📄 Įstatymo tekstas
REPUBLIC OF LITHUANIA
official translation
REPUBLIC OF LITHUANIA
LAW
ON THE AMENDMENT OF
THE LAW ON ELECTIONS TO THE SEIMAS
27 June 1996, No.I-1408
Vilnius
(Žin., 1992, No.22-635, No.24-710; 1993, No.10-234; 1994, No.89-1718;
1995, No.7-142)
(As amended by 9 October 1997)
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 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 Election 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-member 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 meetings live 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 Valstybės žinios 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 Valstybės žinios 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 the 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 Chairperson;
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 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 allow these laws of the Republic of Lithuania to implement the instructions 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 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 candidates;
11) hand over voter lists, 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 elections of the President of the Republic, or a referendum are concurrently held on the same day, the same electoral 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. (Amended 9 October 1997)
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 appoint a member of the committee.
6. Electoral committees of electoral areas shall appoint 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. 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 separate opinion in writing, which shall then be appended to the minutes of the sitting and shall be an inseparable part thereof.
2. Upon the end of elections, the powers of the chairmen, members of electoral committees of 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, representative for elections, 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, firms, offices, and institutions, 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 an 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, shall 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. 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.
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 in Article 26 of this Law.
Article 33. Registration of Citizens of the Republic of Lithuania, Staying Abroad, in Voter Lists
1. 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 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 for the candidates for Seimas member, must submit to the electoral committee of the electoral area the following documents:
1) application concerning his nominating himself for 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 submitted, from the property and income declaration, which has been submitted to the State Tax Inspectorate. He shall also have the right to submit photographs, autobiography;
3) a document certifying that election deposit has been paid; and
4) a power of attorney by a candidate for represent him in the Central Electoral Committee and the electoral committee of that electoral area.
3. The electoral committee of an electoral area shall within three days issue to the citizen who has decided to nominate himself as candidate for Seimas member individual forms with the name and surname of the candidate for the collection of voter signatures to collect signatures of voters of that electoral area who support his self-nomination. In the form for the collection of signatures a citizen who supports the person’s self-nomination for Seimas member must fill in the following data himself: surname, name, number of the passport, date of birth, address of the permanent place of residence, and sign it. The candidate must return the forms for the collection of signatures to the electoral committee of an electoral area not later than 40 days before the election. Upon receiving the forms for the collection of signatures, the electoral committee of the electoral area shall verify them within 7 days. The following signatures shall not be counted: the signature of the voter who is not registered in the voter list of that electoral area; if all of the data established in this Law fail to be included, if incorrect data are included; all signatures of the citizen who has signed for the self-nomination of the person several times. If the number of signatures established in this Law has been collected in the forms for the collection of signatures, the electoral committee of the electoral area shall recommend to the Central Electoral Committee to register the person as a candidate for Seimas member. If it is established that citizens’ signatures have been forged, that a principle of voluntariness has been violated while collecting signatures, the electoral committee of the electoral area may recommend to the Central Electoral Committee not to register a candidate for Seimas member.
4. In the Seimas member’s questionnaire a citizen who has nominated himself or has been nominated as a candidate for Seimas member must fill in the following data himself: surname, name, number of the passport, personal code, date of birth, address of the permanent place of residence, whether he has served out a court-imposed punishment, whether he is not a person who is in the active or alternative service, who is an officer, non-commissioned officer or re-enlistee of the national defence system, police and the internal affairs service, who has not retired from service, as well as an officer of other militarised or security service, who is on the payroll, and whether he has the citizenship of another state, - and to sign the questionnaire. The persons who have taken an oath of the citizen of other states must repudiate it in writing and to record in the ques …
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