official translation

official translation official translation REPUBLIC OF LITHUANIA LAW ON THE AMENDMENT OF THE LAW ON ELECTIONS TO MUNICIPAL COUNCILS 7 July 1994, No. I-532 Vilnius (As amended 23 December 1996, No. VIII-57; As amended by 9 February 1999, No. VIII-1047) Article 1. Newly Revised Version of the Law of the Republic of Lithuania on Elections to Municipal Councils The Law of the Republic of Lithuania on Elections to Municipal Councils shall be amended and set forth to read as follows: “REPUBLIC OF LITHUANIA LAW ON ELECTIONS TO MUNICIPAL COUNCILS FIRST CHAPTER GENERAL PROVISIONS Article 1. The Fundamentals of Elections of Councillors Members of municipal councils of the Republic of Lithuania (hereafter referred to as "Councillors", and “municipal councils” - as “councils”) shall be elected for a three-year term in multi-candidate electoral areas on the basis of universal and equal suffrage, by secret ballot in direct elections according to the proportional election system. Article 2. Universal Suffrage 1. Citizens of the Republic of Lithuania who on the polling day are aged 18 years shall be entitled to vote. Citizens who have been declared incompetent by  court shall not participate in elections. 2. Any citizen of the Republic of Lithuania who is at least 21 years of age on the polling day may be elected as Councillor. 3. Persons who, with 65 days remaining before elections, have not completed a court-imposed sentence, as well as persons who have been declared incompetent and of diminished responsibility by  the  court  may not be elected as Councillors. 4. Persons who on the polling day are in the active or alternative service, as  well  as officers, non-commissioned officers and re-enlistees of the national defence system, the police and the internal affairs service, officers on the payroll of other militarised  and security services who, with 65 days remaining before elections, have not retired from service 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, type and 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 multi-candidate electoral area within the territory whereof he resides, and this vote shall have the same value as the vote of every other citizen who has the right to vote in the same electoral area. Article 4. Direct Elections There shall be no voting by proxy in elections of Councillors. 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 is unable to vote because of his physical disability, may vote with the assistance of another person whom he trusts, as it is provided in Paragraph 5 of Article 63 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 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. Article 6. Announcement of the Date of Election to the Seimas 1. Members of all councils shall be elected at the same time. 2. Elections to councils shall be announced by the Seimas of the Republic of Lithuania no later than five months prior to the expiration of the powers of the Councillors. If, with four months remaining before the expiration of the powers of the Councillors, the Seimas of the Republic of Lithuania has not announced the date of  elections to councils, council elections shall be held on the last Sunday from which at least a month remains before the expiration of the powers of the Councillors. Elections to councils shall be held no earlier than two months and no later than one month prior to the expiration of the powers of the Councillors. 3. If council elections must be held during military operations, a decision concerning holding of council elections shall be adopted according to special laws or other legal acts. 4. The day when ballots are cast in polling places of electoral districts shall be considered the day of elections to councils. Voting held not at polling places (by post etc.) shall be carried out on or before the polling day as it is provided for in this Law. The term which is calculated from the polling 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.    5. The date of repeat elections in a 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. It shall also announce the election date in the case specified in paragraph 2 of this Article. Article 7. Making the Preparation and Conduct 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 headquarters are 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 elections; establishment of the number of Councillors; formation and change of the composition of the committees of electoral areas; registration of candidates for Councillor; issues determined by drawing lots; establishment of election results and final election results; termination of the powers of a Councillor before the expiration of the term of office; recognition of the powers of a new Councillor, as well as consideration of disputes concerning the electioneering and violations of this Law. 2. Meetings and voting of electoral committees shall be open, the following may observe them: representatives and observers of parties, political organisations, 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 election as Councillor 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 with the permission of 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-storing 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 to councils. 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 public funds. Maintenance of polling places and premises of the headquarters 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. If a local authority does not provide adequate premises or equipment for an electoral district headquarters and polling places, public funds shall be used for this at the decision of the Central Electoral Committee. In this event the actual expenses relating to polling places and equipment shall, within 2 months after the election, be exacted by the Central Electoral Committee from the local authority without suit. SECOND CHAPTER Electoral Areas and Electoral Districts Article 9. Formation of Electoral Areas 1. For  the  organisation  and  execution  of  elections,  one multi-candidate electoral area shall be formed where all citizens of the Republic of Lithuania having the right to vote and living within the territory of  this municipality shall cast their vote. 2. According  to  the proportional system of elections, in an electoral area: 1) more than 500 000 residents shall elect 51 Councillors; 2) from 300 000 to 500 000 residents shall elect 41 Councillors; 3) from 100 000 to 300 000 residents shall elect 31 Councillors; 4) from 50 000 to 100 000 residents shall elect 27 Councillors; 5) from 50 000 to 20 000 residents shall elect 25 Councillors; and 6) up to 20 000 residents shall elect 21 Councillors. 3. The Central Electoral Committee shall, at least 85 days prior to the elections, announce electoral areas and the number of Councillors to be elected. 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, which is permanent when organising and holding various elections and referendums, shall be approved and changed by the Central Electoral Committee at the recommendation of the mayor. The Central Electoral Committee shall publish in the Valstybės žinios (Official gazette) 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 municipality 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 municipality into electoral districts. No later than 100 days 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. if it is not possible to hold an election in the polling place which has been earlier provided for this purpose, at the recommendation of an electoral committee of an electoral area the Central Electoral Committee may change the address of the polling place of an electoral committee of an electoral district even with less time as it is prescribed in this Article, remaining before the election.     Third CHAPTER ORGANISATION of Elections    Article 11. Electoral Committees 1. Elections to municipal councils 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 an electoral committee provided he has the right to be elected as Seimas member (without taking into consideration the minimum age limit set for a candidate for Seimas member, but who is not younger than 18 years of age on the polling day) and has not been removed from the electoral committee or referendum commission during the last three elections to the Seimas, office of the President of the Republic, municipal councils, or the referendum for the violations of laws on elections or the Law on the Referendum.    3. The same person cannot concurrently be: a member of  the electoral committee and a candidate for Councillor; a candidate for Councillor and a representative of a party, political organisation for elections (hereinafter referred to as “representative for the elections”); a representative for the elections and a member of the electoral committee; a candidate for Councillor and an observer of the elections; a member of the electoral committee and an observer of the elections. Provided that a member of the electoral committee is willing to be a candidate for election as Councillor, he must, no later than 10 days prior to giving consent to become a candidate, resign in writing from the post of a member of the electoral committee. If the member of the electoral committee has not done so, he shall be relieved from the electoral committee for the violation of this Law and shall be not registered as a candidate for Councillor or shall be removed from the candidates for Councillor. Article 12. The Powers of the Central Electoral Committee in Elections to Councils 1. The Central Electoral Committee shall guarantee the same application of laws on elections and the Law on the Referendum on the whole territory of the Republic of Lithuania. For this purpose, it shall issue instructions for the implementation of these laws of the Republic of Lithuania, the execution whereof shall be obligatory to all institutions and officers. The decisions of the Central Electoral Committee may be changed only by the Central Electoral Committee or an effective court’s ruling. Institutions of State power and government, Seimas members, Councillors and other officers, parties, political or public organisations, or 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 councils according to the requirements provided for in this Law, the Central Electoral Committee shall: 1) establish the number of municipal Councillors; 2) establish electoral committees of electoral areas; 3) accept  application documents of parties, political organisations, as well as applications concerning the recall of these documents, examine them, register parties and political organisations to participate in elections to councils, register their representatives for the elections and them with certificates, announce  the lists  of parties, political organisations which participate in the election, the election numbers provided for them, as well as adopt decisions concerning the recall of application documents of the candidates for Councillor; 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) confirm and publicise the final results of the elections; 9) declare elections invalid if in the course thereof election documents have been falsified or other illegal actions have been performed which affected materially the election results; 10) issue the certificate of a municipal Councillor to the elected candidate and deliver it to the electoral committee of an electoral area for granting to the municipal Councillor; 11) transfer vote count 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 to councils, the Central Electoral Committee shall perform the functions of the Mandate Committee of Municipal Councils: shall adopt and announce decisions upon termination of the Councillor’s powers; acknowledge the powers of new Councillors elected in a multi-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 fair elections, take care of the education of electors, 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 13.  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 and who is nominated by the mayor of that town, region; and 4) persons nominated by parties, political  organisations, their coalitions which  have received the  mandates of Seimas member in the  multi-candidate electoral  area; and 5) persons nominated by the parties, political organisations, their coalitions which, during the last elections to the municipal council, have received not less than 3 mandates of the members of this council. 3. The Minister  of Justice, the Lithuanian Lawyers' Society and the town, region mayor may propose more candidates. 4. Parties, political organisations, their coalitions which have received the mandates of  Seimas member in the multi-candidate electoral area shall each have the right to propose two representatives (hereinafter referred to as “candidate”) for one such list of candidates (joint list)  nominated  in  the  electoral  area  to electoral committees  of electoral  areas. The parties, political organisations, their coalitions which, during the last elections to the council, have received mandates of the members of this municipal council according to the list (joint list) of nominated candidates, shall each have the right to propose one candidate to electoral committees of electoral areas for one such list of candidates (joint list) nominated in the electoral area. If the party, political organisation may propose candidates according to the results of elections to the Seimas and elections to the municipal council as well, then it shall propose candidates according to the results of only one of these elections. If one of the organisations, which has participated in the election coalition, does not propose candidates or refuses to propose them, or chooses to propose them according to other, as the coalition was formed, election results, other organisations, which have participated in this coalition, shall have the right to propose candidates in its absence. If candidates for membership meet the requirements of this Law, the Central Electoral Committee may  not reject said candidates. In the event that candidates for membership have not been proposed, the Central Electoral Committee may additionally appoint as members of the committee persons 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 1/4  of all  the committee  members. If these people make up  less than 1/4 of  the committee, the committee shall be enlarged from the persons proposed by the Minister of Justice, the Lithuanian Lawyers' Society or the town, region mayor. 6. If elections to the Seimas or to the municipal council, or a referendum are concurrently  held on the same day, the same electoral committees of electoral districts or referendum commissions 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. The total number of chairmen who represent  parties, political organisations shall be proportional to the representation of parties, political organisations in the Seimas. 8. During its first sitting,  the electoral  committee of an electoral area shall elect a deputy chairman and a secretary of the committee. Article 14. The Powers of Electoral Committees of Electoral Areas The electoral committee of the electoral area shall: 1) inform  the voters who reside within 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) distribute the funds allocated for the elections among electoral committees of electoral districts, control the utilisation of these funds and report to the Central Electoral Committee on the funds used for the elections; 5) register election observers and issue them with certificates; 6) accept application documents of nomination of candidates of parties, political organisations, examine them, register the lists of candidates for election as Councillors, candidates for Councillor, issue registered candidates with certificates, register coalitions which are being formed or recalled, establish numbers of the lists of the candidates of coalitions; 7) 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; 8) draw  up the  vote count record of  the electoral area, establish election results and direct them the Central Electoral Committee for approval; following the decision of the Central Electoral Committee, publish the list of the elected municipal Councillors in the press; 9) consider complaints against decisions and actions of the electoral committees  of electoral  districts and adopt decisions concerning them; and 10) exercise  other powers provided for in this Law. Article 15.  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 propose candidatures. If the number of proposed candidatures 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 candidatures. 2. The following shall have the right to propose an equal number of candidates to an electoral committee of an electoral district: 1)  each party, political organisation or their coalition which  has  received  the  mandates  of Seimas member in a multi-candidate electoral area during the last elections to the Seimas. If the party, political organisation has received mandates of Seimas member while being in the coalition, it may propose candidates together with the organisations which participated in the coalition; 2) the party, political organisation or their coalition which has received the mandates of Councillors from the list of nominated candidates (joint list) in the last elections to a municipal council. If the party, political organisation has received mandates of Councillors while being in the coalition, it may propose candidates together with the organisations which participated in the collation. 3. If the party, political organisation may propose candidates according to the results of the elections to the Seimas and to a municipal council as well, then it shall propose candidates according to the results of only one of these elections. If one of the organisations which have participated in the election coalition, does not propose candidates or refuses to propose them, or chooses to propose candidates according to other, as the coalition was formed, election results, other organisations which have participated in this coalition shall have the right to propose candidates in its absence. 4. 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. 5. 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, proposed by the party, political organisation, meets the requirements set forth in this Law, the electoral  committees  of  an electoral  area  may  not  reject the candidate. 6. If no candidates have been proposed or the proposed candidates do not meet the requirements of this Law, or they have been proposed after the set period of time, an electoral committee of an electoral area may decrease 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 electoral committee of an electoral district, 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.  7. Electoral committees  of electoral  areas shall  appoint  the chairmen of electoral committees of electoral districts. 8. During its  first sitting  the  electoral  committee  of  an electoral  district  shall  elect a deputy chairman and a secretary of the committee. Article 16. The Powers of the Electoral Committee of the Electoral District The electoral committee of the electoral district: 1) shall receive  voter lists  from the  electoral committee of an electoral area, provide conditions for electors, representatives for the elections to familiarise themselves with said lists, hand  voter certificates to voters or distribute them in some other manner, inform the electoral committee of an electoral area about inaccuracies noticed in the voter list; 2) shall consider complaints concerning errors made in the voter list of an electoral district; 3) shall, in the manner prescribed by the Central Electoral Committee, supervise the course of  voting by post in the territory of an electoral district, and monitor the provision of opportunities for voting by post 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, together with a representative of a municipal council, 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 polling day; 6) shall count votes and draw up the vote count 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, organisation of voting, vote count, drawing up of vote count records, and shall adopt decisions related to them; and 8) shall exercise  other powers provided for in this Law. Article 17. Written Pledge of Electoral Committee Members 1. A member, chairman of an electoral committee shall start holding the position in the electoral committee upon having given a written pledge 2. The Central Electoral Committee shall establish the procedure for giving a written pledge by members and chairmen of electoral committees of electoral areas and electoral districts. 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.”       3. A written pledge may be given omitting the last sentence. The person who has given a written pledge shall sign at the foot of the pledge. The pledge shall be effective for the whole duration of the appointment to work in the electoral committee. The person who does not give a written pledge, shall not hold the position in the electoral committee. 4. The written pledges of the members, chairmen of the electoral committees shall remain in the custody of the electoral committee which has administered them. 5. When appointing an electoral committee member, the Central Electoral Committee or an electoral committee of an electoral area shall fix the date by which he must give a written pledge. The person who has not given a written pledge within 15 days after his appointment or who has given a written pledge with a reservation, shall be removed from his position in the electoral committee.    Article 18. Organisation of the Work of Electoral Committees 1. Sittings of  electoral committees  shall be valid provided that at least three-fifths of the 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 casting. 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 has given a written pledge shall be prohibited from any  form of election campaigning or attempts to influence the voters' will in any other way. Individuals who have violated this requirement, a written pledge of a committee member must be dismissed from the committee and may be liable according to the procedure established by the law. Article 19. 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 Councillor, a candidate for Councillor, representative for the elections, election observer may  appeal  against  the decision of the electoral committee which has been adopted prior  to the  completion of voting, or any other activity thereof: 1) that of the electoral committee of the electoral district - to the electoral committee of an electoral area; 2) that of the electoral committee of the electoral area - to the Central Electoral Committee; and 3) that of the Central Electoral Committee - to the High Administrative Court. 2. A voter, representative of a political party or public organisation, who does not agree with the decision of the electoral committee of an electoral district which has been adopted on his appeal concerning the errors made in the voter list because of which the voter may not implement his right of voting (he has been incorrectly put on or struck off the voter list or if the data about the voter has been inaccurately entered into the voter list), may appeal against the decision of the electoral committee of an electoral district to the administrative court of an appropriate county. 3. The appeal must be investigated within 48 hours from the filing thereof. Non-working days shall be included in this time limit. The decision of the court shall become effective after its pronouncement. The appeals which have been filed not in compliance with the procedure established in this Article, shall not be investigated and shall be transferred to that electoral committee which must investigate them. An electoral committee of an electoral district, an electoral committee of an electoral area may not transfer to the Central Electoral Committee for consideration the appeals which are within their own jurisdiction and which have not been investigated by them. Article 20. Assistance for Electoral Committees 1. State and local authority 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 and local authority institutions, enterprises, 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. Electoral committees  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 21. Payment for Work of Electoral Committee Members For their work in electoral committees, the chairmen and members of  electoral committees shall be receive payment at the rates submitted by  the Central Electoral Committee and approved by the Government.. Article 22.  Changing the Composition of 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. 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 proposed. 3. As necessary,  new chairman or member of the electoral committee  shall   be  appointed  according  to the procedure established by this Law and upon expiration of time limits set in paragraph 1 of Article 13 and paragraph 5 of Article 15. FOURTH CHAPTER Voter Lists and VOTER CERTIFICATES Article 23. Voter Lists 1. For  the organisation and holding of elections, the following voter  lists shall be  compiled: 1) the list voters of the Republic of Lithuania; 2) lists of voters of  electoral areas; and 3) lists of voters 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 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 24. 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. Public institutions which issue documents confirming the citizenship of the Republic of Lithuania, are responsible for accuracy of entries concerning places of residence in documents of citizens, register the deaths of citizens and the loss of citizenship, shall be also responsible for accurate and timely recording of relevant changes and verifications in 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 public, municipal 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 25. Voter Lists of 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 (the last known place of residence of the voter), and shall be delivered to the electoral committee of an electoral area at least 65 days prior to the election. Concurrently, lists of voters residing abroad and lists of citizens whose place of residence is unknown shall be drawn up. Article 26. 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 and to be present on the polling 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 27. Public Announcement of  Voter Lists and  Access to Voter Lists The electoral  committee of an electoral district shall, at least 55 days prior to  the  election, shall provide conditions for the voters to have access to voter lists. At the entrance to the premises of an electoral committee, a notice must be posted indicating duty hours of the committee members, and telephone numbers through which the voters may check whether they are included in the voter list. Upon the expiration of the time limit, specified in this Law,  for issuing voter certificates, notices indicating the duty hours of the electoral committee of the electoral district and its contact telephone numbers must  be also posted in the stairways of multi-family apartment buildings. Article 28. 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 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 an electoral area in which the voter shall vote; 5) the name, number of  the electoral  district in whose voter list the name of the voter has been included, as well as the address of the polling place; 6) the consecutive number of a voter in the voter list of an electoral district; and 7) the election date, polling time at a polling place of the electoral district; it shall also advise that this certificate is required for voting by post, and may include other information significant to the voter. Article 29. Delivery of Voter Certificates 1. The delivery of voter certificates to voters shall be organised by an electoral committee of an electoral district. A diplomatic mission of the Republic of Lithuania 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 the 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, but the voter’s residence address indicated in his passport falls within the territory of this electoral district or the voter provides other evidence of his residence within the territory of this electoral district, the electoral committee of the electoral district shall provide a request blank, the form whereof is prescribed by the Central Electoral Committee, to be filled in by the voter to include him in the voter list of this electoral district (or a member of the electoral committee of the electoral district shall fill in this request himself), and 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  upon checking the accuracy of voter lists. 4. An electoral committee of an electoral area may, in the manner prescribed by the Central Electoral Committee, write out a voter certificate for the voter who is on the voter list of another electoral area, provided he is unable to return to his permanent place of residence to receive or otherwise get the voter certificate. The voter must request this in writing and produce the passport of the citizen of the Republic of Lithuania with his place of residence indicated in it. Article 30. 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 the electoral areas 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 24 of this Law. Article 31. Registration of Citizens of the Republic of Lithuania, Staying Abroad, in Voter Lists 1. Citizens of the Republic of Lithuania with permanent residence in Lithuania who are located abroad shall be registered in the voter list of the electoral area on whose territory the Seimas of  the Republic of Lithuania performs its functions. 2. A diplomatic mission of the Republic of Lithuania shall, at least 15 days before the election, 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 32. Registration of National Defence Servicemen, Voters who are Aboard a Ship and in Places of Confinement in Voter Lists 1. Voters performing the active service or alternative national defence service shall be included in the voter lists of the electoral district on whose territory they permanently had resided before they were summoned for the active service or alternative national defence 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 polling 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 had 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 33. Checking the Accuracy of Voter Lists upon Compiling Final Voter Lists, as well as on the Polling day If following the approval of the final voter lists, but no later than until six o’clock p.m. on the polling 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 within 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 34. Complaints Concerning Voter Lists 1. A voter or a representative for the elections may, no later than 7 days before the election, lodge complaints with the electoral committee of the electoral district concerning 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. 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 polling day. 2. The decision of the electoral committee of an electoral district may be within 3 days appealed against to the administrative court of an appropriate county, 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. FIFTH CHAPTER NOMINATION OF CANDIDATES FOR COUNCILLOR Article 35. Nomination of Candidates for Councillor 1. A party or political organisation which has been registered pursuant to the Law  on Political  Parties and Political Organisations no later than 65 days prior to the election, may nominate candidates for Councillor. 2. The party, political organisation shall nominate candidates for Councillor by presenting a list of candidates in which candidates are recorded in such succession as established by the party or political organisation. The number of candidates on the list may not be less than 5  candidates and more than the number of mandates, established in that electoral area, plus 5 more candidates. Candidates must meet the requirements specified in Article 2 of this Law. Article 36. Application Documents for the Nomination of Candidates for Councillor 1. A party, political organisation must file with the Central Electoral Committee the following application documents: 1) an application  for  the  participation  in  the  election; 2) copies of its statutes, amendments thereto, and registration papers. The programme, election programme of the party, political organisation may be submitted as well; 3) the list of electoral areas in which the party, political organisation intends to nominate candidates; 4) a power of attorney for a representative for the elections to represent it in the Central Electoral Committee, as well as the powers of attorney to represent it and the candidates nominated by it in electoral committees of electoral areas; 5) the document evidencing the payment of the election deposit; 6) a copy of the declaration concerning the last year’s financial activities, which had to be submitted to the tax inspectorate pursuant to the Law on Political Parties and Political Organisations, approved by this inspectorate, and it may also submit a copy of the account (report), which had to be publicly announced according to the Law on Political Parties and Organisations, concerning the budget receipts and their sources, expenditures and their purpose. 2. 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. 3. The party, political organisation must file with the electoral committee of the electoral area the following application documents: 1) the list of nominated candidates in which candidates are placed in a numerical order, signed by a representative for the elections of the organisation nominating lists of candidates; 2) written consents of the nominated candidates to be nominated by this party, political organisation in this electoral area, a questionnaire for a candidate for Councillor filled in by the candidate himself, as well as the extract containing the basic data from his income and property declaration, presented to the State Tax Inspectorate, approved by that tax inspectorate to which the declaration has been submitted; and 3) the certificate issued by the Central Electoral Committee, concerning the registration of the organisation, nominating lists of candidates, for the participation in the elections to the council of this local authority. 4. In the questionnaire of a candidate for Councillor, a citizen who is nominated as a candidate for Councillor must fill in the following data himself: name, surname,  number of the passport, personal code, date of birth, address of the permanent place of residence, whether his court-imposed sentence has expired, whether or not he is a person who is in the active service or alternative national defence service, whether or not he is 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 another state must repudiate it in writing and to record in the questionnaire how and then they have done it. Other questions, additionally established by the Central Electoral Committee may also be included in the questionnaire of a candidate for Councillor, and the person may not answer them. 5. The filing of application documents shall commence 65 days before and shall end 35 days before the day of the election. Article 37. Registration of Candidates for Councillor 1. Upon the commencement of registration of candidates, at the request of the Central Electoral Committee the Ministry of Justice shall within one day confirm officially which parties, political organisations are registered, and the activities of which parties, political organisations have been suspended or terminated. 2. Upon receiving the application documents of a party, political organisation, the Central Electoral Committee must not later than the next working day apply to the Ministry of Justice regarding confirmation of the fact of the registration of the party, political organisation and the validity of the submitted statutes. The Ministry of Justice must give a written reply within two days. The Central Electoral Committee shall, within 7 days following the receipt of the application documents, issue the representative for the elections of the organisation nominating lists of candidates, a certificate concerning the registration of the organisation nominating lists of candidates to participate in the elections. 3. While checking the application documents filled in by  a candidate for Councillor, the electoral committee of the electoral area shall determine whether the candidate meets the requirements of Article 2 of this Law. When necessary, the Central Electoral Committee may appeal to the Ministries of Foreign Affairs, Internal Affairs, Justice or other public institutions to furnish the data important for registering the candidate. Such appeal of the Central Electoral Committee must be considered in the extra urgency procedure, and a written reply must be given within 7 days, but not later than 32 days before the election. 4. Upon checking out the submitted application documents and establishing that they meet the requirements of this Law, the electoral committee must adopt a decision concerning the registration of a candidate within 10 days following submitting of the application documents, but not less than 31 days prior to the election. 5. If the application documents are incorrect, the Central Electoral Committee must immediately inform the appropriate representative for the elections about them. Article 38. A Representative for the Elections 1. A representative for the elections shall represent the party, political organisation which has authorised him on all issues in the Central Electoral Committee or an electoral committee of an electoral area. In sittings of the electoral committee he shall have the right of deliberative vote and the right to express a separate opinion on all issues under consideration. The representative for the elections shall, on the territory of the electoral area in the electoral committee whereof he is authorised to represent, have all the rights of an election observer. Upon announcing the date of the elections to councils, powers of attorney by parties, political organisations to represent them in electoral committees may be filed with the Central Electoral Committee not earlier than the next day following the formation of an appropriate electoral committ …