Official Translation
In short
This law establishes the procedure for citizens of Lithuania to exercise their right to a referendum, defining how referendums are initiated, announced, organized, and conducted. It ensures that significant state and national issues can be decided directly by the people.
What it regulates
- The procedure for implementing citizens' right to a referendum.
- The types of referendums that can be held (mandatory and consultative).
- The initiation, announcement, organizing, and conducting of referendums.
- The general principles governing participation in referendums, such as universal, equal, and direct suffrage, and secret ballot.
Who it concerns
- Citizens of the Republic of Lithuania who are eligible to vote.
- The Seimas of the Republic of Lithuania.
Key points
- Referendums are based on free, universal, equal, and direct suffrage, with secret ballots.
- Citizens aged 18 and over can participate, except those legally incapable as recognized by a court.
- Bribery of citizens to influence their vote or participation in a referendum is prohibited from the day an initiative group is registered until the end of voting.
- A mandatory referendum is deemed to have taken place if over one half of registered citizens have participated.
- A consultative (deliberative) referendum is deemed to have taken place if over one half of registered citizens have participated.
- The right to initiate a referendum belongs to citizens (through a petition of 300 thousand eligible citizens) and the Seimas (through a group of at least one-fourth of its members).
Įstatymo tekstas
Įstatymo tekstas
Official Translation REPUBLIC OF LITHUANIA LAW ON REFERENDUM 4 June 2002 No IX-929 (As last amended on 14 December 2010 — No XI-1229) Vilnius The Seimas of the Republic of Lithuania, relying upon the
Article 54of this Law.
- The heads of the institutions referred to in paragraph 1 of this Article shall draw up a list of citizens voting in a special office. The following must be indicated in such list: citizen’s name and surname, personal number, the referendum committee of a city, region (name and number), whether or not a citizen has a voter certificate. The head of the institution shall transfer a list of citizens voting in a special post office to the referendum committee of a city, region, receive voter certificates from it or print them according to the date received via means of electronic communication and ensure the delivery of the certificates to citizens, allot the premises appropriate for voting, and be responsible that the citizens would be notified about the working place and time of a special post office, and that the conditions would be created for citizens to reach it.
- Citizens who are able to move shall vote themselves in accordance with the procedure set forth in paragraphs 6 and 7 of Article 54 of this Law. Citizens who are unable to move shall be visited by at least 2 referendum district committee members, referendum observers (should they wish) and employees of special post offices.
- If because of the physical disability citizens are unable to vote themselves, they may entrust other persons to vote for them. These persons must mark the referendum ballot in the presence of the citizen according to his instructions and preserve the secrecy of voting.
- Referendum committee members, employees of a special post office and referendum observers shall be prohibited from carrying out the actions related to voting, as well as from accepting from the citizen an outer envelope for postal voting which is not sealed.
- It shall be prohibited to exert influence upon self-determination of a citizen voting in healthcare (except outpatient healthcare) facilities, institutions of social guardianship and care or to rush him to vote. Article
- Voting in Military Units
- Citizens performing mandatory military shall be entitled to vote in the military units where they serve. Citizens who perform active military service, civil service or work under the employment contract in international military operations abroad, shall be entitled to vote in military units stationed abroad, which participate in those international military operations. The procedure for voting in military units stationed abroad shall be laid down by the Central Electoral Committee on the recommendation of the Minister of National Defence.
- The referendum committee of a city, region shall, not later than 15 days prior to the day of voting in the referendum and upon the recommendation of the commanders of military units stationed within the territory of the Republic of Lithuania, draw up a list of special post offices and, upon the recommendation of the head of the post office, set such working hours of the post offices that the days of voting in them would be
Article 54of this Law.
- The commanders of military units shall draw up a list of citizens voting in special post offices. The following must be indicated in such a list: citizen’s name and surname, personal number, the referendum committee of a city, region (name and number), whether or not a citizen has a voter certificate. The commander of a military unit shall transfer a list of citizens voting in a special post office to the referendum committee of a city, region, receive voter certificates from it or print them according to the date received via means of electronic communication and ensure the delivery of the certificates to citizens, allot the premises appropriate for voting, and be responsible that the citizens would be notified about the working place and time of a special post office, and that the conditions would be created for citizens to reach it. In it is impossible to set a special post office or to ensure that citizens will be able to properly carry out actions related to voting, the commanders of military units (with the exception of the commanders of military units stationed abroad) shall create conditions for citizens to go to a special post office for voting or on the day of voting in the referendum to travel to a referendum district on the electoral roll of which they have been entered.
- The provisions of Article 54 of this Law shall apply to voting in military units.
- It shall be prohibited to exert influence upon self-determination of a citizen voting in a military unit or to rush him to vote. Article
- Voting in Penal Institutions
- Voters who serve arrest or imprisonment sentence shall be entitled to vote in an institution they serve a sentence.
- The referendum committee of a city, region shall, not later than 15 days prior to the day of voting in the referendum and upon the recommendation of the heads of penal institutions, draw up a list of special post offices and, upon the recommendation of the head of the post office, set such working hours of the post offices that the days of voting in them would be
Article 54of this Law.
- The heads of penal institutions shall draw up a list of citizens voting in special post offices. The following must be indicated in such list: citizen’s name and surname, personal number, the referendum committee of a city, region (name and number), whether or not a citizen has a voter certificate. The head of a penal institution shall transfer a list of citizens voting in a special post office to the referendum committee of a city, region, receive voter certificates from it or print them according to the date received via means of electronic communication and ensure the delivery of the certificates to citizens, allot the premises appropriate for voting, and be responsible that the citizens would be notified about the working place and time of a special post office, and that the conditions would be created for the citizens to reach it.
- The provisions of Article 54 of this Law shall apply to voting in penal institutions.
- The provisions of this Article and Article 54 of this Law shall apply to voting in arrest houses, remand prisons (detention facilities).
- It shall be prohibited to exert influence on self-determination of a citizen voting in an arrest house, remand prison (detention facilities) or penal institution, or to rush him to vote. Article
- Voting at Home and Early Voting
- Only the following citizens may vote at home: disabled citizens, citizens with temporary working incapacity, citizens aged 70 and over if because of the health condition they are unable to come to a referendum district to vote on the day of voting in the referendum and if they have produced a citizen’s request, the form of which is set by the Central Electoral Commission, for voting at home. The referendum committees which draw up and revise rolls of citizens voting at home shall have the right to receive the data on disabled persons from the State Social Insurance Fund Board or its territorial offices, and the data on persons with temporary working incapacity – from healthcare institutions. The referendum committees may not disseminate these data and shall use them only for compilation and revision of rolls of citizens voting at home.
- Citizens who are unable to come to a referendum district to vote on the day of voting in the referendum may vote early. Early voting shall be organized by the referendum committee of a city, region. Early voting must take place from 8 am till 8 pm on the Wednesday and Thursday preceding the day of voting in the referendum in the premises which are prepared in advance, suitable for voting and located in the building which is the workplace of the mayor (director of the administration) of the municipality of that city, region. For issuing and collecting referendum ballots and voting envelopes during early voting the chairman of the referendum committee of a city, region shall appoint not less than two members of the referendum committee of a city, region or district referendum committees who may not be proposed by the same political party. The chairman of the referendum committee of a city, region or by order of the said chairman – a member of the referendum committee of a city, region shall supervise early voting.
- Citizens’ requests for voting at home shall be submitted to district referendum committees. Acceptance of requests of citizens, residing within the territory of a concrete referendum district, for voting at home shall start by handing voter certificates to such citizens and end on the Wednesday preceding the day of voting in the referendum. Acceptance of requests of voters, who temporarily stay within the territory of a concrete referendum district and have not been entered on the roll of voters of this referendum district, for voting at home shall end on the Tuesday preceding the day of voting in the referendum. A citizen who because of his physical disability is unable to fill in a request for voting at home or to hand it to a district referendum committee, may authorize his family member, neighbor or a person who takes care of him to carry out the said actions for him. These persons shall sign the citizen’s request and indicate their name, surname and personal number.
- On the Thursday preceding the day of voting in the referendum a district referendum committee shall draw up and approve a roll of voters voting at home who are entered on the electoral roll of that referendum district. On the Wednesday preceding the day of voting in the referendum the referendum committee of a city, region shall draw up and approve a roll of citizens who reside or temporarily stay within the territory of a concrete referendum district but have been entered on the electoral roll of another referendum district and have not been entered on the electoral roll of this referendum district when revising them.
- On the Friday or Saturday preceding the day of voting in the referendum, from 8 am till 8 pm at least two members of a district referendum committee shall deliver envelopes for postal voting and referendum ballots to the homes of the citizens who have been entered on the roll of the referendum district voters voting at home and who are the voters of this referendum district. On the Thursday preceding the day of voting in the referendum at least two members of the referendum committee of a city, region or, by order of its chairman, at least two members of a district referendum committee shall deliver envelopes for postal voting and referendum ballots to the homes of the citizens who have been entered on the roll of the voters of a city, region who vote at home, but who have not been entered on the electoral roll of the referendum district within the territory of which they temporarily stay. Voting at home and early voting may be observed by referendum observers who have a certificate to observe a referendum in any referendum district. After the end of voting, sealed outer envelopes shall be transferred to the post office which transfers them to referendum districts together with referendum documents of the citizens who have voted by post. The rolls of citizens who have voted at home and early, referendum ballots which have not been used shall be including into an accounting and stored by referendum committees which have organized the voting, and after the end of the voting in the referendum they shall be transferred together with other referendum documents to an appropriate referendum committee of a city, region or the Central Electoral Commission.
- A concrete schedule of referendum committee members’ coming to the homes of citizens shall be approved by the chairman of the referendum committee of a city, region or a district referendum committee not later than, respectively, on the Thursday or Wednesday preceding the noon of the day of voting in the referendum. This schedule shall be public, its copy shall be posted up on the billboard of the district (city, region) referendum committee on the day of approval of the schedule. Only the referendum committee members and referendum observers proposed by the different political parties may come together to the homes of the citizens.
- The provisions of paragraphs 6 and 7 of Article 54 of this Law shall apply to voting at home and early voting.
- The sealed outer envelope (with the voter certificate, voucher envelope and referendum ballot in it) the citizen shall hand to a member of the district (city, region) referendum committee. Upon having received the envelope handed by the citizen, he shall give the citizen a receipt confirming the acceptance of this envelope.
- It shall be prohibited to exert influence on the determination of a citizen who votes at home or to hasten his voting. Committee members and referendum observers shall be prohibited from carrying out the actions for a citizen, referred to in paragraphs 6 and 7 of Article 54 of this Law, as well as from accepting an unsealed outer envelope from a citizen. Citizens shall be prohibited from taking out ballot papers or giving them to another persons. Article
- Counting of Voting Envelopes and Referendum Ballots
- The procedure for counting voting envelopes and referendum ballots in the Republic of Lithuania shall be laid down and this accounting shall be administered by the Central Electoral Commission.
- Accounting of voting envelopes and referendum ballots, their issuing and acceptance when voting by post in special post offices shall be managed by the heads of the appropriate post offices. They shall indicate accounting data in a journal specially designated for this purpose. Accounting of envelopes for voting by post and referendum ballots used when voting in military units stationed abroad, their issuing and acceptance shall be managed by the commanders of those military units. They shall transfer to the Central Electoral Committee the accounting data on referendum documents, unused envelopes for voting by post, referendum ballots and envelopes for voting by post with referendum ballots filled in by citizens. The Central Electoral Committee shall, not later than until day of voting in the referendum, transfer the received envelopes for voting by post with referendum ballots filled in by citizens to the committee of the referendum district on the electoral roll of which a citizen has been entered.
- The post office head shall deliver unused envelopes for voting by post and referendum ballots to the referendum committee of a city, region one day prior to the day of voting in the referendum.
- The head of a post office or a person authorized by him shall deliver envelopes for postal voting containing referendum ballots marked by citizens to district referendum committees on the day of voting in the referendum, but not later than 2 hours before the end of voting.
- Outer envelopes, unused and damaged referendum ballots of citizens who voted on the Thursday preceding day of voting in the referendum, shall be transferred to the referendum committee of a city, region by the members of the referendum committees who went to the homes of the citizens pursuant to the provisions of Article 601 of this Law. The referendum committee of a city, region shall not alter than on the Friday preceding the day of voting in the referendum transfer outer envelopes to a post office.
- Outer envelopes, unused and damaged referendum ballots of citizens who voted on the Friday or Saturday preceding the day of voting in the referendum, shall be transferred to the chairman of a district referendum committee before 9 pm of the same day. Having checked the received referendum documents, the district referendum committee shall decide whether or not voting at home has met the requirements of this Law.
- Outer envelopes shall be kept together with referendum ballots.
- Before starting to count the votes of citizens, outer envelopes of citizens who voted by post shall be put together with outer envelopes of citizens who voted at home, mixed and counted together according to Article 64 of this Law and in the same manner as the votes of citizens received by post. Article
- Keeping of Records of Referendum Ballot Papers in Referendum districts
- Upon closing the polling station, the chairman of the referendum district referendum committee, in the presence of at least 3/5 of the members of the referendum committee, shall seal and stamp the ballot box slot.
- Unused ballot papers shall be individually collected from each member of the district referendum committee, shall be counted publicly, the number of them shall be entered into the vote counting record. According to the signatures in the electoral roll, voter certificates, arrival cards, ballot papers, which have been spoiled by voters and returned to be exchanged for blank ballot papers shall be inspected in order to determine whether a committee member has handed all ballot papers out justly.
- The referendum committee shall: count the unused and spoiled ballot papers publicly; annul them by cutting off the upper right corner; put them into the envelopes specially designated for this purpose and seal these envelopes. The number of unused or spoiled ballot papers shall be entered in the vote counting record. Article
- Counting of Votes of the Voters who have Voted in the Referendum district
- The district referendum committee, in the presence of at least 3/5 of its members, shall inspect the referendum ballot box of the polling district whether the seals have not been broken and whether there is no other evidence which indicates that it could have been opened or that ballot papers could have been removed in any other way. The committee, in the presence of at least 3/5 of its members, shall decide if the ballot box has been tampered with. If the committee decides that the ballot box was tampered with, an act shall be drawn up about this and the votes shall not be counted.
- Having ascertained that the ballot box has not been tampered with, in the presence of at least 3/5 of the members of the polling district committee as well as referendum observers, it shall be opened, all ballot papers shall be placed on tables on which there are no other documents and writing materials and the committee shall start counting votes.
- Votes shall be counted in such a way that this procedure, marks of voters in the referendum ballot papers may be observed by all the persons present during the counting of votes. The Central Electoral Committee shall establish the concrete procedure for the counting of votes.
- The number of voters residing in the referendum district and having the right to vote shall be determined according to the referendum district electoral rolls. The number of voters to whom ballots have been issued shall be determined according to voter signatures, certifying receipt of a ballot. The number of the voters who voted in the referendum district shall be determined according to the number of ballots found in the referendum district ballot box. The number of voters who have participated in the referendum shall be determined in accordance with the ballots found in the referendum district ballot box and the number of ballots received by post.
- Having discovered more ballots in the ballot box than the number, which had been issued to voters, the committee shall employ measures to determine the reasons thereof.
- The results of the ballot count shall be included in the ballot counting record. Article
- Keeping of the Records of Citizens who Have Voted by Envelopes and the Counting of their Votes
- After the counting of referendum ballots found in the ballot box, referendum ballots received by post and at home shall be calculated in the following procedure: 1) the chairman of the district referendum committee shall present, unopened, all outer envelopes received by post and at home. Their number shall be entered in the vote counting record; 2) outer envelopes shall be opened one at a time; 3) a voter certificate shall be taken out of the outer envelope and shall be checked against the voter list of the referendum district, and the voucher envelope shall be stamped with the seal of the referendum district. If the citizen on the voter certificate is not on the electoral roll of a referendum district; if the citizen has already signed the electoral roll indicating that he had voted in the referendum district; if another envelope for voting by post has been received from the same citizen; if there is no voter certificate in the outer envelope; or if there is more than one voucher envelope in the outer envelope - the seal shall not be affixed and the referendum ballot in the envelope shall be considered invalid. This fact must be noted on the voucher envelope; 4) in the voter list of the referendum district, the special entry indicating that the vote of a citizen has been received shall be made by the surname of the citizen whose vote has been received by post or at home; 5) the sealed voucher envelope shall be cast into the ballot box prepared and sealed according to the established requirements; and 6) when all envelopes received by post have been inspected in the above-mentioned manner, the ballot box shall be opened and the sealed voucher envelopes shall be opened. Then the votes received by post shall be counted according to the requirements of Article 63 of this Law. If there is more than one referendum ballot in the envelope for voting by post, all referendum ballots in the envelope shall be considered invalid.
- If only one sealed voucher envelope is in the referendum district committee), it, in order to protect the secrecy of voting, shall not be opened, and shall be handed over to the referendum committee, which has formed this committee. It shall enter the results of the voting in its vote counting record. Article
- Vote Counting Records of the Polling District
- A vote counting record shall be drawn up in every referendum district. It shall include the following: 1) the number of citizens having the right to vote in the referendum district; 2) the number of ballot papers received from the city, regional referendum committee; 3) the number of referendum ballot papers delivered to each member of the committee, the number of ballot papers delivered to voters, the number of voters' signatures, the number of voter certificates, the number of voter certificates, and the number of unused ballot papers; 4) the number of unused referendum ballot papers; 5) the number of voters who have voted in the polling station of the referendum district; 6) the time of the opening of the ballot box; 7) the number of invalid referendum ballot papers found in the ballot box; 8) the number of valid referendum ballot papers found in the ballot box; 9) the number of replies, “YES” and “NO” or “FOR” and “AGAINST” for the decision set forth for referendum vote found in the ballot box; 10) the number of voting envelopes of citizens who have voted at home, the number of voting envelopes received by post, the total number of voting envelopes received by post and at home, and the number of sealed voucher envelopes; 11) the number of invalid ballot papers received by post; 12) the number of valid ballot papers received by post; 13) the number of replies, “YES” and “NO” or “FOR” and “AGAINST” for the decision set forth for referendum; 14) the total number of voters who participated in the referendum in the referendum district; 15) the total number of invalid ballot papers in the referendum district; and 16) the total number of replies, “YES” and “NO” or “FOR” and “AGAINST” for each decision set forth for referendum;
- If the ballot box contained more ballot papers, than the number which had been delivered to voters, a note concerning this shall be entered in the accounting records indicating the number of how many extra ballot papers have been found.
- the ballot counting records of the referendum district shall be signed by the chairman and members of the district referendum committee. After that the observers shall sign the records. Their remarks, the separate opinions of the members of the committee shall be appended to the records and shall be an inseparable part thereof.
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