REPUBLIC OF LITHUANIA LAW ON REFERENDUMS

4 June 2002  No IX-929

Vilnius

(Last amended on 20 December 2018 – No XIII-1830)

The Seimas of the Republic of Lithuania,

complying with the principles of an open, just and harmonious civil society and a State under the rule of law as embedded in the Constitution of the Republic of Lithuania as well as 

with the provisions of Article 2 of the Constitution that ‘the State of Lithuania shall be created by the Nation.  Sovereignty shall belong to the Nation’,

the provision of Article 3 that ‘no one may restrict or limit the sovereignty of the Nation or arrogate to himself the sovereign powers belonging to the entire Nation’,

the provision of Article 4 that ‘the Nation shall execute its supreme sovereign power either directly or through its democratically elected representatives’ and

the provision of Article 9 that ‘the most significant issues concerning the life of the State and the Nation shall be decided by referendum’,

passes this Law.

CHAPTER ONE

GENERAL PROVISIONS

Article 1. Purpose of the Law

1. This Law shall establish the procedure for implementing the right of the citizens of the Republic of Lithuania to a referendum, the types of referendum and the initiation, announcement, organising and conducting thereof.

2. The most significant issues concerning the life of the State and the Nation that are proposed to be resolved by referendum shall be presented by the citizens of the Republic of Lithuania or the Seimas of the Republic of Lithuania in compliance with the Constitution of the Republic of Lithuania and this Law.

Article 2. General principles of referendums

1. Taking part in a referendum shall be free and based upon the democratic principles of the electoral law: universal, equal and direct suffrage and secret ballot.

2. Citizens of the Republic of Lithuania who have reached the age of 18 years (hereinafter: ‘citizens’) shall have the right to participate in a referendum. Citizens whom the court has recognised as legally incapable shall not participate in a referendum.

3. Citizens shall participate in a referendum on the basis of equality.

4. A referendum shall be direct.  The citizens shall participate in a referendum directly and individually. 

5. Voting in a referendum shall be by secret ballot; it shall be forbidden to control the will of the citizens.

6. Restriction of the citizens’ right to take part in a referendum based on any ground such as sex, race, nationality, language, origin, social situation, religion, belief or opinion shall be prohibited.

Version of paragraph 6 valid as of 1 July 2019:

6. Restriction of the citizens’ right to take part in a referendum based on any ground such as sex, race, nationality, language, origin, social situation, disability, religion, belief or opinion shall be prohibited.

Article 3. Prohibition to bribe voters

1. From the day of registration of a citizens’ initiative group for a referendum in accordance with the procedure laid down by this Law or from the day of submission to the Seimas of a proposal by a group of the Seimas members to call a referendum until the commencement of voting in the referendum as well as on the day of voting in the referendum it shall be prohibited to directly or indirectly buy votes of citizens, to induce by offering gifts or other rewards the citizens to support or not to support a request to call a referendum and/or to attend or not to attend a referendum, and/or to vote for or against the adoption of resolution presented in a referendum, as well as to promise to reward the citizens for supporting a request to call a referendum and/or voting after the referendum, by having a purpose to affect the will of the citizens when voting in the referendum and thus hinder citizens from implementing their right to referendum.

2. Free distribution of printed matter (the text of a resolution put to a referendum, information or opinions approving of or opposing the calling of a referendum and/or adoption of resolution presented in a referendum or other leaflets, calendars, postcards, stickers of information character) intended for propagating a referendum or opposing it shall not be considered as bribery of citizens.

3. Municipal referendum committees shall, in accordance with the procedure laid down by the Central Electoral Commission of the Republic of Lithuania, examine and take decisions on the facts of bribery of citizens. Such decisions may be appealed against to the Central Electoral Commission. The Central Electoral Commission shall make the established fact of bribery of citizens publicly available on its website. After the recognition of the facts of bribery of citizens as gross violation of this Law, the consequences defined in this Law and other laws shall arise.    

Article 4. Types of referendums

Mandatory and consultative (advisory) referendums may be held in the Republic of Lithuania. 

Article 5. Mandatory referendums

1. Referendums shall be mandatory with regard to the following issues:

1) on the amendment of the provision of Article 1 of the Constitution that ‘the State of Lithuania shall be an independent and democratic republic’;

2) on the amendment of the provisions of Chapter I of the Constitution ‘The State of Lithuania’;

3) on the amendment of the provisions of Chapter XIV of the Constitution ‘The Alteration of the Constitution’;

4) on the amendment of the Constitutional Act of 8 June 1992 ‘On Non-Joining by the Republic of Lithuania of any Post-Soviet Eastern Alliances’;

5) regarding participation by the Republic of Lithuania in international organisations, should this participation be linked with the partial transfer of the remit of bodies of the State of Lithuania to the institutions of the international organisations or the jurisdiction thereof.

2. Mandatory referendums may be held also with regard to other laws or provisions thereof which 300 000 citizens having the right to vote or the Seimas propose to resolve by referendum.

Article 6. Consultative (advisory) referendums

Consultative (advisory) referendums may be held with respect to other most significant issues concerning the life of the State and the Nation in respect of which it is not necessary under this Law to hold a mandatory referendum, but they are proposed to be resolved though a referendum by 300 000 citizens having the right to vote or the Seimas.

Article 7. Requirements applied to drafts of resolutions to be presented in a referendum

1. Requirements for the content and form of a resolution to be presented in a referendum:

1) the resolution to be presented in the referendum must be consistent with the requirements deriving from the Constitution. The citizens’ initiative group for the referendum must bring the resolution to be presented in the referendum in line with the provisions of the Constitution;

2) the resolution to be presented in the referendum must be intelligible, non-misleading and must not cover several questions that are not interlinked by virtue of their content or character or several amendments of the Constitution or statutory provisions that are not interlinked; 

3) a draft law to be presented in the referendum must comply with the requirements set out in the Law of the Republic of Lithuania on Legislative Framework.

2. A draft of a resolution to be presented in a referendum must indicate:

1) the type of the referendum;

2) the presented text of a law, any other act proposed for the referendum or the text of a most significant issue concerning the life of the State and the Nation proposed to be resolved by referendum.

3. At the request of representatives of a citizens’ initiative group for a referendum, the Office of the Government must ensure its support, by enlisting legal experts, in drafting the text of a law, any other act proposed for the referendum or a most significant issue concerning the life of the State and the Nation proposed to be resolved by referendum.

4. The concept ‘resolution used in this Law shall include laws, other legal acts proposed for a referendum as well as the most significant issues concerning the life of the State and the Nation proposed to be resolved by referendum.

Article 8. Determination of results of a mandatory referendum

1. A mandatory referendum shall be deemed to have been held if attended by more than half of the citizens who have the right to vote and who are on the electoral roll.

2. A resolution regarding the provision of Article 1 of the Constitution that ‘the State of Lithuania shall be an independent and democratic republic’ as well as the amendment of the Constitutional Act of 8 June 1992 ‘On Non-Joining by the Republic of Lithuania of any Post-Soviet Eastern Alliances’ shall be deemed to have been adopted if approved by not less than three fourths of the citizens who have the right to vote and who are on the electoral roll.

3. A resolution regarding the amendment of the provisions of Chapter I of the Constitution ‘The State of Lithuania’ and Chapter XIV of the Constitution ‘The Alteration of the Constitution’ shall be deemed to have been adopted if approved by more than half of the citizens who have the right to vote and are on the electoral roll.

4. A resolution regarding other issues, laws or provisions thereof which have been resolved in a mandatory referendum shall be deemed to have been adopted if approved by more than half of the citizens who participated in the referendum, but not less than one-third of the citizens who have the right to vote and are on the electoral roll.

5. A resolution on the issues specified in Article 5(1)(5) of this Law shall be deemed to have been adopted if approved by more than half of the voters who participated in the referendum.

Article 9. Determination of results of a consultative (advisory) referendum

1. A a consultative (advisory) referendum shall be deemed to have been held if attended by more than half of the citizens who have the right to vote and who are on the electoral roll.

2. In the case where more than half of the citizens participated in a consultative (advisory) referendum and not less than half of them approved of the adoption of the resolution presented for the referendum, this resolution shall be deemed to have been adopted. The issue of the implementation of the resolution adopted by the said referendum must be considered at the Seimas not later than one month of its proclamation in accordance with the procedure laid down by the Statute of the Seimas of the Republic of Lithuania.

3.  In the event when fewer voters participated in a referendum than stipulated in paragraph 1 of this Article, the referendum shall be deemed not to have been held; however, the will of the citizens expressed during its course may be taken into consideration when deliberating drafts of laws and other legal acts at the Seimas.

CHAPTER TWO

INITIATING AND CALLING REFERENDUMS

Article 10. The right of initiative to call a referendum

1. The right of initiative of to call a referendum shall belong to the citizens and the Seimas.

2. The citizens’ right of initiative to call a referendum shall be exercised through petition of 300 000 citizens who have the right to vote.

3. A group comprising at least one-fourth of the Members of the Seimas may submit to the Seimas a proposal to call a referendum. A decision on this proposal shall be taken by the Seimas in accordance with the procedure laid down by the Statute of the Seimas.

Article 11. Registration of a citizens’ initiative group

1. The citizens shall directly implement the citizens’ right to call a referendum. With a view to this, a citizens’ initiative group for a referendum (hereinafter: a ‘group’) of at least fifteen citizens who have the right to vote shall be formed. A representative of the group shall visit the Central Electoral Commission and file an application to register the group and the text of the resolution to be presented in a referendum and co-ordinate on a preliminary basis the question of the date of a Central Electoral Commission’s meeting.

2. The group’s application referred to in paragraph 1 of this Article must indicate the type of the referendum, preliminary or final text of the resolution proposed for the referendum as well as the coordinator (coordinators) of the group.  The application shall be signed by all group members and having come to the meeting of the Central Electoral Commission in which the issue of the group’s application is deliberated shall confirm the initiative expressed in favour of holding the referendum.

3. The Central Electoral Commission shall at its meeting draw up a group’s registration act not later than within 15 days from the receipt of the application referred to in paragraph 1 of this Article.  The group or its representative shall be issued with an extract of the said act not later than on the day following the registration of the group. The extract shall be also communicated to the Speaker of the Seimas.  The Speaker of the Seimas shall inform the Seimas at the next sitting of the Seimas of the initiative of calling a referendum expressed by the citizens. .

4. If it the application of the group states that the text of the resolution proposed for the referendum is preliminary, concurrently at the request of the representatives of the group the necessary assistance must be rendered by the Office of the Government in drafting the final text of the resolution proposed for the referendum as soon as possible, but not later than the day of the next meeting of the Central Electoral Commission at which the issue of registering the group shall be discussed. The text of the resolution proposed for the referendum shall be considered final when signed by all the members of the group.

5. The Central Electoral Commission must, not later than within five working days of the registration of the group, deliver to it the forms for the collection of citizen signatures; also, the Commission must create in its information system an access to the electronic form for the collection of citizen signatures, making it possible to sign such a form.

6. It shall not be permitted to alter the text of the resolution proposed in the citizens’ petition for a referendum.

7. Where the content and character of the resolutions proposed for a referendum are mutually exclusive, the signatures of citizens shall be collected for each of them separately. In this case, the Central Electoral Commission shall issue a separate form for the collection of citizen signatures for each resolution proposed for a referendum.

8. Should a member of this group withdraw his signature from the application to register the group between the day of registering the group with the Central Electoral Commission and the day of issuance of forms for the collection of citizen signatures and if fewer than 15 members remain of the group, it shall be deemed that the initiative to call a citizens’ referendum has been terminated.

9. The Central Electoral Commission shall ensure the compliance of the resolution proposed for the referendum with the Constitution and the requirements laid down in Article 7 of this Law. Following the assessment of compliance with these requirements, the Central Electoral Commission shall decide on the registration of the group and the issuance of forms for the collection of citizen signatures.

Article 12. Collection of citizen signatures

1. A form for the collection of citizen signatures issued by the Central Electoral Commission must contain the following application text:

I, a citizen of the Republic of Lithuania, certify that I support the petition to call a (specify the type of the referendum) referendum on (present the entire text of the resolution submitted for the referendum).

Serial No

Citizen’s surname, name

Citizen’s passport or personal identity card number

Date of birth

Home address

Signature

Date

2. The name and surname, the number of the passport or personal identity card, the home address and the signature of a citizen who has collected the signatures must appear at the bottom of the form for the collection of citizen signatures.

3. The group, relying upon a copy of the registration act, shall have the right to issue corresponding announcements in the media and to organise the collection of citizen signatures. Authorised representatives of the group shall have the right to collect citizens’ signatures in public places and, with the consent of citizens, in their residential premises.

4. A citizen who has the right to vote may sign every petition. The number of citizens’ signatures shall be unlimited, however, it must not be under 300 000. A citizen shall enter his own data and sign. A citizen may sign the petition electronically in accordance with the procedure laid down by the Central Electoral Commission. If a citizen is unable to enter his own data and sign the petition because of his disability or for other reasons, another citizen may sign it upon his request. A corresponding entry on the form for the collection of citizen signatures that is confirmed by the signature of the citizen who has collected citizens’ signatures must mark the fact of such a signature.

5. Citizens shall have the right to electronically sign according to the procedure laid down by the Central Electoral Commission in an electronic form for the collection of citizen signatures, which meets the requirements referred to in paragraph 1 of this Article, in the information system of the Central Electoral Commission within the time limit indicated in paragraph 6 of this Article. The Central Electoral Commission must ensure the protection of the data of citizens signing electronically in the forms for the collection of citizen signature. The said data shall be processed in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1), the Law of the Republic of Lithuania on Legal Protection of Personal Data and other legal acts.

6. A six-month time limit shall be established in order to implement the provisions of the right of the citizens’ initiative to call a referendum. It shall be calculated from the day of issuing the forms for the collection of citizen signatures at the Central Electoral Commission, including the creation of the access to an electronic form for the collection of citizen signatures.

7. The group shall accumulate citizen petitions to call a referendum. Having collected not less than 300 000 signatures within the time limit set in paragraph 6 of this Article, the group shall draw up the concluding act and submit it and forms for the collection of citizen signatures containing no citizens’ signatures to the Central Electoral Commission along with the citizen petitions.

8. A citizen shall have the right to withdraw his signature regarding the petition to call a referendum.  He must inform the Central Electoral Commission of his decision not later than by the day of the transfer of the citizens’ petitions to the Commission.

9. Should the required number of citizens’ signatures fail to be collected and submitted during the time limit set in paragraph 6 of this Article, the collecting of signatures shall be terminated.

Article 13. Implementation of the right of a group of Seimas Members to call a referendum

1. The proposal by a group of the Members of Seimas to call a referendum shall be submitted to the Seimas.  It must indicate the type of a referendum and the text of the resolution proposed to be adopted by a referendum.   The members of Seimas shall sign the proposal and the Seimas Board shall confirm the authenticity of their signatures not later than within the course of two business days.  A draft resolution of the Seimas on calling a referendum shall also be submitted to the Seimas together with the said proposal. The Seimas shall consider such draft at the next sitting of the Seimas and adopt a decision according to the procedure laid down in the Statute of the Seimas.

2. A Seimas member may withdraw his signature regarding the proposal to call a referendum in accordance with the procedure laid down in the Statute of the Seimas. 

3. The Seimas shall not call a referendum in cases where the provisions of resolution proposed for the referendum would be contrary to the Constitution or where the proposed amendment of the Constitution would not be in line with the requirements deriving from the Constitution and where the resolutions proposed for the referendum are unintelligible, misleading or contain several questions that are not interlinked by virtue of the content and character or several statutory provisions that are not interlinked. Seimas’ decision not to call a referendum shall be executed by a resolution of the Seimas.

Article 14. Preliminary examination of citizens’ petition to call a referendum

1. The Central Electoral Commission shall verify the received documents and the data recorded in the electronic forms for the collection of citizen signatures on calling a referendum within 30 days from the receipt thereof and shall count the citizens’ signatures contained in the forms for the collection of citizen signatures. Having determined that the documents, citizens’ signatures and the method for collecting signatures comply with the requirements of this Law and other legal acts, the Central Electoral Commission shall add the number of signatures of the citizens who have signed electronically to the number of the collected citizens’ signatures indicated in the final act submitted by the group. The Central Electoral Commission shall communicate to the Seimas its conclusion that the documents submitted comply with this Law, together with the final act of the group, petitions of the group and printed data recorded in the electronic form for the collection of citizen signatures.

2. The Central Electoral Commission, having established that very few (up to 0.5 per cent) of the citizens’ signatures are missing, shall inform the group, set an additional time limit of up to 25 days to collect citizen signatures and reactivate the access to the electronic form of citizen signatures. Upon collection of the missing signatures of citizens within the set additional time limit, the petition to call a referendum shall be further examined according to the general procedure.

3. Should the time frame for the implementation of the citizens’ right of initiative to call a referendum be violated, the required number of citizens’ signatures fail to be collected or should it be determined that gross violation of this Law and other legal acts (falsified citizens’ signatures or violation of the prohibition to bribe voters as established in Article 3 of this Law) exist in the submitted documents or were committed when signing the forms for the collection of citizen signatures, the Central Electoral Commission shall refuse the petition to call a referendum, based upon a reasoned decision and inform the group and the Seimas thereof. The group shall have the right to appeal against this decision to the Superior Administrative Court of Lithuania within the period of one month.

4. Should it be determined that a citizen has signed two or more times for calling the same referendum, or has signed the form for the collection of citizen signatures as well as electronically, all of his signatures shall not be counted.  Signatures shall also not be counted, if in violation of Article 12(4) or (5) of this Law, the data about the citizen have been entered on the form for the collection of citizen signatures by someone else, also if not all the data set out in Article 12(1), (2) and (4) of of this Law have been included, or if the data have been rendered incorrectly or if the prohibition to bribe citizens as set out in Article 3 of this Law has been violated when collecting citizens’ signatures.

Article 15. Procedure for passing a Seimas resolution regarding the petition to call a referendum

1. The Seimas, having received a properly executed final act of the group together with the citizens’ petitions, including the printed data recorded in the electronic forms for the collection of citizen signatures and the conclusion of the Central Electoral Commission that the submitted documents are in compliance with this Law, shall deliberate the issue concerning the date of calling the referendum at the next sitting of the Seimas during the session.  The representatives of the group shall be invited to participate at this sitting.  A Seimas resolution on the date of calling the referendum shall be passed in accordance with the procedure laid down in the Statute of the Seimas, not later than within one month from the day on which the discussion of the issue concerning the date of calling the referendum started.

2. Should the group of experts set up in the Seimas arrives at the conclusion that the referendum text supplied in the citizens’ petition to call a referendum may be not in compliance with the Constitution, the Seimas may must make the said conclusion public.

3. The Seimas shall not call a referendum in cases where the provisions of resolution proposed for the referendum would be contrary to the Constitution or where the proposed amendment of the Constitution would not be in line with the requirements deriving from the Constitution or where the resolutions proposed for the referendum are unintelligible, misleading or contain several questions that are not interlinked by virtue of the content and character or several statutory provisions that are not interlinked. A decision of the Seimas not to call a referendum shall be executed by a Seimas resolution.

Article 16. Content of a Seimas resolution to call a referendum

1. The type of a referendum, its date and the text of resolution to be presented in the referendum shall be indicated in a Seimas resolution on calling the referendum.

2. The date for conducting the referendum shall be selected for not later than in eight months and no sooner than in two months from the day of passing the Seimas resolution on the date of calling the referendum.

Article 17. Holding of a referendum and an election on the same day or not later than 45 days after the election

1. In the event where a referendum is held on the same day as an election to the Seimas or an presidential election, or an election to municipal councils, or an election to the European Parliament, the Central Electoral Commission shall set up committees referred to in Article 20(2) of this Law and assign the performance of the functions laid down by law to them.

2. For organising and holding a referendum and an election in the case specified in paragraph 1 of this Article, an electoral roll shall be compiled which contains separate columns so as to ensure the right of voters to participate and vote separately on resolution presented in the referendum for citizens and in the election. In this event, a voter shall be issued with a single poll card to be used in voting; a poll card shall specify information about the referendum and election to be held on the same day as well as about the right of voters to participate therein.

3. In the event a referendum is held not later than 60 days after the election to the Seimas, the presidential election, the election to municipal councils or the election to the European Parliament:

1) the Central Electoral Commission shall take a decision on the extension of the powers of the respective electoral committees and instruct them to perform the functions laid down by this Law;

2) the Central Electoral Commission shall take decisions on the samples and forms of the poll card and seals used in the relevant election, examples of filling of documents and ballots, the procedure of stamping thereof, the use of descriptions of the procedure for organising and conducting the voting, the procedure for transmitting the data from polling district committees, the use of electronic communications and the use of descriptions of the procedure for voting in another referendum district and the application of the requirements for setting up polling stations for the purpose of organising and holding a referendum; 

3) for the purpose of organising and holding the referendum, citizens who will have been 18 years of age on referendum day shall be entered on an electoral roll compiled for an appropriate election and the deceased citizens as well as persons who are not eligible to participate in a referendum shall be struck off of that roll.

Article 18. Referendum campaign

1. The day of the group’s registration with the Central Electoral Commission or the day of the admission at the Seimas of the proposal by the Seimas group to call a referendum shall be deemed as the commencement of the referendum campaign.

2. Upon entry into force of a Seimas resolution to call a referendum, the Central Electoral Commission shall publish in the media and on its website the text of the resolution to be presented in the referendum.

3. The provisions of this Law concerning the referendum campaign shall apply from the day when the referendum campaign commences. Expenses of referendum initiators and opponents for the referendum agitation and expenses for political advertising incurred prior to the commencement of the referendum campaign must be declared in accordance with the procedure laid down by law and may not exceed the maximum permissible amount of expenses related to referendum campaign as fixed by law.

4. Referendum campaign may be of various forms and ways, with the exception of those that are in violation of the Constitution and laws, are in contrary to morality, justice or public harmony, are out of keeping with a fair and honest referendum. 

5. Requirements for marking of political advertising shall be laid down by law; the procedure for marking political advertising shall be laid down by the Central Electoral Commission.

6. Outdoor political advertising shall be communicated in compliance with the rules for communication of outdoor political advertising approved by the Central Electoral Commission.

7. In the event of calling or having already called a mandatory referendum, in the light of the importance of the resolution to be presented in the referendum, the Seimas may instruct the Government or an institution (institutions) authorised by it to inform the public during the referendum campaign of the importance for the life of the State and the Nation of the issue submitted for resolution by referendum.

8. Referendum campaign shall, despite its ways, forms and measures, be prohibited with 30 hours left before the commencement of voting in the referendum and on polling day until the close of poll, with the exception of permanent visual campaign material which was displayed prior to the commencement of prohibition of this referendum campaign and the removal of which requires complex actions. During the period of prohibition of the referendum campaign and the period of early voting, no visual referendum campaign measures (with the exception of those produced by the Central Electoral Commission) may be present in the polling station and within 50 meters of the building in which the polling station is situated. If the election campaign is conducted concurrently, the campaigning shall be prohibited during 30 hours before the commencement of the election and on polling day until the close of poll under the same conditions and in accordance with the same procedure as specified in this paragraph. If the referendum is held more than one day (two or more days) and the period of more than one day is between the days of the referendum, on the first day of the referendum the period of prohibition of campaigning shall end after the vote. The period of prohibition of the referendum campaigning shall commence before the next day of the referendum in accordance with the procedure laid down in this paragraph.

Note of the TAR (‘TAR’ is the acronym standing for the Register of Legal Acts in Lithuanian). To declare that the provisions of Article 18(8) of the Law of the Republic of Lithuania on Referendums (version of 20 December 2018; TAR, 28-12-2018, No 21715) ‘If the referendum is held more than one day (two or more days) and the period of more than one day is between the days of the referendum, on the first day of the referendum the period of prohibition of campaigning shall end after the vote. The period of prohibition of the referendum campaigning shall commence before the next day of the referendum in accordance with the procedure laid down in this paragraph‘, the provision of Article 45(1) of this Law ‘(if a referendum is held longer than one day - until 6pm of the last day of voting at the referendum)‘, Article 53(2) of this Law, the provision of Article 81(1) of this Law ‘In the event a referendum is conducted on more than one day, the last day of voting by referendum shall be deemed to be the date of passage of a law, other legislative enactment or resolution adopted by referendum‘, Article 82 of this Law are in violation of Article 9(1) and (4) of the Constitution of the Republic of Lithuania and the constitutional principle of a State under the rule of law.

15-02-2019 ruling No. KT8-N2/2019 (‘KT‘ is the acronym standing for the Constitutional Court in Lithuanian)

9. Information about a referendum held, its importance for the life of the State and the Nation, the number of citizens who have come to vote, the documents necessary to have when voting at the referendum, invitation to come to vote or any other information which does not urge not to participate in the referendum, to vote for or against adoption of the resolution presented for the referendum shall not be regarded as referendum campaigning.   

10. Anyone shall be prohibited from taking advantage of his official position in state, municipal or European Union institutions, agencies, organisations or bodies as well as in the Lithuanian National Radio and Television, regional broadcasters or municipal media when carrying out referendum campaigning or from instructing other persons to do so, or from trying to affect the referendum results in any other manner by taking advantage of his official position. State, municipal or European Union officials, civil servants and other servants shall be prohibited from taking advantage of their official position in order to provide exclusive conditions for referendum campaigning for themselves or others. In the event an official violates this Article, an administrative or criminal action may be brought against him in accordance with the procedure laid down by law, without prejudice to Protocol No 7 on the Privileges and Immunities of the European Union annexed to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community (OJ 2016 C 202, p. 266).

11. Persons who have violated the provisions of paragraph 8 of this Article shall be held liable in accordance with the procedure laid down by law.

Article 19. Conditions and procedure of referendum campaign

1. The right to use the Lithuanian National Radio and Television free of charge shall be extended to the group’s representatives, Seimas members, President of the Republic, Prime Minister, ministers, political parties, non-governmental organisations and citizens. The Central Electoral Commission, after consultation with the head of the Lithuanian National Radio and Television shall approve the rules for preparing broadcasts intended for referendum campaigning and the actual duration and time of the Lithuanian National Radio and Television broadcasts. Both the group and its opponents’ representatives shall be accorded at least five hours each of the public (national) radio and television time of which not less than one-fourth of the public (national) radio and television time shall be accorded for holding debates between them. The first hour of the public (national) radio and television broadcasting time to present an initiative organised by the group must be allotted while collecting citizens’ signatures for this initiative.

2. The group shall propose participants of the radio and television broadcasts, who support the initiative of calling a referendum and the resolution proposed for this referendum; the group shall inform the Central Electoral Commission of this.  The opponents of the group shall be representatives of the political parties and public organisations as well as other persons who do not approve of the initiative of calling a referendum and of the resolution proposed for this referendum.  They shall inform the Central Electoral Commission of their desire to take part in the debates. The Central Electoral Commission, adhering to the order of priority set out in paragraph 3 of this Article, shall compile a list of the persons to take part in the debates held in radio and television broadcasts intended for referendum campaigning.

3. The following order of priority shall be laid down for the persons in opposition to the group, who participate in the debates held in the radio and television broadcasts:  the President of the Republic; Members of the Seimas  (their order is determined by mutual agreement or by drawing lots); the Prime Minister; the ministers (their order shall be determined through mutual agreement or by drawing lots); the representatives of the political parties whose candidates have been elected in the multi-member constituency (their order of priority is determined by mutual agreement or by drawing lots); the representatives of the political parties whose candidates have been elected only in a single-member constituency (their order of priority is determined by mutual agreement or by drawing lots); representatives of the political parties whose candidates have not elected or have not taken part in the election to the Seimas (their order of priority is determined by mutual agreement or by drawing lots); representatives of non-governmental organisations (their order of priority is determined by mutual agreement or by drawing lots); citizens (their order of priority is determined by drawing lots).  If debates held by the radio and television are attended by persons who only support the calling of a referendum and the resolution proposed for this referendum or only oppose these, such persons shall hold discussions with the broadcast presenter or the broadcast participants invited by him.

4. All broadcasters shall have the right to produce, on their own initiative, debate programmes in compliance with the provisions of the Law of the Republic of Lithuania on Funding of, and Control over Funding of, Political Campaigns. Other terms and conditions provided for in this Article shall not apply to the said broadcasters. The procedure for specifying the referendum campaign by indicating the source of funds or that the referendum campaign is carried out free of charge shall be established by the Central Electoral Commission.

5. For the purpose of this Law, outdoor political advertising shall mean political advertising communicated to the public through audio or visual media. Political advertising announced in public areas, buildings, vehicles shall also be regarded as outdoor political advertising.

6. It shall be prohibited to display and disseminate outdoor political advertising:

1) on the buildings occupied by state administration, law-enforcement and other state and municipal institutions and bodies;

2) inside or outside the public transport vehicles belonging to state or municipal enterprises, with the exception of cases where advertising areas or video broadcasting devices belong or are transferred for use to third parties who may not be directly or indirectly influenced by the state or municipal enterprise;

3) on motorways and in their sanitary protection areas, as well as in and alongside streets if it might obstruct technical traffic regulation means and road signs, reduce visibility, blind traffic participants, distract their attention, thereby posing danger to traffic participants; it is also prohibited to use advertising that imitates road signs;

4) on sculptures and monuments;

5) within 50 metres around the building which houses a polling station;

6) without the consent of the owner of the land, construction works or other structures on or in which it is being set up.

7. Outdoor political advertising in protected areas and immovable cultural properties, as well as in their territories shall be permitted only upon agreement with a state body responsible for the protection of cultural properties and a body authorised by the founder of the protected area.

8. The obligation to remove outdoor political advertising shall remain with a person who has publicised outdoor political advertising.

9. Persons who have violated the requirements of the procedure for installing and communicating outdoor political advertising shall be held liable under law.

10. All disputes concerning the referendum campaign shall be settled by the Central Electoral Commission in compliance with this Law.

Article 20. Openness of preparation and holding of a referendum

1. The referendum committees indicated in Article 21 of this Law shall prepare and hold a referendum openly. They inform the citizens about their work, formation and composition of municipal and district referendum committees, their location and working times.

2. Information concerning meetings of a referendum committee shall be posted on the notice board installed in the building where the headquarters of this committee is situated and the referendum committee members shall be informed personally at least 24 hours prior to the start of a meeting.

3. The Central Electoral Commission shall announce for the media on its website about Commission’s meetings in which the following issues are discussed: the registration and determining of a group, whether the signatures submitted by the group meet the requirements of this Law; formation of municipal referendum committees and the changing of the composition thereof; decisions based on drawing lots; the referendum results and determination of the final results of the referendum; it shall also provide information regarding the meetings in which disputes on violations in referendum campaigning and of this Law are examined. The Central Electoral Commission shall also publish on its website its decisions adopted in during the organising and conducting of the referendum and the preliminary voting results of the referendum. The preliminary results of the referendum shall be published on the website of the Central Electoral Commission upon being received by the Central Electoral Commission.

4. Meetings and voting of the Central Electoral Commission and the municipal referendum committees as well as activities of district referendum committees during the voting and ballot-counting shall be public. They may be observed by: group members, group’s representatives and observers, political party representatives and observers upon the presentation of certificates of a specified form and the representatives of the media upon presentation of official or work certificates.

5. People present in the meeting hall may take shorthand notes or minutes of the meeting, photograph or film, and make sound and video recordings from their places. To photograph or film or make video recordings when that requires moving around the premises or employ special lighting equipment, also to do direct broadcasts of the meetings by radio or television shall only be possible with the authorisation of the committee chairman.

6. The Central Electoral Commission and the referendum committees may not hold closed meetings. The Central Electoral Commission may forbid outsiders to enter the working space of the staff serving a referendum committee and the document storage facilities, should that be necessary in order to ensure the undisturbed performance of these employees and to protect the referendum documents.

7. Should there be reason to believe, that a threat may arise in the course of a meeting to the safety of the participants at the meeting, the chairman of the committee may ask the police to check the documents, personal belongings or do a personal check of the persons entering the meeting hall.

8. The committee may remove from the meeting hall the persons who interfere with the normal performance of its work.

9. The producers and disseminators of public information shall provide information through the media on the preparation and conduct of the referendum. Journalists shall have the right to participate in all events, which shall be organised by the referendum committees, and also may obtain information regarding the preparation and conduct of the referendum.

CHAPTER THREE

PREPARATION FOR A REFERENDUM

Article 21. Referendum committees

1. In the Republic of Lithuania a referendum shall be organised and conducted by:

1) the Central Electoral Commission;

2) municipal referendum committees; and

3) district referendum committees.

2. A citizen of the Republic of Lithuania may be nominated to a referendum committee provided he is eligible to stand in election as a member of the Seimas (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 referendum day) and has not been dismissed from the electoral or referendum committee in the course of the last three elections to the Seimas, presidential elections, elections to the European Parliament, municipal councils or referendums for violation of the Law on Elections to the Seimas, the Law on Presidential Elections, the Law on Elections to Municipal Councils, the Law on Elections to the European Parliament or this Law.

3. A person shall not be considered to be of good repute where he:

1) he has been found guilty, by an effective judgement of conviction, of a criminal act and his prior conviction has not expired yet or has not been expunged;

2) he has been dismissed from the office, to which he was appointed or elected, because he broke the oath or promise, degraded the name of the officer and less than three years have elapsed from the date of the dismissal or entry into force of a decision to revoke the mandate;

3) he has been dismissed from work, from the office or has lost the right to engage in a certain activity for non-compliance with the requirements of good repute set out in laws and for breach of ethics laid down in legal acts, and less than three years have elapsed since the dismissal from work, from the office or loss of the right to engage in a certain activity;

4) he is a member of an organisation which is prohibited in accordance with the procedure laid down by law.

4. The Central Electoral Commission shall, in accordance with the procedure laid down by it, organise trainings for members and chairmen of referendum committees.

Article 22. Powers of the Central Electoral Commission in organising and conducting a referendum

1. The Central Electoral Commission shall:

1) register a group;

2) issue forms for the collection of citizen signatures to the group;

3) verify and establish that the signatures of 300 000 citizens have been properly collected;

4) set up municipal referendum committees;

5) determine the samples and forms of referendum ballots, other documents used in the referendum as well as packets, seals, examples how to complete them and the procedure for stamping referendum ballots;

6) manage the state funds allotted for the referendum;

7) oversee the implementation of this Law;

8) register according to the presentation of the groups and parties, their representatives and observers at the Central Electoral Commission and issue certificates to them;

9) examine the disputes and take decisions on the decisions of municipal referendum committees and district referendum committees;

10) determine and publish the final results of the referendum;

11) exercise other powers set out in this Law.

2. If an election to the Seimas or a presidential election, or an election to the European Parliament, or an election to municipal councils and a referendum are concurrently held on the same day, the same polling district committees and referendum committees shall be formed.  The Central Electoral Commission shall form a single – municipal, constituency electoral or referendum – committee in a separate electoral, referendum territory and shall define its functions in organising and conducting an election or a referendum.

Article 23. Formation of municipal referendum committees

1. The Central Electoral Commission shall form municipal referendum committees to organise and conduct a referendum in the municipal territory for the period of the referendum and at least 60 days prior to the referendum vote day.

2. Municipal referendum committees shall be formed of:

1) a person having a university law degree who resides or works in the territory of this municipality and who has been recommended by the Minister of Justice;

2) a person having a university law degree who resides or works in the territory of this municipality and who has been recommended by the Lithuanian Lawyer’s Association;

3) a career civil servant who works in the administration of this municipality and who has been recommended by the director of the municipal administration;

4) persons recommended by the political parties which have received the Seimas member mandates in a multi-member constituency;

3. The Minister of Justice, the Lithuanian Lawyer’s Association and the director of the municipal administration may recommend more candidacies, as well.

4. The political parties which have received Seimas member mandates in a multi-member constituency according to the list (joint list) of the nominated candidates shall have the right to recommend two their representatives to each municipal referendum committee according to one list (joint list) of the candidates nominated in the multi-member constituency. If the representatives proposed by the political parties meet the requirements of this Law, the Central Electoral Commission may not reject these nominees.  If no nominees have been proposed, the Central Electoral Commission may, in their place, appoint in addition as members of a municipal referendum committee the persons recommended by the Minister of Justice, the Lithuanian Lawyer’s Association or the director of the municipal administration.

5. In all instances, at least three members of a municipal referendum committee must be the persons appointed to the municipal referendum committee from those nominated by the Minister of Justice, the Lithuanian Lawyer’s Association and the director of the municipal administration.  If there are fewer of such persons, the municipal referendum committee shall be increased from those nominated by the Minister of Justice, the Lithuanian Lawyer’s Association or the director of the municipal administration.

6. The Central Electoral Commission shall appoint the chairman of a municipal referendum committee from the committee members.

7. A municipal referendum committee shall elect a deputy chairman and secretary of the committee at the committee’s first meeting. 

Article 24. Powers of a municipal referendum committee

A municipal referendum committee shall:

1) set up district referendum committees;

2) inform the voters residing in the territory of the municipality with regard to the boundaries of the referendum districts, their headquarters, working hours and polling stations;

3) oversee the implementation of this Law within the municipal territory;

4) distribute the funds allocated for the referendum among the district referendum committees, control the use of these funds and report to the Central Electoral Commission about the funds used for the referendum;

5) on the recommendation of a group, political parties, register their representatives and referendum observers and issue certificates to them;

6) make up a list of healthcare (exception for outpatient) institutions, social care and guardianship institutions, military units, police arrest houses, remand prisons and penitentiary institutions situated in the territory of the municipality and make arrangements to organise voting at special polling places in those institutions as well as organise early voting;

7) draw up a vote counting record of the municipality;

8) consider complaints against decisions and actions of the district referendum committees and take decisions thereon;

9) during the referendum campaign carry out the monitoring of political advertising within the territory of the municipality and submit such data to the Central Electoral Commission in accordance with the procedure established by the Central Electoral Commission;

10) exercise other powers provided for in this Law.

Article 25. Referendum districts

1. Taking into account the convenience for voters to reach polling stations and the number of voters, the territories of the municipalities shall be divided into polling districts and, during organising and conducting of a referendum, these shall become referendum districts.

2. If necessary, upon the recommendation of the director of the municipal administration the Central Electoral Commission shall change the division of the territory of a municipality, which is constant in organising and conducting referendums, into the referendum districts.  The Central Electoral Commission shall publish a list of the approved referendum districts and the changes therein on its website.

3. A maximum of 5 000 citizens who are eligible to vote must reside in the territory of a referendum district.

4. The boundaries of a referendum district and the address of a polling station shall be changed if necessary, but not later than 100 days prior to referendum day. In his recommendation for approval of the division of the municipal territory into referendum districts, the director of the municipal administration shall indicate the proposed name of a referendum district, addresses comprising the referendum district, the number of citizens in the referendum district and the address and telephone number of the polling station.  The proposed changes must be indicated in the recommendation to change the division of the municipal territory into referendum districts.  These changes must be submitted to the Central Electoral Commission at least 110 days prior to referendum day.  Should it not be possible to accommodate referendum voting in a previously designated polling station, the Central Electoral Commission may, upon the recommendation of the municipal referendum committee, change the address of the polling station within is a shorter time limit left before referendum day than specified in this Article.

Article 26. Formation of municipal referendum committees

1. A municipal referendum committee shall establish the number of each district referendum committee at least 48 hours before referendum day. It must be the least common multiple of the number of the political parties (coalitions thereof) which have the right to nominate candidates to district referendum committees. A district referendum committee must be made up of at least five members.

2. The following shall have the right to nominate an equal number of candidates for a district referendum committee:

1) a political party or a coalition of political parties which during the last election to the Seimas obtained the mandates of Seimas members in a multi-member constituency. If a political party obtained the mandates of Seimas members while being in a coalition, it may nominate the candidates along with the political parties which participated in the coalition;

2) a political party or a coalition of political parties which during the last election to the council of the municipality in the territory of which the referendum district is located obtained the mandates of the members of the council of this municipality according to the list (joint list) of nominated candidates.  If a party obtained the mandates of the councillors while being in a coalition, it may nominate the candidates along with the political parties which participated in the coalition.

3. If a political party may nominate candidates to a district referendum committee according to the results of both the election to the Seimas and the election to the municipal council, it must then propose the candidates only according to the results of one of these elections at choice. Should one of the political parties which participated in the election while being in a coalition fail to propose candidates or refuse to nominate them to a district referendum committee, or choose to propose them according to the results of the elections other than those in which it participated being in a coalition, the other parties which participated in this coalition shall have the right to propose candidates without its participation.

4. A political party shall submit to a municipal referendum committee a list of candidates for district referendum committees at least 41 days prior to referendum day.

5. District referendum committees shall be formed by municipal referendum committees for the period of a referendum at least 38 days prior to referendum day. If a candidate proposed by a political party meets the requirements of this Law, the municipal referendum committee may not reject it.

6.  If no candidates have been proposed or if the proposed candidates do not meet the requirements of this Law, or if they have been proposed after the expiration of the stipulated time limit, or if a vacancy has opened up on the district referendum committee and no new candidacy is proposed, the municipal referendum committee may reduce the earlier established number of the members of the district referendum committee or request that the director of the municipal administration would nominate the missing candidates to the district referendum committee.  The persons proposed by the director of the municipal administration may not be political party members or become such prior to the expiration of the term of the referendum committee member’s powers.  Should at a meeting of the municipal referendum committee in which a member of the district referendum committee nominated by the director of the municipal administration is to be appointed at least three municipal referendum committee members object to the appointment of this candidate nominated by the director of the municipal administration to the district referendum committee, this candidate may not be appointed as a committee member. 

7. The municipal referendum committees shall appoint chairmen of the district referendum committees from the committee members.

8. 8. At its first meeting, a district referendum committees shall elect a deputy chairman and a secretary of the committee.

Article 27. Powers of a district referendum committee

A district referendum committee shall:

1) receive district electoral rolls from the municipal referendum committee, provide conditions for citizens, representatives of the group, representatives of the political parties to familiarise themselves with the said rolls, hand poll cards to citizens or distribute them in some other manner, inform the municipal referendum committee about the inaccuracies noticed in the district electoral roll;

2) investigate complaints about the errors made in electoral rolls;

3) in accordance with the procedure laid down by the Central Electoral Commission, organise the voting at special polling places in all healthcare (except fort outpatient) institutions, social care and guardianship institutions, military units, police arrest houses, remand prisons and penitentiary institutions situated within the territory of the referendum district; it shall also organise voting at home;

4) together with a representative of the municipal administration, take care of the arrangement of polling stations, polling booths and ballot boxes in due time pursuant to the requirements laid down in this Law;

5) organise voting in the referendum district on referendum day;

6) count votes and draw up the vote counting records of the referendum district;

7) consider complaints of the citizens and referendum observers of its district on issues concerning the preparation of the referendum, organising of voting, vote counting, drawing-up of vote counting records and take decisions related thereto; and

8) exercise other powers provided for in this Law.

Article 28. Written pledges of referendum committee members

1. The chairman and members of a referendum committee shall begin performing their duties in the referendum committee upon giving a written pledge.

2. The Central Electoral Commission shall lay down the procedure for giving a written pledge for the chairmen of municipal and district referendum committees. The following text of the written pledge of the chairman and members of a referendum committee shall be established:

“I, member, chairman of the referendum committee (surname, name), do solemnly swear that I will be faithful to the Republic of Lithuania and adhere to its Constitution and laws, conscientiously and honourably discharge my duties in the referendum committee and refrain from behaviour violating laws and the human rights.

So help me God.”

3. The pledge may be given without including the last sentence.  Having given the written pledge, a person shall subscribe to the text of the pledge. The pledge shall be effective for the whole duration of the appointment to the referendum committee.

4. The pledges signed by the chairmen and members of the referendum committees shall be kept by the committees which appointed them.

5. The referendum committee, when appointing a committee member, shall set the time when he must give a written pledge. A person who has failed to provide a written pledge for more than 15 days from his appointment or has given a written pledge with a reservation shall lose his position on the referendum committee.

Article 29. Organisation of the work of referendum committees

1. Meetings of referendum committees shall be valid if attended by at least three fifths of the committee members.

2. Decisions of referendum committees shall be taken by open vote of the majority of the committee members attending the meeting. When the vote ties, the committee chairman shall cast the deciding vote. The committee members who do not agree with the decision shall be entitled to express a separate opinion in writing. The separate opinion shall be appended to the minutes of thje referendum committee and shall form an integral part of the minutes.

3. Following the referendum, the powers of the chairmen and members of the municipal referendum committees and the district referendum committees shall be terminated. A decision to terminate the powers shall be taken by the committee which appointed the committee members and the chairman of the committee, after the referendum committee and its chairman have fulfilled all the tasks assigned to him pursuant to this Law.

4. The chairman or a member of a referendum committee who has given the written pledge shall be prohibited from any form of referendum campaigning or to influence the voters' will in any other way. A person who has violated this requirement or the written pledge of the committee member must be dismissed from the referendum committee and must be held liable under law.

Article 30. Complaints about decisions of referendum committees taken prior to the close of poll

1. Group members, political parties as well as their representatives and observers may appeal against the decisions of the referendum committees, which have been taken prior to the close of poll, as follows:

1) that of the district referendum committee – to the municipal referendum committee;

2) that of the municipal referendum committee – to the Central Electoral Commission;

3) that of the Central Electoral Commission – to the Supreme Administrative Court of Lithuania.

2. The Central Electoral Commission must investigate the complaints prior to the validation of the results of the referendum. Decisions of the Central Electoral Commission adopted in the course of complaint investigation or its other activities may be appealed against to the Supreme Administrative Court of Lithuania over the period of five days following the adoption of the decision, but not later than before the close of the polls at the referendum. A complaint must be investigated not later than within 48 hours from the making of the complaint. This time limit shall also include non-work days. The decision of the Supreme Administrative Court of Lithuania shall be binding from the date of its delivery.

3. The complaints made without adhering to the procedure stipulated in this Article shall not be investigated and shall be referred to that referendum committee which must investigate them. The district referendum committee or the municipal referendum committee may not refer to the Central Electoral Commission for investigation the complaints which it must investigate according its remit, but which have not been examined.

4. The acts of the Central Electoral Commission in implementing the provisions of Chapter II of this Law shall be appealed against to the Supreme Administrative Court in accordance with the procedure laid down in this Article. The time limits set out in paragraph 2 of this Article shall be applied in the investigation of such complaints.

Article 31. Referendum committees when two or more referendums are called simultaneously

When two or more referendums are being called or conducted simultaneously, the committees set up in accordance with the procedure laid down by this Law shall be common for all such referendums.

Article 32. Assistance for referendum committees

1. State and municipal institutions, bodies and their officers and employees, enterprises and workers thereof must assist the referendum committees in implementing their powers and supply necessary information to them. 

2. State and municipal institutions, bodies, their officers and employees, enterprises and workers thereof must consider the requests submitted by the referendum committees not later than within three days and provide the referendum committee with a reasoned response.

3. The chairman of a referendum committee shall have the right to conclude employment contracts with employees necessary to carry out ancillary works related to the organisation of a referendum. These employment contracts shall be concluded by the chairman of the referendum committee under the power of attorney on behalf of the Central Electoral Commission. The remuneration of the said employees shall be determined in fixed-term employment contracts in accordance with the remuneration rates set by the Law of the Republic of Lithuania on Remuneration of Employees of State and Municipal Bodies.

Version of paragraph 3 valid as of 1 July 2019:

3. The chairman of a referendum committee shall have the right to conclude employment contracts with employees necessary to carry out ancillary works related to the organisation of a referendum. These employment contracts shall be concluded by the chairman of the referendum committee under the power of attorney on behalf of the Central Electoral Commission. The remuneration of the said employees shall be determined in fixed-term employment contracts in accordance with the remuneration rates set by the Law of the Republic of Lithuania on Remuneration of Employees of State and Municipal Bodies and Members of Committees.

4. State and municipal institutions, bodies, their officers and employees, enterprises and workers thereof must provide the referendum committees with suitable premises, equipment, computer hardware and Internet access free of charge in order to prepare and conduct a referendum. The suitability of polling stations provided for a referendum and the arrangement thereof or the needs of citizens with reduced mobility and/or vision impairment as well as for elderly citizens must be assessed by the municipal authorities responsible for the adaptation of public buildings to the special needs.

Version of paragraph 4 valid as of 1 July 2019:

4. State and municipal institutions, bodies and enterprises and workers must provide the referendum committees with suitable premises and equipment to prepare and conduct a referendum. The municipal administration, not later than within 20 days from the date of calling a referendum and taking into consideration the need of polling stations adapted for persons with disabilities in a specific referendum district must assess whether the polling stations provided for the referendum are suitable and adapted to the needs of voters with disabilities or elderly voters. Having established that the polling stations are not suitable, the municipal administration must adapt them to the said needs or rent premises already adapted to such needs. With not more than two months before the referendum, the referendum committee shall, together with the municipal administration, carry out an additional assessment of the suitability of the polling stations. Non-governmental organisations may be involved in the assessment of the suitability of polling stations. The suitability of polling stations shall be assessed and the non-governmental organisations shall be involved in accordance with the procedure established by the Central Electoral Commission.

5. The Central Electoral Commission shall transfer the state budget funds allocated to municipal referendum committees to organise a referendum to the bank account opened by the Central Electoral Commission for each municipal referendum committee.

6. The Chairperson of the Central Electoral Commission shall sign with the chairman of a municipal referendum committee an agreement on the use of state budget funds for the organisation of a referendum that stipulates:

1) the amount of the state budget funds transferred to the municipal referendum committee and the programme of the Central Electoral Commission under which such funds are allocated;

2) the intended purpose of the use of the state budget funds;

3) planned detailed distribution of the budget funds according to the economic purpose of expenditure and the calculation of remuneration costs (appended to the agreement);

4) the procedure for accounting to the Central Electoral Commission for the use of the state budget funds (indicating the economic purpose of expenditure) and submitting the accounting documents justifying the use of the funds;

5) other provisions helping the Central Electoral Commission to ensure the legality, cost-effectiveness, efficiency and effectiveness of the implementation of programmes and the use of the allocated appropriations.

7. The Central Electoral Commission shall transfer the state budget funds for organisation of a referendum to the accounts indicated in paragraph 5 of this Article according to the estimates of municipal referendum committees approved by the Central Electoral Commission.

8. The chairman of the municipal referendum committee shall control the use of the state budget funds allocated to the municipal referendum committee to organise the referendum and shall report to the Central Electoral Commission for the use thereof.

9. The Central Electoral Commission shall examine the report on the use of the state budget funds for the organisation of the referendum and the documents justifying the expenditure presented by the chairman of the municipal referendum committee. Having established violations of financing, use of funds or accounting, the Central Electoral Commission shall initiate full recovery of the damages from the guilty persons.

10. The chairman of the municipal referendum committee shall be liable for the damages inflicted during the period of validity of the agreement on the use of state budget funds for the organisation of even after the expiration of such an agreement.

Article 33. Remuneration of referendum committee members

1. Remuneration at the following rates shall be fixed for a working day at referendum committees:

1) for the chairmen of municipal referendum committees – 0.31 of a respective year’s base amount of the basic salary approved by the Seimas of the Republic of Lithuania for the purpose of calculating basic salaries of state politicians, judges, state officials, civil servants, employees of state and municipal budgetary institutions (hereinafter: the ‘base amount of the basic salary’);

2) for the deputy chairmen, secretaries and members of municipal referendum committees – 0.25 of the base amount of the basic salary;

3) for the chairmen of district referendum committees – 0.25 of the base amount of the basic salary;

4) for the deputy chairmen, secretaries and members of district referendum committees – 0.2 of the base amount of the basic salary;

2. The chairmen, deputy chairmen, secretaries and members of the referendum committees shall be remunerated for the work at the referendum committees on the basis of the data provided in the timesheets, within the limits of the appropriations allocated for remuneration to a relevant referendum committee.  The procedure for filling in timesheets at the referendum committees shall be laid down by the Central Electoral Commission.  The chairman of a respective referendum committee shall be responsible for the correctness of the data contained in the timesheets.  Work at the referendum committees shall not be subject to limitations on working time set out in the Labour Code of the Republic of Lithuania.

3. The members, chairmen, deputy chairmen and secretaries of referendum committees may receive a lump-sum cash benefit as an incentive for very good work in the referendum committees.  This benefit may not be higher than 100 % of the average of the monthly remunerations received over the entire period of work in the referendum committees, within the limits of the funds designated as incentives in the cost estimate of the committee concerned.  The amount of a lump-sum cash benefit shall be determined taking into account the scale, quality and complexity of the work carried out.

4. A decision on giving incentives to the chairmen of municipal referendum committees shall be adopted by the Central Electoral Commission, taking into account the work done by them in organising and conducting a referendum and the account for the use of funds allocated to the committees.  The deputy chairmen, members and secretaries of municipal referendum committees may receive a lump-sum cash benefit as an incentive by the decision of the Central Electoral Commission, subject to the recommendation of the chairmen of the municipal referendum committees.

5. Decisions on giving incentives to the chairmen of district referendum committees shall be taken by municipal referendum committees, in view of their work in organising and conducting a referendum. The deputy chairmen, members and secretaries of district referendum committees may receive a lump-sum cash benefit as an incentive by the decision of the respective municipal referendum committee, subject to the recommendation of the chairman of the district referendum committee.

Article 34. Changing the composition of referendum committees

1. The chairman or a member of a referendum committee may be removed from his position in the committee by the referendum committee which approved the composition of the said committee or by the Central Electoral Commission.

2. The Central Electoral Commission or a municipal referendum committee may consider only a reasoned proposal of a political party or a coalition of the parties to recall a member of the referendum committee nominated by it.

3. Where necessary, a new chairman or member of a referendum committee may be appointed in accordance with the procedure established by this Law even upon the expiration of the time limits stipulated in Article 23(1) and Article 26(5) of this Law.

CHAPTER FOUR

ELECTORAL ROLLS AND REFERENDUM DOCUMENTS

Article 35. Rolls of citizens entitled to take part in a referendum

1. Rolls of citizens entitled to take part in a referendum shall be referred to as electoral rolls. In order to organise and conduct a referendum the following electoral rolls shall be compiled:

1) the electoral roll of the Republic of Lithuania;

2) municipal electoral rolls;

3) referendum district electoral rolls.

2. The electoral rolls shall be compiled on a preliminary and final basis. These rolls may be only be used for organising and conducting a referendum.

3. The procedure of compiling electoral rolls must be such that every citizen eligible to to vote must be entered thereon. No one may be entered on an electoral roll several times.

4. The electoral roll of the Republic of Lithuania and municipal electoral rolls shall be compiled electronically and managed by the Central Electoral Commission together with the administrator of the Residents’ Register. Referendum district electoral rolls shall be printed. The procedure for compiling of electoral rolls, their form, the method of compiling and the procedure for using them shall be laid down by the Central Electoral Commission. The following personal data shall be used when compiling electoral rolls:

1) on the electoral roll of the Republic of Lithuania - the name, surname, personal number, date of birth, number of the document confirming citizenship, home address and grounds for entering the address in the Residents’ Register;

2) on the municipal electoral rolls: the name, surname, personal number, date of birth, home address and grounds for entering the address in the Residents’ Register;

3) on the referendum district electoral roll: the name, surname and home address. The address of the voters who have expressed disagreement that their address would be announced in the electoral roll of a referendum district shall be indicated only in the annex to the electoral roll of the referendum district and in the poll card.

5. Every voter shall have the right to express disagreement about his home address being made public on a referendum district electoral roll. The Central Electoral Commission shall, together with the administrator of the Residents’ Register, create conditions for voters to exercise their right to express disagreement about their home addresses being made public in the electoral roll of the referendum district.

Article 36. General procedure for entering citizens in the electoral roll of the Republic of Lithuania

1. All citizens who are entitled to take part in a referendum shall be entered on the electoral roll of the Republic of Lithuania according to the data of the document certifying citizenship (passport or identity card) and according to the data of the Residents' Register.

2. State and municipal institutions and bodies issuing documents certifying citizenship of the Republic of Lithuania, administering data related to the statement of citizens’ residence, registering citizens’ death and loss of citizenship of the Republic of Lithuania shall also be responsible for a timely and proper updating of the Residents’ Register. Electoral rolls compiled on the basis of the data of the Residents’ Register shall be preliminary.

3. Compiling, updating and management of electoral rolls shall be organised by the Central Electoral Commission on the basis of the information furnished by state, municipal institutions and municipal referendum committees.

4. The following persons shall be removed from the electoral roll of the Republic of Lithuania:

1) a diseased citizen;

2) a person who has lost citizenship of the Republic of Lithuania;

3) a citizen who has been declared legally incapable by the court judgment;

5. Preliminary electoral rolls with changes done therein and acknowledged in the procedure established by the Central Electoral Commission shall be, with not more than seven days left before a referendum day, approved as final electoral rolls. Changes in final electoral rolls may be made only subject to the consent of the Central Electoral Commission. After the referendum the electronic electoral roll of the Republic of Lithuania shall be stored and used pursuant to the time limits and the procedure laid down by the Central Electoral Commission.

Article 37. Municipal electoral rolls

A municipal electoral roll shall be compiled in the electronic information media by the Central Electoral Commission according to the electoral roll of the Republic of Lithuania and the citizen’s home address (citizen’s last known home address) indicated therein and shall be delivered to the municipal referendum committee at least 29 days before referendum day. Rolls of voters residing abroad shall also be compiled and delivered to diplomatic missions and consular posts of the Republic of Lithuania. Rolls of citizens whose exact home address is unknown shall also be compiled.

Article 38. Referendum district electoral rolls

1. A referendum district electoral roll shall be compiled by a municipal referendum committee according to the municipal electoral roll and the citizen’s home address indicated therein and shall be delivered to the district referendum committee at least 26 days before voting at a referendum. A roll of citizens whose home address is not specifically known shall also be compiled.

2. Citizens (ship crew members and passengers) who are unable to return to Lithuania during the period of voting by voting envelopes or on referendum day shall, according to the procedure established by the Central Electoral Commission, be entered on the electoral roll of the referendum district on the territory of which the ship’s registration harbour or the administration of the ship’s owner is located.

Article 39. Public announcement of, and access to, electoral rolls

1. A district referendum committee, a diplomatic mission and a consular post of the Republic of Lithuania shall, at least 25 days prior to referendum day, provide access for citizens to electoral rolls. Citizens shall only have access to their own data specified in an annex to the referendum district electoral roll. It shall be prohibited to make copies of referendum district electoral rolls or to duplicate or distribute such rolls in any other manner. A notice must be posted at the entrance to the premises of a referendum committee indicating the duty hours of the committee members and telephone numbers at which the citizens may check whether their names have been entered on the electoral roll. Upon the expiration of the time limit specified in this Law for issuing poll cards, notices indicating the duty hours of the district referendum committee and its contact telephone numbers must also be posted in the stairways of multi-family apartment buildings. The time and place for the implementation of this citizens' right must be specified at the diplomatic missions or consular posts of the Republic of Lithuania at the entrance to the premises of the referendum committee (at an additional polling place abroad at the diplomatic mission or consular post of the Republic of Lithuania - at the entrance to the polling station).

2. The electoral roll of the Republic of Lithuania and municipal electoral rolls shall not be made public, however, information about the entry of the citizen's name on the electoral roll may be provided by telephone to the citizen concerned.

Article 40. Poll Card

1. A poll card shall be a notification giving information about a referendum to a citizen, a nominal invitation to participate at a referendum. Poll cards shall be delivered to citizens or such delivery shall be organised by referendum committees. A citizen himself, or at his request – another person, may print or fill in his poll card in accordance with the data of the electoral roll of the Republic of Lithuania received electronically (via the internet or a mobile short text message) in accordance with the procedure laid down by the Central Electoral Commission. In this event, the citizen himself shall sign his poll card, except for the cases where he is unable to sign it because of his disability or for other reasons and the poll card is signed by another person chosen by the citizen, indicating his name, surname and personal number. Referendum committees shall distribute poll card forms which may be filled in by citizens themselves. A poll card shall be required only when a citizen votes not on referendum day and outside a referendum district.

2. A poll card shall specify:

1) the citizen’s name and surname;

2) the citizen’s date of birth;

3) the citizen’s home address;

4) the name and number of a referendum district on the electoral poll of which the citizen has been entered, and the address of a polling station;

5) the successive number of the citizen on the referendum district electoral roll; and

6) referendum date, polling time at the polling station of the referendum district; invitation to attend a referendum, other information relevant to the citizen or for the organisation of the referendum.

3. If a citizen applies for a poll card in place of the poll card he has lost or has not received, he must be issued with a poll card as soon as his data, which must be entered on the poll card, are established.

Article 41. Delivery of poll cards

1. Delivery of poll cards to citizens shall be organised by a district referendum committee. Articles 57, 59, 60, 61 and 62 of this Law shall lay down the procedure for delivering poll cards to citizens in healthcare (except for outpatient) institutions, social care and guardianship institutions, military units, police arrest houses, remand prisons and penitentiary institutions, and to citizens who have gone abroad.

2. The delivery of a poll card shall be noted in the preliminary electoral roll of a referendum district. A poll card shall be handed either personally to a citizen or to any other person residing with him If a poll card cannot be delivered because the citizen or the person residing with him is not at home, the poll card shall be returned to the district referendum committee and this fact shall be specified in the preliminary electoral roll and a general invitation to come to vote shall be left for the said citizen. Such an invitation may be put into the mailbox or handed to the citizen’s neighbour who knows the citizen and undertakes to give the poll card to him. The delivery of poll cards to citizens must be finished at least eight days before referendum day.

3. A citizen who has not received the poll card in due time or who has received the poll card with incorrect data must immediately inform the district referendum committee in the territory of which he resides and produce his passport or other document confirming his identity to the said committee. If the citizen has been entered on the electoral roll of this referendum district, the district referendum committee must write out a new poll card to the citizen and issue it to him immediately. If the citizen has not been entered on the electoral roll of this referendum district, but the citizen’s home address according to the data of the Residents’ Register is allocated to the territory of this referendum district or the citizen produces other evidences that he resides in the territory of this referendum district, the district referendum committee shall submit to the citizen for filling in a request blank, the form of which is developed by the Central Electoral Commission, to be included on the electoral roll of this referendum district (or a member of the district referendum committee shall fill in this request himself) and shall immediately inform the municipal referendum committee about this, which must have care of entering the citizen on the electoral roll of this referendum district. A poll card shall be written out and delivered to the citizen as soon as the electoral rolls are updated.

Article 42. Updating electoral rolls before compiling final electoral rolls

1. Preliminary electoral rolls shall be updated when transferring a citizen from one referendum district or municipal electoral roll onto another, when removing a citizen from or entering him on the electoral roll of the Republic of Lithuania.

2. A citizen shall be transferred from one electoral roll onto another if it becomes clear that the citizen’s home address in the preliminary electoral roll is incorrect or it has changed after the said roll was compiled.

3. Transferring of a citizen from the electoral roll of one referendum district onto another within the same municipality shall be carried out by the municipal referendum committee which notifies the Central Electoral Commission about the changes made in the electoral rolls of the referendum districts. Transferring of a citizen from the electoral roll of one municipality onto the electoral roll of another municipality shall, on the recommendation of the municipal referendum committee, be executed by the Central Electoral Commission which notifies the municipal referendum committees about the changes made. Only the Central Electoral Commission may enter a citizen on the electoral roll of the Republic of Lithuania or strike him off the electoral roll of the Republic of Lithuania in the cases provided for in Article 36 of this Law.

Article 43. Entering on electoral rolls of citizens staying abroad

1. Citizens of the Republic of Lithuania staying in other states shall be entered on the electoral roll of the municipality of the city of Vilnius.

2. Diplomatic missions and consular posts of the Republic of Lithuania shall, at least 15 days before referendum day, submit to the Central Electoral Commission an electoral roll compiled at the diplomatic mission and the consular post as well as the information regarding its updating. Added to this electoral roll may be the citizens who, during the period of voting by covering envelopes and on referendum day are not able to return to Lithuania and are voting at a diplomatic mission or a consular post of the Republic of Lithuania, or an additional polling place abroad at the diplomatic mission or consular post of the Republic of Lithuania.

Article 44. Entering on electoral rolls of citizens who are in military units, on board the ships, police arrest houses, remand prisons and penitentiary institutions

1. Citizens performing the mandatory military service shall be entered on the electoral roll of the referendum district on the territory of which they habitually resided before they have been called up for the mandatory military service. Citizens performing the active military service, civil service or working under the employment contract in international military operations abroad shall be entered on the electoral rolls of the referendum district where they have declared the home address.

2. Citizens who are aboard the ships and who will be unable to return to Lithuania during the period of early voting or to be present on referendum day shall be entered on the additional electoral roll of the referendum district on whose electoral roll the ship’s crew is entered.

3. Citizens who are in police arrest houses, remand prisons or penitentiary institutions shall be entered on the electoral rolls of the referendum district where they have declared the home address. If such a citizen has not declared his home address, at his written request he shall be entered on the electoral roll of the referendum district within the territory of which the penal institution, police arrest house or remand prison is situated. A citizen who declared his home address before he has been placed in a police arrest house, remand prison or penitentiary institution may not be entered on the electoral roll of the referendum district on the territory of which the police arrest house, remand prison or penitentiary institution is situated.

Article 45. Updating electoral rolls upon compiling final electoral rolls and on referendum day

1. If following the approval of the final electoral rolls, but not later than until 6pm on referendum day (if a referendum is held longer than one day - until 6pm of the last day of voting at the referendum), a citizen who has not been entered on the electoral roll of the referendum district applies to the district referendum committee, attests in writing that he has not voted in another referendum district and submits the citizen’s passport with the home address recorded therein or the passport or the personal identity card and the document specifying his stated home address (the home address must be allocated to the territory of this referendum district, or the citizen must submit some other evidence that he is staying at the address allocated to the territory of this referendum district), the district referendum committee shall enter this citizen on the additional electoral roll of the referendum district and allow him to vote according to the procedure established by the Central Electoral Commission, immediately furnishing the citizen’s surname, name, personal code, his passport number and address to the municipal referendum committee.  The municipal referendum committee shall check whether or not the citizen has been entered on the municipal electoral roll and take measures to guarantee that the citizen would not be able to vote twice or the ballot papers filled in by him would be counted only once. If the citizen has voted twice, only that vote shall be counted which was put in the ballot box of the referendum district.  The other vote of this citizen, received by the voting envelope or cast according to the additional electoral roll of the referendum district shall not be counted.

Note of the TAR. To declare that the provisions of Article 18(8) of the Law of the Republic of Lithuania on Referendums (version of 20 December 2018; TAR, 28-12-2018, No 21715) ‘If the referendum is held more than one day (two or more days) and the period of more than one day is between the days of the referendum, on the first day of the referendum the period of prohibition of campaigning shall end after the vote. The period of prohibition of the referendum campaigning shall commence before the next day of the referendum in accordance with the procedure laid down in this paragraph‘, the provision of Article 45(1) of this Law ‘(if a referendum is held longer than one day - until 6pm of the last day of voting at the referendum)‘, Article 53(2) of this Law, the provision of Article 81(1) of this Law ‘In the event a referendum is conducted on more than one day, the last day of voting by referendum shall be deemed to be the date of passage of a law, other legislative enactment or resolution adopted by referendum‘, Article 82 of this Law are in violation of Article 9(1) and (4) of the Constitution of the Republic of Lithuania and the constitutional principle of a State under the rule of law.

15-02-2019 ruling No. KT8-N2/2019

2. On referendum day a citizen who has not yet voted at this referendum ,may, in accordance with the procedure laid down by the Central Electoral Commission, vote in another referendum district, provided that both of these referendum districts are electronically connected to the electronic electoral roll and the district referendum committees can confirm that the citizen has not voted in any of the referendum districts, and the referendum committee of the referendum district on whose electoral roll the said voter is entered confirms that an entry has been made in the electoral roll of this referendum district about the arrival of the said citizen to vote at another referendum district and the citizen’s vote, if received by the voting envelope, will not be counted.

Article 46. Complaints about electoral rolls

1. Citizens or representatives of the political parties may make complaints with the district referendum committees not later than seven days before referendum day about the errors made in the electoral rolls due to which the citizen has not been entered on the electoral roll  in accordance with the procedure laid down by this Law or has been entered on several electoral rolls. The district referendum committees must consider the complaints and take decisions thereon either immediately or within two days of the receipt of the complaint, if more than ten days are left until referendum day.

2. A decision of the district referendum committee may be within three days appealed against in the appropriate regional administrative court which shall investigate the complaint within two days. The decision of the regional administrative court shall be binding from the date of its delivery and shall be final.

3. Complaints and comments shall not be considered after the expiration of the term set for making comments or complaints.

4. The district referendum committees shall report to the municipal electoral committee about the received complaints and the changes made in the electoral rolls by the court’s decision; the municipal referendum committee shall report the above mentioned information to the Central Electoral Commission as soon as possible but not later than within 12 hours.

Article 47. Establishment of sample referendum documents

The Central Electoral Commission shall establish the samples and forms of poll cards, referendum ballot papers, ballot paper envelopes and covering envelopes, special labels for voting, other official envelopes, packets, documents, seals used for referendum as well as the samples for filling them out.

Article 48. Referendum ballot papers

1. A referendum ballot paper shall include the text of an address to a citizen and the reply versions: “Yes” and “No” or “For” and “Against”.

2. If two or more referendums are held simultaneously, the ballot papers of each one of them must be of a different colour.

3.  The Central Electoral Commission shall establish the form of referendum ballot papers and the sample for filling them out.

Article 49. Delivery of referendum ballot papers

1. Municipal referendum committees shall deliver referendum ballot papers to district referendum committees at least 12 hours prior to the beginning of voting.

2. At the diplomatic missions and consular posts of the Republic of Lithuania, citizens must be provided with free access to referendum ballot papers and covering envelopes at least 20 days before referendum day. On ships voters must be provided with free access to the text of referendum ballot papers not less than 15 days prior to referendum day.

3. The Central Electoral Commission shall be responsible for the issue and delivery of referendum ballot papers, envelopes and special labels within the indicated time limit.

Article 50. Preparation of polling stations

1. A polling station of a referendum district must be completely prepared for a referendum not later than 12 hours before the beginning of voting. By the prescribed time the district referendum committee should have all the referendum ballot papers received from the municipal referendum committee counted and their acceptance act drawn up. In the polling station of a referendum district there must be a ballot box, polling booth (booths) where citizens could fill out referendum ballot papers in private. The referendum campaigning and citizens’ information material issued by the Central Electoral Commission may be displayed in the polling station. The text of this Law must be accessible in each referendum district. The referendum campaigning material, except the material issued by the Central Electoral Commission, must be removed from the polling station, passageways leading to or out of it (corridors) and within 50 metres of the building in which the polling station is situated. Working places for referendum committee members and referendum observers must also be arranged. Upon the arrangement of the polling station, it shall be closed, sealed, left under the police protection and the chairman of the district referendum committee shall inform the municipal referendum committee about this.

2. Other requirements for the arrangement of polling stations shall be laid down by the Central Electoral Commission.

3. The chairman of a district referendum committee shall be responsible for the timely and proper preparation of a polling station. If the administration of the municipality fails to allocate premises suitable for setting up a polling station or fails to ensure the provision of equipment necessary for voting, the chairman of the district referendum committee must immediately notify the municipal referendum committee about this and take measures to find an adequate polling station and to acquire the appropriate equipment as prescribed in Article 80 of this Law.

Article 51. Referendum observers

1. Voters and persons nominated by entities representing foreign states or international organisations may be referendum observers. The mayor, the director of the administration, their deputies, wardens and their deputies of the municipality on the territory of which the observer is entitled to observe the referendum, as well as the members of the referendum committees may not be referendum observers.

2. The following may nominate referendum observers:

1) political parties, a group;

2) non-governmental organisations registered in the Republic of Lithuania whose activities involve elections or the protection of human rights;

3) international organisations whose activities involve elections or the protection of human rights;

4) persons representing foreign states;

5) the Central Electoral Commission on the basis of submitted requests.

3. Political parties, a group, non-governmental organisations shall have the right to propose registration as observers of up to two referendum observers in each referendum district. Requests for the registration of referendum observers must be submitted before the date of early voting, unless it is necessary to change a person who is unable to be a referendum observer for objective reasons.

4. The following shall register referendum observers and issue them with the certificates:

1) the Central Electoral Commission - to observe a referendum within the entire territory of the Republic of Lithuania and at the country’s diplomatic missions and consular posts, in additional polling places abroad at the diplomatic missions and consular posts of the Republic of Lithuania, within the entire territory of the municipality, at special polling places, referendum districts; 

2) a municipal referendum committee - to observe a referendum within the entire territory of the municipality or in the specific referendum districts of that municipality. 

5. Referendum observers shall be registered in accordance with the procedure laid down by the Central Electoral Commission, ensuring compliance with the principle of equality of referendum observers nominated by the political parties, group and non-governmental organisations.

6. Referendum committees may refuse registering a referendum observer if he does not meet the requirements of this Law or his activities do not comply with the Constitution or laws, they may cancel the registration of a referendum observer if he violates the Constitution or laws, or does not comply with decisions of the Central Electoral Commission. The registration of a referendum observer may be cancelled by the chairman of the referendum committee which has registered him or by the chairman of a higher referendum committee. A person who has nominated a referendum observer shall be informed about the refusal to issue the referendum observer's certificate or about the cancellation of the registration of the referendum observer.

7. Referendum observers must be provided with adequate conditions in polling stations of referendum districts to observe the organisation and conduct of voting, counting of votes and drawing-up of documents specified in this Law.

8. Referendum observers shall have the right to monitor organisation and conduct of voting, be present in the referendum committee’s counting of votes and completion of the documents indicated in this Law. Having established that the members of the referendum committee, voters or other persons have allegedly violated this Law, a referendum observer shall be entitled to apply to the chairman or the members of the relevant district referendum committee for the elimination of such violations.

9. Referendum observers shall not have the right to exert influence over the work of referendum committees and individual members of these committees and to disturb in this way their activities and referendum process, to carry out referendum campaigning. Preparedness of a referendum observer to conduct referendum observer’s activities shall be the responsibility of an entity who has nominated him.

CHAPTER FIVE

VOTING

Article 52. Time and venue of voting

1. Voting shall take place on referendum day from 7am to 8pm at the polling station designated by the referendum committee. A different time for voting may be set by a resolution of the Seimas on calling a referendum (but not shorter than the one set in this Law). A resolution of the Seimas may establish that a referendum will be held on more than one day.

Note of the TAR. To declare that the provision of Article 52(1) of the Law of the Republic of Lithuania on Referendums (version of 20 December 2018; TAR, 28-12-2018, No 21715) ‘A resolution of the Seimas may establish that a referendum will be held on more than one day’ is in violation of Article 9(1) and (4) of the Constitution of the Republic of Lithuania and the constitutional principle of a State under the rule of law.

15-02-2019 ruling No. KT8-N2/2019

2. Votes received by voting envelopes shall be valid only in the referendum district on the electoral roll of which the citizens have been entered.

Article 53. Commencement of voting

1. On referendum day a polling station shall be opened only if at least three fifths of the members of the district referendum committee are present. Then, the chairman of the district referendum committee shall, together with other committee members, make sure that the ballot-box is empty and seal it. Having ascertained that the polling station is set up according to the set requirements, the chairman of the district referendum committee shall write down the total amount of referendum ballot papers received by this referendum district in the vote counting record of referendum district, stamp ballot papers, hand referendum ballot papers and electoral rolls to the committee members, write down the number of the referendum ballot papers issued to each committee member in the vote counting record of the referendum district and open the polling station, thus announcing the commencement of voting at a referendum.

2. In the event that a referendum is held on more than one day, the ballot box slot shall be sealed and stamped at the end of each referendum day, excepting the final referendum day, the unused and spoilt referendum ballots shall be collected and stamped in accordance with the procedure established by the Central Electoral Commission and the polling station shall be left under the police protection.  A polling station may also be guarded by the members of the referendum committee and observers, who wish to do so.  A polling station shall be opened on the second and subsequent days when at least third-fifths of the members of the district referendum committee have assembled there and the chairman and the members of the referendum committee have checked the district referendum ballot-box: to see whether the seals have not been tampered with and/or if there are no other signs attesting to the possibility of its having been opened or that it had been possible to remove the referendum ballots from it by other means, and other seals shall also be checked. 

Note of the TAR. To declare that the provisions of Article 18(8) of the Law of the Republic of Lithuania on Referendums (version of 20 December 2018; TAR, 28-12-2018, No 21715) ‘If the referendum is held more than one day (two or more days) and the period of more than one day is between the days of the referendum, on the first day of the referendum the period of prohibition of campaigning shall end after the vote. The period of prohibition of the referendum campaigning shall commence before the next day of the referendum in accordance with the procedure laid down in this paragraph‘, the provision of Article 45(1) of this Law ‘(if a referendum is held longer than one day - until 6pm of the last day of voting at the referendum)‘, Article 53(2) of this Law, the provision of Article 81(1) of this Law ‘In the event a referendum is conducted on more than one day, the last day of voting by referendum shall be deemed to be the date of passage of a law, other legislative enactment or resolution adopted by referendum‘, Article 82 of this Law are in violation of Article 9(1) and (4) of the Constitution of the Republic of Lithuania and the constitutional principle of a State under the rule of law.

15-02-2019 ruling No. KT8-N2/2019

Article 54. Identification of a citizen

1. At the entrance to the polling station, a citizen shall produce to a member of the district referendum committee his passport or any other identification document; he may also produce the poll card. In the referendum districts which are connected electronically to the electronic electoral roll, the citizen’s arrival to vote shall be marked in the electronic electoral roll. Having established that the citizen has arrived at the referendum district on whose electoral roll his name has been entered, the member of the district referendum committee shall hand the citizen an arrival card indicating the number of the citizen in order of arrival at the polling station to vote and shall indicate the committee member to be addressed for a ballot paper. It shall be prohibited to hand several arrival cards to one citizen or to hand him another citizen’s arrival card. If upon arriving at the polling station, the citizen does not have the required documents or it is not clear whether he has been entered on the electoral roll of this referendum district, the committee member shall not hand the arrival card to this citizen; instead, the citizen shall handed a guest’s card and shall be referred to the committee chairman or deputy chairman to clarify his voting status.

2. Having established on the basis of the produced documents that the citizen who has arrived to vote is indeed the citizen whose name is entered on the electoral roll of this referendum district or where two citizens entered on the electoral roll of that referendum district witness to this fact in writing to the chairman of the referendum committee, the member of the district referendum committee who is instructed to hand out the ballot papers shall find the surname of the citizen on the electoral roll and collect the arrival card from him. After the citizen and the committee member who hands referendum ballot papers sign in the electoral roll of the referendum district, the citizen shall be handed the referendum ballot papers. The arrival card shall not be returned to the citizen. When voting, the fact that the ballot paper has been issued shall be marked in the poll card which is then returned to the citizen.

3. It shall be prohibited to hand the citizen the referendum ballot paper of another citizen. The member of the electoral committee who violates this provision shall be held liable according to law of the Republic of Lithuania.

Article 55. Voting procedure

1. Upon the receipt of a referendum ballot paper, a citizen shall proceed to the polling booth and complete the referendum ballot paper there. It shall be prohibited to mark the referendum ballot papers outside the polling booth. The citizen shall be allowed to enter and remain in the polling booth alone, with the exception of the case provided for in paragraph 6 of this Article.

2. The citizen shall, following the indicated model, mark one of the answers indicated in the referendum ballot paper.

3. If two or more referendums are being held concurrently, the citizen shall get and mark separate ballot papers for each referendum.

4. The citizen shall personally put the referendum ballot paper into the ballot box.

5. At the citizen’s request, he shall be issued with a replacement for the spoilt referendum ballot paper. The spoilt referendum ballot paper shall be crossed with a pen (with a ballpoint pen) by a member of the referendum committee who shall then sign it. The spoilt referendum ballot papers shall be kept separate.

6. A citizen who because of his disability or for other reasons is unable to mark his referendum ballot paper or place it into the ballot box may designate another person to mark his referendum ballot paper in the polling booth or place it into the ballot box.. It shall be prohibited for the chairman or members of the referendum committee to perform these actions on behalf of the said citizen.

Version of paragraph 6 valid as of 1 July 2019:

6. A citizen who because of his disability or for other reasons is unable to vote independently must be provided with the possibility of free choice to vote with the assistance of another person or to take the opportunity to vote in a polling booth adapted for disabled persons. The chairman or members of the referendum committee and the referendum observers shall be prohibited from assisting the citizen to vote.

Article 56. Voting at special polling places

1. Voting at special polling places shall be made possible for citizens who due to their health condition or age are in healthcare (except for outpatient) institutions, social care or guardianship institutions or are performing mandatory military service and, therefore, are unable to arrive at a referendum district to vote, or are performing active military service, civil service or working under employment contracts in international military operations abroad, or are serving a sentence of arrest or imprisonment or are in police arrest houses, remand prisons.  Voting at special polling places shall be possible only during the business hours set by the district referendum committee on the recommendation of the heads of the bodies specified in this paragraph, on a last Wednesday, Thursday or Friday before referendum day.  In military units deployed abroad, voting shall be conducted in accordance with the procedure laid down by the Central Electoral Commission (by setting a voting date and transmission of ballot papers electronically), on the recommendation of the Minister of National Defence. Expenses related to voting at special polling places shall be covered from the state budget.

2. The chairman of the committee of a referendum district on the territory whereof a special polling place is situated shall be responsible for organising the voting at that special polling place. Commanders of military units deployed abroad shall be responsible for organising voting at those military units.

3. When carrying out in accordance with the procedure laid down by the Central Electoral Commission the electronic marking of voters who have voted by voting envelopes (when voting at the special polling places as well as in early voting and at home), an early voting sheet shall be used. An early voting sheet shall be a document which an electoral committee or the head of an agency having the special polling place (or a person authorised by him) prints for a voter voting not on referendum day from the information system of the Central Electoral Commission. When voting not on referendum day, an early voting sheet shall be necessary. This sheet shall consist of three parts. The first part shall contain information about a citizen and the poll documents issued to him. After the voting the said part shall be stored at the electoral committee. The second part shall be a receipt confirming the acceptance of the filled-out covering envelope issued to the citizen after the latter hands in the covering envelope sealed following the voting. The third part shall be a poll card handed in to the citizen together with the poll documents; when voting the citizen shall put the said poll card in the covering envelope.

4. The places referred to in Articles 59, 60, 61 and 62 of this Law must have some premises (place) where a citizen can, without interference and in secret, mark the referendum ballot papers and put them in a voting envelope. In these cases the voting procedure may be observed by referendum observers having the referendum observer's certificates permitting them to observe a referendum in any referendum district.

5. Members of a district referendum committee who are appointed to work at a special polling place by the chairman of the committee shall deliver referendum documents to a citizen in accordance with the procedure established by the Central Electoral Commission.  Together with referendum ballot papers, the citizen shall be issued with voting envelopes.  A covering envelope shall be addressed by a member of the district referendum committee to that district referendum committee which is indicated in the person’s poll card.

6. A citizen shall vote in person and in secret:

1) mark a ballot paper;

2) put the marked ballot paper into a ballot paper envelope;

3) seal the ballot paper envelope;

4) put the ballot paper envelope and the poll card in a covering envelope;

5) seal the covering envelope.

7. Actions indicated in paragraphs 6 and 8 of this Article shall be carried out by a citizen himself. If because of his disability or for other reasons a citizen is unable to carry out these actions, a person chosen by him shall carry out the said actions upon the citizen’s request. This person must mark the referendum ballot paper in the citizen’s presence in compliance with his instructions and preserve the secrecy of voting.

8. A citizen shall hand in the sealed covering envelope (which contains the poll card, the ballot paper envelope with the ballot paper therein) to a member of the district referendum committee. The member, having received the covering envelope handed in by the citizen, shall seal it with a special label in the presence of the citizen and give the citizen a receipt confirming the acceptance of this envelope.

9. Members of district referendum committee appointed by the chairman of the committee to work at a special polling place shall be prohibited from carrying out the actions referred to in paragraphs 6 and 8 of this Article on behalf of citizens as well as from accepting the unsealed covering envelopes from the citizens. Citizens shall be prohibited from leaving special polling places with ballot papers, voting envelopes or giving them to other persons.

Article 57. Voting in diplomatic missions or consular posts of the Republic of Lithuania and in additional polling places abroad at a diplomatic mission or consular post of the Republic of Lithuania

1. Citizens who have gone to foreign states shall be entitled to vote in diplomatic missions or consular posts of the Republic of Lithuania during their business hours. Not less than 4 hours must be allotted for voting during a business day of the said institutions. Voting in an additional polling place abroad at a diplomatic mission or consular post of the Republic of Lithuania shall take place within the hours set by the diplomatic mission or consular post of the Republic of Lithuania. Voting shall end on referendum day, Republic of Lithuania time.

2. Voting committees set up by the diplomatic missions or consular posts of the Republic of Lithuania shall hand referendum documents to the citizens who have notified the said institutions about their home address, or, at their request, deliver the documents by post and accept them.

3. Citizens arriving to vote in a diplomatic mission or consular post of the Republic of Lithuania, or an additional polling place abroad at the diplomatic mission or consular posts of the Republic of Lithuania shall be prohibited from leaving with the referendum documents or giving them to other persons.

4. A decision on the suitability of additional polling places abroad at a diplomatic mission and consular post of the Republic of Lithuania for holding a referendum shall be adopted by the Ministry of Foreign Affairs after consultation with the Central Electoral Commission.

Article 58. Voting aboard the ships

1. Citizens (ship’s crew and passengers) who are aboard a ship, if they left from a port of the Republic of Lithuania not later than four days before referendum day and have not returned until referendum day, or in the presence of other circumstances because of which they are unable to vote in their referendum district, to vote in advance or in a diplomatic mission or consular post of the Republic of Lithuania, or an additional polling place abroad at a diplomatic mission or consular post of the Republic of Lithuania shall be eligible to vote aboard the ship.

2. On the recommendation of the Minister of Transport and Communications, the Central Electoral Commission shall make a list of ships sailing under the flag of the State of Lithuania, on which there are no less than five crew members - - citizens, voting is organised. On the recommendation of the Minister of Transport and Communications, the Central Electoral Commission shall fix such time for voting on each ship that every citizen aboard that ship is provided with an opportunity to vote.

3. Poll cards shall not be issued to citizens voting aboard the ships.

Article 59. Organisation of voting in diplomatic missions or consular posts of the Republic of Lithuania and in additional polling places abroad at a diplomatic mission or consular post of the Republic of Lithuania as well as aboard the ships

1. Voting committees shall be set up in Republic of Lithuania diplomatic missions, consular posts and aboard the ships in order to organise voting and count the votes cast.

2. Voting committees shall be composed of a committee chairman and at least two members. A voting committee at a diplomatic mission or consular post of the Republic of Lithuania shall be set up by its head from the employees of the diplomatic mission or consular post of the Republic of Lithuania and/or employees of the Ministry of Foreign Affairs nominated by the Minister of Foreign Affairs, or from other citizens residing in a foreign state. The procedure for giving written pledges of voting committee members shall be established by the Central Electoral Commission.

3. Voting committees aboard the ships shall be set up by ship captains citizens, taking into account a decision of the meeting of the ship’s crew members citizens.

4. The Central Electoral Commission shall establish the procedure for voting, vote counting and submitting records to the Central Electoral Commission as well as the procedure for issuing certificates to referendum observers.

5. The Central Electoral Commission shall, on the recommendation of the Minister of Foreign Affairs, make up a list of diplomatic missions, consular posts of the Republic of Lithuania and additional polling places abroad at a diplomatic mission or a consular post of the Republic of Lithuania and shall set voting days (at least three days) for each diplomatic mission, consular post or any other polling place in which voting is held in a foreign state.

6. In diplomatic missions, consular posts of the Republic of Lithuania – their heads and aboard the ships – their captains citizens shall be responsible for organising voting, submitting to the Central Electoral Commission the records and other referendum documents designated by it. In additional polling place abroad at a diplomatic mission or a consular posts of the Republic of Lithuania the head of that diplomatic mission or consular post shall be responsible for organising voting, submitting to the Central Electoral Commission the records and other referendum documents designated by it. The Ministry of Foreign Affairs shall guarantee safe electronic means by which the voting committees will electronically transmit to the Central Electoral Commission the data of referendum documents in accordance with the procedure laid down by the Central Electoral Commission.

7. Voting shall not be organised aboard the ships on which there are no conditions for organising the voting in accordance with the requirements of this Law.

8. Chairmen of voting committees shall receive 0.31 of the base amount of the basic salary for a working day at the voting committee and the members of the voting committees shall get 0,25 of the base amount of the basic salary. 

9. The head of a diplomatic mission or consular post of the Republic of Lithuania or the Minister of Foreign Affairs may, in agreement with the Central Electoral Commission, send to the diplomatic mission or consular post of the Republic of Lithuania, or an additional polling place abroad at the diplomatic mission or consular post of the Republic of Lithuania to organise and conduct a referendum the members of the voting committees (respectively, employees of the Ministry of Foreign Affairs and the diplomatic missions or consular posts of the Republic of Lithuania). These and other expenses related to the organisation of the referendum shall be paid from the state budget funds allocated for the Central Electoral Commission for the organisation and conduct of the referendum. The Central Electoral Commission shall sign with the Ministry of Foreign Affairs a contract of the use of state budget funds for the organisation of the referendum.

Article 60. Voting at healthcare (except for outpatient) institutions, social care and guardianship institutions

1. Citizens who because of their health condition or age are in healthcare (except for outpatient) institutions, social care and guardianship institutions shall be eligible to vote at such institutions.

2. A municipal referendum committee shall, not later than 15 days before referendum day and on the recommendation of the heads of the institutions referred to in paragraph 1 of this Article, make a list of special polling places and set their working hours to be in conformity with Article 56(1) of this Law.

3. The heads of the institutions referred to in paragraph 1 of this Article shall draw up rolls of citizens voting at special polling places. The following must be indicated in the rolls of citizens voting at a special polling place: the citizen’s name and surname, personal number, municipal referendum committee (name and number), whether or not a citizen has a poll card. The head of an institution shall transfer the roll of the citizens voting at the special polling place to a municipal referendum committee, receive early voting sheets from it or print them on the basis of the data received electronically and ensure the delivery of the said sheets to the citizens, provide premises suitable for voting and be responsible for the citizens being notified about the place and working time of the special polling place as well as facilitating the access of the citizens to the special polling place.

4. Citizens without motor disorders shall vote in accordance with the procedure laid down in Article 56(6) and (7) of this Law. Citizens with motor disorders shall be visited by at least two district referendum committee members and election observers (should they wish so).

5. Citizens who are unable to carry out voting-related actions because of a disability or for other reasons may authorise other persons to carry out such actions for them. These persons must mark a referendum ballot paper in the citizen’s presence in compliance with his instructions and preserve the secrecy of voting.

6. Referendum committee members, employees of a special polling place and referendum observers shall be prohibited from carrying out actions related to voting on behalf of a citizen as well as from accepting an unsealed covering envelope from the citizen.

7. It shall be prohibited to exert influence upon the self-determination of a citizen voting at a healthcare (except for outpatient) institution, a social care and guardianship institution, or to rush him to vote.

Article 61. Voting at military units

1. Citizens performing the mandatory military service shall be entitled to vote in the military units where they serve. Citizens performing the active military service, civil service or working under employment contracts in international military operations abroad shall be entitled to vote in the military units deployed abroad and involved in those international military operations. The procedure for voting in military units deployed abroad shall be laid down by the Central Electoral Commission on the recommendation of the Minister of National Defence of the Republic of Lithuania.

2. A municipal referendum committee shall, not later than 15 days prior to referendum day and on the recommendation of the commanders of military units deployed on the territory of the Republic of Lithuania, make a list of special polling places and set their working hours to be in conformity with Article 56(1) of this Law.

3. The commanders of military units shall make rolls of citizens voting at special polling places. The following must be indicated in the rolls of citizens voting at a special polling place: a citizen’s name and surname, personal number, whether or not the citizen has a poll card. The commander of a military unit shall transfer the roll of the citizens voting at the special polling place to a municipal referendum committee, receive early voting sheets from it or print them on the basis of the data received electronically and ensure the delivery of the said sheets to the citizens, provide premises suitable for voting and be responsible for the citizens being notified about the place and working time of the special polling place as well as facilitating the access of the citizens to the special polling place. If it is impossible to accommodate a special polling place or to ensure that the citizens will be able to properly carry out actions related to voting, the commanders of the military units (with the exception of the commanders of the military units deployed abroad) shall create conditions for the citizens to travel on referendum day to a referendum district on the electoral  roll of which they have been entered.

4. The provisions of Article 56 of this Law shall apply to voting at military units.

5. It shall be prohibited to exert influence upon self-determination of a citizen voting at a military unit or to rush him to vote.

Article 62. Voting in penitentiary institutions

1. Citizens serving an arrest or custodial sentence shall be entitled to vote at an institution where they serve a sentence.

2. A municipal referendum committee shall, not later than 15 days prior to referendum day and on the recommendation of the heads of the penitentiary institutions, make a list of special polling places and set their working hours to be in conformity with Article 56(1) of this Law.

3. The heads of penitentiary institutions shall draw up rolls of citizens voting at special polling places. The following must be indicated in the rolls of the citizens voting at a special polling place: a citizen’s name and surname, personal number. The head of a penitentiary institution shall transfer the roll of the citizens voting at the special polling place to a municipal referendum committee, receive early voting sheets from it or print them on the basis of the data received electronically and ensure the delivery of the said sheets to the citizens prior to voting, provide premises suitable for voting and be responsible for the citizens being notified about the place and working time of the special polling place as well as facilitating the access of the citizens to the special polling place.

4. The provisions of Article 56 of this Law shall apply to voting at penitentiary institutions.

5. The provisions of this Article and Article 56 of this Law shall apply to voting at police arrest houses, remand prisons.

6. It shall be prohibited to exert influence on self-determination of a citizen voting at a police arrest house, remand prison or penitentiary institution, or to rush him to vote.

Article 63. Voting at home and early voting

1. Only the following citizens may vote at home: voters with disabilities, voters with temporary working incapacity due to illness, voters aged 70 and over if they are unable because of their health condition to come to a referendum district on referendum day and if they have submitted a citizen’s request the form of which is established by the Central Electoral Commission for voting at home and if they have been entered on the roll of citizens voting at home. Referendum committees which compile and update rolls of citizens voting at home shall be entitled to receive information about persons with disabilities from the administrators of the Republic of Lithuania register of persons covered by state social insurance and recipients of state social insurance benefits and the data on the establishment of a working capacity and disability level, and the information about persons with temporary working incapacity – from the administrator of the Republic of Lithuania register of persons covered by state social insurance and recipients of state social insurance benefits as well as from healthcare institutions. Referendum committees must not disseminate this information and shall use it only for compiling and updating rolls of citizens voting at home.

2. Only those citizens shall be entitled to early voting who are unable to arrive at a referendum district to vote on referendum day. A municipal referendum committee shall organise early voting of citizens. Early voting must be conducted from 8am to 8pm on the last Monday, Tuesday, Wednesday, Thursday and Friday before referendum day, in the premises arranged beforehand, fitted for voting and located in the building where the workplace of the municipal mayor (director of the administration) is situated. The chairman of a municipal referendum committee shall appoint at least two members of the municipal referendum committee or district referendum committees, who may not be proposed by the same political party, to issue and collect referendum ballot papers and voting envelopes during early voting. Early voting shall be supervised by the chairman of the municipal referendum committee or, on his instruction, a member of the municipal referendum committee. The Chairperson of the Central Electoral Commission, a member of this Commission authorised by him or the chairman of the municipal referendum committee who has established, in accordance with the procedure laid down by the Central Electoral Commission, the cases of bribery of citizens, transportation of citizens to vote, encouragement to vote for a fee or other cases grossly violating the citizens' rights, must suspend early voting until the violations will be removed and it will be possible to conduct the referendum freely and democratically in accordance with the requirements of this Law.

3. Requests of citizens for voting at home shall be submitted to district referendum committees. The acceptance of requests for voting at home from citizens who reside on the territory of the particular referendum district shall start with the issue of poll cards to such voters and end on the last Wednesday before referendum day. The acceptance of requests for voting at home from citizens temporarily staying on the territory of the respective referendum district, who have not been entered on the electoral roll of this referendum district, shall end on the last Tuesday before referendum day. A citizen who because of his disability or for other reasons is unable to fill in a request for voting at home or to hand it to a district referendum committee, may authorise his family member, neighbour or a person who takes care of him to carry out the said actions for him. The said persons shall sign the citizen’s request and indicate their name, surname and personal number.

4. On the last Thursday before referendum day, a district referendum committee shall draw up and approve a roll of citizens voting at home, who are entered on the electoral roll of that referendum district. On the last Wednesday before referendum day a municipal referendum committee shall draw up and approve a roll of citizens who reside or temporarily stay on the territory of a particular polling district but who 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 updating them.

5. On the last Friday or Saturday before referendum day, from 8am to 8pm, at least two members of a district referendum committee shall deliver voting envelopes, early voting sheets and a referendum ballot paper to the homes of the citizens who have been entered on the roll of the particular district referendum voters voting at home and who are voters of this referendum district. On the last Thursday before referendum day at least two members of a municipal referendum committee or, by order of its chairman, at least two members of a district referendum committee shall deliver voting envelopes, early voting sheets and ballot papers to the homes of the voters who were entered on the roll of the municipal voters voting at home, but who have not been entered on the electoral roll of the referendum district on the territory of which they are temporarily staying. Voting at home and early voting may be observed by referendum observers who have the certificate to observe a referendum in any referendum district. At the end of the vote, the sealed covering envelopes shall be transferred to the chairman of the municipal referendum committee. Rolls of citizens who voted at home and in advance, unused referendum ballot papers shall be included in the records and stored by the referendum committees which organised voting. Following the referendum, such committees shall transfer the said documents together with other referendum documents to an appropriate municipal referendum committee or the Central Electoral Commission.

6. A concrete schedule of arrivals of referendum committee members to the homes of citizens voting at home shall be approved by the chairman of a district or municipal referendum committee not later than on the last Wednesday or Thursday, respectively, before 12 noon of referendum day. This schedule shall be made available to the public; its copy shall be posted on the notice board of the district (municipal) referendum committee on the day of the approval of the schedule. Only the referendum committee members and referendum observers proposed by different political parties may come along to the homes of citizens voting at home.

7. The provisions of Article 56(6) and (7) of this Law shall apply to voting at home and early voting.

8. A citizen shall hand in the sealed covering envelope (containing the poll card, the ballot paper envelope with the ballot paper therein) to a member of the district (municipal) referendum committee. The said member, having received the covering envelope handed in by the citizen, shall give the citizen a receipt confirming the acceptance of this envelope.

9. It shall be prohibited to exert influence on the determination of a citizen voting at home and to hurry him to vote. The committee members and referendum observers shall be prohibited from carrying out the actions for a citizen referred to in Article 56 (6) and (7) of this Law, as well as from accepting the unsealed covering envelope from the citizen. Citizens shall be prohibited from leaving with referendum ballot papers or giving them to other persons.

Article 64. Accounting for voting envelopes and referendum ballot papers

1. The procedure for accounting for voting envelopes and referendum ballot papers in the Republic of Lithuania shall be laid down and such accounting shall be managed by the Central Electoral Commission.

2. Accounting of voting envelopes, special labels and referendum ballot papers, their issuing and acceptance when voting at special polling places shall be managed by the chairmen of the district referendum committees.  The chairman of a district referendum committee shall record the accounting data in a log specially designated for this purpose. Accounting of voting envelopes and referendum ballot papers used when voting at military units deployed abroad, their issuing and acceptance shall be managed by the commanders of those military units.  The chairmen of the district referendum committees and the commanders of the military units shall transfer to the Central Electoral Commission the accounting data on the referendum documents, unused voting envelopes, referendum ballot papers and voting envelopes with the referendum ballot papers completed by the citizens.  The Central Electoral Commission shall, not later than until referendum day, transfer the received voting envelopes with the referendum ballot papers filled in by the citizens to the committee of the referendum district on the electoral roll of which a citizen has been entered. 

3. Voting envelopes with referendum ballot papers completed by citizens shall be submitted by postal service providers to the chairmen of the municipal referendum committees on referendum day not later than until 11am and the municipal referendum committees shall transmit them to the district referendum committees until the close of poll.

4. Covering envelopes, unused and spoilt ballot referendum papers of the citizens who voted on the last Friday or Saturday preceding referendum day shall be transferred to the chairman of a district referendum committee before 9pm 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.

5. Covering envelopes shall be stored together with referendum ballot papers.

6. Before starting to count the votes of citizens, covering envelopes of citizens who voted in advance shall be put together with covering envelopes of citizens who voted at home, mixed and counted together according to Article 64 of this Law.

Article 65. Accounting for referendum ballot papers in referendum districts

1. At the close of a polling station, the chairman of a district referendum committee shall, in the presence of not less than three fifths of the committee members, seal and stamp the ballot box slot.

2. Unused referendum ballot papers shall be individually collected from each member of the district referendum committee, shall be counted publicly, their number shall be entered in the vote counting record of the referendum district. According to the signatures in the electoral roll, arrival cards, ballot papers which have been spoilt by voters and returned to be replaced it shall be inspected whether or not a committee member has handed all ballot papers correctly.

3. The referendum committee shall count unused and spoilt referendum ballot papers publicly; annul them by cutting off the upper right corner; place them into specially designed envelopes and stamp these envelopes. The number of the unused and spoilt ballot papers shall be entered in the vote counting record of the referendum district.

Article 66. Counting of votes cast in a referendum district and accounting for citizens who have voted

1. A district referendum committee, in the presence of not less than three fifths of its members, shall inspect whether the seals of the ballot box of the referendum district have not been broken and whether there are no other signs indicating that it could have been opened, or that referendum ballot papers could have been otherwise removed or put into it. The district referendum committee shall, in the presence of not less than three fifths of its members, decide if the ballot box has been tampered with. If the committee decides that the ballot box has been tampered with, an act shall be drawn up about this, the ballot box shall be packed up, and votes shall not be counted. The ballot box shall be delivered to the municipal referendum committee. The municipal referendum committee shall take a decision concerning the counting of the votes placed in this ballot box.

2. Having ascertained that the ballot box has not been tampered with, it shall be opened in the presence of not less than three fifths of the district referendum committee members as well as referendum observers, all ballot papers shall be put on tables that cannot contain any documents and writing-materials on them (except black lead pencils), and the committee shall count all the referendum ballot papers from the ballot box. Ballot papers shall be sorted out into valid and invalid ballot papers. Valid referendum ballot papers shall be divided into groups according to the marks made in them by the citizens. Each group of referendum ballot papers must be counted at least twice. For the second time ballot papers must be counted by other members of the committee. Referendum ballot papers which do not hold necessary attributes (irregular ballot papers, unsealed or sealed with the seal of an electoral committee of another referendum district, etc.) must, if found, be separated from the whole of the referendum ballot papers. The municipal referendum committee shall be immediately informed about such ballot papers and this fact must be entered in the vote counting record of the referendum district. Counting results must be proclaimed and entered in the vote counting record of the referendum district, the counted referendum ballot papers must be put into a special envelope (envelopes) which is sealed and stored securely.

3. A decision to declare a referendum ballot paper invalid in the event of dispute among the committee members as to the assessment of the markings on a referendum ballot paper shall be taken by the district referendum committee by voting. The result of such voting shall be indicated on the other side of the ballot paper.

4. Votes shall be counted in such a way that this procedure, referendum ballot papers marked by the citizens may be observed by all the persons present during the counting of the votes, and they would be able to make sure that votes are counted justly and fairly. The Central Electoral Commission shall lay down a concrete procedure for counting votes.

5. The number of citizens residing in a referendum district who are eligible to vote shall be established according to the electoral rolls of the referendum district. The number of citizens who have been handed referendum ballot papers shall be established according to the signatures of the citizens confirming the receipt of the referendum ballot papers. The number of citizens who have voted in the referendum district shall be established according to the number of the referendum ballot papers found in the ballot box of the referendum district. The number of citizens who have participated in the referendum shall be established according to the number of the referendum ballot papers found in the ballot box of the referendum district as well as the number of the received referendum ballot papers.

6. If more referendum ballot papers are found in the ballot box than it has been delivered to the citizens, the district referendum committee shall take measures to discover the causes.

7. The results of the vote counting shall be entered in the vote counting record of the referendum district.

Article 67. Accounting for citizens who have voted by voting envelopes and the counting of their votes

1. After the counting of the referendum ballot papers found in the ballot box of a referendum district, ballot papers cast by voting envelopes shall be calculated in the following procedure:

1) the chairman of the district referendum committee presents all the unopened covering envelopes, that is the voting envelopes of the citizens of this referendum district who voted at home, as well as the voting envelopes of the citizens who voted in advance and whose voting envelopes were received from the municipal referendum committee. Their number shall be entered in the vote counting record of the referendum district;

2) the covering envelopes are opened one at a time;

3)  a poll card is taken out of the covering envelope, the voter’s surname and the number of the poll card are read aloud, these data are reconciled with the data of the electoral roll of the referendum district, and in the referendum districts which are connected to the electronic electoral roll - with the data of the said electoral roll. The ballot paper envelopes shall be stamped with the seal of the referendum district. If a person on the roll card in the covering envelope is not on the electoral roll of this referendum district or if the citizen has already signed the electoral roll indicating that he has already voted in the referendum district, or if it is indicated in the electoral roll that the consent was given for that person to vote in another referendum district, or if another voting envelope has been received from the same citizen, or if there is no poll card or there is more than one poll card in the covering envelope, or if there are more than one ballot paper envelope in the covering envelope, such voting envelope shall be held to be inappropriate. The seal shall not be affixed on the ballot paper envelope (envelopes) enclosed in the counting envelope which is held to be inappropriate, the ballot paper envelope shall be crossed through, the word “Invalid” shall be written down on it and the grounds why the envelope is held to be inappropriate shall be indicated. A referendum ballot paper contained in such a ballot paper envelope shall not be valid and the envelope shall not be opened. The content of the envelopes deemed inappropriate shall not be reckoned in the vote counting record of the referendum district, however, the number of such envelopes shall be entered.

4) in the electoral roll of the referendum district, the words "voted by voting envelopes" or “VBVE” are written next to the surname of the citizen whose vote has been received through voting by voting envelopes and the fact that the citizen has voted is indicated on the electronic electoral roll of the referendum districts connected to the electronic electoral roll;

5) the stamped ballot paper envelope is placed into the ballot box prepared and sealed according to the established requirements;

6) when all the voting envelopes have been inspected, the ballot box is opened. After the stamped ballot paper envelopes are opened, the received votes shall be further counted according to the requirements established in Article 66 of this Law. If there is more than one referendum ballot paper in the voting envelope, all referendum ballot papers in the envelope shall be held to be invalid.

2. If only one sealed ballot paper envelope is received by the district referendum committee, it, in order to protect the secrecy of voting, shall not be opened, and shall be handed over to the municipal referendum committee which has formed this referendum committee. The latter shall enter the results of the voting in its vote counting record.

Article 68. Vote counting records of referendum districts

1. A vote counting record shall be drawn up in every referendum district. The vote counting record of a referendum district shall include the following:

1) the number of citizens in the referendum district;

2) the number of ballot papers received from the municipal referendum committee;

3) the number of referendum ballot papers delivered to each member of the committee, the number of referendum ballot papers delivered to the citizens, the number of the citizens' signatures, the number of arrival cards, the number of unused and spoilt referendum ballot papers;

4) the number of annulled referendum ballot papers;

5) the number of the citizens 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 resolution submitted for referendum found in the ballot box;

10) the  number of voting envelopes of citizens who have voted at home in the referendum district, the number of voting envelopes of the citizens who have voted in advance, received from the municipal referendum committee, the total number of covering envelopes, the number of sealed ballot paper envelopes; the number of envelopes held to be inappropriate;

11) the number of invalid referendum ballot papers received by voting envelopes ( ballot papers which are in the unsealed and unopened envelopes shall not be counted and shall not be indicated as invalid);

12) the number of valid referendum ballot papers received by voting envelopes;

13) the number of replies, “YES” and “NO” or “FOR” and “AGAINST” for the resolution submitted for referendum;

14) the total number of the citizens who have 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 resolution submitted for referendum.

2. The number of citizens of a referendum district shall be established according to the electoral roll of the referendum district. The number of citizens who have been handed referendum ballot papers shall be established according to the signatures of the citizens confirming the receipt of the referendum ballot papers. The number of citizens who have voted in the referendum district shall be established according to the number of the referendum ballot papers lawfully delivered to the citizens by the committee of this referendum district and found in the ballot box of the referendum district. The total number of the citizens who have participated in the referendum in the referendum district shall be established by adding the number of the referendum ballot papers found in the ballot boxes to the number of the received and counted referendum ballot papers.

3. If more referendum ballot papers have been found in the ballot box of a referendum district than they were issued to the citizens, this shall be recorded in the vote counting record of the referendum district, indicating the number of the extra referendum ballot papers.

4. After all the data have been entered on the vote counting record of the referendum district and all ballot papers have been put into sealed packets and in the special envelope (envelopes), the vote counting records of the referendum district shall be signed by the chairman and members of the district referendum committee. After that the referendum observers shall sign the said record. Their observations and the opinions of the members of the district referendum committee shall be appended to the district vote counting record and shall be an inseparable part thereof. Copies of the district vote counting record shall be issued to the referendum observers and the members of the referendum district committee at their request.

5. Members of the group, political parties as well as their representatives and referendum observers shall have the right to appeal to the municipal referendum committee against the vote counting record of the referendum district within 24 hours of the drawing-up of the said record. The latter must examine the complaint within 24 days of the receipt thereof.

Article 69. Invalid referendum ballot papers

1. The following referendum ballot papers: shall be held to be invalid:

1) the referendum ballot papers of a non-established sample;

2) the referendum ballot papers which are not stamped with the seal of the district referendum committee;

3) the referendum ballot papers on which the citizen has marked both replies, namely, “YES” and “NO” or “FOR” and “AGAINST”;

4) the referendum ballot papers on which the citizen has marked neither “YES” nor “NO” or neither “FOR” nor “AGAINST”;

2. A decision to declare a referendum ballot paper invalid in the event of dispute among the committee members as to the assessment of the markings on a referendum ballot paper shall be taken by the district referendum committee by voting. The result of such voting shall be indicated on the other side of the ballot paper.

Article 70. Presentation of vote counting documents of a referendum district to a municipal referendum committee

1. A district referendum committee shall put all the referendum ballot papers, as well as all the invalid and unused ballot papers, the district vote counting record, the electoral rolls of the referendum district and other referendum documents into the packet and affix the seal thereto in accordance with the procedure laid down by the Central Electoral Commission.  The packets together with the vote counting record of the referendum district and its annexes, electoral rolls, minutes of the district referendum committee and the financial documentation for the whole period of its work shall be delivered to the municipal referendum committee not later than within 12 hours after the close of poll, unless the Central Electoral Commission provides otherwise.

2. The Central Electoral Commission and the Ministry of the Interior must ensure the security of transportation of the referendum documents and the persons transporting them.

Article 71. Counting of votes at a municipal referendum committee

1. A municipal referendum committee shall accept the documents submitted by the district referendum committees and:

1) verify whether all the required documents (packets and special envelopes with the referendum ballot papers) have been delivered;

2) check the sealing and descriptions of the packets (whether the description is full and correct);

3) verify whether all the data have been entered on the vote counting records of the referendum districts; whether they do not contradict one another; whether they correspond to the data available to the municipal referendum committee (the number of the ballot papers issued to the district referendum committee, the number of the citizens, the number of the covering envelopes, data on the votes cast by the citizens, etc.); whether there are all the necessary signatures; whether all the separate opinions of the district referendum committee members, remarks of the referendum observers are appended to the record in which they are specified;

4) verify whether all the remarks and complaints of the citizens have been considered in the district referendum committee.

2. The municipal referendum committee shall immediately report the data of the vote counting records of the referendum districts as well as its comments concerning the documents submitted by the district referendum committees to the Central Electoral Commission in the manner prescribed by it, and shall ensure the safety of the submitted documents.

3. The packets sealed by the district referendum committees, which contain the referendum ballot papers and other referendum documents, may be opened at the municipal referendum committee only by the decision of the municipal referendum committee. The municipal referendum committee may itself recount the referendum ballot papers submitted by the district referendum committee or instruct the district referendum committee from which it has received the referendum ballot papers to recount the said ballot papers, or instruct another district referendum committee to recount the referendum ballot papers.

4. Having established the lack of the referendum documents submitted by the district referendum committee, the municipal referendum committee shall take appropriate measures and request the chairman of the district referendum committee to supply the missing documents.

5. The municipal referendum committee shall count the votes in the following manner: sum up the data submitted by the district referendum committees and add to them the votes, cast by those citizens who voted by voting envelopes, which have been counted in the municipal referendum committee.

Article 72. Municipal referendum vote counting records

1. According to the vote counting records, referendum ballot papers and other referendum documents of the referendum districts, a municipal referendum committee shall enter on the municipal referendum vote counting record the following:

1) the number of the citizens who have participated in the referendum held in the municipality which is equal to the number of the citizens who have voted in the referendum districts of the municipality;

2) the number of the invalid referendum ballot papers which is equal to the number of the invalid referendum ballot papers in the referendum districts of the municipality;

3) the number of the valid referendum ballot papers which is equal to the number of the valid referendum ballot papers in the referendum districts of the municipality;

4) the number of the replies “YES” and “NO” or “FOR” and “AGAINST”. It shall be obtained by separately summing up one type of replies and the other type of replies in the referendum districts.

2. The chairman and the members of the municipal referendum committee shall sign the municipal referendum vote counting record only after having considered the separate opinions of the members of the district referendum committees, remarks of the referendum observers and complaints of the citizens. An extract or a copy of the municipal referendum vote counting record shall be presented to the referendum observers and the committee members at their request.

3. Members of the group, political parties as well as their representatives and referendum observers shall have the right to appeal against the municipal referendum vote counting record within 24 hours of the drawing-up thereof to the Central Electoral Commission. The Central Electoral Commission must examine the complaint within 24 days of the receipt thereof.

Article 73. Delivery of municipal vote counting documents to the Central Electoral Commission

The municipal referendum committees shall place all the documents received from the referendum districts, the vote counting records of the referendum districts, the municipal referendum vote counting record and other referendum documents in special packets, sealed and delivered to the Central Electoral Commission.

CHAPTER SIX

ESTABLISHMENT AND DECLARATION OF REFERENDUM RESULTS

Article 74. Procedure for establishing referendum results

1. The Central Electoral Commission may begin establishing the results of a referendum only after having received the vote counting records of all municipal referendum committees as well as other documents referred to in Article 73 of this Law and having examined all the complaints regarding the vote counting records of the municipal referendum committees.

2. In accordance with vote counting records of the municipal referendum committees and according to the vote counting records received from the diplomatic missions and consular posts of the Republic of Lithuania, the Central Electoral Commission shall establish:

1) the number of the citizens eligible to take part in the referendum;

2) the number of the citizens who have participated in the referendum;

3) the number of the invalid referendum ballot papers;

4) the number of the valid referendum ballot papers;

5) the number of the replies “YES” and “NO” or “FOR” and “AGAINST”.

3. While examining the complaints filed in accordance with the procedure established by this Law, the Central Electoral Commission may recount the referendum ballot papers and, upon the establishment of errors in their calculation, may correct entries in the vote counting records. The Central Electoral Commission may not consider as invalid the vote counting records of the municipal referendum committees or district referendum committees because of the errors found in their vote counting records.

4. The Central Electoral Commission, having established that gross violation of this Law made from the date of registration of the group in accordance with the procedure laid down in this Law or the date of submission to the Seimas of the proposal by the group of the Seimas members to call a referendum until the commencement of voting in the referendum  and on referendum day as well as during the vote, or that the falsification of the documents has had a substantial impact on the results of the referendum,  may declare the results of the referendum invalid.

Article 75. Participation of referendum observers in the counting of votes and establishment of referendum results

1. Groups, referendum observers of the political parties as well as representatives of all the media may participate in counting votes in the referendum districts and municipal referendum committees and also in establishing the referendum results at the Central Electoral Commission.

2. The referendum observers shall have the right to voice their remarks and claims to the referendum committees concerning violation of this Law and other laws of the Republic of Lithuania, but they must not hinder the work of the referendum committees. The referendum observers shall also have the right to make a written protest. The protest must be appended to the minutes and decisions of the referendum committee and delivered together with the other referendum documents to the municipal referendum committee and the Central Electoral Commission.

Article 76. Declaration of referendum results

1. The Central Electoral Commission shall proclaim on its website the final referendum results not later than within four days following the referendum poll.

2. The Central Electoral Commission shall present to the President of the Republic the text of the resolution adopted by referendum not later than on the next day after the proclamation of the final referendum results.

Article 77. Complaints against the decision of the Central Electoral Commission regarding the final results 

1. A group, political parties and their representatives at the Central Electoral Commission shall have the right to appeal against the decision of the Central Electoral Commission regarding the final results to the Supreme Administrative Court of Lithuania not later than within two days of the proclamation of the said results.

2. A complaint referred to in paragraph 1 of this Article must be investigated at least within 48 hours from its making. The decision of the Supreme Administrative Court of Lithuania shall be binding from the date of its delivery.

Article 78. Storage of referendum documents

At the close of the referendum, the Central Electoral Commission shall, not later than within four months after the expiration of the time limit set in this Law for investigating the complaints about its decisions, transfer to the State Archives for permanent preservation the records of the referendum districts, municipal referendum committees and the Central Electoral Commission.

CHAPTER SEVEN

FINAL PROVISIONS

Article 79. Liability for violation of this Law

Persons who have violated this Law shall be held in accordance with the procedure established by law.

Article 80. Expenditure related to preparation and conduct of a referendum

1. Expenditure related to the preparation and conduct of a referendum shall be covered with the funds of the state and municipal budgets.

2. The expenses incurred by the Central Electoral Commission and the referendum committees in organising and conducting a referendum as well as compensating the referendum committee members and the staff serving them for their work.

3. It shall be paid from the municipal budgets for the maintenance of polling stations and the headquarters of municipal and district referendum committees, the acquired equipment for setting up polling places and preservation thereof.  If the municipal administration does not provide suitable premises or equipment for the headquarters of a municipal or district referendum committee or polling places, state funds shall be used for this purpose by the decision of the Central Electoral Commission. In this instance, the Central Electoral Commission shall, within two months following the referendum, recover the funds without legal proceedings from the municipal administration for the actual expenses related to the polling stations and equipment. 

Version of paragraph 3 valid as of 1 July 2019:

3. It shall be paid from the municipal budgets for the maintenance of polling stations and the headquarters of municipal and district referendum committees, the acquisition and preservation of the equipment, the setting-up of polling stations and their adaptation to the needs of persons with disabilities, and where there are no possibilities to properly set up polling stations or to adapt them to the needs of persons with disabilities - for the rent of suitable premises. If the municipal administration does not provide suitable premises or equipment for the headquarters of a municipal or district referendum committee or polling places, state funds shall be used for this purpose by the decision of the Central Electoral Commission. In this instance, the Central Electoral Commission shall, within two months following the referendum, recover the funds without legal proceedings from the municipality for the actual expenses related to the polling stations and equipment.

4. Expenses of the transportation of voters to the referendum districts organised in accordance with the procedure established by the Central Electoral Commission shall be paid from the state and municipal budgets.

Article 81. Entry into Force of a law of the Republic of Lithuania, other legislative enactment or resolution adopted by referendum

1. The day of voting by referendum shall be deemed to be the date of passage of a law, other legislative enactment or resolution adopted by referendum.  In the event a referendum is conducted on more than one day, the last day of voting by referendum shall be deemed to be the date of passage of a law, other legislative enactment or resolution adopted by referendum.

Note of the TAR. To declare that the provisions of Article 18(8) of the Law of the Republic of Lithuania on Referendums (version of 20 December 2018; TAR, 28-12-2018, No 21715) ‘If the referendum is held more than one day (two or more days) and the period of more than one day is between the days of the referendum, on the first day of the referendum the period of prohibition of campaigning shall end after the vote. The period of prohibition of the referendum campaigning shall commence before the next day of the referendum in accordance with the procedure laid down in this paragraph‘, the provision of Article 45(1) of this Law ‘(if a referendum is held longer than one day - until 6pm of the last day of voting at the referendum)‘, Article 53(2) of this Law, the provision of Article 81(1) of this Law ‘In the event a referendum is conducted on more than one day, the last day of voting by referendum shall be deemed to be the date of passage of a law, other legislative enactment or resolution adopted by referendum‘, Article 82 of this Law are in violation of Article 9(1) and (4) of the Constitution of the Republic of Lithuania and the constitutional principle of a State under the rule of law.

15-02-2019 ruling No. KT8-N2/2019

2. The President of the Republic must sign and promulgate a law, other legislative enactment or resolution adopted by referendum not later than within five days from the proclamation of the final results of the referendum. 

3. Should the President of the Republic fail to sign and promulgate such a law, other legislative enactment or resolution adopted by referendum within the time limit specified in paragraph 2 of this Article, it will enter into force following its signing and promulgation by the Speaker of the Seimas.

4. A law amending the Constitution adopted by referendum shall enter into force no earlier than after one month from the date of its passage by referendum.

5. A law adopted by referendum, with the exception of a law amending the Constitution, another legislative enactment or resolution shall enter into force on the next day its official announcement in the Register of Legal Acts, unless a later date of the entry into force is stipulated in such a law, legislative enactment or resolution.

Article 82. Calculation of time limits

1. In the event a referendum shall be held on more than one day, the time limits set out in this Law for up to the day of the referendum vote shall be calculated until the first day of the referendum vote.

2. In the event a referendum shall be held on more than one day, the time limits set out in this Law for after the day of the referendum vote shall be calculated after the final day of the referendum vote.

Note of the TAR. To declare that the provisions of Article 18(8) of the Law of the Republic of Lithuania on Referendums (version of 20 December 2018; TAR, 28-12-2018, No 21715) ‘If the referendum is held more than one day (two or more days) and the period of more than one day is between the days of the referendum, on the first day of the referendum the period of prohibition of campaigning shall end after the vote. The period of prohibition of the referendum campaigning shall commence before the next day of the referendum in accordance with the procedure laid down in this paragraph‘, the provision of Article 45(1) of this Law ‘(if a referendum is held longer than one day - until 6pm of the last day of voting at the referendum)‘, Article 53(2) of this Law, the provision of Article 81(1) of this Law ‘In the event a referendum is conducted on more than one day, the last day of voting by referendum shall be deemed to be the date of passage of a law, other legislative enactment or resolution adopted by referendum‘, Article 82 of this Law are in violation of Article 9(1) and (4) of the Constitution of the Republic of Lithuania and the constitutional principle of a State under the rule of law.

15-02-2019 ruling No. KT8-N2/2019

I promulgate this Law passed by the Seimas of the Republic of Lithuania.

PRESIDENT OF THE REPUBLIC                                                                VALDAS ADAMKUS