REPUBLIC OF LITHUANIA
Law on Elections to Local Government Councils
7 July 1994 No. I-532
I. General Provisions
Government Councils of the Republic of Lithuania
Members of local government Councils (hereinafter referred
to as Councils) shall be elected for a term of two years in
multi-member electoral areas on the basis of universal and equal
suffrage by secret ballot by direct voting according to the
electoral system of proportional representation.
Elections of members to all Councils shall be held
concurrently. They shall be announced by the Seimas of the
Republic of Lithuania at least three months prior to the day of
election.
Article 2. Universal Suffrage
Citizens of the Republic of Lithuania who, on the day of
election, are 18 years of age or over, shall have the right to
vote. Persons who have been declared incapable by court shall not
participate in the elections.
Any citizen of the Republic of Lithuania who on the day of
election is 21 years of age or over shall be eligible to be
elected as a Council member.
Persons who, on the day of election, are in the national
defence service or alternative service, as well as officers,
non-commissioned officers, and re-enlistees of the national
defence system, the police and the internal affairs service, and
other paid officers of the military and security services who
have not retired from service by the day of appointment of
election day, shall not be eligible to be elected as Council
members.
Members of the Seimas of the Republic of Lithuania shall not
be eligible to be elected as Council members if their term of
office expires after more than three months.
Persons who have not served a court-imposed sentence, as
well as persons who have been declared incapable by court, shall
not be eligible to be elected as Council members.
Other direct or indirect abridgements of the right to vote
of citizens of the Republic of Lithuania on the grounds of their
sex, nationality, language, descent, social status, religion, or
convictions or attitudes shall be prohibited.
Article 3. Equal Suffrage
Every citizen of the Republic of Lithuania who has the right
to vote shall have one vote in one electoral area; the vote of
each citizen having the right to vote shall be of equal value.
All citizens shall be represented in the Councils on an
equal basis according to the representation quota.
Article 4. Direct Elections
There shall be no voting by proxy in the election of Council
members.
Article 5. Secret Ballot
Voters shall vote in person and by secret ballot. It shall
be prohibited to control the will of the voters during elections.
Article 6. Publicity of the Preparation and Conduct of
Elections
Electoral committees shall prepare and conduct elections
publicly. Public notice must be given of all events (meetings,
sittings) related to the organisation of elections at least 24
hours prior to the beginning of said event.
The electoral committees shall inform the citizens about
their work, the formation of electoral areas and districts, the
membership of the electoral committees, the addresses and working
hours of their offices, the lists of voters, the lists of
candidates to Council members, and the voting and election
results.
Representatives of the mass media shall have the right to
participate without hindrance in all the events organised by
electoral committees, as well as to obtain information on the
preparation and conduct of elections.
Article 7. Expenses Related to the Preparation and Conduct
of Elections
Expenses related to the preparation and conduct of elections
of Council members shall be reimbursed by the State.
II. Electoral Areas and Districts
Article 8. Formation of Electoral Areas
For the organisation and conduct of elections, one multi-
member electoral area shall be formed in the territory of the
local government; all citizens of the Republic of Lithuania who
have the right to vote and permanently reside in the territory of
that local government shall vote in that electoral area.
According to the proportionate system of election the
following number of Council members shall be elected in the
electoral area:
over 500,000 people - 51 Council members;
from 300,000 to 500,000 people - 41 Council members;
from 100,000 to 300,000 people - 31 Council members;
from 50,000 to 100,000 people - 27 Council members;
from 20,000 to 50,000 people - 25 Council members;
up to 20,000 people - 21 Council members.
Electoral areas and the number of Council members to be
elected shall be announced by the Central Electoral Committee at
least 85 days prior to the elections.
Article 9. Formation of Electoral Districts
Electoral areas shall be subdivided into electoral
districts. The subdivision of each electoral area into electoral
districts and the number and size of electoral districts shall
be established by a local government electoral committee at least
70 days prior to the elections.
No more than 5,000 voters may reside in the territory of an
electoral district. The local government electoral committees
shall, within 7 days of the approval of the list of electoral
districts, inform the voters of the boundaries of each electoral
district, as well as its headquarters and polling place thereof.
III. Organisation of Elections
Article 10. Electoral Committees
Elections to the local government Council shall be organised
and conducted by:
3) the electoral committee of electoral districts.
Members of electoral committees may not be nominated as
candidates to Council members.
Citizens of the Republic of Lithuania may be nominated as
candidates to the electoral committee members provided that they
are eligible to be elected as Council members and have never been
removed from the electoral committee for the violation of
election laws.
Article 11. Powers of the Central Electoral Committee
The Central Electoral Committee is the supreme institution
for the organisation of elections.
The Central Electoral Committee shall:
1) monitor the implementation of this Law, ensure equal
application thereof, on the basis of this Law publish
instructions and comments concerning the organisation of
elections;
3) upon the recommendation of political parties and
political organisations which take part in the elections,
register their representatives under the Central Electoral
Committee and issue them certificates;
4) establish the samples and model forms of ballot-papers,
voter certificates, certificates of Council members, voucher
envelopes and outer envelopes for voting by mail, other official
envelopes, packages, documents, seals used in the elections,
voting boxes, the samples for the filling thereof and the
procedure for sealing ballot-papers;
5) collect information on the formation of electoral
committees of electoral areas and districts, calculate the total
number thereof, distribute the funds among the local government
electoral committees, allocated for the elections by the State,
and consider issues concerning the material-technical supply of
the elections;
6) approve the results of the elections of members to all
local government Councils of the Republic of Lithuania and
publish reports thereon in the press;
9) declare elections invalid if in the course thereof
election documents were falsified or other illegal actions were
performed which affected materially the election results; and
10) exercise other powers provided by this Law.
Article 12. Formation of Electoral Committees of Electoral
Areas
Electoral committees of electoral areas shall be formed and
their chairpersons shall be appointed by the Central Electoral
Committee at least 80 days prior to the election day.
Electoral committees of electoral areas shall be formed for
the term of the elections to the Councils and shall consist of:
two persons who permanently reside or work in the territory
of the electoral area and who have been trained as lawyers; said
persons shall be nominated by the Minister of Justice; and
two persons who permanently reside or work in the territory
of the electoral area and who have been trained as lawyers; said
persons shall be nominated by the Lithuanian Society of Lawyers.
The Minister of Justice and the Lithuanian Society of
Lawyers may nominate more than two candidates.
Upon receiving mandates of the Seimas members in a multi-
member electoral area according to the list of nominated
candidates (joint list), political parties and political
organisations shall have the right to nominate to the electoral
committee of the electoral area their two representatives for
every list of candidates nominated in the multi-member electoral
area (joint list). The Central Electoral Committees may not
reject these candidatures. If no candidatures are proposed, the
Central Electoral Committee may in their place additionally
approve as committee members the candidates nominated by the
Ministry of Justice or the Lithuanian Society of Lawyers.
At its first sitting, the electoral committee of an
electoral area shall elect its chairperson, deputy chairperson,
and secretary.
Article 13. Powers of Electoral Area Electoral Committees
Electoral area electoral committees shall:
2) divide the territory of the electoral area into electoral
districts, establish their boundaries, centres, their working
hours, and polling stations, form electoral district committees
and appoint their chairpersons;
4) distribute State funds allocated for the elections among
the district electoral committees and consider the issues of
material-technical supply of elections;
6) approve the wording of the ballot papers and deliver them
to the Central Electoral Committee according to the procedure and
by the date established by the Committee, organise the delivery
of ballot papers to the district electoral committees;
7) on the nomination of political parties and political
organisations taking part in the elections, register and issue
certificates to their representatives in the area electoral
committees and election observers;
8) establish the results of the elections in the electoral
area, and draw up vote calculation records in the electoral area;
9) establish the results of the elections of the Council
members and the elected Council members, deliver the election
material to the Central Electoral Committee for approving the
final results of the elections; upon the passing of the
resolution by the Central Electoral Committee shall publish the
list of the elected local government Council members in the
press;
10) consider petitions and appeals against the actions of
district electoral committees and pass decision thereon; and
11) carry out other powers under this Law.
Article 14. Formation of District Electoral Committees
District electoral committees shall be formed and their
chairpersons shall be appointed by the area electoral committee
at least 60 days prior to the election day.
District electoral committees shall be formed from the
candidates nominated by the political parties, political
organisations that have received mandates of the Seimas members
in the multi-member electoral area according to the list of
nominated candidates (joint list). The above political parties
and political organisations shall have the right to nominate up
to three representatives of said parties and organisation as
candidates to district electoral committee. If no candidates are
nominated, the area electoral committee may proportionately
increase the representation quota of political parties, political
organisations.
District electoral committees shall elect their deputy
chairperson and secretary at the first sitting.
Article 15. Powers of the District Electoral Committee
The district electoral committee shall:
3) deliver the list of voters of the district to the area
electoral committee at least 30 days prior to the election day;
8) consider the appeals of voters, representatives of
political parties and political organisations in the electoral
committees and election observers on issues concerning the
preparation of elections, organisation of voting, calculation of
votes, and the compilation of vote calculation records, and pass
decisions relative thereto; and
9) exercise other powers provided by this Law.
Article 16. Organisation of Electoral Committee Work
The sittings of electoral committees shall be valid if they
are attended by at least 3/5 of the committee members. Committee
decisions shall be adopted by an open majority vote of the
committee members attending the sitting. In the event of a tie
vote, the vote of the chairperson of the committee shall be
decisive. Committee members who disagree with the decision shall
have the right to voice their individual opinion in writing,
which shall be attached to the minutes of the sitting. Upon
termination of voting, district electoral committees may only
adopt decisions which are relative to the compilation of vote
calculation records.
Sittings of electoral committees shall be open. They may be
attended by the representatives of political parties, political
organisations in the electoral committees, and election observers
and representatives of all mass media.
Upon the formation of electoral committees, the chairpersons
and members thereof shall be prohibited from campaigning in any
form and from exerting, in any manner, influence upon the will
of the voters. Persons who violate this provision may be removed
from the electoral committee.
Article 17. Appeals against the Decisions of Electoral
Committees Passed prior to the Termination of
Voting
The representatives of political parties and political
organisations in the electoral committees, election observers and
voters may appeal to a superior electoral committee against the
decisions ofelectoral committees passed prior to the termination
of voting as follows:
3) against decisions passed by the Central Electoral
Committee -- to the Supreme Court of Lithuania.
Appeals must be investigated within 48 hours from the
filing thereof. Days off shall also be included in this time
limit. The decision of the Supreme Court shall be final.
Article 18. Assistance for Electoral Committees
Heads and officers of State and local government
institutions, enterprises, offices and organisations must assist
electoral committees in exercising their powers and must furnish
them with necessary information.
State and local government institutions, enterprises,
offices, and organisations as well as their heads and officers
must, no later than within 3 days, consider requests submitted
by electoral committees and give justified responses.
Electoral committees may employ the required number of
personnel for auxiliary work.
Local governments, State institutions and organisations must
provide electoral committees with premises and equipment for the
preparation and conduct of elections.
Article 19. Remuneration of Electoral Committee Members
For their work in electoral committees, the chairpersons
and members thereof shall receive remuneration according to the
rates submitted by the Central Electoral Committee,approved by
the Government. Article 20. Changing the Composition of
Electoral Committees
Chairpersons and members of electoral committees may be
dismissed from their posts in the committees by the institution
which approved the composition of the committee. As necessary, a
new chairperson or a member of electoral committees shall be
appointed according to the procedure established by this Law.
IV. Lists of Voters
Article 21. Compiling the Lists of Voters
For the conduct of elections, voters' lists of every
electoral district shall be compiled. Said lists shall be
compiled by the executive bodies of relevant local governments,
signed by their chief executives, and delivered to the district
electoral committees at least 40 days prior to the election day.
The approved lists of voters shall be signed by the chairperson
and secretary of the district electoral committee.
Article 22. General Procedure for Placing Citizens in
Voters' Lists
Citizens of the Republic of Lithuania who are entitled to
vote and who, at the moment of compiling the voters' list, are
permanently residing in the territory of the given electoral
district shall be placed in the voters' list.
In the event that a voter changes his or her permanent place
of residence after the compilation of these lists, said voter may
be placed in the voters' list of the new place of residence,
provided that he or she has submitted an application to the
electoral committee of this district concerning registration in
the voters' list at least 25 days prior to the elections. The
district electoral committee must see to it that the name of said
voter is struck from the voters' list of the electoral district
of his or her former permanent place of residence.
Article 23. Registration of National Defence Servicemen in
Voters' Lists
Persons performing military or alternative service shall be
placed in the voters' lists of the electoral districts on whose
territory they resided permanently before conscription.
Officers of the national defence system and internal
service, non-commissioned officers, and re-enlistees shall be
placed in the voters' lists of the electoral district on whose
territory they permanently reside.
Article 24. Registration of Persons who are in the Places
of Confinement in Voters' Lists
Persons who are in places of confinement shall be placed
in the voters' lists of the electoral district in whose territory
they resided permanently prior to their confinement.
Article 25. Registration of Voters in One List Only
Every voter may only be registered in one voters' list.
Compliance with this requirement shall be checked by the Central
Electoral Committee. Upon establishing that a voter's name is
placed in the voters' lists of more than one electoral district,
the Committee shall notify the voter at least 20 days prior to
the election, so that said voter could , within 10 days, inform
in which voters' list he or she wishes to be registered. If
said voter fails to make a choice within the established period,
the area electoral committee shall register him or her in the
voters' list of the electoral district in which, in their
opinion, it would be more convenient for the voter to vote, and
shall, within 3 days, inform the voter thereof. Such a
decision of the area electoral committee may not be appealed
against.
Article 26. Public Announcement of Voters' Lists
The electoral district committee shall, at least 30 days
prior to the elections, announce publicly that the voters' lists
have been completed and shall provide the voters with a
possibility to get acquainted with the lists, informing the
voters of the time and place for doing this.
Article 27. Reviewing Voters' Lists
Any voter or representative of a political party or
political organisation in the electoral committee may submit
comments to the district electoral committee concerning
inaccuracies in a voters' list at least 10 days prior to the
elections. The district electoral committee must consider such
comments and pass a decision thereon within 48 hours of the
receipt thereof. The decision of the district electoral
committee may be appealed against to the area electoral committee
within 48 hours. The area electoral committee must pass a
decision within 48 hours of the receipt of the appeal. Decision
of the area electoral committee shall be final.
Article 28. Appeals Concerning Restoration of the Right to
Vote
Voters, representatives of a political party or political
organisation in the electoral committee or election observers
shall submit to the district electoral committee appeals
concerning errors in a voters' list by reason of which the voter
may not implement his or her right to vote. The district
electoral committee must consider the appeal and pass a decision
thereon at least within 24 hours of the receipt thereof.
The decision of the district electoral committee may,
within 48 hours, be appealed against to the district court,
which shall consider the appeal within 24 hours; the decision of
the district court shall be final.
District electoral committees shall inform area electoral
committees of the appeals received and changes made in the
voters' lists as soon as possible, but no later than within 24
hours.
Comments and appeals filed less than 24 hours from the
beginning of the elections shall not be considered.
Article 29. Voters' Lists of Electoral Areas
Electoral area voters' lists shall be compiled by the area
electoral committee according to the electoral district voters'
lists submitted by the district electoral committees at least 20
days prior to the elections.
V. Nomination of Candidates for Council Members
Article 30. Nomination of Candidates for Council Members in
Electoral Areas
The following political parties, political organisations and
public organisations (hereinafter referred to as organisations
nominating candidates of lists) shall have the right to nominate
candidates for Council members:
1) political parties, political organisations registered
with the Ministry of Justice under the Law on Political Parties
at least 35 days prior to the elections;
2) public organisations registered with the Ministry of
Justice at least 3 months prior to the elections and for which
at least 200 signatures of electoral area voters have been
collected, supporting the participation of the public
organisation in the elections at electoral area in which 21
Council members are being elected, at least 1,000 signatures in
which from 25 to 41 Council members are being elected, and at
least 2,000 signatures in which 51 Council members are being
elected. Voters' signatures shall be collected on a special
signature collection sheet.
Signatures of voters of electoral area shall be collected on
the sheet bearing the following text:
I, the citizen of the Republic of Lithuania, confirm that I
support the participation of
-----------------------------------------------------------------
( the name of the public organisation nominating the list of
candidates)
in the elections of----------------------------------------------
members in ( name of the local government Council)
-------------------------------:
(date of the elections)
-----------------------------------------------------------------
No. Full Number of Date Permanent Date Signature
name Passport of birth place or
of a person residence
of the RL
-----------------------------------------------------------------
All data shall be entered in the signature collection sheet
by the voter himself/herself. He or she may support every public
organisation only once. At the end of the sheet there must be a
person's name who has collected signatures; full name , the
number of RL passport, their address and his/her signature .
An organisation nominating lists of candidates shall
nominate candidates for Council members in the electoral areas
by presenting lists of candidates. The number of candidates on
the list may not be less than 5 and may not exceed the number of
mandates plus 5 more candidates.
The candidates must meet the requirements prescribed by
Article 2 of this Law.
Every candidate may be registered only in the list of
candidates nominated by one organisation nominating the list of
candidates and only in one electoral area. In the event that a
person is placed in more than one list, the area electoral
committee shall request that the person choose in which list of
candidates he or she would like to run for the election. If the
candidate fails to notify of his or her choice 30 days prior to
the election day, he or she shall be removed from all lists of
candidates.
Article 31. Application Documents for the Nomination of
Candidates for Council Members
For the nomination of candidates, organisations nominating
lists of candidates must file the following application
documentation with the Central Electoral Committee:
3) the list of areas in which organisations nominating
lists of candidates intend to nominate their candidates;
4) documents evidencing the payment of electoral roll
deposit in the amount of minimum monthly wage (MMW) multiplied by
the number of areas in which candidates will be nominated;
5) the lists of representatives in the Central Electoral
Committee and representatives in the area electoral committee of
the organisation nominating lists of candidates.
Organisations nominating lists of candidates must file with
the area electoral committee the following application
documentation:
1) the list of nominated candidates in which candidates are
placed in a numerical order, signed by a representative of the
organisation nominating lists of candidates, in the area
electoral committee;
3) the certificate issued by the Central Electoral
Committee, concerning the registration of the organisation,
nominating lists of candidates, for the participation in the
elections to the Council of that local government.
The list of nominated candidates must state the candidate's
full name, date of birth, and address; attached must also be a
document evidencing that the candidate is a citizen of the
Republic of Lithuania.
The filing of application documents shall commence 65 days
before the election and shall end 35 days before the election.
Upon receipt of application documents from an organisation
nominating lists of candidates, the Central Electoral Committee
shall, within 2 days, apply to the Ministry of Justice for
confirmation of the fact that said organisation has been
registered, its activities have not been suspended or terminated,
and its filed statutes are valid. The Ministry of Justice must
give a written reply within 2 days. Upon receipt of a notice
concerning improper registration or any other deficiencies, the
Central Electoral Committee must immediately notify the
representative of the organisation, nominating lists of
candidates, in the Central Electoral Committee. The Central
Electoral Committee shall, within 7 days after the receipt of
application documents, issue the certificate to said
representative, concerning the registration of the organisation
for the participation in the elections to the local government
Council.
Article 32. Joining of Lists of Candidates
Several organisations nominating lists of candidates may
join these lists no later than 35 days before the day of
elections. For this purpose they must submit to the area
electoral committee applications concerning the joining of lists
of candidates, signed by the representatives of the
organisations, nominating candidates, in the area electoral
committee, which are forming the coalition. The joint list
shall be considered as one list. One organisation nominating
lists of candidates may participate in only one joint list of
candidates.
Article 33. A Representative of an Organisation , Nominating
Lists of Candidates, in the Electoral Committee
When presenting application documents, organisations
nominating lists of candidates must indicate the full names and
addresses of their respective representatives in the electoral
committees. Organisations may at any time replace their
respective representative in the electoral committee in the same
manner in which he or she was appointed.
Article 34. The Right to Withdraw Application Documents
Through their respective representatives in the electoral
committee, organisations nominating lists of candidates as well
as a person placed in the list of nominated candidates, may, at
any time, but no later than 17 days prior to the elections,
withdraw the candidacy application. In order to do so, the area
electoral committee must be applied to, whereas the person,
nominated by an organisation nominating lists of candidates must
also notify its representative.
In the event that application documents are withdrawn by an
organisation, nominating lists of candidates, which is a
coalition member, the candidates shall be removed from the joint
list of candidates and the name of the coalition may be changed.
In the latter case notification in writing of the representatives
of the coalition members shall be mandatory. If, after the
withdrawal of application documents, candidates of only one
organisation remain on the joint list of candidates, said persons
shall run for election only as candidates of the organisation
nominating lists of candidates.
Article 35. Announcement of the List of Candidates
At least 32 days before the elections, the Central Electoral
Committee shall establish by drawing lots the election numbers of
organisations nominating lists of candidates and shall announce
said numbers in all electoral areas.
At least 30 days before the election, the area electoral
committees shall announce the lists of candidates nominated by
organisations or coalitions as well as their election numbers.
At least 15 days before the election, the area electoral
committee shall deliver the final lists of candidates nominated
by organisations or coalitions.
VI. Guarantees of the Activities of Candidates for Council
Members
Article 36. The Right of Candidates for Council Members to
Speak at Meetings and Make Use of Mass Media
Upon the commencement of the election campaign, candidates
for Council members shall have the equal right to speak at voter
meetings and other meetings, gatherings, and sittings, as well as
through local mass media and to publicise the programme of the
organisation that has nominated them.
Local government authorities must provide assistance to
candidates for local government Councils in organising meetings
with voters and obtaining necessary information, with the
exception of confidential information, in accordance with the
laws of the Republic of Lithuania or decrees of the Government of
the Republic of Lithuania.
Article 37. Liability for Violation of the Law of the
Republic of Lithuania on Elections to Local
Government Councils
Persons who by force, fraud, threats or otherwise hinder the
implementation of the right to vote, to be elected to the
Council, or to organise election campaigns, as well as members of
electoral committees and other officers who falsify election
documents, calculate votes fraudulently, violate voting secrecy,
or otherwise violate this Law, shall be liable according to the
laws of the Republic of Lithuania. Legal actions shall also be
instituted against persons who publish or otherwise spread false
statements about a candidate for Council members or prevent said
candidate from meeting with voters.
Article 38. The Inviolability of a Candidate for Council
Members
During the election campaign and after the election, until
the first sitting of the local government Council, a candidate
for Council member may not, without the consent of the area
electoral committee, be found criminally responsible or arrested,
nor may administrative penalties be imposed on him or her for
actions committed during the election campaign.
Article 39. Election Observers
An election observer of an organisation nominating lists of
candidates shall be a person bearing the certificate in the form
established by the Central Electoral Committee.
Election observers shall have the right to demand that the
chairperson and members of an electoral committee, as well as
persons who are in the polling place, adhere to this and other
laws of the Republic of Lithuania.
VII. Campaigning
Article 40. Principles of Campaigning
The opening of the election campaign shall be announced by
the Central Electoral Committee at least 30 days prior to the
elections.
Organisations nominating lists of candidates or their
coalitions may start campaigning from the day the election
campaign starts; provisions set forth in this Chapter shall apply
to the election campaign.
Campaigning may be conducted in any form or manner provided
that the Constitution and the laws of the Republic of Lithuania
are not violated thereby.
Commanders of national defence and interior service units
and chief officers of the places of confinement shall provide
conditions for the representatives of organisations, nominating
lists of candidates, in the Central Electoral Committee to visit,
upon presenting their certificates, military units and places of
confinement for the election purposes.
Article 41. Conditions and Procedure for the Utilisation of
the Mass Media
Organisations nominating candidates for Council members
shall be entitled to make use of national and local government
mass media free of charge. The scope and time of the national
radio and television programs shall be specified by the Central
Electoral Committee on co-ordination with the chief officers of
the Lithuanian Radio and Television, and shall be allocated in
the manner ensuring the principle of equality of said
organisations.
Each organisation nominating lists of candidates shall be
allocated equal time on the local government radio and
television programmes.
Campaigning over the commercial mass media shall be limited
only by the amount of funds on the election accounts.
In the event that mass media makes public the material
discrediting a candidate for Council members (such material may
be publicised 10 days before the elections at the latest), it
must itself announce the candidate's response at least 3 days
prior to the election.
All disputes related to election campaigning shall be
settled by electoral committee according to the principle of
equal rights of candidates nominated by organisations nominating
lists of candidates.
Article 42. Prohibition for the Officers of State and Local
Government Institutions to Exert Influence upon the Will of the
Voters
During election campaigns, officers of State and local
government institutions as well as employees of the State and
local government mass media shall be prohibited from using their
official duties for any form of campaigning or otherwise
attempting to exert influence upon the will of the voters.
If such persons are candidates for Council members, they may
use the mass media only according to the procedure set forth in
Par.1 hereof. In the event that the fulfilment of their duties
requires that they announce important news to the mass media,
they may do so only at a press conference.
Article 43. Provision of Finances for Campaigning
Campaigning shall be financed from State funds as well as
from the funds raised by organisations, nominating lists of
candidates which shall be deposited in special election accounts.
The maximum sum allowed for campaigning shall be the
equivalent of 20 AMW for each electoral roll and 200 AMW for an
organisation nominating lists of candidates. If the amount of
money transferred into an appropriate account exceeds the
established sum, the bank shall transfer the surplus to the State
Budget. It shall be prohibited to use other funds for covering
the expenses of the election campaign. Upon establishing that
campaigning was financed with funds other than those withdrawn
from the election account, the paid sum shall be recovered from
the payee without suit and shall be transferred into the State
Budget.
State funds shall be used to pay for time on the national
and local government radio and television allotted under this
Law and for printing the election programme for each electoral
roll.
The utilisation of funds allocated for campaigning shall be
controlled by financial institutions, the Central Electoral
Committee and area electoral committees. Organisations
nominating lists of voters must publish in the press consolidated
reports concerning the sources of funds and the utilisation
thereof for campaigning no later than 30 days after the
elections. The amount of funds received for each roll,
organisation nominating the list of candidates and the balance
must also be specified in the report. The election accounts shall
be closed no later than 25 days after the elections.
Organisations nominating lists of candidates shall use at their
discretion the funds which have not been used for campaigning.
The bank shall transfer into the State Budget sums from the
accounts which have not been closed by the fixed date.
Article 44. Prohibition of Campaigning
Campaigning shall be prohibited during the 24 hours period
before the beginning of elections and on the election day. No
campaign posters shall be allowed in or within a 50 metre radius
of the voting place.
VIII. Preparatory Activities for the Organisation of Elections
Article 45. Ballot-papers
During elections to the Council, each voter shall be
presented with one ballot-paper whereon the election number of an
organisation nominating lists of voters or coalition, the name of
said organisation, or coalition, and the full names of the first
five candidates in the list of candidates shall be specified.
The names of organisations shall be placed on the ballot-
papers according to the number assigned to them and in the
increasing order. Coalitions shall be registered according to the
smallest election number of the organisation nominating lists of
candidates ,which is a member of the coalition.
Article 46. Delivery of Ballot-papers
Ballot-papers and envelopes shall be delivered to electoral
districts and post offices at least 7 days prior to the
elections.
On ships, voters must be provided with free access to
ballot-papers and envelopes for postal voting at least 10 days
prior to the day of elections.
The Central Electoral Committee shall be responsible for the
printing of ballot-papers and envelopes for postal voting, as
well as the delivery thereof by the specified date.
Article 47. Voter Certificate
Voter certificates shall be delivered to voters at least 10
days prior to the election day. If voter certificate is not
delivered through the fault of the electoral committee, it must
be issued immediately upon the voter's request.
In the event that a voter is presented with an inaccurate
voter certificate, or, due to an error in the list of voters, the
voter certificate is not issued at all, a correct voter
certificate shall be issued immediately after rectification of
the mistake.
Upon written application, a voter may be issued a duplicate
voter certificate.
Each voter certificate shall include the following:
IX. Voting
Article 48. Time and Place of Voting
Voting shall take place on the day of elections from 7 a.m.
to 9 p.m. in the polling place designated by the district
electoral committee. Voters shall vote in the electoral district
in whose list of voters their names have been placed. A voter's
vote received by mail shall be valid only in the electoral area
in whose list of voters his or her name has been included.
Article 49. Preparation of Polling Places
The requirements for the preparation of polling places shall
be established by the Central Electoral Committee.
Voting booths must be set up so that the voter inside the
booth is not visible to anyone.
The text of this Law must be accessible in all electoral
districts. Lists of candidates nominated by organisations must
be posted in the polling place.
No other events, except the elections and voting, may be
conducted in the polling place and in the 50- metre radius around
it.
Article 50. Commencement of Voting
On the day of elections, the polling place shall be opened
only when at least 3/5 of the electoral committee members of the
electoral district are present. Then, the chairperson of the
district electoral committee, together with other members of the
electoral committee, shall ascertain that the ballot-box is
empty, and shall seal it up. Having checked that the polling
place has been furnished without violating the established
requirements, the chairperson of the district electoral committee
shall register in the vote calculation record the total number of
ballot-papers received at the district, distribute the ballot-
papers and lists of voters among the members of the electoral
committee, record in the vote calculation record of the electoral
district the number of ballot-papers distributed to each member
of the electoral committee, and open the polling place, thus
proclaiming the commencement of the elections.
51. Article. Voter Identification
Upon arriving at the polling place, voters shall present to
a member of the electoral committee of the electoral district
their voter certificates as well as their passports or other
documents certifying their identity, and shall sign in the list
of voters. Voter certificates shall not be returned to the
voters. In the event that a voter has not been issued a voter
certificate, it may be issued upon presentation of a passport or
any other document certifying his or her identity. After the
voter signs in he or she shall be issued a ballot-paper. If
voting by mail, a note concerning the issue of the ballot-paper
shall be recorded on the voter certificate which shall then be
returned to the voter.
A voter shall be issued only one ballot-paper. Any electoral
committee member who violates the above requirement may be
removed from issuing ballot-papers or expelled from the committee
members.
Article 52. Voting Procedure
Upon being issued a ballot-paper, the voter shall go into
the voting booth where he or she shall mark the ballot.
On a ballot-paper, the voter shall mark the name of the list
of that organisation or coalition for which he or she is
voting.
Voters shall personally cast their marked ballot-papers into
the ballot-box.
At the voter's request, a faulty ballot-paper shall be
exchanged for a new one. Faulty ballot-papers shall be kept
separately after the member of the electoral committee who issued
the new ballot-paper crosses out and signs the faulty ballot-
paper.
Voters who are physically incapable of marking their ballot-
papers or casting them into the ballot-box themselves may
designate another person (with the exception of the chairperson
or members of the electoral committee) to carry out the above
actions in their place.
Article 53. Voting by Mail
Voting by mail shall be possible at post offices during
business hours beginning 7 days before the elections and ending 1
day before the elections if the voter is voting in his or her
territory of electoral area, and ending 2 days before the
elections if the voter is voting in the central post office or a
special post office that is located in the territory of another
electoral area. Expenses related to voting by mail shall be
covered by the State.
The head of the post office shall be responsible for the
organisation of voting by mail. He or she shall also be
responsible for the issue and collection of voucher envelopes
during voting by mail.
A responsible officer (officers) shall be appointed for the
issue and collection of ballot-papers and envelopes.
Post offices must provide a place where voters can, without
interference, mark their ballot-papers and put them into voucher
envelopes.
Voting by mail shall be conducted in accordance with the
procedure set forth in Articles 51 and 52 of this Law, with the
exception of casting ballot-papers into the ballot-box. Together
with ballot-papers, voters shall be given envelopes for voting by
mail.
The voter shall put marked ballot-papers into the voucher
envelope, seal it, put the envelope and the voter certificate
into the outer envelope and seal it. The outer envelope shall be
stamped with the post office seal.
Envelope for voting by mail shall be addressed to the
electoral committee of the electoral district in the list of
voters of which the voter is registered.
At least 2 days prior to the elections, a postal worker
shall bring outer envelopes, voucher envelopes, and ballot-papers
to the homes of voters who cannot move. The district electoral
committees shall, no later than 7 days before the elections,
draw up the list of voters who are unable to move on the basis of
the data presented to them in writing by the social care and
assistance institutions of the local government. Voters who are
not in the list of voters who are unable to move shall not be
permitted to vote at home by mail.
The voter may:
1) hand the sealed outer envelope (with the voter
certificate, voucher envelope and ballot-paper inside) to a
postal officer;
3) put the sealed outer envelope into a post-box.
Article 54. Voting on Ships
Voting shall take place on board a ship if the ship leaves
the port of the Republic of Lithuania at least 6 days prior to
the elections and will not return to a port of the Republic of
Lithuania prior to the election day, or if there are
circumstances preventing a crew member or a board passenger who
are entitled to vote from voting in his or her electoral district
or by mail.
The Central Electoral Committee, in co-ordination with the
Ministry of Foreign Affairs, shall compile a list of ships on
which voting shall take place and shall fix the time of voting on
every ship in such a manner that each voter on board a ship is
provided with the possibility to vote. The captain of the ship or
the mate shall be responsible for the organisation of voting on
board.
Article 55. The Procedure for Voting at Diplomatic Missions
and on Ships
The procedure for voting at diplomatic missions and on ships
shall be established by the Central Electoral Committee.
Article 56. Voting at Medical Facilities and Institutions of
Social Care and Assistance
Special post offices designated for voting shall be
established in medical facilities and institutions of social care
and assistance.
Patients of such facilities and institutions who are able to
move shall vote themselves in accordance with the procedure set
forth in Article 54 of this Law.
Inmates of health care facilities and institutions of care
who are unable to move shall be visited by officers of special
post offices who are approved by district electoral committees.
The voting person must, in conditions of privacy, personally mark
the ballot-paper and put it into the voucher envelope. If
necessary, the person may be assisted by an individual whom he or
she trusts.
On the instructions of the head of a health facility or
institution of social care or assistance, it may be prohibited to
disturb a person who is in bad condition for the purpose of
voting. Such instructions shall be obligatory to special post
offices.
It shall be prohibited to disturb individuals for the
purpose of voting if a commission of doctors concludes, pursuant
to the procedure established by the Ministry of Health Care,
that, during the voting, the individual, by reason of chronic
mental disease, imbecility or short-time mental disorder, is
incapable of understanding the essence of his or her actions and
controlling them.
Article 57. Voting in Military Units
Special post offices designated for voting shall be
established in military units of the national defence system.
If possible, chief officers of military units shall provide
conditions for servicemen to vote in the electoral districts of
their permanent place of residence.
Article 58. Voting in Places of Imprisonment
Special post offices designated for voting shall be
established in places of imprisonment.
X. Calculation of Votes and Establishment of Voting Results
Article 59. Records of Voucher Envelopes and Ballot-papers
in Post Offices
The post office head shall deliver unused envelopes and
ballot-papers to the electoral committee of the electoral area
one day before the elections.
The records of voucher envelopes and ballot-papers shall be
kept in the manner established by the Central Electoral Committee
by the post office head in the journal designated for that
purpose.
The envelopes with the ballot-papers marked by the voters
shall be delivered to the district electoral committees on the
election day no later than 2 hours before the end of the
elections.
The records of voucher envelopes and ballot-papers shall be
kept by the Central Electoral Committee.
Article 60. Records of Ballot-papers in Electoral Districts
Upon the closing of a polling place, the chairperson of the
district electoral committee, in the presence of at least 3/5 of
the electoral committee members, shall seal up and stamp the
slit of the ballot-box, collect the unused ballot-papers from
each member of the district electoral committee individually,
publicly count said ballot-papers, record their number in the
vote counting record, and check against the signatures on the
voter lists and voter certificates that no ballot-papers have
been issued unlawfully.
The electoral committee shall publicly count the unused and
faulty ballot-papers, annul them by cutting off the upper right-
hand corner, place them in envelopes designated for that purpose,
and seal the envelopes. The number of unused and faulty ballot-
papers shall be recorded in the vote calculation record.
Article 61. Calculation of Votes in the Electoral District
and Records of Voters who have Voted
The district electoral committee, with at least 3/5 of its
members participating, shall inspect the district ballot-box:
they shall confirm that the seals have not been broken and that
there is no other evidence which indicates that the ballot-box
could have been opened or that ballot-papers could have been
removed. The committee, with at least 3/5 of its members
participating, shall decide whether or not the ballot-box has
been tampered with. If the committee comes to the decision that
the ballot-box has been tampered with, a written statement
thereon shall be made, and the votes shall not be tallied.
Having ascertained that the ballot-box has not been tampered
with, the ballot-box shall be opened in the presence of a t least
3/5 of the committee members, all the ballot-papers shall be
placed on tables which are clear of any other documents and
writing instruments, and the calculation of votes shall begin.
Votes shall be calculated so that all persons present during
the procedure are able to observe all of the ballot-papers marked
by the voters. The specific vote calculation procedure shall be
established by the Central Electoral Committee.
The number of voters shall be determined according to the
district voter list. The number of voters who have been issued
ballot-papers shall be established according to the signatures of
voters evidencing that the ballot-papers have been received. The
number of voters who have voted in the electoral district shall
be established according to the number of ballot-papers found in
the ballot-box. The number of voters who have taken part in the
election shall be established according to the number of ballot-
papers found in the ballot-boxes of electoral districts and the
number of ballot-papers received by mail.
Upon finding more ballot-papers in the ballot-box than were
issued to the voters, the electoral committee shall take
appropriate measures to determine the reasons therefor.
The results of the vote calculation shall be entered in the
vote calculation record.
Upon counting all the ballot-papers found in the ballot-box,
the calculation of the ballot-papers received by mail shall
commence:
1) the chairperson of the district electoral committee shall
present, unopened, all outer envelopes received by mail. Their
number shall be entered in the vote calculation record;
3) voter certificates shall be taken out of the outer
envelopes and checked against the voter list of the electoral
district, and the voucher envelopes shall be stamped with the
seal of the electoral area. If the person on the voter
certificate is not on the voter list, or voter's signature is on
the voter list indicating that he/she has already voted in the
electoral district, or another envelope of voting by mail has
been received already from the same voter, or there is no voter
certificate in the outer envelope, or there is more than one
voter certificate in the outer envelope, the seal shall not be
affixed and the ballot-papers in the envelope shall be considered
invalid. The fact must be noted on the voucher envelope;
4) in the voter list of the electoral district, a special
record "voted by mail" shall be made by the surname of the voter
whose vote was received by mail;
5) the sealed voucher envelope shall be cast into a ballot-
box installed according to the established requirements;
6) when all envelopes received by mail are gone over in this
way, the ballot-box shall be opened, the sealed voucher envelopes
shall be unsealed, and the votes received by mail shall be
counted according to the requirements set forth in this Article.
If there is more than one ballot-paper in a voucher envelope, all
ballot-papers in the envelope shall be declared invalid.
If there is only one stamped voucher envelope in an
electoral district, in order not to violate the secrecy of voting
it shall not be unsealed but shall be referred to an area
electoral committee, which shall enter the results of voting into
its vote calculation record.
Article 62. Vote Calculation Records of the Electoral
District
One vote calculation record shall be drawn up in each
electoral district.
The vote calculation record of the electoral area shall
include:
3) the number of ballot-papers issued to each member of the
electoral committee, the number of ballot-papers issued to the
voters, the number of voter signatures, the number of voter
certificates, and the number of unused or faulty ballot-papers;
9) the number of votes cast separately for the each list of
candidates nominated by a political party, political organisation
or coalition;
13) the number of votes received by mail, cast for the
list of candidates nominated by political parties, political
organisation or coalition;
16) the total number of votes cast for each list of
candidates nominated by organisations or coalitions .
If the number of ballot-papers found in the ballot-box
exceeds the number of ballot-papers issued to the voters, an
entry to that effect shall be made in the vote calculation
record, specifying the number of ballot-papers found in excess.
The vote calculation records of the electoral district shall
be signed by the chairperson and members of the district
electoral committee. After that the observers shall sign the
records. Comments of the observers and the opinions of the
committee members shall be appended to the records and shall
constitute an inseparable part thereof.
Article 63. Invalid Ballot-papers
The following ballot-papers shall be deemed invalid:
4) ballot-papers on which more than one list of candidates
nominated by an organisation or coalition or no list of
candidates is marked.
The decision to declare a ballot-paper invalid shall be
adopted by the district electoral committee.
Article 64. Presentation of Vote Calculation Documents of
Electoral District to the Area Electoral
Committee
The district electoral committee shall put all ballot-
papers, including invalid and faulty ones, vote calculation
records, voter list and other election documents into a package
and seal according to the procedure established by the Central
Electoral Committee. The package shall be delivered to the
Central Electoral Committee not later than within 6 hours from
the end of the voting.
The Central Electoral Committee and the Ministry of Internal
Affairs must ensure the safety of the delivery of the election
documents and of persons who are delivering said documents.
Article 65. Summing-up of Vote Calculation Results by the
Area Electoral Committee
The area electoral committee shall commence the summing-up
of the vote calculation results upon receipt of all vote
calculation documents from electoral districts.
Article 66. Vote Calculation Records of the Area Electoral
Committee
In accordance with vote calculation records of electoral
districts, ballot-papers and other election documents, the area
electoral committee shall establish:
1) the number of voters in the area who took part in the
election, which equals the number of voters who cast their vote
in the electoral districts of the area;
2) the number of invalid ballot-papers in the area which
equals the total number of invalid ballot-papers in electoral
districts of the area;
3) the number of ballot-papers valid in the area which
corresponds to the total number of valid ballot-papers in
electoral districts of the area; and
4) the number of votes cast for each list of candidates
nominated by an organisation or coalition, which is equal to the
number of votes cast in electoral districts for each list of
candidates nominated by an organisation or coalition.
Article 67. Establishment of Election Results in Electoral
Areas
An organisation nominating lists of candidates or a
coalition may receive mandates of Council members only if no less
than 4% of the voters who took part in the elections voted for
the list of candidates nominated by them.
Mandates shall be distributed among organisations nominating
lists of candidates or coalitions in proportion to the number of
votes received by each list, by applying the method of quotas and
remainders.
First of all the quota shall be calculated, i.e. how much
votes are needed in order to receive 1 mandate. It shall be equal
to the number of all votes cast in the electoral area for the
lists participating in the distribution of mandates, divided by
the number of members being elected to the local government
Council. If the obtained quotient is with the remainder, the
remainder shall be subtracted and 1 shall be added to the
quotient.
After that the number of votes cast for every list shall be
divided by the quota. The obtained integer quotient shall be the
number of mandates due to each list, whereas the remainder of the
division shall be used for distributing the remaining mandates.
For this purpose all organisations nominating lists of candidates
or coalitions are recorded in the numerical order - according to
the amount of the remainder assigned to them starting from the
highest. In the event that the remainders of organisations or
coalitions are of equal size, the organisation or coalition
which received the greatest number of votes shall be recorded
first. Should they, in addition, receive an equal number of
votes, the organisation or coalition with the smallest election
number shall be recorded first.
If any of the organisations nominating lists of candidates
or coalitions would receive more mandates than the number of
candidates in its list, the remaining number of mandates shall be
distributed among the other lists by applying the method of
remainders.
Candidates who are on one list shall receive the mandates in
the order of succession specified in the application documents of
the organisation nominating lists of candidates or coalition.
Article 68. Presentation of the Council Members Election
Results to the Central Electoral Committee
The area electoral committees shall present the Council
members election results to the Central Electoral Committee in
the manner established and by the date fixed by the Central
Electoral Committee.
Article 69. Participation of the Representatives of
Oragnisations,Nominating Lists of Candidates, in
the Electoral Committees and Election Observers in
the Calculation of Votes and Establishment of
Election Results
Representatives of organisations, nominating lists of
candidates in the electoral committees and election observers as
well as representatives of the mass media may participate in the
calculation of votes in the electoral districts and the
establishment of election results in electoral areas.
The representatives and observers shall have the right to
make comments and claims concerning violations of this Law and
other laws of the Republic of Lithuania, addressing them to the
appropriate electoral committees, but they may not hinder the
work of electoral committees. The representatives and observers
shall have the right to make a written protest which, together
with other election documents of the district, shall be
delivered to the appropriate area electoral committee.
Article 70. Appeals against the Decisions of the Electoral
Committees Adopted after the Voting has been
Completed
The representatives of organisations, nominating lists of
candidates, in the electoral committees, the election observers
may appeal to the area electoral committee the decisions of the
district electoral committees concerning the recording of the
vote calculation records within 24 hours after the adoption of
said decisions. The appeals must be examined no later than within
24 hours.
When examining appeals against the decisions of the
district electoral committees concerning the recording of vote
calculation records, the ballot-papers delivered by the district
electoral committee may, with at least 3/5 of the committee
members participating, be counted anew, and, in the event that an
arithmetical error has been made or erroneously counted valid or
invalid ballot-papers are established in the records, an
additional district vote calculation record shall be drawn up and
appended to the district vote calculation record. Area electoral
committees shall not have the right to declare the vote
calculation records of the district electoral committees invalid.
The decision of the area electoral committee concerning an
appeal may be appealed to the Central Electoral Committee within
24 hours from the adoption of said decision.
When examining appeals against the decisions of area
electoral committees concerning the drawing up of vote
calculation records in an electoral area, the Central Electoral
Committee may calculate anew the ballot-papers delivered by the
electoral committee and, upon establishing in the records an
arithmetic error or an erroneously counted number of valid or
invalid ballot-papers, the Committee shall draw up additional
vote calculation records of the area, district and append said
records to the area vote calculation records.
The Central Electoral Committee may declare the election
results in an electoral area as invalid if it establishes that
gross violations of this Law committed during the voting or
falsification of documents had a decisive influence on the
election results.
Article 71. Declaration of Elections as Invalid
Elections shall be declared invalid if in their course the
Republic of Lithuania Law on Elections to the Local Government
Councils is grossly violated, election documents are falsified,
or any other unlawful actions which have a decisive influence on
the election results are committed.
Organisations, nominating lists of candidates, which ran
in the elections may lodge appeals concerning the declaration of
elections as invalid or the erroneous establishment of election
results with the Supreme Court of Lithuania within 5 days from
the day that the election results were announced.
The Supreme Court of Lithuania shall examine appeals
concerning the declaration of the elections as invalid or
concerning the erroneous establishment of election results
within 5 days. The decision of the Court shall be final.
Article 72. Approval and Announcement of Election Results
The Central Electoral Committee shall announce the final
results of the elections within 7 days after the elections. The
Central Electoral Committee shall approve without consideration
the decisions of the area electoral committees in respect of
which no appeals concerning the violation of the Law on Elections
to the Local Government Councils which had a decisive influence
on the election results are received from a political party,
political organisation representative in the electoral committee
within 3 days after the elections. Upon the approval of the
decision of a district electoral committee by the Central
Electoral Committee, the district electoral committee shall no
later than within two days after the approval of the decision
announce the electoral area election results. In the event that
the Central Electoral Committee changes the decision of the area
electoral committee or adopts a decision concerning the seat of
the missing member of the local government Council, the election
results shall be announced by the Central Electoral Committee and
the issuing of local government Council member certificates shall
commence no earlier than after 7 days and shall be terminated no
later than 10 days after the announcement of the election results
or the decision.
The Central Electoral Committee shall refund the deposits
for electoral rolls to the organisations, nominating lists of
candidates, which participated in the distribution of mandates,
with the exception of the number of areas in which the
organisation nominating lists of candidates did not participate
in the distribution of mandates. The deposit shall be refunded
within 15 days after the announcement of the final election
results.
Article 73. Certificate of the Local Government Council
Member
After the announcement of election results, the electoral
committee shall issue certificates of the local government
Council member to the elected candidates. All disputes concerning
failure to issue certificates of the Council member shall be
resolved within 3 days of the receipt of the appeal by the
district court, the decision of which shall be final.
Article 74. Repeat Elections
Repeat elections shall be held if elections to the local
government Council are declared invalid.
Repeat elections shall be held no later than after 3 months
after the elections have been declared invalid. The Central
Electoral Committee shall establish the actual day of the
elections and adopt the decision concerning the prolongation of
powers of the area electoral committee, changes in the committee
membership or formation of a new committee. The area electoral
committee shall form new district electoral committees. After
that the repeat elections shall be conducted according to the
procedure established by this Law. The election deposits of
organisations, nominating lists of candidates, which had been
previously registered for the participation in the elections in
the area shall be held valid for the repeat elections.
Article 75. Filling in the Vacant Seats in the Council
If, upon the termination of powers of a Council member, a
vacant seat has to be filled in the local government Council, on
the decision of the Central Electoral Committee adopted no later
than within 10 days after the seat in the Council is vacated, the
top unelected candidate from the organisation or coalition in
whose list had been the candidate elected to the presently vacant
seat shall become a member of the Council.
Article 76. Loss of the Mandate of Council Member
Each candidate for the post of Council member must publicly
announce about his or her conscious cooperation with the special
services of a foreign state, provided that he or she was not
thereby carrying out the assignments of the Republic of
Lithuania, whereas the election posters of organisations,
nominating lists of candidates or coalitions must contain a
corresponding notice if a person who consciously and not on the
instruction of the Republic of Lithuania co-operated with the
special services of a foreign state is in the list of its
nominated candidates.
If the candidate fails to act in the prescribed manner, and
if after the elections his or her co-operation with the foreign
special services which was not related to carrying out the
assignments of the Republic of Lithuania is proved according to
the procedure established by law, his or her Council member
powers shall be terminated from that day forward.
I promulgate this Law passed by the Seimas of the Republic of
Lithuania.
President of the Republic Algirdas Brazauskas