tampered with, in the presence of at least 3/5 if the members of the committee as well as observers, it shall be opened, all ballot papers shall be placed on tables on which there are no other documents and writing-materials ( except black lead pencils), and the committee shall start calculating votes. Ballot papers shall be sorted out according to electoral areas, then - into valid and invalid ballot papers. Valid ballot papers shall be divided into groups according to the marks made in them by voters. Each group of ballot papers must be recounted at least two times. For the second time ballot papers must be calculated by other members of the committee.
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3.Votes shall be calculated in such a way that all persons present during the calculation of votes might observe this procedure and marks made by voters in ballot papers, and be sure that votes are calculated fairly and honestly.
\n
4.The Central Electoral Committee shall establish the concrete procedure for the calculation of votes not later than 20 days before the election.
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Article 77Keeping of the Records of Voters who have Voted
\n
by Post and the Calculation of the Votes 1. After the calculation of ballot papers found in the ballot box, ballot papers received by post shall be calculated in the following procedure:
\n
1)the chairman of the electoral committee of the electoral district shall present, unopened, all outer envelopes received by post. Their number shall be announced and entered in the vote calculation record;
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2)outer envelopes shall be opened one at a time;
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3)a voter certificate shall be taken out of the outer envelope, the voter's surname shall be read aloud, it shall be checked against the voter list of the electoral district, and the voucher envelope shall be stamped with the seal of the electoral district. If the person on the voter certificate is not on the voter list; if the voter has already signed the voter list indicating that he has already voted in the electoral district; if another envelope for voting by post has been received from the same voter; if there is no voter certificate in the outer envelope; or if there is more than one voucher envelope in the outer envelope - the seal shall not be affixed and the ballot papers in the envelope shall be considered invalid. This fact must be noted on the voucher envelope (voucher envelopes);
\n
4)in the voter list of the electoral district, the words \"has voted by post\" shall be written by the surname of the voter whose vote has been received by post;
\n
5)the sealed voucher envelope shall be cast into the ballot box prepared and sealed according to the established requirements; and
\n
6)when all envelopes received by post have been inspected, the ballot box shall be opened and the sealed voucher envelopes shall be opened. If there is more than one ballot paper of the one-candidate and multi-candidate electoral area in the voucher envelope, all ballot papers in the envelope shall be considered invalid. Then the votes received by post shall be calculated according to the requirements of Article 76.
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2.If only one sealed voucher envelope is in the electoral district (committee), it, in order to protect the secrecy of voting, shall not be opened, and shall be handed over to the electoral committee, which has formed this committee, which shall enter the results of the voting in its vote calculation record.
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Article 78Vote Calculation Records in the Electoral
\n
District 1. Two vote calculation records shall be drawn up in every electoral district: one of the one-candidate electoral area and one of the multi-candidate electoral area.
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2.The vote calculation record of the one-candidate electoral area shall include the following:
\n
1)the number of voters in the electoral district;
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2)the number of ballot papers of the one-candidate electoral area received from the electoral committee of the electoral area;
\n
3)the number of ballot papers delivered to each member of the committee, the number of ballot papers delivered to voters, the number of voters' signatures, the number of voter certificates, and the number of unused and spoiled ballot papers;
\n
4)the number of annulled ballot papers;
\n
5)the number of voters who have voted in the polling place of the electoral district;
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6)the time of the opening of the ballot box;
\n
7)the number of invalid ballot papers found in the ballot box;
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8)the number of valid ballot papers found in the ballot box;
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9)the number of votes found in the ballot box which have been separately cast for each candidate for Seimas member;
\n
10)the number of envelopes received by post and the number of sealed voucher envelopes;
\n
11)the number of invalid ballot papers received by post;
\n
12)the number of valid ballot papers received by post;
\n
13)the number of votes received by post for each candidate for Seimas member;
\n
14)the total number of voters who participated in the elections in the electoral district;
\n
15)the total number of invalid ballot papers in the electoral district; and
\n
16)the total number of votes cast for each candidate for Seimas member.
\n
3.The vote calculation record of the multi-candidate electoral area shall include the following:
\n
1)the number of voters in the electoral district;
\n
2)the number of ballot papers of the multi-candidate electoral area received from the electoral committee of the electoral area;
\n
3)the number of ballot papers delivered to each member of the committee, the number of ballot papers delivered to voters, the number of voters' signatures, the number of voter certificates, the number of unused and spoiled ballot papers;
\n
4)the number of annulled ballot papers;
\n
5)the number of voters who have voted in the polling place of the electoral district;
\n
6)the time of the opening of the ballot box;
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7)the number of invalid ballot papers found in the ballot box;
\n
8)the number of valid ballot papers found in the ballot box;
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9)the number of votes found in the ballot box which have been separately cast for the list of candidates nominated by each party or political organisation (their coalition);
\n
10)the number of envelopes received by post, the number of sealed voucher envelopes;
\n
11)the number of invalid ballot papers received by post;
\n
12)the number of valid ballot papers received by post;
\n
13)the number of votes received by post which have been cast for the list of candidates nominated by each party or political organisation (their coalition);
\n
14)the total number of voters who have participated in the elections in the electoral district;
\n
15)the total number of invalid ballot papers in the electoral district; and
\n
16)the total number of votes cast for the list of candidates nominated by each party or political organisation (their coalition).
\n
4.The number of the voters of the electoral district shall be established according to the voter lists of the electoral district. The number of the voters who have been delivered the ballot papers, shall be established according to the voters' signatures proving that the ballot papers have been received. The number of the voters who have voted in the electoral district shall be established according to the number of the ballot papers found in the ballot box of the electoral district. The number of the voters who have participated in the election shall be established according to the number of the ballot papers found in the ballot boxes of the electoral districts and the number of the ballot papers received by post.
\n
5.If more ballot papers are found in the ballot box than it has been delivered to voters, the committee shall take measures to ascertain the causes. This shall be entered in the vote calculation record, indicating the number of extra ballot papers which were found.
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6.After all data have been entered into the vote calculation record of the electoral district and all ballot papers have been put into sealed packages, the vote calculation records of the electoral district shall be signed by the chairman and members of the electoral committee of the electoral district.
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After that the observers shall sign the records. Their marks, the individual opinions of the members of the committee shall be attached to the records and shall be an inseparable part thereof.
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Article 79Invalid Ballot Papers
\n
1.Invalid ballot papers shall be:
\n
1)ballot papers of an unestablished sample;
\n
2)ballot papers sealed with the seal of the electoral committee of the wrong electoral district (ballot papers received by post - without the seal of the electoral committee of the electoral area);
\n
3)ballot papers of the wrong electoral area;
\n
4)in a one-candidate electoral area, those ballot papers on which the voter has marked more than one candidate for Seimas member, or has not marked any candidate, or it is impossible to ascertain the voter's will from the mark made thereon; and
\n
5)in a multi-candidate electoral area, the ballot papers on which the voter has marked more than one list of candidates or has not marked any list of candidates, or it is impossible to ascertain the voter's will from the mark made thereon. The ballot paper cannot be declared invalid because of the marks in the candidates' rating table or crossing out of the candidates' surnames.
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2.The decision to declare a ballot paper invalid shall be made by the electoral committee of the electoral district.
\n
Article 80The Presentation of Documents of the Electoral
\n
District to the Electoral Committee of the Electoral Area 1. The electoral committee of the electoral district shall put all ballot papers, as well as invalid and unused ballot papers, other election documents into packages, inventory them and affix the seal to them in the manner prescribed by the Central Electoral Committee. The packages shall be delivered together with the vote calculation record and its annexes, voter lists, records of the electoral committee of the electoral district and financial documentation for the whole period of its work to the electoral committee of the electoral area within 12 hours of the closing of voting, unless the Central Electoral Committee provides otherwise.
\n
2.The Central Electoral Committee and the Ministry of Internal Affairs must ensure the safety of transportation of the election documents and the persons transporting them.
\n
Article 81The Calculation of Votes in the Electoral
\n
Committee of the Electoral Area 1. The electoral committee of the electoral area shall accept the documents delivered by the electoral committee of the electoral district and shall check:
\n
1)whether all required documents (packages) have been delivered;
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2)sealing and descriptions of the packages (whether the description is full and correct);
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3)whether all data have been entered in the vote calculation record; if they do not contradict one another; if they correspond to the data available to the electoral committee of the electoral area (the number of ballot papers issued to the electoral committee of the electoral district, the number of voters, the number of outer envelopes received by post); if there are all necessary signatures; whether all individual opinions of the committee members, remarks of observers are attached to the record in which they are specified;
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4)whether all remarks and complaints of voters have been considered in the electoral committee of the electoral district.
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2.The electoral committee of the electoral area shall immediately report the data of the vote calculation record, its comments concerning the documents submitted by the electoral committee of the electoral district to the Central Electoral Committee, in the manner prescribed by it, and shall ensure the safety of submitted documents.
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3.The packages sealed by the electoral committees of the electoral districts, which contain ballot papers, may be opened in the electoral committee of the electoral area only by the decision of the electoral committee of the electoral area.
\n
4.Upon establishing the shortage of documents submitted by the electoral committee of the electoral district, the electoral committee of the electoral area shall take measures to eliminate the shortage, request the chairman of the electoral committee of the electoral district to supply the missing documents.
\n
5.The electoral committee of the electoral area shall calculate the votes in the following manner: sums up the documents submitted by the electoral committees of the electoral districts and adds to them those votes cast by the voters by post, which have been counted in the electoral committee of the electoral area.
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Article 82The Presentation of Vote Calculation Documents
\n
of the Electoral Area to the Central Electoral Committee All documents (except financial documentation) received from electoral districts, voter lists, the vote calculation record of the electoral area, the records of the electoral committee of the electoral area for the whole period of the activities and other election documents shall be put into special packages and sealed by the electoral committee of the electoral area. Packages shall be delivered to the Central Electoral Committee within the time period established by the Central Electoral Committee.
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Article 83The Participation of Observers in the
\n
Calculation of Votes and Establishment of Election Results 1. The election observers and also representatives of the mass media may participate in the calculation of votes in electoral districts and areas, and also in the establishment of election results in electoral areas.
\n
2.The observers shall have the right to make remarks and claims to the appropriate electoral committees concerning the violations of this and other laws of the Republic of Lithuania, but they must not hinder the work of electoral committees. The observers shall have the right to make a written protest to the electoral committee of the electoral district, which is attached to the vote calculation record of the electoral district and delivered to the electoral committee of the electoral area together with other election documents of the electoral district.
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The protest of the election observer to the electoral committee of the electoral area shall be attached to the vote calculation record of the appropriate electoral area. The protests shall be considered by that electoral committee to whom they have been filed.
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Article 84Publication of the Preliminary Election Results
\n
1.Preliminary election results may be publicised only by the Central Electoral Committee. If the electoral committee of the electoral area delivers the preliminary data of the election results in all electoral districts, the Central Electoral Committee must immediately prepare a report to the mass media.
\n
This report shall be submitted to the Lithuanian Telegram Agency in the first place.
\n
2.The representatives of the mass media shall be prohibited from disseminating the information about vote calculation or election results by video or sound recording equipment, orally, in writing, or otherwise, until the report of the Central Electoral Committee.
\n
Article 85Complaints against the Decisions of Electoral
\n
Committees which Have Been Adopted after the Closing of Voting 1. Parties, political organisations which have nominated a candidate for Seimas member, candidates for Seimas member, their representatives for elections, election observers may appeal against the decisions of electoral committees of electoral districts concerning the drawing up of vote calculation records to the electoral committee of the electoral area not later than within 24 hours of their drawing up. These complaints must be considered not later than within 24 hours.
\n
2.The decisions of the electoral committee of the electoral area concerning vote calculation records may be appealed against to the Central Electoral Committee not later than within 72 hours following their drawing up and must be considered before the official proclamation of election results.
\n
3.While considering complaints against the decisions of electoral committees of electoral districts concerning the drawing up of vote calculation records, electoral committees of electoral areas, in the presence of at least 3/5 of the committee members, may recount ballot papers which are presented by the electoral committee of the electoral district, and, in the event of an arithmetical error in the records, incorrectly calculated valid and invalid ballot papers, the committees shall draw up an additional vote calculation record of the electoral district and attach it to the vote calculation record of the electoral district. The electoral committee of the electoral area shall not have the right to nullify the vote calculation records of the electoral committee of the electoral district.
\n
4.While considering the complaint against the decision of the electoral committee of the electoral area concerning the drawing up of the vote calculation record of the electoral area, the Central Electoral Committee may recount ballot papers which are presented by the electoral committee of the electoral area, and, in the event of an arithmetical error in the record, incorrectly calculated valid or invalid ballot papers, shall draw up an additional vote calculation record of the electoral area, electoral district and attach it to the vote calculation record of the electoral area.
\n
5.Parties, political organisations which have nominated candidates for Seimas member, as well as candidates for Seimas member, may appeal against the decisions of the Central Electoral Committee or against the refusal of the Central Electoral Committee to consider complaints concerning the violations of the Law on Elections not later than within 24 hours after the official proclamation of the election results, to the Seimas or the President of the Republic. In such cases, the Seimas or President of the Republic shall, not later than within 48 hours, appeal to the Constitutional Court with the inquiry concerning the violation of the Law on Elections to the Seimas.
\n
Article 86Vote Calculation Records of the Electoral
\n
Committee of the Electoral Area 1. In accordance with vote calculation records, ballot papers and other documents of electoral districts, the electoral committee of the electoral area shall establish:
\n
1)the number of voters who have participated in the elections in the electoral area;
\n
2)the number of invalid ballot papers in the electoral area;
\n
3)the number of ballot papers valid in the electoral area;
\n
4)the number of votes cast for each candidate for Seimas member; and
\n
5)the number of votes cast for each list of candidates 2. The chairman and the members of the electoral committee of the electoral area shall sign the vote calculation record of the electoral committee of the electoral area only after considering individual opinions of the members of the electoral committees of the electoral districts, remarks of observers and complaints of voters. The electoral committee of the electoral area may recommend the Central Electoral Committee to declare the election in the electoral area invalid.
\n
XI. ESTABLISHMENT AND PROCLAMATION OF ELECTION RESULTS
\n
Article 87The Establishment of Election Results in One
\n
candidate Electoral Areas 1. The election results shall be established by the Central Electoral Committee after having considered all complaints and established all election results in this electoral area, including of the voters who have voted on ships and abroad.
\n
2.Elections shall be considered to have been held in one- candidate electoral areas if more than 40 percent of the voters registered in the voter list of that electoral area participate in the elections.
\n
3.A candidate shall be considered elected when more than half of the voters participating in the elections vote for him in the elections.
\n
4.If more than two candidates were standing for election in the electoral area and none of them are elected to the office of Seimas member, the Central Electoral Committee, adhering to the requirements of this Law, shall, within two weeks of the proclamation of the election results, hold a repeat voting between the two candidates who received the most votes in the first voting. After the repeat voting, the candidate for whom more voters cast votes shall be considered elected. If an equal amount of votes is cast for both candidates, the candidate for whom more voters voted in the first round of the election shall become a Seimas member. If the equal amount of votes was cast for both candidates in the first round of the election as well, the older candidate shall become a Seimas member.
\n
5.If, in the electoral area, no more than two candidates were standing for election and neither of them was elected, the repeat elections shall be held.
\n
Article 88The Establishment of the Election Results in a
\n
Multi- candidate Electoral Area 1. The elections shall be considered to have been held in a multi-candidate electoral area if more than one fourth of all voters have participated in them.
\n
2.The list candidates of the party, political organisation may receive mandates of Seimas member (takes part in the distribution of mandates) only if at least 5 percent of the voters participating in the elections voted for it. The joint list of candidates, drawn up in accordance with Article 43 of this Law, may receive mandates of Seimas member (takes part in the distribution of mandates) provided that not less than 7 percent of the voters who participated in the election have voted for it. If less than 60 percent of all voters who participated in the election have voted for the lists, taking part in the distribution of mandates, the list (lists if an equal amount of votes has been cast for them), which has not taken part in the distribution of mandates up till then, for whom the majority of voters have voted shall acquire the right to take part in the distribution of mandates. The number of lists of candidates which have the right to participate in the distribution of mandates shall be further increased in the same manner until not less than 60 percent of all the voters who participated in the election shall have voted for the lists of candidates participating in the distribution of mandates.
\n
3.Mandates for lists of candidates shall be distributed according to the number of votes received by each of them, applying the method of quotas and remainders.
\n
4.At first, the quota shall be counted, that is, how many votes are needed to receive 1 mandate. It shall be equal to the sum of votes, divided by 70, cast by voters for the lists participating in the distribution of mandates. If when dividing, a remainder is received, 1 shall be added to the quotient.
\n
5.The amount of votes cast for each list shall be divided by the quota. The received integer quotient shall be the number of mandates for each list according to the quota and the remainders of this division shall be used to distribute the remaining mandates according to the remainders. Therefore, all names of the lists shall be written down in succession in which the first follows the last, according to the size of the remainders of the dividing received by the lists, beginning with the largest. If the remainders of two lists are equal, the first written down shall be the list which have received more votes of voters and if these numbers are also equal, the first written down shall be the list which has received more mandates in all one-candidate electoral areas. If the number of mandates is also equal, the first written down shall be the list which possesses the smaller election number. The mandates which have not been distributed when distributing by the method of quotas shall be distributed by one to the lists according to the succession, beginning with the list which was written down first.
\n
6.If one of the lists received the larger number of mandates than there were candidates on the list, these mandates would be distributed to other lists, further continuing the dividing thereof by the method of remainders.
\n
7.Candidates of the same list shall receive mandates in the numerical order established by the Central Electoral Committee which has established the rating of candidates. Those candidates who are elected in one-candidate electoral areas shall be omitted from the list.
\n
8.If the party, political organisation, coalition submits together with the application documents the request that the rating of their candidates should not be established, voters shall be notified about this in advance, indicating this in a ballot paper and the rating of candidates shall not be counted, and the registered sequence of candidates on the list shall be considered final.
\n
Article 89Calculation of the Rating of Candidates for
\n
Seimas Member and Establishment of the Final Order of Lists 1. The Central Electoral Committee shall calculate the rating of candidates for Seimas member and shall establish a final succession of lists.
\n
2.At first it shall be calculated how many voters have expressed a positive opinion about the candidate, how many of them crossed his surname out and how many voters have not expressed any opinion about the candidate in the rating table.
\n
Marks beside the surnames of the candidates from other lists for whom the voter has not voted shall not be calculated.
\n
3.Then the points of the rating received by each candidate for Seimas member shall be calculated, which are equal to the product of two numbers - the first factor (election rating) and the second factor (party's rating). The first factor (election rating) shall be obtained by adding the number of voters who have positively evaluated this candidate to the number of voters who have voted for the list containing the surname of the candidate, and subtracting the number of voters who have crossed out the surname of this candidate. The second factor (party's rating) shall be obtained by adding one to the number of candidates on that list which contains the surname of this candidate, and subtracting the candidate's number on the list.
\n
4.The final order of candidates for Seimas member on the lists shall be established according to the points of the rating received by each candidate. The first written down in the succession shall be the candidate who have received more points of the rating. In the event that several candidates receive the equal amount of the rating points, then the first written down shall be the candidate whose election rating is higher. If the election ratings of candidates are also equal, than the first written down shall be the candidate whose party's rating is higher.
\n
5.The final succession of the lists of candidates for Seimas member shall be publicised by the Central Electoral Committee on the same day as the results of a repeat voting in one-candidate electoral areas.
\n
Article 90The Declaration of the Election as Invalid
\n
1.The Central Electoral Committee may declare the election results in the electoral area invalid if it establishes that severe violations of this Law which were committed in the electoral district or electoral area, the falsification of documents or the loss thereof had an essential influence on the election results, and the following essential results cannot be determined from the vote calculation records or other election documents: in a one-candidate electoral area - the candidate who gets a mandate or the candidates who will participate in a repeat voting; in a multi-candidate electoral area - the list of candidates which take part in the distribution of mandates, or the number of mandates due to the list of candidates can be determined at the exactness of only more than one mandate.
\n
2.The election cannot be declared invalid if the indisputably determined election results allow to determine essential election results.
\n
Article 91Repeat Elections
\n
1.Repeat elections shall be held:
\n
1)in electoral areas where the election has not been held or declared invalid; and
\n
2)in the case provided in paragraph 5 of Article 87 of this Law.
\n
2.Repeat elections shall be held not later than within half a year, and after the repeat election which have not been held - not later than within a year.
\n
3.The concrete procedure for holding repeat elections according to the requirements and terms set for holding elections to the Seimas shall be established by the Central Electoral Committee taking into consideration the fact that a repeat election is held in one of the one-candidate electoral areas.
\n
When establishing the procedure for holding the repeat election, the Central Electoral Committee cannot change the boundaries of electoral areas. The citizens, permanently residing on the territory of an electoral area who are aged 18 or over on the day of the repeat election shall be additionally registered in the voter list of this electoral area, and only the persons who have lost the right to vote shall be crossed out. The voting shall not be conducted abroad, on ships (with the exception of the case when the voters residing abroad or the crews of ships are registered in the voter lists of the electoral area in which a repeat election shall be held), in the post offices which are not located on the territory of this electoral area (except the central post offices of towns, regions).
\n
4.Repeat elections shall not be held if the election date planned to be announced falls within the period when less than half a year remains before the expiration of the powers of the Seimas
\n
Article 92Establishment and Proclamation of the Final
\n
Election Results 1. The Central Electoral Committee shall establish the final election results after it has considered all complaints and established all election results in this electoral area, including of the voters who have voted on ships and abroad 2. The Central Electoral Committee shall proclaim the final election results in a one-candidate electoral area not later than within 7 days following the election, and in a multi-candidate electoral area - from the repeat elections in one-candidate electoral areas. It shall announce these results to the Lithuanian Telegram Agency in the first place and shall publish in the next issue of the Valstybës Þinios.
\n
3.The Central Electoral Committee shall within three months from the proclamation of the final election results issue a book about the election results and shall within four months transfer the vote calculation records of electoral districts and electoral areas, application documents (except the forms for the collection of signatures), minutes of the sittings and the decisions of the Central Electoral Committee, as well as the collection of samples of election documents to the State Archives for unlimited safe keeping. After that it may decide to destroy the election documents which are not subject to safe keeping.
\n
Article 93The certificate of Seimas Member
\n
1.After the proclamation of election results the Central Electoral Committee shall issue certificates of Seimas member to the elected candidates within 3 days.
\n
2.All disputes concerning the non-issuance of the certificate of Seimas member shall, not later than within 3 days, be settled by the Vilnius county court whose decision shall come into force from the moment of its announcement.
\n
Article 94Inquiry Concerning the Violation of the Law on
\n
Elections to the Seimas 1. Not later than within 3 days of the official proclamation of the election results or the announcement of the decision of the Central Electoral Committee concerning occurring or filling a vacancy in the Seimas, the Seimas of the Republic of Lithuania as well as the President of the Republic may appeal to the Constitutional Court with the inquiry whether the Law on Elections to the Seimas has been violated.
\n
2.The Constitutional Court shall investigate and evaluate the decision of the Central Electoral Committee or its refusal to consider complaints concerning the violations of the Law on Elections to the Seimas in those cases when decisions have been adopted or another deed of the Committee has been performed after the closing of voting.
\n
3.This inquiry shall be investigated by the Constitutional Court not later than within 72 hours of its submission to the Constitutional Court. Non-working days shall be included in this period.
\n
4.Basing itself on the findings of the Constitutional Court, the Seimas of the Republic of Lithuania shall adopt the final decision concerning the violation of the Law on Elections to the Seimas.
\n
5.If the Constitutional Court makes a conclusion that the Law on Elections to the Seimas has been severely violated or election documents have been falsified and this has had an essential influence on the establishment of the election results, the Seimas of the Republic of Lithuania may pass one of the following resolutions:
\n
1)to declare the elections in the one-candidate or multi- candidate electoral area invalid - when, from the vote calculation records, it is impossible to establish essential election results; or
\n
2)to establish real essential election results according to the vote calculation records or other election documents submitted by electoral committees.
\n
6.The Seimas shall also pass a resolution on legally and illegally elected Seimas members.
\n
7.If the Constitutional Court makes a conclusion that the essential election results established by the Central Electoral Committee are incorrect or its actions are not in compliance with this Law, the Seimas shall concurrently adopt a resolution to terminate the powers of the members and the chairman of the Central Electoral Committee before the expiration of the term and shall not later than within 7 days form a new Central Electoral Committee.
\n
Article 95Recognising the Powers of a Seimas Member as
\n
Terminated The Central Electoral Committee shall recognise the powers of a Seimas member terminated, with the exception of the cases provided for in paragraph 6 of Article 94 of this Law, not later than within 15 days after the occurrence of a cause for it:
\n
1)upon the death of a Seimas member - according to a notarised copy of the death certificate;
\n
2)upon the resignation of a Seimas member - according to the resignation statement written by the Seimas member himself.
\n
The Seimas member must repeat this statement himself during a sitting of the Central Electoral Committee. If because of the health conditions the Seimas member is unable to attend the sitting, the sitting shall be held in the place where the Seimas member is at that time;
\n
3)when the court declares a Seimas member legally incompetent - according to the effective decision of the court;
\n
4)when the Seimas revokes the mandate of a Seimas member in accordance with impeachment proceedings - according to the effective resolution of the Seimas;
\n
5)if a Seimas member takes up, or does not resign from employment which is incompatible with the duties of Seimas member;
\n
6)if a Seimas member loses citizenship of the Republic of Lithuania - according to the effective legal act concerning the loss of citizenship; and
\n
7)if a Seimas member does not take an oath in the manner prescribed by the law or takes a conditional oath - according to the effective resolution of the Seimas.
\n
Article 96Filling a Vacant Seat in the Seimas
\n
Upon recognising the powers of a Seimas member as terminated, a vacancy occurs in the Seimas. It shall be filled in the following manner:
\n
1)if the former Seimas member was elected in a one- candidate electoral area, new elections shall be organised in this electoral area. New elections must be held not later than within 6 months. The elections shall not be held if the election date planned to be announced falls within the period when less than half a year remains before the expiration of the powers of the Seimas. The Central Electoral Committee shall establish the concrete procedure for holding new elections according to the requirements and terms established by this Law, taking into consideration the fact that new elections are held in one of the one-candidate electoral areas. When establishing the procedure for holding new elections, the Central Electoral Committee cannot change the boundaries of an electoral area. The citizens, permanently residing on the territory of an electoral area who are aged 18 or over on the day of the new elections shall be additionally registered in the voter list of this electoral area, and only the persons who have lost the right to vote shall be crossed out from the list . The voting shall not be conducted abroad, on ships (with the exception of the case when the voters residing abroad or the crews of ships are registered in the voter lists of the electoral area in which new elections are held), in the post offices which are not located on the territory of this electoral area (except the central post offices of towns, regions);
\n
2)in a multi-candidate electoral area the top unelected candidate from the list of candidates in which the former Seimas member was elected to the presently vacant seat shall become a Seimas member. If there are no candidates in this list of candidates who have not received mandates of Seimas member, the mandate of Seimas member shall be transferred to another list according to the sequence of the lists of candidates which was established after the election for the distribution of mandates by the method of remainders, that is to the list following the list which was the last to receive the mandate according to this sequence. So the first unelected candidate on the list which has newly received a mandate shall become a Seimas member. The Central Electoral Committee must adopt the decision concerning recognition of the mandate of Seimas member for a new Seimas member not later than within 7 days after the occurrence of a vacant seat in the Seimas.
\n
Article 97Loss of the Mandate of Seimas Member because of
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the Co- operation with the Special Services of Foreign States, which has not been Publicly Announced to Voters 1. Each candidate for the post of Seimas member must publicly announce about his conscious co-operation with the special services of foreign states, provided that he was not thereby carrying out the assignments of the Republic of Lithuania. He shall indicate this fact in the questionnaire for a candidate for Seimas member. An election poster of a candidate for Seimas member, issued by the Central Electoral Committee, as well as a poster with the list of candidates must contain the following notice beside the surname of the candidate: \"Has consciously and not on the instruction of the Republic of Lithuania co-operated with the special services of a foreign state\".
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2.If the candidate fails to indicate this and a court's decision is valid, whereby a fact having juridical meaning is established that he consciously co-operated with the KGB or other foreign special services which was not related to carrying out the assignments of the Republic of Lithuania, the Central Electoral Committee shall not register him, and in the event it has already registered him a candidate for Seimas member, the Central Electoral Committee shall immediately cancel his registration as a candidate for Seimas member. If the candidate has not indicated it and after the election to the Seimas his conscious co-operation with the KGB or other foreign special services which was not related to carrying out the assignments of the Republic of Lithuania is proved according to the procedure established by law, his Seimas member powers shall be terminated from that day forward.\"
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Article 2The Entry into Force of Article 38, Paragraph
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1, Item 9 , Article 41, Paragraph 3, and Article 96, Item 2 of the Law on Elections to the Seimas Article 38, par.1, item 9, Article 41, par. 3, and Article 96, item 2 of the Law on Elections to the Seimas shall enter into force upon the expiration of the term of the powers of the Seimas members who were elected in 1992.
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I promulgate this Law passed by the Seimas of the Republic of Lithuania.
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Algirdas Brazauskas President of the Republic Vilnius 27 June 1996 No.I-1408