📄 Įstatymo tekstas
REPUBLIC OF LITHUANIA
REPUBLIC OF LITHUANIA
LAW
ON THE AMENDMENT OF
THE LAW ON ELECTIONS TO THE SEIMAS
(Valstybës Þinios, 1992, No.22-635, No.24-710; 1993, No.10-
234;
1994, No.89-1718; 1995, No.7-142)
Article 1. Newly Revised Version of the Law of the
Republic of Lithuania on Elections to the Seimas
The Law of the Republic of Lithuania on Elections to the
Seimas shall be amended and set forth to read as follows:
"REPUBLIC OF LITHUANIA
LAW ON ELECTIONS TO THE SEIMAS
I. GENERAL PROVISIONS
Article 1. The Principles of Elections of Seimas Members
Members of the Seimas of the Republic of Lithuania
(hereafter referred to as "the Seimas") shall be elected for a
four-year term in one-candidate or multi-candidate electoral
areas on the basis of universal and equal suffrage, by secret
ballot in direct mixed system elections.
Article 2. Universal Suffrage
1. Citizens of the Republic of Lithuania who on the day of
the election are 18 years of age shall have the right to vote.
Citizens who have been declared legally incompetent by court
shall not participate in elections.
2. Any citizen of the Republic of Lithuania who is not
connected with a foreign state by oath or pledge and is at least
25 years of age on the day of elections, and permanently resides
in Lithuania may be elected as Seimas member. When establishing
for a citizen, who has arrived in Lithuania from another State
for residency, a fact of permanent residence, a one-year period
established in the Law of the Republic of Lithuania on Persons
Considered Permanent Residents or Residents of the Republic of
Lithuania shall not apply to. The fact of permanent residence
established in this way shall be recognised as important only
according to the Law on Elections to the Seimas.
3. Persons who, with 65 days remaining before elections,
have not completed a court-imposed sentence, as well as persons
who have been declared legally incompetent and of diminished
responsibility by the court may not be elected as Seimas members.
4. Persons who on the day of elections are in the active or
alternative service, as well as officers, non-commissioned
officers and re-enlistees of the national defence system, police
and the internal affairs service who, with 65 days remaining
before elections, have not retired from service, and officers of
other militarised and security services who are on the payroll
may not be elected as Seimas members.
5. Other direct or indirect abridgements of the right to
vote of the citizens of the Republic of Lithuania on the grounds
of their descent, political convictions, social or property
status, nationality, sex, education, language, religion, or the
type or character of their occupation shall be prohibited.
Article 3. Equal Suffrage
Every citizen of the Republic of Lithuania who has the right
to vote shall have one vote in a one-candidate electoral area and
a multi-candidate electoral area, and these votes shall have the
same value as the votes of every citizen who has the right to
vote. Every voter shall have an equal right to express his
opinion about the candidates who are entered in the list of
candidates for which he votes in a multi-candidate area, and this
opinion shall have the same value as the opinion of every voter
who has voted for this list.
Article 4. Direct Elections
There shall be no voting by proxy in elections of Seimas
members.
Article 5. Secret Ballot
1. Voters shall vote in person and by secret ballot. It
shall be prohibited for a person to vote instead of another
person or to vote by proxy. A voter who, because of his physical
disability, cannot cast a ballot himself, may vote with the
assistance of another person whom he trusts, as it is provided in
paragraph 6 of Article 65 of this Law. If someone gets to know
the secret of another person's voting, it shall be prohibited to
divulge it.
2. Controlling the will of the voters in elections shall be
prohibited. It shall be prohibited to influence the will of an
elector to vote for or against any candidate or the list of
candidates. An elector must be provided with the conditions to
mark a ballot in secret and without interference. It shall be
prohibited to act with the ballot in such a way that the secret
of voting might be revealed.
3. An elector must vote in secret.
Article 6. Announcement of the Date of Elections to the
Seimas
1. Regular elections to the Seimas shall be announced by the
President of the Republic, and pre-term elections to the Seimas
may be announced by the Seimas of the Republic of Lithuania or
the President of the Republic.
2. Regular elections to the Seimas shall be announced by the
President of Republic no later than six months prior to the
expiration of the powers of the Seimas members. If, with four
months remaining before the expiration of the powers of the
Seimas members, the President of the Republic has not announced
the date of regular elections to the Seimas, regular elections to
the Seimas shall be held on the last Sunday from which at least a
month remains before the expiration of the powers of the Seimas
members. Regular elections to the Seimas shall be held no earlier
than two months and no later than one month prior to the
expiration of the powers of the Seimas members.
3. If regular elections must be held during military
operations, the Seimas or the President of the Republic shall
adopt a decision to prolong the powers of the Seimas . In this
event elections must be called no later than within three months
after the end of the war.
4. Pre-term elections to the Seimas may be held on the
decision of the Seimas adopted by three-fifths majority vote of
all the Seimas members, or announced by the President of the
Republic in the cases provided in Paragraph 2 of Article 58 of
the Constitution. The elections to the new Seimas must be
organised within three months from the adoption of the decision
on the pre-term elections. The day of elections to the new Seimas
shall be specified in the decree of the President of the Republic
concerning regular elections to the Seimas, and in the resolution
of the Seimas or decree of the President of the Republic
concerning pre-term elections to the Seimas.
5. The day when ballots are cast in a multi-candidate
electoral area and in the first round of elections in one-
candidate electoral areas shall be considered the day of the
election to the new Seimas. Voting by post, as well as on ships
and in diplomatic missions shall be carried out on or before the
election day as it is provided for in this Law. The term which is
calculated from the election day and may be implemented only when
the election results are publicised shall be started to be
calculated from the day of publicising the election results.
6. The date of repeat voting, new or repeat elections in a
one-candidate electoral area shall be announced by the Central
Electoral Committee in cases provided in this Law no later than
within 15 days from the day when the necessity to hold such
elections has occurred, unless otherwise provided in this Law.
Article 7. Making the Preparation and Execution of Elections
Public
1. Public notice of a meeting of the electoral committee
shall be given on the notice board placed in the building in
which the electoral committee office is situated, and the members
of this electoral committee shall be personally informed thereof
no later than 24 hours prior to the beginning of the meeting. The
Central Electoral Committee shall additionally inform the mass
media through the Lithuanian Telegram Agency (ELTA) about its
meetings where the following matters shall be decided: dates of
new and repeat elections; establishment of the boundaries of
electoral areas; formation and change of the composition of the
committees of electoral areas; registration of candidates; issues
determined by drawing lots; establishment of election results,
final election results; termination of the powers of a Seimas
member before the expiration of the term of office; recognition
of the powers of a new Seimas member, as well as consideration of
disputes concerning the election campaign and violations of the
Law on Elections.
2. Meetings and voting of electoral committees shall be
open, the following may observe them: representatives and
observers of parties, political organisations, candidates for
Seimas member, upon presenting certificates of the established
form or confirmed with the seal of the organisations which have
authorised them for that; representatives of the mass media, upon
presenting employment certificates. A candidate for Seimas member
may participate in the meeting of an electoral committee if: a
decision concerning his personal activities or circumstances
directly related with his person is being adopted; the chairman
of the electoral committee has invited him to participate in the
meeting.
3. Persons present in the meeting hall may from their seats
record, write down in shorthand or take down everything that is
said at the meeting, photograph or film, record visually. It
shall be allowed to photograph and film, and record visually when
it requires walking about the hall or using special lighting
equipment, as well as to broadcast live meetings only upon
permission by the electoral committee chairman.
4. Electoral committees cannot hold closed meetings. The
Central Electoral Committee may prohibit anyone from entering the
workroom of the service staff of electoral committees, document
safe-keeping premises, if it is necessary to guarantee
undisturbed working conditions of the staff, to protect electoral
documents.
5. If there is a reason to believe that during a meeting a
threat to the security of an electoral committee or its
participants may arise, the chairman of the committee may
instruct the police to scrutinise the documents, belongings of
the persons who enter into the hall, or to inspect the persons.
6. The electoral committee may eject from the meeting hall
the persons who hinder the committee in its normal work.
Article 8. Expenditures Related to the Preparation and
Execution of
Elections
The State and local authorities shall cover expenditures
related to the preparation and execution of elections. The
expenditures of electoral committees related to organisation and
execution of elections and the work of the members of electoral
committees and the service staff shall be paid with state funds.
Maintenance of polling places and office space of electoral
committees of electoral areas and districts, expenditures related
to acquisition and keeping of the equipment of polling places
shall be paid with local authority funds.
II. Electoral Areas and Electoral Districts
Article 9. Formation of Electoral Areas
1. For the organisation and execution of elections, the
territory of the Republic of Lithuania shall be divided into 71
one-candidate electoral areas, taking into consideration the
number of inhabitants and the administrative-territorial
division. An electoral area shall be formed from electoral
districts which have common boundaries. The number of voters in
electoral areas must be from 0,9 to 1,1 of an average number of
the voters in all one-candidate electoral areas. The Central
Electoral Committee shall no later than 95 days prior to the
election establish and no later than 90 days prior to the
election publish in the Valstybës Þinios the list of electoral
districts forming an electoral area, addresses and telephone
numbers of their polling places, number of voters in the
electoral area, and the address and telephone number of an
electoral committee of the electoral area.
2. One multi-candidate electoral area shall also be formed
where all citizens of the Republic of Lithuania having the right
to vote shall cast their vote. 70 Seimas members shall be elected
in the said electoral area according to the proportional system
of elections.
Article 10. Formation of Electoral Districts
1. Taking into consideration the convenience for a voter to
reach a polling place and the number of voters, territories of
cities and regions shall be divided into electoral districts.
2. The division of the territory of a town, region into
electoral districts shall be approved and changed by the Central
Electoral Committee on the recommendation of the mayor. The
Central Electoral Committee shall publish in the Valstybës Þinios
a list of approved electoral districts and changes made therein.
3. No more than 5,000 voters may reside in the territory of
an electoral district.
4. The boundaries of an electoral district, address of a
polling place shall be changed when necessary, but no later than
100 days prior to the election. In the recommendation to approve
the division of the territory of a local authority into electoral
districts, the town, region mayor shall specify the following: a
proposed name of an electoral district, addresses forming an
electoral district, number of voters in the formed district,
address and telephone number of a polling place. Changes which
are proposed to be made shall be specified in the recommendation
to change the division of the territory of a local authority into
electoral districts. No later than 100 prior to the election the
mayor shall also inform the Central Electoral Committee about new
addresses, changed addresses or addresses which are no longer in
effect, as well as approve the addresses and telephone numbers of
polling places.
III. ORGANISATION of Elections
Article 11. Electoral Committees
1. Elections to the Seimas shall be organised and conducted
by:
1) the Central Electoral Committee;
2) the electoral committees of electoral areas; and
3) the electoral committees of electoral districts.
2. A citizen of the Republic of Lithuania may be proposed to
the 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 the election day) and has not
been removed from the electoral committee due to the violations
of laws on elections or referendum.
3. The same person cannot concurrently be: a member of the
electoral committee and a candidate for Seimas member; a
candidate for Seimas member and a representative for elections; a
representative for the election and a member of the electoral
committee; a candidate for Seimas member 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 Seimas member, he must no later
than 10 days prior to giving consent to become a candidate or
starting collecting signatures of citizens resign 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 the Law on Elections
and shall be not registered or shall be removed from a candidate
for Seimas member.
Article 12. Formation of the Central Electoral Committee
1. The Central Electoral Committee shall be the supreme
standing institution for the organisation of elections to the
Seimas of the Republic of Lithuania, President of the Republic,
municipal councils, as well as for the organisation of referenda.
2. The Seimas shall no later than 100 days and not earlier
than 130 days prior to regular elections to the Seimas form the
Central Electoral Committee for a four-year period. The Central
Electoral Committee shall not be newly formed before pre-term
elections to the Seimas, its powers are preserved until a Central
Electoral Committee shall be formed before regular elections to
the Seimas.
3. The Central Electoral Committee shall be composed of:
1) Committee Chairman;
2) three persons having higher legal education and who are
chosen by lot from the six candidates proposed by the Minister of
Justice;
3) three persons having higher legal education and who are
chosen by lot from the six candidates proposed by the Lithuanian
Lawyers' Society; and
4) the persons proposed by parties, political organisations
which have received mandates of Seimas member in a multi-
candidate electoral area.
4. The Minister of Justice and the Lithuanian Lawyers'
Society may propose more candidates for the Central Electoral
Committee.
5. The drawing of lots during a Seimas sitting shall be
organised by the Speaker or deputy Speaker of the Seimas.
6. Parties and political organisations which have received
mandates of Seimas member in a multi-candidate electoral area
shall each have the right to propose one representative to the
Central Electoral Committee from the one list of candidates
(joint list) presented in the multi-candidate electoral area
prior to the formation of the Committee.
7. If representatives meet the requirements specified in
Article 11, par.2 and 3 of this Law, the Seimas may not reject
proposed candidates.
8. In all cases, persons appointed to the Central Electoral
Committee from the candidates proposed by the Minister of Justice
and the Lithuanian Lawyers' Society must make up more than 1/2 of
the Committee members. If these persons make up less than 1/2 of
the members, the Committee shall be enlarged according to the
procedure established in this Article by drawing lots equally
from the candidates proposed by the Minister of Justice and the
Lithuanian Lawyers' Society, whose number must be twice as much
as is necessary for the additional appointment of members to the
Central Electoral Committee.
9. The Seimas shall appoint the Chairperson of the Central
Electoral Committee. The Chairperson of the Central Electoral
Committee as well as the members of the Committee who were
appointed to the Committee by lot must suspend their membership
in any parties and political organisations which they are members
of, and may not take part in the activities and carry out the
instructions of said parties or organisations while working in
the Committee.
10. The Central Electoral Committee shall elect the deputy
chairman and secretary of the Committee during its sitting. The
deputy chairman shall be elected from among the members who do
not represent parties or political organisations.
Article 13. Verification of the Composition of the Central
Electoral
Committee after the Elections to the Seimas
1. The Seimas of the Republic of Lithuania shall within 100
days after the first sitting of the newly elected Seimas verify
the composition of the Central Electoral Committee: shall dismiss
and newly appoint the Committee members proposed by parties and
political organisations, so that representatives of the parties,
political organisations which have received mandates in a multi-
candidate electoral area shall be included in the composition
thereof. When necessary, the number of the Committee members
chosen by lot may be only increased by the Seimas.
2. The powers of the Chairman of the Central Electoral
Committee and the Committee members chosen by lot shall be
terminated in the following cases:
1) upon his resignation;
2) upon his death;
3) if he does not meet the requirements specified in Article
11, par.2 of this Law;
4) if a sentence inflicted upon him by a court comes into
force; and
5) if the Constitutional Court presents a conclusion that
the Law on Elections to the Seimas or the Law on Presidential
Elections has been violated due to the activities of the Central
Electoral Committee.
Article 14. The Powers of the Central Electoral Committee
1. The Central Electoral Committee shall guarantee the same
application of laws on elections and referendum on the whole
territory of the Republic of Lithuania. For this purpose, it
shall issue the instructions for the implementation of these laws
of the Republic of Lithuania, the execution whereof shall be
obligatory to all institutions and officers. The decisions of the
Central Electoral Committee may be changed only by the Central
Electoral Committee or an effective court's ruling. Institutions
of State power and government, Seimas members and other officers,
parties, political or public organisations, as well as citizens
shall be prohibited from interfering with the activities of the
Central Electoral Committee related to organisation of elections
or a referendum.
2. While carrying elections to the Seimas , the Central
Electoral Committee shall:
1) divide the territory of Lithuania into one-candidate
electoral areas;
2) establish electoral committees of electoral areas;
3) accept application documents concerning the nomination of
candidates for the Seimas, examine them, register the candidates,
and announce the lists of nominated candidates who participate in
the elections and the numbers provided for them, as well as the
candidates nominated in one-candidate electoral areas;
4) establish the samples and forms of ballot papers and
other documents used during the elections, as of well as
packages, stamps, and samples for their completion, and the
procedure for sealing ballot papers;
5) manage funds allocated by the State for elections;
6) supervise the implementation of this Law;
7) consider complaints and adopt resolutions concerning
decisions of electoral committees of electoral areas and, if
necessary, electoral committees of electoral districts as well;
8) exercise the functions of a electoral committee of a
multi-candidate electoral area;
9) establish and publicise the final results of the
elections;
10) issue certificates of Seimas member of the Republic of
Lithuania to the elected candidate;
11) hand over vote calculation and other records of
electoral committees to the State Archives; and
12) execute other powers provided for in this Law.
3. During the period between elections, the Central
Electoral Committee shall perform the functions of the Mandate
Committee of the Seimas of the Republic of Lithuania: shall adopt
and announce decisions upon termination of the Seimas member's
powers; acknowledge the powers of new Seimas members elected in a
multi-candidate electoral area, call new or repeat elections in a
one-candidate electoral area.
4. The Central Electoral Committee shall generalise the
election-related experience, together with other State
institutions propagate the importance of free, democratic and
honest elections, take care of the education of electors. It
shall also keep in touch with the institutions of other states,
which prepare and organise elections in those states.
5. The Central Electoral Committee may not interpret the
provisions of this Law. If it is necessary to do so, the Central
Electoral Committee shall appeal to the Seimas for the amendment
of this Law. The Seimas shall consider questions submitted by the
Central Electoral Committee according to the procedure of special
urgency.
Article 15. Formation of Electoral Committees of Electoral
Areas
1. The Central Electoral Committee shall for the period of
elections form electoral committees of electoral areas no later
than 85 days prior to the elections.
2. Electoral committees of electoral areas shall be composed
of:
1) two persons who reside or work in that town, region, have
higher legal education, and who are nominated by the Minister of
Justice;
2) two persons who reside or work in that town, region, have
higher legal education, and who are nominated by the Lithuanian
Lawyers' Society.
3) one official of "B" level who works in that town, region
(one from every town, region), who is nominated by the mayor of
that town, region; and
4) persons nominated by parties, political organisations
which have received the mandates of Seimas member in the multi-
candidate electoral area.
3. The Minister of Justice, the Lithuanian Lawyers' Society
and the town, region mayor may propose more candidates. If the
territory of an electoral area consists of the territories of
several towns, regions, the Committee shall be formed from as
many officials of "B" level as there are mayors who have the
right to nominate candidates.
4. Parties, political organisations which have received the
mandates of Seimas member in the multi-candidate electoral area
pursuant to the list of candidates (joint list) nominated in this
electoral area shall each have the right to propose two
representatives from this single list of candidates (joint list)
nominated in the electoral area to electoral committees of
electoral areas. If the representatives meet the requirements of
this Law, the Central Electoral Committee may not reject said
candidates. In the event that candidates have not been proposed,
the Central Electoral Committee may additionally appoint as
members of the Committee candidatures who are proposed by the
Minister of Justice, the Lithuanian Lawyers' Society or town,
region mayor.
5. In all cases, persons who have been appointed to
electoral committees of electoral areas from the candidates
proposed by the Minister of Justice, the Lithuanian Lawyers'
Society and the town, region mayor must make up at least 1/3 of
all the Committee members. If these people make up less than 1/3
of the Committee, the Committee shall be enlarged from the
candidates proposed by the Minister of Justice, the Lithuanian
Lawyers' Society or the town, region mayor.
6. If elections to the Seimas or to the municipal council,
or a referendum are concurrently held on the same day, the same
electoral committees of electoral districts or referendum
committees shall be formed. The Central Electoral Committee shall
form a single - town, region, electoral area or referendum -
committee in a separate electoral, referendum territory and shall
establish its functions in organising and carrying other
elections or a referendum.
7. The Central Electoral Committee shall appoint the
chairman of the electoral committee of an electoral area.
8. During its first sitting, the electoral committee of an
electoral area shall elect a deputy chairman and a secretary of
the committee.
Article 16. The Powers of Electoral Committees of Electoral
Areas
The electoral committee of an electoral area shall:
1) inform the voters who reside in the electoral area about
the boundaries of the electoral districts, their offices, working
hours and polling places;
2) supervise the implementation of this Law in the electoral
area;
3) form electoral committees of electoral districts;
4) make up a list of health care, social guardianship and
care institutions, military units and places of confinement
situated in the territory of an electoral area, and together with
the head of the post office have care of the organisation of
voting by post in those places;
5) draw up the vote calculation records of the electoral
area;
6) consider complaints against decisions and actions of the
electoral committees of electoral districts and adopt decisions
concerning them; and
7) exercise other powers provided for in this Law.
Article 17. Formation of Electoral Committees of Electoral
Districts
1. No later than 75 days prior to the election, the
electoral committee of an electoral area shall establish the
number of the members of the electoral committees of each
electoral district, which must be a multiple of the number of the
parties and political organisations which have the right to
nominate candidates for electoral committees. If the number of
proposed candidates is insufficient or there is a vacancy in the
committee, the mayor of a municipality in the territory whereof
the electoral district is formed may propose the lacking
candidates.
2. The parties and political organisations which have
received the mandates of Seimas member in a multi-candidate
electoral area from the list of nominated candidates (joint
list), as well as the parties, political organisations which have
received the mandates of members of municipal councils from the
list of nominated candidates (joint list) in the elections to a
municipal council shall enjoy the right to propose candidates for
the electoral committee of an electoral district, but each party
or political organisation shall be entitled to propose the same
number of candidates as the other parties and political
organisations having right to propose candidates.
3. Parties, political organisations shall submit their lists
of candidates for the electoral committee of an electoral area no
later than 62 days prior to the elections.
4. Electoral committees of electoral areas shall for the
period of elections form electoral committees of electoral
districts no later than 60 days prior to the elections. If a
candidate meets the requirements set forth in this Law, the
electoral committees of an electoral area may not reject the
candidate.
5. 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, electoral committees
of electoral areas may alter the earlier established number of
the members of the electoral committee of an electoral district
or to address the mayor to present the lacking number of
candidates for electoral committees of electoral districts. The
candidates proposed by the mayor may not be the members of
parties, political organisations or to become such members 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
electoral committee of the electoral area shall, while appointing
a member of the committee, object to the appointment of the
candidate, proposed by the mayor, to be a member of the electoral
committee of an electoral district, this candidate may not be
appointed a member of the committee.
6. Electoral committees of electoral areas shall appointed
the chairmen of electoral committees of electoral districts.
7. During its first sitting the electoral committee of an
electoral district shall elect a deputy chairman and a secretary
of the committee.
Article 18. The Powers of the Electoral Committee of
Electoral District
The electoral committee of electoral district:
1) shall receive voter lists from the electoral committee of
an electoral area, provide conditions for electors,
representatives of parties and political organisations at the
elections to familiarise themselves with said lists, hand voter
certificates to voters or distribute them in some other way,
inform the electoral committee about inaccuracies noticed in the
voter list;
2) shall consider complaints concerning errors made in voter
lists;
3) may observe how voting by post is conducted in the
territory of an electoral district, and control that conditions
for voting by post would be provided in all health care, social
guardianship and care institutions, military units and the places
of confinement situated in the territory of the electoral
district;
4) shall have care of preparing polling places, voting
booths and ballot boxes in due time pursuant to the requirements
provided in this Law;
5) shall organise voting in the electoral district on the
day of elections;
6) shall calculate votes and draw up the vote calculation
records of the electoral district;
7) shall consider the complaints of the voters and observers
of that electoral district on issues concerning the preparation
of the elections, the organisation of voting, vote calculation,
the drawing up of vote calculation records, and adopt decisions
related to them; and
8) shall exercise other powers provided for in this Law.
Article 19. The Oath and a 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 taken
the oath or given a written pledge.
2. The members and the chairman of the Central Electoral
Committee shall take the oath in the Seimas. The oath shall be
administered by the Speaker or deputy Speaker of the Seimas. The
text of the oath of the member, chairman of the electoral
committee shall read as follows:
"I, (name, surname), member, chairman of the electoral
committee, 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 the rights of citizens.
So help me God."
3. The members and chairmen of electoral committees of
electoral areas and districts shall give a written pledge. The
procedure for giving a written pledge shall be established by the
Central Electoral Committee. The text of a written pledge of the
member and the chairman of an electoral committee shall read as
follows:
"I, (name, surname), member, chairman of the electoral
committee, 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 the rights of citizens.
So help me God."
4. The oath may be taken or a written pledge given omitting
the last sentence. The person who has taken the oath shall
subscribe to the prescribed oath. The oath shall be effective for
the whole duration of the appointment to work in the electoral
committee. The person who does not take the oath, shall not hold
the position in the electoral committee.
5. The oaths, written pledges of the members, chairmen of
the electoral committees shall remain in the custody of the
institutions which have administered them.
6. When appointing an electoral committee member, the
institution shall fix the date by which he must take the oath or
give a written pledge. The person who has not taken the oath,
given a written pledge within 10 days after his appointment or
who has taken the oath or given a written pledge with a
reservation, shall be removed from his position in the electoral
committee.
Article 20. Organisation of the Work of Electoral Committees
1. Sittings of electoral committees shall be valid provided
that at least three-fifths of the members of the committee are in
attendance. Decisions made by the committees shall be adopted by
open vote of the majority of the committee members participating
in the sitting. In the event of a tie vote, the committee
chairman's vote shall be deciding. Committee members who do not
agree with a decision shall have the right to state a different
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 electoral districts, electoral
areas shall be terminated. The decision to terminate the powers
shall be adopted by the electoral committee which appointed the
committee members, when this committee, its chairman have
fulfilled all the tasks assigned to him according to the Law.
3. The chairman or member of an electoral committee who have
taken the oath or 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 must be dismissed from the committee and may be
liable according to the procedure established by law.
Article 21. Appeals Concerning Decisions of Electoral
Committees which
Are Adopted prior to the Completion of Voting
1. Parties and political organisations which have nominated
a candidate for Seimas member, a candidate for Seimas member, a
representative for elections, an election observer may appeal
against the decision of the electoral committee which has been
adopted prior to the completion of voting:
1) for a decision of the electoral committee of the
electoral districts - to the electoral committee of an electoral
area;
2) for a decision of the electoral committees of an
electoral area - to the Central Electoral Committee; and
3) for a decision of the Central Electoral Committee - to
the Vilnius district court.
2. Appeals must be considered within 48 hours of when the
appeal is submitted. Non-working days shall be included in this
period. The decision of the Vilnius district court shall become
effective from its pronouncement.
Article 22. Assistance for Electoral Committees
1. State institutions, enterprises, offices and
organisations, as well as their officers must assist electoral
committees in exercising their powers and must furnish them with
necessary information.
2. State institutions, enterprises, offices and
organisations, as well as their officers must consider requests
submitted by electoral committees and give the electoral
committee a justified response within 3 days.
3. An electoral committee may employ the required number of
personnel for assistance work.
4. Local authorities of towns and regions, state
institutions and organisations must provide electoral committees
with proper premises and equipment for the preparation and
execution of elections.
Article 23. Remuneration of Electoral Committee Members
For their work in electoral committees, the chairmen and
members of electoral committees shall be paid wages at the rates
submitted by the Central Electoral Committee and approved by the
Government.
Article 24. Changing the Members of Electoral Committees
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 upon having considered the
complaint concerning the decision of the electoral committee of
the electoral area.
2. The electoral committee may consider only the justified
proposal of a party or political organisation to recall the
member of the electoral committee whom it has nominated.
3. As necessary, new chairman or member of the electoral
committee shall be appointed according to the procedure
established by this Law.
IV. Voter Lists and VOTER CERTIFICATES
Article 25. Voter Lists
1. For the organisation of elections, the following voter
lists shall be compiled:
1) voter list of the Republic of Lithuania;
2) voter lists of one-candidate electoral areas; and
3) voter lists of electoral districts.
2. Voter lists shall be drawn up twice - provisional and
final. These lists may be used only for organisation and
execution of elections.
3. The procedure for compiling voter lists must be such that
every citizen of the Republic of Lithuania who is entitled to
vote shall be registered in voter lists. No one may be registered
in a voter list more than once.
4. For the organisation of election campaign, at the request
of parties and political organisations which have nominated a
candidate or candidates, generalised voter lists (without
surnames of voters, dates of birth, exact address of residence)
may be drawn up. The actual expenditures related to drawing up of
said lists shall be paid by the party, political organisation or
a candidate who has ordered them.
5. The voter list of the Republic of Lithuania and the voter
lists of one-candidate electoral areas which are drawn up and
kept by the registrar of the population register, shall be
compiled in magnetic media. The procedure and form of compiling
of lists, method of compiling and the procedure for the use
thereof shall be established by the Central Electoral Committee.
Article 26. General Procedure for Registering Citizens in
Voter Lists
1. All citizens of the Republic of Lithuania who have the
right to vote shall be registered in the voter list of the
Republic of Lithuania according to the data of issuance of the
document (passport) confirming the citizenship, and according to
the population register of the Republic of Lithuania. Lists
compiled according to these data shall be provisional.
2. Compiling, checking and execution of voter lists shall be
organised by the Central Electoral Committee on the basis of the
information furnished by state institutions and electoral
committees of electoral areas.
3. The following persons shall be struck from the voter list
of the Republic of Lithuania:
a citizen of the Republic of Lithuania who has died;
a person who has lost the citizenship of the Republic of
Lithuania; and
a citizen who has been declared legally incompetent by the
court.
4. Provisional voter lists with changes done therein and
acknowledged in the procedure established by the Central
Electoral Committee shall be not more than 7 days prior to the
election approved as final voter lists. Changes in final voter
lists may be done only with the consent of the Central Electoral
Committee.
Article 27. Voter Lists of One-Candidate Electoral Areas
The voter list of one-candidate electoral area shall be made
in magnetic media by the Central Electoral Committee according to
the voter list of the Republic of Lithuania and the place of
residence of a voter indicated therein, and shall be delivered to
the electoral committee of an electoral area at least 65 days
prior to the election. Lists of voters residing abroad shall be
drawn up concurrently and shall be delivered to diplomatic
missions of the Republic of Lithuania. A list of citizens whose
place of residence is unknown shall be also drawn up.
Article 28. Voter Lists of Electoral Districts
The voter list of an electoral district shall be drawn up by
the electoral committee of an electoral area according to the
voter list of an electoral area and the place of residence
indicated therein, and shall be delivered to the electoral
committee of an electoral district at least 55 days prior to the
election. A list of citizens whose place of residence is unknown
shall be also compiled. Voters, ship's crew members and
passengers who will be unable to return to Lithuania during the
period of voting by post or to be present on the election day,
shall, according to the procedure established by the Central
Electoral Committee, be registered in a voter list of the
electoral district on the territory whereof a ship's registration
harbour or the administration of a ship's owner is located.
Article 29. Public Announcement of Voter Lists and Access to
Voter Lists
The electoral committee of an electoral district, diplomatic
mission shall, at least 55 days prior to the election, provide
conditions for the voters to have access to voter lists. The time
and place for the voters to implement this right shall be
indicated at the entrance to the premises of an electoral
committee, situated in the diplomatic mission.
Article 30. A Voter Certificate
1. A voter certificate shall be a document issued by an
electoral committee specifying in the voter list of which
electoral district a citizen of the Republic of Lithuania is
registered. One cannot vote by post without this certificate.
2. A voter's certificate shall contain:
1) the name and surname of the voter;
2) the birth date of the voter (year, month, day);
3) the address of the voter;
4) the name and number of a one-member electoral area in
which the voter shall vote;
5) the name, number of the electoral district in whose list
of voters the name of the voter has been included, as well as the
address of the polling place; and
6) the consecutive number of a voter in the voter list of an
electoral district.
Article 31. Delivery of Voter Certificates
1. The delivery of voter certificates to voters shall be
organised by the electoral committee of an electoral district.
The diplomatic mission shall deliver or send by post voter
certificates to the voters who are abroad, provided that he has
informed the diplomatic mission of his address. A voter
certificate shall not be delivered to the voter who shall vote in
a ship.
2. The delivery of voter certificates shall be noted in the
provisional voter list of an electoral district. A voter
certificate shall be either delivered to the voter personally or
to the other person who lives together with the voter, or to a
neighbour of the voter, 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 40 days before
the election.
3. 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 electoral committee of an electoral
district in whose service territory he is residing, about this
and to produce his passport or other document confirming his
identity to the electoral committee. If the voter is registered
in the voter list of this electoral district, the electoral
committee of the electoral district must write out a new voter
certificate to the voter and issue it to him immediately. If the
voter is not registered in the voter list of this electoral
district, the electoral committee of the electoral district shall
immediately inform the electoral committee of an electoral area
about this, which must have care of registering the voter in the
voter list of this electoral district. The voter certificate
shall be written out and delivered to the voter following upon
checking the accuracy of voter lists.
4. In the manner prescribed by the Central Electoral
Committee, the electoral committee of the electoral area may
write out a voter certificate to the voter who is registered in
the voter list of another electoral area, provided the voter
cannot return to the permanent place of residence to get a voter
certificate or obtain it in any other way. The voter must request
this in writing and present the passport of the citizen of the
Republic of Lithuania with the address of the place of residence
recorded therein.
Article 32. Checking the Accuracy of Voter Lists before
Drawing up Final
Lists
1. The accuracy of provisional voter lists shall be checked
when transferring a voter from one voter list of an electoral
district, electoral area into another, striking from or
registering a voter in the voter list of the Republic of
Lithuania.
2. The voter shall be transferred from one voter list into
another if it becomes clear that the address of his place of
residence in the provisional list is incorrect or it has changed
after said list was drawn up.
3. Transferring of the voter from the voter list of one
electoral district into another in the same electoral area shall
be executed by the electoral committee of the electoral area and
it shall inform the Central Electoral Committee about the changes
made in voter lists of electoral districts. Transferring of the
voter from the voter list of one electoral area into another
shall be executed by the Central Electoral Committee on the
recommendation of the electoral committee of the electoral area
and shall inform the electoral committees of electoral area about
the done changes. Only the Central Electoral Committee may
register a voter in or strike him from the voter list of the
Republic of Lithuania in the cases provided for in Article 26 of
this Law.
Article 33. Registration of the Citizens of the Republic of
Lithuania,
Staying Abroad, in Voter Lists
1. The citizens of the Republic of Lithuania staying in
other states shall be registered in the voter list of the one-
candidate electoral area on whose territory the Seimas of the
Republic of Lithuania is situated.
2. A diplomatic mission of the Republic of Lithuania shall,
at least 15 days before the election to the Seimas, submit to the
Central Electoral Committee the voter list compiled in the
diplomatic mission, as well as the data concerning checking the
accuracy of said list. This list may be supplemented with the
voters who will be unable to return to Lithuania during the
period of voting by post or to be present on the day of the
election, and who shall vote in diplomatic missions.
Article 34. Registration of National Defence Servicemen,
Voters who are
Aboard a Ship and in Places of Confinement in
Voter Lists
1. Voters performing the active or alternative service shall
be included in the voter lists of the electoral district on whose
territory they permanently resided before they have been summoned
for the active or alternative service.
2. Officers, non-commissioned officers and re-enlistees of
the national defence system and the internal affairs service
shall be included in the voter lists of the electoral district on
whose territory they permanently reside.
3. The voters who are aboard a ship and who will be unable
to return to Lithuania during the period of voting by post or to
be present on the election day, shall be registered in the
additional voter list of the electoral district in whose voter
list the ship's crew is registered.
4. Voters who are in places of confinement shall be
registered in the voter list of the electoral district on whose
territory they have permanently resided before they were placed
in confinement. If a person who is in a place of confinement
requests in writing, he shall be registered in the voter list of
the electoral district on whose territory the place of
confinement is situated.
Article 35. Checking the Accuracy of Voter Lists upon
Compiling Final
Voter Lists, as well as on the Election Day
If following the approval of the final voter lists, but no
later than until two o'clock p.m. on the election day, a voter
addresses the electoral committee of an electoral district and
submits the passport of the citizen of the Republic of Lithuania
with the address of the place of residence recorded therein,
which is attached to the territory of this electoral district,
but the voter is not registered in the voter list of this
electoral district, the electoral committee of the electoral
district shall register the voter in the additional voter list of
the electoral district and shall allow him to vote according to
the procedure established by the Central Electoral Committee and
shall immediately inform the electoral committee of the electoral
area about the voter's surname, name, personal code, his passport
number and the address recorded in the passport. The electoral
committee of the electoral area shall check if the voter is
registered in the voter list of the electoral area 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 electoral
district. The other vote of the voter, received by post or when
cast according to the additional voter list of the electoral
district shall not be counted.
Article 36. Complaints Concerning Voter Lists
1. A voter or a representative of the party, political
organisation may lodge complaints about the errors made in voter
lists due to which the voter is not registered in the voter list
in the manner prescribed by this Law or is registered in several
voter lists with the electoral committee of the electoral
district no later than 7 days before the election. The electoral
committee of the electoral district must consider the complaint
and adopt a decision thereon either immediately or within 2 days
of the receipt thereof, if more than 10 days are left until the
election day.
2. The decision of the electoral committee of an electoral
district may be within 3 days appealed against in the local
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 established for filing comments or
complaints.
4. Electoral committees of electoral districts shall report
to the electoral committee of the electoral area about the
received complaints and changes made in the voter lists by the
court's decision, and the electoral committee of the electoral
area shall report to the Central Electoral Committee as soon as
possible but no later than within 12 hours.
V. NOMINATION OF CANDIDATES FOR SEIMAS MEMBER
Article 37. Nomination of Candidates for Seimas Member
1. The following may nominate candidates for Seimas member:
1) in one-candidate and multi-candidate electoral areas -
the party or political organisation which have been registered
pursuant to the Law on Political Parties and Political
Organisations no later than 35 days prior to the election;
2) in a one-candidate electoral area - every citizen of the
Republic of Lithuania who qualifies to be elected as a Seimas
member, may nominate himself for Seimas member, provided his
candidature is supported by signatures of no less than 1,000
voters of that electoral area.
2. In multi-candidate electoral areas parties and political
organisations shall nominate their candidates by presenting a
list of candidates in which candidates are recorded in such
succession as established by the party or political
organisations. Unless the statutes of a party or political
organisation provide otherwise, candidates in one-candidate
electoral areas and the list of the candidates, recorded in
succession, in a multi-candidate electoral area must be approved
at the congress or conference of the party, political
organisation. The list of candidates must not include less than
20 and more than 120 candidates.
Article 38. Application Documents for the Nomination of
Candidates
1. For the nomination of candidates parties and political
organisations must file with the Central Electoral Committee the
following application documents:
1) an application for the participation in the election;
2) copies of their statutes, amendments thereto, and
registration papers. The programme, election programme of the
party, political organisation may be submitted as well;
3) the list of candidates nominated in a multi-candidate
electoral area;
4) the list of candidates nominated in one-candidate
electoral areas;
5) an obligation signed by each nominated candidate,
provided he is elected, to terminate his employment or any other
activities incompatible with the status of Seimas member, a
consent to be nominated by this party, political organisation in
a concrete electoral area, a questionnaire for a candidate for
Seimas member filled in by the candidate himself, as well as the
extract containing the basic data from the income and property
declaration, presented to the State Tax Inspectorate, approved by
that tax inspectorate to which the declaration has been
submitted. It shall also have the right to submit photographs and
autobiography of each candidate;
6) a power of attorney for a representative for elections to
represent it in the Central Electoral Committee, it shall also
have the right to submit powers of attorney to represent it and
the candidates nominated by it in electoral committees of
electoral areas;
7) documents certifying that the election deposit has been
paid;
8) if the party, political organisation nominated candidates
or candidates' 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 and
Municipal Councils, concerning the sources and use of funds for
the election campaign;
9) a copy of the declaration concerning the last year's
financial activities, presented to the financial institution,
which had to be submitted pursuant to the Law on Political
Parties and Political Organisations, and which is approved by the
tax inspectorate to which this declaration was submitted, and it
may submit a copy of the account (report), which had to be
publicly announced according to the Law on Political Parties and
Organisations, concerning the budget receipts and their sources,
expenditures and their purpose; and
10) a copy of the declaration, submitted to the financial
institution, concerning the financial activities from the
beginning of the current year to the day when 80 days are left
before the election, which is approved by the tax inspectorate to
which the said declaration was presented, and may submit a copy
of the account (report), which has been publicly announced,
concerning its budget receipts and their sources, expenditures
and their purpose from the beginning of the current year to the
day when 80 days remain before the election.
2. The person who has decided to nominate himself as the
candidates for Seimas member, must submit to the electoral
committee of the electoral area the following documents:
1) an application concerning his nominating himself as the
candidate for Seimas member in this electoral area;
2) a signed obligation, provided he is elected, to terminate
his employment or any other activities incompatible with the
status of Seimas member, questionnaire for a candidate for Seimas
member filled in by the candidate himself, as well as the extract
containing the principal data, approved by the tax inspectorate
to which the declaration has been submitt …
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