đ ÄŽstatymo tekstas
official translation
REPUBLIC OF LITHUANIA
LAW
ON ELECTIONS TO MUNICIPAL COUNCILS
7 July 1994, No I-532
(Last amended on 22 December 2009 â No XI-615)
FIRST CHAPTER
GENERAL PROVISIONS
Article 1. The Fundamentals of Elections of Members of Municipal Councils
1. Members of municipal councils of the Republic of Lithuania (hereafter referred to as âmunicipal councillorsâ, âcouncillorsâ) shall be elected for a four-year term in multi-member constituencies by universal and equal suffrage, in a secret ballot at direct elections according to a proportional electoral system.
2. This Law has been harmonised with the legal acts of the European Union, referred to in the Annex to the Law.
Article 2. Universal Suffrage
1. The right to elect municipal councillors shall be enjoyed by permanent residents (voters) of that municipality, who are 18 years of age on election day. Persons who have been declared legally incapable by the court shall not participate in elections.
2. Any permanent resident of a municipality who is at least 20 years of age on election day may be elected as member of the council of that municipality.
3. A permanent resident of a municipality shall be a citizen of the Republic of Lithuania who has declared his place of residence pursuant to legal acts of the Republic of Lithuania in the territory of this municipality or whose last known address of place of residence is within the territory of this municipality, or who has indicated by a public declaration his place of residence within the territory of this municipality and such a place of residence is, in a prescribed manner, regarded as his principal place of residence, as well as a person who has a permanent residence permit in the Republic of Lithuania. A person who declared his place of residence in pursuance of legal acts of the Republic of Lithuania within the territory of a municipality not later than the day of submission of application documents with a constituency electoral committee, may be elected as member of the council of this municipality.
4. Persons who, with 65 days remaining before elections, have not completed a court-imposed sentence, as well as persons who have been declared legally incapable or insane by the court may not be elected as councillors. A citizen of a foreign state whose passive voting right is restricted by the court in the state whose citizen he is, may not be elected as a municipal councillor.
5. Persons who on election day are in the active or alternative national defence service, as well as servicemen of professional military service or officers of statutory institutions and establishments, who, with 65 days remaining before elections, have not quitted the army or retired and whose participation in political activities are restricted in accordance with special laws or statutes, may not be elected as municipal councillors.
6. Other direct or indirect abridgements of the right to vote of permanent residents of that municipality on the grounds of their descent, political convictions, social and property status, nationality, sex, education, language, religion, type and character of their occupation shall be prohibited.
Article 3. Equal Suffrage
Every permanent resident of a municipality who has the right to elect a council shall, in a multi-member constituency within the territory whereof he resides, has one vote to cast for a list of candidates to councillors - a vote for a list (according to the sums of the votes cast for each list in a constituency it shall be established which list receives (or does not receive) what number of mandates of municipal councillors) and five additional votes to be cast for the preference of five candidates from the list for which he has voted - preference votes (according to the sums of these votes in a constituency a place of each candidate on the list after elections shall be determined). Votes for a list and preference votes shall have the same value as the votes of any other citizen who has the right to vote in the same constituency.
Article 4. Direct Elections
There shall be no voting by proxy in elections of municipal councillors.
Article 5. Secret Ballot
1. 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 because of his physical disability, may vote with the assistance of another person whom he trusts, as it is provided for in Paragraph 8 of Article 64 of this Law. If someone gets to know the secret of another personâs voting, it shall be prohibited to divulge it.
2. It shall be prohibited to control the will of voters in elections. It shall be prohibited to influence the will of a voter to vote for or against any candidate or a list of candidates. A voter must be provided with the conditions to mark a ballot in secret and without interference. It shall be prohibited to act with a ballot in such a way that the secret of voting might be revealed.
Article 6. Prohibition to Bribe Voters
1. During election campaigning and on election day it shall be prohibited to directly or indirectly buy votes, to induce a voter to vote or not to vote at the elections and (or) to vote for or against a candidate or a list of candidates by offering gifts or other rewards, as well as to promise to reward the voters for voting after the elections.
2. Production or distribution free of charge to voters of printed matter (political partyâs or candidateâs programme, biography or other leaflets, calendars, postcards, stickers of information character) and pins made specially for election campaign and intended for advertising a political party or candidate shall not be considered as bribery of voters.
3. The Central Electoral Committee may recognize the established facts of bribery of voters as grave violation of this Law, which leads to the consequences specified in Article 85 of this Law.   Â
Article 7. Announcement of Election Date
1. Members of all councils shall be elected at the same time.
2. Elections to 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 councillors. If, with four months remaining before the expiration of the powers of the councillors, the Seimas of the Republic of Lithuania does not announce the date of elections to municipal councils, municipal council elections shall be held on the last Sunday from which at least a month remains before the expiration of the powers of the councillors. Elections to councils shall be held no earlier than two months and no later than one month prior to the expiration of the powers of the councillors.
3. If municipal council elections must be held in time of war, a decision concerning holding of such elections shall be adopted according to special laws or other legal acts.
4. The day when ballots are cast in polling stations of polling districts shall be considered the day of election to municipal councils. Voting held not at polling stations (by post or in other ways covered in this Law) shall be carried out before polling day or finished on election day as it is provided for in this Law. The term, which is calculated from election day and may be implemented only when election results are proclaimed shall be started to be calculated from the day of proclamation of the election results.  Â
5. The date of run-off elections in a constituency shall be announced by the Central Electoral Committee in cases provided for in this Law no later than within 15 days from the day when the necessity to hold such elections occurred, unless otherwise provided for in this Law. It shall also announce the election date in the case specified in paragraph 2 of this Article.
Article 8. Openness of Preparation and Holding of Elections
1. Public notice about a forthcoming meeting of the electoral committee shall be put on the notice board placed in the premises where the electoral committee has its office, and the members of this electoral committee shall be personally notified about the forthcoming meeting at least 24 hours before the start of the meeting.
2. Meetings and voting of electoral committees shall be open and may be observed by representatives and observers of political parties (hereinafter referred to as "parties") and political organisations upon presenting certificates of the established form or credentials verified with the seal of the parties which have authorised them; representatives of the mass media, upon presenting their authority or service cards. A candidate for municipal councillor may participate in the meeting of an electoral committee if: a decision concerning his personal activities or circumstances directly related to his person is being adopted or if he has been invited to participate in the meeting by the chairman of the electoral committee.
3. Persons present in the conference room of the electoral committee 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, filming, and video recording that require walking about the room or using special lighting equipment, as well as live radio or television broadcasting of meetings shall be subject to the permission of the electoral committee chairman.
4. Electoral committees may not hold closed meetings. The Central Electoral Committee may prohibit anyone from entering the workroom of the service staff of electoral committees, document safekeeping premises if it is necessary to guarantee undisturbed working conditions of the staff and to protect election documents.
5. If there are reasons to believe that during a meeting a threat to the security of its participants may arise, the chairman of the committee may instruct the police to check the documents and belongings of the persons entering the conference room or carry out their personal search.Â
6. The electoral committee may remove from the meeting hall persons who interfere with the work of the committee.
Article 9. Expenditure Related to the Preparation and Conduct of Elections
Expenditure related to the preparation and holding of elections to municipal councils shall be covered from the state and municipal budgets. The expenditure of electoral committees related to the organisation and conduct of elections and the work of the members of electoral committees and the service staff shall be covered from the state budget. Maintenance of premises of polling stations and the office space of constituency electoral committees and polling district committees, expenditure of purchasing and keeping of the equipment of polling stations shall be covered from municipal budgets. If the municipality fails to provide adequate premises and supplies for the office of the polling district and the polling station, by the decision of the Central Electoral Committee, state funds shall be used for this purpose. In such a case, the actual expenses related to the polling station and its supplies shall be recovered without suit by the Central Electoral Committee from the municipality.
SECOND CHAPTER
CONSTITUENCIES AND POLLING DISTRICTS
Article 10. Formation of Constituencies
1. For the organisation and execution of elections on the territory of a municipality one multi-member constituency shall be formed where all voters of such municipality who have the active right to vote shall cast their votes.
2. According to the proportional system of elections, in a constituency:
1) more than 500 000 residents shall elect 51 councillors;
2) from 300 000 to 500 000 residents shall elect 41 councillors;
3) from 100 000 to 300 000 residents shall elect 31 councillors;
4) from 50 000 to 100 000 residents shall elect 27 councillors;
5) from 20 000 to 50 000 residents shall elect 25 councillors; and
6) up to 20 000 residents shall elect 21 councillors.
3. The Central Electoral Committee shall, at least 85 days prior to the elections, announce constituencies and the number of councillors to be elected.
Article 11. Formation of Polling Districts
1. With a view of making it more convenient for voters to reach a polling station and with account of the number of voters, the territories of municipalities shall be divided into polling districts.
2. 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 recommendation of the director of municipal administration, be approved and changed, where necessary, by the Central Electoral Committee. The Central Electoral Committee shall publish a list of approved polling districts, and changes made therein in the ValstybÄs Ĺžinios (The Official Gazette).
3. No more than 5 000 voters must reside within the territory of a polling district.Â
4. The boundaries of a polling district and the address of a polling station shall be changed when necessary, but no later than 100 days prior to the election. In his recommendation to approve the division of the territory of a municipality into polling districts, the director of municipal administration shall specify the proposed name of a polling district, the addresses comprising to the polling district, the number of voters in the district, 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 changes it proposes. These changes must be submitted to the Central Electoral committee at least 110 days prior to the election. In the event when it is impossible to have polling at the polling stations established earlier, the Central Electoral Committee may, on the recommendation of the constituency electoral committee, change the address of a polling station within a shorter time limit than the one specified in this Article.  Â
Third CHAPTER
ORGANISATION of Elections TO MUNICIPAL COUNCILSÂ Â
Article 12. Electoral Committees
1. Elections to municipal councils shall be organised and conducted by:
1) the Central Electoral Committee;
2) constituency electoral committees; and
3) polling district electoral committees.
2. A citizen of the Republic of Lithuania may be proposed to an electoral committee provided he has the right to be elected as Seimas member (without taking into consideration the minimum age limit set for a candidate for Seimas member, but who is not younger than 18 years of age on election day) and has not been removed from an electoral committee or referendum commission during the last three elections to the Seimas, office of the President of the Republic, municipal councils, or the referendum for the violations of laws on elections or the Law on the Referendum. Â Â
3. The same person cannot concurrently be a member of the electoral committee and a candidate for councillor; a candidate for councillor and a representative of a party for elections (hereinafter referred to as ârepresentative for the electionsâ); a representative for the elections and a member of the electoral committee; a candidate for councillor and an observer of the elections; a member of the electoral committee and an observer of the elections. Provided that a member of the electoral committee is willing to be a candidate for election as councillor, he must, no later than 10 days prior to giving consent to become a candidate, resign in writing from the post of a member of the electoral committee. If the member of the electoral committee has not done so, he shall be relieved from the electoral committee for the violation of this Law and shall be not registered as a candidate for councillor or shall be removed from the list of candidates.
Article 13. Formation of Constituency Electoral Committees
1. The Central Electoral Committee shall for the period of elections form constituency  electoral committees no later than 74 days prior to the elections.
2. Constituency electoral committees shall be composed of:
1) one person who resides or works in the territory of that municipality, has higher legal education, and who 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 who is nominated by the Lithuanian Lawyersâ Association;
3) one career civil servant who works in the administration of that municipality and who is nominated by the director of that municipality;
4) persons nominated by the parties, their coalitions which have received the mandates of Seimas member in the multi-member constituency; and
5) persons nominated by the parties, their coalitions which, during the last elections to municipal council, have received not less than 3 mandates of the members of this council.
3. The Minister of Justice, the Lithuanian Lawyersâ Association and the director of a municipality may propose more candidates.
4. Parties, their coalitions which have received the mandates of Seimas member in the multi-candidate constituency shall each have the right to propose two representatives (hereinafter referred to as âcandidateâ) for one such list of candidates (joint list) nominated in the multi-member constituency to constituency electoral committees. The parties, their coalitions which, during the last elections to the council, have received mandates of the members of the council of this municipality according to the list (joint list) of nominated candidates, shall each have the right to propose one candidate to constituency electoral committees for one such list of candidates (joint list) nominated in the constituency. If the party may propose candidates according to the results of elections to the Seimas and elections to the council as well, then it shall propose candidates according to the results of only one of these elections for choice. If one of the parties, which participated in the election coalition, does not propose candidates or refuses to propose them, or chooses to propose them according to the results of the elections other than those for which the coalition was formed, the other organisations, which have participated in this coalition, shall have the right to propose candidates in its absence. Parties, their coalitions shall submit a list of candidates to the Central Electoral Committee not later than 81 days prior to elections. If candidates for membership meet the requirements of this Law, the Central Electoral Committee may not reject said candidates. In the event that candidates for membership have not been proposed, the Central Electoral Committee may additionally appoint as members of the committee the persons who are proposed by the Minister of Justice, the Lithuanian Lawyersâ Association or the director of municipal administration.
5. In all cases, not less than three committee members must be the persons appointed to a constituency electoral committee from the candidates proposed by the Minister of Justice, the Lithuanian Lawyersâ Association and the director of municipal administration. If these people make up less than three members of the committee, the committee shall be enlarged from the persons proposed by the Minister of Justice, the Lithuanian Lawyersâ Association or the director of municipal administration.
6. 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 electoral committees of polling districts or referendum commissions shall be formed. The Central Electoral Committee shall form a single â municipal, constituency or referendum - committee on a separate electoral, referendum territory and shall define its functions in organising and carrying out other elections or a referendum.
7. The Central Electoral Committee shall appoint chairman of the constituency electoral committee from the committee members.
8. During its first sitting the constituency electoral committee shall elect a deputy chairman and a secretary of the committee.
Article 14. The Powers of Constituency Electoral Committees
The constituency electoral committee shall:
1) in the manner prescribed by the Central Electoral Committee, inform the voters who reside in the constituency about the boundaries of polling districts, their offices, working hours and polling stations;
2) supervise the implementation of this Law in the constituency;
3) form polling district electoral committees;
4) distribute the funds allocated for the elections among polling district electoral committees, control the utilisation of these funds and report to the Central Electoral Committee on the funds used for the elections;
5) register election observers and issue certificates to them, observe political campaigning in the constituency territory and submit information related to such observation to the Central Electoral Committee in the manner prescribed by it;
6) accept application documents of nomination of candidates of parties, examine them, register the lists of candidates for election as councillors, candidates for councillor, issue registered candidates with certificates, register coalitions which are being formed or recalled, establish numbers of the lists of candidates of the coalitions;
7) make up a list of health care (except out-patient), social care and guardianship institutions, military units, arrest houses, remand prisons (detention facilities) and penal institutions situated in the territory of a constituency, and together with the head of the post office have care of the organisation of voting by post in those places, as well as organise voting in advance;
8) draw up a vote counting record of the constituency, establish election results and direct them the Central Electoral Committee for approval; following the decision of the Central Electoral Committee, publish the list of the elected councillors in the press;
9) consider complaints against decisions and actions of the polling district electoral committees and take appropriate decisions; revoke decisions which are not in compliance with the requirements of laws and other legal acts; and
10) exercise other powers provided for in this Law.
Article 15. Formation of Polling District Electoral Committees
1. Not later than 65 days prior to the elections, the constituency electoral committee shall establish the number of the members of each polling district electoral committee, which must be a multiple of the number of the parties, which have the right to propose candidatures. If the number of proposed candidatures is insufficient or there is a vacancy in the committee, the director of the administration of the municipality in the territory of which the polling district is formed may propose the lacking candidatures.
2. The following shall have the right to propose an equal number of candidates to a polling district electoral committee:
1) each party or coalition of the parties which received the mandates of Seimas member in a multi-member constituency during the last elections to the Seimas. If the party received mandates of Seimas member while being in the coalition, it may propose candidates together with the parties which participated in the coalition;
2) the party or coalition of the parties which in the last elections to a municipal council received at least 2 mandates of members of this council. If the party received mandates of councillors while being in the coalition, it may propose candidates together with the parties which participated in the collation.
3. If the party may propose candidates according to the results of the elections to the Seimas and to a municipal council as well, then it shall propose candidates according to the results of only one of these elections for choice. If one of the parties which have participated in the election coalition, does not propose candidates or refuses to propose them, or chooses to propose candidates according to the results of the elections other than those for which the coalition was formed, other parties which have participated in this coalition shall have the right to propose candidates in its absence.
4. Parties shall submit their lists of candidates to the constituency electoral committee no later than 48 days prior to the elections.
5. Constituency electoral committees shall for the period of elections form polling district electoral committees not later than 45 days prior to the elections. If a candidate, proposed by the party, meets the requirements set forth in this Law, the constituency electoral committees may not reject the candidate.
6. If no candidates have been proposed or the proposed candidates do not meet the requirements of this Law, or they have been proposed after the set period of time, a constituency electoral committee may decrease the earlier established number of the members of the polling district electoral committee or address the director of municipal administration to propose the lacking number of candidates for polling district electoral committees. The candidates proposed by the director of municipal administration may not be members of parties or to become such prior to the expiration of the powers of a member of an electoral committee. If during a sitting not less than three members of the constituency electoral committee, while appointing a member of the polling district electoral committee, object to the appointment of the candidate proposed by the director of municipal administration, to be a member of the polling district electoral committee, this candidate may not be appoint a member of the committee.Â
7. Constituency electoral committees shall appoint chairmen of polling district electoral committees from the members of the committees.
8. During its first sitting the polling district electoral committee shall elect deputy chairman and secretary of the committee.
Article 16. The Powers of the Polling District Electoral Committee
The polling district electoral committee shall:
1) receive electoral rolls from the constituency electoral committee, provide conditions for voters, representatives for the elections to familiarise themselves with said lists, hand voter certificates to voters or distribute them in some other manner, inform the constituency electoral committee about inaccuracies noticed in the electoral roll of the polling district;
2) consider complaints concerning errors made in the electoral roll of a polling district;
3) in the manner prescribed by the Central Electoral Committee, supervise the course of voting by post on the territory of a polling district, and monitor the provision of opportunities for voting by post in all health care (except out-patient), social care and guardianship institutions, military units, arrest houses, remand prisons (detention facilities) and penal institutions situated in the territory of a polling district, as well as organise voting at home;
4) together with a representative of the municipal administration, have care of preparing polling stations, voting booths and ballot boxes in due time pursuant to the requirements provided in this Law;
5) organise voting in the polling district on election day;
6) count votes and draw up the vote counting records of the polling district;
7) consider complaints of the voters and observers of its polling district on issues concerning the preparation of elections, organising of voting, vote count, drawing-up of vote counting records, and shall take decisions related thereto; and
8) exercise other powers provided for in this Law.
Article 17. Written Pledge of Electoral Committee Members
1. A member, chairman of an electoral committee shall start holding the position in the electoral committee upon having given a written pledge.
2. The Central Electoral Committee shall lay down the procedure for giving a written pledge by members and chairmen of electoral committees of constituencies and polling districts. The texts of a written pledge of a member, the chairman of an electoral committee shall read as follows:
1) âI, (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 committee and refrain from actions violating laws and human rights.
So help me God.â;
2) âI, (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 committee and refrain from actions violating laws and human rights."
3. 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 work in the electoral committee.
4. Written pledges of the members, chairmen of the electoral committees shall remain in the custody of the electoral committee that has administered them.
5. When appointing an electoral committee member, the Central Electoral Committee or a constituency electoral committee shall fix the date by which he must give a written pledge. The person who has not given a written pledge within 15 days after his appointment shall be removed from his position in the electoral committee.  Â
Article 18. Organisation of the Work of Electoral Committees
1. Sittings of electoral committees shall be valid provided that at least three-fifths of the committee members are in attendance. Decisions taken by the committees shall be adopted by open vote of the majority of the committee members participating in the sitting. In the event of a tie, the committee chairman shall have a casting vote. Committee members who do not agree with a decision shall have the right to state a separate opinion in writing, which shall then be appended to the minutes of the sitting and shall be an inseparable part thereof.
2. Upon the end of elections, the powers of the chairmen, members of electoral committees of polling districts, constituencies shall be terminated. The decision to terminate the powers shall be taken by the electoral committee which appointed the committee members, when this committee, its chairman have fulfilled all the tasks assigned to him according to this Law.
3. The chairman or member of an electoral committee who has given a written pledge shall be prohibited from any form of election campaigning or attempts to influence the voters' will in any other way. Individuals who have violated this requirement, a written pledge of a committee member must be dismissed from the committee and may be held liable under law.
Article 19. Appeals Concerning Decisions of Electoral Committees Taken prior to the Completion of Voting
1. Parties that have nominated a candidate for councillor, a candidate for councillor, representative for the elections, election observer may appeal against the decision of the electoral committee taken prior to the completion of voting, or any other activity thereof:
1) that of the polling district electoral committee - to the constituency electoral committee;
2) that of the constituency electoral committee - to the Central Electoral Committee; and
3) that of the Central Electoral Committee - to the Supreme Administrative Court of Lithuania.
2. A voter, representative for the elections who does not agree with the decision of the polling district electoral committee which has been adopted on his appeal concerning the errors made in the electoral roll because of which the voter may not implement his right of voting (he has been incorrectly put on or struck off the electoral roll or if the data about the voter has been inaccurately entered into the electoral roll), may appeal against the decision of the polling district electoral committee to the administrative court of an appropriate county.
3. The appeal, filed with the administrative court of a county, must be investigated within 48 hours from the filing thereof. Non-working days shall be included in this time limit. The decision of the court shall become effective after its pronouncement. The appeals which have been filed not in compliance with the procedure established in this Article, shall not be investigated and shall be transferred to that electoral committee which must investigate them. A polling district electoral committee, a constituency electoral committee may not transfer to the Central Electoral Committee for consideration the appeals which are within their own jurisdiction and which have not been investigated by them.
Article 20. Support for Electoral Committees
1. State and municipal institutions, enterprises, establishments and organisations, as well as their officers must assist electoral committees in exercising their powers and must furnish them with necessary information.
2. State and municipal institutions, enterprises, establishments and institutions, as well as their officers must consider requests submitted by electoral committees and give them justified replies within 3 days.
3. Electoral committees may employ the required number of personnel for assistance work.
4. Local authorities, state establishments and other organisations must provide electoral committees with proper premises and equipment for the preparation and execution of elections.
Article 21. Payment for Work of Electoral Committee Members
For their work in electoral committees, the chairmen, deputy chairmen, secretaries and members of electoral committees shall be receive payment at the rates submitted by the Central Electoral Committee and approved by the Government.
Article 22. Changing the Composition of an Electoral Committee
1. The chairman or member of an electoral committee may be removed from his position in the committee by the electoral committee, which approved the composition of said committee, or the Central Electoral Committee.
2. The electoral committee may consider only the justified proposal of a party to recall the member of the electoral committee whom it has proposed.
3. When necessary, a new chairman or member of the electoral committee may be appointed according to the procedure established by this Law even upon expiration of the time limits set in paragraph 1 of Article 13 and paragraph 5 of Article 15.
FOURTH CHAPTER
Electoral rolls and VOTER CERTIFICATES
Article 23. Electoral rolls
1. 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 constituencies; and
3) electoral rolls of polling districts.
2. Electoral rolls shall be drawn up twice - provisional and final. These rolls may be used only for organisation and execution of elections.
3. The procedure for compiling electoral rolls must be such that every person who is entitled to vote shall be entered on an electoral roll. No one may be entered on an electoral roll more than once.
4. At the request of the parties that have nominated candidates and for the purpose of campaigning general electoral rolls of a concrete constituency may be drawn up and presented. The parties that are registered in the State Register of Personal Data Controllers may obtain general electoral rolls (in electronic storage media or printed). The following data shall be laid down in general electoral rolls: voter's name, surname, address and date of birth. Actual expenses related to drawing-up of such lists shall be covered by the party, which has ordered them. If a voter has, in manner prescribed by legal acts, expressed his disagreement that his address or date of birth would be made public in general electoral rolls, only his name and surname shall be indicated in these rolls. Parties may not submit general electoral rolls to the third persons and use them for the purposes other than campaigning. They must destroy the obtained data within 30 days following the proclamation of the final election results.
5. The electoral roll of the Republic of Lithuania and the electoral rolls of constituencies, which are drawn up and kept by the keeper of the population register, shall be made in electronic storage media. Electoral rolls of polling districts shall be printed. The procedure, form of compiling of rolls, method of compiling and the procedure of their use shall be laid down by the Central Electoral Committee. When drawing up electoral rolls, the following information 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, address of a place of residence and grounds for entering the address in the population register;
2) in the electoral roll of constituencies: name, surname, personal number, date of birth, address of a place of residence and grounds for entering the address in the population register;
3) in the electoral roll of polling districts: name, surname and the address of a place of residence. The address of the voters who have expressed disagreement that their address would be announced in the electoral roll of a polling district, shall be indicated only in the annex to the electoral roll of the polling district and in the voter certificate.
6. Every voter shall enjoy the right to disagree that the address of his place of residence would be publicly announced in the electoral roll of a polling district, and that both the address of his place of residence and his date of birth or either of them would be indicated in the general electoral rolls which are furnished to the parties. The Central Electoral Committee shall together with the keeper of the population register create conditions for a voter to exercise his right to disagree that the address of his place of residence would be indicated in the polling list of a polling district and that the address of his place of residence and his date of birth would be indicated in the general electoral rolls.
Article 24. General Procedure for Entering Voters of the Republic of Lithuania on Electoral Rolls
1. All persons entitled to vote shall be entered on the electoral roll of the Republic of Lithuania according to the data of issuance of the passport, identity card or a permit for permanent residence in the Republic of Lithuania, and in accordance with the population register of the Republic of Lithuania. State and municipal institutions and establishments which issue documents confirming the identity of a person, keep the data pertaining to the declaration of persons' place of residence, register the deaths of persons and the loss of citizenship, shall be also responsible for accurate and timely recording of relevant changes and corrections in the population register of the Republic of Lithuania. Rolls compiled according to the data of the population register of the Republic of Lithuania shall be provisional.
2. Compiling, correcting and execution of electoral rolls shall be organised by the Central Electoral Committee on the basis of the information furnished by state, municipal institutions and constituency electoral committees.
3. 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 who does not have a permit for permanent residence in the Republic of Lithuania;
3) a citizen who has been declared legally incompetent by the court.
4) a person whose permit for permanent residence in the Republic of Lithuania has been revoked in the manner prescribed by law.
4. Provisional electoral rolls with changes done therein and acknowledged in the procedure established by the Central Electoral Committee shall be approved as final electoral rolls not more than 7 days prior to elections. Changes in final electoral rolls may be done only with the consent of the Central Electoral Committee.
Article 25. Electoral Rolls of Constituencies
The electoral roll of a constituency shall be drawn up in electronic storage media by the Central Electoral Committee according to the electoral roll of the Republic of Lithuania and the place of residence of a voter indicated therein (the last known or declared place of residence of the voter), and shall be delivered to the constituency electoral committee at least 39 days prior to elections. Concurrently, lists of voters whose place of residence is unknown shall be drawn up.
Article 26. Electoral Rolls of Polling Districts
The electoral roll of a polling district shall be drawn up by the constituency electoral committee according to the electoral roll of a constituency and the place of residence indicated therein, and shall be delivered to the polling district electoral committee at least 26 days prior to the election. An electoral roll of voters whose place of residence is unknown shall also be compiled.
Article 27. Public Announcement of Electoral rolls and Access to Electoral Rolls
1. The polling district electoral committee shall, at least 25 days prior to elections, provide conditions for the voters to have access to the electoral roll of a polling district. Voters shall be provided with data of an annex to the polling district electoral roll that concern only them. It shall be prohibited to make copies of electoral rolls of a polling district or to copy or distribute such lists in any other manner. A notice must be posted at the entrance to the premises of an electoral committee, indicating duty hours of the committee members, and telephone numbers through which the 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 voter certificates, notices indicating the duty hours of the polling district electoral committee and its contact telephone numbers must also be posted in the stairways of multi-family apartment buildings.
2. The electoral roll of the Republic of Lithuania and electoral rolls of constituencies shall not be announced publicly, however, a voter may be provided with information regarding his entry on the electoral roll by telephone as well.
Article 28. Voter Certificate
1. A voter certificate shall be a document issued by an electoral committee specifying the polling district on the electoral roll of which a voter is entered. Electoral committees shall hand in voter certificates signed by the chairman of an electoral committee. A voter himself, or at his request â any other person, may print his voter certificate in accordance with the data of the electoral roll of the Republic of Lithuania received electronically pursuant to the procedure established by the Central Electoral Committee. In this event, the voter himself shall sign his voter certificate, except for the cases when because of his physical disability he himself cannot sign it and it is signed by another person chosen by the voter, indicating his name, surname and personal number. One may not vote without a voter certificate (duplicate).
2. A voter certificate shall contain:
1) voterâs name and surname;
2) voterâs birth date (year, month, day);
3) voterâs address;
4) the name and number of a polling district on the electoral poll of which a voter has been entered, and the address of a polling station;
5) the successive number of a voter on the electoral roll of a polling district; and
6) the election date, polling time at a polling station of the polling district; it shall also advise that this certificate is required for voting, and may include other information significant to the voter of for organisation of elections.
3. If a voter requests to issue him with a duplicate of a voter certificate in place of the lost one or of a voter certificate he has not received, a duplicate must be issued to the voter immediately, right after the establishment of the data on the voter which must be entered on the certificate.
Article 29. Delivery of Voter Certificates
1. The delivery of voter certificates to voters shall be organised by a polling district electoral committee.
2. Articles 66, 67 and 68 of this Law shall lay down the procedure for delivering voter certificates to voters who are in health care (except out-patient), social care and guardianship institutions, military units, arrest houses, remand prisons (detention facilities) and penal institutions situated.
3. The delivery of voter certificates shall be noted in a provisional electoral roll of a polling district. A voter certificate shall be either delivered to the voter personally or to another person who lives together with the voter, or to the voterâs neighbour who knows the voter and undertakes to deliver the voter certificate to the voter. The delivery of voter certificates to voters must be finished at least 20 days before elections.
4. The voter who has not received a voter certificate in due time or who has received a voter certificate with inaccuracies, must without delay inform the polling district electoral committee on whose service territory he resides about this and to produce his passport or any other document confirming his identity. If the voter has been entered on the electoral roll of this polling district, the polling district electoral committee must write out a new voter certificate 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 address of the place of voterâs residence according to the population register data is assigned to this territory of the polling district or the voter produces evidences that he resides within the territory of this polling district, the polling district electoral committee shall provide a request blank, the form whereof is prescribed by the Central Electoral Committee, to be filled out by the voter to enter him on the electoral roll of this polling district (or a member of the polling district electoral committee shall fill out this request himself), and shall immediately inform the constituency electoral committee about this, which must have care of entering the voter on the electoral roll of this polling district. The voter certificate shall be written out and delivered to the voter upon checking the accuracy of electoral rolls.
5. A constituency electoral committee may, in the manner prescribed by the Central Electoral Committee, write out a voter certificate for the voter who is on the electoral roll of another constituency, if he is unable to return to his permanent place of residence to pick or otherwise get the voter certificate. The voter must request this in writing.
Article 30. Checking the Accuracy of Electoral Rolls before Drawing up Final Electoral Rolls
1. The accuracy of provisional electoral rolls shall be checked when transferring a voter from one electoral roll of a polling district, constituency into another, striking from or entering a voter on the electoral roll of the Republic of Lithuania.
2. The voter shall be transferred from one electoral roll into another if it becomes clear that the address of his place of residence in the provisional roll is incorrect or it has changed after said roll was drawn up.
3. Transferring of the voter from the electoral roll of one polling district into another within the same constituency shall be executed by the constituency electoral committee which shall inform the Central Electoral Committee about the changes made in electoral rolls of polling districts. Transferring of the voter from the electoral roll of one constituency into another shall be executed by the Central Electoral Committee on the recommendation of the constituency electoral committee and shall inform the constituency electoral committees about the changes made. Only the Central Electoral Committee may enter a voter on or strike him from the electoral roll of the Republic of Lithuania in the cases provided in Article 24 of this Law.
Article 31. Entering of Voters who are in Military Units, Arrest Houses, Remand Prisons (Detention Facilities) and Penal Institutions
1. Voters performing the mandatory military shall be entered on the electoral rolls of the polling district on the territory of which they had permanently resided before they were summoned for the mandatory military service.
2. Voters performing the active military service, civil service or working under employment contract in international military operations abroad shall be entered on the electoral rolls of the polling district on the territory of which they declared their place of residence.
3. Voters who are in arrest houses, remand prisons (detention facilities) or penal institutions shall be entered on the electoral roll of the polling district on the territory of which they declared their place of residence. If such a person has not declared his place of residence or requests in writing, he shall be registered in 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 had declared his place of residence before he was placed in an arrest house, remand prison (detention facilities) or penal institution may not be entered on the electoral roll of the polling district within the territory of which the arrest house, remand prison (detention facilities) or penal institution is situated.Â
Article 32. Checking the Accuracy of Electoral Rolls upon Compiling Final Electoral Rolls, as well as on Election Day
If following the approval of the final electoral rolls, but no later than until 6 p.m. on election day, a voter addresses the polling district electoral committee and submits the passport, identity card or a permit for permanent residence in the Republic of Lithuania and the document about the declared place of residence (the place of residence must be assigned to the territory of this polling district), but the voter has not been entered on the electoral roll of this electoral district, the polling district electoral committee shall enter the voter on the additional electoral roll of the polling district and shall allow him to vote according to the procedure established by the Central Electoral Committee, and shall immediately inform the constituency electoral committee about the voterâs surname, name, personal number, the number of his passport or any other document confirming his identity, and the address. The constituency electoral committee shall check if the voter has been entered on the electoral roll of the constituency and take actions to guarantee that the voter would not be able to vote twice or the ballot papers filled by him will be counted only once. If the voter has voted twice, only that vote shall be counted which was put in the ballot box of the polling district. The other vote of the voter, received by post or when cast according to the additional electoral roll of the polling district shall not be counted.
Article 33. Complaints Concerning Electoral Rolls
1. A voter or a representative for the elections may, no later than 7 days before elections, lodge complaints with the polling district electoral committee concerning the errors made in electoral rolls due to which the voter has not been entered on the electoral roll in the manner prescribed by this Law or has been entered on several electoral rolls. The polling district electoral committee must consider the complaint and take a decision thereon either immediately or within 2 days of the receipt thereof, if more than 10 days are left until election day.
2. The decision of the polling district electoral committee may be within 3 days appealed against to an appropriate regional administrative court, which shall consider the complaint within 2 days. The decision of the court shall be final.
3. Complaints and comments shall not be considered after the expiration of the term set for filing comments or complaints.
4. Polling district electoral committees shall report to the constituency electoral committee about the received complaints and changes made in the electoral rolls by the courtâs decision, and the constituency electoral committee shall report to the Central Electoral Committee as soon as possible but not later than within 12 hours.
FIFTH CHAPTER
NOMINATION OF CANDIDATES FOR COUNCILLOR
Article 34. Nomination of Candidates for Councillor
1. A party is registered pursuant to the Law on Political Parties and satisfies the requirements of the Law on Political Parties concerning the number of party members, may nominate candidates for councillor no later than 65 days prior to elections.
2. The party shall nominate candidates for councillor by presenting a list of candidates in which candidates are recorded in such succession as established by the party. The number of candidates on the list may not be less than 10 candidates and not more than twice the number of mandates established in that constituency. Candidates must meet the requirements specified in Article 2 of this Law.
Article 35. Application Documents for the Nomination of Candidates for Councillor
1. A party must file with the Central Electoral Committee the following application documents:
1) an application for the participation in elections;
2) a copy of its registration document; it may also submit its programme, election programme;
3) the list of constituencies in which the party intends to nominate candidates;
4) the power of attorney for a representative for the elections to represent it in the Central Electoral Committee, as well as the power of attorney to represent it and the candidates nominated by it in constituency electoral committees;
5) the document evidencing the payment of the election deposit;
6) a copy of the declaration concerning the last yearâs financial activities, which had to be submitted to the tax inspectorate pursuant to the Law on Political Parties, approved by this inspectorate, and it may also submit a copy of the account (report), which had to be publicly announced according to the Law on Political Parties, concerning the budget receipts and their sources, expenditures and their purpose.
2. If the party nominated candidates or candidatesâ lists during the preceding elections to the Seimas or municipal councils, it shall have the right to submit a copy of the report published in the press, which had to be published in pursuance of the laws on the elections to the Seimas, to municipal councils, concerning the sources and use of funds for election campaign.
3. The party must file with the constituency electoral committee the following application documents:
1) the list of nominated candidates in which candidates are placed in a numerical order, signed by a representative for the elections of the organisation nominating lists of candidates;
2) written consents of the nominated candidates to be nominated by this party in this constituency, a questionnaire for a candidate for councillor filled in by the candidate himself, as well as the extract containing the basic data from his income and property declaration, presented to the State Tax Inspectorate, approved by that tax inspectorate to which the declaration has been submitted, as well as a declaration of private interests. The data of a declaration of private interests of a candidate for councillor shall submitted by the constituency electoral committee to the Central Electoral Committee not later than within 5 days in accordance with the procedure laid down by the latter; and
3) the certificate issued by the Central Electoral Committee, concerning the registration of the party, nominating lists of candidates, for the participation in the elections to this council.
4. In the questionnaire of a candidate for councillor, a person who is nominated as a candidate for councillor must fill in the following data himself: name, surname, number of the passport or other document confirming identity of the person, personal number, date of birth, address of the permanent place of residence, whether or not his court-imposed sentence has 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 is transferred to the reserve or has retired from the service, whether or not he is an officer of a statutory institution or establishment, whose participation in political activities are restricted by special laws or statutes, whether or not he holds office incompatible with the office of councillor, and also whether he is a member of the elective administration body of another state; he must answer the questions indicated in Article 89 of this Law and sign. If a candidate is a citizen of another state, he must also indicate whether his passive right to vote is not limited in the state whose citizen he is. Other questions, additionally established by the Central Electoral Committee may also be included in the questionnaire of a candidate for councillor, and the person may not answer them.
5. The filing of application documents shall commence 65 days before and shall end at 5 p.m., 34 days prior to election day.
Article 36. Registration of Candidates for Councillor
1. Upon the commencement of registration of candidates, at the request of the Central Electoral Committee the Ministry of Justice shall within one day confirm officially which parties are registered, the number of members of which parties satisfies the requirements of laws, and the activities of which parties have been suspended or terminated.
2. Upon receiving the application documents of a party, the Central Electoral Committee 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 and the validity of the submitted statutes. The Ministry of Justice must give a written reply within two days and submit to the Central Electoral Committee a transcript of effective statutes. Having checked the application documents and determined their compliance with the requirements of this Law, the Central Electoral Committee shall, within 7 days following the receipt of the application documents, issue the representative for the elections of the party nominating lists of candidates, a certificate concerning the registration of the party nominating lists of candidates to participate in the elections.
3. While checking the application documents filled in by a candidate for councillor, the constituency electoral committee shall determine whether the candidate meets the requirements of Article 2 of this Law. When necessary, the Central Electoral Committee may appeal to the Ministries of Foreign Affairs, the Interior, Justice or other state institutions to furnish the data important for registering the candidate. Such appeal of the Central Electoral Committee must be considered in the extra urgency procedure, and a written reply must be given within 7 days, but not later than 32 days before elections.
4. Upon checking out the submitted application documents and establishing their compliance with the requirements of this Law, the electoral committee must adopt a decision concerning the registration of a candidate within 10 days following submission of the application documents, but not less than 31 days prior to elections.
5. If the application documents are incorrect, the electoral committee must immediately inform the appropriate representative for the elections about them.
Article 37. A Representative for the Elections
1. A representative for the elections shall represent the party, which has authorised him on all issues in the Central Electoral Committee or a constituency electoral committee. In sittings of the electoral c âŚ
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