republic of Lithuania for the Seimas to adopt a decision to initiate impeachment proceedings.
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CHAIRMAN OF THE SUPREME COUNCIL VYTAUTAS LANDSBERGIS